The Express.
London, England, 1847-06-11 00:00:00

it was much more objectionable that these convietr,
guilty, perhaps, of crimes the most dangerous to life
and property, should be throw, upon society in this country.
(Hear, hear.) As the law now stood, he did no: think it
was possible for the crown to bring here Irish convicts sen-
tenced to transportation, instead of transporting them. As
to the Prisons Bill, he had serious objections to many of its
provisions. A board was to be appointed, to be called " The
Commissioners of National Prisons." " National prisons"
' was a designation new to the law; and he bed serious
doubts as to the working of such a commission, however eu7
it might be to maintein hsrmony in a board composed of
seven or eleven members. In the cue of the prelaw cern.
minion, it had been found by experience, end was now
admitted by legislation, that direct responsibility to that
house was of immense value; and hence the recent alters.
dons which bad been proposed in the constitution of that
oommilsion. But, in reference to the management of guy,
the house had, at present, the immediate, direct, and ex,:
divided responsibility el the Seixetary of State for the Home
Department with respect to all gaols except Permeate
prison.
Sir G. GREY—And Millbank.
Sir J. GRAHAM said that Millbenk was scarcely s
exception, for there the Secretary of State had the power of
framing the rules.
Sir G. GREY and the inspectors there bad the same
power es the visiting justices in the cue of any county god,
Sir J. GRAHAM said, that in the case of couuty nab
there was • power, annually reverting to the Secretary ce
State, of making new rules. He could not see why teie
course should be departed from with respect to these rational
prisons.
Sir G. GREY—It it not, in the slight at degree.
Sir J. GRAHAM said there was this difference : the
commissioners were to frame the rules in the tint pre,
and a veto only was reserved to the Secretary of State. But
upon another point there could be no mistake; te,,
patronage, the appointment of governors, chaplains, and all
the important officers, war at present placed endive!. d in the
hands (subject to responsibility) of the Secretary
of State. This bill sought to transfer it to tie
commissioners, with respect to all prisons under their am
trol. There were other minor objections, but these wereee
a character which well deserved the attention of the home,
committee. He was not prepared to vote against the bill's
going into committee. Though the questions to si hich he had
adverted were the only ones brought directly under their
consideration, yet, other questions, greater and more see
portant, had been rained in the course of the discussion, P 3
which he could not omit to advert. At the time of his
leaving office last year, the state of our penal colonies was
so unsatisfactory, so utterly indefensible as a plus ea
which persons even of bail character might be seat
without the certainty of a deeper taint, that he
had thought the time had arrived when it was
indispensably necessary to suspend transportstion to the
extent to which it had been carried for the lasts yes
(Hear.)a The great evils which had arisen in Van Diaries
were ascribable in no inconsiderable degree to a
pledge, given somewhat hastily, if not imprudently, by he
predecessors in office, to the colonists of New South Wry.-
that, after a time, no convicts should be sent to that imams'
tract of country. The consequence was, the whole messier
transportation flowed, undivided, to Van llierren's Lsarl;
hence the accumulation of convicts there, and hence the eral
so frequently adverted to. (Hear.) On leaving elm, be
had stated to the right hon. gentleman who succeeded his,
his view as to the suspension of transportation. To seek
suspension for a year or two, till a better system of seeonday
punishments oould be devised, he had no objectioa: he
willingly assented to it. But that was not the guinea*
were now considering; for the right hon. baronet the l►
cretary of State had declared that " it was not nursery
only to drop the system for two years, but that it me
necessary it should never be rammed." (Hear, hear.)
Sir G. GREY—That is, the present system of tem
portation.
Sir J. GRAHAM—And upon this question it was rat
important to have the sense of the house. (Hear.) la
the house inquire what was the state of the administrant!'
of the criminal law at this moment, on the due and suer&
administration of which the safety of life and
depended ? It had been the policy of modern ti
he highly approved of it—to temper the rigour of roe U&
mina] law, to administer justice with greater unrey, ands
mitigate the sanguinary character by which our lair hid
been unnecessarily disgraced. And now, with the exception
of the crimes of murder, and violence directed against 111,
capital punishment was no longer resorted to. But eM
respect to those crimes of the deepest dye to which her
Wore capital punishment had been affixed, it must be 61.
mitted that the remission of that punishment had been eon.
comitant with a rapid and alarming increase of gems
crimes. (Hear, hear.) He would illustrate this in,
by the instance of three crimes, the statements win
reference to which had been prepared by a standar&
in the Home-office—Mr. Gregory (as we underossi)—
whose merits, he doubted not, the right hon. ratters op-
posite had ascertained, as he (Sir J. Graham) had does. h
1829, the capital punishment was remitted with respect,
forgery. In 1836, the commitments for forgery were Ill;
in OM. 514; in 1546, 706—the number having more data
doubled in ten years. (Hear.) The crime of arson used
to be punished capitally in 1837. The commitments in 1136
were 366 ; in 1846, 581 ; being an increase of about 60 pa
cent. But the most remarkable of all was the atrocious
crime of rape, which ceased to be capital in 1841. Tks re
mitmenta in that year were 319 ; in 1846, 597 ' • being as
increase of 90 per cent. (Hear.) Capital puaishassatie
meet cases was remitted ; the punishment nut is
severity, transportation for life, was now to cease—at ell
events, in the rigorous sense in which the term had beet
viewed by judges and convicts. Hitherto, the punish
next in severity had been the hulks ; but that purred
had been unequivocally condemned by the house, sad it
had been proposed that it should no longer be roned
Then, if the hulks were condemned, if transportable
creed, and capital punishment was generally. remitted,
what would remain but imprisonment, either in sobtery
confinement, or otherwise? As far as his experience wed,
he was inclined to advocate separate confinement; been
system required great caution in its application; emir
inspection was needed ,• and the effect Ma a
the mind and the body, required to be erthill
watched. Tee last resort would be, for the parilhlr
of the gravest offences, long terms of imprisonment; and li
this were attempted in this country, public opinion wail le
revolted, and the pressure on the executive for thee:Merl
of punishments would be excessive—almost inertia*.
