The Sun.
London, England, 1855-10-18 00:00:00

COLONEL JEBB ON THE TICKET-OF-
LEAVE SYSTEM.

The act which abolished transportation for terms
under 14 years was passed in 1853. There were iu the
different convict prisons in England at that time up-
wards of 6,000 convicts under sentences of transporta-
tim for seven and 10 years. It had previously been de-
termined that no more convicts should be sent to lirar.
Dietnen's Land, and it wa, known th .t the email colony
of Western Australia cowd only receive a small propor-
tion of them. Hence arose the question what was to be
done with them.

It must be remembered that thePe men had not been
sentenced to imprisonment, but to transportation, and
that the commutation of the ono sentence into the other
was no new thing, but had long been a recognised prac-
tice. Until within a very recent period almost every
convict who received a sentence of seven years' tranki-
portation was, as a matter of count, rer t to the hplk-4,
wiwrice he war released with a free pardon at the expi-
ration of his sentenoi.

In the years from 1343 to 1547 there were released
no tuan 3,450 under such a commutation. Now,
the difference between the practice which w)tainc.d at
that time and the system which has been e,tahlished for
carrying out the provisions of the 13th and 14th of Vic-
toria is this—that, instead of giving the men a free par-
don at the expiration of about half their time, they re-
ceive only a revocable pardon, which, in the terms of
the act, is called a license, and is popularly designated
a ticket•of leave.

No one acquainted with the circumstances will con-
tend for a moment that these men should have been
kept in prison, as a general rule, during the whole term
to which they had been sentenced to transportation. The
feeling of Parliament and of the highest authorities of
the law on this point is conclusively shown in the pe-
riods of penal servitude set forth in the act as substi-
tutes for the sentences of transportation. For example,
the ordinary minimum term of transportation was seven
years, which is represented in the new act, by a mini-
mum of four years' penal servitude, and so on.
From these considerations it will be apparent that if
the Government had not the means of carrying into
effect the sentences which had been passed upon the men
referred to, and that they had completed such a period
in prison as could, under all circumstances, be fairly con-
sidered an equivalent or commutation of their original
sentences, they were justly entitled to their liberty.
After due consideration of the existing regulations,
and the hopes and expectations which had been held out
of certain remissions of the period of detention in this
country as a reward for industry and exemplary con-
duct, it was determined by the Secretary of State that a
convict under seven years' transportation, whose con-
duct had been exemplary during the whole period of his
confinement, should be eligible fur release on license at
the expiration of three years ; and a convict under sen-
tence of ten years' transportation should, under like con-
ditions, be eligible in the minimum, period of four years.
This decision was generally regarded by the convicts
with more distaste than if the original sentence bad
been left to take its course, for, in addition to a longer
period of imprisonment, they were to remain under the
restrictions of a license for the whole term to which
they had been transported.
It may be said that the former plan of getting rid of
them entirely was better; but it has already been shown
that, under the exigency of the colonies suddenly re-
fusing to receive more, there was no alternative but to
release them at home, and the only question, as fir as
the convicts are concerned, now is, whether it would
have been just and proper to have broken faith with
them entirely, by subjecting them to imprisonment dur-
ing a term which they had been led to expect they
should pass with a ticket-of-leave in one of the c Monies,
or to have released them of -er such a tern of confine-
went as was a fair comniu! at ion of their sentences.

The fol Owing statement of the numbers already re-
leMed on license wou'il. I f ar, be calculated to increase
the alarm which ham been felt, if it did nit at the sine
time tend to induce tie belief, if not to prove, tha a large
proportion of them have through their own Ex:rains and
the benevolent aisietance which I tbarildn I iyacknowledge
they bay, received entered upon an holiest course of in-
dustry :
Between the Bth of October, 1853, and the present
date. there have be, n relea-ed on license 3 629, avi',2:
only abort 2,000 of the original windier now in England
to be so released when they oecaine
A regards sentences of penal servitude, it has been
already explaine(i that the terms mentioned in the act
boing, in the nature of a commutation of c,rrespowling
terms of transportation, there does not exist the same,
nor, indeed, any necessity why they should not be as
bully carried out as any other sentences of imprisonmei.t.
It is certainly indispensable iu any system of moral
discipline to hold out encouragement to good conduct,
and, though there may be no boon which c in he offered
as equivalent to a remi,sion of the period of detention, it
will, I trust, yet he possible to find some inducement to
good behaviour and willing industry, the Secretary of
State having determined that, aq a genercl rule, every
convict shall serve out the whole period of his sentence
of penal servitude.
After the release, therefore, of the remainder of those
who were under sentences for the shorter terms of trans-
portation at the time when the act passed its provisions,
in regard to release on license, will be practically almost
a dead letter.

