Legislative Action in 1847 to Reduce the NY Prison Association’s Inspection Authority

face of a prisoner

About a year after the Prison Association of New York gained authority comparable to that of the politically appointed prison inspectors, the New York legislature challenged the Prison Association’s inspection authority. In 1847, the legislature considered a bill to abolish the Prison Association’s inspection authority. Prison Association officials objected strenuously, and the bill did not pass.^

The New York legislature then indirectly undermined the Prison Association’s legal authority. On December 14, 1847, the legislature passed an act for better regulating prisons. Regarding prison inspectors, the act declared:

The following persons shall be authorized to visit at pleasure all county and state prisons: The governor and lieutenant governor, secretary of state, comptroller and attorney general, members of the legislature, judges of the court of appeals, supreme court and county judges, district attorneys and every minister of the gospel having charge of a congregation in a town wherein any such prison is situated. No other persons not otherwise authorized by law shall be permitted to enter the rooms of a county prison in which convicts are confined, unless under such regulations as the sheriff of the county shall prescribe, nor to enter a state prison except under such regulations as the inspectors shall prescribe.^

The Prison Association was omitted from the list of explicitly authorized visitors, but arguably included in the phrase “otherwise authorized by law.” The act incorporating the Prison Association, passed on May 9, 1846, gave the Prison Association the same rights as prison inspectors under the Revised Statutes of 1829. The 1847 act repealed those provisions of the Revised Statutes of 1829, but did not address the Prison Association’s incorporating act. The Prison Association’s statutory authority thus became a matter of controversy between the Prison Association and the prison inspectors after passage of the 1847 prison law.

Prison Inspectors and the Prison Association Battle for Authority

face of a prisoner

The Prison Association of New York and state prison inspectors fought vigorously over creating public knowledge about prison conditions. In a letter to the newly elected state prison inspectors on December 24, 1847, the Prison Association requested to meet with the inspectors to discuss the duties of the Prison Association. The inspectors ignored the Prison Association’s request. In August, 1848, a committee of the Prison Association attempted to inspect Sing Sing prison, but the warden turned them away.^ The Prison Association, after again seeking but failing to get support from the inspectors, initiated a mandamus proceeding with the New York Supreme Court.^ Meanwhile, the state inspectors and the Prison Association offered competing warnings and accusations in their reports to the New York legislature.

The state prison inspectors warned the legislature that the Prison Association lacked responsibility. With respect to the Prison Association’s claim to authority, the state inspectors noted:

If the claim be valid to the extent preferred, an irresponsible committee of an irresponsible society may at any time supercede the authority of the prison officers, suspend the jurisdiction of the Inspectors of state prisons, and take the management of the affairs of the prisons into their own hands. …In the most favorable view it presents a power extremely liable to abuse.

The inspectors gained their positions through a publicly established, well-recognized process of public elections. The inspectors suggested that the process by which Prison Association members gained their position was a less secure basis for authority:

Among the members of the New York Prison Association are doubtless many gentlemen of superior intelligence and enlarged philanthropy; but there is no security that such will always constitute its committees of prison examination. Discharged convicts from the prisons may become members of the Association, obtain an appointment upon its committees, and thus become vested with the supreme authority over the institutions whose cells they recently tenanted. Or a certain grade of criminal lawyers, ever ready to engage in profitable business employment, may seek the position to enable them to drive an advantageous traffic in the procurement of pardons.

The inspectors also argued that if the Prison Association was meant to compete with the inspectors, the structure of this competition should be better regulated:

If desirable to establish an authority adverse to that conferred upon the Inspectors – a kind of opposition line – or even concurrent jurisdiction, it is respectfully suggested that its powers be accurately defined and limited, and that it be held responsible for the consequences of its acts, and the Inspectors and officers of the prisons relieved from that responsibility.^

That the authority of the Prison Association wasn’t accurately defined appears to have been a practical political strategy of the New York legislature. The state prison inspectors’ concerns about responsibility were primarily formal. They did not address the actual differences in inspection practices between the state inspectors and the Prison Association.

