1. That the Convict under sentence of death should, for the sake of Public Justice, (and to deter others from the commission of crimes) discover all his accomplices, and the robberies, or other crimes he has committed.

2. That he should be transported; or make retribution to the parties he has injured by being kept at hard labour for life; or until ample security shall be given for good behaviour after such retribution is made.

The precaution not having been used of knowing for certain, before pardons were granted, whether the parties were fit for His Majesty's service or not; the Convicts themselves carefully concealing every kind of bodily infirmity;—and the pardons containing no eventual condition of ultimate Transportation, in case the persons should be found unfit for the Army or Navy;—the result has been, that many Convicts, who have been since actually Thieves upon the Town, were almost instantly thrown back upon the Public.—Some, even before they were attested by the Magistrate, in consequence of the discovery of bodily incapacity; and others, in a very short time after they had gone into His Majesty's Service, from the like unfitness being discovered; from some artful device practised to procure a discharge—or from desertion.—A professed Thief is never deficient in that species of artifice and resource which is necessary to rid him of any incumbrance.

This, however, is seldom taken into the calculation when Humanity urges philanthropic Characters to interest themselves in behalf of Criminals; nor could it perhaps otherwise have been known, or believed, that so many of these outcasts of Society have found means again to mingle with the mass of the people.

What impression must these facts make on the intelligent mind!—will they not warrant the following conclusion?

1. That every individual, restored to Society in this way, is the means of affording a species of encouragement, peculiarly calculated to bring others into the same dreadful situation, from which the unhappy Convict is thus rescued.

2. That for this reason every pardon granted, without some lesser punishment, or removing the convicts from Society, is a link broken in the chain of justice, by annihilating that united strength which binds the whole together.

3. That by removing the terror of punishments by frequent pardons, the design of the Law is rendered in a great measure ineffectual; the lives of persons executed are thrown away, being sacrificed rather to the vengeance of the Law than to the good of the Public; and no other advantage is received than by getting rid of one thief, whose place, (under present circumstances,) will speedily be supplied by another.[137]

Nothing can sanction the punishment of death for crimes short of murder, but the terror of the example operating as the means of prevention.—It is upon this principle alone that one man is sacrificed to the preservation of thousands.—Executions, therefore, being exhibited as seldom as a regard to the public interest really required, ought to be rendered as terrific and solemn to the eyes of the people as possible.

The punishment now in use, considered in point of law to be next to that of deprivation of life, is Transportation.

It has been already mentioned that Parliament authorized this species of punishment in the year 1718—when the general plan of sending Convicts to the American Plantations was first adopted. This System continued for 56 years; during which period, and until the commencement of the American War in 1775, great numbers of Felons were sent chiefly to the Province of Maryland. The rigid discipline which the colonial Laws authorized the masters[138] to exercise over servants, joined to the prospects which agricultural pursuits, after some experience was acquired, afforded to these Outcasts, tended to reform the chief part; and after the expiration of their servitude, they mingled in the Society of the Country, under circumstances highly beneficial to themselves and even to the Colony. Possessed in general (as every adroit thief must be) of good natural abilities, they availed themselves of the habits of industry they acquired in the years of their servitude—became farmers and planters on their own account; and many of them, succeeding in these pursuits, not only acquired that degree of respectability which is attached to property and industry; but also in their turn became masters, and purchased the servitude of future Transports sent out for sale.[139]

The Convicts having accumulated greatly in the year 1776, and the intercourse with America being shut up, it became indispensably necessary to resort to some other expedient; and in the choice of difficulties the System of the Hulks was suggested, and first adopted under the authority of an Act of the 16th of his present Majesty.

The Legislature, uncertain with regard to the success of this new species of punishment, and wishing to make other experiments, by an Act of the same Session,[140] empowered the Justices of every county in England to prepare Houses of Correction for the reception of Convicts under sentence of death, to whom his Majesty should extend his Royal Mercy, to be kept at hard labour for a term not exceeding ten years.

