THE TRANSPORTATION BLUE-BOOKS.

m.—EVIDENCE ON THE IMPRISONMENT STAGE.

"IT seems to me," says Lord Campbell, "that transportation is the best secondary punishment which has ever been invented; being comparatively mild. in endurance, affording the public the best security against a repetition of the crime, and affording the convict the best, perhaps the only chance of reformation.' This is the style in which many witnesses before the Select Committee of the House of Commons approached the inquiry. It is the first of Lord Campbell's replies, after the single answer "very much" when he was asked whether he had. paid" attention to the change in secondary punishments in this country." We doubt whether there is any witness who gives more negative replies—who is

more unable to answer the questions put by the Committee one who more positively exemplihes the joint prejudice and ignorance of certain of the witnesses. Yet it is in deference to this pre- conceived " opinion " of Lord Campbell and others that the Com- mittee passed the first three resolutions in favour of continued or renewed transportation. In perfect contrast-with Lord Campbell, who asserts opinions and is not able to state details or facts in support of his opinions, is Mr. Frederick Elliot, again called before the Committee, and again in a very short space presenting a mass of most valuable evidence supplied entirely in the form of state- ments of fact. I the first place, he stated, on the authority of a recent and unpublished report from Governor Kennedy, that the reformatory system attempted in Western Australia ran a chance of breaking down under the public discontent which was growing up in consequence of the increase of crime and repeated reconvictions of the convict class. Governor Kennedy en- closed a return of the reconvictions of the convicts,—truly a catalogue of frightful crime, adumbrating the necessity of renewing some such place as the proverbial Norfolk Island. As Mr. Elliot said, the main question suggested by Governor Kennedy's fresh report is, whether some new plan of providing in England for dealing with the most refrac- tory of all our criminals shall not be tried. It would be worth while, says Mr. Elliot, if inquirers were to ask them- selves this question—When the small offenders are not sent out because they are too numerous or sentenced for too short a time, and when the most hardened criminals are not sent out because they are too difficult to be dealt with, where would be the use of keeping up transportation-establishments at all, especially if the colonists, even of Western Australia, are, as Governor Kennedy reports, "becoming dissatisfied on account of the bad conduct of the convicts " ? A distinction has been kept up which has tended to increase the confusion between sentences to "transportation," which subjected the convict to imprisonment at home and then released him on ticket-of-leave, and sen- tences home, "penal servitude," which were presumed by the Home Office to be specific sentences for a given term. This con- struction of the Home Office was refuted in a correspondence which Mr. M. D. Hill, in his judicial capacity as Recorder of Bir- mingham, had with the Home Secretary ; but in strict reason the confusion remains. This indifferent working of the penal servi- tude system its inefficiency to control the criminal population, and the notorious cases of reconviction of ticket-of-leave men, led to a greater strictness in enforcing the closest confinement of convicts and to the inquiry before the House of Commons. In the course of that inquiry, some general facts came out, even through the confused evidence of Colonel Jebb or Captain Whitty, and of other conservatives of the status quo, which disclosed the necessity for extensive changes in the system. Captain Whitty confesses the mutinous intractability of the con- 'riots on learning that they could not improve their condition by good conduct. Colonel Jelib confesses that the sentences of con- finement—we set aside for the moment the difference between "transportation" and "penal servitude "—are too short ; he would prefer sentences of seventeen or twenty years' transporta- tion, or even "imprisonment for the whole life." The Colonel tells us, that in consequence of Sir William Molesworth's Com- ]nittee, Lord John Russell had "a plan for substituting long sen- tences of imprisonment at home for transportation. That plan was never matured, but Peatonville Prison was erected with a view of ascertaining how far it could be beneficially adopted." We thus have the highest officers of the present system confessing that it was a compromise between the old plan of transportation, which cannot be maintained, and a new plan of imprisonment, which has never yet been developed ; that the principles upon which it has been conducted have not conduced to the reformation or discipline of the offenders ; that one constituent part of the system has been for the time abandoned on account of its ill- working ; and that in order to render it at all practically benefi- cial, important changes are needed, especially a lengthening of the sentences. This evidence may be said to come from those who are against the reform, who axe in favour of the status quo, and whose strongest opinions incline them to look back with re- gret to the system of transportation. Those to whom the management of our criminal discipline was intrusted—officials upon whom an altered system was forced— have never really suffered their minds to open to the magnitude of the task, or to the scale of the means which they would re- spire. That the official mind is not incapable of this expansion is proved by Mr. 'Elliot, the representative 'of the Colonial Office ; who, besides the evidence which we have already noticed, put in important and instructive evidence of the criminal codes and sys- tems of penal discipline in the different states of Europe. Five or six years ago' the Colonial Office procured, through the Foreign Office, reports from our Ministers abroad on the penal codes of several of the principal states of Europe. France was omitted, because its system is explained in many well-known works, and especially in that of M. Berenger ; but the papers gave informa- tion on Belgium, Austria, Prussia Bavaria, Hanover, Saxony, Nassau., Baden, the Hanse Towns, Prussia, Sweden, Norway, Portugal, Tuscany, and Russia. The original reports are very bulky, but Mr. Elliot supplied a condensed synopsis. The lesson conveyed by this evidence is valuable. It tends to show that the efficiency of a system is in proportion to the influence the conduc- tors of prisons gain over the convict by holding him long enough, and operating upon the natural healthy motives of his mind, as well as morally upon his terrors or physically upon his limbs. Speaking generally, one of the best systems reported in these papers appears to be that of Austria. Here the punishment of death is very seldom carried into effect : in the four years ending 1848, although 330 criminals had been capitally convicted, only S7 were put to death. Imprisonments, however, are divided into two grand classes—" simple and "severe." The severe impri sonment involves the wearing of irons ; but the chains are continued in cases of ill health, holidays, &c. If the prisoner does not know a trade, he is obliged to learn one during his im- prisonment, with a view to providing honestly for himself af- ter his release. The sentences appear to be usually for long im- prisonment, but the judicial authorities are allowed a very ex- tensive power of modification. Some of the regulations of the prison tell a great deal.

