only let the criminal free on proof of amend- a portion of Scripture was expounded, and I have ment; fixing no limit to imprisonment, but much pleasure in saying, that I never saw greater that of public safety; modifying, however, decorum and apparent sympathy in scriptural feelthe rigidness of the discipline; in short, self they were at all times obedient, attentively ings than on all occasions of worship. To mytreating the incorrigible as mad, or at least anticipating my wishes, and in every way conas constitutionally or organically vicious. ducted themselves to my satisfaction; indeed their If society could tolerate the notion, in the manner did not cease with their leaving the ship, first place, in its present mood, and, in the for I subsequently experienced it from them, second, the expense, it would certainly be wherever I met them in the colony. As a proof protected by this mitigated Draconism, for of the confidence I had, on arriving at Hobarttown, I volunteered to take them on to Port Phillip the hopelessly incorrigible would die out without any guard, civil or military. I feel quite with no worse treatment than that under positive, that if I had had a thousand such men, which Messrs. Oxford and Macnaghten do they would have been readily engaged within the not groan. 99 66 week. During the ninety In the Appendix to the fourth Report on days I spent in the Port Phillip district, I visited the Model Prison is a letter from Mr. Hamp- various parts of the country within a hundred ton, who took out 345 Pentonville people, in the fields and on the roads, &c., some as shepmiles of Melbourne, frequently meeting the exiles in the Sir George Seymour, in October, herds, some as laborers in the charge of wool carts, 1844, containing a very curious account of and one as a bullock-driver. They seemed to a their amusements and occupations. The man satisfied with the treatment they received from convicts seemed to have profited amazingly the country gentlemen; and I was glad to find that by their education in the prison, judging there was general satisfaction expressed by the from the topics on which they" lectured" latter. A petition was be"advantages of education," " use and abuse ing signed for the purpose of inducing the home of music," "comparative anatomy," " Eng- and expressing their readiness to bear the half of government to continue sending out these servants; lish history," "origin of names, ""astro-any expense it may cost to send out their wives nomy, poetry," ""the duties of domes- and children also. With respect to the number of tic servants," "architecture." No doubt men that might annually find employment in the many of the lecturers were previous adepts, district of Port Phillip, I should say at least 4000 for, alas, the prison has its scholars as well-I have been told the double, by persons of exas its clowns. But the thirst for know- perience-and I have no doubt that in a few years, ledge increases very greatly in the cell, and as the stock increases at the rate of one hundred per cent. annually, they will require the larger it is rapidly imbibed. We have had access number. At present the sheep are put into flocks of to some other letters from gentlemen in 4000 and upwards, from the want of persons to charge of convicts, which bring the story of attend them in the proper divisions of 100 each, the experiment down to the present year. much to the injury of the feed and stock." For example, Mr. Baker (an amiable and We have also on our desk a whole sheaf judicious surgeon of the Royal Navy) writes of epistles, from exiled convicts to their thus, to the Governor at Pentonville, from friends at home, and from these we shall sePort Phillip, May 9, 1847 :lect such specimens as will afford clearer no"The exiles, taking them as a whole, behaved tions of their lot than anything we could well during the voyage, but there was a marked substitute. difference. I had three times the number of Pentonville men that I had from Milbank-and the Milbank offenders were very much more in number and out of proportion, and their crimes more serious. I cannot account for this; they were, with one or two exceptions, rather younger than the Pentonville men, but apparently older in iniquity, and required constant watching on my part to keep them from making a disturbance when below; they in fact had not the quiet, social gregarious habits of the Pentonville men." No. 1. Geelong, Port Phillip. "REV. SIR,-I beg to be excused for taking the liberty of addressing myself to you, but I feel it my bounden duty to return you my sincere and humble thanks for all the instruction and many good advices I have received from you, which I hope have not been altogether in vain. "Since my arrival in this colony, I have had an opportunity of observing the general conduct of many of the first P. P. exiles, and I am happy to say that many seem to have profited by their late afflictions, and to live an upright and honest life; but on the other hand, I am sorry to say that some appear to be almost past recovery, and to have forgotten all the good resolutions and the many solemn promises made whilst in their solitary life, which is not the case in England. But still there is no place like home. Though I have a large share of what ought