The Sun.
London, England, 1849-07-07 00:00:00

IMPERIAL P ARLIAMEN T.

HOUSE OF LORDS, July 6.
Their Lordships assembled at Five o'clock.
The Bishop of LONDON presented a petition in
favour of the Servants' Provident Society's Bill.
The Earl of LYTSELTON presented several peti-
tions in favour of th Protection to Women Bill.
The following Bills were respectively read and passed
through Committee, on the motion of Earl GRAN-
VILLE:—The Loan Societies Bill, tho Assaults (Ire-
land) Bill, the Ecclesiastical Jurisdiction Bill, the Soap
Allowances Bill, and the Sheriff of Westmorland Bill.
PRISON DISCIPLINE.
Lord BROUGHAM presented a petition from Dr.
Rice on the subject of prison discipline. The Noble and
Learned Lord then proceeded to move the following
resolutions on the subject of imprisonment:—
" 1. That the legitimate object of all imprisonment
for offences being to detain persons committed until trial,
and persons convicted for punishment, or until trans-
ported, or until executed, it is a matter both of justice
and gonad policy that due means should be afforded in
every prison of classifying prisoners, so as to keep those
who are detained for trial apart from those who are
detained after conviction.
" 2 That it is further expedient to provide the means
of separating different classes of prisoners, especially
keeping the young apart from the old offenders; and
that a perfect system of prison discipli me would also
afford the means of further classifying prisoners both
before and after trial.
" 3. That the food, raiment, and lodging of prisoners
after tri tl ought to be on the lowest scale of expense
and of comfort consistent with the safe custody and the
health o' the prisoners.
" 4. That the, object of punishment being the diminu
tion of crime, and the means thereto being example and
reformation, so much labour should be exacted from con-
victs as shall make every prison a place of terror to the
indolent, and at the same time a school for teaching in-
dustrious habits.
" 5. That the economy of prisons further requires
such aid to the public funds as may be obtained from
prison labour.
" 6. That such branches of industry only should be
cultivated kw-prisons as do not interfere with the indus-
trious poor in their c dlings.
" 7. That it appears expedient, whenever possible, to
connect with the prison a piece of ground which may be
laboured by the prisoners, in order to raise such produce
as can most beneficially be obtained from the soil and
their work.
" 8. That subject to the limitation in resolution 6,
when agricultural or horticultural labour is inconvenient
• or impossible working at, manufactures or handicrafts
should be required as part of the prison discipline.
" 9. That with a view to punishment as well as refer
oration, separation with labour should in proper cases be
effected, but not solitary confinement, unless for prison
offences and for short periods of time.
" 10. That both with a view to economy and to
punishment deterring and reforming, it is expedient to
award time sentences, with compulsory labour, instead
of time sentences only, and to make the duration of
imprisonment and the quality of diet depend upon the
prisoner's conduct and the amount of his labour, dnd
ue
regard being had to the differences of sex, age, a
strength.
" 11. That in all prisons due attention should be
always given to religious and moral instruction, and
a proper provisi 'la of useful books be made.
reformation
" 12. That as in all prisons the
'of prisoners depends more on the zeal and
I knowledge of the officers than on rules and mechanical
arrangements, it is of the highest importance to select
such officers with great care, and so remunerate them as
to command the most efficient service."
The Noble Lord said, he would perhaps be consulting the
convenience of the House and serving the object of the peti-
tioners by abstaining from going into any detail on the reso.
lutions lie had moved, and contenting himself with briefly
stating the opinions which ho and they held on that impor-
tant question. Many abuses, undoubtedly, existed in the
various systems of prison discipline in force half a century
ago, and though he highly appreciated the exertions
of such benevolent individuals as Sir Thomas Fowell
Buxton, Mrs. Fry, and others, yet he was very far '
from agreeing in all their opinions and views, which went to
make a prison a place of comfort instead of a place of punish-
ment for offenders. This, however, had been the practical
consequence of the system of prism reform beganby
those individuals, and carried out unrefleetingly by those
who had followed them. At Reading gaol, for example,
the prisoners were almost allowed to do as they liked ;
there was no hard labour, nor any compulsory work, ex-
cept that the convicts were compelled to learn to read
and write. The only labouring was that of pump-
ing up water for washing, to which eight men
were set, although two were enough to do the
work; and even as to this the prisoners might exercise
their discretion, and refuse if they pleased. One prisoner re-
fused on the ground that ha was a " professional," and the
work would impair the delicacy of touch required in his
"calling," as he termed it; and what did their Lordships
think was this person's profession? Neither more nor less
than that of a pickpocket. The consequence of this discretion
allowed the prisoners as to working was, that the individual
earnings of each averaged only 2s. Bd. a year; while at Cold-
bath-fields, where the prisoners were put to compulsory
hard labour, their earnings were 41. 6s. a year each. At
-leading, the annual cost of maintaining and lodging a pri-
soner was 304. 10s., and at CAdbath-fields only 14/. ; all the
difference being caused by the ultra-benevolent system
adopted at the former. When the magistrates of 'Reading
gaol, however, were examined before their Lordships' Com-
mittee on Prison Discipline, they stated that they considered
the system adopted there to be the most effectual for re-
!arming offenders, and on being asked 'what that system
was, they answered, that it consisted only of study, the pri-
soners being taught reading, writing, and arithmetic, and
invited to occupy their leisure time in reading or some light
instructive occupation, so that the prison rather resembled an
university, of which the gaolers and turnkeys were the pro-
fessors. There was no labour to lessen the expense of main-
tenance, orso give habits of voluntary industry, an important
consideration to which he should advert presently. Nothing
of the sort, said these Berkshire magistrates—study, stud),
nothing but study. But how long were these students
kept? If they were at their studies for two or three years
