fit- VXy 
 
A N 
 
 ACCOUNT 
 
 OF THE 
 
 STATE PRISON 
 
 O R 
 
 Penitentiary House, 
 
 IN T H K 
 
 CITY OF NEW-YORK. 
 
 BY ONE OF THE INSPECTORS OF THE PRISON. 
 
 " A punilhment to be juft, (hould have only that degree of feverity 
 which is faSicient to deter oth:rs : — Perpetual labour will have thij 
 effect more than the punilhinsnt of death-" Bsccakia. 
 
 A- £ W - YORK'. 
 
 PRINITU BY TSAAC COLtlNS AMD SON- 
 ISO!, 
 
" LIBERTY is in its higheft perfeftion, 
 
 when criminal laws derive each punifliment from t'he 
 particular nature of the crime. The knowledge ac- 
 quired in fome countries, or that may hereafter be obtained 
 in others, in regard to the fureft rules that can be 
 obferved in criminal judgments, is more interefting to 
 mankind than any other thing in the univerfc. Liberty- 
 can only be founded on the practice of this knowledge." 
 
 " The Chriftian Religion, which ordains that men 
 fhould love each other, would without doubt have every 
 nation bleft with the beft civil and political laws ; be- 
 caufe thefe are, next to this religion, the greateft good 
 that men can give and receive." 
 
 " In moderate governments, a good legiOator is lefs 
 bent upon punifhing than preventing crimes : he is more 
 attentive to infpire good morals, than to inflift punifii-' 
 ments." 
 
 Montesquieu. 
 
t 
 
INTRODUCTION. 
 
 AT branch of jurifprudence which treats 
 of crimes and their punifhment, is the mofl; inte- 
 refting and momentous in the whole code ot laws. 
 The peace, fecurity and happinefs of fociety de- 
 pend on the wifdom and juflice of the means de- 
 vifed for the prevention of crimes. In no nation 
 have legiflators bellowed that profound attention 
 on this fubjeft which its importance demands. 
 
 While civilization and refinement were chang- 
 ing the condition and manners of focial life, the 
 criminal codes of the nations of Europe retained a 
 vindi&ive and fanguinary fpirit, the growth of a 
 rude and barbarous age. Benevolent and virtuous 
 men faw and deplored the evils produced and per- 
 petuated by unequal and cruel punilhments ; but 
 the mild voice of reafon and humanity reached 
 not the thrones of princes or the halls of legifla- 
 tors. While the State was aggrandized by con- 
 queft, enriched by commerce, or ornamented by 
 the productions of art, they thought not of the un- 
 happy beings who fuflFered under the numerous 
 oppreffions of tyrannical laws. — While every ob- 
 ject which encompaffed them wore the afpefl: of 
 fplendourand felicity, their daaikd .eye^ Were not 
 
( 6 ) 
 
 turned to thofe gloomy abodes where the viftims 
 of injuftice languifhed in mifery and defpair. 
 
 The art of printing, by which one man, how- 
 ever private and obfcure, is enabled to make him- 
 felf heard by a whole people, prepared the way 
 for reformation. MONTESQUIEU expofed the 
 errors of Icgiflators, and unfolded founder princi- 
 ples of jurifprudence. The eloquent BECCARIA 
 roufed the attention of civilized Europe, and, by 
 his unanfwerable appeal to reafon and humanity, 
 produced thofe fucceflive efforts to meliorate the 
 fyflems of penal laws, which conftitute the greateft 
 glory of the prefent Age. H O W A R D,* the aftive 
 and indefatigable friend of man, by exploring the 
 prifons and dungeons of Europe, and, from their 
 dark and unvifited receffcs, bringing to light the 
 enormous abufes and dreadful miferies produced 
 
 * The eulogium pronounced on this benevolent charaftcr by the moft 
 eloquent man of any age, caiuiot be too often quoted. " 1 cannot," fays 
 BURKE, " nanie this gentleman (Howard) without remarking, that his 
 " labours and writings have done much to open the eyes and hearts of 
 " iii^'-ikind. He has vilitcd all Europe,--not to furvey tlie fumptuou£he£> 
 " of palaces, or the ftateUnefs of temples; not to make accuratj; meafure- 
 " mcnts of the remains of ancient grandeur, nor to form a Tcale of the cu- 
 " riofity of modern art ; not to colled medals, or collate snaiiulcripts 
 " but to dive into the depths of dungeons ; to plunge into the infection of 
 " hofpitals ; to furvey the manfioiis of forrow and pain ; to talce the guage 
 " and dimcnfions of truiery, deprcfllon, and contempt ; to remember the 
 " forgotten, to attend to the negledled, to vifit the forfakcn, and to com- 
 " pare and collate the diftreffcs of all men in all countries. His plan is oii- 
 " gina!, and it is as full of genius as it is of humanity. It was a voyage of 
 " difcovery, a circumnavigation ol' clisrity. Already the benefit of his 
 " bour 13 ftlt more or kfs ii> ewiry v.cui-.try, ar.dlJ".opc h(; wi'I anticipate his 
 " final reward by feting all its tnecis fully realized in his cy/n. He will 
 " receive, not hy retail but in grofe, the reward of thofa^bo vifit the pri- 
 " foiier, and he has fo forcftalled aad monopollica this branch of rharity, 
 " th;i; ihrre will be I tri,!! liitlc roopi to m;rit by facl-. acTs of bcnr.-olcnte 
 
( 7 ) 
 
 by cruel laws and their corrupt adminiftration, 
 more powerfully awakened the feelings of humani- 
 ty and juftice, by which the legiflator is enabled 
 to complete the great work of correUion. 
 
 But wliile the names of Montesquieu, Beg- 
 gar i a and Howard, are repeated with gratitude 
 and admiration, the legiflators and philanthropifts 
 of our own country deferve not to be forgotten. 
 The Hiftory of Pennfylvania prefents to our view 
 a man who claims the praife of being the firf^ to 
 frame and propofe a criminal code from which the 
 punifliment of death \vas excluded, except in the 
 fingle cafe of premeditated murder, and by which 
 each crime received a punifliment equitably pro- 
 portioned to the degree of its enormity. 
 
 In England, where fecret accufations, fecret and 
 mock trials, torture, and all the cruel contrivances 
 of fuperllition and defpotifm to confound and de- 
 ftroy alike the innocent and the guilty, were un- 
 known ; where the excellent inftitution of a trial 
 by jury, and humane and wife forms of legal pro- 
 ceedings were eflablifhed for the protection of the 
 accufed ; where liberty was defended by^ law, and 
 cherifh,ed by the fpirit and manners of the people ; 
 ieve|i in!. that enlightened country there exitled a 
 fcale of pilnifhmcnts as fanguinary and unjuft as 
 any in Europ?'. The criminal delivered to impri- 
 fonment w?s often forgotten by the laws, and fuf- 
 fi red an aggravation of -his chaftifcment in the 
 loathfome horrors of his prifon, and the extortions 
 and oppreffion of his keepers. No adequate dif- 
 tinCHon wiis itiade', in the diftributton of punifli- 
 
( 8 ) 
 
 mcnts, between a poacher and a panicide, between 
 him who filched a loaf to fatisfy the cravings of 
 hunger, and him who firft robbed and then mur- 
 dered his benefa£lor.* The colonies of England 
 adopted in general the civil and criminal laws of 
 the parent ftate. In fome, the fpirit of freedom 
 which animated the firft adventurers, fugitives from 
 civil and religious tyranny, produced changes, and 
 the gradual formation of a milder and more equi- 
 table fyftem of penal laws. 
 
 WILLIAM PENN,t aauated by the pure 
 principles of a Chriflian and a philofopher, lift- 
 ening to the fimple fuggeflions of humanity and 
 juftice, conftru6led the equitable code juft men- 
 tioned, which he boldly enafted and tranfmitted to 
 England to receive the royal affcnt, although the 
 charter for the eftablifliment of his colony exprcfs- 
 ly enjoined the introda£l;ion of the Englifli laws. 
 Alfent to the new fyilem was refufed by the king, 
 yet it was continued in force by the colonial legif- 
 lature for thirty-five years. Difputes took place 
 between the crown and the governor of Pcnnfyl- 
 viania, concerning the ordinance requiring the offi- 
 cers of the government to lake an oath: inftead of an 
 affirmation. This conteft, xvhich kefxt the colony 
 in a ferment for many years, was at ^khgt^ ierrni-' 
 .... . • J. . 
 
 V Blaci^cocc's Commcntsrrea^'Vo). IV. /tf^CT, and.pag? iS. 
 " melancholy truth, that ainfli^p.tbe. variety of z&ioM ^'hich men -re i. .i.y 
 " liable to tommit, no Icfs than •»«• hmJnd and Jixty have been cleclar^i^ \>f 
 " ;i<;t of parliament, to be iErlorif ■wkhout bensfit of clergy ; or, jo' oilier' 
 ■■ V, ortis, to be tvoriby if infiavf dctilu." Tht: number of capital 'puniihim'm* 
 hag been counderably. aiigtiienCed fin>o t'u- publlLui: ]■ r 
 tlrlcs.- " ' ', .• 
 
( 9 ) 
 
 nated by the legiflatare, who confented to ex- 
 change their favourite plan of penal laws for that of 
 the mother country. In return for this conceffion, 
 the crown yielded the right of affirmation to fucli 
 as confcientioufly refufed to take an oath. 
 
 Though reftraincd for a time, the .fpirit of reform 
 revived with the revolution ; and, Urengthened by 
 the difcuffions of the general principles of freedom, 
 and the writings of Beccaria and others, at 
 length produced that fyftem of puniftiment for 
 crimes, which refle6ls fo much honour on that 
 Stale. The new penal laws of Pennfylvania, its 
 prifons and penitentiary houfe, their progrefs, in- 
 ternal economy, and management, have been al- 
 ready made known by feveral publications. 
 
 When New- York became an Englifh colony, 
 the laws and inRitutions of England were intro- 
 duced and continued in their full extent and ri- 
 gour. This favourite child of the crown reflefled 
 more ftrongly than any other the image of its pa- 
 rent. Even after the revolution, when the fpirit 
 of liberty led to inquiries favourable to principles 
 of moderation and juftfcq, the criminal code of 
 this State was diftinguifh^ed for its feverity. It was 
 not to be expefted, that a people enamoured of 
 fifeedom. and a republic, fhould long acquiefce in 
 a fyftem of laws, many of them the produQ: of bar- 
 barojus ufages, corrupt, fociety, and monarchical 
 principles, and imperfeQIy adapted to a new 
 country, fonple manners, and a popular form of 
 government. 
 
 R 
 
( 10 ) 
 
 Before giving an account of the changes that 
 have been made in that fyftem, it will be proper 
 to exhibit, briefly, the feveral punifhnients as they 
 exifled antecedent to the year 1796. By a law, 
 which bears date February 1788, the following 
 crimes are declared puniftiable with death: 1. 
 Treafon; 2. Mifprifion of treafon ; 3. Murder; 
 4. Rape; 5. Sodomy; 6. Burglary; 7. Feloniouf- 
 ly taking goods and chattels out of any church or 
 place of public worfhip ; 8. Felonioufly breaking 
 any houfe, by day or by night, any perfon being 
 in the houfe, and thereby put in fear; 9. Robbing 
 any perfon in the dwelling-houfe or place of fuch 
 perfon, the owner, dweller, his wife, children, or 
 fervants being in the fame, or within the precinfts 
 thereof, fleeping or waking; 10. Robbing any per- 
 fon ; 11. Felonioufly taking away goods or chat- 
 tels from a dwelling-houfe, the owner or any other 
 perfon being therein, and put in fear; 12. Rob- 
 bing any dwelling-houfe in the day-time, any per- 
 fon being therein ; 13. Robbing any perfon or per- 
 fons in or about the highway; 14. Arfon, or the 
 wilful burning any houfe or barn; 15. Malicious 
 maiming and wounding another; 16. Forgery, or 
 counterfeiting any record, charter, deed, writing, 
 fealed will, teftament, bond, bill of exchange, pro- 
 milTory note for the payment of money, indorfc- 
 ment or affignment thereof, acquittance or receipt 
 for money or goods, any bill of credit or public 
 fecUrities iffued by tongrefs or any of the United 
 States, or any gold or filver coin current in the 
 State. — The conviction of all which felonies was 
 accompanied with a forfeiture of the goods and 
 chattels, lands, tenements, and hereditaments of 
 
C 11 ) 
 
 the felon. AH other felonies were for the Jirjl of- 
 fence punifhable by fine, imprifonment, or corpo- 
 ral punifhment, or all or either of them at the dif- 
 cretion of the court. For the fecond offence the 
 offender was to fuffer death. Thefe felonies con- 
 fifted of various thefts not of the preceding defcrip- 
 tion, amounting to Grand Larceny, that is, above 
 the fum of five pounds ; Stealing any record, pro- 
 cefs, &c. out of the office of the Secretary of State, 
 or of any of the Courts of Record ; Levying a fine, 
 fuffering a recovery, or acknowledging any deed, 
 recognizance, bail or judgment, in the name of 
 another not privy or confenting thereto ; Embez- 
 zlefnent of his mailer's goods by a fervant or ap- 
 prentice above eighteen years old to the amount 
 of twenty fhillings ; Forcible abduftion, marrying, 
 or defiling a woman ; Carnal knowledge or abufe 
 of any child under ten years of age, &;c. 
 
 In 1794, one of our citizens who was well ac- 
 quainted vvith the plan and economy of the new 
 penitentiary houfe in Philadelphia, convinced of 
 the beneficent effefts of a fyftem which, fixing a 
 juft proportion between crimes and punifhments, 
 afforded room for the exercife of benevolence in 
 the work of reformation, became felicitous to ex- 
 tend the benefits of fuch a fcheme. He procured a 
 number of copies of a report on the criminal code of 
 Pennfylvania,* with an account of the penitentiary 
 there, and tranfmitted them to two of the members 
 of the legjflature of New- York, then fitting in Al- 
 banyj with a requeft that they might be diftributed 
 
 ' By WiHiam Bradford, Eiij, piw.tjf 'thc Jadgcs of the Supreme Coun 
 
( 12 } 
 
 among the members, who, on their return home la 
 their refpe£live counties, might communicate them 
 to the people, whofe attention would thus be call- 
 ed to a fimilar reformation in their own laws. The 
 fame citizen, in 1795, made feveral vifits to the 
 prifons in Philadelphia, for the purpofe of obtain- 
 ing complete and fatisfaftory information of the 
 operation and efFefts of the new fyftem of punifh- 
 ment eflablifhed, in which he received ample af- 
 fiftance from his worthy and intelligent friend 
 CALEB LOWNES. 
 
 The refult of thefe inquiries was communicated 
 by him to General SCHUYLER, a diRinguiflied 
 member of the Senate of this State. This public- 
 fpirited fenator, perceiving the great importance 
 of the fubjecl, and the wifdom of an experiment 
 fo loudly demanded by humanity, vifited, in com- 
 pany with the fame perfon, the Philadelphia peni- 
 tentiary, and witncfl'ed, with furprife and fatisfac- 
 tion, the fpirit of wifdom and benevolence which 
 prefided in that inflitution ; the cleanlincfs, decen- 
 cy, order, and tranquil induftry which prevailed 
 in every part. With minds deeply impreffed with 
 what they had feen and heard, they returned to the 
 city of New- York, where the legiflature were then 
 convened. A few citizens, afluated by the fame 
 fentiments were confulted, and a plan of reform, 
 in a bill " fqr making alterations in th'e criminal 
 jaws of the State, and the erefting of rtale-prifons," 
 was prepared by General Schuyler, and in four 
 days after his return, was prefentcd to the Senate. 
 The bill was introduced by an able and. animated 
 fpeech of the mover j and after being powerfully 
 
( 13 ) 
 
 fupported by feveral members,* was carried, with 
 only one diflenting voice; and in the houfe of 
 affembly with but nine oppofing votes. This 
 bill, after pafling the ufual forms, became a law 
 on the 26th March, lygG.f 
 
 By this law, which has received feveral amend- 
 ments fince it was enafted, all thofe crimes, 
 (excepting treafon and murder, which continue 
 capital) that'were before punifhed with death, are 
 now punifhable with imprifonment for life in the 
 State- Prifon ; and, if the Court think fit, the cri- 
 minal may be fentenced alfo to hard labour or 
 folitary confinement, or both. All offences above 
 the degree of petty larceny, and not included in the 
 above defcription, or otherwife punifhed, and fleal- 
 ing from a church, (before a capital offence) are 
 made punifhable for the Jirjl offence with impri- 
 fonment in the State- Prifon to hard labour or foli- 
 tude, all or either of them, at the difcretion of the 
 Court, for a term not exceeding fourteen years. 
 For the fe<:ond offence the puniihmcnt is increafed 
 to imprifonment for life, hard labour or folitude, 
 or both. Petty larcenies, buying and receiving 
 ftolen goods. Sec, obtaining money, goods, &c. 
 by fraud undier falfe pretences, for the Jiijl offence 
 
 * AiatmgtbieSe, AMBKOSKSrEKCERiETq. particularly diftlnguilhed h!m- 
 felf as a,ia<^ iealoxa frieod to the propoled reform. 
 
 By this law, two fcte-prifons were direfted to be built ; one at New- 
 V' rk, acd the ether at Albany. The plan of a prifoii at Albany wa? after- 
 wards rdinquiihcd, and the whole t>{ the money appropriated for both pri- 
 foil!, was direSed to be applied to the one in the city of New- York. J03 jj 
 Watts, Matthew Clarkson, Thomas Eddy, John Murray, iun. 
 3iid Isaac STcvTE>;srRcn, ^'^ere appointed ComiuiiTloners for buildiug 
 
( H ) 
 
 are fubje£led to imprifonment, hard labour, or fo- 
 litude, or both, or^mprifonment only, as the Court 
 may direft, for a term not exceeding one year; 
 perfons guilty of a Jecond offence have their pu- 
 nifhment augmented for a time not exceeding 
 three years. 
 
 Perfons fentenced to imprifonment for any time 
 lefs than twelve months, are confined in the coun- 
 ty gaols, and cannot be fent to the State- Prifon. 
 
 Corporal puniftiment is wholly abolifhed ; and 
 no conviftion or attainder for any crime, except 
 treafon, can work any forfeiture of goods, chattels, 
 lands, tenements, or hereditaments, or any right 
 therein ; and all forfeitures in nature of deodands, 
 and in cafes of fuicide, or flight from juilice, are 
 done away. 
 
 To prevent efcapes, by a law in alteration of the 
 firft law, perfons fentenced for life, who break out 
 and efcape from the prifon, and commit any felony 
 above the degree of petit laiceny, are punifhable 
 with death, Convi£ls fentenced to imprifonment 
 for a term of years, who break out of prifon, and 
 are afterwards retaken, are to undergo imprifon- 
 ment for a period double the time fpecified in the 
 original judgment, to commenee from the time of 
 the laft conviflion, though at the time of being re- 
 taken, the original term had expired j and as often 
 as any perfon, not adjudged to imprifonment for 
 life, lhall efcape from prifon, the period for which 
 he was fentenced fhall commence anew from the 
 time of his efcape. 
 
( 15 ) 
 
 The friends of reform were fenfible that the new 
 law was imperfect. The fubftituting of impri- 
 fonment for life for the punifhment of death in cer- 
 tain cafes, did not alter the relative proportion of 
 punifhment for crimes of different degrees of ma- 
 lignity ;* and if guilty a fecond time of the fame 
 offence, though in degree inferior to the higheft 
 crime, the criminal is fubjefted to the higheft pe- 
 nalty. Great changes, however, in matters fo 
 deeply interefting to the community, (hould not 
 be too fuddenly made. The work of reformation 
 is flow, and muft encounter many and ftrong pre- 
 judices, and the force of long-eftabliflied opinions. 
 It was prudent to liften to the voice of thofe who 
 advifed a forbearance of further change till expert^ 
 ence had fully' afcertained the advantages and de- 
 fers of the new fyftem. Thefe will be gradually 
 developed in the progrefs of the experiment ; but 
 many years are neceffary to its completion. A 
 flight acquaintance with the nature of man and 
 the hiftory of fociety is fufficient to convince the 
 confiderate and difpaflionatc obferver, that the full 
 effefts of an inftitution of this kind cannot be felt, 
 nor the trial of its wifdom and efficacy be fairly 
 and fatisfaftorily made, until after a long and per- 
 fdvering attention to its management and ope- 
 rations. 
 
 * In the criminal code of Jo sE?u 11. Emperor of Germany, Cgned January 
 ijtl, the punifhment of death i» not to he found. Higli treafon is puniflied 
 by thirty years imprilonmeni, confifcation of property, and branding. 
 MjrJfr'wA other offences again ft human life and bodily lafety, are puniSi* 
 ed by imprifonmeut for thirty, fifteen, twelve, eight, and five yean, accord- 
 ing to the different degrees of turpitude. 
 
 " If an equal punifiiment be ordained for two crimes tlmt injure fociety 
 " m diffcrdnf degree, there is nothing to deter men from committing the 
 " greatjr, a« often a» it it attended with greater advantage." (Becciria ; 
 
( i6 ) 
 
 It is to be lamented, that many good citizens, 
 feeling a juft abhorrence at crimes, confulting the 
 fuggeflions of virtuous indignation, rather than the 
 principles of juftice, become impatient that the al- 
 teration of the penal code has not yet produced 
 greater and more decided efiFefts, and diminifticd 
 the number of the guilty. They, fometimes, even 
 exprcfs a regret at the change which has been 
 wrought in our laws, and returning to a fyftem of 
 accumulated feverity and terror, wifti to fee every 
 offence againfl life and property punilhed with 
 death ; as if crimes would ceafe with the extermi- 
 nation of the criminal. But let fuch turn their 
 eyes inward upon their own hearts, and analyze 
 the fource from whence fuch wifhes arife. Let 
 them confider the effects produced on fociety and 
 manners by the rapid increafe of wealth and luxu- 
 ry, natural population, and emigration, which con- 
 fequently augment the number of crimes, whe- 
 ther the laws be mild or fanguinary. Let them 
 confult reafon, and the experience of the moft en- 
 lightened nations, which prove beyond all con- 
 tradi6lion, that crimes are moft frequent where 
 the laws are moft rigorous ; that punifhments 7nild 
 and certain more effeftually prevent crimes than 
 thofe which are fanguinary and fevere. Let them 
 at leaft examine, before they condemn, a fyftem 
 fanftioned by different legiflatures, prudent and 
 enlightened, and applauded by the wifeft and beft 
 men in all civilized countries. 
 
x. 
 
