ART. X.

1. Report from the Select Committee on Secondary Punishments, ordered by the House of Commons to be printed, June, 1832; with Notes and Appendix by the Committee of the Society for the Improvement of Prison Discipline. London: Longman, Rees, and Co. 1833.

2. A Treatise on the Modern System of Governing Gaols, Penitentiaries, and Houses of Correction, with a view to Moral Improvement and Reformation of Character; also a Detail of each Department of a Prison; together with some Observations on the State of Prison Discipline at Home and Abroad, and on the Management of Lunatic Asylums. By Major JAMES PALMER, one of the Inspectors-General of Prisons in Ireland. Dublin Holden. 1832.

In the early periods of British history, the only question which was entertained by the Legislature or the Government, in reference to criminals, whose offences were not capital, was their punishment. The prescribed penalty due to a crime being fulfilled, the offender was left to himself, and might return, if he pleased, from his imprisonment in the same dispositions as he had on coming in.

But experience proved that, in this mode of treating prisoners, a most valuable opportunity of changing the moral character of the offender was lost. Hence, an attempt was gradually made, and an organized plan was ultimately employed, for the purpose of establishing regulations, with the view of reforming criminals, and deterring them from crime.

But, notwithstanding Acts of Parliament were passed, and the exertions of numerous private individuals, as well as of societies, were put into activity, crime still continued to thrive more luxuriously than ever. The Parliamentary Committee, whose report is now before us, state this in express words. They say, that they have no hesitation in declaring, after the fullest inquiry, that it is impossible for any but the most degraded criminal, to be confined, even for a short period, within the walls of any prison, as at present regulated, without injury to his morals; that the most virtuously constituted mind would find it difficult to escape contamination: but that where moral and religious principles are but feebly implanted, their total overthrow may be expected.

This is a sad conclusion to come to, after so many years, such labour and treasure have been expended, for the purpose of producing a totally different state of things.

It is evident that one reason why no improvement has taken place is, that those whose duty it is to apply practically the laws relating to gaols, neglect their duty, and persevere in the habits t VOL. I. (1833) No. III.

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which they are accustomed. Thus we find how very trifling an alteration has been made in the prison of Newgate since the passing of the prison laws. In the teeth of the law, male convicts of all classes in Newgate are kept in a state of entire idleness; they receive no instruction as the law enjoins they should: the law says that a separate bed, hammock, or cot, should be provided for each male prisoner, in a separate cell, or in a cell with not more than two other men in it; and yet, what is the actual practice? It is this, that the prisoners, except those capitally convicted, sleep on barrack bedsteads, and in large rooms where many are assembled together. The law prohibits to all prisoners any other than the gaol allowance; but the inmates of Newgate are allowed to receive provisions, and even beer. At the New Prison, Clerkenwell, the barrack bedsteads occupy a space not exceeding 390 feet in length; there must have been periods of the year when no more than sixteen inches could be allowed to each person for sleeping room. The prisoners there are shut up at night, and no control whatever is maintained over their speech and actions.

To remedy such evils, a system of classification has been established. But its application has proved altogether abortive, insomuch, that the Parliamentary Committee have come to the conclusion that no other alternative remains, than "that prisoners, when committed for trial, should be placed in light solitary sleeping cells, provided with employment where practicable, and furnished with moral and religious books; that, although they should be strictly confined to their cells at night, and while at their meals, they should be allowed to receive visits from their friends, under proper superintendence, and also to walk in the airing-yards of the prison, in company with the other untried prisoners, under the constant and vigilant superintendance of a turnkey."

The mode of punishment adopted in prisons being highly objectionable, in the opinion of the Committee, on account of its inefficiency, its inequality, and its tendency to demoralize, instead of to improve, they recommend that hard labour, accompanied by solitary confinement, should be substituted for the present mode of punishment, which consists of hard labour alone. The course, then, which the Committee wishes to see adopted is, that each prisoner should be confined in a light solitary cell, except while at hard labour; that, in going to and from the scene of labour, they should not be allowed even to exchange a whisper, and that contrivances should be made at the wheel, whereby all communication between any two of the prisoners would be effectually prevented.

The Committee likewise propose, that no prisoner be allowed to receive visits from his friends, or hold intercourse with them, except by letter, unless in special cases, which are to be determined by the magistrates; that, when in their cells, the prisoners should be kept silent, for which purpose a turnkey must constantly perambulate the galleries of the prison; books, moral and religious, and

other improving occupations, should be provided for the prisoners in those intervals when they are not engaged in hard labour.

With respect to the Penitentiary at Milbank, the Committee approve of its condition and efficiency in general; but it proposes some alterations, which appear to be necessary to the object of its institution.

The hulks form a branch of the Committee's inquiry, on which they pronounce the most unqualified reprehension, as being altogether opposed to the principles most essential to be maintained, namely, the separation of criminals, and a degree of punishment sufficiently severe to cause it to be dreaded by them. That this is the case, will be evident from the following description, which is merely a faithful summary of what has been declared on oath :