some results might be anticipated from them; but out of
750 persons convicted, he found between 500 and 600 were
confined under three months. Many of them five or six
weeks.— ( Hear, hear.) If this plan of study was ever so
beneficial in itself, or ever so well intended on the part of
the projectors, this short period of detention was enough to
render it an absurdity and neutralise any practical benefit
that might otherwise have ensued. It was impossible that
they could do any good in three months; they only in-
curred a large outlay, and made the people pay heavy rates
for an utter absurdity, as the number of re-cemrnitlals to
this very gaol showed. and these were not all—how many
more were sent to Abingdon gaol after having been con-
fined in Reading? The average number of annual com-
mittals for the whole county was 100,000, of which number
66,000 were first offences, and 33,000 consisted of persons
who had committed crime more than once. The average
gain of each prisoner would give 26,0001 a year towards the
cost of maintenance; but if in all the pris ns they earned
no more than they did at Reading, it weuld be only 2,0001.,
while if all gained as much as they did in Coldbath-fields,
and he saw no reason why they should not, the annual
amount would be 66,0001. in relief of an annual outlay of
no less than 480,0001., which was the cost of these criminals
to the country. In America, the labour of the prisoners en-
tirely supported them ; in Belgium and France very nearly
so; so that in this respect it would be seen what a woeful
falling off there was in this country.—(Hear, hear.) Hay-
ing detained their Lordships so long with these details, he
would now solicit their attention to a more important sub -
ject—namely, the principle on which they should proceed,
with the assistance of the local magistracy, to remove the
evils he had pointed out. He said, the assistance of the
local magistracy emphatically, because, while he knew the
Executive Government had great power in the controlling
of prisons already built, they could not of their own motion
make the magistracy erect improved and reformatory
prisons, or do many things which were indispensable to a
thorough reformation of the system. He trusted, therefore,
that the country gentlemen would see the wisdom of the
course he was about to state, and act with their usual gene-
rosity—nay, he would say wisdom, by co-operating with
the Legislature and the Government in giving it effect. The
tff st proposition he had to lay down was, that the deterring
power of criminal infliction was very much overrated. It
was not at all to be wondered at that the country gentlemen
who acted as justices of the peace should fall into this mis-
• take; they had a high admiration for the law; over tl eir
minds it had its full and legit mate influence, but they did
not make allowance for the different character of those on
- whom they inflicted punishment. All who had had the
greatest and longest experience of the actual administration
of justice—judges; 'prison inspectors, gaolers—all those
who had the opyortunihy.bt seeing the prisoner after he was
taken from the dock, an'd'ftkng the period of his imprison..
ment—the persons, in faet;who were beat able to judge of
the practical effect of one present system, placed the least re-
liance on mere punishment, as deterring from the commis-
sion of crime. In fact, the state of mind in which
crime was committed was an inflamed, not a calculating one.c
The passions were excited to that extent that reason was
overpowered. For example, revenge was excited, and
murder was ' the result. Lust was inflamed, and the
passioa gave way. But, then, it was said that the cer-
tainty of punishment must have a deterring effect. That
was the opinion of the late Mr. Bentham. But in putting
forth that opinion, Bentham had not taken into considera-
tion the difference of temperament, of education, and
circumstances which influenced individuals, and, until these
could be accurately estimated, the same punishment could
not possibly operate to deter criminals thus variously in-
fluenced. There was, however, another light in which
punishment could be looked at, the importance of which it
was impossible to overestimate, and that was, its reforma-
tory effect.—(Elear, hear.) He feared that had hitherto
been too little calculated by legislators, and, indeed, it be-
longed more to what he might call criminal police, than to
criminal jurisprudence. What, then, was the reformatory
system? It was a strict system of discipline tobe main-
tained continuously • to make prisons places of suffering fur
the bad and the irreclaimable if such there are; places of
instruction for those who were reclaimable - not as in Read-.
iog gaol, to teach them
living who valued edulamt'erely no man
to read. There was
than he did, but he
valued training, and, aboveeion more highly
lie. said that, if in the . all, useful training more highly.
of London all the children from
two to four years of age were carefully trained, that they
would do more to diminish ecr4than any other measure
they could adopt. But it had been that, as we were as-
sured in Scripture, " the poor we nslonillidnhlave always with us,,,
Well, that was a
so we should always have the criminal.
reason for opening widely the gates Jtheorformatory asy-
lum,e who thought
in order to repress crime. lle and
with him rested their hopes of reforTmhaetinooepnjetuiryoli3uwpohno
labour. It was not a mere theory.
signed the petition he had presented, comprising
gistrates, prison inspectors, and gaolers, all gave it tsl;ernee-
stilt of their varied and long experience. lie had also the
authority of his own profession, among them that of a highly
respectable solicitor, a Member of the other House (Mr. C.
Pearson), who had nobly given his time and his abilities to
this subject; and he had also the high authority of Mr. Re-
corder Hill and his brother, Mr. Frederick Hill, the prison
inspector, higher than which could not be cited on the sub-
ject. The doctrine which he and they held was, that labour
is the reformer of crime. When a man was maintained in
prison let him work, but let it be such work as will induce
him not only to exert himself at the time, but at the same
tinl Rainteilyaequire the habit of voluntary industry. That
vAnou 0[37 belione by giving them inducements to labour, by
treating theatas*fortunate and criminal, but still reasonable
beings who had motives for their actions. He was happy to
ray:that
-CaPtainXacchonochie, who had been appointed to
the mahageenent• of the Warwickshire gaol, was about to
ietroduce this systelis.-4
acted Upon it.- had Hear, hear.) Wherever it had been
proved highly successful. At

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