to make life happy, good wages, plenty to eat and drink, and very little to do, still my thoughts are fixed upon home." No. 3. cell. The same is to be observed in the case of my own shipmates: some keep the narrow path which they entered first, perhaps under your instruction and guidance, and others have thrown off all regard for religion, and fear neither God nor man. Two of my shipmates absconded from my master; but they were taken in a few days, and got three months in Melbourne jail. But with these discouraging news, as they must be to you, be not discouraged in your good work; but persevere, putting your trust in the Lord, for your labor shall not be in vain. I beg to remain your hum-lease for three years, which is capable of accomble servant, "To the Rev. J. Kingsmill." No. 2. Reg. 514. "DEAR PARENTS,-I am doing very well at present, carrying on the business of a boarding establishment. I have taken my premises on a modating thirty people, and nearly that number I have now in my house; two milking cows, one goat, fowls, ducks, &c., all which I keep for my own use, and L.50 cash in the bank, besides my household goods and cooking utensils, which are worth L.100. I have to thank God for his lasting kindness in preserving me, and carrying me through so many trials and temptations over the vast trackless ocean. "Jan. 30, 1847. "DEAR MOTHER AND RELATIONS, I write these few lines hoping they will find you all well, as they leave me. I have now been in this colony "Dear Friends, the country I am in is certainly six months, and I have seen a little of the bush. a very fine one in many respects-plenty of work At first I thought a life in the bush would agree-no one to do it, and excellent wages given to well with me; but a country life here is quite every one. Even a common laboring woman in different from a country life in Britain. It is very my house gets L.20 per year and everything found lonesome here, the houses being so far from one them; even myself, I am giving a man cook L.26 another. My next door neighbor is three miles per year, his food, lodging, and washing found off, where we are obliged to go two or three times him, and the lowest terms for washing clothes is a day, often upon any little errand; but three 3s. per dozen. I wish you could but come out to miles are thought no more of here than 300 yards me, you would never regret it, especially my in England. I very seldom see any fresh faces. sisters; there is every prospect of their doing well In Britain the merry church bells are to be heard and making a fortune. I stand the heat very well on Sundays in all directions; but here there are indeed, and I like the country, though not so well no churches, only in the towns, and they are few as my own England. I should before now have and far between. I am thirty miles from the sent you a little money; but I do not know where nearest place of worship, which is a mission sta- you are, or whether you are living or dead, by not tion. The natural result of the absence of places having a letter from you. Depend upon it, dear of worship is, that there is very little difference relations, I will not forget you, now I have it in between Sunday and another day. It is a common my power to do so. A long and happy life to saying that Sunday don't cross the Breakwater you, my dear parents and affectionate sisters." (which is a bridge near Corio); but public-houses are to be met with in all directions, and they are the ruin of hundreds in this colony, wine and spirits being very cheap No. 4. "Corio street, Geelong, Port Phillip. "It is now the end of winter here, and very "MY DEAR WIFE,-I am happy to inform you pleasant weather it is. The rain sometimes pours that I have been fortunate enough to get into a down in torrents for six or seven days together comfortable shop, where I am getting my thirty without stopping, and hailstones as large as mar- guineas a year, board, lodging, and washing. I bles sometimes break windows, and even kill have been at work for eight weeks, and, thank the small birds. The thunder-storms are awful,-the Lord, I am very comfortable indeed. My dear flashes of lightning follow each other so rapidly Hannah, I dare say you have been waiting with that it seems one continual blaze,-the thunder an anxious heart, to know of my safe arrival. roars, the rain pours down in torrents, the wind We had a long passage, better than four months tears up trees by the roots,-in short, it is enough before I set my feet on dry ground; but thanks to make the stoutest heart tremble, and forces at be to God for his mercy towards us, for bringing least an awful reverence for nature's God, who me, I may suppose, into one of the finest countries rules and governs all, at whose words the fiery in all the world. Dear Hannah, my master has elements are pacified, the rains and wind cease, been trying if he could get you and the children and pleasant summer once more takes their place. out free, but I am sorry to say that he cannot. I If God give me health, I shall be able to save at shall be able to send L.28, if I have my health, least L. 50 in four years, when, please God, I and it will take L.20; but, my dear wife, I should sball return to my injured friends. I have had not feel comfortable for you