"Spirits and smoking are not allowed ; but if the prisoner earns more Than usual by his work, he may have a little wine or beer. "Where the arrangements of the prison allow of it, the prisoners are kept to labour, but only in the inside of the prison ; labour in public, which was permitted by the law till the year 1848, being abolished. "[he prisoner receives some compensation for his labour ; and if he works more than is required by the regulations, he receives an addition to it, -which is regarded as his own property. One-half is kept for him till his re- lease, and the other half the delinquent may use to improve his means of nourishment; which, however, is done without giving the prisoner the money itself.

"Every large house of correction is provided with a teacher of religion, or priest, in order to satisfy the religious wants of the prisoner, and if pos- 'Bible to strengthen his morals : in other cases it is also permitted that priests of other persuasions should visit prisoners of their own sect, for the purpose above mentioned.

"Books which are not injurious to the morals of the prisoner are allowed to be read. In this respect, particularly since the year 1848, many favour- able changes have taken place. For the preservation of health, frequent exercise in the fresh air is enforced. The larger establishments have the necessary space for that purpose ; but at the same time, the greatest atten- tion must be paid, to prevent an escape on such occasions, or secret commu- nications.

"The administration of the houses of correction is intrusted to particular officers of the state who are also empowered, in different cases, to inflict additional punishments, such as fasting," 'separation,' 'hard couch,' &c., for a short or long time."

Austria disposes for herself of the transportation question.

"It is well known that Austria possesses no colonies which she could em- ploy as penal settlements. Suggestions have, it is true, been made as to the expediency of having such penal colonies, and various propositions have been made to that effect ; but as those propositions havenot appeared feasible without great difficulty, and as, on the other hand, the necessity for such establishments has not been clearly proved, the plan has not been adopted."