The state prison inspectors attacked the Prison Association for circumstances beyond the Prison Association’s responsibility. The inspectors associated the Prison Association’s authority with descriptions of prison conditions prior to January, 1848, and their own authority with descriptions of subsequent conditions. January, 1848, was the date when the elected prison inspectors assumed their offices. According to the prison inspectors, prior to their taking office:

For some years previous to January 1848, the Prison Association exercised an undue influence in the management of the Sing Sing prison. Whatever the members of that association may have designed to accomplish, their labors were certainly unattended with any benefit to the State, the prison, or the convicts. At that time the prison was found to be nearly fifty thousand dollars in debt, and upwards of three hundred convicts were without productive employment. Notwithstanding the lash was freely used, and sometimes to an inhuman extent. the cruel lacerations of which were witnessed by officers and members of that association, yet the discipline could scarcely have been in a worse condition. … Iterant phrenologists were introduced to examine the heads of convicts by way of ascertaining if they had been rightly convicted, and the entire prison seemed to have been surrendered to the wild and senseless speculations of sham philanthropists and hollow hearted fanatics.

The inspectors spoke highly of prison conditions established under their authority:

We doubt if there is a penal institution in the world, in a better condition in every point of view, than the Sing Sing prison at this time. In the moral department, our chapels are crowded upon the Sabbath by attentive, and apparently interested congregations, and the bible, prayer-book, and useful standard works have been substituted for French romances and essays about association and fourierism.^

This exaggerated contrast vastly overstates the influence of the Prison Association. It indicates primarily the inspectors’ antagonism to the Prison Association’s efforts to create public knowledge about prison conditions.

The Prison Association warned the legislature that the state prison inspectors’ interests affected the public knowledge that those inspectors produced. The Prison Association stated:

whatever of good they {the inspectors} have performed will be extolled beyond its desert; while the wrongs they have permitted, the duties they have neglected, and the abuses they have suffered, are reported as the necessary adjuncts of discipline, or what is more likely, passed over in silence. …we believe no instance can be furnished in which the Inspectors have ever reported their own failure in duty. But can it be supposed that no such exists?^

The Prison Association noted that its reports had documented abuses that the prison inspectors had failed to report. While the prison inspectors accused the Prison Association of lacking responsibility, the Prison Association asserted that the absence of independent sources of knowledge about prison conditions allowed the inspectors to act irresponsibly:

The contumacy of the Inspectors effectually frees them from all responsibility to the great court of final resort – Public Opinion. It is the peculiarity and the glory of our form of government, that it knows no secrets. Alike in theory and practice, the right of every citizen to a knowledge of the acts and doings of those in office, is recognized. …Our three State Prison Inspectors thrust themselves upon the public gaze, as the sole monopolists of secret and irresponsible power. Of their own acts, are they to be considered competent investigators?^

The Prison Association understood itself to be providing the public with knowledge about prison conditions. They in effect sought to act as inspectors of the prison inspectors’ work.

The Prison Association emphasized that, to function effectively, it must examine prisoners without prison officials present. This was a practical component of the dispute between the Prison Association and the prison inspectors. The Prison Association argued:

The only appearance of even a momentary suspension of authority is while the prisoner, confined in his cell, with all the bolts and bars in their places, converses for some two or three minutes with a member of the committee. Is this abstracting him from the control of the officers?^

According to the Prison Association, excluding prison officials from conversations was necessary to bring information to the public:

The prisoner dare not disclose all his knowledge and tell all his grievances before a keeper. The very cruelty and oppression of which he might have been the victim, would visit him with a vengeful weight for his disclosures. In his keeper’s presence therefore his mouth is sealed; or rather, by the hope of favors and indulgences, he is tempted to conceal and gloss over, unpalatable truth.^

Although we attach but little value to the uncorroborated testimony of convicts, we still believe that it will afford a clue, and perhaps in many instances, the only clue, by which abuses can be discovered and exposed. We therefore insist on the importance of a personal and private examination of every prisoner

The Prison Association’s style of communicating with prisoners, an “examination,” emphasized knowledge acquisition:

an examination, to be sure, which in nine cases out of ten, perhaps, may be commenced by the question, Have you anything you wish to communicate to the committee? and terminated by the answer, No, nothing.^

This is not the style of ordinary communication among friends and family. At least according to the Prison Association’s expressed understanding of its work, its members did not communicate with prisoners as a friend would. In their “personal and private” communication with prisoners, Prison Association members functioned as authoritative, alternative media bringing hidden information to the public.

The New York prison inspectors from the beginning of 1848 prevented Prison Association members from meeting with prisoners without a prison official present. This failure dispirited members of the Prison Association:

Debarred for four years by the opposition of the Prison Inspectors, from the exercise of their rights and duties of Independent examination of the State Prisons, some of the gentlemen formerly devoted to the work contemplated by our organization have withdrawn from the Association, preferring other fields of philanthropic labor, where their time and energies would not be wasted in fruitless litigation and contest with those who should be aids and advocates.^

The Prison Association nonetheless “resolved to do with their might what their hands find to do, for the rescue of the fallen and friendless, and their restoration to themselves and to society.” Most prisoners probably were not friendless, although their friends generally were not among the mighty. Suppressing prisoners’ communication with their friends made it more difficult for prisoners to maintain friends to whom they would be restored upon release.