In adverting to the conduct of those who have already
been released on license I may regret, in common with
others interested in their fate, that so many cases of re-
lapse into crime have occurred ; but if there be matter
for surprise it is the very small proportion that have done
so. These men are entitled to a fair consideration •f the
circumstances in which they have been placed. However
good may have been the resolutions they may have
formed during their confinement, or however much they
may have dreaded being again within the grasp of the
law, what were they to do if, on their discharge, every
man's hand was against them, and they were unable to
find the means of earning an honest livelihood ? Many
instances have occurred where a relapse into crime has
arisen from the great difficulties they have had to en-
counter in their search after employment.
I have already stated that 3,629 men have been re-
leased. Of these only 96 licenses, or about 211 per cent.,
have been revoked. This, however, does not represent
the number who have been convicted of crime.

With a view to obtain information on this point the
Secretary of State addressed a circular, dated Feb. 15,
to the visiting magistrates of all gaols, requesting them
to take measures for insuring the transmission to the
Home-office of a report of every case of the re-committal
of a license•holder to prison, stating the nature of the
charge, ste. The total number of convictions up to the
Bth of August, 1855, was 97, as shown in a return pre-
sented to the House of Lords ; and the number of such
reports received up to the present date, including the 97
beforementioned, does not exceed 130. Among these
are included the licenses revoked.

Though these returns do not, probably, contain all that
might be brought against the holders of licenses, as a
class, I believe that a more rigid investigation would
establish the fact that a far greater number thati might
hay,• been generaliy anticipated are doing well for
themselves.

With reference to this point the information obtained
by the governor= and chaplains of prisons concerning the
men who have been under their charge has, 011 the
whole, been wry favourable. The be,t data on which
they have been enabled to form an opinion have been
the applications for the balanco of gratuities due to them
made by the men three months after their discha.,r.,.e,l';
wl,.ich will be a‘linitted to have been the period of tb
greatest difficulties and trials. In order to this
should show, obtain.
balance it is necessary they to the satin
hgerving the
faction of the authorities, that they a" observing
condition of their licenses, and are employed. This ap-
plication is required to be backed by a magistrate,
clergyman, or other person on whom reliance can be
placed.
The following is a re
tion received of convict
balance of their gratuil
to the 30th of June, 1"

,urn of the nature cf the inforraa.
who have thus applied for the
les fromthe 30th of June, 1854,
i 5

From Whom.
o
•••'
gf.' t; 4 O
11 ".:, +,
•m F. •
Name of Prison. s.;‘,
k° • .42 C ••.
S'A el e., 03 g
-----
205 --
••Portland .• ••• • • • 205 - - nil. 1i
55 .—portsmouth •• • • 18 3 32
178 4 132 2,1 3 •
Dartmoor 193 193 nil. 159 23: 2 —2
—2
3- 2 6
StirlingeastleHulk 6 fi Warrior Hulk 26 26 6
Defence 7817 9
76 2 49 12 15 2
69e 684 6 4811 128 5 5 2 27 42

Noto.—The total number who had left a balance in the
hands of the Governors was 960; 270, therefore, had not ap-
plied at the date of this return, the larger portion of whom
had not been discharged the regulated period.
I may add that hundreds of letters have been received
confirmatory of the foregoing statements.
In my report, dated the 27th of June, 1854, I thus
expressed my opinion :
" When a case of return to crime on the part of the
holder of a license occurs it naturally attracts attention,