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 ^\x ^ttamxi of i\jt Ulanner 
 
 IK AVHICH SENTENCES OF 
 
 Penal Servitude 
 
 ARE CARRIED OUT 
 
 IN ENGLAND. 
 
 I O 
 
 LI 
 
 MAJOR E. F. DU CANE, 
 
 Royal Engineers; 
 
 Surveyor- General of Prisons ; 
 
 Chairman of Directors of Convict Prisons ; 
 
 Inspector- Gmeral of Military Prisons ; 
 
 6;c., 6fc., S^'c. 
 
 LONDON 
 
 1872 .
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 AN ACCOUNT OF THE MANNER 
 
 IN 'WHICH SEXTENCES OF 
 
 PENAL SERVITUDE 
 
 ARE CARRIED OUT 
 
 IN ENGLAND. 
 
 MAJOR E. F. DU CANE, 
 
 ROYAL F.NOreEF.RS; 
 
 SUHTEYOR-GENERAL OF PRISONS ; 
 
 CHAIRMAN OF DIRECTORS OF CONVICT PRISONS; 
 
 IN6PECT0R-GENKEAL OF MILITARY FRIB0K8, 
 
 ETC., ETC. 
 
 LONDON. 
 
 1872. ^^\o3^JS'
 
 T 
 1272'
 
 
 AN ACCOUNT OF THE MANNER IN WHICH 
 
 SENTENCES OF PENAL SERVITUDE 
 ARE CARRIED OUT IN ENGLAND 
 
 THE subject of Prison Management, and tlie question Long and exten- 
 of the best manner of carrying out the sentences of England on 
 of the law, have been topics of earnest discussion in 
 England for upwards of one hundred years. 
 
 During that period numerous different views and systems 
 have been brought forward and experimented on, and, in 
 fact, it is difficult to propose any system now on which 
 some light may not be thrown by our experience in England 
 or in the Colonies. In the history of the latter especially 
 is to be found a great source of knowledge and exjierience, 
 and so much is our present system the resvilt of, and 
 founded on the transportation system (which ceased 
 entirely only four years ago,) that those who wish 
 to acquire a full and connected acquaintance with our 
 views and practice should not fail to study the history 
 and phases of that system. 
 
 "We have tried, at various times, as portions of our various systems 
 
 penal system in the colonies, simple deportation or banish- Pcnai Colonies. 
 
 ment ; — we have tried assigning convicts to live as servants 
 
 B 2 
 
 793388
 
 in families of free people ;— we have tried retaining them 
 under charge of the Government, but hiring out their 
 labour to free people for the benefit of Government ;— we 
 have tried planting them out in bodies in a condition of 
 semi-freedom, to work with pay for Government until 
 employers hired them ;— and we have tried, in England, 
 the exact reverse of this, viz. : — keeping them in isolation 
 for lengthened periods in cells. 
 
 Existing sys- Fiuallv, WO uow carrv out a system involving a moderate 
 
 period of isolation, followed by a period during which 
 prisoners live in absolute separation but work in associa- 
 tion. The considerable success which oiu' efforts have met 
 with, figures will easily show. 
 
 History of oiir The more recent history of our Penal System is as fol- 
 
 system. 11 r> t 
 
 lo^s : — Until about 1843 our convicts were all sent, firstly, 
 either to Millbank or to the hulks, and thence a large 
 number were transported to the Colonies. 
 