The same Act, among many other excellent regulations, ordered the Convicts to be kept separate, and not allowed to mix with any offenders convicted of crimes less than Larceny—and that they should be fed with coarse inferior food, water, and small beer, without permission to have any other food, drink, or cloathing, than that allowed by the Act, under certain penalties:—they were to be clothed at the public expence.

And as an encouragement to these delinquents, while such as refused to work were to receive corporal punishment, those who behaved well had not only the prospect held out of shortening the period of their confinement, but also were to receive decent clothes, and a sum of money not less than forty shillings, nor more than five pounds, when discharged.

This well-intentioned Act[141] (which certainly admits of many improvements), was followed up, three years afterwards, by another Statute, (19 Geo. III. cap. 74,) which had two very important objects in view.

The first was to erect, in some convenient common or waste ground, in either of the counties of Middlesex, Essex, Kent, or Surry, Two large Penitentiary Houses, the one to hold 600 male, and the other 300 female Convicts, with proper storehouses, workhouses, and lodging-rooms; an infirmary, chapel, and burying-ground; a prison, kitchen, garden, and air-grounds: with proper offices, and other necessary apartments.

The expence of these grounds and erections was to be paid out of the treasury; and his Majesty was empowered to appoint three persons as a Committee of Management for regulating the Establishment; under the controul of the Justices of the Peace of the County, and Judges of Assize, with power to appoint a clerk, governor, chaplain, surgeon, or apothecary, store-keepers, and task-masters; and also a matron for the females;—and to allow salaries to each, which were to be paid out of the profits of the work, to be performed by the Convicts.

As soon as the buildings should be completed, the Court, before whom any person was convicted for a transportable offence, might, in lieu thereof, order the prisoner to be punished by confinement, in any of these Penitentiary Houses, there to be kept to hard labour in the proportion of 5 years instead of 7 years' transportation, and not exceeding 7 years in lieu of 14 years' transportation; limiting at the same time the number of Convicts to be sent annually from the Circuits in the Country, and from the different Sessions in the Metropolis.

This Act lays down various specific rules for the government of the Establishment, and for the employment of the Prisoners; and the following works, as being of the most servile kind and least liable to be spoiled by ignorance, neglect, or obstinacy, are selected, namely—

The food of the different offenders, as in the former Act, was limited to bread and any coarse meat, with water and small beer; and the Prisoners were to be cloathed in uniform apparel, with badges affixed, agreeable to the Institution.

Certain other rules were established for the discipline of the house, under the direction of the Committee to be appointed by his Majesty; who were to attend every fortnight, and to have power to reward such offenders as should appear most diligent and meritorious, by giving them a part of their earnings, to be applied for the use of themselves end families.

And when an offender should be discharged, decent clothing was to be delivered to him; with a sum of money for present subsistence, not less than twenty shillings, nor more than three pounds.

The second purpose of this Act (and which is the only part of it which was ever carried into effect), regards the continuation of the System of the Hulks.

It declares that for the more effectual punishment of atrocious male offenders liable to be transported, the Court may order such Convicts as are of proper age, and free from bodily infirmity, to be punished by being kept on board ships or vessels; and employed in hard labour in raising sand, soil, and gravel, and cleansing the River Thames, or any other river, or port, approved by the Privy Council; or in any other works upon the banks or shores of the same, under the direction of superintendants approved of by the Justices, for a term not less than one year, nor more than five; except an offender be liable to transportation for 14 years, in which case his punishment may be commuted for 7 years on board the Hulks.

The mode of feeding is the same as already explained, and the clothing is to be at the discretion of the superintendant. A similar discipline, varied only by local circumstances, is also established; and on the discharge of any of the convicts, they are to receive for present subsistence from 20s. to 3l. according to circumstances.

The concluding part of the Act obliges the governors and superintendants of the two Establishments to make annual returns to the Court of King's Bench: and also authorizes his Majesty to appoint an Inspector of the two Penitentiary Houses, of the several vessels or hulks on the River Thames, and of all the other gaols and places of criminal confinement within the City of London and County of Middlesex; these Inspectors are personally to visit every such place of confinement at least once a quarter, to examine into the particulars of each, and to make a return to the Court of King's Bench, of the state of the buildings—the conduct of the officers—treatment of the prisoners—state of their earnings and expences—and to follow up this by a report to both Houses of Parliament, at the beginning of each Session.

