The Sun.
London, England, 1847-02-19 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, Feb. 18.
PORTUGUE:sE TM/OPS.
The Earl of ELLENBOROUGII did not consider
the measure a very constitutional one, by which the
Queen of Portugal had commenced this civil war.=
(Laughter.) Her Majesty's course of proceeding was this.
She imprisoned the out-going Ministry—(Laughter)—
and reinstated the old ones. The newly constituted
Government had violated every principle of personal
liberty to a greater degree than had been known under
the worst of despotisms. All representation to the
Government of Portugal was a mere farce if they had
nothing to support it, if, instead of asking that Govern-
ment to release the unfortunate sufferers on the coast of
Africa, they had given instructions to Admiral Parker
to demand it ; if it were to be understood that in the
event of these representations not being attended to,
that Sir William Parker would leave the Tagus, he had
not the slightest doubt but that they would receive im-
mediate attention.—(Hear, hear.) So far from the
British squadron having been in any way instru-
mental in the support of the insurrection in Portugal,
there was no question whatever in his mind that, but for
the presence of the squadron on the coast of Portugal,
the Queen would have met Dorn Miguel in London, and
that the victorious troops would have marched as they
had done before, from Oporto to Lisbon.—(Hear.)
CRIMINAL LAW—JUVENILE OFFENDERS.
Lord BROUGHAM did not intend to take any part
in this very irregular conversation, and he was glad that
it was at last brought to a close, but this much he might
say, that he quite agreed with the concluding observation
of his Noble Friend who had just sat down, that the pre-
sence of the squadron, so far from having encouragede
the insurrection, had been theie tt mainironme.eans of keeping
would now
gv
the Queen of Portugal upon tl
beg to present the very important petition from Liver-
hvichhtieee
of the r
badgiven e s notice.ent
atinof
o It
petitionswa
pusouottiof which
notice
but ho bad taken this somewhat unusual course, and had
given notice, because he wished to express his opinions
on that very important subject.—(Hear, bear.) He
esteemed it a high honour to present this petition,
which was signed by the Mayor of Liverpool, by Mr.
Rushton, the official magistrate, and nineteen other ma-
gistrates. He should feel it his duty to bring the heads
of this long and very important document before the
House, not perhaps in the chosen terms or the apt
phraseology of the document itself, but as well as he was
able to do it. He had taken the pains to make himself
acquainted with the subject on which it treated, not only
by reading the communications of the Government, but
also a variety of other papers which bore on the subject
of this petition ; he meant the report of the Prison In-
spectors—the reports made to those benevolent and useful
societies whose attention had beet. turned to the imror-
tent subject of the criminal law, not only in this country,
but also in France, Germany, and Holland, and wherever
this matter had been examined. He had also received a
report from Mr. Hill, the Recorder of Birmingham,
whose experience in the working of the criminal law had
been very great. Ile had also received another report
from Mr. Tidd Taylor. It was impossible to underrate
the importance of it. It was no less than the structure
of the criminal law, and its operation on the criminal.
Ile would now go over the heads of this
important subject, so far as they bore on
the petition before him. The petitioners spoke
as practical men—as magistrates administering the aw
over a population of 300,000 persons—as the tribunal
before whom offenders were tried, and they came before
their Lordships as the last tribunal—the last resource
—to unbosom their difficulties, to prefer their com-
plaints, and to warm them of the consequence of ne-
glecting to remedy the evils which they disclosed, The

results of their experience were these: That in a popu-
lation of 300,000 persons there had been committed
and tried, during the last seven years, 51,000
persons !—ln the course of seven years Of these
persons, no less than one-tenth, or 5,500 odd, had
been offenders under seventeen years of age; and that
of those, not less than one-filth—(he meant of the whole
51,000, not of juvenile offenders)—no less than one-fifth
or 10,000 upwards had been committed during those
seven years five times on an average. Consequently,
with respect to those offtaiders, the immediate, the
inevitable result was, that those offenders had been
punished four times after their first conviction, SO
undoubtedly efficacious had been the punishment which
their laws had inflicted.—(Hear, hear.) Those niagis•
trates went further. They had made investigations
which he thought was of incalculable value, and he
trusted he might be permitted to lender them the thanks
of their Lordships for them. They had examined four-
teen cases taken perfectly indiscriminately, out of that
number of juvenile offenders —(he wished to direct par-
ticular attention to those offenders, because he wished to
reform the discipline with respect to them—not to tins!
to punishment, but trust to reforming them, aclet
because after offenders became a certain age, ar"
became hardened in wickedness, that reformaterl
principle ceased to possess the principle of amendment
to the tame extent ; he therefore looked to the younger
offenders, and he r ished to direct attention to the state-
ments put forward in the petition—statements, which he
was merely embodying in his civil mind. They selected,
as he had said fourteen juvenile offenders at random, and
carefully examined their circumstances. He should CI
only two or three instances out of the fourteen, but he show
observe that, the whole of the fourteen had been tepee
hended on the average fifteen times each.