( 19 ). 
 
 is a building of ftone for folitary cells. Each 
 building contains feven cells. The cells are 
 eight feet long, fix feet wide, and fourteen feet 
 high : the windows are eight feet from the floor. 
 It would have been more fecure if all the cells and 
 the rooms in the wings adjoining had communica- 
 ted with one and the fame palFage ; fince the fame 
 perfon who watched the wings might at the fame 
 time have attended to the cells. It was, probably, 
 owing to this defeft, that the efcapes were made 
 from the cells, which might have been prevented 
 by a fuitable watch. 
 
 Parallel to the front, along the rear of the yard, 
 is a building of brick, two hundred feet in length, 
 and twenty feet in breadth, two flories high, which 
 contains all the work-fhops. In the interior court 
 •are two pumps with excellent water, and a large 
 bafoii fupplied with water from the river, in which 
 the prifoners frequently bathe during the warm 
 feafon, for the purpofe of cleanlinefs and health. 
 
 The whole is furrounded by a wall, of flone 
 fwenty-three feet high oh the river fide, and four- 
 teen feet high in front, extending in length on one 
 fide five hundred feet, and in breadth two hundred 
 and fcventy-nine feet. 
 
 The north fide of this enclofure is allotted to- 
 keep fuel, and materials fbr the ufe of the fjrifon. 
 The area on the fouth fide is appropriated to a 
 garden, which is in excellent order, and produces 
 all the vegetables wanted fox the ufe of the prrfon, 
 the keeper and his family. 
 
( 20 ) 
 
 The annexed plales will give a more exaft idea 
 of the extent and fituation of the buildings, and 
 the arrangement of the rooms. The whole ex- 
 penfe of tlie ground, buildings, and wharf, was 
 two hundred and eight thoufand, eight hundred 
 and forty-fix dollars. 
 
 — 
 
 SECTION II. 
 
 Of the InfpeBors. 
 
 THERE are Jcvtn Infpe6lors of the prifon, 
 appointed by the governor and council, during 
 pleafure. They are required by law to meet once 
 at leaft in every month. They meet once in each 
 week to confult on the affairs of the prifon ; and, 
 monthly, two of their number are felefted as vi- 
 Jitors. The perfons thus defignated muft vifit 
 the prifon once in each week, during the recefs 
 of the board of infpeclors. It is their duty to 
 inquire into and infpefl the general flate of the 
 prifon j to fee that the keepers are attentive and 
 faithful in the difcharge of their feveral duties ; 
 that cleanlincfs; decency, and order are every where 
 maintained ; that the prifoncrs arc treated with juf- 
 tice and humanity : to liRc.n to their complaints 
 and communications ; to admonifh the bad, ap- 
 plaud the good, and encourage all to amendment 
 and reformation ; and to give them fuch advice as 
 Jnay awaken virtuous i'eniibility, and promote theif 
 ^T^oral and religious improvement. 
 
( 21 ) 
 
 This occafional intercouife, in which the prifon- 
 crs difcover in their vifitors the features of benevo- 
 lence, not the contemptuous frowns of an unfeeling 
 tyrant, has a tendency to encourage the well-dif- 
 pofed, and foften the hearts of fuch as are grown 
 obdurate by reiterated crimes. While it repreffes 
 the ferocious infolence of the hardened offender, 
 it tranquilizes the tumultuous feelings of defpair ; 
 and inflead of gloomy indifference, depreflion, and 
 contempt, excites emotions of hope and fear, at- 
 tention and refpeft, which prepare the mind to re- 
 ceive impreflions favourable to future amendment. 
 
 The Inrpe£tors, with the Judges of the Supreme 
 Court, or any two of them, the Mayor and Re- 
 corder of the city of New- York, the Attorney- 
 General, and Afliftant Attorney-General, are em- 
 powered to make regulations for the internal go- 
 vernment and management of the prifon. And 
 the Governor, Lieutenant-Governor, Chancellor, 
 and fuch Minifters of the Gofpel, refiding in the 
 city, as have the charge of churches or congrega- 
 tions, are alfo allowed to vifit and examine the 
 prifon at their pleafure. Every day either the 
 vifiting infpe6tors, the agent, who is alfo an in- 
 fpeftor, or fome of the board not on duty, and 
 others occalionally, vifit the prifon. In the fe- 
 cond week of the terms of April and j uly, when 
 the Supreme Court is held in the city, vifitations 
 are made by the Judges, who inquire into the flate 
 and progrefs of the eflablifhment. 
 
 And it is a circumftance not lefs honourable tq 
 them than evincive of the foundnefs of the princi- 
 
pies of the inftitution, that they have hitherto been 
 its zealous friends, and dilpofed to promote its 
 fuccefs by their countenance and advice. Their 
 fituation, while it renders them familiar with cri- 
 minals, and enables them to decide with greater 
 certainty on the operation of human. punifhments, 
 is alfo favourable to thofe habits of deliberation 
 and enlightened foreiight, fo necelTary in pro- 
 nouncing on the wifdbm or fuccefs of new experi- 
 ments in the fyflem of penal laws. 
 
 With this fyftem of vifitation and infpefiion, it 
 is hardly pofTible that abufes and corruptions 
 fhould creep into the adminiflration of the prifon, 
 or fhould. they arife, they cannot be long unnoticed 
 or unreformed. 
 
 The Injpe^ors or the Agent purchafe all the ar- 
 ticles required for the ufe of the prifon, the rav\r 
 materials for manufafture, and the tools and im- 
 plements necelTary in the feveral occupations. A 
 regular account of all thefe purchafes is kept, and, 
 annually, a report is made by the Infpe£lors to the 
 legiflature of the condition of the prifon, the num- 
 ber and defcription of the convifls received during 
 the year, difcharged, and remaining in confinement ; 
 an account of the fums expended for the main- 
 tenance of the prifoners, for raw materials, tools, 
 &c. and of the monies received from the flate, aad 
 ariling from the fale of the manufactured articles. 
 
 No falaries arc paid to the Infpedlors. Atlu- 
 ated by principles of benevolence, and a love of 
 juflice and humanity, they have offered the vo- 
 
( 23 ) 
 
 luntary contribution of their fcrvices. They have 
 fought no other recompenfe than thofe feehngs 
 which accompany the exertions of good men for 
 the benefit of fociety. 
 
 The Agent appointed to purchafe cloathing 
 and materials, and for the difpofal of the manufac- 
 tured articles, is allowed a falary of fifteen hundred 
 dollars a year. As the nature of his office leads 
 him daily to the prifon, he ought to be fele£led 
 from the board of Infpetlors; otherwife, as it is 
 necelTary that one of the Infpcftors fhould attend 
 at the prifon every day, that he may be intimately 
 acquainted with its concerns, and ready to advife 
 and dire£l in a variety of things which fhould not 
 be left entirely to the keeper, another falary would 
 be re<juifite as a compenfation for this extraordinary 
 fer\'ice. As this is now performed by an agent 
 v/ho is alfo an Infpeftor, a confiderable fum is 
 annually faved. 
 
 The Infpeftors have a cleri, who refides at the 
 prifon, and is allowed five hundred dollars a year. 
 He tranfcribes the minutes and orders of the 
 board ; and, in books provided for that purpofe, 
 enters the names of the prifoners received and dif- 
 charged; keeps an account of the labour performed 
 by each prifoner, and charges him with his cloath- 
 ing and diet : and alfo an account of articles 
 brought into the prifon for the maintenance of the 
 convicts, and for the purpofe of being manufac- 
 tured. 
 
 When a prifoner is dilmilfed from confinement, 
 
( 24 ) 
 
 his account is made out and laid before the In- 
 fpeclors; and his name, with a defcription of his 
 perfon, and the mode of hfe he intends to purfue, 
 is tranfmitted to the pohce magiflrates. 
 
 Though, in the commencement of this eftablifli- 
 ment, perfons have been found willing to under- 
 take the gratuitous management of its concerns as 
 Infpeftors; yet fome may imagine, that without 
 the inducement of confiderable falaries, or the 
 ufual motives of intereft, it will be difficult 
 hereafter to obtain a competent number qualified 
 for the execution of fuch an office. It cannot be 
 denied, that the efficacy and fuccefs of this new 
 experiment in penal law, will, in a great degree, 
 depend on the board of Infpeftors ; but it is 
 highly probable, that, in a city fo populous as 
 New- York, men may always be found, endued 
 with that benevolence and zeal which fuch a caufe 
 demands, who will be ready to devote gratuitouf- 
 ly a portion of their time and talents to a fervicc 
 fo honourable to them and beneficial to the com- 
 munity. 
 
 The entire cujlody of the prifon and the con- 
 vi6ls is committed by law to the Infpeftors, who 
 are authorized to appoint and remove the kctpen 
 at their pleafure. 
 
( "25 ) 
 
 SECTION III. 
 
 Of the Keeper and his AJftJlants. 
 
 THE principal keeper is obliged to take an 
 oath or affirmation for the faithful execution of 
 his office, and to give fecurity for the perform- 
 ance of 'the duties required of him. He is al- 
 lowed a falary of eight hundred and feventy-five 
 dollars a year, with his board and the neceffary 
 apartments for himfelf and his family in the prifon; 
 but no fees or perquiutes of any kind is he per- 
 mitted, on any account, to receive. 
 
 . It is of the higheft importance, that an officer 
 on whom the fafety of the prifon and the fuccefs 
 of the inftitution fo eflentially depend, fliould be 
 a perfon of refpeftability, and endued with quali- 
 ties adapted to fo difficult and arduous a duty. A 
 falary, therefore, ought to be given, in fome degree, 
 proportioned to the great care and refponfibility at- 
 tached to the office, and which may command the 
 fervices of a fui table charafter. By a competent 
 and fixed falary, while fees and the prices of indul- 
 gences of any kind are ftri£lly prohibited, all 
 temptations to extortion and abufe, fo frequent 
 and enormous in the prifons of other countries, 
 are entirely prevented. 
 
 A keeper fhould be a perfon of found under- 
 ftanding, quick difcemment, and ready apprehen- 
 fion; of a temper cool, equable, and difpaffionate; 
 with a heart wanned by the feelings of benevot 
 D 
 
( 26 ) 
 
 lence, but firm and refolute ; of manners dignified 
 and commanding, yet mild and conciliating ; a 
 lover of temperance, decency, and order ; neither 
 refentful, talkative, or familiar ; but patient, perfe- 
 vering, and difcreet in all his conduft. While 
 the unhappy wretches committed to his care and 
 fubjefted to his power are regarded as fufceptible 
 of being influenced by their fellow men, and capa- 
 ble of reformation, he fhould never treat them with 
 harfhnefs, cruelty, or caprice, nor thwart or irritate 
 them in trivial matters ; but, on all occafions, 
 while he makes himfelf feared, he fhould, by a 
 mild and temperate behaviour, by vifiting the 
 fick, inquiring into their wants, and occafionally 
 fupplying them with little comforts, and fpeaking 
 kindly to thofe at work, endeavour to gain their 
 affeftion and refpeft. Though, in order that he 
 may be on his guard againfl; their machinations, 
 he fhould confider them as wicked and depra- 
 ved, capable of every atrocity, and ever plotting 
 fome means of violence and efcape ; yet he fliould 
 always be convinced of the pofiTibility of their 
 amendment, and exert himfelf in every Way to 
 promote it. 
 
 He ought, however, to be prompt in punifh- 
 ing every ofiFence againft the rules and orders 
 of the prifon, and fulFer no improprieties of con- 
 du6l to pafs without animadverfion ; for the flight- 
 eft negligence in this refpeft might lead to greater 
 off^ences, and be attended with ferious confe- 
 quences. In the infliftion of punifliment, he 
 fliould be calm and inflexible, without anger, fo 
 
( 27 ) 
 
 that he may convince the oEFender that he a£ls, 
 not from paflion or vengeancCj but from juftice. 
 
 He fhould frequently vifit every part of the pri- 
 fon, the work-fhops, kitchen, hofpital, &c. that he 
 may deteft any irregularities which may be com- 
 mitted. 
 
 No keeper or afEftant-keeper is permitted to 
 ftrike a prifoner. If he is a perfon of good un- 
 derftanding, he will perceive how much his influ- 
 ence muft be diminiflied by any indulgence of 
 anger, and be content with the fober exercife of 
 the power entrufted to him.* 
 
 At each weekly meeting of the Infpeftors, the 
 keeper prefents a written report fpecifying the 
 number of convifls in the prifon and their various 
 employments ; how many have been received or 
 difcharged ; the number of the lick, and of thofe 
 who are confined in the folitary cells ; and, in ge- 
 neral, all the occurrences which have taken place 
 in the prifon, fince the laft meeting of the In- 
 fpeftors. 
 
 The number of AJfiJiant Keepers, at prefent, con- 
 fifts of twelve, who are allowed each a falary of two 
 hundred and fifty dollars a year, with diet, lodging, 
 arid waftiing. One of the afliftants is defignated by 
 
 • " Prifoners are nude defperate by the profanencfs, violent hafty tem- 
 " pers, inhumanity, and ill ufage of their keepers. That convidls cannot 
 " be governed, is certainly erroneous :— the moft defperate may generally 
 " be managed by exerciCng a calm, c^uiet, and fteady mode of condudl, and, 
 " when they behave well, with great kindnefs and humanity ; and when 
 " fick, let them be treated with tendemels." Howard. 
 
( 28 ) 
 
 the Infpeflors as a Deputy Keeper, who, in cafe of 
 vacancy in the office of principal keeper, is invefl- 
 ed with all his powers, and is to execute all his du- 
 ties, and is allowed a falary of four hundred dol- 
 lars a year. The deputy keeper delivers all the 
 clothes to the prifoners, has the charge of all the 
 houfehold furniture, provifions, &c. daily infpefts 
 the gratings of the windows, the walls, floors, &c. 
 to fee if any attempts have been made to efcape. 
 
 The affiftant keepers have feparate flations af- 
 figned them, and keep alternate watch during th» 
 night. It is their peculiar duty to fee that all 
 the orders and regulations refpe£l;ing the prifon are 
 flriftly obferved; that all the apartments, halls, &c, 
 are kept clean ; that the men are attentive to their 
 refpeflive occupations ; and that no noife, fwear- 
 ing, indecent language, or difturbance, is permit- 
 ted. In cafe of any mifbehaviour, however trifling, 
 they muft take the offenders, without delay or con- 
 tention, to the keeper, for the purpofe of being 
 fent to the folitary cells, if he (hall be thought to 
 fieferye punifhment. 
 
 As the prifoners are puniflied for indecent Ian- 
 guage and mifbehaviour, it is elTential that the 
 keeper and his affiftants fliould wholly abftain 
 from every impropriety of fpcech and conduct : 
 for it is in vain to expcQ: good manners in the 
 convifts, when thofe who are fet over them exhibit 
 examples of the very vices they are required to 
 chaftife and corre6l. 
 
 The Infpc6lors are careful to inform thofe whQ 
 
( 29 ) 
 
 are appointed keepers, that, fhould they be found 
 guilty of thofe vicious praftices, they fhall be dif- 
 mifled. It is difficult to find keepers of fufficient 
 zeal to admonifli the prifoners againft 'fuch con- 
 du6l, or to punifh them when guilty. When, 
 however, their negligence or connivance is difco- 
 vered, they are fure to be difcharged. 
 
 The afliftant keepers, who alfo perform the du- 
 ties of Turnkeys, are without arms of any kind, 
 fince no punifliment is allowed to be inflicted, 
 except folitary confinement. In the feleftion of 
 affiflant keepers, great care is taken to employ 
 thofe only who are temperate, vigilant, and faith- 
 ful, and who will fet no example of that irregu- 
 larity, indecency, or mifconduft, which is fo ftri6l- 
 ly prohibited in the prifon. 
 
 In confequence of fome efcapes, the legiflature 
 at the laft feflions authorized the Governor, or the 
 perfon adminiftering the government, to raife a 
 guard, to be called " The State- Rrifon Guard." 
 It is under the fole direftion of* the Mayor of 
 the city of New-York, and is to obey all his orders 
 and regulations for guarding the prifon, or arreft- 
 ing thofe who may efcape. 
 
 The annual expenfe of this guard will be about 
 feven thoufand dollars. Though the fecurity of 
 the prifon is of the higheft confequence, fince the 
 efficacy of mild puniftiments depends on their cer- 
 tainty ; yet it is probable, that an increafe of the 
 number of keepers, and a more perfeft arrange- 
 ment of them, would have been equally eCFeftual 
 
( 30 ) 
 
 to that fecurity, and would create not half the ad- 
 ditional expenfe of the prefent guard. 
 
 The diftance of the prifon from the thickly in- 
 habited parts of the city, is a circum fiance which 
 at prefent renders efcapes more eafily to be efFeft- 
 ed. Confidering the rapid increafe of New- York 
 for the laft ten years, it is probable that in double 
 that portion of time, the State- Prifon will be the 
 middle point of the weftem part of the city, and 
 be environed with well-built ftreets. In that event, 
 and with the aid of a more perfefl experience, it is 
 expefled that the prifon may be rendered more 
 fecure, and the prefent additional expenfe faved. 
 
 But fhould this expcftation never be realized, 
 the advantage which muft refult to the communi- 
 ty from the certainty of puniftiment in the perfeft 
 fecurity of the prifon, mull, in the mind of every 
 confiderate perfon, far outweigh the circumftance 
 of the expenfe of an increafed number of keepers, 
 which, after all, may poffibly be defrayed out of 
 the profits arifing from the labour of the convi6ts 
 themfelves. 
 
( 3^ ) 
 
 SECTION IV. 
 
 Of the Prifoners ; their general treatment^ 
 occupations ^ drefs^ diet, and means of re- 
 formation. 
 
 WHEN a convifl is firft received into the pri- 
 fon, he is put into a room, appropriated folely to 
 that ufe, where he is immediately ftripped of all 
 his clothes, and obliged to vvafti and clean himfelf. 
 He is then dreffed in a new fliirt, trowfers, jacket, 
 ftioes and ftockings, the uniform of the prifon. 
 He is then afked what kind of work he is fitted to 
 perform, or is inclined to undertake ; and the next 
 day commences his courfe of labour. If the prifon- 
 er is ignorant of any of the branches of induftry 
 eftablifhed in the prifon, which is generally the cafe, 
 or refufes to feledl any, the keeper decides, and he 
 is compelled to learn of thofe who are already fkil- 
 led in the particular manufa£l;ure, to which he is 
 apprenticed. His name, crime, time of convi6lion, 
 and fentence, with a defcription of his perfon, are 
 entered in a book; and the Infpeftors colleft all the 
 information that can be obtained of his former cha- 
 rafter and courfe of life, the circumftances attend- 
 ing his trial, and evidence of his guilt, or what- 
 ever may enable them to form a judgment of the 
 degree of his depravity. This previous knowledge 
 is necelTary to guide them in their treatment of the 
 prifoner during his confinement; and to prevent a 
 premature or miftaken indulgence or feverity to- 
 wards him. 
 
( 32 ) 
 
 The well-behaved are allowed once in three 
 months to fee their wives and connexions in pre- 
 fence of a keeper. 
 
 The keeper is empowered to punifh the convids 
 for affaults, profane curfing and fwearing, indecent 
 behaviour, idlenefs or negligence in work, wilful 
 mifmanagement, or difobedience to lawful orders. 
 This punifhment confifls in the confinement of 
 the offender to one of the folitary cells, and feed- 
 ing him on bread and water only, for fuch time as 
 any two of the Infpeftors may think neceflary and 
 reafonable. The form of thefe cells has already 
 been defcribed. The convi6l who is fent to them 
 for mifbehaviour or contumacy is allowed neither 
 bed nor feat ; and the window is fo high that h6 
 can neither fee nor converfe with any perfon. 
 Surrounded with naked walls, he is left in foHtude 
 to ruminate at leifure, without any external objcft 
 to engage his attention or amufe his fenfes. Irt 
 this fituation, with his thoughts continually direfl- 
 ed to his prefent condition and paft conduft, be 
 may fooner or later perceive the wickednefs and 
 folly of his former courfe of life, feel the bitter 
 pangs of remorfe, and be difpofed to futurfc 
 amendment. 
 
 At firft, the Judges, in feme inflances, exercifcd 
 the power given them by the law, of fentencing the 
 convifts to folitary confinement as a punifhment for 
 the crimes they had committed; but, afterwards, thi* 
 was thought to be needicfsly feverc; and as the ftatt 
 was thereby deprived of the benefit of their la 
 
{ 33 ) 
 
 bour, that punifhmcnt, though it may make a part 
 of the fentence which follows conviftion, is not 
 now inflifted of courfe, but is left to be impofed 
 by the Infpeftors on fuch only as are otherwife 
 refraftory and incorrigible. 
 