It is much to be lamented that neither of these two salutary Acts, so far as regarded National Penitentiary Houses, which seemed to hold out so fair a prospect of employing convicts, in pursuits connected with productive labour, industry, and ultimate reformation, without sending them out of the kingdom, have been carried into execution. In the year 1784, the System of Transportation was again revived, by the Act of the 24th Geo. III. Stat. 2. cap. 56; "which empowers the Court, before whom a male Felon shall be convicted, to order the prisoner to be transported beyond seas, either within his Majesty's dominions or elsewhere; and his service to be assigned to the contractor who shall undertake such transportation."

The same Act continues the System of the Hulks for a further length of time; by directing the removal of Convicts, under sentence of death, and reprieved by his Majesty, and also such as are under sentence of Transportation (being free from infectious disorders) to other places of confinement, either inland, or on board of any ship or vessel in the river Thames, or any other navigable river; and to continue them so confined until transported according to law, or until the expiration of the term of the sentence should otherwise entitle them to their liberty.

This plan of Transportation, through the medium of contractors, although some Felons were sent to Africa,[142] does not appear to have answered; from the great difficulty of finding any situation, since the Revolution in America, where the service of Convicts could be rendered productive or profitable to Merchants, who would undertake to transport them; and hence arose the idea of making an Establishment for these outcasts of Society in the infant colony of New South Wales, to which remote region it was at length determined to transport atrocious offenders.—Accordingly, in the year 1787, an Act passed, (27 Geo. III. cap. 2,) authorizing the establishment of a Court of Judicature for the trial of offenders who should be transported to New South Wales.

Another Act of the following year, (28 Geo. III. cap. 24,) empowered his Majesty, under his Royal Sign Manual, to authorize any person to make contracts for the Transportation of offenders, and to direct to whom security should be given for the due performance of the contract.

By the Act of 30 George III. cap. 47, the Governor of the Settlement may remit the punishment of offenders there: and on a certificate from him their names shall be inserted in the next General Pardon.

Under these various legislative regulations, the two Systems of Punishment, namely, the Hulks and Transportation to New South Wales, have been authorized and carried into execution.

The System of the Hulks commenced on the 12th day of July, in the year 1776; and from that time until the 12th of December 1795, comprehending a period of nineteen years, 7999 Convicts were ordered to be punished by hard labour on the river Thames, and Langston and Portsmouth harbours, which are accounted for in the following manner:

1. Convicts ordered to hard labour on the River Thames, from 12th July 1776, to the 12th January, 1778  2024
2. Convicts, under sentence of Transportation, put on board the Hulks on the River Thames, from 11th January, 1783, to 12th December, 1795 4775 
3. Deduct, under sentence of Transportation, put on board the Hulks in Langston and Portsmouth Harbours, received from the Hulks at Woolwich, on the 20th of June, 1791 466 
   4309
Additional Convicts sent from different prisons to Portsmouth and Langston from 1791, to 1st December, 1795 1200 
To which, add those from Woolwich as above 466 
   1666
  Total7999
Of the above convicts there have been   
Discharged1610  
Pardoned790  
Escaped130  
  2530 
Removed to other Gaols 17 
Transported to New South Wales 2207 
Died[143] 1946 
  6700 
And there remain in the Hulks on the Thames523  
And at Langston Harbour776  
  1299 
Total as above7999

By a subsequent account laid before the Select Committee of the House of Commons on Finance, and stated in Appendix, M. of their 28th Report, dated the 26th of June, 1798, it appears that the number of Convicts stood thus:

In the Hulks on the Thames, at Woolwich501
At Portsmouth948
Total1449

Besides 415 under Sentence of Transportation in the different Gaols, making in all 1864.

