The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-01-12 00:00:00

pial, any now gottroci of offooot

and I am iiow before yoll, expe

tin, by your
sentence, to be degraded from my ministry, subjected to the
pains of an ecclesiastical sentence, deprived of my appoint-
ment, abandoned as an outcast without character, and held

up to ti
Cons

he public as undes

r, I beseech you, your own proceedings in January
last—that is, two months after you received the original of
Iphlet, into the statements of which you had had full
le to inquire, and since which no new cause of offence has

Allow me to read your y

At a special meeting of the G
the Mayor's room, on Thursday, th

Finance Committee, in

)th of January,

" Joshua Walmsley, Esquire, Mayor;
H. Hornby, Chris. Rawdon,
Thos. Bolton, Robt. Roskell, }Visiting
:Justice
11 " R. V. Yates,

" The chaplain, Dr. Buck, attended the committee.
" The Mayor referred to the general annual report of the
Court of Justices, of which the chaplain had had the perusal.
" Resolved,—

" That, upon taking into consideration the representations
of the Rev. Dr. Buck, chaplain of the borough prison, it
does appear to the magistrates that be has been under the
impression that he was excluded from any control over the
school, and that he was ignorant of the orders of the justices
on that subject, notwithstanding his general attendance at
the meetings of the magistrates at the prison during the
period in question.
" That it appears to the magistrates that to those circum-
stances is to be attributed much of the misunderstanding on
other matters which has existed between the chaplain and
the justices.

"That, under all the circumstances, the magistrates are
of opinion that the benefit of the public would be best pro-
moted by a return to the cordial understanding which ex-
isted between the magistrates and the chaplain upon his
original appointment, and prior to any difference of opinion.
" That the chaplain having expressed his regret that any
misunderstanding should have taken place,
" It is further resolved,

" That it be recommended to the justices, at their next
quarterly sessions, to adopt these resolutions, and to order
a copy of them so adopted to be transmitted to her Majesty's
principal Secretary of State for the Home Department.

(Signed)

" RD. RADCLIFFE

" Approved 19th YebiUary, 1840.
(Signed) " JOHN BUCK, D.C.L., Chaplain."
On this part of my argument I will only say, is it gene-
rous—is it gracious, after such a proceeding—nay, is it in
accordance with the most sacred and well-established prin-
ciples of justice—to take up matters sat at rest, as was to
have been hoped, for ever? Res judicata pro veritate acci-
pilur. I cannot think you will he prepared to stultify all
that was then well done, and condemn me now on charges
which you had then the opportunity of bringing forward, hut
thought it more expedient to allow to sink into oblivion.
But, gentlemen, I am obliged under my present circum-
stances, as accused of crime, to enter fully upon my own
justification.—and trust you will bear with me, and follow
me, in the reasoning I shall now employ.
And here I must observe, that of a printbd letter, occupy-
ing 20 pages in octavo, and containing many grave statements,
lam accused in three instances of incorrectness. One of
these instances, however, touching the washhouse, was clearly
set at rest by the cross-examination of Mr. Batcheldor :
" Is the washhouse as much under the silent system as the
rest of the prison ?
" No, nor can it be.

" Is there a paid officer present in it throughout the day?
" No, there is not.
" The number of reports of the washroom would not be a
fair criterion of the number of reports of the prison ?
"" Certainly not.
The washwomen are left alone for the greater part of the

day ?
i` They are, but under the casual superintendence of a resi-
dent paid officer close to.
" Have they not the power of talking upon any subject they
please without being detected ?
" They have frequent opportunities.
" Have they a better opportunity of conversing than any
other class ?
" Yes, excepting one other class—the oakum stovers.
There can be more conversation in those classes than in
any other ?
" Yes.

By Captain Williams—'
from the best characters ?

" Are not the washwomen selected

" Yes, it is a reward for good conduct
By Dr. Buck—" Are they all felons ?
" Yes."