 Empi-oyment. — Two years elapfed after the 
 prifon was opened for the reception of convifts, be- 
 fore the outer walls w^ere built, and the work-fhops 
 completed, fo as employment could be found for 
 all. The firft kind of labour introduced was 
 the manufafture of fhoes and boots. Under the 
 inftruftion of a prifoner fentenced for life, who 
 was a fkilful flioemaker, it was matter of furprife 
 to obferve with how much rapidity thofe who 
 were before wholly ignorant of the trade, learned 
 to become excellent workmen. On account of their 
 fedentary occupation, they are allowed occafional- 
 ly to walk in the court-yard for the benefit of 
 air; and if their health is materially affe£ted by 
 fitting at the work-bench, they are transferred to 
 fome more aftive employment. 
 
 Working in iron, as blackfmiths, and cutting 
 nails, aEFord employment to a confiderable number. 
 Thefe, with the carpenters, weavers, coopers, tay- 
 lors, &c. perform their feveral labours in the fhops, 
 in the rear of the great court, which are erefted for 
 that purpofe. One of the convifls, of the bed 
 charafter and well qualified, is elefted to fuperia- 
 tejid each of thofe raanufa6lurcs. 
 
 E 
 
( 34 ) 
 
 The branches of induftry at prefcnt eftablifhed, 
 and the number of men employed, arc, 
 
 Shoemakers, 96 
 
 Cutting out fhoes, ... 5 
 Binding do 8 
 
 109 
 
 Cutting nails, 14 
 
 Heading do 40 
 
 54 
 
 Blackfmiths, 6 
 
 Attending nail dies, 3 
 
 Filing do 2 
 
 Grinding do 6 
 
 Drilling do 2 
 
 Carpenters, . . , 6 
 
 Taylors, 6 
 
 Stocking-weavers 2 
 
 Making needles for do. ... 1 
 
 Spinning, &c 15 
 
 Weavers, 5 
 
 Gardeners, 2 
 
 Common labourers, 8 
 
 Cooks, 7 
 
 Waiters, 4 
 
 Do. in the halls, 8 
 
 Superintendar^ts of kitchen, &c. 4 
 
 Barber, t 
 
 251 
 
 All the linen and woollen cloth and ftockings, 
 for the ufe of the convi£ls, are manufaQurcd by 
 them. 
 
( 35 ) 
 
 It is highly neccffary that the convicts fhould 
 be kept fufficiently clofe to their work, fo as to 
 fulfil the end of their punifhment, which fubjefts 
 them to hard labour. It is to this they are 
 fentenced, and if rigoroufly enforced, it will tend 
 to prevent tbofe who are difcharged, as well as 
 others, from the commiffion of crimes. For while 
 one object is purfued, another mull not be forgot- 
 ten. While the punifhment operates towards the 
 amendment of the criminal, it fhould by its exam- 
 ple produce a falutary dread on the minds of 
 others. 
 
 Each convicl is charged with the clothes fur- 
 nifhed him, the expenfes of his tranfportation from 
 the county in which he was convifted, and fifteen 
 cents a day for his maintenance. A clerk, who 
 is one of the convidls, keeps a daily account of 
 each man's labour, and makes a weekly return 
 thereof to the clerk of the prifon, who enters the 
 fame to the credit of the prifoner. When the convifl; 
 is difcharged, his account is made out by the clerk 
 of the prifon, and laid before the Infpeftors, who 
 are authorized by law to make him fuch allowance 
 as may, in their opinion, be proper. In eftimating 
 the juftice or expediency of this compenfation, the 
 Infpeftors take into confideration the charafter of 
 the perfon before his conviftion, his behaviour 
 during confinement, the general difpofition he has 
 manifefted, and the quantity of labour he has per- 
 formed. If, on the whole, it appears probable that 
 he may make a bad ufe of the money, they give 
 him one or two dollars only, though he may have 
 earned a confiderable fum. If, on the contrary, bis 
 
( 36 ) 
 
 habits appear to be fuch as to induce a belief that 
 he will make a good ufe of money, a larger fum is 
 allowed him. 
 
 The Jnfpeftors having, in feveral inftances, 
 been deceived in the fubfcqucnt condufl of thofe 
 who promifed to do well, have, of late, adopted 
 in fome cafes the following rule : on the dif- 
 charge of a prifoner who appears meritorious, a 
 trifling fum is given him, and a promife in wri- 
 ting by the Infpeftors to pay him the refidue of 
 fuch fum as is agreed upon ; provided, that at 
 the expiration of three months after his difcharge, 
 he fhall produce a certificate, figned by credita- 
 ble citizens, to the fatisfaftion of the Infpeftors, 
 that he has, during that period, behaved orderly, 
 foberly, and induftrioufly ; otherwife the promife 
 to be void- 
 Some of the affiflant keepers overfee the dif- 
 ferent work-fhops, and take care that the men are 
 not reraifs or inattentive to their work. All 
 fwearing, finging, whiflling, idle or indecent con- 
 verfation, are ftriftly prohibited ; nor are they per- 
 mitted to leave the work-fhop where they are placed. 
 In each work-fhop or room, thefe rules, written in 
 confpicuous and legible charafters, are hung up, 
 that no perfon may pretend ignorance of them. 
 
 At fun-rife, all the convi£ls are called up by the 
 affiftant keepers. Each room is fupplied with a 
 pail of frefh water and a coarfe towel, and each 
 prifoner is obliged to wafb his hands and face. 
 
( 37 ) 
 
 At fix o'clock in fummer,* they are fummoned to 
 their refpeftive occupations. Two alEftant keep- 
 ers are conftantly within the prifon with the fhoe- 
 makers ; and one with the women who are em- 
 ployed in walhing, fpinning, fevving, &c. At 
 ihe hour of eight, at the found of the bell, the 
 alEIlant keeper condufts the men to their breakfaft, 
 prepared in one of the fpacious corridors; and 
 thofe who work in the court-yard are led to a 
 large dining-room above the kitchen. To pre- 
 vent any noife or confufion about places, each 
 man fits in the fame place every day. After 
 being feated a fhort time, they commence their 
 meal at a fignal given by the keeper. Thefe meals 
 are taken in filence, and when all are obferved to 
 have finifhed, they are condufted by the keepers to 
 their refpeftive ftations. The fame order is ob- 
 ferved at dinner and fupper ; after which they ar« 
 locked up in their feveral apartments. When 
 day-light difappears, a fmall lamp is lighted in 
 each room and in the halls ; and then the alTiflant; 
 keepers go on watch in the halls, and corridors, 
 which command a view through grated doors of 
 each apartment : they walk to and fro during the 
 night, dividing the watch between them. 
 
 Two watch-houfes are erefted adjoining to, and 
 on the outfide of the walls on the north and fouth 
 fides, which overlook the whole interior court and 
 work-fhops, and in which alfiftant keepers are 
 flationed while the men are at work. 
 
 * Oa account of the diibince of the prifon from the city, it was not 
 thought prudent to permit the prifoners to leaye their rooms at an earlier 
 hour. 
 
( 38 ) 
 
 The rootns in which the prifoners remain during 
 the night, and when they are not at work, have 
 each a grated window which looks into the outer 
 court-yard, and an iron grated door opening into 
 the corridor, in which are other windows towards 
 the interior court, fo that a free circulation of air 
 can be maintained through each apartment. Eight 
 perfons are confined in each room, and are allowed 
 four beds, fo that two fleep in one bed. Their beds 
 are made of tow cloth fluffed with flraw, which is 
 changed once in fix or eight weeks, and are inclofed 
 in a kind of wooden boxes which fold up during 
 the day. This mode of lodging appears objec- 
 tionable ; each prifoner ought to have a feparate 
 bed, confifling of a bedflead of iron, a mattrafs of 
 hair, or of fome other durable and elaflic materials. 
 Such beds would be more expenfivc at firfl, but 
 they would laft long, and be more conducive to 
 health. If prafticable, a lefs number of convi61;s 
 fhould be put into one room. Indeed the repa- 
 ration of the criminals from each other during 
 the night is a matter of fo great importance, that 
 it is defirable that an immediate improvement 
 fliould be made in this refpeft. The rooms arc 
 fwept every day, and waflied once a week, as is 
 every other part of the prifon, which vies, in 
 cleanlineis, with any private dwelling under the 
 management of the mofl notable houfewife. All 
 the rooms in the prifon are white-wafhed with 
 lime and water twice every year; and during 
 the fummer feafon the rooms are frequently whitc- 
 wafhed round the walls about four feet high. 
 Each apartment is furnilhed with a bible, fome 
 
( 39 ) 
 
 religious books, a night-table and a box of fand ; 
 no prifoner is allowed to fpit on the floor. 
 
 Dress. — The fummer diefs of the convifls con- 
 fifts of a jacket and trowfers made of linen cloth 
 of a brown colour. The drefs worn in winter is 
 of the fame form and colour, and made of woollen 
 and linen cloth. Thefe clothes are all made in 
 the prifon. A clean fhirt and trowfers, and in the 
 winter, ftockings, arc given to each prifoner the 
 lad day in every week. Flannel Ihivts are general- 
 ly furnifhed them, particularly to fuch as are of 
 a weak conftitution. If a convi£l is imprifoned 
 a fecond time, he is diftinguifhed by a drefs one 
 half red and the other half blue. 
 
 Diet. — The food of the prifoners ufually con- 
 fifts of a breakfajl, made of rye burnt and prepared 
 like coffee, fweetened with molaffes ; and bread 
 made of equal portions of rye and Indian meal ; 
 a dinner of foup compofed of ox-heads and of- 
 fals, with potatoes and bread ; and a /upper con- 
 fifting of mujh (hafty -pudding) and molaffes, or of 
 Indian pudding and molaffes. The foup fome- 
 times confifts of pork and peas. From the tenth 
 to the fixth month they are furnifhed with potatoes. 
 In the feventh, eighth, and ninth months, foup 
 made of clams, or codfifli and potatoes, are given 
 them every other day ; as it has been found that 
 a conflant diet of frefh provifions produces feveral 
 diforders during the warm feafon.* 
 
 * For the fame reafon the quantity of mokiires Is diinicifhed during rhc 
 warm funuaer aad fall months. 
 
( 40 ) 
 
 The compofition and coft of thefe daily meals 
 may be feen in the following tables. 
 
 No. I. 
 
 Breakfast, 8th month (Auguft) 3d, i8oa, 
 
 for 235 perfons. 
 
 Ingredients. Coft. 
 
 Dolls. Cts. 
 
 1 peck of rye, 025 
 
 6j quarts of raolaffes, 1 2 
 
 130 lb. bread of rye and Indian, 1 95 
 
 Fuel ufed in cooking, o 8 
 
 Total 3 30 
 
 One cent, 4 mills for each perfon. 
 No. II. 
 
 Dinner, 7th month (July) 29th, 1800, for 
 
 225 perfons. 
 
 Ingredients. Coft. 
 
 Dolls. Cts. 
 
 17 OX hearts, o 93^ 
 
 7 ox heads, 1 g 
 
 6 lambs plucks, O 19 
 
 1 peck of potatoes, 015 
 
 3 lb. Indian meal, O 4- 
 
 3 lb. fait, o 4j 
 
 ^ lb. pepper, o lOj 
 
 1 10 lb. bread, 1 65 
 
 Fuel expended in cooking, . . o 2.| 
 Sundry herbs from the garden, . 
 
 Total 4 45 
 
 Nearly 2 cents for each perfon. 
 
( 41 ) 
 
 The ox heads, &c. were fii ft boiled, then taken 
 out of the boiler, feparated from the bones, and cut 
 into fmall pieces and put into the fame water ; ajid 
 the whole kept over the fire until fully done. 
 This dinner was very palatable, and much liked 
 by the prifoners. 
 
 No. III. 
 
 Supper, 8th month (Auguft) 6th, i8oo, for 
 2i8 perions. 
 
 Ingredients. Coft. 
 
 Dolls. Cts. Mills. 
 
 36^ lb. Indian meal for mufh, 
 
 "(hafty pudding) O 54 7^ 
 
 i\ lb. fait, o 30 
 
 61 lb. bread 0915 
 
 2 gall. 3 qts. and 7 gills raolaffes, 1 79 o 
 Fuel O 80 
 
 3 36 4 
 
 1 cent 5iVt mills each perfon. Bread was ferved to 
 feveral, on account of its being preferred by fome 
 Europeans. 
 
 No. IV. 
 
 Dimmer, 8th month (Auguft) 3d, 1800, for 
 
 215 perfons. 
 
 Ingredients. Coft. 
 
 Dolls. Ct5. 
 
 56 lb. fait pork, 4 8 
 
 2\ bulhels of potatoes, 172 
 
 103!^ lb. bread, 1 55 
 
 Fuel, o 24 
 
 7 59 
 
 2 J cents each perfon. 
 F 
 
j 
 
 ( 42 ) 
 
 No. V. 
 
 Dinner, 8th mo. (Auguft) 8tb, 1800, for 218 
 
 pejfons. 
 
 Ingredients. Coft. 
 
 DoUs. Cts. 
 
 16 OX heads, at 1/3 2 50 
 
 2 lb. fait, o 2 
 
 125 lb. bread, i 87 
 
 i lb. pepper, o 10 
 
 Fuel, o 24 
 
 4 73 
 
 nearly 2 cents, 2 mills each perfon. 
 Recapitulation. 
 
 Dolls. Cts. 
 
 Breakfaft, rye coffee and bread, • • 3 30 
 Dinner, ox head foup, (no potatoes) 4 73 
 Supper, mufh and molalTes and bread, 3 36 
 
 Total 11 39 
 
 or 5 cents and 2 mills each perfon. 
 
 No. VI. 
 
 Supper, 8th month (Augufl) 6th, 1800, for 
 
 235 perfons — Indian pudding. 
 
 Ingredients. Coft. 
 
 DolJs. Cts. 
 
 78 lb. Indian meal, 1*7 
 
 ig^ lb. or 7 quarts molafles, . . 1 9 
 
 lb. fuel, o 69 
 
 2 lb. fait, o 2 
 
 Fuel o 8 
 
 16 gall, water 
 
 3 5 
 
 The above was boiled fix hours, and made 235 lb. 
 pudding,— about 1 cent 3 mills each perfon. 
 
( 43 ) 
 No. VII. 
 
 Dinner, 8th month (Auguft) 7th, 1800, for 
 
 218 perfons. 
 
 Ingredients. Coft. 
 
 Dolls. Cts. Milk 
 
 42 lb. dried codfifh, 1 41 o 
 
 2 bufticls and 3 pecks potatoes, . 1720 
 
 6 lb. of {kimmings of the foup, o 75 o 
 
 - lb. pepper, o 10 o 
 
 103 lb. bread, 1 54 5 
 
 Fuel, 0120 
 
 5 64 5 
 
 Nearly 2 cents 7 mills each perfon. 
 
 No. VIII. 
 nth month (November) 3d, 1801,— 
 
 Weighed 145 lb. Indian meal, 
 287 lb. rye do. 
 
 432 lb. 
 
 C. qr. lb. DolkCts, 
 
 Cost. — 115 Indian meal at 16/! . 2 58 
 227 rye do. at 27/. . 8 64 
 
 11 22 
 
 The above 432 lb. rye and Indian meal made 
 327 loaves of bread, of 2^ lb. each, or 735 lb. 
 which, at i-j cts. per lb. is ii dolls. 44 cts, 
 or 327 loaves at 3^ cts. each is n dolls. 44 cts. 
 The fuel, i of a load pine wood, coft 34 cts. 
 
( 44 ) 
 
 No. IX. 
 
 nth month (November) 3d, 1801, — Break- 
 fast for 315 perfons. 
 
 Ingredients. Cofi:. 
 
 Dolls. Cts. 
 
 1 peck rye burnt and prepared like 
 
 coffee, o 23 
 
 7 quarts and 1 pint molaffes, . . 1 5 
 
 110 loaves bread, or z^j^ Ih. at 
 
 i|- cents, ........... 371 
 
 Fuel, o 8 
 
 5 7 
 
 Or 1 cent 6Ar mills each perfon. 
 No. X. 
 
 nth month (November) 6th, i8oi, — Dinner 
 
 for 315 perfons. 
 
 Ingredients. Coft. 
 
 Dolls. Ctt, 
 
 27 ox heads, at if6 5 6 
 
 5 lb. fait, o 7 
 
 ~ lb. pepper, O 9 
 
 22 lb. Indian meal, o 40 
 
 86 loaves bread, or 193^ lb. . . 2 go 
 
 2^ bulhels potatoes, at 2/2. ... 075 
 
 Fuel, o 24 
 
 9 5* 
 
 Or 3 cents each perfon. 
 
( 45 ) 
 
 No. XI. 
 
 11th month (November) 6th, i8oi, — Supper 
 for 315 perfons. 
 
 Dolls. Cts. 
 
 52 lb. Indian meal in mufli or 
 
 hafty pudding, O 94 
 
 5 lb. fait, o 7 
 
 30 loaves bread, or 6^^ lb. ... i 1 
 
 10 quarts molaffes, 1 45 
 
 Fuel, o 8 
 
 3 55 
 
 Or 1 cent 1 mill each perfon. 
 Recapitulation. 
 
 Dolls. Cts. 
 
 Breakfaft, No. 9, rye coflFee and bread, 5 7 
 Dinner, No. 10, (oup with potatoes, . 9 51 
 Supper, No. 1 1 , mufh, molaffes & bread, 3 55 
 Fuel to heat water for waftiing diflies, . o 8 
 
 Total 18 21 
 
 Or cents each perfon. 
 
 In all the above tables, Indian meal is eftimated 
 at i4y! a i6f. percwt. — Rye meal 2yf. percwt. — 
 Molaffes p^/. per gallon — Salt pork 7d. per lb. — 
 Ox heads igd. a i8d. each — Potatoes in the fum- 
 mer months p^f. and in the autumn 2y2. per bu- 
 fhel. In the fummer, men eat much lefs than in 
 the autumn and winter, as is obvious from a 
 comparifon of the above tables. 
 
( 46 ) 
 
 It will be feen, from the preceding experiments, 
 how much the Infpe6lors have profited by the 
 fafts and reafonings, on the important fubjefls of 
 food and fuel, contained in the EJfays of Count 
 RuMFORD. And it is with fmcere pleafure that 
 they are able to ftate, that the experiments of 
 that truly philofophic and benevolent man on the 
 economy of food, and management of fire, have been 
 fully verified in the kitchen of the New- York 
 State Prifon. So fully have thofe objefls been 
 exhibited by him, that it would be needlefs to re- 
 peat what he has fo well elucidated, or to antici- 
 pate the fpeculations of the curious and philofo- 
 phic reader on thofe intcrefting topics. Yet it may 
 be proper to obferve, that two articles of food not 
 noticed by the Count, have been introduced into 
 the State Prifon, and which merit attention on ac- 
 count of their extreme cheapnefs. Thefe are, 
 heads of oxen for foup, and rye prepared in imita- 
 tion of coflFee. No part of beef makes a foup fo 
 rich, palatable, and nutritious as the head, when 
 properly cooked. Rye, when roafted and pre- 
 pared in a fimilar manner, it is believed, is much 
 more nutritious and healthful than coffee. It has 
 been univerfally relifhed by the convifls, who ap- 
 pear much pleafed with it, and with their foup. 
 
 Though the abundance of the articles of food in 
 this country may render individuals Icfs difpofed 
 to fludy the fcienu of mlrition and the economy 
 of diet and fuel, yet its great importance in all 
 public eftablifhments for the poor, or for prifoners, 
 cannot be too often exhibited. Large fums of mo- 
 ney now drawn from the people in taxes for the 
 
( 47 ) 
 
 poor, or by appeals to their charity, are wafted 
 for want of an enlightened fyftem of economy in 
 thofe to whom their diftribution is entrufted. By 
 diminifhing the expenfe of diet and fuel, and 
 giving aftivity to the powers of induftry, every 
 eftablifhment of this kind can be made to fupport 
 itfelf; fociety be thereby relieved from a perpetu- 
 ally increafing burden^ while the moral and phyfical 
 condition of the indigent and vicious may be 
 greatly improved. 
 
 Fuel. — For near two years after the prifon 
 was firll opened for the reception of convidls, their 
 food was cooked in kettles made of call iron, with 
 round bottoms, and fixed up in the ordinary form. 
 The wood expended in that mode of cooking for 
 125 perfons cod 2 dollars 75 cents a day. The 
 laft year, a perfon having been found who could 
 conftruft a kitchen on the plan recommended by 
 Count RuMFORD, copper kettles with flat bot- 
 toms were put up in the manner direfted by the 
 Count. By this alteration, and the ufe of coals in- 
 flead of wood, the expenfe of fiael in cooking for 
 315 perfons was reduced to 50 cents a day ; or 
 from 22 mills to i||.i.mill each perfon per day. A 
 further faving has been made by ufing fine coals, 
 or pulverizing them and mixing them with clay in 
 the form of balls, as recommended by Rumford ; 
 by which means the fine coal which falls through 
 the grate, and is ufually loft with the afties, is now 
 wholly confumed. 
 
 Hospital.— -A phyfician is appointed by the 
 Infpeftors to attend the jjrifon, and is allowed an 
 
( 48 ) 
 
 annual falary of two hundred dollars. A large 
 and airy apartment, on the fecond floor of the north 
 weft wing of the prifon, is appropriated to an fiof- 
 pital, where the fick are conveyed, if, in the opi- 
 nion of the phyfician, they need medical aid. 
 As the prifon is fituated in a diftant part of the 
 city, and accidents may fometimes happen which 
 demand immediate medical affiftance, a fuitable 
 perfon is provided by the phyfician, to refide con- 
 ftantly in the prifon, in the capacity of an apothe- 
 cary. He is allowed diet and lodging. He pre- 
 fcribes for the fick, if necelTary, in the abfence of 
 the phyfician. Fit perfons are fclefled from the 
 prifoners as nurfes, and are under the dirc6lion of 
 the apothecary. The phyfician vifits the fick,- and 
 prefcribes for them twice in each week, or oftener, 
 if their difeafes require greater attention. Any 
 changes in diet, drefs, or employment, which he 
 may think neceflary to the general health of the 
 prifoners, are reprefented by him in writing to the 
 Infpeftors, to be confidered by them, and carried 
 into efFedt fo far as may be confiftcnt with the 
 principles and obje6ls of the inftitution. 
 