Prison Association of New York Discounted Prisoners’ Personal Communication

face of a prisoner

The annual reports of both the Prison Association of New York and the New York State prison inspectors include statements from prison chaplains affirming the value of prisoners’ communication with family and friends. In the first annual report of the prison inspectors, the chaplain at the Auburn State Prison noted:

The privilege of hearing occasionally from friends exerts a beneficial influence upon the mind of the convict, and should be allowed to a moderate extent. … The privilege of communicating with friends keeps alive and strengthens the attachment which the prisoner feels for home and its inmates, and operates as a powerful stimulus for good behavior while in confinement.^

The fifth annual report of the Prison Association included a report from the Auburn State Prison chaplain emphasizing the important of prisoners’ communication with family and friends:

A close observation for the last two years, of the effect of letter writing upon the minds of the convicts, has served to increase the conviction formerly expressed, that the practice is decidedly beneficial in its tendency, and ought not to be discontinued, nor diminished to any considerable extent. The effect of entire non-intercourse would be extremely injurious to all who have friends, especially so to those who are possessed of ardent temperament, and also to those who are confined on long sentences.^

The chaplain’s statement suggests that he perceived a threat that such communication would be curtailed. Chaplains in other prisons in New York, New Jersey, and Pennsylvania also strongly endorsed the value of prisoners’ communication with family and friends.^

In seeking to improve the condition of prisoners, the Prison Association was much more interested in creating knowledge than in encouraging prisoners’ communication with family and friends. The Constitution of the Prison Association listed under six headings the general duties of the Committee on Prison Discipline. One heading was “Visitation,” meaning committee members visiting prisons. Another heading was “Reformation,” which included topics such as “instruction, religious and ordinary,” “rewards and punishments,” “pardons,” and “visitation of friends.” With respect to this last topic, the Prison Association’s Annual Report for 1845 stated:

Besides those whose admission is provided for by the statute {which included Prison Association visitors}, and such distinguished strangers as visit for the purpose of investigation, none should be admitted into our prisons but the particular friends, and near relatives of the prisoner, and those only at distant and stated periods.^

Subsequent annual reports omitted the topic “visitation of friends.” A questionnaire for prison officials included under the title “miscellaneous” a question about regulation of visits and correspondence with prisoners.^ In general, the Prison Association’s annual reports showed little concern for prisoners’ visiting and corresponding with family and friends. The Prison Association’s institutional interest in creating public knowledge much more directly concerned state prison officials attempting to restrict Prison Association visits with prisoners.

Edmonds Reversed Course As Sing Sing Prison Inspector in Mid-1840s

face of a prisoner

In April, 1843, the governor of New York appointed John W. Edmonds inspector of the Sing Sing State Prison.^ Sing Sing was suffering from large financial deficits and lax prison discipline. Edmonds had no prior experience in prison administration. Drawing perhaps on his legislative and military experience, Edmonds instituted a program of sharp fiscal retrenchment and strict prison discipline. To implement these changes, Edmonds brought back to Sing Sing Elam Lynds, a prison administrator widely known for maintaining absolute order through intimidation and frequent, brutal floggings. Angry citizens burned Edmonds in effigy for his reappointment of Lynds.^

Edmonds subsequently became an vigorous advocate for prison reform. As Edmonds studied penal literature, visited other prisons, and saw the effects of Lynds’ actions, his judgment of good penal practice changed. He sought to limit flogging and joined with the other inspectors to remove Lynds from the prison. Within two years, Edmonds had become President of the Board of Inspectors of Sing Sing and a knowledgeable, active prison reformer.^

John Edmonds Led Founding of Prison Association of New York

face of a prisoner

John Worth Edmonds led the founding of the Prison Association of New York State. In a notice to the public, dated November 23, 1844, Edmonds, then President of the Board of Inspectors of Sing Sing, wrote:

The undersigned has been directed by the Board of Inspectors of the State Prison at Sing Sing, to invite the attention of the benevolent to the destitute condition of discharged convicts.^

Edmonds obscured in this statement his agency and his broader concerns. The latter emerged two days later when Edmonds joined with sixty-two others, including prominent New York public figures, to call for the formation of a prison association. Its intended objectives were “the amelioration of the condition of prisoners,” “the improvement of Prison Discipline generally,” and relief for discharged convicts. In response to this call, “a large and highly respectable number of citizens” met in New York City on December 6, 1844.^ The meeting was at the Apollo Rooms, No. 410 Broadway. This prestigious venue was the site of the first concert of the New York Philharmonic on Dec. 7, 1842. The Apollo Rooms held about 600 persons. The formation of the Prison Association of New York evidently was a major, well-organized public event.