Earl FITZ WILLIAM—There were not 51,000 Per.
sons convicted ; that number only represented the ccur
mitments.
Lord BROUGHAM—Certainly he had not PAS
otherwise, but they had all been frequently disehargl
without beingcommitted to trial. They had been commilte
on an average, nine times each, during that period of
seven years. He would single out three persons in cr
e.
der to show the good effects of the prison disclPlhibe
The first case was that of a boy twelve years of age ;
could neither read or write; be was first apprehended 1.
September, 1838, and for the last time in January, 1843
In three years he•was apprehended sixteen times, au
;
he was committed for trial nine times. His gea
tences were for various terms of imprisonment iii
the common gaol, and he was convicted no le
than three of those eight times in three years and a lo':
and ended by being transported for ten years. The 6'n
cond case he would bring under the consideration cit.!
House, was the case of a boy aged ten years. He P.
been fourteen times apprehended, and eleven times con'
victed. The third case was that of a boy only pa'
years old, who, in the space of two years, was aPPrei
hended sixteen times, and convicted four times, art,
ended by being transported for seven years. He had long
been engaged in the study and administration of lavild
he was, however, bound to open his ears to the voice
wisdom, and not to shut his eyes to such a fearful stir/
of things as this. What were the expenses.
this state of things? Why, the expense of convict°,
these 14 individuals, amounted to 8891. In consequence;
°
the admirable arrangements of the magistrates of Leger'
pool, they were enabled to convict at much less cost
in most other places, but even with their good arrsesil
ments the cost of those convictions amounted to 88
Was it not time then seriously to inquire into this Ode
of juvenile crime. Were the Government dealing rigs
jd,'
with human beings, even according to their knosvley7
of human nature, in always appealing to the fears
the prisoners rather than to their hopes, their feelieg:
their capacities, and their wishes. He would call at sit
tion to the prayer of the petition, and request WI,
Lordships to appoint a searching inquiry into Sl'.
subject. The present state of the law was to take
criminal, place him in the prison and convict him, la
when convicted he was either imprisoned or transpc;
—that was the only alternative. He was no frierma,,,
transportation. It was neither economical to P.r.
country, nor justifiable to the colonies vvhe.oo
the convict was sent. His principal objectA,
to that species of punishment was:that it was not se to
ciently appalling ; it did not terrify the persons about
commit crime. All the persons who knew anYth
about the feelings of prisoners, concurred in saying_;, ,het
r
imprisonment had far more horrors for them than
portation. Then again look at the cost of this Pucztba
ment ; 4000 persons were sent out every year from was
country to the penal settlements, the cost of which no
half a-million a-year ; the expense of keeping the 5-tleo
number ,of persons in prisons in this country, or or
years, would be only 300,0001. The system of tr,,eer
portation was therefore inefficient to the end, Woo
pensive in its machinery. Their lordships sh
care that if they could not deter others from Ist
witting crime, they should at least take cake.orte
the prisoners did not come out of prison yio.
than when they went in. The total number °f col 00
Lions in each year were 100,000; of this number,
remained in prisons at home. Did not imprison'', is
actually make these persons worse ? Did not they_oo
99 cases out of 100, come out of prison infinitely Nis
demoralised than when they entered ? And whati„n4 eof
the poor convicts to do when they came out ?
their character gone ? their family attachments row!
Were they not debased in their own eyes, and disgr air
in the eyes of their friends, upon whom their own
„„er
where
of
grace was reflected ? They carried with them, ould
they went, the sad effects of the bad WWI° et
punishment. Was it then to be wondered
they should again go on to pursue a court
of crime? Short imprisonments he denounced
on the authority of Mr. Pitt Taylor, and numeroll:i
ether authorities, as highly improper. The eeirninlP
thought but little of the punishment, it was but ale",
days, they thought only of passing the time the bet
way they could, and made no efforts to improve tht"„
moral condition. What, then, could be done to tan
punishment reformatory, and to prevent these person.