 Under the direftion of the phyfician, the apo- 
 thecary keeps a book, in which are inferted the 
 names of the fick, their ages, occupations, and dif- 
 eafes, the commencement and duration of their ma- 
 ladies, the termination of them, the number cured, 
 relieved, or whofe cafes terminate fatally. He alio 
 regifters the nature and quantity of medicines ad- 
 miniftered, and the diet and general regimen, in- 
 cluding cloathing, prefcribed by the phyfician. 
 
( 49 ) 
 
 Means for warm and cold bathing are provided, 
 and a machine for the purpofe of affording exercifc 
 to thofe who are confined to the hofpital. Thofe 
 who are capable of taking exercife in the open air, 
 aie permitted to do fo, under the direftion of the 
 apothecary. 
 
 A feparate kitchen is provided for the hofpital, 
 called the hoffital-kilchen, upon the ground floor 
 of the fame wing, where diet for the fick is pre- 
 pared. This is committed to the management 
 of a fuitable perfon chofen from among the pri- 
 foners. In this kitchen, three copper boilers of 
 an oval form with flat bottoms, are put up in the 
 manner recommended by Count R u m f o r d. The 
 largeft contains twelve gallons, the others about 
 feven gallons each. One bufhcl of coal, which 
 cods 36 cents, is all the fuel wanted in this kitchen 
 for one week, and befides cooking, heats the wa- 
 ter that may be necefC\ry in the hofpital^ About 
 twenty- five perfons, on an average, are fed from 
 this kitchen each day. 
 
 Many of thofe who came into the prifon with 
 conftitutions greatly impaired by exceflive drink- 
 ing, debauchery, and vicious habits, after being 
 fome time ufed to the fyftem of temperance, order, 
 and induftry eftablifhed in the prifon, have be- 
 come healthy and vigorous. 
 
 The difeafes which have prevailed in the prifoit 
 may be fcen in the table annexed. 
 
 G 
 
( 50 ) 
 
 Reformation. — The end of human punifli- 
 ments is Lhe prevention of crimes. In the endea- 
 vour to attain this end, three things arc to be con- 
 fidered ; the amendment of the offender ; the de- 
 terring of others by his example ; reparation to fo- 
 ciety and the party injured. Of thefe objefls, 
 the firft without doubt is of the highefl. importance. 
 Society cannot be better fecured againft crimes, 
 than by eradicating the evil paflTions and corrupt 
 habits which are the fources of guilt. The ope- 
 ration of punifhment as a terror to others, is gene- 
 rally confidered as momentary and uncertain in its 
 elFc6ls ; for men are often found fo regardlefs of 
 the future, as to perpetrate crimes at the inftant 
 they are witneffing the moft dreadful execution of 
 a criminal for a fimilar offence. The punifhment 
 of death precludes the pofTibility of the amendment 
 of the criminal by any human means. Every hope 
 of reformation is at once cut oflF without a fingle ef- 
 fort to accomplifh fo juft and benevolent a purpofe. 
 Society and the injured party are indeed, in the 
 ftrifteil fenfc, avenged on the head of the guilty 
 offender. Juflice, however^ not revenge, is the true 
 foundation of the right of punifhment. But it is 
 not the defign of the prefeut work to difcufs the 
 principles of a code of criminal law, or to point 
 out the errors which have been perpetuated by the 
 palTions or ignorance of legiflatbrs. 
 
 If fociety is eflfeclually fecured againft future 
 mifchief by the impriConment of the ofFender, it is 
 that mode of punifhment alfo which affords llic 
 only chance of reclaiming him from evil. It j> 
 by confinement to hard labour in a penitentipiy 
 
( 51 ) 
 
 houfe, that the primary' and legitimate purpofe of 
 human punifhment is to be cflFefted. The clia- 
 racters of men are endlefsly diverfified, and 
 their motives and a£lions aflume a thoufand dif- 
 ferent hues. In conCdering convifls, we may, 
 in "eneral, diftinouifh them into three claffes : 
 Men grown old in habits of profligacy and vio- 
 lence, unfeeling and defperate offenders, who dif- 
 cover no figns of contrition, and yield little hope 
 of amendment : thofe who in early life have 
 received a moral and religious education, and, 
 though afterwards led by paflion and evil example 
 into the commiflion of crimes, flill retain fome 
 fenfe of virtue : thofe who, having fuftained a 
 fair reputation, are arretted for the firfl public of- 
 fence, before they have become familiar with vice ; 
 who wifhed, perhaps, to return to the path of vir- 
 tue, but had not energy enough to retrace their 
 ftcps. 
 
 In forming an opinion of the depravity 
 of convicts, nothing can be more unjull than 
 to confound thefe different claffes in the fame 
 judgment. All were once innocent; but, blinded 
 by paflion, allured by prefent temptation, they 
 have miftaken their true intereft, and been gradu- 
 ally led into the depths of vice and criminality. 
 In defignating punifhments for various offences, 
 the legiflator can regard only tlie tendency of ac- 
 tions to injure fociety, and diftribute thofe punifli- 
 ments according to the comparative degrees of harm 
 fuch actions may produce. He cannot forefee thofe 
 circumftances in the moral condition of the agent 
 which may juftly leffen or aggravate his guilt; and, 
 
( 52 ) 
 
 by the wife conflitution and jealous policy of our 
 laws, judges are not vcfled with any difcretionary 
 power to apportion the punifhmcnt according to 
 a greater or lefs criminality of intention in the of- 
 fender. It is in a penitentiary houfc, that an op- 
 portunity is afforded of diRinguifliing the fhadcs 
 of guilt in different offenders, and cf corrccling 
 that error and injuflicc, in fome degree infeparable 
 from the befl fy flcm of laws, by which perfons, 
 whofe guilt admits of different degrees, are fub- 
 jefted to the fame punifhment.* It is for thofe 
 to whom the fuperintendence of fuch an inflitution 
 is intruflcd, to cfTcft, as far as pofPible, the amend- 
 jnent of the delinquent, and thus to fulfil the high- 
 eft duty of humanity. And, it is with no fmall 
 pleafure that the Infpeclors have obfcrved, that 
 a number of thofe who have been difchargcd from 
 the prifon confided to their care, have continued 
 in habits of induflry and fobriety, and bid fair to 
 become good members of fociety. It would, no 
 doubt, be interefling to the philanthropift, to be 
 informed of the particular incidents in the lives of 
 fuch men, and the circumflances which have fur- 
 iiifhed ground to predift the reftitude of their fu- 
 ture conduft. But this would, in fome degree, 
 lead the writer beyond his immediate objetl; and 
 motives of prudence and chanty ought, perhaps, 
 to induce him, for the prefent, to forbear fuch a 
 recital. 
 
 * This topic may be enlarged upon In the conclufion, when we come to 
 fpeik of pardtin. It would greatly aflift tht Infpedlors in the juft «rxereife 
 of thi;ir power, if the judges who fcntencc convidts were required to fur- 
 uifli a ftatcmeiit of all the circumftances that attended the trial, or which 
 may have come to tlicir knowledge, and which may ferve to render the 
 guilt of the convi(51, iii their ojiinion, more or It-fs aggravated. 
 
( 53 ) 
 
 The mofl euicaclous means of reformation are to 
 be found in that fyflem of regular labour and exa6l 
 temperance by which habits of induftry and fo- 
 briety are formed. The Infpeftois have not been 
 unmindful of other means of amendment, lefs im- 
 mediately conne6led with the nature of the punifh- 
 ment to which the convifts are fentenced. By 
 the great attention paid to dcanlinefs in every part 
 of the prifon, they have fhewn their opinion of its 
 importance in aiding reformation. Its benign in- 
 fluence on the phyfical charafter, though well un- 
 derflood by many, is not duly eflimated by the 
 bulk of mankind. Though its efFeft on bodily 
 health be more obvious, its lefs ftriking but equal- 
 ly certain efFeO; on the mind has been no where 
 more fully experienced than in this prifon. It is 
 found to foften the temper, meliorate the difpo- 
 iition, and to produce a regard to temperance, or- 
 der, and induftry ; and, by exciting more agreea- 
 b]f and tranquil fenfations, to render men fufcep- 
 tible of good impreflions, and thereby conduce to 
 their future amendment.* 
 
 In the winter, thofe of the convifls who have 
 appeared to be moft meritorious, are allowed, with 
 the approbation of the keeper, to be taught reading, 
 writing, and arithmetic. Teachers are felefted from 
 fuch of them as are competent, and twenty are per- 
 mitted to meet together daily with one of the keepers, 
 
 • Count RUMf ORD, (Vol I. page 34.) in his Effays. fpeaking of the 
 good efFe(fts produced on the mendicants in the Houfs of Induftry at Mu' 
 Kkb, by cleanlinefs, fays that " -virtue never dwelt long with filth and naf- 
 jinefs ; nor do I believe there ever was a perfon firufuloiify atterJht to 
 " dcanlir.^fi, who was a ccnfucimate villain." 
 
( 54 3 
 
 and to receive inftruclion for about two hours in 
 the evening. This is confidered as a privilege, 
 and conferred on thofe only, who, by a peaceable, 
 induftrious, and regular courfe of conduft, have 
 fbewn a difpofition towards reformation. It is a 
 further requihte for an admiflion into this fchool, 
 that the perfon fhould have performed labour 
 above his tafk to the value of four Ihillings a week, 
 which is to pay for the implements of writing, 
 light, and fuel. 
 
 Care is taken as far as pofTible to fcparate the 
 lefs vicious from the more hardened and daring 
 oflFenders. About twenty-two of the moft obdu- 
 rate criminals are kept confined and at work in fe- 
 parate apartments, and are not fufFcred to come 
 out, or to have communication with other pri- 
 foners, but are conftantly watched by keepers 
 day and night. Experience will evince, that 
 among any given number of convifls, one tenth 
 part may be fairly confidered as dcfperate and 
 hardened villains, who appear incorrigible; and 
 it is of importance that fuch fhould be carefully 
 feleded and feparated from the reft, as it is 
 more probable they may, by proper management, 
 be reformed. 
 
 As another means of reformation, attention is 
 paid to their religious and moral inftruftion. 
 
 A large room in the prifon, very neatly finifiied, 
 is fet apart for the purpofe of divine worfhip. 
 This room and the gallery round it will accom- 
 niodate about fix hundred perfons. 
 
( 55 ) 
 
 In this place the prifoncrs are aflembled on the 
 firft day of each week, when one of their number 
 reads a fermon and prayers, and the reft join in 
 ■ finging pfalms. 
 
 It is expected that the public preachers of the 
 gofpel in the city will cheerfully devote a fmall 
 portion of their time to the fervice of thefe un- 
 happy beings, who have fo much need of their 
 inftru6t!on, and of the counfel of the truly good 
 and benevolent. 
 
 As no diftin£lion of fe6t exifls in this great 
 work of charity and benevolence, it is hoped that 
 religious chara6lers of every Chriftian denomina- 
 tion will feel it their duty to vifit them on the 
 day fet apart for divine worfhip ; fmce it is ob- 
 vious that a due attention to this important duty 
 muft produce the moft falutary eflFefts on the 
 minds and condu6l of the prifoners, and moft 
 powerfully promote the great plan of reforma- 
 tion.* 
 
 Connefled with this fcheme of puniftiment and 
 reformation, is another obje6l, which, though of 
 inferior importance in a moral view, is yet de- 
 I'erving of attention. This is, indemnity to the 
 community for the expenfe of the conviftion and 
 maintenance of the offender. It is highly proba- 
 ble, that, with due management and economy, 
 the profit of the labour of the convifts may be 
 rendered equal to their fupport. Such a refult, 
 
 * " As rational and inaniortal beings we owe this to them, nor can anjr 
 " criauimUty of theics jaftify cur neglecl in this particuJar." Howard, 
 
C 56 ) 
 
 however, has not been anticipated by the zealous 
 friends of reform in penal law in Europe. They 
 have regarded it as the indifpenfable duty of legil- 
 lators, to meliorate the laws, and correal the abuft>s 
 of prifons, without counting the coft of their juf- 
 tice or humanity. In Pennsylvania, we are 
 affured, that the experiment has been attended 
 with fuccefs; — and when the improved fyftem of 
 the penitentiary houfe of this State has had time 
 to operate fully, there can be no doubt of a refuk 
 equally favourable. It ought to have fair fcope, 
 and not be thwarted in its infancy, by diflruft, or 
 the felfilh views of individuals or particular claffes 
 of men. A wife legiflature will extend its con- 
 cern to the whole community, and, regardlefs of 
 private interefts, fleadily purfue a plan the beft 
 calculated to promote the general good. 
 
 In the firfl eflabliflament of the prifon, the In- 
 fpeftors have had to encounter all the difficulties 
 of a new experiment, with the difadvantage of 
 imperfeft knowledge in many branches of manu- 
 f^fture. A fyftem was to be formed, by which 
 above two hundred convifls, many of them 
 hardened, defperate, and refraftory, and many 
 ignorant, or incapacitated through infirmity or 
 difeafe, might be brought into a regular courfe 
 of productive labour. To find fuitable employ- 
 ment for fo many perfons, was a matter of confi- 
 derable difficulty. In the choice of occupations, 
 regard mull be had to thofc which require the 
 leaft capital, are niofl. productive of profit, and 
 moft confiftent with the health of the conVi£ls 
 and the general fecurity of the prifon. Among 
 
( 57 ) 
 
 the different kinds of manufactures, that of fhoes 
 was firft introduced, and has been found the moft 
 convenient and profitable. The capital required 
 for the purchafe of the raw materials is not large, 
 and the manufaftured article will always meet 
 with a ready fale ; fince the confumption of fo in- 
 difpenfable a part of drefs is great, and continually 
 increafing, beyond the power of the tradefmen of 
 the city to fupply.* The manufa6lure of nails 
 and other articles has been carried on for about 
 two years. This required more capital ; and it 
 was not until very lately that fufEcient experience 
 was gained, in the purchafe of ftock and the ufe of 
 machinery, to enable the Infpeftors to manage this 
 branch of bufinefs with advantage. Thefe circum- 
 ftances, and many others that might be detailed, 
 which neceffarily attend an infant eflablilhment, 
 and which diminifhed the profits of the pad years, 
 will, in future, ceafe to produce expenfe and em- 
 barraffment. It is doubtful, whether the manu- 
 faflure of nails, and of feveral other articles, oughc 
 to be carried on to a great extent, as they require 
 too large a capital in advance. Experience will 
 furnifh, every year, grounds for improvement ia 
 the mode of conducing the branches of induftry, 
 or in the introduflion of more advantageous kinds 
 of labour ; and there is every reafon to believe, 
 that, with a competent capital, the bufinefs may 
 be rendered fo productive as to defray the ex- 
 penfes of conviction and maintenance of the pri- 
 Ibners. Calculations, however, founded on the 
 
 * I-argc quintitiej of (hoes have heretofore been brought from New. 
 Jeriiy and the eaftem Statet, and fold in New- York. 
 
 H 
 
( 68 ) 
 
 ftatements of the paft year, will not furnifh ade- 
 quate means of judging with certainty of the future 
 profits which may be made to arife from the la- 
 bour of the convifts. The accounts and eftimates 
 fubjoined, will enable the intelligent reader to 
 form his own opinion of the progrefs of the efta- 
 bliftiment thus far, and to frame a more fatisfaftory 
 conjefture as to its ultimate fuccefs. 
 
 That the number of convifts has increafed fince 
 the ereftion of the State Prifon, is evident from 
 the tables in the appendix. But to infer from that 
 faft, that the new and milder fcheme of punilh- 
 ment has been lefs efficacious in preventing crimes 
 than the old and fanguinary fyftem, would be a 
 moft partial and erroneous conclufion. The true 
 caiifes of this increafe of crimes are the rapid 
 growth of our population and wealth ; the con- 
 fequent luxury and corruption of manners, par- 
 ticularly in the capital of the State ; and the great 
 number of indigent and vicious emigrants from 
 Europe and the Wefl-Indies, driven hither by the 
 difordered and diflrefsful condition of their native 
 countries, or to efcape the vengeance of the laws.* 
 
 More than three fourths of the whole number 
 of crimes are committed in the city of New- York. 
 Its population has almoll doubled in ten years, 
 and the increafe of its trade and wealth is un- 
 equalled in the hiftory of commercial ftates. It 
 is certain alfo, that under theprefent fyftem of pu- 
 nifhment, a much lefs number of offenders efcape 
 
 * Sec Appcndijc, pajc 85. 
 
( 59 ) 
 
 conviftion. Individuals do not, from a fenfe of 
 the terrible confequences to the party, refufe to 
 profecute; nor juries, from motives of compalEon, 
 forbear to convift the guilty. This is a mofl falu- 
 tary confequence of the melioration of our penal 
 laws. 
 
 The corruption of morals engenders thofe crimes 
 which pollute fociety, and undermine the fecurity 
 of life and property. It is the duty of government 
 to begin at the fource, and to endeavour, by every 
 rational and prafticable expedient, to prevent 
 crimes, rather than to apply the painful and un- 
 certain remedy of punifhment to evils grown 
 formidable by negligence. It is in vain, un- 
 der the beft devifed plan of puniftiment, to ex- 
 peft that crimes fhould be diminilhed or extenni- 
 nated, if laws are not framed to check the progrefs 
 of vice, and to arreft the firft fteps of guilt. 
 
 It is well known, that the greater number of 
 crimes originate in the irregular and vicious ha- 
 bits produced by intoxication, and by the idle, 
 low, and diflipated praftices encouraged in taverns 
 and tippling-houfes. There are few criminals 
 whofe gradual depravation cannot be traced to 
 this fource. It is well afcertained, that in this 
 city there are more than 1200 taverns or fhops, 
 where fpirituous liquors are retailed in drams or 
 in the form of grog. In eight or ten confideiable 
 ftreets, one fourth part of the whole number of 
 houfes are taverns and groceries, or, in other 
 words, dram-JJiops. The number of taverns is un- 
 limited by law. By the city-charter, the power of 
 
( 6o ) 
 
 granting licenfes is vefted in the mayor, vrho is the 
 folc judge of the propriety of granting them, or 
 of their number. Thirty fliillings are paid for each 
 liccnfe, four fifths of which fum goes into the city- 
 treafury, and the refidue to the mayor. While 
 a revenue is derived to the corporation from thefe 
 licenfes, it is not to be expefted that there will be 
 much folicitude to leffen their number, or to exa- 
 mine minutely into the merits of the applicants 
 for them. Some regulations ought to be adopted 
 for the reformation of the police in this refpcft. 
 Grocers ought to be flriftly prohibited from re- 
 tailing liquors in drams. The number of taverns 
 ought to be greatly diminifhed. Licenfes fhould 
 not be granted but to perfons who are recom- 
 mended by five known and refpeftable citizens, 
 and under much larger penalties than at prefent, 
 to enforce their obfervance of the laws.* At pre- 
 fent, the temptation to the indigent and labouring 
 claffes of people to indulge in drink is fo power- 
 ful, and the gratification fo eafy, at every turn of 
 the ftreet, that the greater number fpend a large 
 portion of their time and earnings in repeated in- 
 dulgences of this depraved appetite, during the 
 day, and return to their families in a ftatc of par- 
 tial or complete intoxication. The pernicious 
 confequences of I'uch habits, to the individual and 
 to fociety, are too flriking to need any elaborate 
 defcription, to enforce the propriety of adopting 
 every fuitable means of legiflative and municipal 
 regulation, for their prevention. 
 
 * In the town of Boston tliere are Jxfiy taverns or perfons licenfed to 
 vctail licjuors in fmall ijuaiitities. 'I'hrcc or four times that numljer, oiit; 
 wouU iiuagine, v/ould bs more tUaa fufltcitiit for tkU city. 
 
( 61 ) 
 
 A further fource of vice and criminality is to 
 be found in the horfe-races which regularly take 
 place in New- York and fome of the neighbouring 
 counties. Thefe draw together crowds of people, 
 who engage in wagering, all kinds of games of 
 chance, and in debauchery, which produce habits 
 that lead to the ruin of many, and drive numbers 
 to the commiffion of crimes. Horfe-races, billiard- 
 tables, and all games of chance, ought to be ftrift- 
 ly prohibited. Baiting of animals with dogs, and 
 every fpecies of amufement which may tend to 
 harden the heart, and render the manners of the 
 people ferocious, ought to be prevented by a well 
 regulated police. Laws are made for the prelerva- 
 tion of decency and order on the firft day of the 
 week; and it remains only to have them more faith- 
 fully executed. Perhaps there is no city of equal 
 extent, where fewer crimes efcape deteflion and pu- 
 nifhment, or where greater order and tranquillity 
 prevail. Too much praife cannot be beftowed on 
 thofc to whom the peace and fafety of our city is 
 entruftcd, for their unwearied attention and vigi- 
 lance in the difcharge of duties, the extent and 
 importance of which are not generally underfiood 
 or fully eflimated. But, notwithllandmg the im- 
 proved ftate of our police, and the care of our 
 magiflrates, every year furnifhes new objects of 
 attention, evils which demand additional remedies, 
 and more powerful reafons for devifmg and apply- 
 ing them in the beft and moll effeftual manner. 
 