The penal system of Bavaria considerably resembles that of Austria, but differs in one important particular ; it is more rigid, more pedantic in its regulations, and infinitely less successful. A daily price is pi, t upon the labour of the convicts; and the pro- ceeds are divided into two funds, one for the maintenance of the man himself in prison, the other for his support after his discharge.

But in prison the man appears to be subjected to punishment, and not to have, as in Austria, any power of influencing his own com- fort by his behaviour.

In the appendix to the Second Report, Mr. M. D. Hill supplies an account of the prison at Valencia, which has been described by several writers,—by Mr. G. A. Hoskins in Spain as it Is ; by Mr. S. T. Wallis, an American traveller, in Glimpses of Spain ; and by Colonel Montesinos, the Governor of the Prison, partly in oorrespondence with Mr. Hill. " There are a thousand prisoners, and in the whole establishment I did not see above three or four guardians to keep them in order. They say there are only a dozen old soldiers, and not a bar or bolt that might not easily be broken ; apparently not more fastenings than in any private house. " Inc governor, a colonel in the army, has established military discipline, and the prisoners are divided into companies. The officers stand as stiff when you pass as soldiers presenting arms. The sergeants and inferior of- ficers are all convicts, who of course are acquainted with the temper and disposition of their companions, and best able to manage them; and the prospect of advancement to higher grades is an inducement to all to behave well. When a convict enters he is asked what trade or employment he will work at or learn ; and above forty are open to him, so that he has the means of devoting his time to any he knows, or, if ignorant dell, to one he feels an inclination for, or which he is aware will be useful to him when he is liberated. Many a man may wish to return to his native village with what he has earned here ; and he knows best what trade or employment will there not only be of advantage but even a fortune to him. if he declines to work at any, he is sent to the public works, or employed in carrying wood : but the out-door convicts are by far the worst-conducted in the establish- ment, and are therefore kept distinct from the others, who by their selecting a trade have shown a disposition to be industrious and improve themselves. " When first the convict enters the establishment, he wears chains ; but on his application to the commander they are taken off, unless he has not conducted himself well. Among some hundreds, I only saw three or four with iron on their legs. There seemed to be the most 'Perfect discipline. They work in rows ; rose in rank as we passed, and seemed obedient to a ward. They are not allowed to talk to each other during their work : but this rule does not seem to be very strictly enforced, and they may speak to their instructor, who is often one of themselves, and ask each other for tools or anything requisite for their work ; and every night after prayers they are allowed to converse with each other for an hour_ There are weavers and spinners of every description, manufacturing all qualities, from the coarsest linen cloths "to the most beautiful damasks, rich silks and velvets—one a crimson, apparently equal to the 17trecht velvet. There were blacksmiths, shoemakers, basketmakers, ropemakers, joiners, cabinetmakers, making handsome mahogany drawers; and they had also a printing-machine hard at work.

"The labour of every description for the repair, rebuilding, and cleaning the establishment, is supplied -by the convicts. They were all most respect- ful in their demeanour ; and certainly I never saw such a good-looking set of prisoners, useful occupation (and other considerate treatment) having ap- parently improved their countenances. The greatest cleanliness prevailed in every part of the establishment ; the dormitories were well ventilated, the beds neatly packed up, and water, the great requisite in a sultry climate, within reach of all. On the walls, in large letters, were inscriptions in rhyme, directed to inculcate good maxims. There was a neat chapel for their devotions, and a garden for exercise, planted with orange-trees. There was also a poultry-yard for their amusement, with pheasants and various other kinds of birds ; washing-houses, where they wash their clothes, and a shop where they can purchase, if they wish, tobacco, and other little com- forts, out of one-fourth of the profits of their labour, which is given to them. Another fourth they are entitled to when they leave ; the other half goes to the establishment, and often this is sufficient for all expenses. without any assistance from the Government. "The governor found it -was impossible to induce the prisoners to work heartily without giving them an interest in their gains ; but when once he had by this encouragement established industrious habits, it was more easy to correct their principles. Honour among thieves is really found here; the prisoners keeping the-accounts , and no attempts made to deceive?'