From the same authentic Documents, (pages 115, 116,) it appears, that of these Convicts, the following numbers will be discharged upon Society in the succeeding 13 years:[144]

  Portsmouth. Woolwich. 
In1800140 115 
 1801106 43 
 1802127 26 
 1803107 46 
 1804149 77 
 180533 3 
 18061 1 
 18071 1 
 18081 1 
 18091 0 
 18101 0 
 181110 4 
 18121 0 
   678 317
For life 76 22 

RECAPITULATION.

Convicts discharged from the Hulks, from 1792 to 1799 inclusive (See page 98 of this Treatise)1383
To be discharged from the Hulks at Langston chiefly in 6 years678
From Woolwich, chiefly within the same period317
Total2378

In the same authentic Documents, namely the Appendix (L. 1 & 2) page 103 of the 28th Report of the Select Committee on Finance, a Statement is given of the Expence which has been incurred by Government, "for or in respect of the Conviction, Confinement, and Maintenance of Convicts, from the 1st January, 1775, to the year ending the 31st December, 1797," of which the following is an abstract:

1 Jan.1775to 1 Jan.1776paid at the Exchequer£. 8,66000
177617777,9501610
1777177813,676145
1778177917,939180
1779178022,29211
1780178121,0340
1781178218,686190
1782178322,320109
1783178417,669311
1784178531,5551811
1785178632,343177
to 7 March 17869,353170
 To 31 December 178622,282184
  178733,92797
  178834,059148
  178962,656155
  179046,86546
  179143,84090
  179222,300127
  179325,403160
  179425,7513
  179514,1957
  179636,17479
   1797}{19,5061511
   1797}{12,57400
Total Expence of Convicts in the
Hulks, from the Commencement
of the System to 1 January 1798
£.623,022145

The Contractors for the Convicts at Woolwich and Langston Harbour, (as appear from documents laid before the House of Commons) entered into an agreement with the Lords of the Treasury obliging themselves for the consideration of 1s. 3d. per day, (being 22l. 16s. 3d. a year for each Convict,) to provide at their own cost or charge, one or more Hulks, to keep the same in proper repair, to provide proper Ship's Companies for the safe Custody of such Convicts; and sufficient meat, drink, clothing and medical assistance, for the Convicts; as also to sustain all other charges (excepting the expence of the Chaplain, Coroner, and bounties to discharged Convicts;[145]) obeying, at the same time, all the orders of his Majesty's Principal Secretary of State for the Home Department, respecting the Convicts. A subsequent contract was made at 14½d. which reduced the expence to 22l. 1s.d. per man: and which is the allowance made to the present Contractors.

The terms of these contracts appear to be as favourable for Government as could reasonably be expected, under all circumstances; and it would appear, that some advantages are reaped by the Public, as the documents laid before the House of Commons in 1792 and 1798, shew that the labour performed by the Convicts is productive in a certain degree.—The following Statements explain how their labour is valued:—

From the 1st of January 1789 to the 1st of January 1792, it appears that 653,432 days' work had been performed at Langston Harbour, Portsmouth, and Woolwich Warren; which being estimated at 9d. a day, is£.24,503140
and
From the 1st of January 1789 to the 1st of January 1792, it also appears that 260,440 days' work had been performed at the Dock yard at Woolwich; which being partly performed by artificers in a more productive species of labour, is estimated at 1s. a day13,02200
Total value of Convicts' labour in 3 years£.37,525140

It appears from the 28th Report of the Select Committee on Finance, Appendix, No. 7 and 8—

That the work done by Convicts confined on board the Hulks in Langston Harbour, during the year 1797, was performed by about 421 convicts upon a daily average, and computing the labour of each artificer at 19l. 8s. 9d. per annum, and each labourer at 11l. 13s. 3d. it will amount to£.5,997183
The work performed in the same year by about 250 convicts, confined on board the Hulks at Portsmouth, computed as above will amount to3,226150
 9,224133
From which is to be deducted, to make the amount correspond with the valuation made by the Ordnance Board1,44053
 £.7,78480
The work done by convicts, confined on board the Prudentia and Stanislaus Hulks at Woolwich Dock-yards and Warren, performed by 359 convicts, rated at 1s. and 1s. 2d. for labourers, and 1s. 5d. per day for artificers, is calculated to amount to6,57847
 £.14,362127
Deduct allowances made, and articles supplied, by the Board of Ordnance1,4981410½
Total Estimate of the value of the labour of Convicts in 1797£.12,86317