 Another objecl, more immediately connefted 
 with the fubjetl of this work, is the prelent mode 
 of punifhmcnt for petty crimes. The only pri- 
 
( 6^ ) 
 
 fon in this city for the puniftiment of thofe con- 
 vi6led of fmall thefts and other petty offences, is 
 the Bridewell, part of which is alfo appropriated 
 to the fafe keeping of prifoners before their trial or 
 convi6lion. At prefent, vagrants, diforderly pcr- 
 fons, and convifts for petty offences, are confined 
 in this prifon ; and are put into rooms together, 
 without any difcrimination, or regard to difference 
 pf chara6ler. No proper or adequate means are ufed 
 to prevent profanity, intoxication, fihh, or idlenefs. 
 In this condition, corrupting and corrupted, their 
 imprifonment, fo far from tending to produce the 
 amendment of the culprits, or to fecure fociety 
 againfl the efPefts of their future mifconduft, ferves, 
 by the contagion of example and the exafperation 
 of bad pafHons, to render them an hundred-fold 
 more vicious and untradlable. It is, in truth, a 
 nurfery of criminals for the State Prifon. As a 
 remedy for this defe6l in the penal fyftem, it is 
 fuggeiled, that a building fhould be crefted by 
 the corporation, large enough to contain fixty cells, 
 of the fame dimenfions as thofe in the State Pri- 
 fon; — that the police magijirates ftiould have power 
 to try, in a fummary way, and to fentence to foli- 
 tary confinement in thefe cells, vagrants, drunkards, 
 riotous and diforderly perfons, &c. for a time not 
 exceeding thirty days ; — that the quarter fcflions 
 of the city fhould fentence perfons convifted of 
 affaults and batteries, petit larcenies, and fuch of- 
 fences as are not aggravated or atrocious, for a 
 time not exceeding fixty or ninety days. The 
 convifls fhould be kept in thefe cells in perfefl 
 folitude, and on fpare diet, in the manner prac- 
 tifed in the State Prifon. Such a punifhment, for 
 
( «3 ) 
 
 fixty days, would be more fevere and terrible, and 
 tend more to the prevention of crimes, than con- 
 finement, for one or two years, to hard labour in the 
 State Prifon. It would alfo tend more to the re- 
 formation of the ofiFender himfelf. Detached from 
 vicious companions, from temptation, and from 
 all means of gratifying his depraved appetites, 
 confcience would have time to awaken a fenfe 
 of guilt and remorfe for his paft folly and mif- 
 condu£l. 
 
 Should a plan of fuch obvious utility be adopt- 
 ed and carried into execution, it would not then 
 be necefTary to fend convifts to the State Prifon for 
 a fhorter period than three years. For every per- 
 fon once confined in the folitary cells, who fhould, 
 after his releafe, commit a fecond ofFence, would 
 deferve to be fentenced to hard labour for, at leafl;, 
 three years. Indeed it might, with propriety, be 
 left to the difcretion of the court, in certain cafes 
 of fecond offences, to inflift the fame punilhment 
 as in cafes of grand larceny; fince it can hardly 
 be fuppofed, that any material or lafling efFeft can 
 be produced on a criminal, by the labour and 
 difcipline of a penitentiary houfe, in a Ihorter 
 time than four or five years. — And if he is incor- 
 rigible by means of folitude, temperance, and 
 cleanlinefs, he will not merit if he is guilty of 
 a fecond ofiFence, a punilhment lefs fevere than 
 imprifonment for that length of time. 
 
 It is not requifite, here, to enter into the details 
 of this plan of a county prifon ; which, if found, 
 -on experiment, to fucceed in the city of New- 
 
C 64 ) 
 
 York, may be extended to Albany and one or 
 two other counties, where the increafe of popula- 
 tion and the frequency of petty offences may ren- 
 der it neceflary. 
 
 Before concluding this account, it may be proper 
 to make a few remarks, the refult of fome obferva- 
 tion and experience, on a fubje6l which may have 
 an effential influence on the prefent fcheme of 
 punifhments. 
 
 It has been obferved by Beccari a, whofe opi- 
 nions have the force of axioms in the fcience of 
 penal law, that " as punifhments become more 
 *' mild, clemency and pardon become lefs ne- 
 " cefTary — that " clemency belongs to the legifla- 
 " tor, and not to the executor of the laws ; a virtue 
 " which ought to fliine in the code, not in private 
 " judgments. To fhow mankind that crimes may 
 " be pardoned, or that punifhment is not the ne- 
 " celfary confequcnce, is to nourifh the flattering 
 " hope of impunity." — " Let then the executor 
 " of the law be inexorable, but let the legiflator 
 " be tender, indulgent, and humane."* 
 
 Thefe principles, though jufl in theory, neccf- 
 farily prefuppofe a perfeft fyftem of penal law, by 
 which each punifliment is with fuch exaft juilice 
 apportioned to each crime, that no diflx;rcnce of 
 circumftances can arife in any cafe, which ought 
 to vary the punifhment prefcribed for the particular 
 offence. No code fo perfe6l has yet been framed, 
 
 • Del Dclitt! cdelle Pene, §' 20.— A mifura che le pene divengono ; a 
 tlulci, la ckmcrza cd il pcrdono di-tcntano'meno ncccfliri : 1^0. 
 
( 65 ) 
 
 and until fuch an one is promulgated, it is necef- 
 fary that the power of pardoning fhould refide 
 fomewhere, to prevent that injuftice in particular 
 cafes which the legiflator did not forefee, or could 
 not avoid. By our conftitution this power is con- 
 fided to the governor, the chief executive magif- 
 trate.* 
 
 And under the prefent penal laws, except in 
 thofe cafes where the punifhment of death ftill re- 
 mains, the power of pardoning may be exercifed 
 without violating the principle advanced by the 
 philofopher of Milan. It may be aflerted, that, 
 in the deliberate and impartial manner in which 
 juftice is adminiftered in our courts, it is fcarcely 
 poffible that any man can be prefented by a grand 
 jury, tried and convifted by a petit jury of twelve 
 men, in the prefence of the court and the world, 
 without a degree of guilt deferving of fome punifh- 
 ment. Imprifonment for a ftiort period, under the 
 mild and humane regulations of the State Prifon, 
 cannot, in cafes the moft favourable to the pri- 
 foner, be deemed unjuft. It may be laid down, 
 then, as a general principle, that no perfon, con- 
 vifted of a crime and fentenced to imprifonment, 
 ought to be pardoned, until he has fuflFered a pu- 
 nifhment proportioned to the degree of his guilt, 
 or at leaft fo much as may fatisfy the community he 
 has injured. Under the guidance of this principle, 
 it is believed, that the power of pardoning may be 
 made conducive to a more perfeft difpenfation of 
 
 • In cafes of treafon and murder, the governor cannot pardon, but may 
 reprieve the convid until the next meeting of the legifiature, who may 
 nardon if they think fit. 
 
 I 
 
C 66 ) 
 
 juftice, and fubfervient to the plan of reformation 
 intended by a penitentiary prifon. It will not be 
 thought ufelefs to endeavour to fix fome general 
 rules for the exercife of a power, which, if arbi- 
 trary and capricious, may produce confequences 
 neither forefeen nor intended ; but if exerted with 
 found difcretion, fo far from weakening the laws, 
 will llrengthen their operation. 
 
 1. Where the punifhraent is fixed by law to 
 a crime of a general legal defcription, compre- 
 hending a great variety of different afts, which 
 mull, from the courfe of human conduft, be ac- 
 companied with evidence of greater or lefs depra- 
 vity ; there this attribute of the chief executive ma- 
 gi (Irate feems necelTary, to remedy the imperfeftion 
 of the general law, and to render the punifhment 
 more equitably proportioned to the guilt of the of- 
 fender; fince, from the inevitable want of forefight 
 in the legiflature, of the circumftances of each cafe, 
 it could not be fo predetermined by them. Thus 
 forgery and counterfeiting, as well as palling mo- 
 ney, knowing the fame to be forged or counterfeit, 
 punifhed by imprifonment for life, is a crime, tlie 
 objefls of which are endlefsly diverfified, compre- 
 hending a6ls of different degrees of turpitude.* 
 
 * It may be fairly qucftioned, whether this and fomc other crimes arc- 
 not improperly punilhed by imprifonment for life. If the fcntencc did not 
 exceed a certain number of years, it would be in the power of the court to 
 apply the punifhment in a manner more juftly proportioned to the ofTencc : 
 there would then be rarely, if ever, any occafion for the executive to 
 remit the fentence. Mod of the governments of Europe, excepting En- 
 glaml, have, in circumftances of fociety and manners far lefs favourable 
 than thofe of this country, gone further in the melioration of their penal 
 laws ; and the punifhment of death is gradually difappeariog from their 
 codes. 
 
( 67 ) 
 
 2. Where the law has only defined a limit in 
 the time of imprifonment, leaving it to the dif- 
 cretion of the judge to fix the duration of punifti- 
 ment within that limit, according to the circum- 
 ftances of each cafe; there it may be generally faid, 
 that the executive ought not to interpofe ; unlefs 
 when the difcretion of the court has been ma- 
 nifeftly exercifed under fome mifapprehenfion, or 
 where circumftances, favourable to the convi6t, 
 c*>me to light after trial, of which he could not 
 avail himfelf at the time, but had they been 
 known, ought to have prevented or lelfened his 
 punifhment. 
 
 3. Unequivocal evidence of reformation in a con- 
 vift, after his imprifonment ; to afcertain which, 
 as well as the propriety and fafety of difcharging a 
 convift before the expiration of his term of punifh- 
 ment, the judgment of the Infpeftors of the pri- 
 fon, from their fituation, may be of effcntial im- 
 portance. Indeed, this precaution has been taken 
 by the late, and prefent governor of the State, who 
 have applied for the requifite information to the 
 Infpeftors, the majority of whom have joined in a 
 recommendation for pardon, where they thought it 
 clearly merited by the convi6t. Previous to fuch 
 recommendation, however, the Infpeflors think it 
 their duty to enquire, — whether the prifoner was 
 convifted by clear and undoubted tcflimony ; 
 which may be afeertained by the report of the 
 judge before whom he was tried ; — whether the 
 circumftances attending the commiffion of the 
 crime denote a greater or lefs degree of depravi- 
 ty ; — whether the prifonei has already fuffered a 
 
( 68 } 
 
 punifhment fufficient to fatisfy fociety, and to af- 
 ford a reafonable ground to believe that his releafe 
 will not diminifh the dread of future punifhment 
 in him, or infpire the hope of impunity in others ; 
 — whether, while in prifon, he has conduced him- 
 felf with uniform decency, induftry, and fobriety, 
 and has never attefnpted to violate any of its 
 regulations; — and, laftly, whether from what is 
 known of his temper, charafter, and deportment, 
 it is probable, that if reftored to fociety, he will 
 become a peaceable, honeft, and induflrious citizen. 
 Thefe inquiries ought to be fatisfadlorily anfwered 
 in favour of the convift, before he is recommended 
 for pardon ; for it is not a common or ordinary 
 courfe of good condu6l and induftry, but a pre- 
 eminent and unexceptionable behaviour, that 
 ftiould entitle a prifoner to this grace. A convift 
 radically and incurably depraved, in hope of gain- 
 ing favour, may, for a feafon, fo far difguife his ge- 
 nuine charafler, as to deceive his keepers and in- 
 fpeftors. Sufficient time fhould be allowed to dif- 
 cover his real difpofition, which, on fome occa- 
 lion, at an unguarded moment, will fhew itfelf. 
 In fhort, pardon ought never to be granted from 
 the momentary impulfe of compaffion, the indul- 
 gence of which may be gratifying to the individual, 
 but, as regulated by no fixed principle, muft be in- 
 jurious to the public ; nor ought it to be granted, 
 merely at the inftance of friends or relations, or from 
 confiderations of family, but from the clear and un- 
 bialfed diflates of juftice and humanity, and in fuch 
 a manner that the community may be fatisfied that 
 the influence of the law is not impaired, nor its 
 fcvcrity relaxed, without fufficient reafon. 
 
( % ) 
 
 No man who enters the prifon with vicious ha- 
 bits, can be reafonably expefted to be divefted of 
 them in lefs than four or five years ; and it would 
 greatly injure the penitentiary fyftem, to pardon 
 any prifoner before the expiration of that time, 
 unlefs in extraordinary cafes, which may poflSbly, 
 but very rarely, happen. When fentenced to im- 
 prifonment for life, no perfon ought to be releafed 
 until after feven years confinement. If, under the 
 circumftances which have been mentioned, and on 
 principles here ftated, pardons are fometimes grant- 
 ed, inftead of countera6ling the force of the law, 
 they may be made to harmonize with and fupport 
 the general fcheme of punifhments fo wifely adopt- 
 ed. Its fuccefs muft, in a great meafure, depend 
 on the wifdom of the regulations devifed for the 
 internal management of the prifon, and on the 
 prudence, difinterefled attention, and perfeverance 
 of thofe to whom that management is entrufted. 
 
 To exhibit a fimple and faithful account of thofe 
 regulations, and to furnifti fuch ufeful hints as the 
 writer, from his own experience and the fuggef- 
 tions of others, could impart, is the purpofe of the 
 preceding pages. He is fenfible that the plan of 
 interior regulation is far from being perfcft ; but 
 every year will add to its improvement. For, be- 
 fides relieving the counties from the great burden 
 of keeping convi6ls, and diminifhing the chances 
 of efcape, by bringing them all into one prifon, 
 under a more vigilant infpeflion, the eftablifhment 
 of a State Prifon prefents the befl: opportunity, by 
 the magnitude and liberality of its plan, for the 
 formation of a well-digefted fcheme of internal 
 
C 70 ) 
 
 management and economy, and the full executioR 
 of the only juft and beneficent fyflem yet devifed 
 for the punifhment and correftion of criminals. 
 The New- York State Prifon will furnifh a model 
 for others, which the increafe of population and 
 growth of luxury may render neceflary in the dif- 
 tant parts of this extenfive country.* And, what- 
 ever may be the future condition of mankind, this 
 inftitution will refleft lafting honour on the State ; 
 become a durable monument of the wifdom, juf- 
 tice, and humanity of its legiflators, more glorious 
 than the mod fplendid achievements of conquerors, 
 or kings ; and be remembered when the magnifi- 
 cent ftruQures of folly and pride, with their 
 founders, are alike exterminated and forjjotten. 
 
 * Similar prifont are alreaJy cftabliflied in New-Jerfey and Virginia, and 
 sthers are propofcd to be crcdcd in Maflachufetts aod Soivth^aroUna. 
 
APPENDIX. 
 

 
 
 
 
 •uo;3uipje,vV 
 
 
 
 1 
 
 ■« quin(03 
 
 u 
 
 
 G 
 
 
 3 
 
 O 
 
 
 o 
 
 
 
 
 •KIJODC; tAOf.T 
 
 •pUEpODg 
 
 •pUE|3J( 
 
 ■piIRI^^Ua 
 
 ■pin:^.\jpjY 
 
 •EmPA?.4|UU3(J 
 
 •puEUi-ppoifH 
 
 ( 73 ) 
 
 
 
 
 
 
 
 J-. C« — , o* 1 c< 
 
 
 -1 - 1 ^ 
 
 f =<: J s 2 i 
 
 " = ^ =P ~ T i: 
 
 c>2 i 5 s ji-J ;5 
 
 So tii-^. c -p c .s 
 
 K 
 
 •= - i -J 
 
 t-2;«o 
 
 j 6 6 c >^ 
 
 u ^ 
 
 ^ i-" ? t) ^ 
 
 o £ 5 s 
 
 * H f O P< 
 
 00 « so « 
 
 C» H M 
 
 ^ ^ 
 
 rt O C 
 
 •3 
 .g 
 
 c 
 
 is 
 
 B 
 
 Pi 
 
 to 
 
 - k 
 
( 74 ) 
 
 
 
 
 - 
 
 
 
 •X.i)iiio:lltii)j^ 
 
 M « « M 
 
 t 
 
 
 
 
 
 
 
 
 
 
 
 
 c 
 
 
 - 
 
 
 Cod 
 
 ,° 13 "O 
 
 
 
 
 — 
 
 00 <3 
 
 
 
 
 IT 
 
 '? 
 C 
 
 o 
 
 •lIOlSuillJH ,v\ 
 
 HI W CO 
 
 
 ^ i 
 
 
 
 
 
 1-1 1-t W1 I 
 
 Countit 
 
 •Xii-^qiV 
 
 « vr « « 
 
 
 1 
 
 
 MM t< 
 
 
 
 •spif.>jnn 
 
 " " " 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 
 
 
 
 
 Monti 
 
 do. 
 do. 
 
 
 
 
 
 d 
 
 S3 
 
 Euo>s' i:aoisj 
 
 
 
 
 12 
 
 
 
 
 
 reigne 
 
 ■XuEUUOf) 
 
 
 ■* 
 
 CO w> 
 
 
 <S IH 
 
 
 o 
 
 
 ■pi-lionS 
 
 H« 
 
 CO 
 
 
 
 
 " " 2 M " 
 
 t 
 
 
 
 •plIl;[ijl!^7 
 
 
 
 
 
 ■ciUjopf) 
 
 
 
 
 
 r-miojEf) 4JJot\j 
 
 w 
 
 
 
 
 
 
 
 tn 
 
 oo 
 
 
 
 
 
 c 
 
 •EUlEA|AJlIli;)^J 
 
 
 
 O O o 
 
 u 
 
 'C 
 
 ■X-'|J3j[-A\ >t>I 
 
 
 
 c 
 
 ■>1.(()A-M.-'M 
 
 
 
 o 
 
 
 
 
 
 
 
 
 ,VM14.il:l|EI/V 
 
 
 :^ 
 
 
 
 •sjiqjduiEH 'N 
 
 
 1-1 
 
 
 
 
 ■ii.TaiOyy\^ 
 
 
 o" 
 
 
 
 
 ■a.'Vi 
 
 
 So" 
 
 
 
 
 
 
 ■o 
 
 
 
 
 
 w 
 
 
 3 
 
 rt o d 
 
 
 
 
 
 1°^ • • •£? 
 
 
 ^t: O t-v ^/^ 
 
 - 
 
 ii O 
 
 
 
 CRIMES. 
 
 2 for Arfon, . . 
 
 = .t! Si St 
 
 rt rt a 
 C _, 1-1 
 
 L, 7* >- 2 *J 
 
 c«3 r< H 
 
 — 1 
 
 rt 
 o 
 
 Ui 
 
 •* 
 
 § 
 
 I 
 
 o 
 
 3 
 
 I 
 
( 75 ) 
 
 
 •t>3rtT T 
 
 
 
 c 
 
 'jC lai no rtlllOTAT 
 
 •c 
 
 
 1/ 
 
 ( , 111 RIIIITf P 
 
 > 
 
 ' Iliriljlll 
 
 0 
 
 i_ 
 
 jV LI t UI y 
 
 c 
 
 
 
 
 
 
 
 
 
 JO J^-M3f^ 
 
 — 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 oo 
 
 
 *t>llfV* I 4 ■ttlll T 
 
 n 
 rt 
 
 'X J ^ A\ 3 
 
 
 
 AllK 
 
 
 
 
 
 
 •'>JIlIttlllll'lJ "KT 
 
 
 
 
 
 
 •usuio^^ 
 
 1 
 
 
 
 CRIMES. 
 
 -\1 
 
 c jl ii c 
 < to ^ o 'i:; = c 2 .t; 
 
( 76 ) 
 
 
 
 
 
 
 
 
 M 
 
 
 
 
 
 
 
 
 
 
 •OIJ1T1UQ 
 
 
 
 
 
 
 
 c 
 
 
 
 
 M ■ 
 
 
 
 
 u 
 
 « 
 
 
 
 
 CO 
 
 _ 
 
 
 T 
 
 '? 
 c 
 
 
 
 
 » 
 
 
 
 C* 
 
 o 
 u 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 uno 
 
 
 
 
 
 
 
 
 (J 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 O 
 
 
 •EDIJJV 
 
 
 
 
 
 N 1-1 
 
 
 
 •S3ipU|-1PA\ 
 
 
 
 
 
 
 O, 
 
 
 ■BIJODg-BAOf^ 
 
 
 
 
 
 
 
 
 
 
 
 ■uredg 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 c 
 
 
 
 
 
 
 
 ; ^ 
 
 "u 
 
 
 
 
 
 
 
 
 o 
 
 •Aur.iu.iao 
 
 
 
 
 
 
 f 
 
 
 •fniKjiont; 
 
 
 
 
 
 
 1 c< 
 
 
 
 
 
 
 
 
 1 oo 
 
 
 
 
 
 
 
 CO 
 
 
 
 ■JlIOlU,I3_^ 
 
 
 
 
 
 
 1 
 
 ■o 
 
 
 
 
 d 
 
 
 
 1 *n 
 
 oo 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 *o 
 
 
 
 1 ^ 
 
 u 
 
 •APf 1^>£-A\3JhJ 
 
 
 
 
 
 
 
 'C 
 
 ■5(J<._V-A\.->M 
 
 
 
 
 
 
 
 3 
 
 <; 
 
 •inDip3imof> 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 1 r4 
 
 
 
 
 
 
 
 C« 
 
 1 ^ 
 
 
 Ji 
 
 
 
 
 
 
 
 1 ^ 
 
 
 
 
 
 
 
 
 JO 
 
 1 ^ 
 1 «^ 
 
 
 
 •U3lUO^ 
 
 
 
 
 
 
 1 ^ 
 
 
 
 
 
 
 
 
 
 1 <^ 
 
 
 
 
 
 
 
 
 
 1 CN 
 
 .5 « 
 
 o its t u^'Se 
 fa, a5 O Sh < M <; 
 
 O 
 
 S « 
 u bo 
 
 >H C 
 
 >« 2 
 
 ^ aj 0 
 
 Z E "ti- O o 
 
 O 01 2 w 
 5: c > « 
 
 ^ s S S 
 
 u 
 
 K «*; O 
 
 S c5 d 
 •J -a -a 
 
 a.- a ■ 
 
 ij (H H M 
 r» r« M '"5 
 
( 77 ) 
 
 L 
 
78 ) 
 
 
 
 
 
 SEpumio 
 
 
 
 
 
 
 
 
 PS 
 
 
 
 ■ ' p" 
 
 ■01JV.1 
 
 '0 
 
 ■ z pr 
 
 
 IJ. 
 
