The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-20 00:00:00

THE NEW GAOL ACT.

Mr. PEEL said, it would no doubt be in the recollection of the
House, that in the course of the last Session he had introduced a
bill fur the better regulation of gaols. Some doubts had since arisen
upon the construction of some of its clauses, and his object now was
to bring in a bill which uls'.uld prevent the existence of any doubt.
By some accidental omission, the counties of York and Lincoln were
not included in its general operation. In thesecounties, which were
divided into districts, licneral Quarter Sessions were not usually
held, and hence some difficulties had arisen, which it would be the
object of his present bill to renu dy. Amongst the other amendments
was one to enable the magistrates whit had jurisdiction over certain
small gaols, to make contracts for stooling persons committed
Ito them to the county gaol; for it must be obvious to every
one not only that those small gaols were very inscrure, but.that
abuses were committed in them which should be prevented as soon
as possible. It would be highly advisable to have but one gaol in
one county, for by that means a unifiemity of discipline would be
secured, and the danger resulting from the abuses of small local
gods could with much more facility be checked. in the small
gaols there were not often to he found more than half a dozen pri-
bonen, anti it was natural enough to suppose that the visitation
fumed so useful in larger gnols was rarely, if ever, extended to them.
This evil he now proposed to cure. Another amendment was one
to which he way sure there could he no objection : he meant as to
that part of the Act of last year which mimed to the entioloyment e f
prisoners. Ile had no hesitation in saying that the spirit of the
last Art never contemplated that prisoners, before trial, should be
subjected to hard labour (cries of hear, hear), either on the tread.
mill or on anything similar to it. Bin, to do away with all doubt
upon the subject, he would now propose a clause to prevent the nu.
ploy:sent of persons, before trial, on the treadmill. (hear, hear.)
114 Honourable Member tie Shrewskury had given a notice on the
subject, but as that was only conditional, he (11r. Peel) was sure
of meeting his concurrence in the amendments which he should
propose. it was unnecessary at present to enter into further detail,
and he should therefore move for leave to bring in the
sir. E. KNATt:11111 'lsis begged to express his thanks to his
Right Ilan. Friend for introducing this very necessary and useful
measure. At the same tittle he thought it would be very desirable
to extend its advantages to persons convicted on sentence, but of
which sentence " hard labour' formed no part. By Wine recent
decisions it would appear that counties could compel persons to
work fur their subsistence while in confinement; but as considera-
ble doubt existed as to the propriety of such a practice, ho hoped
his Right lion. Friend would nut lose sight of it.
Sir 'F. IsETII Ilk I INik; complained of the heavy rate imposed
upon counties in paying for the transfer and maintenance of pi I-
worn. The expense of criminal justice had now become so formi-
dably great—it had so far out-reached the control of the Magistracy,
that it demanded speedy investigation, to say the least. lie
hoped the Right lion. the Secretary of State, in his new principles
of legislation, would hold out some hope of granting a Committee
for the purpose of inquiring into the best mode of alleviating the
county expenditure, and also the assessments of the toot's rate.
The (laid Act of last year cost the county which he had the honour
to represeut a large sum of money, as well as other counties, and
that he feared without any sufficient equivalent..

Colonel Wt 101) was of opinion that the Gaol Act was onerous
in all, but particularly so on all the smaller counties ; and he hoped
the bill now proposed would exempt all the 11'elch counties from
the classification clauses of the Art. In the gaol of the county
which he had the honour to represent, there would be required •
sum of no less than .I,lliMil. to retake it conformable to the Iwo Act,
while the number of prisoners confined did not exceed from a dozen
to twenty. Now, surely, it never could have been intended to
throw such an commotion the county, without any advantage to
be derived front it, either to the county itself or to the prisoners
who might be confined.
Mr. 111 011IOUSE observed, that the lion. Member for Somer.
setsbire (Sir T. lemhbridge) had chosen a very singular time to
complain of agricultural distress. The lion. Member did not seem
at all to have attended to the Report of the Committee, nor to
have adverted to the wrong measure of that innovation—the tread-
mill, which he (Mr. Hobhouse) sincerely believed would be found,
on as attentive examination, not to answer its intcoded purpose.
Although that mode of discipline was applicable to every one con.
(icon to pristm-lal.our, yet it must he acknowledged that while
all were compelled to the cattle degree of labour' each in-
dividual had a different capacity to support it. The weak
and the strung. were undistinguishingly subjected to it.
There was no previous examination as to those persons fur whom it
would be too revcre, and those who were able to endure it ; and
thence it followed, that the week sutlere d an excess of punishment be.
yund that to which they must be considered to have been sentenced.
lle was aware that if a person were an ill as to be sent to the hos.
pital, be would not be sent to the mill ; but in all cases a liberal
discretion should be exercised, which, he reirettcd to say, had not
lately been the ens.. lie could not help seeing that such a punish-
mart might become& dreadful engine of oppression in the hands of
the magistracy • and how any living being, in • country calling it-
self flee, could lend his concurrence to such an astonishing snows-
'ly in our ef ' .al jurisprutlentm, lie was really at a loss to conjec-
ture. III:could not avoid strongly reprobating the conduct of those
magistrates who had assumed to themselves a new authority hither.
to unknown to the law, and at variance with every feeling of huma-
nity. If the magistracy persevered in such a conduct, in place of
being a blessing to the country they would become its curse. They
were too apt to shew dieIIISCIVIIII as a part of the I invernment, and
it was highly creditable to the Right 'knowable Gentleman (Mr.
Peel) to read them them the wisr and salutary lesson conveyed
in his proposed Rill. Ile (Mr. llobhouse) begged to or It the ma-
gistracy in what code they found a pretext for the exercise of that
authority which they had recently assumed ? The only answer he ,
had heard was, from the Member fur Yorkshire (Mr. S. Wort-
ley), who said, they thought that the last Gaol Art gave then'
the power they exercised. itut he (Mr. llohholiso on that must
say, that their consciences must indeed be pretty nearly on • par
with their knowledge when they could have adopted such a notion.
Ile hoped that every possible provision would be made to prevent
wanton or indiscres t persons from the power of inflicting a most
waoton and unequal putiishment.
31r. A blernitut Vil tO1) was no friend to Magistrates having
the authority of inflicting summary punishments; but it' punish-
ment were to be inflicted he NM no objection to the tread-mill. A
mill similar to that had lawn used lit/ the last century in the va-
rious quays in this metropolis ; and what was found useful to
the purposes of commerce in the port of lemrlon, could rot be
fairly object...ll to as a mode of punishment. %Vith respect to the
complaint made by the Ilotuiurable 3ltinher for Smnersetshire, as
to the county rate: he thought it came with a very had grace in.
dell; for the Ilouse Man obliged to compel the Magistrates to
build a proper goal be tore they would consent to nice so neeesaary
an expense. Ile (31r. .11dernian I('otali decied the insufficiency
of the control enjoyed by Comity 3lagistrates—for the fact was,
that day had a countrol over every expenditure, save and except
that occasioned foe witticisms attending trials, which was generally
exercised I.) the Judge.
Sir C. COLE said, that if the classification clause of the last
Goal Art were tr.foreeil in the comity he had the honour of re-
presetting. it would create an unnecessary expense of neatly
I WOOL, ,e bile the average number of prisoners conflate' in the goal,
I did not amount to more 1111111 half a dozen penoins, and then axi-
mum goweally to eighteen.
Mr. I:l'.l\S said that the thief advantage of the punishment
consiattsl in the (wait) a ith %hie, it could he rendered mill and
' mitigated, actwrding to the a ill of those under whom it was 'dud-
; noster. d. 1