Upon this last statement the Select Committee on Finance (whose various elaborate Reports on the State of the Nation, do them immortal honour as Patriots and Legislators) very justly observe, that it is extremely difficult to calculate the value of labour, performed under such circumstances, with any degree of accuracy; and after several views of the subject a conclusion is drawn, that the net expence to the Public, for the maintenance of 1402 convicts in 1797, after deducting the estimated value of labour, amounted to 20,878l. 14s. 10½d. being at the rate of 14l. 17s.d. per man.

It appears, however, that out of the whole number of 1402 maintained in 1797, only 1030 were actually employed. The labour of the remaining 370 was, therefore, in a great measure, lost to the Community.

At any rate, the value of this species of labour must be precarious, and the advantages resulting from it problematical.

Since the mere "possession of so many idle hands will sometimes be a temptation to engage in works, which but for this inducement, would not recommend themselves by their intrinsic utility."[146]

While it is admitted, that considerable improvements have been made with regard to the reduction of the expence; that provision has also been made for religious and moral instruction, by established salaries to chaplains;—and that the contractors have honourably performed their part of the undertaking; it is much to be lamented, that this experiment has not been attended with more beneficial consequences to the Public; not only in rendering the labour of the convicts productive in a greater degree, so as at least to be equal to the expence; but also in amending the morals of these miserable out-casts; so that on their return to Society, they might, in some respect, atone for the errors of their former lives, by a course of honest industry, useful to themselves and to their country. On the contrary, experience has shewn, that although an expence exceeding 623,000l. has been incurred by Government in the course of 22 years, most of them, instead of profitting by the punishment they have suffered (forgetting they were under sentence of death, and undismayed by the dangers they have escaped) immediately rush into the same course of depredation and warfare upon the public: nay, so hardened and determined in this respect have some of them been, as even to make proposals to their old friends, the Receivers, previous to the period of their discharge, to purchase their newly acquired plunder. It has already been shewn, that those few also, who are less depraved, and perhaps disposed to amend their conduct, can find no resource for labour; and are thus, too frequently, compelled, by dire necessity, to herd with their former associates in iniquity, and it is much to be feared, that the chief part of the multitudes, who have been periodically discharged, have either suffered for new offences, or are actually at present afflicting Society by reiterated depredations.[147]

After maturely considering the enormous expence, and the total inefficacy of the System of the Hulks, aided by the new lights which have been thrown upon the subject by the important documents called for by the Select Committee on Finance, it appears clear to demonstration, that it would be for the interest of the Country to abandon the present System; and the Author heartily joins in the opinion expressed by those respectable members of the Legislature,—"That our principal places of Confinement, and modes of Punishment, so far from the Conversion and Reformation of the Criminal, tend to send him forth at the expiration of the period of his imprisonment more confirmed in vice; and that the general tendency of our œconomical arrangements upon this subject, is ill calculated to meet the accumulating burdens, which are the infallible result of so much error in the System of Police."

Having thus explained the nature and effect of the punishment inflicted on convicts, through the medium of the Hulks, and also the expence attending these establishments; it will be necessary in the next place, to examine the authentic documents, as they relate to the transportation of Felons to New South Wales.