 
 ■puoiuip 
 
 
 
 ■iiolu 
 
 10 
 
 
 •o3.->iio 
 
 
 ■tpp 
 
 JO 
 
 
 ■Xjp 
 
 
 w 
 
 
 
 'H 
 
 
 
 
 
 
 •J3\ 
 
 n 
 
 
 
 
 
 ■W 
 
 
 
 iH 
 
 
 •Xurt 
 
 IV 
 
 
 
 rji) lun 
 
 "0 
 
 
 ■s|.5ipina 
 
 
 
 
 
 sunn 
 
 
 
 ■sS 
 
 
 M r< ^ 1 
 
 
 
 
 
 t 
 
 
 "a 
 
 
 •CD 
 
 JIV 
 
 
 ■-Dl|lUl 
 
 n^-.I 
 
 
 
 
 
 
 
 
 joat; V. 
 
 
 
 ■rpi! 
 
 
 
 
 I'-ii 
 
 
 
 rdfi 
 
 
 
 10 M 
 
 
 ■u.ip 
 
 1A\S 
 
 
 ■5|JCIU 
 
 
 
 ■Xurtl 
 
 
 
 
 
 
 0 
 
 •pUtTl 
 
 
 
 •pu 
 
 •PJ| 
 
 
 
 
 
 
 
 
 
 ■EUi|ojr,-) q) to^T 
 
 
 
 
 
 
 
 
 ■piiE;Xjc[^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 M 00 
 
 
 
 
 
 •ln_in?,-miio,-) 
 
 
 •0 
 
 •P 
 
 iri||-.ipiii|-a 
 
 
 
 
 
 
 
 ,„.lu,r 
 
 H 'N 
 
 
 
 
 
 
 
 
 
 
 
 
 •UJll 
 
 
 
 
 
 
 
 .o 
 
 CRIMES. 
 
 66 Forgery aiid pafling counter- 
 feit Money 
 
 1 Highway Robbery, . . . 
 
 4 Manflaughter, 
 
 I Stealing from a Church, . 
 260 Grand Larceny, .... 
 2'7 Petit Larceny 
 
 »o Aflault and Battery, . . 
 
 1 Sodomy » • • 
 
 1 5 Horfe Stealing, .... 
 
 1 Acceflary to a ConviA Felon, 
 
 2 Receiving Srolen Goods, 
 
 ■g 
 
 r-l 
 
 50000 
 
 ^ T3 . 
 00 M 
 
 Q P 
 
 ■ = s 
 
 ,0 «^ ■* ^ JJ 
 
 ,^ „ « * 1 5" 
 
 E . @ 2 § . 
 
 3 13 -XJ T3 -a -o 
 
( 79 ) 
 
 ABSTRACT of Prisoners received in the 
 State Prison. 
 
 r^797> 
 I 1798. 
 
 Received in the year ^ 17 99' 
 1800, 
 1801, 
 
 l: 
 
 121 
 144 
 121 
 150 
 157 
 
 693 
 
 r 
 
 Number died in the year 
 
 Efcaped and not retaken 
 in the year 
 
 1797. 
 1798, 
 
 1799. 
 1800, 
 1801, 
 
 1797. 
 1798, 
 
 1799' 
 1800, 
 1801, 
 
 28 
 
 Total difcharged by 
 expiration of fen- ^ 
 tence, 
 
 White men, 
 White women, 
 Black men. 
 Black women, 
 
 Total pardoned. 
 
 r White men, 
 I White women, 
 j Black men, 
 I^Black women, 
 
 Remaining in the 
 Prifon, 31ft of 
 Twelfth Month, ^ 
 (Dec.) i8oi, 
 
 1 
 
 3 
 7 
 6 
 
 8 
 
 117 
 21 
 
 55 
 17 
 
 — 210 
 
 63 
 6 
 
 14 
 
 3 
 
 — 86 
 
 White men, 250 — 349 
 White women^3 
 Black men, ^7 
 Black women, 14 
 
 — 344 
 344 
 
 Total 693 
 
 Note, Of thofe pardoned, 19 were fentenced for life, and 67 for terms 
 •)f year*. 
 
[H] ( 80 ) 
 
 Table ; fhewing I. the number of prifoners who, at the time 
 they were received into the State-Prifon, in 1 797, '98, '99, 1 800, 
 and 1801, had no particular occupation, or were of fuch trades 
 or profefllons as were not introduced into the prifon, and of courfe 
 unfit, without inftrudion, for other trades and occupations ; II. 
 the number of prifoners flcilled in the branches of induftry eftab- 
 liflied in the prifon. 
 
 I. 
 
 
 II. 
 
 
 Of no occupation, 
 
 218 
 
 
 
 Farmers, 
 
 1 14 
 
 Perfons of Trades, 
 
 &c. 
 
 Seamen, 
 
 yj 
 8 
 
 eftabliflied in 
 
 the 
 
 Traders, 
 
 prifon, viz. 
 
 
 Clerks, 
 
 1 1 
 
 
 
 Soldiers, 
 
 6 
 
 Shoemakers, 
 
 
 Schoolmafters, 
 
 ■2 
 J 
 
 Carpenters, 
 
 "^2 
 
 Chimney-fweeps, 
 
 c 
 
 Blackfmlths, 
 
 22 
 
 Millers, 
 
 2 
 
 Taylors, 
 
 
 Coach-nricikers 
 
 2 
 
 Weavers, 
 
 
 Hatters, 
 
 4 
 
 Silver and Copper- 
 
 
 S egar-makers, 
 
 4 
 
 fmiths, and Brafs- 
 
 
 Rope-makers, 
 
 J 
 
 founders and Tin- 
 
 
 Brewers, 
 
 3 
 
 men, 
 
 13 
 
 Carvers and Gilders, 
 
 I 
 
 Mafons, 
 
 12 
 
 Tanners and Curriers, 
 
 2 
 
 Cabinet makers. 
 
 2 
 
 Butchers, 
 
 •J 
 
 Stone-cutters, 
 
 I 
 
 Miners, 
 
 2 
 
 Wheel-wrights, 
 
 I 
 
 Well-diggers, 
 
 I 
 
 Breeches makers, 
 
 I 
 
 Riggers, 
 
 3 
 
 Sawyers, 
 
 3 
 
 Tobacconifts, 
 
 2 
 
 Saddle and harnefs 
 
 
 Qu^ill manufafturers. 
 
 I 
 
 makers. 
 
 3 
 
 Barbers, 
 
 10 
 
 Nailers, 
 
 3 
 
 Leather dreffers. 
 
 2 
 
 Painters, 
 
 3 
 
 Pump makeradV 
 
 2 
 
 Coopers, 
 
 5 
 
 Bakers, 
 
 5 
 
 
 
 Gardeners, 
 
 S 
 
 Number of Perfons 
 
 ; ig- 
 
 Cooks, 
 
 3 
 
 norant of the above 
 
 Tallow Chandlers, 
 
 3 
 
 Trades. (Clafs I.^ 
 
 ) I 
 
 Furriers, 
 
 I 
 
 
 
 Total 693 
 
 Total 522 
 
[I] 
 
 ( 8, 
 
 11 !i ¥ ill} I 
 
 
 
 ||4 =44-1 ■§ -§444-14-1 -s-§^-g^°4 
 
 u 
 Y. 
 
 1 
 
 Petit Larceny, 
 ditto, 
 ditto. 
 
 Receiving ftolcn goods. 
 Grand Larceny. 
 
 ditto. 
 Petit Larceny. 
 
 ditto. 
 
 ditto. 
 1 Grand Larceny. 
 Horfe ftealing. 
 Grund I,arceny. 
 Petit Larceny. 
 
 ditto. 
 
 ditto. 
 
 ditto. 
 
 ditto. 
 
 ditto. 
 
 ditto. 
 
 ditto. 
 3 Indts. ditto. 
 
 
 1 
 
 1^144^11^4444^1^4 
 
 £ S S ! 
 
 
 SSI 
 
 If 
 
 tUt44n4t44tm4m4 
 
 UAmhmMmmm 
 
 i ||44l|J|l4|4444l||J|4 
 
 " - I M M n « M ■ - 
 
 mmm 
 
 .U4t444444tt4 it4tt'^ 
 
 j||iii||j|||j|JJllJJJIi 
 
 Mi \i f 
 
 i Jil! filii 
 
 I 1 
 
 Ii! 
 
 ^iMiiiil 
 
 1 1 I 
 
 Q i4U4444 
 ^ i4'k44444 
 
 i^4444444 
 
 O 
 
 w 
 
 Q |4rI4444 
 
 O 
 Q 
 
 gf444g|4 O 
 ll44iil 
 
 5 s^l^-^ill 
 
m ( 83 ) 
 
 Recapitu LATiOM of the Tables of Convicls 
 and Crimes for five Years, ending Dec. 31, 1801, 
 with Remarks. 
 
 Of the crimes enumerated in Table [F], com- 
 mitted during five years, the number of thofe 
 accompanied with violence to the perfon and habi- 
 
 tation, are, 
 
 Rape, . I 
 
 Manflaughter, 4 
 
 Sodomy, i 
 
 Highway Robbery, .... i 
 
 Burglary, 34 
 
 Arfon, 5 
 
 Aflault and battery, .... 20 
 
 Stealing from a church, . . i 
 
 67 
 
 Of thefe, were committed in the city of N. York, 35 
 in the reft of the State, 32 
 
 67 
 
 Offences againft property, public juftice, and 
 morals, the commiffion of which is diftinguiflied 
 by addrefs, dexterity, malicious cunning and 
 fraud, unaccompanied with violence, arc. 
 
 Forgery, 66 
 
 Grand Larceny, (ftealing above 
 
 the value of 1 2-j dollars) . 260 
 Petit Larceny, (ftealing lefs value 
 
 than 12^ dollars) . . . 277 
 Horfe ftealing, ..... 
 
 Swindling, i 
 
 Receiving ftolen goods, . . 2 
 
 J'erjury, 3 
 
 Acceflary to a convi£l: felon, . i 
 
 Bigamy, i 
 
 626 
 
 0£ thefe, were committed in the city of N. York, 455 
 in the reft of the State, 167 
 
 . 626 
 
 N 
 
 693 
 
( 84 ) 
 
 Total of crimes committed in five years in 
 
 the city of New- York, 494 
 
 Total of crimes committed in five years in 
 all the other cities and counties in the 
 
 State, • . . 199 
 
 693 
 
 Though very confiderable exertions have been made 
 to obtain an account of the number of crimes and 
 convifts, for fevcral years preceding the ereftion 
 of the State-Prifon, it has not been in our power 
 to make an accurate lift j and an imperfeft one would 
 not afford a juft ground of deduction as to the influence 
 of the new fyftem. — This defeat is much to be regretted, 
 as fuch a comparifon between the two periods would, 
 population, ftate of foclety, and other things being duly 
 confidered, enable us to form a more fatisfaftory judg- 
 ment of the effefts produced by the alteration of our 
 penal code. 
 
 Of 277 petty larcenies, committed in 5 years, 236 
 were in the city of New-York ; of 260 grand larcenies, 
 179 were in the city ; and the alTaults and batteries were 
 all, but one, committed in this city and Albany. Petit 
 larceny is an offence hardly known in the country, fince 
 3 only in a year are found to be committed there, if we 
 exclude the cities of Albany and Hudfon alfo ; and of 
 grand larcenies, the annual number for all the reft of 
 the ftate is little more than a. 
 
 Of the convifts there were. 
 
 White men, 469 
 White women, 44 
 
 Black men, 145 
 Black women, 35 
 
 Of thefe there were. 
 
 Native Americans, 403 
 Foreigners, 290 
 
 693 
 
 180 
 — <593 
 
( 85 ) 
 
 192 
 
 211 
 
 403 
 
 "7 
 49 
 II 
 i8 
 
 10 
 
 7 
 
 8 
 
 49 
 3 
 18 
 
 290 
 
 693 
 
 Of 349 prlfoners who have been difcharged by expira- 
 tion of fentence and pardon, 29 only, or one-twelfth part, 
 have been convicted of fecond offences, and of thefe 16 
 were foreigners. Of 86 pardoned, 8 have been recom- 
 mitted for fecond offences, and 5 of thefe were foreigners. 
 
 To aid the comparifon between the number of crimes 
 and the ftate of population, the following ftatement is 
 taken from the Cenfus at two periods, which may be 
 deemed correct. 
 
 The State of New-York contained. 
 
 In 1790, 340,120 Inhabitants. 
 In 1800, 586,050 
 
 The City and County of New-York contained. 
 In 1790, "iZy^l^ Inhabitants. 
 
 In 1800, 60.489 
 
 The largeft ratio of increafe belongs to the laft five- 
 years of the preceding period. 
 
 From this enumera-tion it appears, that the number 
 of offences, in proportion to the number of thofe whofe 
 perfons and property are expofed to violence and depre- 
 dation. Is very confiderably greater in the city of New- 
 York than in all the reft of the State. 
 
 Of Native Americans there were, 
 
 From the State of New-York, 
 From all the other States, 
 
 Of Foreigners there were. 
 From Ireland, 
 England, 
 Scotland, 
 Germany, 
 France, 
 
 the other parts of Europe, 
 
 Canada and Nova-Scotia, 
 
 Weft-Indies, 
 
 Eaft-Indies, 
 
 Africa, 
 
( 86 ) 
 
 In the former, the number of offenders compared 
 with tlye number of people, is as i to 129. 
 
 In the latter, the proportion is as i to 2633. 
 
 So that the relative proportion of crimes between 
 the capital and the country, drawn from the comparative 
 population of each, may be ftated as 22 to i, reje£ling 
 fraflional parts of an unit. 
 
 It is likewife worthy of remark, firft, that very near 
 three fourths of the offenders in the preceding tables 
 are adventurers from foreign countries ; fecondly, that 
 though the blacks conftitute lefs than one twenty-eighth 
 part of the whole population of the State, yet they form 
 nearly one third of the whole number of convi<fls. — 
 Thefe faifts afford an inftruftive leffon on the influence, 
 firft, of European and Weft-Indian emigration, and next, 
 of negro-fl^vcry. It is hoped that it will not be thought 
 unimportant to call the attention of the reader to the 
 proportion between male and female offenders. Of t^e 
 vhole number of convifts, the women form lefs than 
 one eighth part ; but it is an additional proof of the de- 
 generacy of the blacks, that near four fifths of the wo- 
 men arc of that race. One third of the number of 
 blacks, however, are from European colonies, in the 
 Weft-Indics and Africa. 
 
 From this examination of the above tables, which 
 might be rendered ftill more minute and iriterefting, the 
 curious and inquifitivc reader will difcover how far the 
 ftatc of fociety and manners is manifefted in the enume- . 
 ration of the crimes committed ; and how far they have 
 been increafcd by em.igrants from the more corrupt and, , 
 turbulent focieties of Europe. The vaft difturence be- 
 tween the number of crimes in the City of Nc\v-York, 
 and the reft of the State, taken in relation either to 
 their abfolute or comparative population, will lead to an. 
 inquiry into the true caufes of the moft numerous . 
 claffes of crimes, and the moft probable means of their 
 prevention ; — fuch as, improvement in the managc- 
 xuent and economy of the city prifvis, in- the puoilh- 
 ment of petty offences, and in the melioration of the 
 liiws and general police of the city, in many - tbangs^ 
 
( 87 ) 
 
 which, in their prefent ftate, have an undoubted tendency 
 to deprave the morals of the people. 
 
 In any view which may be taken of the number of 
 crimes, or the fyftem of punilhment, in this State, com- 
 pared with thofe which exift in Europe, there is rcafon 
 to approve the general wifdom and humanity of our 
 laws and inftitutions, and to be induced to perfcverc in 
 our exertions to improve and maintain the excellent fyf- 
 tem we have adopted. 
 
 In the metropolis of Great-Britain, as it comprehends 
 London and a part of Middlefex and Surry,* during one 
 year, ending October 1795, there v/ere 7137 prifoners 
 difcharged from the feveral priibns. Of this number, 
 2675 were tried, convifted, and punifhed; and 4462 dif- 
 charged by proclamation of. gaol deliver)', for want of 
 .proof, by acquittal, pardon, or bail. Of the convi£ts, 
 61 were fentenced to capital punilhment, and 16 exe- 
 .cuted ; 22 died in prifon, 174 were fentenced to tranf- 
 pOEtation, 1282 fent to the different parifhes, 216 fent 
 to the army and navy, and the refidue diftributed ia 
 prifons and hofpitals. Above 2000 perfons are annually 
 brought to trial in the fuperior courts of judicature, ex- 
 clpfive of a much larger number at the general and 
 onarter feffions of the peace, in the difierent counties. 
 
 Befides all the expenfes of trial and conviction, the cofc 
 of maintaining 8000 convicts, fentenced, during 22 years, 
 to labour in the Hulks at Woolwich, Portfmouth, &c. 
 amounted to 693,000 pounds fterling, or more than 
 3,063,600 dollars ; and the expenfe of tranfportation of 
 5858 convifts and 93 children to A'fw South Joules ^ 
 during 6 years, amounted to 1,037,230 pounds fterling, 
 or morc than 4,605,300 dollars. To this m.uft be added 
 the annual average expenfe of 50,000 pounds, (222,22a 
 dollars) for the county prifons and criminal police ; 
 makincL in the whole, an amount of two millions fter- 
 ling, or more than 8,888,888 dollars, expended during 20 
 
 years-, .pr an annual average expenditure for the main- 
 
 ■ . f-- 
 
 Tbo population of this portion of the Kingdom Is not iv.ore thaa 
 ; rtlu- Stat: and City of N>;^Y-Yari;. 
 
( 88 ) 
 
 tenance and fubllftence of convifts, of 100,000 pounds 
 fterling, or more than 444,444 dollars. 
 
 Such is a very flight flcetch of the enormous mif- 
 chiefs and burden to fociety, refulting from the fevere, 
 unequal, and imperfcft fyftem of punifliments in En- 
 gland. For feveral years it has been the labour of en- 
 lightened and benevolent men, in and out of parliament, 
 to devife fome adequate remedies for the evils of that 
 fyflem, and the general police of the capital. Thefe 
 remedies are principally combined in a plan of national 
 penitentiary houfes, fimilar in moft refpedts to the one 
 adopted in the eftablifhment and economy of the New- 
 York State Prifon. Whether this plan is yet carried 
 into execution there, is not known. 
 
 Thofe who wifli to obtain further information on this 
 interefting fubjeft of liberal inquiry, are referred to " A 
 Treatife on the Police of the Metropolis" by P. Colqu- 
 houn, L. L. D. a magiftrate for Middlefex, (6th Edit. 
 Lond. 1800,) which, for its numerous fafts, details, and 
 obfervations, is one of the moft valuable books to the 
 legiflator that was ever publilhed. 
 
4 
 
 [L] ( 89 ) 
 
 An Account of the Difeafes which have oc- 
 curred in the State Prifon during the year 1801. 
 
 Difeafes. | No. cured. | Relieved, |incurabies.| Died. 
 
 
 4 
 
 
 
 
 z 
 
 
 
 Anienorrhoea, . . . 
 
 4 
 
 
 
 
 I 
 
 
 
 A Ohma 
 
 I 
 
 
 
 
 I 
 
 
 
 
 2 
 
 
 
 Cholera Morbus, . . 
 
 64 
 
 
 
 3 
 
 
 
 Colic, 
 
 12 
 
 
 
 Conftipation of the 
 
 
 
 
 
 2 
 
 
 
 Confumption of the 
 
 
 
 
 
 4 
 
 
 I 
 
 
 
 
 Convulfions, .... 
 
 2 
 $ 
 
 
 
 
 25 
 
 
 
 
 3 
 
 
 
 
 9 
 
 
 
 
 I 
 
 2 
 
 
 
 21 
 
 
 
 Film, ........ 
 
 I 
 
 
 
 Fluor albus, .... 
 
 4 
 
 
 
 
 I 
 
 
 
 Gonorrhoea, .... 
 
 3 
 
 
 
 Hsematuria, .... 
 
 2 
 
 
 
 Hemorrhoids, . . . 
 
 7 
 
 
 
 
 4 
 
 
 
 Hypochondriafis, . . 
 
 2 
 
 
 
 
 2 
 
 
 
 Intermitting fever, . 
 
 1 1 
 
 
 
 Inflammationoftheeyes 
 
 7 
 
 
 
 do. throat, 
 
 I 
 
 
 
 do. tefticle, 
 
 I 
 
 
 
 
 I 
 
 
 
 Menorrhagia, .... 
 
 2 
 
 
 
 Pleurify, 
 
 1 1 
 
 
 
 Peripneumony, . . . 
 
 1 
 
 
 
 Remitting fever, . . 
 
 6 
 
 
 
 Rheumatifm, .... 
 
 21 
 
 
 
 Schirrus of the tefticle. 
 
 2 
 
 
 
 
 I 
 
 
 
 
 1 
 
 
 
 Suppreflion of urine, 
 
 I 
 
 
 
 I 
 
( 90 ) 
 
 
 1 2 C7 
 1 ^3 1 
 
 2 
 
 1 
 
 1 A 
 
 1 "r 
 
 i>niiill-pox n^turdlj • 
 
 3 
 
 
 
 
 Strangury, 
 
 z 
 
 
 
 
 Tinea Capitis, . . . 
 