to come out by your very good health since my arrival here; and this self, it is a long passage for you and the two dear is a country where there is plenty of work for children. If you could get Mary Ann, or your everybody, and where there is no want, and all brother John, as they might do wonderful well enjoy the necessaries, and even the luxuries of here. A female servant is looked upon here in a 460 PRISON DISCIPLINE. [April, very different light to what they are in England. | plenty to eat and drink, for I have an abundance. They are getting from L.20 to L.30 a year, and I had to cook my master's dinner, and he said it men-servants from L.30 to L.40. Even a com-was the best dinner he ever ate. They are very mon farming lad gets his L.20 or L.22 a year. partial to me, and he leaves me in charge of the You may depend that I should be glad to have you shop to sell any thing that may be asked for. over. It is true that I have been sent out of the We have three shops, so that I and two more country against my wish: but you could come stop in this one; and, my dear wife, I will do different to that. It would be to our advantage to him justice, because he is deserving of it. Now, be together, because less would do for us than to my dear beloved wife, I wish you all a happy be separate. this may find you alive and my blessed children, new year, and many of them. God grant that as it leaves me this night, thank God for it. Forgive me, my dear wife, the ill that I have done you, and I hope it will be in my power soon to the present, till we shall meet again, to part no assist you. God bless you all, and farewell for more." "Dear Hannah, I have not told you of my freedom-I am as free as ever I was in England. No one ever looks upon me as a prisoner-quite the reverse; but I cannot leave the colony until my time is up. "You can go to Mr. Kingsmill, and let him read my letter, for it was his wish, and it is no more than my duty, for he was a kind fatherly gentleman to me; and I am happy to say that I am able to go to my church every Sunday, which I know he will be glad to hear. Those dear children have set a mark upon my heart that I can never forget, for my daily prayer is for you and the dear little creatures. If alive, they must be grown to beautiful children. I wish I could send them a few parrots, for they fly about like pigeons; you may buy them of the natives for 6d. each. They are very handsome indeed; in fact the country abounds in such sort of birds. No. 5. 'Melbourne, in Port Phillip, March 1847. to inform you that Mr. "MY DEAR AND AFFECTIONATE WIFE,—I have children here; they came out in the Spartan' has got his wife and barque, from London, a month after our arrival, and are quite well, and doing very comfortable. My dear, allow me to say with truth, it was not riches and wealth, which she could have ob"The snakes are death, if not taken in time, but it was pure love that she had for a poor faltained, had she have stopped with her friends; and rarely got over. They are things that I hate len one, whom it hath pleased the Almighty God very much; but I am not up in the country where to raise again, that made her come out the four they are; for it would be awful for me to go months' voyage to him. My dear, I trust that amongst the natives, for they are cannibals. there is some share of that pure love that did They met one of the first lot of men that came once exist left for me, and cause you and my from Pentonville; they made him strip, and then dear child once more to make me happy. My felt him. A very fine thing for him that he was dear, I did think that I should have received a not fat enough for them, so they let him go again. letter from you before this time. My dear, liv. But they are not so savage where I am; so doing is so cheap, that a man, his wife, and a famnot let this frighten you on coming out. My ily of four children may live for 10s. a week, dear Hannah, I think you would like the place and have meat three times a day. My dear, the very much if you were only in it. The time shipwright's pay is from 7s. to 8s. a day. If you seems long to me, and always will, till I can get cannot get friends to fit you out and our dear with you again; and, my dear, I hope there is a child for the voyage, write, and that as soon as better prospect than ever there was in England, possible, and I have no doubt it will be in my and by the time my twelve months is up that I power to remit you what you may require for shall be as good a tradesman as my master. Of the purpose. You will, if you please, remem course I could not take my work as a man that ber me to Mr. Kingsmill, a kind and benevolent had been brought up to the trade, but, thank God, Christian. Tell him I am quite well, and by the I get on remarkably well. My master is very blessing of the Lord and my perseverance, I well satisfied with me. He is a teetotaller, and trust that I shall prosper, and once more be the so am I, and mean to be so till I have got you means of supporting and making happy and over. My dear Hannah, we live most excellent-comfortable my wife and child. Thank him for ly. I went to-night to the butcher's, and bought all his kind admonitions to me. a leg of mutton, 8lbs. weight for 16d. Three spects to Mr. Woodcock, my