If in a prison, over every ward of which a paid officer is
stationed to hinder evil communications—nay conversation of
every kind, with one exception—in that one ward six or eight
women convicted of felony being left together, having all
power of uninterrupted conversations, that must necessarily
be the place of greatest demoralization—plans of wickedness
may be there concocted with impunity, and that I should de-
signate it a coffee-drinking washhouse is not to be wondered
at, when it has been proved in evidence that each inmate is
allowed a quart of coffee daily over and above a regular break-
fast, dinner and, supper, allowed to other prisoners, these
persons being supplied with food five times daily. Enter
their ward at 8 o'clock, at 10, at 12, at 3, at b, you will find
them always eating.* You, as magistrates, know what value
to attach to their being considered the be-st characters in the
prison—that is to say, the most accustomed to imprisonment,
the most expert in avoiding detection as to prison offences.
I shall consider more fully the two other two extracts oc-
cupying the space of eleven lines. Arguing that as these alone
have been blamed, the residue of the pamphlet has the impri-
matur of the prison inspector, for could he have advanced
any other charge, I have no reason to doubt his willingness
to have extended his accusations. That the tendency of the
pamphlet as a whole is to do good has not been denied, and
as containing important suggestions and highly needful to be
maturely considered, I have no doubt, from the testimony of
barristers, judges, bishops, and members of both houses of
parliament. It is of course of importance to any defender of
the silent system to prove that the author of a work which has
made its way into the cabinets of the influential should be
branded as an outcast, not worthy of belief—but I have yet
to learn that it is a crime in the chaplain of a prison to express
his sentiments on any subject in which the welfare of man is
concerned.t
, I did not, as you are aware, think it consistent to cross-
examine any one of the officors of the prison as to that part of
their evidence which related to the truth of the two portions
of my letter which I am now about to speak of, because I be-
lieved the pamphlet was illegally and improperly before you
instead of my letter addressed to the magistrates, because the
fair time for the investigation has long since passed away,
because all the witnesses were interested, and acting under
mental compulsion. It has since been elicited in cross-
examination, that at least four turnkeys have been suspended
from their offices, and restored by Mr. Batcheldor, without
any reference to the justices. I have therefore, to meet their
statements unmodified by the effects of cross questioning. '
Now, gentlemen, the first paragraph attacked as untrue
ofeads thus—Third, " Should an unhappy being, cohscious of
his offences against God and man, think of prayer, and ad-
dress aloud one word of ardent prayer (and prayer, I trust,
we all know, cannot at all times be restrained to ought),
the same dole of punishment awaits him; no excuse can avail;
he has broken the law of the prison, and must take the con-