 2 
 
 
 
 
 
 2 
 
 
 
 
 Ulcer, 
 
 9 
 
 I 
 
 
 
 
 I 
 
 
 
 
 
 2 
 
 
 
 
 
 278 1 
 
 3 
 
 I 
 
 4 
 
 Cured, 278 N. B. Forty-five perfons hate been ino' 
 
 Relieved, 3 culated for the fmall-pox, and have reco' 
 
 Incurable, i vered. 
 
 Died, 4 
 
 Total 286 
 
 Remarks. — The difeafes which have been moft prevalent 
 jn the prifon during the three laft years, in which a regular regif- 
 ter has been kept by the phyfician, are, 
 
 ift. Fevers, — viz. the intermitting fever, the bilious remitting 
 fever, and what is denominated in the regifter,_/fwr, by which is 
 meant a fever of two or three days duration, and which is very 
 mild in its fymptoms, and frequently arifes from cold or a difor- 
 dered ftate of the ftomach and bowels. 
 
 2<I, Inflammatory difeafes, — viz. catarrh, pleurify, and rbeu- 
 matifm, which generally proceed from changes of weather. 
 
 And, 3d, Bowel complaints, — viz. Cholera morbus, bilious 
 colic, diarrhoea, and dyfentery. 
 
 The ufe of flannel worn next the fltin had been very early re- 
 commended by the phyfician, and in the courfe of the laft year, 
 this change of drefs has been very generally adopted, and the fa- 
 lutary effeds of it have fully juftified the expedlations that were 
 entertained of it : For it appears, upon comparing the report of 
 the lafl: year with the two preceding ones, that the number of the 
 fick has confidcrably decreafed; the difeafes have been milder in 
 ihcir fymptoms, and fewer deaths have occurred. 
 
 Another change to which the greater health of the prifoners 
 is to be afcribed, is the more liberal ufe of failed jneatJ during 
 the fummer feafon. 
 
[M] C 91 > 
 
 Account of Prifoners remaining in thc St<ite Prl- 
 fon 1 2th month (December) 31ft, 1801. 
 
 4 for Arfon, 
 
 24 Burglary, 
 
 42 Forgery and palling coonterfcit money, 
 
 I Rape, 
 
 1 Sodomy, 
 
 129 Grand Larceny, 
 
 117 Petit Larceny, 
 
 I Stealing from a churchj 
 
 3 Manflaughter, 
 
 16 Horfe-ftcaling, 
 
 3 Perjury, 
 
 i Acceflbry to a convict felon, 
 ^ Aflault and Battery, 
 
 I Bigamy. 
 
 345 
 
 77 for life. 
 
 «5 
 
 for 2 years. 
 
 6 for 14 years. 
 
 14 
 
 I 
 
 1 12 
 
 22 
 
 I year & i day, 
 
 4 ID 
 
 5 
 
 I year & 6 month5# 
 
 ip 7 
 
 4 
 
 2 & 6 
 
 4 6 
 
 I 
 
 5 years & 40 days. 
 
 22 5 
 
 I 
 
 2 years & 4 days, 
 
 34 4 
 
 2 
 
 13 months. 
 
 44 3 
 
 
 
 
 134 
 
 
 211 211 
 
 345 Total. 
 
 Note, Of the above, 95 will b« difcharged by cipiritloii of fenttncp, in 
 the year iSei, 
 
m i 9« ) 
 
 Abstract of the expenditures for maintcnante of prifoners, znS fup» 
 
 port of the prifon, and incidental charges, for the years 1797, '98 and '99. 
 
 1797, To clothing and maintaining prifoners, 4531.0a 
 
 1798, ditto. ditto. 6323.30 
 
 1798, ditto. ditto. 10964.64 
 
 1799, 15118.66 
 
 36836.6* 
 
 Abstract of the ixfundiiures for maintenann of prifoners, and fupport 
 of the prifon, &c during tlie year^ iSoo and i8oi. 
 
 1800, To clothing and maintaining prifoners, 14450.86 
 
 1801, ditto. ditto. 32632.65 
 Sundry debts due from Prifon, 1465.98 
 
 24098.63 
 
 On hand per inventory, houfehold furniture, beds, "f 
 bedding, clothing, fuel, oil, molaffcs, a fire en- C 9745.69 
 gine, horfei, cows, carts, &c. j 
 
 Abstract of the accounts relative to the mjnufadturcs carried on in the 
 State Prifon during the years 1799 and 1800. 
 
 1799, Paid for tools, raw materials, and in- 7 
 
 cidental charges, J 32-15 
 
 1800, ditto. ditto. 29753.60 
 
 — ^ — sn^s-is 
 
 1799, By minufadlured goods fold, 21589.85 
 
 1800, ditto. 22966.77 
 Goods, raw materials, and tools on ? 5 „ 
 
 hand III mo. ift, i8oi, \ i5«8-'53 
 
 Balance, being net profit, ......... 6599.70 
 
 Ab?tr.\ct of the accounts relative to the manufadhjrcs carried on in 
 the State Prifon daring ihc year 1801. 
 
 iSoi, Goods, raw materials, &c. on hand ift m.o. ift, 15228.83 
 
 Paid for tools, raw materials, and incidental? , 
 charges, ^31629.11 
 
 To fundry debts due from Prifon, 5483.56 
 
 I3y manufaftured goods fold, 35'i75.59 
 Bv proods, raw materials, and tools on hand 7 , 
 
 Ift month Ift, 1802, ^20769.17 
 By fundry debts due to Prifon, 4138.57 
 
 60283.33 
 
 Balance, being net profit, 7941.83 
 
 602S3.33 
 
< 93 ) 
 
 69341-75 
 
 A general A83»«Acr of the accounti of the Stare Prifon, adjufted £»r 
 the year i8gi. 
 
 1801, To balance of old account for 1800, 15079-99 
 Paid for tools, raw materials, and incidental > 
 
 expenfes, y '"' 
 
 Paid for cloathing and maintaining pri-T 
 
 foner», and to fherifFs for bringing con-> 21632.65 
 
 Tidls from the county prifons, J 
 
 l8oi, By falcs of manufaiSured goods, 34275-J9 
 By cafti of treafurer, l20CX).oo 
 . of the mayor per Geo. Warner, Efq. 1000.00 
 Balance due the agent, 22066.16 
 
 69341.75 
 
 REMARKS. 
 
 The legiflature, from time to time, appropriated monies for the payment 
 of all expenditures for the fupport and maintenance of the convifts during 
 the years 1797, 1798, and 1799. In the year 1800, the fum of 8000 dollars 
 was appropriated for the purchafe of raw materials and for carrying on 
 the Tarious manufa<5lures in the prifon ; for cloathing and maintaining the 
 convicfts, maintaining the keepers, defraying the expcnfe of bringing con- 
 from the different counties, and all other incidental expenfes. Any 
 perfon, who has the leaft acquaintance with the nature of manuiaftuies, and 
 with the concerns of any extenfive eftablilhment of them, will perceive, 
 that to keep near 300 men continually at hard labour, a large quantity of 
 raw materials mult be conllantly on hand, ready to fupply the workmen. 
 This ftock muft be purchafed on the credit of the agent or the infpedlors, 
 anlefs the legiflature appropriate a fufficient fum for that purpofe. At the 
 clofe of the year 1800, the agent was in advance the fum of 15079 dollars 
 and 99 cents. Of this fum, only 12000 dollars were direifted to be repaid 
 by the legiflature, as it was hoped that the refidue would be reimburfed 
 out of the fales of manufa<ftured articles then on hand, amounting to 1522S 
 dollars and 83 cents, after meeting the demands of die current year. 
 Very early, however, in the year 1801, it was perceived, that the proceeds 
 of the manufaAured articles were inadequate to defray the ordinary ex- 
 penfes of the Prifon, and at the fame time to purchafe materials fufficient 
 to keep the convicls employed. The agent therefore was induced, on his 
 own credit, for fhort periods, to purchafe all the rav.- materials ^nd articles 
 wanted to maintain the fytlem in full operation ; fo that, at the clofe of 
 this year, he is in advance the fum of 22066 dollars and 16 cents. 
 
 This ftatement will fhew the zeal with which the Infpedtors have been 
 animated to promote the obje<fts of the inftitution. Had they declined ma- 
 king the neceffary advances, from time to time, the raw materials on hand 
 would have been foon confumed, the convlfts would have been left idle^ 
 an increafed expenfe created, and the great end of the eftabli'hmer.t fruftra- 
 ted. Such exertions have been rendered the more neceffary, zi, r.ot having 
 luiBcient experience to determine the probable proceeds of the buCnefs in 
 tiie courfe of a year, it was not poffible for them to fittie., with certainty. 
 
( 94 J 
 
 tlie era(S Aim which might be wanted for ftock ; and they ■vfere diipofed 
 to name a fum too h'ttle rather than too great. But, however ftrong their 
 attachment to the public good, and to thofe principles of benevolence, which 
 induced them to engage in fo arduous an undertaking, it cannot be eipeA- 
 ed that the Infpectors ftould continue to make further advances. The le- 
 glflature being now pofleffed of fuflicient fa<5ts, by which to calculate %vith 
 tokrable accuracy, the benefits to be derived from the eftablifliment, and 
 how far it may be maintained with advantage to the State, will, it is be- 
 lieved, grant a fufficient fum to pay the balance of the prefent year, and 
 appropriate a fum, adequate to the purchafe of a competent ftock, in raw 
 materials, and for defraying other expenfes, beyond what the net profits of 
 the labour of the convifts, for the current year, may be fufficient to dif- 
 charge. There will then remain at the commencement of the new year, 
 a clear capital to this State of 20,679 dollars and 17 cents, in raw materials, 
 tools, and manufaiftured goods on hand, befidcs houfhold furniture, fuel, oil, 
 and other articles, amounting to the fum of 9,745 dollars and 69 cents. 
 
 The net profit of the labour of the convifts in the year 1799 and 1800^ war 
 6^599 dollars and 70 tents, and in the year 1801, 7,941 dollars and 83 centf 
 produced from a capital employed, not exceeding the amount of 20,000 dol- 
 lars. This produdl, in the firft three years of an eftablifhment, in which the 
 hands employed were ignorant and inexperienced, and therefore neceffarily 
 lefs producStive, will be regarded as no unfavourable rcfult. As the convicftt 
 have now become more flcilful workmen, and can perform more labour, 
 and to greater advantage than heretofore ; as the coft of many articles of 
 food will be diminiftied nearly one half, in confequence of the fall of the 
 market, produced by the peace in Europe ; and as feveral fources of expenfe 
 arifing from inexperience in the firft commencement of the bufinefs, will be 
 diminilhed or dried up, there is reafon to conclude, ftiould the balance due 
 the agent be now paid, that the profits of the labour of the convids during 
 the year 1802, may be rendered adequate to their maintenance. 
 
 The adlual advance for the laft three years, towards the mamtenanct &c 
 of the conviiSls, will ftand thus : 
 
 Advance in 1800, 8000 
 i8oi, 12000 
 fay 1802, 22066.16 
 
 42066.16 
 
 Amount of goods on hand, 20769.17 
 Houfhold furniture, &c. 9749.69 
 
 30518.80 
 
 Allow for wear, &c, 10 per cent. 3051. 8 
 
 27467.7s 
 
 leaves Drs. 14598.44 for 3 years, 
 or 4866 dollars and 15 cents, a year. Should tliis fum be raifed out of the 
 profits of the enfuing year, there will then remain only the annual expenfe 
 of the falaries of the keepers, and of the external guard, to be paid out of 
 the public treafur)' ; as the adlual coft of keeping and fupporting all the 
 conviifls in this populous, flourilhing, and cxtenfivc State. 
 
( 83 ) 
 
 Extradls from the Revifed Laws. 
 
 An ACT to prevent Forgery and Counterfeiting. 
 
 Paffed 2iftMarch, i8or. 
 I. 13 E it enaEled by the People of the State of New- 
 M J ITork, reprefented in Senate and Affembly^ That 
 if any perfon fhall falfely make, alter, forge or counter- 
 feit, or caufe or procure to be falfely made, altered, 
 forged or counterfeited, or willingly aft or affift in the 
 falfe making, altering, forging or counterfeiting any re- 
 cord, charter, deed or writing fealed, will, teftament, 
 bond, writing obligatory, bill of exchange, promiffory 
 note for payment of money, or any note or fpecialty 
 for the payment of money, and exprefled to be payable 
 in any goods, wares or merchandizes, indorfement or 
 affignment of any bill of exchange, or promiffory note 
 for payment of money, or any acquittance or receipt 
 e'.ther for money or goods, or any acceptance of any 
 bill of exchange, or the number or principal fum of any 
 accountable receipt for any note, bill or other fecurity 
 for payment of money, or any warrant or order for pay- 
 ment of money or delivery of goods, whether fuch order 
 purports to be the order of the owner of the goods or 
 money fpecified therein, or of fome perfon who claims 
 an intereft in the fame, or of any other perfon, with 
 intention to defraud any perfon, or body politic or cor- 
 porate whatfoever, or lhall utter or publifli as true, any 
 falfe, altered, forged or counterfeit record, charter, 
 deed or writing fealed, will, teftament, bond, writing 
 obligatory, bill of exchange, promiflbry note for pay- 
 ment of money, or any note or fpecialty for the pay- 
 ment of money, and exprefled to be payable in any goods, 
 wares or merchandizes, indorfement or aflignment of 
 any bill of exchange, or promiflbry note for payment of 
 money, acquittance or receipt either for money or goods, 
 or any acceptance of any bill of exchange, or the num- 
 ber or principal fum of any accountable receipt for any 
 note, bill or other fecurity for the payment of money, 
 or any wanant or order for the payment of money, or 
 delivery of goods, whether fuch order purports to be the 
 o^der of the owner of the goods or monev fpecified there- 
 
 O 
 
( 84 ) 
 
 in, or of feme perfon who claims an intcreft in the fame, 
 or of any other perfon, with intention to defraud any 
 perfon, or body poHtic or corporate whatfoever, know- 
 ing the fame to be falfe, altered, forged or counterfeit- 
 ed, then every fuch perfon being thereof convidted ac- 
 cording to the due courfe of law, lhall be deemed guilty 
 of felony. 
 
 II. ylnd be it further enaEiedy That if any perfon fhall 
 forge or counterfeit, or be aiding or affifting in forging 
 or counterfeiting, any certificate, or indorfcment of the 
 acknowledgment or proof of any deed or writing, made 
 by any officer or other perfon duly authorifed to make 
 fuch certificate or indorfement, by any law of this ftate 
 now or hereafter to be made, or the certificate or in- 
 dorfement of the recording of any deed or writing made 
 by the fecretary of this ftate, or by the clerk of any 
 county, duly authorifed to make fuch certificate or in- 
 dorfement, by any law of this ftate now or hereafter to 
 be made, or fhall knowingly utter any fuch forged or 
 counterfeited certificate or indorfement as true, and be 
 thereof convidled by due courfe of law, fhall be deem- 
 ed guilty of felony. 
 
 III. A»d be it further cnaSled, That if any perfon 
 fhall counterfeit, or caufe or procure to be counterfeited, 
 or aid or affiil in counterfeiting any certificate, or other 
 public fccurity iffued or to be iflued by the authority of 
 this ftate for payment of money, or acknowledging 
 the receipt of money or goods, or any bill of credit here- 
 tofore ilTued by or under the authority of the legiflature 
 of this ftate, or lhall alter any fuch certificate or bill of 
 credit, fo that th? fame fhall appear to be of greater va- 
 lue than the fame was or fhall be iflued for, or intended 
 to pafs for, by the aft in purfuance of which the fame 
 was or fhall be ifliied, or fliall utter, pafs or give in pay- 
 ment, or offer to pafs or give in payment, or procure to 
 be uttered, palTed or given in payment, any fuch coun- 
 terfeited or altered certificate or bill of credit, knowing 
 the fame to be counterfeited or altered, then every fuch 
 perfon being thereof convicted by due courfe of law fhall 
 be deemed guilty of felony. 
 
( 85 ) 
 
 IV. And be it further enacfed. That in all cafes where 
 any fuch certificate or bill of credit lhall be charged to 
 have been altered, and it fliall appear to have been alter- 
 ed, the fame fhall be prefumed to have been altered 
 from a lefs to a greater value, fum or denomination, and 
 the burthen of proving that the certificate or bill of cre- 
 dit charged to have been altered, was not altered from a 
 lefs to a greater fum lhall be on the defendant charged 
 with altering the fame. 
 
 V. Atid be it further enacted. That if any perfon fhall 
 counterfeit, or caufe or procure to be counterfeited, or 
 aid or affift in counterfeiting any of the fpecies of gold or 
 filver coins now current, or hereafter to be current in 
 this ftate, or fhall pafs or give in payment, or ofFer to 
 pafs or give in payment the fame, knowing the fame to 
 be counterfeit, then every fuch perfon being thereof 
 convicted according to the due courfe of law fliall be 
 deemed guilty of felony. 
 
 An ACT declaring the Crimes punijhable with Death or 
 •with Imprifonment in the State Prifon. 
 
 Paired 2111 March, 1801. 
 
 I. T3 E it enaEied by the People of the State of Ne-iv- 
 1 M Tbrk, repreftnted in Senate and AJfemhly, That 
 every perfon who fhall hereafter be duly convicted or at- 
 tainted of any manner of treafon againft the people of 
 this ftate, or of any kind of murder, or of aiding or 
 abetting or procuring any kind of murder to be commit- 
 ted, fhall fuffer death for the fame, and be hanged by 
 the neck until fuch perfon fhall be dead. 
 
 11. And be it further enacted. That every perfon who 
 fhall hereafter be duly convifted or attainted of any 
 manner of rape, or of the deteflable and abominable 
 crime againft nature committed with mankind or beaft, 
 or of burglary, or of felonioufly breaking into or taking 
 any goods or chattels from any dwelling-houfe, any per- 
 fon being therein and put in fear, or of robbing any 
 dwelling houfe, any perfon being therein, or of robbing 
 
( 86 ) 
 
 any perfon in any place whatfoever, or of ■wilfully burn- 
 ing any dwelling houfe or any barn, or of any offence 
 fpecified in the aft, entitled An a£i to prevent forgery 
 and counterfeiting^ or of any offence fpecified in the a£b, 
 entitled An act to prevent malicious maiming ; and every 
 perfon who lhall aid, abet, aflift, counfel, hire or com- 
 mand any perfon to commit any of the faid offences, and 
 be thereof duly convifted or attainted, fhall be punifh- 
 ed with imprifonment for life in the ftate prifon ; and 
 the juftices who fhall give judgment in any fuch cafe, 
 lhall upon confideration of all the circumftances thereof, 
 adjudge the offender to imprifonment only, or to -be 
 kept in the faid prifon aj hard labour or in folitude, or 
 both. 
 
 III. And be it further enaBed, That if any perfon 
 ihall be indifted of felony, for ftealing of any goods or 
 chattels in any county of tliis ftate, and thereof be con- 
 vifted or attainted ; if it fliall appear upon evidence, and 
 be found by the jury, that the faid goods or chattels 
 were taken by robbery or burglary, or in any other man- 
 ner, in any other county, whereof if fuch perfon had 
 been convicted by a jury of fuch other county, fuch per- 
 fon would by law be liable to imprifonment in the faid 
 prifon for life, at hard labour or in folitude, or both ; 
 then and in every fuch cafe, judgment lhall be given 
 that the faid offender be imprifoned in the faid prifon 
 for life, at hard labour or in folitude, or both. 
 
 IV. And be it further enacted, That every perfon who 
 fhall hereafter be duly conviftcd or attainted of any felo- 
 ny, other than fuch as are herein before enumerated and 
 directed to be otherwife puiiifhed, and above the degree 
 of petit larceny, and every perfon who lhall aid, abet, 
 aHift, hire or command any perfon to commit any fuch 
 felony, and be thereof duly convifted or attainted, fhall 
 be adjudged by the juftices who fliall give judgment 
 thereupon, on a confideration of all the circumftances 
 of the cafe, to imprifonment in the faid prifon at hard 
 labour, or in folitude, or to imprifonment only, or to all 
 or either of them, for any term not more than fourteen 
 years. And further, That every perfon who flull he a 
 
( 8/ ) 
 
 fecond time duly convifted or attainted of any of the faid 
 laft mentioned felonies, committed after fuch firft con- 
 Tiftion, lhall be adjudged by the juftices who fhall give 
 judgment thereupon, on like confideration of all the cir- 
 cumftances of the cafe, to imprifonment in the prifon 
 aforefaid, at hard labour or in folitude, or both, for life. 
 
 V. j^nd be it further enabled, That every perfon who 
 fhall be guilty of the felonious taking and carrying away 
 of the mere perfonal goods of another of the value of 
 twelve dollars and fifty cents or under, if unconne£ted 
 with any other crime, lhall be deemed and adjudged 
 guilty of petit larceny only ; and where any perfon fhall 
 hereafter be convifted of petit larceny, or of any other 
 felony the punifliment whereof is not herein before pro^ 
 vided for, or of any aflault with intent to rob, murder 
 or commit a rape ; or where any perfon fhall buy or re^- 
 ceive any goods or chattels of any value whatfoever, that 
 lhall have been felonioufly taken away or ftolen from any 
 other perfon knowing the fame to be ftolen, whether the 
 principal be convicted or not ; or fhall knowingly and 
 defignedly, by falfe pretence, obtain from any other 
 perfon, any money, goods or chattels or other effedls 
 whatfoever, with intent to cheat or defraud any perfon 
 or body politic or corporate ; and every perfon who fhall 
 aid, abet, alRft, hire, command or procure any other 
 perfon to commit any of the faid offences, or who fhall 
 be accefTary to any felony whatfoever after the fact, fhall, 
 being convidted of any of the faid offences, be punifhed 
 by fine and imprifonment, or either ; or if it fhall be 
 deemed proper by the court before whom any fuch per- 
 fon fhaH be convifted, that inf^ad of, or in addition to 
 a fine, fuch perfon fo convicted, ought to be imprifoned 
 for twelve calendar months, or for a longer time, in 
 fuch cafe, it fhall be lawful for fuch court in their dif^ 
 cretion, to adjudge the perfon fo convi<fled to imprifon- 
 ment in the faid prifon, at hard labour, for any term of 
 time not more than three years, jirid further. That 
 every perfon who fhall be a fecond time, or oftener, 
 convifted of any offence fpecified in this fe«R.ion (except 
 tlie offences of affauU with intent to rob,myrder or com-i 
 
( 88 ) 
 
 mit a rape) fhall be adjudged by the court who may 
 give judgment thereupon, to imprifonment in the faid 
 prifon, at hard labour or in folitude, or both, for any 
 time not exceeding five years : and that every perfon 
 who fliall be a fecond time, or oftener, convidtcd of the 
 offences of aflault with intent to rob, murder or commit 
 a rape, or of either of them, lhall in Hke manner be 
 adjudged to imprifonment in the faid prifon, at hard la- 
 bour or in folitude, or both, for any time not exceeding 
 eight years. 
 