From the Appendix, page 122, of the 28th Report of the Select Committee on Finance, printed the 26th of June 1798, it appears that the number of Convicts sent to New South Wales and Norfolk Island[148] from the year 1787 to the year 1797 inclusive, stood thus:—

 Men and
Women.
Children.Total.
178777817795
17891251221273
1790202992038
179140811419
17924126418
179482284
17951333136
179627913292
179739310403
 5765935858

It appears also from another document in the same Report (being the last return of Convicts in the two Settlements) that their numbers stood as stated in the following Table,—

  Convicts Convicts Victualled Convicts Emancipated Total Total Men and Women
Men Women Men Women Men Women Men Women
In New South Wales on the 31 Aug. 1796. 1633 755 78 5 20 9 1731 769 2500
In Norfolk Island on the 22 Oct. 1796. 379 167 53 0 12 3 444 170 614
  2012 922 131 5 32 12 2175 939 3114
To which add the Convicts sent in 1796 and 1797, including Children 695
Total 3809

The diminution of Convicts from 5858 to 3809 is to be accounted for, by a certain proportion leaving the Settlement after the expiration of their time, and also by deaths,[149] which in the natural course of things must be expected.

In resorting to this mode of disposing of Convicts, which at the time must be considered as a choice of difficulties, a very large sum of money has been expended.—Certainly much more than could have been foreseen at the commencement: Since it appears from the 28th Report of the Select Committee on Finance, who certainly have bestowed infinite pains in the investigation, that the total amount exceeds One Million Sterling, as will be seen from the following Statement, extracted from page 120 of that 28th Report, viz:

Disbursed for 5858 Convicts including 93 Children, transported
to New South Wales

 £.s.d.
In 178628,34636
— 178729,2421110½
— 178818,00892
— 178988,057182
— 179044,7744
— 1791129,0191910¾
— 1792104,5882
— 179369,96116
— 179479,3811311½
— 179575,28019
— 179683,854180
— 1797120,3724
To which add the total Naval Expences166,341411
Total Expences in 12 Years£.1,037,2306

Specification of the heads of Expences above stated—

Expences of the first Establishment of the Settlement and Transportation of Convicts264,433110
Expences of Victualing Convicts and the Settlement from hence186,2701
Expences of Cloathing, Tools, and Sundry Articles116,658153
Bills drawn for the purchase of Provisions, &c. for the use of the Colony138,2259
Expence of the Civil Establishment48,1340
Expence of the Military Establishment94,993113
Expence of the Marine Establishment22,17313
Naval Expences as above166,341411
Total£.1,037,2306

Thus it appears, that in executing the sentence of the Law on 5765 Convicts more than One Million Sterling has been expended, nearly equal to 180l. for each Convict, exclusive of the expence incurred by the Counties, and by Government in the maintenance at home; and without taking into the account the very considerable charge, which must have been borne by the private Prosecutors in bringing these Offenders to Justice.

The Select Committee in their laborious investigation of the effects of this System, very justly observe, "that the numbers of the Convicts do not appear to have kept pace with the increase of the expence."—They proceed to state (page 27 of the Report) "that after a trial of twelve years, it seems not too early to inquire whether the peculiar advantages likely to arise from this plan are such as may be considered as compensating for its probable expence. The security held out by the difficulty of return on the part of the convicts is the only advantage that strikes the eye: but the nature of this advantage, the amount of it, and the certainty of it, seem not altogether undeserving of inquiry; nor whether a security of the same sort more at command, and more to be depended on, might not be purchased on less exceptionable terms. It may be also worthy of inquiry (add the Committee) whether the advantages looked for, from this establishment may not be dependent on its weakness? and whether as it grows less disadvantageous in point of finance, it will not be apt to grow less advantageous in the character of an instrument of Police? The more thriving the Settlement the more frequented: The more frequented the less difficulty of return.—The more thriving too the less terrible. To persons in some circumstances;—to persons who otherwise would have been disposed to emigrate, it may loose its terrors altogether, especially if by money or other means the servitude be avoidable. This inconvenience had already become sensible in the instance of the comparatively old planted Colonies. Many, though innocent, went thither voluntarily, even at the price of servitude, while others under the notion of punishment, were sent thither for their crimes; so that while to some the emigration remains a punishment, to others it may become an adventure; but a punishment should be the same thing to all persons, and at all times."