sequences
A startling, an horrific statement ! What shall we say if
conscience should whisper in the ear of each magistrate I am
now addressing, " Thou art the man" who hest uninteniion-
ally caused such barbarity by hastily agreeing to rules which
must necessarily lead to such results. lam happy at the pre-
sent moment in the reflection that I am in the presence of
gentlemen of education, who know the force and power of
words, whether taken separately or combined. Lend me your
attention whilst I read the following rule to which every con-
victed prisoner in your gaol is subjected :
" Sixth.—As to prisoners under conviction—silence night
and day must be observed by all ; any breach of it will be
punished by the stoppage of a meal, or part thereof, and a
repetition of the offence by increased stoppages, or by solitary
confinement on bread and water, or by such other punish-
ment as the law has provided." The only other punishments
provided by law being, so far as I have ever heard, fetters
and flogging.
These words cannot be frittered away. Silence night and
day must be observed by all—any breach of it will be pu-
nished—any breach of silence, will be punished. What !no
exception ? None ; silence must be observed night and day
—any breach of it will be punished. Gentlemen, read now
my third paragraph—compare it with this sixth rule, and
laying your hand on your breast, looking up to that God be-
fore whom we must all appear in .judgment,—say whether I
am that base and guilty falsifier of my word, which it has
evidently been the intention of my prosecutor to insinuate.
That the governor did not allow in his written instructions
any discretionary power in the way of mitigation to the turn-
keys, will be evident from the following extracts of orders
issued by him.
" On Sunday the prisoners will attend to the services in
chapel. •
" The officers are strictly enjoined to enforce a due observ-
ance of the rules and discipline, as laid down in the printed
regulations.
" Every offence, however trivial, must be reported to the
governor.
" Every offence, however trivial, must be reported to the
governor" !
Third.—" Should any unhappy being, conscious of his of-
fences against God and man, think of prayer and address
aloud one word of ardent prayer, (and prayer, I trust, we all
know, cannot at all times be restrained to thought), the same
dole of punishment awaits him : no excuse can avail : he has
broken the law of the prison, and must take the consequences.
" Sixth.—As to prisoners under conviction—silence night
and day must be observed by all ; any breach of it will be
punished by the stoppage of a meal, or part thereof, and a
repetition of the offence by increased stoppages, or by soli-
tary confinement on bread and water, or by such other pu-
nishment as the law has provided."
I pass to the next quotation from my pamphlet excepted
against.
" Fourth.—lf a man to relieve his present sitting posture
when at work, move his body or his head, and be seen to do
so by the officer on duty ; or if when in chapel he be seen to
move a brawny hand to wipe away the tear trickling from an
eyee, not much accustomed to weep—a deprivation of food, or
lonesome darkness must be his portion. The silent system
can make no allowance for mental sufferings."
Now, gentlemen, dreadful as this passage must sound to
ears sensitive to tales of oppression and wrong. Appalling
as is the question, have I lent my sanction to such abomina-
tions. Yet read your own rules, and judge whether your
chaplain vilified and aspersed as he may have been, has not
acted the part of a man of honour, of feeling, of humanity,
in exposing such things, in bringing the secrets of the prison
house to the broad glare of day? Whether he does not de-
serve at your hand a better fate than that of standing before
you to answer charges affecting all that is most dear to him
and his.
Your prison rule thus reads :—" The following are de-
clared to be acts of disorder and punishable as such, namely,
as to prisoners under conviction, any unnecessary looking
round or about, (each prisoner being required to look before
him) either at Divine service, or at work and meals, or in
passing from one part of the prison to another."
You will no doubt remember that speaking on his oath,
one of the witnesses acknowledged that he himself as a turn-
key formed the judgment of whether the movement was ne-
cessary or unnecessary. How innocently on his part may
he report a man for speaking, who was praying, or for mov-
ing the hand, when the action was involuntary.
This is a point on which I produce evidence taken on oath.
Law I have often known a prisoner to make excnse
of praying, "when reported for talking. I have known the
officers to have proved, on such 'occasions, (e. g. denied) the
words made use of b, the prisoners in their cells. I have
proved them myself.'
The governor's statement.—" In those cases where a pri-
soner set up,a praying,pleaofto
provel have
(i.e. a
not punished,
eu unless
the was prepared
I read the passage (in Dr. Buck's
fourth,' ending sufferings.' As far
as moving his body or head—moving about, it would be re-
paLmapwhlect) °
re-
ported; as far as wiping away a tear, I should think it was
n beginningt continues.—" e s.— "

* A curious secret was brought to light on ibis subject, on
Tuesday, Nov. 3d. Amongst stores required for prison use
was 241bs. of coffee, 561bs. of sugar : on looking back exactly
three weeks, it was ascertained that 2llbs. of coffee and one
hundred weight of sugar had at that time been supplied.
What, it was asked, has occasioned the present want in so
short a time.—The coffee has been used by-the washer-
women, was the reply. A tolerable supply of coffee this for
seven women in three weeks, over and above the usual allow-
ance of food granted to other felons!
t A few copies of this pamphlet are still e t the office
of the STANDARD.

outqepptuti rriydoty to repl?rt

Tioqnar, I seldom did us

etioupf the office,

ing about, wotild be reported in the G
I always. understood I had a.discretion to use.
Remember the governor's instructions,—"L
however trivial, most be reported to the governc

ks to the site

making no allowance for mental

ugs, I have only in proof to refer you to the paragraph
pamphlet, next following that which I am now defend-
paragraph which not being attacked, is allowed to be

