IN SENATE, January 17, 1833. REPORT Of the judiciary committee, on the bill concerning the payment of Chaplains. Mr. Beardsley, from the committee on the judiciary, to which was referred the engrossed bill from the Assembly, entitled "An act concerning the payment of chaplains," REPORTED: That they have examined the bill referred to them, and find its details and references correct to attain the object sought for. The committee deem the question, as to the expediency of repealing that part of the Revised Statutes to which the bill refers, as one that may be submitted to the unbiassed judgment of the Senate. They therefore report the bill for the action of the Senate without any expression on the part of the committee as to the expediency or inexpediency of its becoming a law. LEVI BEARDSLEY, Ch'n. [Senate, No. 28.] 1 Of the select committee, on the petition of Isaac Jackson, Sheriff of Montgomery county. Mr. Sherman, from the standing committee on claims, to whom was referred the petition of Isaac Jackson, sheriff of the county of Montgomery. REPORTED: That the said petitioner in the discharge of his duty as sheriff, in the month of May last, conveyed two convicts, George Scouton and John Sweetman from the village of Johnstown, in the county of Montgomery, to the State Prison at Mount-Pleasant, and from said prison back again to the village of Johnstown. For this service and expenses the petitioner has received no compensation, and now asks the Legislature for a law granting him the same. It appears that the existing provisions of the Statute, providing compensation for the transportation of convicts, do not embrace his case, the circumstance of which are briefly these: The two convicts above named, were tried at the court of oyer and terminer in and for the county of Montgomery, in May last, and on the 25th of that month, sentenced to three years confinein the state prison at Sing-Sing, and as was then supposed, in pursuance of an existing law, under which the court had been in the practice of sending convicts to said prison. But at that time the law had been repealed, and the act of the Legislature of last session, relating to state prisons, passed 25th April, 1832, was in force, and took effect on the 16th May following, a few days before the sentence of the said convicts; but which was unknown to the judges of said court. The fourth section of that act directs [Senate, No. 31.] 1 that the convicts of the fourth senate district shall be confined in the state prison at Auburn. It appeared that this act had not come to the knowledge of the jndges, when the prisoners was sentenced, nor was the repeal of the former law known to them. The sheriff took charge of the convicts and conveyed them to the prison at Mount Pleasant, when the keeper, who had just received the said law of last session, refused in consequence thereof to receive them. The petitioner conveyed the said convicts back to Johnstown, and from thence to the Auburn prison. On application being made to the Comptroller for compensation, it appeared that he was not authorised to audit any account for transporting a convict to prison, but on the production of the certificate of the keeper that the prisoner had been received. As this could not be complied with in the present case, and as the law makes no provision for paying the expenses of bringing a convict back from the prison, the committee are satisfied that the petitioner has no other remedy than by an application to the Legislature. They are therefore of opinion, that the prayer of the petitioner is just, and that he ought to receive the same compensation for going to, and returning from the said prison, as is provided by law for sheriffs in ordinary cases of transporting convicts. The committee have prepared a bill, and ask for leave to introduce the same. IN SENATE, January 28, 1833. REPORT Of the committee on State Prisons. Mr. Macdonald, from the committee on State Prisons, REPORTED: That they have had under consideration the subject of erecting a separate prison for the female convicts of this State. The propriety of this measure has been so often recommended to the Legislature in the annual messages of the Executive, in the reports of the Inspectors of our prisons, and in those of the different committees of the Legislature, to whom this subject has been referred, that it would appear almost superfluous for this committee to attempt to add one word in favor of its adoption. Agreeing, however, most fully in the opinions cited, the present committeë feel it to be their duty, to call the attention of the Senate again to this subject, as one that claims their early and favorable action. It can scarcely be necessary to speak of the deplorable condition of our female State convicts. This will be found fully set forth in the annual reports of our State Prisons for this, and the preceding years. It will be sufficient to say here, that while so much has been done for the improvement of our existing State Prisons, and the government and discipline of our male convicts, nothing has been done, nothing has even been attempted in behalf of the females. They are still confined together, after the worst manner of the old system, with hardly a single effort at discipline, instruction or reformation. Whilst private and public benevolence are constantly searching for objects upon whom to bestow their aid, this class of unfortunate beings seem to have been entirely over[Senate No. 32.] 1 |