instructor. I hope Give my reof us sat down to tea off it, cut up in chops, and he and his family are quite well." the rest we put away for breakfast, please God we are all spared. "I always think of you and my beloved chil- we have quoted, arrived this year in AustraWhen Mr. Baker, one of whose letters dren-bless their pretty hearts. thousand kisses for me, and tell my dear little with the exclamation, “We have all tumGive them a lia Felix, one of his former charge met him Johnny I shall want him soon to work as a tinker bled on our legs, sir. He soon found this to with me. It is as good a trade as any one in the colony; for earthenware is very dear here. A be the truth. Within fifteen months the mateacup and saucer is 6d. the commonest, so that jority of those whom he had formerly carried they all use tin. I hope you have spent a com- out were well off. One could afford to pay fortable Christmas. My dear, I hope you have 1501. of rent for an inn; several had houses costing 30l. to 401. per annum. Melbourne, alone, or even aggregating them in numbers the capital had added 3000 souls to its po- disproportionate to the honest part of the pulation. The bush teemed with its deni- community, is both a blunder and a crime. zens. 'Boats full of these enterprising men The expedient of scattering convicts over came along side the ship, eager to hire farm- the face of the globe, smuggled under the laborers and other servants." Such was name of exiles into colonies whose laws forthe demand, that the contractor for govern- bid their entrance as criminals, is an acknowment works refused to take up any further ledgment on the part of the executive of the engagements, in consequence of the very principle of dispersion, on that of the colohigh rate of wages. A long list of Penton-nists of their willingness to receive such men ville men, with their wages, their masters, as laborers. At home it is found that the and location, is now before us, which would reformatory discipline has disposed friends raise the envy of many an honest struggler and employers to receive again into their at home-board, lodging, and 251. to 30. circle of society the convicted and chastised a year. The large proprietors being short criminal. Other than our penal colonies of emigrant-hands, and without prospects might perhaps be induced to revise their of getting them from home, were sending laws, and permit the introduction of transvessels to Polynesia for natives, sixty of ports as laborers in aid of emigration; we whom had already been located on one gentleman's property (Mr. Boyd's). all know that most of these are crying out for hands, and can we tell why those of the reformed criminal must be less useful at the Cape, in Canada, in New Zealand, than in Australia Felix ? Here then is a labor-market which, it is plain, would for many years absorb thousands upon thousands of our population; and, from the nature of the country, it af- But then the expense !—the expense! In fords that great desideratum of criminal our anxiety to save money, we forget to management the power of dispersion. look at the cost of our criminal population at Thoughtful men, however, have been star- home. Here, however, is Mr. Rushton, the tled at the enormous advantages which this new system offers to criminals, and which seems to make punishment look very like reward: head of the police department at Liverpool, ready to furnish us with the bill. He finds that the cost of fourteen young criminals who ran their career at home averaged at least 100 guineas a head-independent of "I entirely agree," says Lord Denman, "in the expense of transportation for ten of them, the opinion that advantage should be taken of and irrespective of the value of their depreimprisonment to inculcate principles of morality, dations on the community; while from but I greatly dread the effects of giving them 1833 to 1841 the total cost of seventy-seven benefits and privileges which they never could boys put into the Reformatory Asylum have hoped for but from the commission of crimes. I own myself extremely jealous of the at Stretton, was exactly 10261. Of these gratuitous instruction of the felon in a trade merely seventy-seven boys, forty-one were effectubecause he is a felon, and of the displacement ally reformed: of the honest from employment by his success in obtaining it." "If you divide the cost," adds Mr. Rushton, by the number reformed, it will be found that whilst our Liverpool system has cost 100 guineas each case, and that ten of the fourteen have been transported, it has cost only 25 guineas in the asylum where forty-one out of the seventy-seven have been reformed."