whether cor

slight or

tne'r'al conduct
:d, he loses the

►owever excellent his

heavy, a prism
may have been, shall have been once repc
privilege of seeing the one only solitary relative,- otherw
allowed to visit him at the expiration of each thi•ee months
I ought rather•to have said—the innocent, the afflicted, the
heart-broken husband, wife, father, mother or child, without
the walls of the prison, is punished for the offence against
prison rules committed by the party within, although he
has previously been punished to the full extent of his de-
merits." So much for the allowance made by the silent
system for mental sufferings.
Allow me, gentlemen, to observe, that no ingenuity .of
man can explain away the stringency of your rules. Unva-
rying silence night and day—no movement of the body being
allowed—the certainty of punishment following—all prove
that if your turnkeys do their duty (and you have in these
rules given them no discretionary, no dispensing power),
they must report, and the governor must punish, all praying
aloud, all moving of hands to wipe away a tear, or, I repeat
it, they will grossly neglect their bounden duties.
Now, gentlemen, if you consider the almost universal ha-
bit of even the most depraved of men, to say (as they call it)
their prayers at night, can you—with 1087 cases of men re-
ported and punished for talking in their cells at night (the
turnkey using his discretion, and settling the point of prayer
or no prayer)—can you, having before you a return of 85
punished on this charge within the compass of a single week,
and 55 in one and the same night, really say that the turn-
keys never mistake—that no man ever prayed aloud, and
was punished for so doing? The drunkard, when taxed with
neglect of prayer, swore with a mighty oath that, drunk or
sober, he had never omitted saying his prayers night and
morning during twenty years. The record might have been
true, as it regarded the use of words. Shall we, than, has-
tily arrive at a conclusion that when kept in a state of so-
briety he will neglect his accustomed'forms ? No, gentle-
men ! Many cases of such men, as well as of others in a

much more hopeful state of mind, having been punished for
no other fault, have passed me in review. They were too
frequent to call for specific entry in a private journal. They
were so notorious, I could not have expected that in follow-
ing years. I should be called upon to produce individual
proof.
If, therefore, gentlemen, you consider the immense num-
ber of persons who have been reported for speaking at night,
and who have been punished for the same ; or if you look to
the number reported under the head of chapel offences, can
you, deliberately acting as judges, say that your chaplain has
made unfounded assertions on these points, is untrue in his
statements, that men for praying aloud and wiping away a
tear, are by the plain evident tenor of your rules, siOjected to
punishments of loss of food, and all the dreary horrors of a
dungeon ? I have met with so many cases of the kind that
unfortunately I did not specify particular names, or I could
now bring before you such cases as, with all your natural dis-
inclinationto receive the testimony of persons who have been
in prison, would fully satisfy you that dreadful misery has,
contrary to your better desires, but in strict accordance with
your own regulations,-been inflicted in many, too many
cases. Within a few days last past, a case in point has ac-
tually occurred. A man was found speaking, his cell door
suddenly opened, the man found to be on his knees, his two
c,mpanions in bed, fast asleep. 'The turnkey charged the
prisoner with talking. He said he had been engaged in
prayer. The reply was, " D—n your prayer! I shall report
you." He was reported. The man told the whole case to the
governor, who (the present proceedings, according to my in-
formation pending) discharged the case, but no minute of the
affair is to be found in the Incident Book, although on
speaking to the governor myself, he told me he remembered
something of the circumstance.
It may be thought by some gentlemen present, surely the
turnkeys, even with our rules and regulations before them,
must always, even before this, pamphlet appeared, have ex-
ercised some judgment in reporting, they surely would use
discretion. I beseech you, gentlemen, to consider the edu-
cation of a turnkey, the usual habits of his life, the state of
his feelings from constantly witnessing crime. He receives
his orders as the private soldier, forms no opinion of them,
but if good for any thing obeys them to the letter, you would
have no discipline in your prison if each one of thirty offi-
cers was allowed to put his own interpretation on the orders
you issue. Your words are intelligible, they cannot be mis-
understood ; they were literally obeyed, and much oppres-
sion followed.