at the end of their sentence from falling into the ram
0
course of evil which had brought them there? He ILA
proud to say that there were establishments calculated
to produce that end near Hamburgh, and in the depar:„
ment of the Loire, at Metteray. He would call 11:1;
attention of the House to the mode of proceedings.,
Metteray. The establishment was opened in the /e7ll
1839, since which period 521 persons had Delos
received. No person was admitted but Toe
convicts under sixteen years of age' to
establishment was conducted by one master and by
assistants, called brethren, chosen to that situation id
the convicts from among themselves, the fear of he to
sent back to prison was over the prisoner as a check
their bad conduct. The inmates were educated in 9ltraf
cultural and other pursuits. What was the ree!,, ig
this system? Of 521 persons admitted, 17 bad died'
were sent back to prison, 144 had been placed in verilisb.
situations, and 128 were still remaining in the est-411)100y,
ment. Ile did not envy France its Algeirian c° ler
its Spanish marriages, or the glories 01e
theta
poison and Turenne, but he did envy that
their model establishments, and he hoped Id
soon this country would join in laudable riv.sioo.
with them in the establishment of those institutieto
He would not enter further into details, but proceed tho
report which was made by the Rev. John C109,.„,0
chaplain of the Preston prison. The Rev. Gentle'"ers,
stated that there were in that prison 1,050 prie°lloo
662 of whom were utterly unable to read, and 226 01C
10
could write a little. Now, just let their Lordships 1, of
to the effects of that ignorance. There were 51'59/
them who did not know the names of the months,
ere
did not know the Queen's name, and 490 of theni_aw to
unable to understand the plainest words address ice
them, and did not know what the words virtue an 941
meant ; 62 of them could not count one hundred, oa
could read and write a little ; and of the whole theeriog
there were only twenty who had received OP" ad
like an education. Those who were able to rebie
a little had read all those wild, deteett,ss
and disgusting productions which issued from the
of this country, such as histories of bandits, highWting
men, murderers, thieves, and every species of disgtit
iy
crime, with which the press of this country and of A.,.
was polluted. All these persons had perused such Ird
famous productions as these, and made him effl9„
Brougham) almost think that the ability to read Yilt„7oo
curse to them rather than a blessing. The proer'co.
of persons convicted to the population of North seen,
shire was as one to eleven hundred, but in Synth i!..gleild
cashire it-was as one to five hundred. He maintainer
that they could not go on as they did at present. Tn g.
had had changed since the days of Sir Richard ,wed
wright. The manufacturing population then nunsheLo,
only a few thousands, but now it amounted to 8001',;01
and when any portion of this large population was
of work, they had no provision made for a bad day,
the consequence was, that they fell into criminal course"
That was a reason hy their Lordship's should interfere
to reform the criminal law, that these persons should
escape the evil influences to which they were now gib'
jected. It was with these views that he brought the
subject before them, and if they agreed with hit'
and should think that the time was come
apply in good earnest to amend the administrati,2:
of the law, not only as regards the law itself, but t""
prison discipline also, they would be prepared for 51Z
position, that he intended to submit to them shore/
the appointment of a Select Committee to investigate'-
whole subject.
blo
The Duke of RICHMOND concurred with his wows
Friend, that their thanks were due to the magis„"crto
who had called their attention to this subject, a/o-
the Noble Lord who Ead presented this petition: t of
thing could be of more importance than the subjec. gee,
criminal law, and he also believed that prison diecilP, re-
under a judicious system might do much to effect t end
form in juvenile offenders. They might at present keep
a child of about nine years of age to prison, ani sad
him there for six weeks or two months before tr a
soot
if convicted, the county magistrates, did not kn°. hrOR
to do with him. If they stamped on hl,9,nioteg
the word felon, they precluded him ever after 9ntole re-
employment. He should like to know whether 1.,1#1,0,
tablishment at Metteray, which had been referred ticeoltet
had been taken as they came, or had been esering
The prestige of this country was greatly 66gAinsbeietd of
employment to any one who had been once con ~beta-
a crime, and any one so situated had no chance a tots,
ever of employment. He knew an instance nvspi °ree
cood._
,
where a man who had been sentenced to be
and was afterwards sent to Pentonville prison, 111.„00
after
sequence of his good conduct there, he was, loyen•
time, liberated. He subsequently obtained etaP_Acot in
from a railway company, and, by his geed c?_uus"ybody
his situation, obtained promotion; but some theta
made a complaint to the directors, and inforlfbeecofere,
that he had been a convicted felon. He v 765, atarlillg;
dismissed from his situation, and was now •otes
If, therefore, they sent a boy to Parkhurst prie°'
eet them-
afterwards got him a situation, they
hat
h•eh he
useolwvesrienfetorratids.craHpee,
should
dsucbhe cause as 71tandatift'Vvist Tee
Friend would move for an inquiry into the suhree;to the
thought the result would be highly advantageous
country. who ito ad*
Earl GREY agreed with the &W eLord