It generally happens in the Metropolis, that out of from 2000 to 2500

prisoners who are tried for different crimes, in the various Courts of

Justice, above 5-6th parts are for larcenies, acts of vagrancy, and

smaller offences; where the Benefit of Clergy, either attaches, or

does not apply at all. The major part are, of course, returned upon

Society, after a short imprisonment, or some corporal punishment, too

frequently to renew their depredations on the public.--But a vast

proportion (as has already been shewn) are always acquitted.[132]

[Footnote 132: All endeavours towards the prevention of crimes will

ever be attended with unconquerable difficulty, until some general

House of Industry can be established in the Metropolis: where persons

discharged for petty offences, as well as strangers and others out of

work, may have an opportunity of finding, at least a temporary

employment, sufficient to maintain them. An Institution of this sort

would be a work of great charity and humanity; and it is earnestly to

be hoped, that the view of the subject given in this Work may induce

the Legislature to form a Police Establishment, calculated to promote

such a multitude of good and useful objects;[E] more especially as

with proper management it would very soon pay itself.]

[Footnote E: Vide _page_ 99 _n._]

In order to form a judgment of the proportion of the more atrocious

offenders tried at the Old Bailey: the number acquitted; and the

specific punishments inflicted on the different offences in case of

conviction, one year has been selected; a year in which it was natural

to expect from the immense, and indeed, unparalleled bounties which

were given for seamen and soldiers, that the number of thieves and

criminals would be greatly reduced,--namely--_from the month of

April_, 1793, _to the month of April_, 1794,--including eight Sessions

at the Old Bailey--

The following Table shews in what manner 1060 prisoners, put on their

trials during that period, were disposed of.[133]

[Footnote 133: In the year 1795, 1894 prisoners were tried at the Old

Bailey, and the different Assizes in the Country, exclusive of a much

greater number at the General and Quarter Sessions of the Peace, in

the different Counties. These trials in the Superior Courts of

Judicature, produced the following results:--

Assizes

London. in the Total.

Country.

Received Sentence of Death 44 174 218

" " " Transportation 84 159 243

Imprisoned and Whipt 129 411 540

Judgment respited to serve

his Majesty 23 25 48

Acquitted 150 351 501

Discharged for want of

Prosecutors 91 253 344

--- ---- ----

521 1373 1894]

The Crimes for which the different Offenders were tried, were these

following:

Murder 46 Felony 315 Manslaughter 29

Arson 5 Larceny 998 Bigamy 3

Burglary 101 Receiving Beastiality 2

Robbery 58 stolen Goods 61 Rape 9

Horse and Cattle Frauds and Perjury 2

stealing 108 Misdemeanors 101 Sedition 2

Forgery 16 Rogues and ---

Coining 17 Vagabonds 21 47

--- ---- ---

351 1496

--- ----

_A_ TABLE, _shewing the Prisoners tried at the Old Bailey, from April

1793, to March 1794, inclusive._

-------------+------------------------------------------------------

|Persons committed for trial.

| |Of whom, acquitted and discharged.

| | |Prisoners convicted, and their Punishments.

| | |Death.

| | | |Transported for 14 years.

London, | | | | |Transported for 7 years.

Middlesex, | | | | | |Whipt & Imprisoned.

and | | | | | | |Imprisoned 6 months and

Westminster. | | | | | | |upwards.

| | | | | | | |Imprisoned 3 months

| | | | | | | |& otherwise disposed of.

| | | | | | | | |Sent to serve

| | | | | | | | |the King.

| | | | | | | | | |Judgment

| | | | | | | | | |respited

| | | | | | | | | | |Total

| | | | | | | | | | |punished.

-------------+----+-----+--+-+---+--+--+--+--+--+-------------------

London | | | | | | | | | | |

Sessions | 199| 70| 6|1| 50|10|29|20| 8| 5|129

| | | | | | | | | | |

Middlesex and| | | | | | | | | | |

Westminster | 861| 497|62|1|117|38|51|49|30|16|364

+----+-----+--+-+---+--+--+--+--+--+-------------------

|1060| 567|68|2|167|48|80|69|38|21|493

| |[134]| | | | | | | | |

-------------+----+-----+--+-+---+--+--+--+--+--+-------------------

[Footnote 134: The acquittals will generally be found to attach mostly

to small offences which are punishable with death: where Juries do not

consider the crime deserving so severe a punishment, the delinquent

receives no punishment at all. If all were convicted who were really

guilty of these small offences, the number of victims to the severity

of the Law would be greatly increased.]

Thus it appears, that in London only, of 1060 prisoners, tried in the

course of a year, only 493 were punished; of whom 197, after a

temporary confinement, would return upon the Public, with little

prospect of being better disposed to be useful to Society, than

before.--It may be estimated that in all England, including those

offenders who are tried at the County Sessions, upwards of five

thousand individuals, charged with criminal offences, are thrown back

upon Society every year.--

But this is not all,--for according to the present System, out of

about _two hundred_ and upwards who are, upon an average every year,

doomed to suffer the punishment of death, _four-fifths_ or more are

generally pardoned[135] either on condition of being transported, or

of going into His Majesty's service, and not seldom without any

condition at all.

[Footnote 135: As punishments became more mild, clemency and pardons

became less necessary.--Clemency is a virtue that ought to shine in

the code, and not in the private judgment.--The Prince in pardoning

gives up the Public Security in favour of an individual; and by the

exercise of this species of benevolence proclaims a public act of

impunity.--Let the Executors of the Laws be inexorable; but let the

Legislature be tender, indulgent and humane.

BECCARIA, cap. 46.]

Hence it is, that, calculating on all the different chances,

encouragements to commit crimes actually arise out of the System

intended for their prevention:--_first, from the hope of avoiding

detection and apprehension;--secondly, of escaping conviction, from

the means used to vitiate and suborn the evidence;--thirdly, from the

mercy of the Jury, in considering the punishment too severe;--and

fourthly, from the interest of persons of rank or consideration,

applying (under circumstances where humanity becomes the friend of

every person doomed to die), for the interference of Royal Mercy, by

Pardons_.

God forbid that the Author of these pages should do so much violence

to his own feelings, as to convey an idea hostile to the extension of

that amiable Prerogative vested in the Sovereign; and which His

Majesty has exercised with a benevolent regard to the feelings of

Humanity, and a merciful disposition truly characteristic of the mind

of a great and good King.

These animadversions are by no means pointed against the exercise of a

privilege so benign, and even so necessary, in the present state of

the Criminal Law;--they regard only the impositions which have been

practised upon so many well-intentioned, respectable, and amiable

Characters, who have, from motives of humanity, interested themselves

in obtaining _free pardons for Convicts_, or _pardons on condition of

going into the Army or Navy_.

If these humane individuals, who exert themselves in applications of

this sort, were to be made acquainted with one half of the gross

impositions practised upon their credulity, or the evil consequences

arising to Society from such pardons, (particularly unconditional

pardons) they would shudder at the extent of the cruelty exercised

towards the Public, and even, in many instances, to the Convicts

themselves, by this false humanity.

In a Country, where, from the great caution which mingles in that part

of the Criminal Jurisprudence which relates to the trial of

Offenders,--it is scarcely possible that an honest or an innocent

person can be convicted of a capital offence.[136]--It would seem to

be a good criterion, that the Royal Mercy should only be extended on

two indispensable conditions.

[Footnote 136: It is not here meant to say there have not been some

instances, and even one of a recent date, where an innocent man may be

convicted; but they are certainly very rare, and when discovered, the

Royal mercy, of course, relieves the unfortunate person.]

1. _That the Convict under sentence of death should, for the

sake of Public Justice, (and to deter others from the

commission of crimes) discover all his accomplices, and the

robberies, or other crimes he has committed._

2. _That he should be transported; or make retribution to

the parties he has injured by being kept at hard labour for

life; or until ample security shall be given for good

behaviour after such retribution is made._

The precaution not having been used of knowing _for certain_, before

pardons were granted, whether the parties were fit for His Majesty's

service or not; the Convicts themselves carefully concealing every

kind of bodily infirmity;--and the pardons containing no eventual

condition of ultimate Transportation, in case the persons should be

found unfit for the Army or Navy;--the result has been, that many

Convicts, who have been since actually Thieves upon the Town, were

almost instantly thrown back upon the Public.--Some, even before they

were attested by the Magistrate, in consequence of the discovery of

bodily incapacity; and others, in a very short time after they had

gone into His Majesty's Service, from the like unfitness being

discovered; from some artful device practised to procure a

discharge--or from desertion.--A professed Thief is never deficient in

that species of artifice and resource which is necessary to rid him of

any incumbrance.

This, however, is seldom taken into the calculation when Humanity

urges philanthropic Characters to interest themselves in behalf of

Criminals; nor could it perhaps otherwise have been known, or

believed, that so many of these outcasts of Society have found means

again to mingle with the mass of the people.

What impression must these facts make on the intelligent mind!--will

they not warrant the following conclusion?

1. That every individual, restored to Society in this way,

is the means of affording a species of encouragement,

peculiarly calculated to bring others into the same dreadful

situation, from which the unhappy Convict is thus rescued.

2. That for this reason every pardon granted, without some

lesser punishment, or removing the convicts from Society, is

a link broken in the chain of justice, by annihilating that

united strength which binds the whole together.

3. That by removing the terror of punishments by frequent

pardons, the design of the Law is rendered in a great

measure ineffectual; the lives of persons _executed_ are

thrown away, being sacrificed rather to the vengeance of the

Law than to the good of the Public; and no other advantage

is received than by getting rid of one thief, whose place,

(under present circumstances,) will speedily be supplied by

another.[137]

[Footnote 137: That able and excellent Magistrate, the late Henry

Fielding, Esq. (to whose zeal and exertions in the exercise of the

duties of a Justice of the Peace, in the Metropolis, the Public were

under infinite obligations)--manifested, half a century ago, how much

he was impressed with the injuries arising from frequent

pardons.--Those who will contemplate the character and conduct of this

valuable man, as well as that of his brother, the late Sir John

Fielding, will sincerely lament that their excellent ideas, and

accurate and extensive knowledge upon every subject connected with the

Police of the Metropolis, and of the means of preventing crimes, were

not rendered more useful to the Public. It is to be hoped, however,

that it is not yet too late, since the state of Society, and the

progress and increase of crimes, call loudly for the establishment of

a responsible preventive System.]

Nothing can sanction the punishment of death for crimes short of

murder, _but the terror of the example operating as the means of

prevention_.--It is upon this principle alone that one man is

sacrificed to the preservation of thousands.--Executions, therefore,

being exhibited as seldom as a regard to the public interest really

required, ought to be rendered as _terrific_ and _solemn_ to the eyes

of the people as possible.

The punishment now in use, considered in point of law to be next to

that of deprivation of life, is _Transportation_.

It has been already mentioned that Parliament authorized this species

of punishment in the year 1718--when the general plan of sending

Convicts to the American Plantations was first adopted. This System

continued for 56 years; during which period, and until the

commencement of the American War in 1775, great numbers of Felons were

sent chiefly to the Province of Maryland. The rigid discipline which

the colonial Laws authorized the masters[138] to exercise over

servants, joined to the prospects which agricultural pursuits, after

some experience was acquired, afforded to these _Outcasts_, tended to

reform the chief part; and after the expiration of their servitude,

they mingled in the Society of the Country, under circumstances highly

beneficial to themselves and even to the Colony. Possessed in general

(as every adroit thief must be) of good natural abilities, they

availed themselves of the habits of industry they acquired in the

years of their servitude--became farmers and planters on their own

account; and many of them, succeeding in these pursuits, not only

acquired that degree of respectability which is attached to property

and industry; but also in their turn became masters, and purchased

the servitude of future Transports sent out for sale.[139]

[Footnote 138: By the Acts 4 George I. c. 11, and 6 George I. c. 23,

the persons contracting for the transportation of convicts to the

Colonies, or their assigns, had an interest in the service of each,

for seven or fourteen years, according to the term of transportation.]

[Footnote 139: For some years previous to the commencement of the

American War, the adjudged services of convicts became so valuable in

Maryland, that contracts were made to convey them without any expence

whatsoever to Government, who had formerly allowed 5_l._ a head; for

the reasons already assigned, they generally were more adroit, and had

better abilities than those who voluntarily engaged themselves to go

to America.]

The Convicts having accumulated greatly in the year 1776, and the

intercourse with America being shut up, it became indispensably

necessary to resort to some other expedient; and in the choice of

difficulties the System of the _Hulks_ was suggested, and first

adopted under the authority of an Act of the 16th of his present

Majesty.

The Legislature, uncertain with regard to the success of this new

species of punishment, and wishing to make other experiments, by an

Act of the same Session,[140] empowered the Justices of every county

in England to prepare Houses of Correction for the reception of

Convicts under sentence of death, to whom his Majesty should extend

his Royal Mercy, to be kept at hard labour for a term not exceeding

ten years.

[Footnote 140: 16 George III. cap. 43, sect. 1st, 3d, and 11th.]

The same Act, among many other excellent regulations, ordered the

Convicts to be kept separate, and not allowed to mix with any

offenders convicted of crimes less than Larceny--and that they should

be fed with coarse inferior food, water, and small beer, without

permission to have any other food, drink, or cloathing, than that

allowed by the Act, under certain penalties:--they were to be clothed

at the public expence.

And as an encouragement to these delinquents, while such as refused to

work were to receive corporal punishment, those who behaved well had

not only the prospect held out of shortening the period of their

confinement, but also were to receive decent clothes, and a sum of

money not less than _forty shillings_, nor more than _five pounds_,

when discharged.

This well-intentioned Act[141] (which certainly admits of many

improvements), was followed up, three years afterwards, by another

Statute, (19 Geo. III. cap. 74,) which had two very important objects

in view.

[Footnote 141: An enormous expence has been incurred in building

Penitentiary-Houses in various Counties, and many philanthropic

individuals have exerted their best endeavours to carry this Act into

execution; but it is to be lamented, that crimes have been by no means

diminished. The fact is, that the System is erroneous--Responsibility

is no where established.--No uniformity of System prevails, and no

general superintendance or center point exists.--Like the Poor Laws,

the only part of the Act which is rigidly carried into execution is

raising a fund, which, without imputing blame to Magistrates (for the

error is in the System), has increased the expence of this branch of

the Police of the Country very far beyond what could have been

conceived--and it now becomes a heavy burden upon many of the

Counties.--The reform began at the wrong end.--The same expence

applied in establishing a System of Preventive Police, ought to render

numerous penitentiary houses in a great measure unnecessary.]

The first was to erect, in some convenient common or waste ground, in

either of the counties of _Middlesex_, _Essex_, _Kent_, or _Surry_,

_Two large Penitentiary Houses_, the one to hold 600 _male_, and the

other 300 _female Convicts_, with proper _storehouses_, _workhouses_,

and _lodging-rooms_; an _infirmary_, _chapel_, and _burying-ground_; a

_prison_, _kitchen_, _garden_, and _air-grounds_: with proper

_offices_, and other _necessary apartments_.

The expence of these grounds and erections was to be paid out of the

treasury; and his Majesty was empowered to appoint three persons as a

Committee of Management for regulating the Establishment; under the

controul of the Justices of the Peace of the County, and Judges of

Assize, with power to appoint a _clerk_, _governor_, _chaplain_,

_surgeon_, or _apothecary_, _store-keepers_, and _task-masters_; and

also a _matron_ for the females;--and to allow salaries to each, which

were to be paid out of the profits of the work, to be performed by the

Convicts.

As soon as the buildings should be completed, the Court, before whom

any person was convicted for a transportable offence, might, in lieu

thereof, order the prisoner to be punished by confinement, in any of

these Penitentiary Houses, there to be kept to hard labour in the

proportion of 5 _years_ instead of 7 _years' transportation_, and not

exceeding 7 years in lieu of 14 _years' transportation_; limiting at

the same time the number of Convicts to be sent annually from the

Circuits in the Country, and from the different Sessions in the

Metropolis.

This Act lays down various specific rules for the government of the

Establishment, and for the employment of the Prisoners; and the

following works, as being of the most servile kind and least liable to

be spoiled by ignorance, neglect, or obstinacy, are selected, namely--

1. Treading in a wheel for moving machinery.

2. Drawing in a capstan, for turning a mill or engine.

3. Sawing stone

4. Polishing marble

5. Beating hemp

6. Rasping logwood

7. Chopping rags

8. Making cordage

9. Picking oakum

10. Weaving sacks

11. Knitting nets,

&c. &c.

The food of the different offenders, as in the former Act, was limited

to bread and any coarse meat, with water and small beer; and the

Prisoners were to be cloathed in uniform apparel, with badges affixed,

agreeable to the Institution.

Certain other rules were established for the discipline of the house,

under the direction of the Committee to be appointed by his Majesty;

who were to attend every fortnight, and to have power to reward such

offenders as should appear most diligent and meritorious, by giving

them a part of their earnings, to be applied for the use of themselves

end families.

And when an offender should be discharged, decent clothing was to be

delivered to him; with a sum of money for present subsistence, not

less than _twenty shillings_, nor more than _three pounds_.

The second purpose of this Act (and which is the only part of it which

was ever carried into effect), regards _the continuation of the System

of the Hulks_.

It declares that for the more effectual punishment of atrocious male

offenders liable to be transported, the Court may order such Convicts

as are of proper age, and free from bodily infirmity, to be punished

by being kept on board ships or vessels; and employed in hard labour

in raising sand, soil, and gravel, and cleansing the River Thames, or

any other river, or port, approved by the Privy Council; or in any

other works upon the banks or shores of the same, under the direction

of superintendants approved of by the Justices, for a term not less

than _one_ year, nor more than _five_; except an offender be liable to

transportation for 14 years, in which case his punishment may be

commuted for 7 years on board the Hulks.

The mode of feeding is the same as already explained, and the clothing

is to be at the discretion of the superintendant. A similar

discipline, varied only by local circumstances, is also established;

and on the discharge of any of the convicts, they are to receive for

present subsistence from 20_s._ to 3_l._ according to circumstances.

The concluding part of the Act obliges the governors and

superintendants of the two Establishments to make annual returns to

the Court of King's Bench: and also authorizes his Majesty _to appoint

an Inspector of the two Penitentiary Houses, of the several vessels or

hulks on the River Thames, and of all the other gaols and places of

criminal confinement within the City of London and County of

Middlesex_; these Inspectors are personally to visit every such place

of confinement at least once a quarter, to examine into the

particulars of each, and to make a return to the Court of King's

Bench, of the _state of the buildings--the conduct of the

officers--treatment of the prisoners--state of their earnings and

expences_--and to follow up this by a report to both Houses of

Parliament, at the beginning of each Session.

It is much to be lamented that neither of these two salutary Acts, so

far as regarded _National Penitentiary Houses_, which seemed to hold

out so fair a prospect of employing convicts, in pursuits connected

with _productive labour_, _industry_, and ultimate _reformation_,

without sending them out of the kingdom, have been carried into

execution. In the year 1784, the System of Transportation was again

revived, by the Act of the 24th Geo. III. Stat. 2. cap. 56; "which

empowers the Court, before whom a male Felon shall be convicted, to

order the prisoner to be transported beyond seas, either within his

Majesty's dominions or elsewhere; and his service to be assigned to

the contractor who shall undertake such transportation."

The same Act continues the System of the Hulks for a further length of

time; by directing the removal of Convicts, under sentence of death,

and reprieved by his Majesty, and also such as are under sentence of

Transportation (being free from infectious disorders) to other places

of confinement, either inland, or on board of any ship or vessel in

the river Thames, or any other navigable river; and to continue them

so confined until transported according to law, or until the

expiration of the term of the sentence should otherwise entitle them

to their liberty.

This plan of Transportation, through the medium of contractors,

although some Felons were sent to Africa,[142] does not appear to have

answered; from the great difficulty of finding any situation, since

the Revolution in America, where the service of Convicts could be

rendered productive or profitable to Merchants, who would undertake to

transport them; and hence arose the idea of making an Establishment

for these outcasts of Society in the infant colony of New South

Wales, to which remote region it was at length determined to transport

atrocious offenders.--Accordingly, in the year 1787, an Act passed,

(27 Geo. III. cap. 2,) authorizing the establishment of a Court of

Judicature for the trial of offenders who should be transported to New

South Wales.

[Footnote 142:

In 1785, George Moore, Esq. received for

transporting convicts L.1,512 7 6

John Kirby for expences 540 19 4

1786, John Kirby; further expences 578 10 1

Anthony Calvert for Transportation 286 14 0

A Treatise on the Police of the Metropolis Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention · 第 29 / 44 段