(Hear, hear.) Great care should be taken, lest in NMI*
pathy for criminals, we so mitigated our penal cads, eerie
badly broke down all sense of punishment, rem al is
gravest offences, that crimes should be committed k Mi.
titudes—criminals suffering nothing, but honest msa Id%
exposed to the greatest danger. (Hear.) Was it right=
that a change like this should be anted except by
There was another point on which be should not dila* sehi
had been anticipated by sevenlmesehees—the oplaiseeef he
judges with reference to these elmesekes tor err
had had the opportunity of veinlf.o al al
the
government. ss
Tile opinion dined Deonualted tem
teades apbtion conveying the judgment of the
the abolition of the punishment of
slam ileassid the said misainol judge of a
the frri.sese thelded bilk* lb*, • PPM ef the woe
erpodeeee, et the s
AIWA eelkeeity I Hedlddlite'
eland •that the at lempedithe te*Ple
rabid& in its tidier.* plaid Ile
apes ths law bulk si euelieltesa
mereisollie to all eleideet tea= thee the
ell their UM, ; estthe Glatleiries of ladold*
afiLle°Piaearko.i.
theAssisagellia4r.simamlarlailmispimatemeldlitillwilawasilmitiirkatialimisilillisalirlhs It
term doperftWa for the Um trans‘iertatint l VC
d fords thine was no diihensee. sir the*
tickets et donee there swabs kept up convict'aril_
estellbisibialei arida adalise, the whole menet neer
wry; the teen dely ma eleilited. The right bee. rot
man omit edi that the Oats of the new cuticle m"
am be woes Oda the point, et the old ; but there wet no
ill ollitollita W the apaahetteature
.of thea* Tr:
malt dr Se psementat all evectsompose_f
The perabibsient by solitary coonstio." 71
at this thl*, le. There was so rem dr the
solitary }deck bear.) There were eeatWIWI
cells enough le Ow*lisor, ln the year 1846 Men lir
3,919 convicts hider sentence of transported* h
years and upwind'. Where were se to odic te
for anything like this another? Hear.) Taat......a.
cells al& in time be
fo 'nit lb' ,*y
was immsdiate r arlibty
He 'maid admit that the refertaados if elk** ila
reenter et great lumbago. bat he did net toil Lis
Draw d primary fisfadassa. (1i5ar......6..) The 7.7.- ,
wen to data aims tap dr /nee ef bowl'
the gaud* et breed labs; but got bliolo
thaw the hear **this plea ves by to east re me!
ti 22, it had bees Idea mei Iled idelr
lot=
in( neither deeenlyt ten edam NI
i'.7l;tees, siding in aHpansallissiwitlour !tier° " th.."----'ll.lll
tide had been tried on a large eels t,
is the prima at Perth ; and what tad *2_, de
hell* Clerk as to the result ? With_ __..'"' iho
=kir having bees Wei arta pidemon.,„l"` 7.,;..
ereebe. bed ail* kW t 1104 "' terTis ad
imediendy epee *dr raiere lai retweed le_....eie
tenon ;that the plan had in no .erey el dorm mr"—fn
deter Awe crime. (Hear, hear.) i=l,l
per/dr report of the apetraittee ea
whisk aet in 1832, dist Wis apthea of selibey iarissrot
!lab' in the permden * sal
in company with Weis wad" had lee gird
at the Penitentimy, _ Nei lad gallersoml , a
If there must be forced labour end at
should wish to begin with the heel.= la ist 1
the separate system ; and he thee.* ea the V._ sio
the latter punishment weld be ,deep lad
forced labour. Casaidedail the sailiateaf ef leaf
....g
country, a person who het heal yeekidd ae eletrit ;To
find it difficult afterwards* abide es hem* del Adis
the right hon. gentleman the fleseary sf WO .27,.,,,
one of his letters to entertain thet 0r1di0.... 4;t53
letter he also stated that there was a in*
of coavict labour is Vas Dillaelei Land; whibt it 0,
from a communication which he (Sir J. ff_raMilig,
calved, dated Hobe* liern, Jan. 28, in di' rth7lisiti
that the very reverse wet the case, and hest.
of hasty legislation for • place at IS
• dim* (Pre
The letter stated that spends of 6,01 S *a bed_rom?
to Post Philip, and mho= Aar ad °',.. 00
a men sesaired his away •• • g
(Hear; hear.) The real lashes =vs' nape
1 lallak NO amended tbst tbe selbseattol,:b.Ta.
=with areas tsar teelles. Tat
panishment that amid be r 0
Me mid * P.
; was, where should it be 'Ribald ? —OO
colonies, and, under proper replations, there wt. ,i.
i that might not be effectedhere which could not Mi";;-•
1 pdished there. (Hear, hear.) The 154;1.700
, had left another portion of his plan Tiin a very w