 VI. yind be it further enaBedy That no perfon fenten- 
 ced to imprifonment, for any term of time lefs than 
 twelve calendar months, fhall be liable to be imprifon- 
 ed in the ftate prifon, but fhall be confined in the gaol 
 of the county in which fuch perfon may be fo fenten- 
 ced. 
 
 VII. And he it further emHed, That if any perfon 
 hath been or fhall be convicted of any crime, for which 
 fuch perfon hath been, or fhall be fentenced to impri- 
 fonment for life in the fl:ate prifon, fhall break the faid 
 prifon and efcape from thence, and fhall thereafter 
 commit any felony, above the degree of petit larceny, 
 then fuch perfon, being thereof duly convifted, fhall be 
 hanged by the neck until dead. 
 
 VIII. And he it further enaBedy That in cafe any per- 
 fon hath been, or (hall be fentenced to imprifonment in 
 the ftate prifon for any term of years, and fhall break 
 the faid prifon and efcape from thence, and be retaken, 
 fuch perfon being thereof convifted, fliall be deemed 
 guilty of felony, and fhall be adjudged to imprifonment 
 and hard labour in the faid prifon, for double the term 
 of time fpecified in the original judgment againfl fuch 
 perfon, to commence from the period of the laft con- 
 viction, notvvithftanding the term for which fuch perfon 
 was to have been imprifoned may, when fuch perfon 
 fliall be retaken, have expired. 
 
 IX. And he it further enaEled, That if any perfon ad- 
 judged to be imprifoned in the faid prifon, othcrwife 
 than for life, fliall efcape from the fame, then, as often 
 as fuch perfon fhall fo efcape and be retaken, and again. 
 
( 89 ) 
 
 imprifoned in the faid prifon, the period for which fuch 
 perfon was adjudged to be imprifoned in the faid prifon, 
 lhall always be deemed to commence anew from the day 
 when fuch perfon fliall, after having efcaped be retaken 
 and imprifoned again in the faid prifon, which day lhall 
 be afcertained by the infpeftors of the faid prifon ; and 
 every fuch perfon may be fo retaken and imprifoned 
 again, notwithftanding the term for which fuch perfon 
 was to have been imprifoned may, when fuch perfon 
 fhall be retaken, have expired. 
 
 X. Jnd be it further enaEled, That in all cafes where 
 any perfon fhall be duly convi£led or attainted, of any 
 felony committed after the twenty-ninth day of March, 
 one thoufand feven hundred and ninety-nine, or of aid- 
 ing, abetting, hiring or commanding any perfon to com- 
 mit any fuch felony, and lhall be adjudged to imprifon- 
 ment for life in the ftate prifon, fuch perfon fhall be 
 deemed and taken to be civilly dead to all intents and 
 purpofes in the law. 
 
 XI. And be it further enaEled, That if any perfon im- 
 prifoned in the faid prifon, otherwife than for life, lliall 
 attempt to efcape, or fliall aid any other perfon impri- 
 foned in the faid prifon, in efcaping or attempting to 
 efcape from the fame, fuch perfon lhall be deemed guil- 
 ty of a mifderacanor, and lhall on conviction be adjudg- 
 ed to be imprifoned in the faid prifon, for fuch further 
 term, not for life, after the determination of the term 
 for which fuch perfon had, at the time when the faid 
 mifdemeanor was committed, been adjudged to be im- 
 prifoned, as the court fliall in their difcretion deem pro- 
 per ; and the court, before whom a perfon may be indift- 
 ed for the mifdemeanor aforefaid, may from time to 
 time, by order of the court to be directed to the infpec- 
 tors of the faid prifon, order the defendant in fuch in- 
 dictment, and every other perfon imprifoned in the faid 
 prifon, being a competent witnefs, to be brought before 
 them, and alfo to aflign counfel to the defendant, which 
 counfel fliall, at all convenient times, be admitted to 
 converfe in private with fuch defendant in the faid 
 prifon. 
 
( 90 ) 
 
 XII. And be it further enaBedy That if any perfoa 
 £hall in any manner howfoever, aid or aflift any perfon 
 confined in the faid prifon, in efcaping or attempting 
 to efcape from the fame, fuch perfon lhall be deemed 
 guilty of a mifdemeanor, and fliall on conviilion there- 
 of in due form of law, be adjudged to be imprifoned in 
 the faid prifon at hard labour, for fuch term of time, as 
 the court in which fuch convidtion may be had, fhall in 
 their difcretion deem proper, not exceeding ten years. 
 
 XIII. And be it further enaBedy That any perfon who 
 fliall be duly convifted of the crime of perjury, or fub- 
 ornation of perjury, or of aiding or allifting any prifoner 
 lawfully committed to, or detained in any gaol, for any 
 felony whatfoever, in efcaping or attempting to efcape 
 from fuch gaol, though no efcape be made ; or of con- 
 veying any difguife, inftrumcnt or arms uito any gaol to 
 and for the ufe of any fuch prifoner fo committed or de- 
 tained as aforefaid, with intention to facilitate his or her 
 efcape, though no efcape be made, or attempted to be 
 made, fliall be puniflied with imprifonment at hard labour 
 in the faid prifon ; and the court before whom fuch con- 
 viftion fliall be had, fhall upon confideration of all the 
 circumftances of the cafe, adjudge fuch perfon fo con- 
 victed, to imprifonment in the faid prifon at hard labour 
 for any term not exceeding ten years, according to the 
 nature and aggravation of the offence. 
 
 An ACT regulating certain Proceedings in Criminal Cafes. 
 
 Paired 2ift March, 1801. 
 
 I. "O* E it enaBed by the People of the State of Neiu- 
 J|_3 ^orky reprefented in Senate and AJfembly, That in 
 all cafes of treafon or felony, where the party indifted 
 fliall on being arraigned obftinately ftand mute, or refufe 
 to plead and be tried in due courfe of law, fuch obfti- 
 nately ftanding mute or refufal to plead and be tried as 
 aforefaid, fliall be adjudged to be a denial of the fafts 
 charged in the indictment, and the trial fliall thereupon 
 proceed in like manner, and the record flull be in the 
 
( 9i } 
 
 fame form, and the fame judgment fhall be given againll 
 the faid party, if found guilty, as if fuch party on being 
 arraigned had pleaded not guilty. 
 
 II. And be it further ena3ed. That it fliall not be ne- 
 ceflary on the arraignment or trial of any perfon for trea- 
 fon or felony, to alk the prifoncr how he will be tried, 
 nor to charge the jury to inquire whether the prifoner 
 fled or not, or what goods or chattels, lands, and tene- 
 ments the prifoner at any time had. 
 
 III. And be it further enabled. That no convidlion or 
 attainder of any perfon for any offence fpecified in the 
 act, entitled An a£l declaring the crimes ptinijhable ivith 
 death or luith imprifontne?tt in the Jfate prifoUy except trea- 
 fon, ftiall hereafter work a forfeiture of goods, chattels, 
 lands, tenements or hereditaments, or of any right 
 therein ; and that all forfeitures to the people of this 
 ftate in the nature of deodands, and in cafes of fuicide, 
 and where any perfon lhall flee from juftice, fliall be 
 and hereby are aboliflied. 
 
 IV. And be it further enaSled, That the privilege or 
 benefit of clergy, formerly allowed in criminal cafes, 
 fhall be for ever aboliflied. 
 
 V. And be it further enacled. That where any perfon 
 hereafter fliall be felonioufly ftricken or poifoned in one 
 county and die of the fame ftroke or poifoning in ano- 
 ther county, then an indldtment thereof found by ju- 
 rors of the county where the death fliall happen, whe- 
 ther it fliall be found before the coroner upon the fight 
 of fuch dead body, or before the juftices of the peace, or 
 the juftices or commiflioners who fliall have authority to 
 inquire of fuch offence, fliall be as valid in law as if 
 the ftroke or poifoning had been given in the fame coun- 
 ty where the party fliall die. And further. That the 
 courts of oyer and terminer and gaol delivery in tiie fame 
 county where fuch indidlment at any time hereafter fliall 
 be taken, and the juftices of the fupreme court when 
 fuch indidlment fliall be taken or removed before them, 
 fliall proceed upon the fame in all points as they ought 
 to do in cafe fuch felonious ftroke or poifoning and deatbi 
 thereby enfuiiig, had happened in one and the fam« 
 
 P 
 
( 92 ) 
 
 fame county. And further. That where any murder of 
 felony fhall be committed in one county, and any other 
 perfon fhall be acceflary in any manner to any fuch mur- 
 der or felony in any other county, then an indictment 
 found againft fuch accelTary for the fame at any court of 
 oyer and terminer and gaol delivery, or general feflions 
 of the peace, in the county where fbch oftence of acceffa- 
 ry fliall be committed, {hall be as good and efFeChial, as 
 if the faid principal offence had been committed within 
 the fame county, where the fame indiftment againft fuch 
 accelTary fliall be found ; and the courts of oyer and 
 terminer and gaol delivery in the county where the of- 
 fence of any fuch acccffary fo indidted fhall be commit- 
 ted, fliall, upon a certificate that the principal is attaint- 
 ed, convidled or otherwife difcharged of the principal 
 felony, to be given under the hand and feal of the clerk 
 who has the cuflody of the records of the fame, and 
 which Certificate fuch clerk is hereby required to give on 
 application in writing from either of the judges 'of the 
 faid courts, proceed to try every fuch accelTary in the 
 county where the offence of fuch accelTary was commit- 
 ted, in like manner, as if the principal offence and ac- 
 celTary had been committed in fuch county, and there- 
 upon to give judgment and award execution according 
 to law. 
 
 VI. And be it further enaSled, That if any principal 
 felon fhall be convifted of any felony, it fhall be lawful 
 to proceed againft any acceffary either before or dfter the 
 fadt, in the fame manner as if fuch principal felon had 
 been attainted thereof, notwithftanding any fuch princi- 
 pal felon fhall be pardoned, or otherwife delivered be- 
 fore attainder ; and every fuch accelTary fhall fuffer the 
 fame punifhment if he be convifted, as he fhould have 
 fufFered if the principal had been attainted. And fur- 
 ther. That it fliall be lawful to profecute and punifh eve- 
 ry perfon buying or receiving any ftolen goods, knowing 
 the fame to be ftolen, as for a mifdemeanor, although 
 the principal felon be not convitSled of the faid felony, 
 which fhall exempt the offender from being punifhed as 
 acceffary to fuch felony after the fail, if the principal 
 fhall be afterwards convicted. 
 
( 93 ) 
 
 VII. And be it further enaBed, That the jufticcs of 
 the fupreme court fliall have full power by their difcre- 
 tion to remand and fend down, as well the bodies of all 
 felons brought or removed into the fupreme court, as 
 the indictments againft fuch felons, into the faid coun- 
 ties, where the fame felonies were or fhall have been 
 committed, and to corranand all juftices of gaol delivery, 
 juftices of the peace, and all other juftices and comniif- 
 fioners having authority to hear and determine the fame 
 felonies, to proceed and determine upon all the afore- 
 faid felons and indictments fo removed according to law, 
 in fuch manner as the fame juftices of gaol delivery j^juf- 
 tices of the peace or commiflioners, or any of them, 
 might have done if the faid prifoners or indiftments had 
 never been brought in the fupreme court. 
 
 VIII. And be it further enaSledy That aH manner of 
 foreign pleas triable by the^ country, hereafter to be 
 pleaded by any perfon arraigned upon any indiftment 
 for any treafon or felony, fliall be forthwith tried before 
 the fame juftices before whom fuch perfon fliall be ar- 
 raigned, and by the fame jurors of the fame county that 
 fhall try the treafon or felony, whereof he, fhe or they 
 fliall be fo arraigned without any further delay in what- 
 foever county or place the matter of the fame pleas be 
 alledged- 
 
 IX. And be itfirther cnacied. That every perfon ar- 
 raigned for any crime punifliable with death, or with 
 imprifonment for life, fliall be admitted on his trial to a-, 
 peremptory challenge of twenty jurors, and no more. 
 
 X. And be it further enaBed, That no indiftor of any 
 perfon for any crime or offence whatfoever fliall be put 
 upon the inqueft for the trial of fuch perfon, if he be 
 challenged for that caufe by the perfon fo indicted. 
 
 XI. And be it further enacted, That every perfon who 
 fhall be arraigned or tried for any felony, fliall be ad- 
 mitted to make any proof that he or flie can produce by 
 lawful witnefles who fliall then be upon oath, for his or 
 hjer defence in that behalf, and fliall have the like pro- 
 cefs. of the court where he or flie fliall be tried to com- 
 pel his or her witnelTeSj to appear for liim or her alt 
 
( 94 ) 
 
 fuch trial, as is ufually granted to compel witnefles to ap- 
 pear againft him or her. 
 
 XII. And be it further enaSledy That from henceforth 
 the words tuith force and arms, or any fuch words, fliall 
 not of neceflity be put in any inquifition or indictment 
 of treafon, felony, trefpafs or any other offence, and 
 that no party being hereafter indicted of any offence fhall 
 take any advantage by writ of error, plea or otherwife 
 to annul or avoid any fuch inquifition or indidtment be- 
 caufe the words ivith force and arms or any fuch like 
 ivords are not put into the faid inquifition or indictment. 
 
 Xlli. And he it further enabled, That if any felon do 
 rob or take away any money, goods or chattels from any 
 perfon, and the faid felon be thereof indicted and found 
 guilty, or otherwife attainted by reafon of evidence 
 given by the owner of the faid money, goods or chattels 
 fo robbed or taken away, or by any other by his pro- 
 curement, then fuch owner fliall be rcftored to his mo- 
 ney, goods or chattels, and the court before whom the 
 felon fhall be fo convidted may award writs of reftitu- 
 tion for the faid money, goods or chattels. 
 
 XIV. And be it further enacted. That every perfon 
 who fhall be lawfully committed to the common gaol in 
 any city or county of this ftate, for any crime or mif- 
 demeanor, having means thereto, fliall bear his or her 
 own reafonable charges for conveying him or her to the 
 faid gaol, and the charges alfo of fuch as fhall be ap- 
 pointed to guard him or her to the faid gaol, and fliall 
 guard him or her thither. And if any fuch perfon fo to be 
 committed as aforefaid fhall rcfufe at the time of his or 
 her commitment, and fending to the faid gaol to defray 
 the faid charges, or fhall not then pay or_ bear the fiimc, 
 then any juftice of the peace of the county fliall by writ- 
 ing under his hand and feal, after conviction of the per- 
 fon fo committed, give warrant to any conflablc of the 
 town where fuch perfon fo committed fliall inhabit, or 
 where he fhall have any goods within the fame city or 
 county, to levy hy diftrefs .and fale of ■ the goods and 
 cliattcls of the f;iid perfon fo to be committed, fo much 
 money as by the difcrction cf the faid jufticc ihall pay 
 
( 95 ) 
 
 the charges of his or her conveying and fending to gaol ; 
 and when any perfon not havmg goods or money within 
 the city or county where he or flie fhall be taken, fuffi- 
 cient to bear the charges of himfelf or herfelf and of 
 thofe who convey him or her, is lawfully committed to 
 gaol, then on application by any conftable or other offi- 
 cer who conveyed him or her to gaol as aforefaid, to any 
 juftice of the peace for the fame city or county, the juC- 
 tice fliall upon oath examine into and afcertain the rea- 
 fonable allowances to be made to fuch conftable or other 
 officer both for his expences and trouble, the faid allow- 
 ances for trouble not to exceed fix cents for each mile 
 that he fhall travel to convey the faid offender to gaol as 
 aforefaid ; and the faid juftice fliall forthwith without 
 fee or reward, by warrant under his hand and feal, order 
 the treafurer of the city or county to pay the fame, 
 which the faid treafurer is hereby required to do as foon 
 as he receives fuch warrant and fliall have monies in 
 his hands. 
 
 XV. j4nd be it further enaEled^ That it fhall be in the 
 power of the court before whom any perfon fhall have 
 been tried and convifted of any larceny or other felony, 
 at the pr?ver of the profecutor and on confideration of 
 his circumftances, in open court to order the treafurer 
 of the city or county in which the offence fliall have been 
 committed, to pay unto fuch profecutor fuch fum of 
 money as to the fame court fhall feem reafonable, not 
 exceeding the expences which it fliall appear to the 
 court the profecutor was put unto in carrying on fuch 
 profecution, and making him a reafonable allowance for 
 his time and trouble therein. And that when any poor 
 perfon fliall appear on recognizance in any court to give 
 evidence againft another accufed of any larceny or other 
 felony, it fliall be in the power of the court at the prayer 
 and on the oath 'of fuch perfon, and on confideration 
 of his. circumftances, in open court to order the treafurer 
 of the city or tounty in which the offence fhall have been 
 committed, to • pay fuch fum of money as to the faid 
 court fhall feem reafonable, for his time, trouble and 
 cxpencc ; which order in either cafe the clerk of fuch 
 
( 96 ) 
 
 court is hereby direfted forthwith to make out and deli- 
 ver to fuch profecutor, upon being paid for the fame 
 the fum of twelve and an half cents and no more, and 
 to fuch poor witnefs without fee or reward ; and the 
 treafurer of fuch city or county is hereby required upoa 
 fight of any fuch order, or as foon after as he fhall have 
 monies fufficient in his hands, forthwith to pay to fuch. 
 profecutor or witnefs, or other perfon authorifed to re- 
 ceive the fame, fuch fum of money fo ordered to be paid 
 as aforefaid. 
 
 XVI. And be it further enacledy That the treafurer of 
 each city and county fhall be allowed in his accounts all 
 fuch funis as he fhall pay upon any fuch order as afore- 
 faid, which fums fhall be confidered as part of the con- 
 tingent charges of fuch city or county. And that the 
 feveral treafurers may be enabled to comply with fuch 
 orders, the fupervifors of the feveral counties are hereby 
 required to caufe a fum fufiicient for the purpofes afore- 
 faid, to be raifed, levied and colledled in their refpec-. 
 tive counties yearly, in the fame manner as the contin- 
 gent charges of the fame counties are to be raifed, levied 
 and collefted. 
 
 XVII. And he it further enaEled, That wh'en any per-, 
 fon fhall be convifted of and fined for any crime or mif-^ 
 demeanor, the court may in their difcretion allow fuch 
 cxpences to witnefTes and profecutors out of the fame 
 fine, as fuch court fhall judge reafonable, not exceeding 
 the fum of twenty-five dollars ; and fhall caufe an entry 
 thereof to be made in the minutes of the court, and the 
 clerk in the eftreat thereof fhall mention the fame, iu 
 order that the court of exchequer may know how much 
 of the faid fine is to be anfwered to the people of this 
 ftate ; and when fuch fine is paid to the flieriff or other 
 officer he fhall pay fuch expences fo allowed out of the 
 fame. 
 
 XVIII. Atid he it further enacted. That in all cafes 
 where a perfon fhall on the complaint of another be 
 bound by recognizance to appear, or fliall for w^ant of 
 f'lrety be committed, or fhall be indicted for an alTaulfr 
 and battery or other mifdemeanor, the injury and dam-. 
 
( 97 ) 
 
 age of the party complaining and not charged to havft 
 been done riotoufly, or with intent to commit a felony, 
 or not being an infamous crime, and for which there 
 lhall alfo be a remedy by civil action, if the party com- 
 plaining fhall appear before the magiftrate, who may have 
 taken the recognizance or made the commitment, or be- 
 fore the court in which the indi<Stment fhall be, and 
 acknowledge to have received fatisfadtion for fuch in- 
 jury and damage, it fhall be lawful for the magiftrate in 
 his difcretion to difcharge the recognizance, or fuper- 
 fcde the commitment, and alfo to difcharge the recogni- 
 sance which may have been taken for the appearance 
 of witnefles in fuch cafe, or for the court alfo in their 
 difcretion to order a noli profequi to be entered on the 
 indictment as the cafe may require, upon payment of 
 cofts : Provided al-ways. That this aft fhall not extend 
 to any aflault and battery or other mifdemeanor commit- 
 ted by or on any officer or minifter of juftice. 
 
 XIX. And be it further enaHedy That in all cafes of 
 felony heretofore committed or which may hereafter be 
 committed, it fhall and may be lawful for any perfon 
 or perfons injured or aggrieved by fuch felony, to have 
 and maintain his, her or their aftion againft the perfon 
 or perfons guilty of fuch felony, in like manner as if 
 the offence committed had not been felonious ; and in 
 no cafe whatever fhall the right of action of the party in- 
 jured be deemed, taken or adjudged to be merged in the 
 felony or in any manner affefted thereby. 
 
 XX. And be it further enaBed, That all appeals of felo- 
 ny fhall be and hereby are abolifhed.