" Sixth.—As to prisoners under conviction, 'silence night
and day must be observed ; any breach of it will be punished
by the stoppage of a meal or part thereof ; and a repetition
of the offence by increased stoppages, or by solitary confine-
ment, on bread and water, or by such other punishment as
the law has provided."
" The following are declared to be acts of disorder, and
punishable as such, namely, as to prisoners under convic-
tion, and any unnecessary looking round or about (each pri-
soner being required to look before him) either at divine
service, or at work and meals, or in passing from one part of
the prison to the other." •

I have already said Ido not think-at the present moment
that these monstrous evils would be knowingly carried out ;
the change is due to me., The officers also, in the evidence
they have given on this subject, have, no doubt, stated the
present feelings of their minds, supposing they never could
have been possessed by others. This is, however, clearly a
common operation of the human mind, and no reflecting
man will, I am convinced, with your gaol regulations before
him, think it possible that a body of officers, not proverbial
for he kindest feelings in the world, not being entirely free
of your reproofs for their harshness of manner, and even of
conduct, should be so tender towards the mental sorrows of a
guilty miserable being under their controul, as to soften
down rules solemnly approved by magistrates, and to act to-
wards Criminals with an overflowing measure of kindness.
Look in particular to one—the strongest witness against
me—profanity, and using the prisoners' food, he acknow-
ledged on oath, as charges under which, and for which he
had suffered, and was even now suffering. With your know-
lege of the man, can you say from the heart he will certainly
interpret rules which are severe, in a kind and gentle man-
ner? I might instance another, but it is needless, the rough
manner of life of such persons as I have been doomed of late
to be joined with, will account for the absence of every ap-
pearance of kindness and sympathy for human suffering.
Before I quit this part of my argument allow me to remind
you, (it has come out in evidence,) if a man speak—if he
move—the turnkey is the sole judge whether the words be of
prayer, and the motion necessary. If, having formed his
judgment, the prisoner say one thing—the turnkey another—
the prisoner is punished—the prisoner's statement, in fact,
amounts to nothing: because he has committed one offence
against the laws of his country—though he may be penitent,
nay, broken hearted, and most sincere in ceasing from evil,
and learningto do well—his word is disbelieved—the turnkey's
thought outweighs the prisoner's strongest assertion. Hence,
as I have frequently seen, 30, 40, or more prisoners are
brought before the governor—under report—the process
called a trial, by which the whole of the cases are settled,
does not occupy more than a few minutes. There is no
written statement—no defence. The turnkey does not say
you spoke in prayer—you wiped away a tear; but you spoke—
you moved unnebessarily—the matter is over, and the loss of
a dinner atones, for the moment, for the offence. I say for
the moment, for it also cuts his friends off from their three
monthly visits ; and two or three such reports constitute
what is in prison called a bad character.
I do not by this statement impute any evil motive to the
officer ; he may have heard a voice, and not know it was a
voice directed to God in prayer; he may have seen a move-
ment—not the tear trickling from the eye; the man is, under
such circumstances, according to your rules and regulations,
necessarily punished. To hide the fact may be attempted,
but in truth the very nature—the essence of the silent system
requires that every reported offence against prison rules,
supported by the mere word of an officer, shall be punished.
Under such circumstances, to impute unfounded assertions
to a clergyman honestly expressing his belief, would be most
unjust. It may be thought necessary to give a denial to my
book—to check its influence—to impeach a small part with
the hope of overthrowing all. But it is not right to attempt
this by imputing evil and wicked motives. It is not right to
ruin the character of a minister simply because he has had
sufficient moral courage to expose evil.

On this charge, therefore, in conclusion, I will only
further say, that whether you consider the sense of duty by
which I felt myself compelled to address you in my quarterly
report of Oct. 1839, and by letter in Nov. 1839 ; the fact of
my forwarding printed copies of that letter, without delay,
to the Mayor of Liverpool and the Inspector of Prisons ;
that no confutation at the time was attempted ; that officers
of the prison are not proper witnesses on such a subject ; that
the sufferers are dispersed abriad in all directions and out of
my reach, even if I knew their names; that your own regu-
lations, fairly interpreted, and without any varnish on the
words, teach the same truths as I have made public ; that
no ill effects in a way of disunion amongst the officers
followed, but, on the contrary, the best possible understand-
ing ; that prison punishments did not increase, but decreased
most wonderfully ;--you will be constrained to acknowledge
that my statements are not unfounded, but that from the
very nature of things those evils must frequently have occur-
red which I have asserted to have come within the range of
my own knowledge. If, moreover, you give place to the
consideration of that solemn act of amnesty which took
place in January, by which all former acts were declared to
be buried, you will not, you cannot, condemn me on the
charge which has now been replied to ; nor, indeed, to most
of those which I have yet to consider.