At the Apollo meeting, Edmonds formally proposed to form a Prison Association. Edmonds then delivered a long address describing the hardships of discharged convicts, different systems of prison discipline and their effects. He presented statistical comparisons with other states and countries and described the importance of classification and instruction of prisoners. Within eleven days of Edmonds’ formal proposal, the Prison Association of New York had established a Constitution, By-Laws, and Officers. Edmonds was a Vice-President of the Prison Association, Chairman of the Executive Committee, and a member of each of the four committees that were established.^ Manuscript evidence testifies to Edmonds central role in establishing the Prison Association:

The drafts of the circulars calling the first meeting were in his {Edmonds’} handwriting, and so are the programmes for the first and other public meetings of the Society. The draft of the Charter {of the Prison Society} is in his handwriting^

Edmonds apparently was unsatisfied with his potential for public action as the President of the governor-appointed Board of Inspectors for Sing Sing. In less than a month, Edmonds created a new institutional basis from which he could seek to improve the prison system.

Edmonds combined civic leadership of the Prison Association with official offices. Edmonds remained a member of the Board of Inspectors until February, 1845. He was then appointed a judge for the First Circuit of New York.^ Edmonds continued to serve in high judicial offices and as an officer of the Prison Association until 1853.

John Worth Edmonds’ Family

face of a prisoner

John Worth Edmonds, who led the founding of the Prison Association of New York, came from a family that had already achieved prominence in public life. Edmonds’ father, Samuel Edmonds, was a soldier who rose from private to assistant commissary during the Revolutionary War. Upon discharge at the end of the war, Samuel Edmonds settled in 1784 in Hudson, New York (then called Claverack Landing). He was one of the first settlers and worked as a merchant. Samuel served as a member of the New York State Assembly in 1803, a Judge of the Court of Common Pleas in 1810, and Paymaster General of the New York State Militia during the War of 1812 and for several years afterwards.^ ^ These are similar offices to those that his son John would later hold.

Edmonds’ mother, née Lydia Worth, was a member of a prominent Quaker family. Her father, Thomas Worth, was also one of the first settlers of Hudson. Her brother Gorham A. Worth took over Samuel Edmonds duties as Paymaster of the New York State Militia and was president of the New York City Bank from at least 1844 to 1851.^ ^ Gorham Worth served as the first Treasurer of the Prison Association of New York.^ Another of Lydia Worth’s brothers, William J. Worth, rose to the rank of general in the U.S. Army by 1842. He became famous for his military leadership in the Mexican-American War.^ ^ Lydia Worth’s nephew Thomas Worth Olcott ran the Mechanics’ and Farmers’ Bank in Albany.^ These prominent family members probably contributed to John Edmonds influence in public life.

Samuel and Lydia’s marriage in 1784 challenged Quaker norms. According to family lore, Edmonds’ mother Lydia:

had been “read out” of the Quaker meeting when she married a soldier, but was readmitted upon her promise never to do it again.^

This story gains sharpness given that Samuel Edmonds first married in 1784 Lydia’s sister Ruth. She died in childbirth. He then in 1786 married Lydia. Marriage to the soldier Samuel Edmonds’ was thus a situation that the Worth family faced twice. The story of Lydia’s marriage shows personal relationships trumping a community norm.

John Edmonds grew up in a large family. His parents Samuel and Lydia probably had eight children. Their son John Worth Edmonds was born in 1799. He carried on the name John from a son who had died earlier. The name Worth was of course his mother’s family name. John was a middle child with surviving older sisters and younger brothers. At least four of John’s siblings were alive in 1851. Lydia and Samuel’s youngest child, Francis William Edmonds, became a well-known banker and painter. After John’s father’s death in Hudson in 1826, his mother lived with John in Hudson until her death on November 20, 1841.