-Report on Crim. Law, p. 192. These words, we venture to say, will be recalled hereafter. They open a most grave question. Meanwhile, not to wander from our own immediate object, it seems to be the opinion of all the Superintendents, that under the discipline of the Separate System, with its industrial and moral training, and According to our present system of punishthe subsequent deportation of criminals to a ment, the prison-population is in a perpetugood labor-market, the great majority are re-al circulation of contamination and crime. claimed. Transportation so conducted, and First, poor, neglected, or brought up to the with such results, is not likely, in the pre- trade of crime; next, in custody and before sent state of public feeling, to want its pow- the courts thence to the prison and hulks, erful supporters; we need not, we think, and from these again thrown among their doubt that it will be retained as a secondary old associates, till the ame necessities and punishment. We have abundant proof, temptations once more reproduce them behowever, that colonizing with "rogues" fore the judge. In this way, not less than 600 of the present inmates of prisons in to a term of imprisonment, a part of which England and Wales have been committed term shall not be absolute, but capable of each from four to ten times. In 1839 the being diminished by good conduct in the exact number was 5573. The cost of each jail. A similar power, they think, should prisoner in our county-jails is about 261. be given to the presiding judge or magisa year, or 10s. a week. In the model-pri- trate on an ordinary trial. (Appendix, p. son, the net annual cost is 281. per man, 24). after deducting his earnings, or 331. exclu- The treatment of convicts, after they sive of such deduction. On these data, have undergone the discipline of the SepaMr. Baker* has estimated the expenses rate System, is offered by the executive to us charged on the country by a convict sen- under a two-fold aspect. First, that of "extenced to ten years' transportation-say ile," the history of which we have traced; one of Mr. Rushton's juveniles, who had and which saves all the expense of convict previously cost Liverpool 100 guineas in maintenance subsequent to deportation. detections and prosecutions. The convict Secondly, that of the "gang system" which, will cost, on an average— Eight weeks in the county jail £4 4 Eight weeks in Milbank Passage to Van Diemen's Land 17 Four years' maintenance in Van Die men's Land 80 £105 we believe, is in contemplation. It is, no doubt, hoped that, having previously undergone the discipline of the Separate System, the culprit will not deteriorate by being kept in constant communication with his fellows alone;-but experience is certainly against the hazarding this experiment. If such a mass of convicts be kept congregated, what the inevitable difficulties of maBy the previous processes then he had nagement must be, may be learned from cost 100l. and it requires another hundred the evidence of the Bishop of Tasmania to transport him :-the sole advantage to the and others. The terror of their superincountry, his absence from it: the moral part tendents and the ferocity of the gangs of of the question sunk altogether. Under the Van Diemen's Land may perhaps be mitiSeparate System, including that eighteen gated, but cannot be annulled anywhere. months' training at Pentonville which gives If again they are to be fractioned and diso fair a chance of becoming an useful citi- vided and scattered both at home and zen, the cost will be just 2421.—the differ- abroad, wherever public works are requir ence is forty pounds! ed, this limited dispersion will be less obThe old plan for cheapness was in one jectionable, but still it must be onerous and word the gallows. That is happily over expensive. But there is yet another very for the present. May not a more humane serious point to be kept in view. If some and not less efficient plan be found, viz. 4000 or 5000 felons per annum are in future abridge the costs by arresting the career? not only to be retained within our shores Obsta principiis is the soundest of maxims during their term of sentence, but on its exin criminal legislation. To effect this the piration are to be at once let loose among arm of justice must still be terrible at first. us- -the contemplation of such a nucleus of The evidences of the Judges affords a strik-doubtful virtue among our population-a ing unanimity as to the uselessness of short nucleus so rapidly swelling-is, we conimprisonments; at least six months are ask-fess, somewhat startling. The unstained ed, if you desire to reform the culprit; less poor are struggling for occupation in our than that is harmful. The arm of the law crowded community; is it likely that the must also be strengthened, and Baron Parke branded and notorious gangsman will be and Mr. Justice Pattison suggest, as respects received and treated ad eundem? And juveniles-1. To give magistrates a power if not, where is he? and what has he to do of summary jurisdiction with the interven- here, homeless in a crowd?* tion of a small jury: the offender, his parents, or guardians, having the power of "It appears that the chief town of Norway is objecting to the jurisdiction, and electing a trial in the ordinary way instead. 2. To give the magistrate the power of sentencing "A Plan for Emigration for diminishing Crime and Misery, and for saving Public Money," MS., which we trust may be rendered public. so injuriously affected by the proportion which the in thirty-that the inhabitants have been called liberated convicts bear to its population-nearly one upon by the police to provide the means of their own security from such persons. In France, where between 7000 and 8000 convicts are liberated yearly, the superintendence of the police (surveillance) and the compulsory and fixed residence of the con |