Secretary the subject at present under discus-
si atoll des( Tv., investigation. let an inquiry be forthwith instituted.
The system clearly app. an faulty, and I have heard no emenna.
lion Of its blobs, though I have hear,: much cavilling at the pro.
posed rein, dins for these admitted den rt If. II has Fern said. that
setae pubiie lima or sonic inlice should he !maimed with the re-
ceipt of 1,, il impositions, and provi.;e, as n.cvssities should arise,
for local necessities. But such ait rester. as it 5, vims to me, would
be very ridiculous. The expense that falls upon counties. front the
prosecution of felons, is very and the most ellictual
anode of reducing that exie se is it:et:retail:a regulation of prkens.
Att obit etion has burn raised as to the eureike upon 1
know iit no other modl In abinit that ob:!ection can be net, than
the 0110,1,1iliall1)11 of those sti!..ll counties. 1 n•rtaittly should nut
think Of I,ll!Cliirg to three er tour id the 11'elch counties uniting
together. and erecting a joint prison. regard to the imputa-
tion n.aile by the Ilininundile 3:.11.1,,r fur %1 estininster. upon the
manlier of conducting p 'shinetit in the tread-mill. I can assure
hit, (11:11 I have, as to the eni•et of that specks of labour, inquired
of every ruder in the coultrt. The rim& of those inquiries 11tro.
pow.. speedily to lay before the Horst., and it will be seen, I hest.
late nt tto say it, that a milder system of p *shment, and nice
1.,01 bilble tt rouse, was never hcroto invetutd. The Honourable
31emiter will recollect. dui it is by I ressore, by Ow weight of the
agent, if I any so denottlielt: him, that the lahour is pertimnrd.
Now, if this escrtion eideebli A the tr.mie, or affects the health of
tile hid!, total subjeettil to IN. irtnishmert. I shall be glad to be
turttisled a i:11 the particular itis!a:!..e: for, if toy information is
correct, ro 'Anal 1t,,. ever y.r left the tread-mill whose Ite..llli
was mu t isilti hum veil, and s hos • weight WAS not inmate's! by
the t, and industry. and I...rseverance, arc. in keg.
requisite.. Mr the tultilment cf the discipline of the tread-mill. The
Honourable 31imber will recoil..., that it is by mounting up steps
that the Liamr is perform!, and the lahtnireirs are employed for a
quartt.r of a't haotr at in!,. time. The obit...lion, then. of the lion.
31einItt•r. is ensile ansietnsi. If there is to be foutol in the moody
of the prison-!:Leper one titan itta snore weakly habit th .n another,
the relit'st man m.y take the second tarn, and the weak man be
exesented front eh:. second turn; and, in point of fact, this is the
grand i.i.tioetion of the stint to.
lir. Ili Halt /1.:".'—V.41, hot it ktactedon. no upon.
: . .

Alr. :,,:eretary if rot. it is not th:r fault of the
sritcm, but of those who ex atlmizister it. As fat as
abuse ii einwerneil, Of 110 systelli less liable to abuse. be_
taus: tb, lahiair is pri•rfoiamol--in the presence of many
win Walt r,..1), et to as insi:o,co of solitary oppression,
arisior, perhaps. from igiawaree of the provisions of the Act,
rather titan any disiaisitioti to abuse it. be shoithl say codling. be-
cans...mit an ihstattre could thief occur, mulct* the ituAlifiestion•
at the proposed Bill.
Lae was thin given to br",:,g i 3 a Lill to attend the said :keg.