John Edmonds also had a full family in his marital life. About 1820, John, then twenty-one years old, married Sarah, whose family name isn’t known. They had three daughters living in 1851. At that time, two of their daughters were married with children and one was in boarding school. Sarah and John also had one son who died in 1826 at age two. In addition, they had at least one other child who died before 1851. John undoubtedly had extensive experience of ordinary communication with family members in daily home life.

John and his brother Francis exchanged letters from at least 1823 to 1861. John was seven and a half years older than Francis. John achieved considerable public acclaim while Francis was a young man. Francis looked up to John:

Letters written between 1823 and 1829 show the young man {Francis} to have been much inclined toward personal improvement, and to have looked upon his elder brother as a worthy critic and role model. He self-consciously uses their correspondence as a means to improve his writing style and intellectual development, and mentions writing projects he is at work on.

Their letters include instances of personal intimacy, but they “reveal little of marriage or home life.”^ Nineteenth-century obituaries and biographies of John and Francis Edmonds typically include no information about their siblings, wives, and children. That probably reflect a convention of written communication at the time, rather than unimportance of familial relations to those men personally.

John Worth Edmonds’ Eminent Career

face of a prisoner

John Worth Edmonds, who led the founding of the Prison Association of New York, moved among the elite in early nineteenth-century New York. Edmonds attended private schools and prepared for college at the Hudson Academy in Columbia County, New York. After graduating from New York’s Union College in 1816, Edmonds studied law with George Monell, Joseph D. Monell, and Abraham A. Van Buren. George Monell, who resided in Cooperstown, became Chief Justice of Michigan. Joseph Monell, who lived in Hudson (the county seat of Columbia County), was prominent in legal and political affairs. At least the latter, and probably also the former, were sons of Dr. George Monell, a prominent physician who lived in Hudson. George Monell was one of the organizers of the Union Pacific Railroad.^ Abraham Van Buren was Martin Van Buren’s brother. Martin Van Buren grew up in Kinderhook in Columbia County. Martin Van Buren became President of the United States in 1837.

From the fall of 1819 to May, 1820, Edmonds worked as a law clerk for Martin Van Buren in Albany. He lived with Van Buren’s family and became Van Buren’s life-long friend. Edmonds was admitted to the Columbia County Bar in 1820. He then began practicing law in Hudson.

Edmonds participated in a variety of activities over many years in his native place. In 1818, Edmonds became a lieutenant in the 47’th infantry regiment for Columbia County. Edmonds rose to captain by 1821.^ He retired from service in the infantry regiment at the rank of colonial about 1828.^ Edmonds practiced law in Hudson from 1820 through at least 1824. Edmonds was also active in the Democratic Party. In 1824, leading Democratic Party members chose him to be editor of the Hudson Gazette.^ Edmonds served as a vestryman for the Christ Church Parish in Hudson from 1821 to 1824^, commissioner for the construction of a courthouse in Hudson in 1835^, and as the first Chief Engineer for the volunteer Hudson Fire Department until 1837.

Edmonds held important political offices. In 1827, New York Governor De Witt Clinton appointed Edmonds to the office of Recorder of the city of Hudson.^ In 1830, Edmonds was elected as a Democrat to the New York State Assembly. In 1831, he was elected by a large margin to the New York State Senate. He achieved prominence in the Senate. In the Senate, he served on the joint committee on South Carolina’s claim to tariff nullification, as chairman of the Committee on Canals, as chairman of the Bank Committee, on the Court for the Corrections of Errors, and as Senate President. Edmonds was also a leading member of the Albany Regency, an influential political network that Martin Van Buren developed. Edmonds resigned from the New York Senate in 1836 reportedly for health reasons.

Immediately after resigning from the Senate, Edmonds accepted U.S. President Andrew Jackson’s appointment to serve as a United States Commissioner for a peace treaty between the U.S. and the Ottawa and Chippewa Indians. The summer of 1836 Edmonds spent camping among native Americans. He learned several of their languages. As a United States Commissioner, Edmonds also investigated a disturbance involving the Potawatamie people in Indiana. He took testimony concerning the claims of their creditors and issued a resolution of these claims.

After working in the West on Indian affairs, Edmonds became a successful New York corporate lawyer. In the autumn of 1837, Edmonds moved to New York City and established a law practice there. A biography of Edmonds written in 1851 observed, “He almost immediately found himself in an extensive and profitable business, among the merchant princes of the commercial emporium.”^ In 1838 and 1839, Samuel J. Tilden, another native of Columbia County, served as a law clerk to John Edmonds in New York City. Tilden became a highly successful corporate lawyer, Governor of New York State in 1874, and was nearly elected U.S. President in 1876. Edmonds helped to tutor Tilden in law and spent much time discussing politics with him. Edmonds and Tilden subsequently helped each other develop their careers.^

Edmonds was both industrious and passionate. In his first session as a New York legislator in 1830, Edmonds wrote reports that impressed observers calculated could fill “a printed volume of 600 octavo pages.” Like many bureaucrats, Edmonds was also intensely passionate. In 1831, one of Edmonds political opponents described Edmonds as being in his youth a “violent and determined politician.” Edmonds’ political opponent then tendentiously observed:

But from his present course, it would be supposed that he has tempered his strong feelings, and as the hey-dey of his youth passes away, his judgment will, no doubt, prevail entirely over his feelings. If this should be the case, and he does not lose his praiseworthy industry, he must hereafter stand high among our distinguished men.^

Edmonds remained both industrious and willing to engage in fierce arguments. About the beginning of 1833, Edmonds supported a report denouncing the doctrines of nullification and succession. An observer noted:

This report, when it came up for consideration, was very vehemently assailed by five or six of the strongest men in the senate, and was defended by Mr. E. {Edmonds} alone. The contest lasted nearly a week, resulted in the triumphant adoption of the report, and placed New-York on the high ground, on the side of the Union and its integrity.^

Edmonds, with Samuel Tilden, Martin Van Buren and others, formed about 1842 a staunchly anti-slavery faction that split the Democratic Party. They were called “barnburners” in reference to a farmer who would burn down his barn to get rid of rats inside. As a politician and a lawyer, Edmonds demonstrated that he had the ability and desire to study a subject, develop an informed position, and win support for it.

Edmonds also achieved prominence as a judge. On February 18, 1845, Edmonds was appointed circuit judge for the First Circuit of New York. In June 1847, he was elected to Justice of the New York Supreme Court. The judicial reforms that the Constitutional Convention of 1846 enacted increased the workload of Supreme Court Justices.^ Edmonds’ distinguished himself in this difficult job:

it is remarked by all, that he transacts a greater amount of business, in a given time, than any jurist who has ever been upon the bench in the city of New-York.^

Edmonds was elevated to the Court of Appeals, New York State’s highest court, in 1852. Throughout his judicial career, Edmonds continued to serve in addition as an officer of the Prison Association of New York. By 1853, Edmonds’ private character and judicial repudiation were beyond impeachment, and his “ability, integrity, and judgment were beyond dispute.”^

John Edmonds’ Communicative Practices

face of a prisoner

John Edmonds, who led the founding of the Prison Association of New York, had strong non-familial personal relationships. He had a life-long friendship with Martin Van Buren. Van Buren was older and even more politically prominent than Edmonds. Edmonds also cultivated relationships with younger and less prominent persons. A profile of Edmonds in a law journal in 1851 noted:

With the younger members of the bar Judge E. is an especial favorite. He always receives them with words of kindness and encouragement, and hears them with patience. By the rising generation of lawyers – those who must, in a score of years hence, be the masters of the field now occupied by their seniors, he will be long and affectionately remembered^

In 1860, nine of Edmonds’ law students, “wishing to circulate more widely the high intellectual and religious standard that {he} set,” requested that Edmonds publish an “address delivered before us.” The students wrote:

In making this request, though not unmindful of your public career, our hearts turn instinctively to that closer social and scholastic relation which your unlooked-for kindness and beneficence have instituted between us, and which gave rise to the address we now solicit; by reason of the one, you must feel that you are entitled to our highest esteem; in consequence of the other, you know that you enjoy our warmest affection.^

While Edmonds devoted a large amount of time and energy to his career, he evidently also made time to teach young lawyers and win their affection. He in turn valued their friendship. Edmonds’ final wishes included:

I want as bearers at my funeral those who have been students of mine, viz.:

  • Judge Amasa J. Parker of Albany;
  • Judge Claudius I. Monell
  • Samuel J. Tilden
  • Wm. H. Field
  • Samuel G. Jolliffe
  • Thomas Allison, lawyer, New-York
  • Herbert Smalls, lawyer, New-York
  • G. W. Lyon, District Attorney’s Office
  • Charles P. Shaw, lawyer, New-York
  • Israel L. Gosling, lawyer, New-York^

Edmonds undoubtedly had many friends and appreciated friendship.