Contingencies, the Committee remark, may diminish the utility of the Establishment, or may increase the expence. "Bad seasons, and the destruction of the vegetable part of the stock of food: Mortality among the as yet scanty stock of cattle.[150] Mischief from the natives,—from insurrection among the convicts, or from the enemy.

"Here, as at Sierra Leone, malice may produce an expedition of devastation. The illusions to which the spirit of rapine is so much exposed may give birth to an enterprize of depredation; apprehensions of any such event entertained here would necessarily give birth to preparations of defence. The apprehensions may be well or ill grounded—the measures taken for defence successful or unsuccessful; but the expence in the mean time is incurred. The distance is unexampled, and all danger as well as all expence swells in proportion to the distance: these topics appear to merit consideration.

"Another circumstance is, that the labour of the whole number of persons sent to these colonies, whether as Convicts or Settlers, is entirely lost to the Country, nor can any return, to compensate such a loss, be expected till that very distant day, when the improved state of the Colony may, by possibility, begin to repay a part of the advance, by the benefits of its trade.

"Supposing abundance established, and remaining for ever without disturbance, it may be deserving of consideration, in what shape and in what degree, and with what degree of assurance, Government, in point of Finance, is likely to profit by the abundance: for the stock of the individuals, which each individual will consume, lay up or sell, is on his own account; is not the Stock of Government. The saving to Government depends upon the probity and zeal, and intelligence of the Bailiffs in Husbandry, acting without personal interest in the concern at that immense distance."

After opinions so decided, the result of an inquiry, aided by extensive information, and conducted by men of talents and judgment, it would ill become the Author of this Work to offer (if he could suggest,) additional arguments to prove the disadvantages which have attended, and which are likely to attend the transportation of Convicts to New South Wales. Although with regard to mere subsistence, there may be a prospect (and it is yet a distant one), of the Colony becoming independent of supplies from this Country; yet with respect to most other articles its wants will experience no diminution, and having once engaged in the project, humanity requires that the Settlement should be supplied at the expence of the Nation.

When the measure of establishing this Colony was adopted, a hope was probably entertained that while the great difficulty and expence of the passage home, joined to the fertility of the soil and the salubrity of the climate, might induce convicts to remain after the expiration of the period specified in their sentence, so as not to become offensive again to their native Country; the removal to an unknown region, inhabited by Savages, and situated at such a remote distance from Great Britain would exhibit this species of punishment in so terrific a light as to operate powerfully in preventing crimes.

Experience, however, has shewn that this salutary effect has not been produced, and that crimes are not to be diminished by the dread of punishment in any shape. This great desideratum is only to be attained by a well-regulated Police, calculated to destroy the sources from whence evil propensities spring, and to remove the facilities by which criminality is nourished and assisted.

Under the present circumstances, where the mind continues depraved, and where the harvest is so prolific, it ceases to be a matter of wonder that a considerable proportion of the convicts transported to New South Wales, have found their way back to their native Country;—and that not a few of them have again afflicted Society by renewing their depredations on the Public.—It is, indeed, lamentable to reflect, that after the extreme labour which has been bestowed, and the unparalleled expence which has been incurred, no effect whatsoever favourable to the interest of the Community, or to the security of innocence, has been produced. Looking back to the period when Government was relieved of the expence of Convicts, almost of every description under sentence of Transportation, and reflecting on the enormous expence which has been incurred since the channel of disposal, through the medium of the late American Colonies, has been shut up; considering that within the short period of twenty-five years no less a sum than 1,663,974l.[151] has been expended in transporting and maintaining about 15,000 Convicts, which would have cost nothing under the old System;—it cannot be sufficiently lamented, that so liberal a provision had not been employed in establishing Systems of Prevention. One fourth part of this enormous sum expended in a proper establishment of Preventive Police, would probably have rendered transportation and punishment in a considerable degree unnecessary, while the Country would have benefitted by the industry of a large proportion of these outcasts, who would then have been compelled to earn an honest livelihood by their labour.