In a later work published in 1-853, Mr. Hoskins relates an once- dote which reeals one of Mr. Henry Mayhew's experiments while acting as commissioner for the Morning Chronicle in his survey -of "London Lakin. and London Poor."

"A visitor expressing his doubts as -to such feelings of honour existing among convicts, the governor asked the worst class in the mison—men -sen- tenced to ten years—to select a messenger; and he gave him an ouzo to chsnee in the city, which is such a labyrinth of narrow streets escape was most easy. Great was the visitor's astonishment -when the man 'returned with 3/. 6s. in small money." The sequel of Colonel Montesinos's administration at Valencia is remarkable, and doubly instructive. As soon as the Colonel left the prison, others endeavoured to carry out, but no doubt with less original interest or confidence, the spirit of his adminis- tration. The men in the workshops at once became idle, the scale of reformation declined, and Valencia ceased to be that mo- del which it had been to the whole of Spain. Colonel Montesinos was appointed to be the Director-General of all the prisons in the country. He introduced his system into the Government prisons, with much success ; but again the influence of personal character was strongly exhibited. It was his custom to go to each prison as the system was introduced, and to superintend the working himself. While he was there all went well ; when he departed there was decline in the results. Nevertheless, it appears to have been ascertained, that even without Colonel Montesinos the sys- tem was more successful than the old system, and that its ex- tension to the other prisons of Spain was decidedly beneficial. It is worth remarking, that probably the comparative failure in the absence of Colonel Montesinos aid not depend entirely upon the withdrawal of his enthusiasm, but upon the want of confidence which ether officers would have in their right to depart so com- pletely as he had done from old routine and long-established

customs. A still more striking illustration of the same principle, with the same results, appeared in the Munich State Prison as soon as Mr. Obermaier was appointed Governor.

"When M. Obermaier first arrived at Munich, he found from 600 to 700 prisoners in the gaol, in the worst state of insuboriffinaton, and whose ex- cesses, he was told, defied the harshest and most stringent discipline :.the prisoners were all chained together, and attached to each chain was an irou weight which the strongest found difficulty in dragging along ; the guard consisted of about a hundred soldiers, who did duty not only at the gates and around the walls, but also in the passages, and even in the workshops and dormitories • and, strongest of all protections against the possibility of an outbreak or individual evasion, twenty to thirty large savage dogs of the bloodhound breed were let loose at night in the passages and courts, to keep their watch and ward. According to his account, the place was a per- fect Pandemonium, comprising within the limits of a few acres the worst passions, the most slavish noes, and the most, heartless tyranny. "It was his work to purify this den of corruption, and he set gallantly to it. His first object was to enlist the sympathies and to win the confi- dence of some of the best of the men; afterwards to bring those men to- gether, and subsequently, so far as they were concerned, to relax the severity of the prison-rules. These men in their turn exercised a very gradual but a very marked influence over others, until they formed a body willing to co- operate with him in his schemes of improvement.

"Although all I had been told led me to anticipate a great relaxation of ordinary prison precautions, I certainly scarcely expected to see the gates wide wide open, without any sentinel at the door, and a guard of only

twenty men idling away their time in a guard-room off the entranoe-hall; from this hall two long corridors led right and left to the various offices and workshops ; the apartments of the Governor were on the first-floor, and im- mediately adjoining them and in the same passage were the dormitories and workshops. These workshops were of various dimensions, capable of hold- ing from twenty to sixty men : none of the doors were provided with bolts and bars ; the only security was an ordinary lock, and as in most of the rooms the key was not turned, there was no obstacle to the men walking into the passage ; and I have already observed that there were only twenty soldiers to prevent them stepping from the passages into the road. Over each workshop some of the prisoners with the best characters were appointed overseers ; and M. Obermaier assured me, that if a prisoner ever trans- gressed a regulation his conipanions generally told him' 'Es ist verboten,' (it is forbidden) and it rarely happened that he did not yield to the opinion of his fellow prisoners. Few of the men wore chains, and the chains, when worn, were so light that they produced no practical inconvenience. M. Obermaier explained, that he objected even to this remnant of the old sys- tem, but that the authorities insisted on certain forms of restraint being maintained.

"Within the prison-walls every description of work is carried on : the prisoners, divided into different gangs, and supplied with instruments and tools, make their own clothes, repair their own prison-walls, and forge their own chains, producing various specimens of manufacture which are turned to most excellent account."

Are these examples from abroad inapplicable to the British character ? We might doubt it, because evidence of a similar character could be brought, and has been brought, from the United States. But we need not leave the United Kingdom for an illustration of exactly the same principles. It has been the remark for some time past that the prison-discipline of Ireland was, generally speaking, better than that of England. We have an account of this system by Captain Walter Crofton, Chairman of the Directors of Convict Prisons in Ireland. Here again, be- sides obtaining a more complete hold over the prisoners, the ma- nagers have made the same experiment in the appeal to the healthy as well as to the morbid instincts of the convicts, and with the same results. Instead of shrinking from the lesson in- culcated by experiments on the Continent and elsewhere, Captain Crofton and his coadjutors accepted the lesson. They have tested the principle of making the condition of the prisoners depend upon their conduct. They have instituted a machinery for teach- ing the prisoners, and for supplying them with moral advice. The men are instructed in trades, the instructor of each trade being also the tutor in conveying moral instruction ; and lectures are delivered to the convicts on subjects of general information, —" Pursuit of knowledge under difficulties, ' "remarkable in- ventions," geography, "Man, his duty to God and his relation to his fellows," practical subjects in science, "electric telegraph and its uses," coal, printing, "the phenomena of nature," the consequences of drunkenness," "what a man with brains may do,' and so forth. The instructors are also agents, where it is practicable, in procuring employment for the men after they are discharged. In this Dublin reformatory there have been 51 males on ticket-of-licence, and 15 females, besides 49 males abso- lutely discharged. A return of their conduct during the first six 'weeks, a most trying period for them shows that of the 23 discharged 21 were doing well. The results of this experiment have been most satisfactory.

"A carpenter having been required at the Model Prison for some time I have tried the experiment, if I may so term it, of sending one of these men every morning to this work, through the city, nearly two miles off, and back again, to return to the lecture in the evening : and he has done this for nearly two months, every day, by himself, no warder with him ; and, pass- ing by the public-houses, he returns regularly, and performs the day's work both to the good of the public service and to the satisfaction of the governor of the prison where he is working. I have sent down other prisoners with messages from one prison to another ; and they have returned : many men, a week or a fortnight before the time of their discharge, I have allowed to go out and purchase their tools, so that they may not be out of work for any want of that kind, also their clothes • they have returned punctually. I have found no appearance of anything like -drink on them or of any irregu- larity whatever. Each man is allowed to spend a certain portion of his earnings ; his earnings perhaps would average Is. a week, and he is allowed to spend 6d. of it if he should so desire. There are many who have not drawn a farthing ; they prefer keeping the money for the purpose of emi- grating, in many cases. Others again have bought little matters for their breakfast, such as a herringt and their clothes, and their tools as they have required them, and so on. They dine together in a large hall which acts as a mechanics' institute, and their exercise is taken free from supervision; they are not watched in any way : and we have found no irregularity 'what- ever; it is impossible to find a more orderly establishment in every way with regard-either to language or conduct. There were three cases at the first opening, of men who -were sent from the prisons ; with respect to -whom, alter a fortnight's test, I found, although they came with exemplary charac- ters from the prisons, they were not persons that would do to be trusted ; they wanted that sort of watching which we could not give them, and were returned to the prisons."

The whole bearing of this evidence tells us at once the neces- sity, the practicability, and the utility of a thoroughly developed prison system. The evidence of Captain Crofton shows that the British Islands are no exception to the general law. A sufficient prison-discipline is the essential preliminary, whether to a ticket- of-leave system or a transportation of reformed prisoners.