John Edmonds spent considerable time personally communicating with held and released prisoners. On February 22, 1851, Edmonds explained in a letter to the Executive Committee of the Prison Association:

I have, myself, stood day after day, for hours at a time, at the doors of the cells of the prisoners, listening to the details of human depravity and human suffering, until the sickness of the heart was even more intolerable than the weariness of the body. Still it was a duty which our experience told us ought not to be omitted, and which our Association rigidly exacted from those upon whom they devolved the duty of examination.^

While Edmonds connected this experience of communication to the “duty of examination,” his description highlighted listening rather than examining.

Edmonds also personally communicated with released prisoners. The Recording Secretary of the Prison Association, who had access to Edmonds’ personal papers, stated in a memorial sketch of Edmonds:

A most voluminous correspondence has been preserved, showing his care for and interest in individual cases. Both while on the bench and afterwards, when in full practice at the bar, he hunted up persons who had been discharged; he visited them at their lodgings; he advised with them; he sought out their friends; he obtained for them employment.^

Edmonds tended to depreciate “sentiments of pity and of good will to men”; he favored “sober results rather than emotional or pathetic impressions.” An acclaimed authority on penal reform, Edmonds emphasized science and expertise in treating prisoners:

the care and treatment of criminals…must be pursued upon scientific principles. The reformatory treatment and discipline of criminals is a department of social science.^

Edmonds probably helped to establish in New York about 1872 a system of supervision of released prisoners. The prisoners were required to pledge to follow certain rules, to write a helper every two months, and to report to this person any changes in residence or employment.^ This system was a forerunner of the current parole system.

Edmonds communicated extensively with prisoners, but he described that communication as a matter of duty and science. He considered the ultimate aim of prison reform to be a state in which “prison-keeping and all penal discipline, were in the hands of broad-minded and enlightened experts, free from embarrassing relations to political strife, and the selfish aims and dictation of partisan leaders.”^ That aim reflected the values and interests of elite public reason. That aim biased Edmonds’ understanding of his own communicative practices.

John Edmonds’ Communication with His Dead Wife Sarah

face of a prisoner

John Edmonds, a prominent public figure in mid-nineteenth-century America, grieved deeply at the death of his wife Sarah. She died on November 12, 1850.^ John had been married to her for more than thirty years. While he served on the Executive Committee of the Prison Association, his wife “Mrs. J.W. Edmonds” had served on the Executive Committee of the Female Department.^ After Sarah’s death, John described her as having been “the one most near and dear to me on earth.”^ Edmonds subsequently lived at home without any immediate family members present. For a month or two after his wife’s death:

He {Edmonds} slept very little during the time, it frequently occurring that he would not retire to bed at all during the night.^

Edmonds described his condition in January, 1851, thus:

I was at the time withdrawn from general society; I was labouring under great depression of spirits. I was occupying all my leisure in reading on the subject of death, and man’s existence afterwards.^

The Prison Association that John Edmonds had helped to found and lead was at this time engaged in an extended, frustrating, and unsuccessful battle with state prison inspectors over communication with prisoners. Edmonds’ personal and professional circumstances after his wife’s death were conducive to a mental breakdown.

About that time, Edmonds began to communicate with spirits of the dead. In December, 1850, only about a month after his wife Sarah’s death, Edmonds had an experience that most persons could easily image: “he distinctly heard the voice of his wife, speaking a sentence to him.”^ In the presence of a medium in early 1851, Edmonds experienced sensations like those he had probably experienced for years:

I was touched a number of times, first in my neck, by a gentle push, as with the ends of fingers. This was repeatedly done. I was patted on the head many times as if by a gentle female hand. As I sat by the table, I felt a hand gently laid on my head and moved around, and the last touch was several gentle taps on my arm.^

Across the next year, intimate acquaintances perceived spiritual communion with the dead to have transformed Edmonds’ character:

From being irascible and excitable at times, he has become calm and moderate; from being, occasionally, stern and unyielding, he has become kind and gentle; from being a doubter as to the future, he has become well-grounded in the belief of man’s immortality and his redemption through the mercy of God.^

During 1852, more than a year after Edmonds began spiritual communion with the dead, he was, according to a spiritualist source, “calmly adjudicating in the Court of Appeals, at Albany.”^ Other sources provide a much different picture more consistent with Edmonds’ character and full life. Nonetheless, spiritual communion with the dead probably did help Edmonds to cope with his grief, disappointments, and doubts.