Deploring the mass of turpitude which has drawn from the resources of the Country so enormous a portion of wealth, it is no little consolation to be able to look forward to a measure recommended by the Select Committee, and in the train of being adopted by Government, which holds out so fair a prospect not only of gradually diminishing this expence in future, but also of rendering the labour of Convicts productive, and of securing the Public against the repetition of those depredations which have been rather increased than prevented, by the System of punishments which have been heretofore adopted.

The advantages in contemplation are to be attained by carrying into effect a proposal for a new and less expensive mode of employing and reforming Convicts, which has been offered to the consideration of Government by Jeremy Bentham, Esq. and which appears to have been fully investigated by the Finance Committee, who state it (p. 20, of Report 28,) "to be no small recommendation to the plan, that the Contractor proposes to employ the prisoners on his own account, receiving a proportionally smaller sum from the Public for their maintenance.—That the great and important advantages which distinguish that plan from any other which has been hitherto suggested, consist in the certain employment and industrious livelihood which it insures to those whose terms of confinement are expired. In the responsibility which the Contractor proposes to take upon himself, for the future good behaviour of Criminals entrusted to his care, even when they shall be no longer under his control: in the publicity which is meant to be given to the whole conduct and effect of the Establishment, moral, medical, and œconomical, as well by an annual report of the state and proceedings, as by the constant facility of inspection, which will in an unusual manner be afforded by the very form and construction of the building, upon which the prompt and easy exercise of the superintending power of the Governor himself principally depends."

These advantages appear to the Committee of more importance, when the periods of the enlargement of the several Convicts now on board the Hulks are taken into consideration. The pernicious effects produced upon the unfortunate persons confined in these seminaries of vice; and the circumstance of 1411 destined to be enlarged in the course of 7 years, to afflict the Society from which they have been separated—the Committee consider as deserving of very serious consideration: and they conclude their view of the subject by expressing, an uncommon degree of solicitude, that no delay should take place in the execution of the contract with Mr. Bentham, "because it would deprive the Public for a longer time of the benefits of a plan, which they cannot but look to as likely to be productive of the most essential advantage, both in point of œconomy and Police."

The object in view is by the aid of ingenious machinery, to render the labour of every class of Convicts so productive to the Contractor, as to admit of their being maintained at 25 per cent. less than the expence incurred on board the Hulks; while a rational prospect is held out of reforming these Convicts and returning them upon Society, not only with purer morals, but with the knowledge of some trade or occupation by which they may afterwards earn their bread;—but this is not all.—The proposer of this important design insures to the Convicts, after the expiration of their time, the means of obtaining a livelihood; by setting up a Subsidiary Establishment, into which all who found themselves otherwise destitute of employment would be admitted, and where they would be continued in the exercise of the trades in which they were employed during their confinement.

It is, however, impossible to do justice to the merit of this Proposal, without laying it wholly before the Public. It seems to embrace every object calculated to remove the errors and difficulties of the present System, while it promises in a short time to relieve the Finances of the Country from the enormous and unparalleled expence which is incurred by the Establishment of the Hulks, and by Transportation to New South Wales.



PROPOSAL

FOR A NEW AND LESS EXPENSIVE MODE OF

EMPLOYING AND REFORMING CONVICTS.

The Author, having turned his thoughts to the Penitentiary System from its first origin, and having lately contrived a Building in which any number of persons may be kept within the reach of being inspected during every moment of their lives, and having made out, as he flatters himself, to demonstration, that the only eligible mode of managing an Establishment of such a nature, in a Building of such a construction, would be by Contract, has been induced to make public the following Proposal for Maintaining and Employing Convicts in general, or such of them as would otherwise be confined on board the Hulks, for 25 per cent. less than it costs Government to maintain them there at present; deducting also the average value of the work at present performed by them for the Public: upon the terms of his receiving the produce of their labour, taking on himself the whole expence of the BUILDING, fitting up and stocking,[152] without any advance to be made by Government for that purpose, requiring only that the abatement and deduction above-mentioned shall be suspended for the first year.

Upon the above-mentioned Terms, he would engage as follows: