Under the present circumstances, where the mind continues depraved,

and where the harvest is so prolific, it ceases to be a matter of

wonder that a considerable proportion of the convicts transported to

New South Wales, have found their way back to their native

Country;--and that not a few of them have again afflicted Society by

renewing their depredations on the Public.--It is, indeed, lamentable

to reflect, that after the extreme labour which has been bestowed, and

the unparalleled expence which has been incurred, no effect whatsoever

favourable to the interest of the Community, or to the security of

innocence, has been produced. Looking back to the period when

Government was relieved of the expence of Convicts, almost of every

description under sentence of Transportation, and reflecting on the

enormous expence which has been incurred since the channel of

disposal, through the medium of the late American Colonies, has been

shut up; considering that within the short period of twenty-five years

no less a sum than 1,663,974_l._[151] has been expended in

transporting and maintaining about 15,000 Convicts, which would have

cost nothing under the old System;--it cannot be sufficiently

lamented, that so liberal a provision had not been employed in

establishing Systems of Prevention. One fourth part of this enormous

sum expended in a proper establishment of Preventive Police, would

probably have rendered transportation and punishment in a

considerable degree unnecessary, while the Country would have

benefitted by the industry of a large proportion of these outcasts,

who would then have been compelled to earn an honest livelihood by

their labour.

[Footnote 151:

Expence of maintaining about 9000 Convicts in

the Hulks, from January 1, 1795, to January 1,

1798 L. 623,022

Expence of Transporting Convicts in 1785 and 1786 3,722

Expence of Transporting and Maintaining Convicts

from 1786 to 1797, New South Wales 1,037,230

-----------

Total L.1,663,974]

Deploring the mass of turpitude which has drawn from the resources of

the Country so enormous a portion of wealth, it is no little

consolation to be able to look forward to a measure recommended by the

Select Committee, and in the train of being adopted by Government,

which holds out so fair a prospect not only of gradually diminishing

this expence in future, but also of rendering the labour of Convicts

productive, and of securing the Public against the repetition of those

depredations which have been rather increased than prevented, by the

System of punishments which have been heretofore adopted.

The advantages in contemplation are to be attained by carrying into

effect a _proposal for a new and less expensive mode of employing and

reforming Convicts_, which has been offered to the consideration of

Government by JEREMY BENTHAM, Esq. and which appears to have been

fully investigated by the Finance Committee, who state it (p. 20, of

Report 28,) "to be no small recommendation to the plan, that the

Contractor proposes to employ the prisoners on his own account,

receiving a proportionally smaller sum from the Public for their

maintenance.--That the great and important advantages which

distinguish that plan from any other which has been hitherto

suggested, consist in the certain employment and industrious

livelihood which it insures to those whose terms of confinement are

expired. In the responsibility which the Contractor proposes to take

upon himself, for the future good behaviour of Criminals entrusted to

his care, even when they shall be no longer under his control: in the

publicity which is meant to be given to the whole conduct and effect

of the Establishment, _moral_, _medical_, and _oeconomical_, as well

by an annual report of the state and proceedings, as by the constant

facility of inspection, which will in an unusual manner be afforded by

the very form and construction of the building, upon which the prompt

and easy exercise of the superintending power of the Governor himself

principally depends."

These advantages appear to the Committee of more importance, when the

periods of the enlargement of the several Convicts now on board the

Hulks are taken into consideration. The pernicious effects produced

upon the unfortunate persons confined in these seminaries of vice; and

the circumstance of 1411 destined to be enlarged in the course of 7

years, to afflict the Society from which they have been separated--the

Committee consider as deserving of very serious consideration: and

they conclude their view of the subject by expressing, an uncommon

degree of solicitude, that no delay should take place in the execution

of the contract with Mr. Bentham, "because it would deprive the Public

for a longer time of the benefits of a plan, which they cannot but

look to as likely to be productive of the most essential advantage,

both in point of oeconomy and Police."

The object in view is by the aid of ingenious machinery, to render the

labour of every class of Convicts so productive to the Contractor, as

to admit of their being maintained at 25 per cent. less than the

expence incurred on board the Hulks; while a rational prospect is held

out of reforming these Convicts and returning them upon Society, not

only with purer morals, but with the knowledge of some trade or

occupation by which they may afterwards earn their bread;--but this is

not all.--The proposer of this important design insures to the

Convicts, after the expiration of their time, the means of obtaining a

_livelihood_; by setting up a _Subsidiary Establishment_, into which

all who found themselves otherwise destitute of employment would be

admitted, and where they would be continued in the exercise of the

trades in which they were employed during their confinement.

It is, however, impossible to do justice to the merit of this

_Proposal_, without laying it wholly before the Public. It seems to

embrace every object calculated to remove the errors and difficulties

of the present System, while it promises in a short time to relieve

the Finances of the Country from the enormous and unparalleled expence

which is incurred by the Establishment of the Hulks, and by

Transportation to New South Wales.

* * * * *

PROPOSAL

FOR A NEW AND LESS EXPENSIVE MODE OF

_EMPLOYING_ AND _REFORMING CONVICTS_.

The Author, having turned his thoughts to the Penitentiary System from

its first origin, and having lately contrived a Building in which any

number of persons may be kept within the reach of being inspected

during every moment of their lives, and having made out, as he

flatters himself, to demonstration, that the only eligible mode of

managing an Establishment of such a nature, in a Building of such a

construction, would be by _Contract_, has been induced to make public

the following Proposal for Maintaining and Employing Convicts in

general, or such of them as would otherwise be confined on board the

Hulks, for 25 per cent. less than it costs Government to maintain them

there at present; deducting also the average value of the work at

present performed by them for the Public: upon the terms of his

receiving the produce of their labour, _taking on himself the whole

expence of the_ BUILDING, _fitting up and stocking_,[152] without any

advance to be made by Government for that purpose, requiring only that

the abatement and deduction above-mentioned shall be suspended for the

first year.

[Footnote 152: All these articles taken into the account, the

originally-intended Penitentiary Houses on the late Mr. Blackburne's

plan, would not have cost so little as L.200 per man:--for 1000

Prisoners, L.200,000: exclusive of the whole _annual_ expence of

maintenance, &c. to an unliquidated amount.]

Upon the above-mentioned Terms, he would engage as follows:

I. To furnish the Prisoners with a constant supply of

wholesome _Food_, not limited in quantity, but adequate to

each man's desires.

II. To keep them _clad_ in a state of tightness and

neatness, superior to what is usual even in the Improved

Prisons.

III. To keep them supplied with _separate Beds_ and Bedding,

competent to their situations, and in a state of cleanliness

scarcely any where conjoined with liberty.

IV. To insure to them a sufficient supply of artificial

_warmth_ and _light_, whenever the season renders it

necessary: and thereby save the necessity of taking them

prematurely from their work, at such seasons (as in other

places) as well as preserve them from suffering by the

inclemency of the weather.

V. To keep constantly from them, in conformity to the

practice so happily received, every kind of _strong_ and

spirituous liquor; unless where ordered in the way of

medicine.

VI. To maintain them in a state of inviolable, though

mitigated seclusion, in _assorted_ companies, without any of

those opportunities of promiscuous association, which in

other places, disturb, if not destroy, whatever good effect

can have been expected from occasional solitude.

VII. To give them an interest in their work, by allowing

them a share in the produce.

VIII. To convert the prison into a _school_, and, by an

extended application of the principle of _the Sunday

Schools_, to return its inhabitants into the world

instructed, at least as well as in ordinary schools, in the

most useful branches of vulgar learning, as well as in some

trade or occupation, whereby they may afterwards earn their

livelihood. Extraordinary culture of extraordinary talents

is not, in this point of view, worth mentioning: it would be

for his own advantage to give them every instruction by

which the value of their labour may be increased.

IX. To pay a penal sum for every _escape_, with or without

any default of his, irresistible violence from without

excepted; and this without employing _irons_ on any

occasion, or in any shape.

X. To provide them with _spiritual_ and _medical_

Assistants, constantly living in the midst of them, and

incessantly keeping them in view.

XI. To pay a sum of money for every one who _dies_ under his

care, taking thereby upon him the insurance of their lives

for an ordinary premium: and that at a rate grounded on an

average of the number of deaths, not among imprisoned

Felons, but among persons of the same ages in a state of

liberty within the Bills of Mortality.

XII. To lay for them the foundation-stone of a _provision

for old age_, upon the plan of the _Annuity Societies_.

XIII. To insure to them a _livelihood_, at the expiration of

their terms, by setting up a _Subsidiary Establishment_,

into which all such as thought proper, should be admitted,

and in which they would be continued in the exercise of the

trades in which they were employed during their confinement,

without any further expence to Government.

XIV. To make himself personally responsible for the

reformatory efficacy of his management, and even make

amends, in most instances, for any accident of its failure,

by paying a sum of money for every Prisoner convicted of a

Felony after his discharge, at a rate, increasing according

to the number of years he had been under the Proposer's

care, viz. a sum not exceeding 10_l._ if the Prisoner had

been in the Penitentiary Panopticon _one_ year: not

exceeding 15_l._ if _two_ years; not exceeding 20_l._ if

_three_ years; not exceeding 25_l._ if _four_ years; not

exceeding 30_l._ if _five_ years or upwards: such sum to be

paid immediately on conviction, and to be applied to the

indemnification of the persons injured by such subsequent

offence, and to be equal in amount to the value of the

injury, so long as it did not exceed the sums respectively

above specified.

XV. To present to the Court of King's Bench, on a certain

day of every Term, and afterwards print and publish, at his

own expence, a Report, exhibiting, in detail, the state,

not only moral and medical, but economical, of the

Establishment; showing the whole profits, if any, and in

what manner they arise; and then and there, as well as on

any other day, upon summons from the Court, to make answer

to all such questions as shall be put to him in relation

thereto, not only on the part of the Court or Officer of the

Crown, but, by leave of the Court, on the part of any person

whatsoever; questions, the answer to which might tend to

subject him to conviction, though it were for a capital

crime, not excepted: treading under foot a maxim, invented

by the guilty for the benefit of the guilty, and from which

none but the guilty ever derived any advantage.

XVI. By neatness and cleanliness, by diversity of

employment, by variety of contrivance, and above all, by

that peculiarity of construction, which, without any

unpleasant or hazardous vicinity, enables the whole

Establishment to be inspected at a view, from a commodious

and insulated room in the centre, the Prisoners remaining

unconscious of their being thus observed, it should be his

study to render it a spectacle such as persons of all

classes would, in the way of amusement, be curious to

partake of: and that, not only on Sundays, at the time of

Divine Service, but on ordinary days, at meal-times, or

times of work: providing thereby a _system of

superintendance, universal, unchargeable and uninterrupted_,

the most effectual and _indestructible_ of all securities

against abuse.

Such are the methods that have occurred to him for accomplishing that

identification of "_interest with duty_," the effectuating of which,

in the person of the Governour, is declared to be one of the leading

objects of the Penitentiary Act.--[19 GEO. III. ch. 74.]

The station of Gaoler is not in common account a very elevated one:

the addition of Contractor has not much tendency to raise it. He

little dreamt, when he first launched into the subject, that he was to

become a suitor, and perhaps in vain, for such an office. But

inventions unpractised might be in want of the inventor: and a

situation, thus clipped of emoluments, while it was loaded with

obligations, might be in want of candidates. Penetrated, therefore,

with the importance of the end, he would not suffer himself to see any

thing unpleasant or discreditable in the means.

* * * * *

_Outline of the Plan of Construction alluded to in the above

Proposal._

The Building _circular_--about the size of _Ranelagh_--The Prisoners

in their Cells, occupying the Circumference--The Officers, (Governor,

Chaplain, Surgeon, &c.) the Centre.

By _Blinds_, and other contrivances, the Inspectors concealed (except

in as far as they think fit to show themselves) from the observation

of the Prisoners: hence the sentiment of a sort of invisible

omnipresence.--The whole circuit reviewable with little, or, if

necessary, without any change of place.

_One_ Station in the Inspection-Part affording the most perfect view

of every Cell, and every part of every Cell, unless where a screen is

thought fit occasionally and purposely to be interposed.

Against _Fire_ (if, under a system of constant and universal

inspection, any such accident could be to be apprehended,) a

pipe, terminating in a flexible hose, for bringing the water

down into the central Inspection-Room, from a cistern, of a

height sufficient to force it up again by its own pressure,

on the mere turning of a cock, and spread it thus over any

part within the Building.

For _Visitors_, at the time of Divine service, an _Annular Gallery_,

rising from a floor laid immediately on the cieling of the Central

Inspection-Room, and disclosed to view, by the descent of a central

_Dome_, the superior surface of which serves, after descent, for the

reception of Ministers, Clerk, and a select part of the Auditory: the

Prisoners all round, brought forward, within perfect view and hearing

of the Ministers, to the front of their respective Cells.

_Solitude_, or _limited Seclusion_, _ad libitum_.--But, unless for

punishment, limited seclusion in assorted companies is preferred: an

arrangement, upon this plan alone, exempt from danger. The degree of

_Seclusion_ fixed upon may be preserved, in all places, and at all

times, _inviolate_. Hitherto, where solitude has been aimed at, some

of its chief purposes have been frustrated by occasional associations.

The _Approach_, _one_ only--_Gates_ opening into a walled

_avenue_ cut through the area. Hence, no strangers near the

building without _leave_, nor without being _surveyed_ from

it as they pass, nor without being known to come _on

purpose_. The gates, of _open_ work, to _expose hostile_

mobs: On the other side of the road, a wall with a branch of

the road behind, to _shelter peaceable_ passengers from the

fire of the building. A mode of fortification like this, if

practicable, in a city, would have saved the _London

Prisons_, and prevented the unpopular accidents in _St.

George's Fields_.

The _surrounding Wall_, itself surrounded by an open

palisade, which serves as a fence to the grounds on the

other side.--Except on the side of the Approach _no public

path_ by that fence.--A _Centinel's Walk_ between; on which

no one else can set foot, without forcing the fence, and

declaring himself a trespasser at least, if not an enemy. To

the four walls, four such walks _flanking_ and _crossing_

each other at the ends.--Thus each Centinel has two to check

him.

In contemplating the whole of this important design, it is impossible

to avoid congratulating the Public on the prospect which now opens by

a recent vote of Parliament,[153] for the purpose of carrying it

speedily into effect.

[Footnote 153: At the close of the Session in June 1798, the House of

Commons voted 36000_l._ to Mr. Bentham, toward the expence of carrying

his plan into execution. See the Appropriation Act, 39 Geo. III. c.

114.]

It comprizes in its structure every thing humanity can dictate, or

which a mind full of resource, and a judgment matured by great depth

of thought could suggest, for the purpose of relieving Society from a

dreadful and oppressive evil.

It is even to extend comforts to offenders in the course of

punishment; and they are to be returned to Society after the period

expires, not as at present, polluted and depraved beyond what the

human mind can conceive; but impressed with the force of religious and

moral instructions, with an abhorrence of their former course of life,

and with a resource for obtaining an honest livelihood by the trade or

occupation which they were taught during their confinement.--And if

employment should fail, when at liberty to make their own election, an

asylum is provided, into which they will be admitted, and where they

may continue to exercise the trades in which they were employed during

their confinement, with certain advantages to themselves.

These Convicts are, moreover, while in confinement, to have an

interest in the work they perform, by being allowed a share of the

produce, which may be either partly or wholly applied in laying the

foundation-stone of a provision for old age, upon the plan of the

Annuity Societies, which is to form one of the oeconomical

arrangements of this excellent Establishment.

Among many other advantages calculated to improve the morals of

delinquents, and to render them useful to Society, it will possess,

after a certain period, the singular faculty of extending to the

Public these incalculable benefits, _perhaps without any expence

whatsoever_; since it may be reasonably expected, that by training

both Sexes to productive labour, extended and rendered valuable by the

proposed introduction of ingenious machinery, it will hereafter become

an object of advantage to new Contractors, (after the System is fully

matured, and the profits arising from it clearly ascertained), to take

upon them the conduct of the design, without stipulating for any

annuity or assistance whatsoever from Government. Nay, the certainty

of this profit, and its magnitude arising from labour alone, may,

perhaps, ultimately even create a competition of Contractors, who,

instead of _receiving_, will be induced to _offer_ a premium to

Government for the appointment to the situation; the value of which

will be evidenced by the increasing annual profits.

It is, indeed, highly probable, that as the Institution advances to

maturity, under a plan so admirably adapted to render labour

productive in the greatest possible degree; in the same manner will

the profits gradually increase year after year until they shall be

rendered obvious and certain, and not as at present depending on

speculative opinions.

The proposed annual report to the Court of King's Bench, through which

medium the progressive profits will be generally promulgated, will

create notoriety, and excite attention; and it is by no means

improbable, that when the contract becomes open, by the decease of

the two Gentlemen to whom the Public are to be indebted for this

invention, that it will acquire _a precise value_, like any other

saleable commodity.

This was exemplified in the instance of Convicts sent to America,

which for a great length of time cost Government a large sum annually,

until a discovery of the profits, arising from the disposal of the

services of Felons, created a competition, which eased the Public of

every expence whatsoever on account of their Transportation.

But these are not the only advantages which the Country will derive

from this new Penitentiary System. Its success will rapidly change the

oeconomy of the many unproductive Houses of Correction, which have

been erected at an enormous expence to the different Counties, under

the Act of the 16th of Geo. III. cap. 43. Those in the management of

these respective Establishments will gladly follow an example which

mingles in so great a degree--_humanity with reform and profit_,

thereby holding out a prospect both of diminishing crimes, and

reducing the County Rates, now estimated by the Finance Committee at

_fifty thousand pounds a year_ for prisons, and criminal Police alone.

Such are some of the benefits which may be reasonably expected to

arise from the proposed Penitentiary System. If they shall be realized

to the extent which is contemplated, so as to render transportation,

as well as the Hulks, unnecessary, the pecuniary saving to Government

in twenty years will be immense. This may be ascertained by referring

to a preceding page, where the disbursements in the criminal

department are inserted, which have taken place since the commencement

of the American war, which rendered a new System necessary. If to this

sum is added the expences incurred by the Counties, it will probably

be found to have exceeded _Two millions sterling in all_.

But still further advantages may be contemplated in addition to those

of a pecuniary nature.--By retaining delinquents in the Country, and

rendering their labour profitable to the State, a new source of wealth

is opened which never existed at any former period, since the labour

of convicts transported, whether to America or New South Wales, has

been totally unproductive to the Country.

The success of such a design, once clearly manifested, would give a

new and favourable turn to the System of Punishments. Labour would be

exacted in almost every case, not more for the benefit of the State

than the advantage of the Prisoner, since labour and reform generally

go hand in hand.--Without the aid of labour, it is in vain to expect

an improvement in the morals or habits of delinquents--without an

asylum to which discharged prisoners can resort for employment, their

punishment produces no advantage. On the contrary, the vices of a

Gaol send them forth more hardened in iniquity, and greater adepts in

the trade of thieving than before.

Nothing, therefore, can be more hostile to the diminution of crimes

than the present mode of punishment for small offences, by a short

imprisonment, without being employed in useful and productive labour.

Under this defective System the different Gaols in the Metropolis and

the Kingdom, are periodically vomiting forth hordes of Minor

Delinquents, who serve as recruits to the more desperate gangs, and

remain in a course of turpitude until cut off by the commission of

higher offences. Some exceptions, doubtless, there are; but while the

resource for honest labour is so effectually shut out, many who have

totally lost character, and are without friends, seem to have no other

resource.

To all who may be confined in the proposed Penitentiary Establishment,

this difficulty will be removed.--A difficulty in the present state of

things, the magnitude of which cannot be estimated, since it generates

most of those evils to which are to be attributed the extensive

corruption of morals, and the increase and multiplication of crimes.

Upon the whole, it would be expedient to give full effect to the new

Penitentiary System as soon as possible; which, to use the language of

the Select Committee, (p. 30.) "seems to bid fairer than any other

that was ever yet offered to the Public, to diminish the Public

expenditure in this branch, and to produce a salutary reform in the

objects of the proposed institution."

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 31 / 44 段