The average number of prisoners usually confined on board a convict ship is from 80 to 800. The ships are divided into wards, each containing from 12 to 30 persons; in these they are confined when not at labour in the dock yard, and the evil consequences of such associations may easily be conceived even were the strictest discipline enforced. But your Committee are informed, that so far is that from being the case, the convicts, after being shut up for the night, are allowed to have lights between decks, in some ships, as late as ten o'clock; that, although against the rules of the establishment, they are permitted the use of musical instruments; that flash songs, dancing, fighting, and gaming take place; that the old offenders are in the habit of robbing the new comers; that newspapers and improper books are clandestinely introduced; that a communication is frequently kept up with their old associates on shore; and that occasionally spirits are introduced on board. It is true that the greater part of these practices is against the rules of the establishment; but their existence in defiance of those rules, shows an inherent defect in the system. But the indulgence of purchasing tea, bread, tobacco, &c. is allowed, the latter with a view to the health of the prisoners; the convicts are also allowed to receive visits from their friends, and during the time they remain, are excused working; and it is stated, that instances are frequent of their exemption from labour being extended to several days at the request of their friends. It is obvious that such communication must have the worst effect; it not only affords an indulgence to which no person in the situation of a convict is entitled, but it allows the most dangerous and improper intercourse to be kept up with his old companions, from whom it is most important to disconnect him. The most assiduous attention on the part of the ministers of religion, would be insufficient to stem the torrent of corruption flowing from these various and abundant sources; but, unless the evidence of three witnesses is utterly unworthy of belief, it appears that but little attention is paid to the promotion of religious feelings, or to the improvement of the morals of the convicts, and that, except for a short time on Sunday morning, the chaplains have no communication whatever with them.-pp. 18-19.

Indeed, so easy, quiet, and congenial, is the life of a criminal at the hulks, that it is said, in the vulgar language of the thieves, to be a pretty jolly life," and not a few of the persons examined

agreed in stating, that many free labourers would be very glad to exchange places with them. The Committee proposes that all prisoners sentenced to transportation, should be ultimately sent out of the country, and that all convict establishments should henceforth be nothing more than mere intermediate stations between the gaol and the place of banishment.

In considering the subject of penal colonies, the Committee strongly testify their sense of the necessity of continuing the system of transporting to distant colonies criminals whose offences do not deserve capital punishment, but of whose morals there is no hope of improvement at home. Indeed, the example of the United States of America, which is without colonies, and cannot therefore dispose so easily of its culprits, is quite enough to illustrate the policy of maintaining so important a resource. Speaking of the manner in which transported criminals are treated when they arrive at the place of settlement, the Committee call attention to one particular abuse, which more than all they seem, very justifiably, we must say, most zealous to extinguish. The class of convicts that have given most trouble and uneasiness to the government of the Australian colony, consists of what are called gentleman convicts, that is to say, persons of education, who have filled the offices of clerks or agents at home. These persons are usually, on their arrival at Sydney, provided with lodgings, as the local government did not think it suitable to place them in the convict barracks with felons of an inferior class. Many of these persons have been put into public offices, others have been allowed to be engaged in the families of settlers, either in the capacity of clerks or of tutors, and many more, not finding employment, have been left on the hands of government. General Darling, out of an amiable commiseration for these ill-fated innocents, actually formed an establishment, at a distance of two hundred miles from Sydney; but the expense, in these times, of such a luxury, would not be borne by the mother country, and the asylum for these genteel scoundrels was suppressed. It is truly marvellous how such palpable stupidity could be found in the character of any man selected by an enlightened government for the discharge of a responsible office. General Darling never foresaw, and never perhaps contemplated, the possibility of the advantageous condition of those felons in the colonies being a temptation to others at home to follow their example. But such really was the case. The recommendations of the Committee, with respect to this abuse are, that all such convicts should be first sent to the convict establishments in the dock-yards at home, and that having been habituated to hard labour there, they should then be sent to the colonies, to be subjected to labour in the service of the settlers. The Committee likewise recommends, that convicts. in the service of Government be strictly confined to their barracks at night, and in separate cells.

In the suggestions which the Committee offer occasionally for

remedying the abuses pointed out by them, it will be observed, that a reference is usually made to the practice of the United States of America. In that country, the system of penitentiary discipline consists of solitary confinement at night, hard labour by day, the strict observance of silence and attention to moral and religious improvement. In the prisons at Auburn and Sing-Sing in the State of New York, and Weatherfield in the State of Connecticut, the following is the diary of the proceedings which take place:

At sunrise the convicts proceed in regular order to the several workshops, where they remain under vigilant superintendance till the hour of breakfast when they repair to the common hall. When at their meals, the prisoners are seated at tables in single rows, with their backs towards the centre, so that there can be no interchange of signs. From one end of the workrooms to the other, upwards of five hundred convicts may be seen, without a single individual being observed to turn his head towards a visitor; and not a whisper is heard throughout the apartments. At the close of day, labour is suspended, and the prisoners return in military order to their solitary cells; where they have the opportunity of reading the Scriptures, and of reflecting in silence on their past lives. The chaplain occasionally visits the prisoners in their cells, instructing the ignorant, and administering the reproofs and consolations of religion. The influence of these visits is described to be most beneficial, and the effect of the entire discipline successful in the prevention of crime, both by the dread which the imprisonment inspires, as well as by the reformation of the offender.

Another system of penitentiary discipline practised in the United States, is of a more formidable character, the severity of which has excited considerable opposition. It is enforced at Philadelphia and Pittsburg, in the state of Pennsylvania. The main feature by which it is distinguished from the government at Auburn, consists in the enforcement of solitary confinement by day as well as by night. It was originally intended that this per petual solitude should be inflicted at the Philadelphia Prison without any relief arising from manual labour, but the Commissioners appointed to revise the penal laws of Pennsylvania were adverse to the experiment. This system has now been in operation for the last two years; and it must be allowed that although the the plan is in some respects objectionable, the serious apprehensions to which it has given rise have not been realized.pp. 40-41.

A correspondent of the London Prison Discipline Society gives the accompanying account of the results of a visit to the State Penitentiary:

The first prisoner whom we were locked up with was a man confined for a second offence of horse-stealing. On his first conviction he had been imprisoned in the Walnut-street gaol; we found him hard at work weaving, and very ready to answer every question we put to him; he fully acknow ledged his crimes, and explained the motives which first led him into error. We asked him how, having once suffered for the violation of t