Edmonds’ communication with his dead wife allowed him to experience again her presence. Recognizing Edmond’s deep grief after Sarah’s death, Edmonds’ professional colleagues erected a monument in the Hudson cemetery in her memory. The monument, probably inscribed according to Edmonds’ direction, included on one side “an enumeration of her virtues.” At the monument’s base was an epitaph:

Pleurez, pleurez, mes yeux
Et fondez vous en eau,
La moitie de ma vie
A mis l’autre au tombeau.
{Weep, weep, my beloved one
And dissolve yourself with tears,
Half of my life
Has put the other half in the grave.}

John did not remarry after Sarah’s death in 1850. In 1873, sick and expecting his imminent death, Edmonds wrote:

I wish to be buried in Hudson, in the same grave with my wife, not by her side, but in the same grave, that our ashes may mingle, and be one on the earth, as our souls will be one in the spirit world.^

Edmonds could communicate in the style of presenting facts of a case or enumerating virtues. But what he seems to have sought in communicating with his wife Sarah was communion — being together.

Edmonds considered spiritual communion with dead family and friends to be possible for everyone. In 1904, a lawyer and local historian who grew up in Hudson wrote of Edmonds:

He had an affection for relatives that had died that seemed almost abnormal. …It is said that Judge Edmonds was often seen standing beside his wife’s grave conversing with her.^

Edmonds himself did not consider his affections and his actions abnormal. Edmonds argued that spiritual intercourse offered “the restoration of our friends to us from beyond the grave”:

Spiritualism teaches that our dear ones deposited in the grave are not separated from us. They are manifesting their warmest affection for us, and demonstrating that that affection, instead of being quenched by the grave, has been augmented and increased by the spiritual life into which the lost ones have entered.^

Fyodor Dostoevsky, who spent four years in a Siberian prison camp, used death as a major figure for imprisonment in his 1860 fictional chronicle, Notes from the House of the Dead. Edmonds’ concern for communication with prisoners may have contributed to his imagination of spiritual communication with the dead.

Edmonds’ Empirical Validation of Spiritualism

face of a prisoner

Although the eminent nineteenth-century public figure John Edmonds began spiritual communication with his wife, he soon expanded spiritual communication beyond ordinary communication with family and friends. Edmonds studied spiritual communication with all the earnestness of a modern, professional scholar:

To that inquiry I have directed my earnest attention, devoting to the task for over two years all the leisure I could command, and increasing that leisure as far as I could by withdrawing myself from all my former recreations. I have gone from circle to circle, from medium to medium, seeking knowledge on the subject wherever I could attain it, either from books or from observation, and bringing to bear upon it whatever of intelligence I have been gifted with by nature, sharpened and improved by over thirty years’ practice at the bar, in the legislature, and on the bench.^

Professed doctrine on spiritual communion was to Edmonds conflicting and unsatisfying. He sought evidence from primary sources and carefully assembled documentation and references:

It was in January, 1851, that I first began my investigations, and it was not until April, 1853, that I became a firm and unquestioning believer in the reality of spiritual intercourse. During twenty-three months of those twenty-seven, I witnessed several hundred manifestations in various forms. I kept very minute and careful records of many of them. My practice was, whenever I attended a circle, to keep in pencil a memorandum of all that took place, so far as I could, and, as soon as I returned home, to write out a full account of what I had witnessed. I did all this with as much minuteness and particularity as I had ever kept any record of a trial before me in Court. In this way, during that period, I preserved the record of nearly two hundred interviews, running through some 1,600 pages of manuscript.^ (cf. ^)

With skepticism and concern for fraud, Edmonds carefully evaluated experience specifically organized to demonstrate spiritual communion. He began with the Rochester Knockings that the Fox sisters conducted.^ ^ Edmonds soon became engaged in communication with the dead spirits of prominent U.S. public figures: Henry Clay, Daniel Webster, Benjamin Franklin, and John C. Calhoun. He also communicated extensively with Emanuel Swedenborg, an eighteenth-century Swedish scientist, philosopher, and mystic. Underscoring his interest in empirical science, Edmonds engaged in spiritual communication with Francis Bacon, an early seventeenth-century philosopher who contributed greatly to the development of empirical science.

Late in 1853, Edmonds, along with his principal co-investigator, George T. Dexter, published Spiritualism. This 505-page book provided a verbatim text of what they claimed to be their communication with eminent public figures. Edmonds was the primary author of this book. The first eighty pages consist of Edmonds’ introduction and his appeal to the public (dated Sept. 1, 1853). Dexter provided a second, nineteen-page introduction. Edmonds edited and wrote out in full all the communications with spirits that made up the rest of the book. This book attracted widespread attention, sold briskly, and went through at least nine printings by 1854.