 Krst iiistitiition j^ 1842, PentonviUo Prison was opened, and the coiu'se 
 
 of a deiiiute 
 
 system. q£ punishment a convict was to go through was reduced 
 
 for the first time to a definite system. Then was com- 
 menced the plan of subjecting selected prisoners on their 
 first reception to a term of strict separation, during which 
 influences, both penal and reformatory, were brought to 
 bear on. them. Those who were thought to have profited 
 by this discipline were then transported to a Penal Colony 
 to undergo the remainder of their sentences, under condi- 
 tions which varied in their character, according to the 
 disposition the prisoner had manifested during his proba- 
 tion in Pentonville Prison. Soon after this, another stage 
 was introduced into the coiu'se, and the system hence- 
 forward applied to all prisoners. Every convict passed 
 
 in England pre- first tlu'ough the stago of absoluto separation; he was then 
 
 ceding transpor- . . . ^ ^ . , 
 
 tiition. removed to a prison m which each prisoner had his 
 
 separate cell, but performed regulated labour in associa- 
 
 Transportation.
 
 tion ; and fi'om among tlie convicts in this stage were 
 selected the men who should be sent to perform the rest of 
 their sentences in the Penal Colonies, passing through 
 stages which led progressively to freedom, the last stage 
 but one being under conditions which resemble that to 
 which the name of the ''Intermediate Stage" has been 
 given ; and concluding their sentences in a state of condi- 
 tional freedom, such as is known in England by the name 
 of " Conditional Eelease." 
 
 In 1863, a Royal Commission, composed of men of Existing system 
 
 / _ -^ _ dates from 1863, 
 
 the largest experience and authority, was appointed to ^^^ founded on 
 
 " -^ ^ ^ ^ previous systems 
 
 consider the whole subject of transportation and penal 
 servitude. "Wliile approving generally the system 
 then in force, they recommended, nevertheless, certain 
 important modifications. It was shortly after this that 
 transportation ceased ; and as this had previously formed 
 so important a part of our system of disposing of our 
 criminals, it may be said that the penal system now in force 
 in England dates its present phase from that period. 
 
 The statistical tables of crime must be studied by those progressive 
 who wish to appreciate the effects of the changes we crimlt^cuimina- 
 have made at various times. It will be sufficient if I '' "'' 
 
 here give the following figures, showing the remarkable 
 decrease of crime of late years ; by which it will be seen 
 that while 1870 gave the smallest number of sentences 
 to penal servitude which had ever been known — being 
 10 per cent, less than the previous year, the year 1871 has 
 again fallen as much below its predecessor, the number 
 being nearly one-fifth fewer than in 1869. 
 
 The following statistics of sentences of penal servi- siiown botii in 
 tude in Great Britain will enable the remarkable decrease of Peaai servi- 
 in serious crime to be appreciated ; and this decrease is 
 not to be accounted for by any other facts than that there 
 has been a genuine decrease in crime. 
 
 tude.
 
 6 
 
 Average in 5 years ending 1859 .... 30-12 
 
 Average in 5 years ending 1864 3109 
 
 Average in 5 years ending 1869 2587 
 
 Actual number in 1870 2016 
 
 Actual number in 1871 1818 
 
 and Imprison- iji^e sentences of imprisonment for sliort periods for indict- 
 ment. ^ 
 
 able offences liave also decreased very considerably, at the 
 
 same time that the increase of population would have 
 
 well accounted even for an increase. 
 
 Eeturn of Imprisonment for Indictable Offences. 
 Average number of sentences of Imprisonment in 
 
 England andWalcs during 5 years ending 1859 . . 12,536 
 
 „ „ „ „ 1864 . . 11,406 
 
 „ 1869 . . 12,058 
 
 Actual number in 1870. . 10,908 
 
 „ „ 1871 . . 10,083 
 
 Ee-oonvictions. The number of re-convictions has also steadily de- 
 creased of late years. 
 
 The average number of re-convictions during 
 5 years ending . . . 1859 
 
 » ). )) » 1864 
 
 „ „ „ „ 1869 
 
 During the year . . . . 1870 
 
 „ „ .... 1871 
 
 The increase in 1871 is dvie,"probably,to the effective execu- 
 tion of the Act passed that year for the Prevention of Crime. 
 
 Fallacious test of This part of the statistics is very often alleged to be the 
 test of the efficiency of a prison system. To my mind 
 there can be no greater fallacy. 
 
 In the first place, the number shown in the statistics 
 may be largely affected by the removal to other jurisdic- 
 tions, or emigration?, Sec, or by imj)erfect police 
 arrangements. 
 
 Moreover, the re-convicted man may have been di;;- 
 
 the 
 
 
 was 
 
 357 
 
 „ 
 
 668 
 
 >> 
 
 523 
 
 j» 
 
 343 
 
 )i 
 
 413
 
 cliarged several years ago, and if the prison system grows 
 and improves as it ouglit to do, or receives important 
 modifications as sometimes happens, the result of the 
 treatment a prisoner underwent years back can be no 
 test of the efficiency of the system carried out now ; and 
 besides, the effect on his mind of his treatment in prison 
 must get weaker as time goes on. 
 
 But it seems to me on principle to be fallacious, object of pun- 
 Punishment is inflicted much more for the purpose j'ossibie'ciimi- 
 of deterring from crime the enormous number of 
 possible criminals, rather than for any effect on the 
 criminal himself; and if a certain number of crimes must 
 be committed every year, I think it much more to be desired 
 that those crimes should be committed by one set of 
 people than that fresh recruits should be brought into 
 the criminal ranks. 
 
 If, therefore, we once succeed in getting the number of 
 convictions down to a minimum, I shall consider that 
 statistics which show that the number of re-convictions 
 bears a large proportion to the first convictions, is both a 
 proof of the efficiency of the police and of the deterrent 
 effect of the penal system. 
 
 To make our tables of re-convictions complete, also we statistics imper* 
 
 feet from not 
 
 ought to bring the discharges and re-conviction of convicts including 
 
 .A.U 811*3.113., 
 
 still in Australia into the anp.ount and this would largely 
 affect the proportion. 
 
 I do not think that either an increase or a decrease prison systems 
 
 n} , J -I Tt ' , 1 ± 1 lia,ve less efiect 
 
 m crime is anected by irrison systems, nearly to such an than some other 
 extent as it has been asserted that they are, unless, 
 indeed, the prisons are very bad indeed, such as our 
 convict prisons have not been for many years. The pros- 
 perity of the country — the facilities for getting a living 
 honestly — the condition of education, moral and literary
 
 8 
 
 — tlic efficiency of the police — all contribute to affect the 
 statistics of crime. But certainly an effective penal 
 system bears its part, and that an impoi-tant part, in 
 attaining the object. 
 
 I will now endeavour to give briefly a view of the 
 system to which, in part, at all events, it is fair to attri- 
 bute the remarkable results shown by the above figures. 
 
 Stops by ■which 
 an offender is 
 brought to pun- 
 islimeut. 
 
 Certainty of 
 ilL-tectioii the 
 first necessity. 
 
 I will begin by a short statement of the course adopted 
 in bringing an offender to punishment, and this is the 
 more desirable because success in the repression of crime 
 depends at least as much in the way in which these preli- 
 minary stages are carried out, as on the subsequent treat- 
 ment of the criminal under punishment ; and the statistics 
 of crime are obviously dependent as much on the police 
 organization by which crime is detected, and the efficiency 
 of the law and of the legal practice by which it is 
 brought to juvstice, as on the rules or system by which 
 punishment is carried out ; and also because there are 
 points in connection with the treatment of persons accused, 
 but not yet convicted of crime, to which attention may 
 be usefully directed. 
 
 The first stop taken by a xiersori who has suffered 
 from a crime committed against him or his property, is, 
 of course, to apply to the police, and give them all infor- 
 mation which may enable them to trace out the offender. 
 
 As it is obvious that no system fur the treatment or 
 punishment of offenders after they are caught can be of 
 much avail in repressing crime, unless the means of de- 
 tecting and apprehending the offenders are effective, it 
 foUows that the first and most important object to be 
 attained in endeavouring to repress crime by jninish- 
 ment is to approach as nearly as possible to certainty of 
 detedmi. The police must therefore be effectively organ- 
 
 %
 
 9 
 
 ized ; they must be intelligent, and, above all, honest ; and 
 tliey must have a good knowledge of the ways and prac- 
 tices of criminals, and, as far as can bo attained, some 
 personal knowledge of them. 
 
 Supposing that the person who has committed the offence Apprehension. 
 can now be identified, or that suspicion is strongly directed 
 on somebody, the next step taken is to swear an informa- 
 tion to that effect before a magistrate, and procure a 
 warrant for the apprehension of the supposed offender. 
 The effective execution of this step again depends on the 
 vigilance, intelligence, and knowledge of the police. 
 
 If the oft'ender is apprehended, he is lodged in cells 
 under charge of the police, until he can be brought before 
 the magistrates in Petty Sessions, who will hear and 
 determine, on sworn evidence, the charge against the pri- 
 soner, and any defence he may set up ; and if they 
 consider that the case is prima facie made out against him, 
 they may either remand the case for further evidence, or 
 may, if they are satisfied with what they have heard, 
 either inflict such punishment as is in their power, or, if 
 the law requires or allows it, can send him to prison 
 for trial at Quarter Sessions or Assizes. 
 
 This is the proper r)lace in which I should point out Defects iu ar- 
 rangement for 
 
 what seems to me to be an important defect in our law custody of 
 
 Tintried offenders 
 
 and criminal arrangement. For a century or more we 
 have been endeavouring to improve our prison buildings 
 — we have by law enforced that every convicted prisoner 
 should be lodged in a separate cell where he can eat 
 and sleep alone, unable to contaminate others or be 
 contaminated himself ; we have enacted that his cell 
 shall be properly warmed and ventilated, that he shall be 
 provided with means for communicating with the warder 
 in case of sickness or for any other reason. Wo provide 
 him with books, with medical attendance, with means
 
 10 
 
 of cleanliness, and, in fact, -with every requirement of 
 health and decency, but the unconvicted prisoner we 
 have entirely neglected to provide for by law, and conse- 
 quently we find that though a sense of right has in many 
 cases led to proper provision being made, there are places 
 where all these things are absolutely wanting, and where 
 a decent man who has got into trouble may find himself 
 crowded in with the vilest set of criminals, or passing the 
 night with a noisy crew of drunkards in a room or cell 
 without means of light, warmth, or ventilation. This 
 state of things ought, it seems to me, to be remedied by 
 proper legal enactments, for no unconvicted prisoner 
 should suffer more inconvenieace than is necessary in 
 order to ensure the scciu'ity of his person. 
 
 Trial. The next step taken in arriving at the conviction of an 
 
 offender is his trial. "Without entering into the various 
 kinds of coui'ts for the trial of ofi'enders, it is enough to 
 day that if his crime is serious, his trial takes place at the 
 Assizes, which are held twice a year (or thi'ee times in 
 some places.) It is clear that the first necessity for pro- 
 moting the ends of justice is that the evidence in the case 
 should be fully and fairly laid before the court. The 
 prisoner and his friends have of course, every interest to 
 represent their defence, and means of doing so are not 
 usually wanting ; but the law by which the person who 
 has already suffered the wi'ong has further to take on 
 himself the burthen and exi)ense of carrying on a prosecu- 
 tion in which he has no more interest than any other 
 member of society, is both a grievous wrong to him and 
 may give an undue advantage to the criminal. Probably 
 many cases occm* in which a man prefers to suffer in 
 silence the first loss caused by the crime, rather than add 
 to it the trouble and loss he will suffer if he has to 
 prosecute.
 
 11 
 
 I have referred to " certainty of detection " as the first cp^ainty of con- 
 
 '' ■viction of ottcn- 
 
 poiut to be aimed at in endeavouring to j)romote tlie ^gcc^'^it ?''''^*^"'^ 
 repression of crime, ''certainty of conviction" is an equally 
 important point in connexion with the subject and for 
 which proper means should be provided. 
 
 The charge against the prisoner, framed on the deposi- 
 tions taken before the Committing Magistrate, is now 
 taken before the Grand Jury who consider whether there 
 is a case on which to indict the prisoner ; and if they find 
 a tnie bill, he is put on his trial. The counsel for the 
 prosecution states to the Jury the case against the prisoner, 
 and bring- evidence ; the counsel for the Prisoner states 
 the prisoner's defence, and brings his evidence ; either 
 counsel cross-examine the witnesses of the other ; the 
 counsel for the prosecution replies to the defence, the 
 Judge sums iip the evidence impartially for the assistance 
 of the Jury, directing them on points of law and impressing 
 on them that if they have any reasonable doubt they are 
 to give the prisoner the benefit of it. 
 
 If the prisoner is found guilty, he is then sentenced by '^^^ sentence. 
 the Judge. If the sentence is to a short term of impri- r^j^ ^^ 
 soument, he is sent to a County or Borough Gaol — Borough Prisons 
 establishments which are managed entirely by the local 
 Magistracy, subject, of course, to the Acts of Parliament, 
 the due execution of which is only provided for by a very 
 imperfect control on the part of the Government ; but if 
 his sentence is to penal servitude, he finds his way, in 
 due course of time, either to the Government convict 
 Prison of Pentonville, or to that at Millbank ; in one of The Govenunent 
 which prisons the first part of his sentence is in all cases 
 carried out. 
 
 I may here mention that in England a sentence of All convicts 
 
 subjected to the 
 
 penal servitude is in its main features, and so far as same system of 
 
 punishment. 
 
 concerns the punishment, carried out on exactly the same
 
 12 
 
 Various reasons 
 why tliis should 
 be the case. 
 
 system to every person subjected to it. Tlie previous 
 career and character of the prisoner makes no difference 
 in tlio puuishmont ho is subjected to, because it is 
 cous,idered, aud rightly, I think, that it is for the Courts 
 of Law, who have, or should have a full knowledge on 
 these points to consider them in awarding the sentence, 
 and if any prisoner was subjected to harsher or milder 
 treatment in consequence of any knowledge the prison 
 authorities might have of his previous character, it might 
 be that he woidd practically be punished twice over on 
 the same account, and on information much less complete 
 and less impartial than the Court of Law would have at 
 its command. The Groverumeut would also be always 
 liable to charges of favouring or spiting certain particidar 
 prisoners ; and any feeling of this kind would be fraught 
 with danger and inconvenience. 
 
 The Judge 
 should be able to 
 know the exact 
 effect of his 
 sentence. 
 
 It is also considered, and justly, that the Judge or Coilrt 
 who passes the sentence should know, or should be able 
 to know precisely the exact effect of the sentence, and 
 this would be impossible if any discretion rested with 
 the executive officers, as to the mode of carrying out the 
 punishments. At the same time, it is oj)en to considera- 
 tion whether more than one mode of the carrying out the 
 punishment might not be laid down hj authorUij, as appli- 
 cable to certain defined cases, or a discretion might be 
 given to the Judges as to the system which each prisoner 
 should be subjected to. 
 
 "\\Tiether or not this alteration should be made depends 
 on the importance attached to the effect of punishment 
 as an example to deter others from the commission of 
 crime ; or the effect in deterring or reforming the individual 
 himself. 
 
 Leading princi- 
 plea oX our 
 (system. 
 
 Oiu' convict system is devised with a view to combine 
 the principles of deterring fi'om the commission of crime
 
 13 
 
 and reforming the offender. The latter is an object "wliich 
 for every reason we are bound to follow strenuously, but 
 it must not be effected in such, a manner as to interfere 
 with the former, because punishment is primarily to pre- 
 vent crime by the warning held up to those who might, 
 but for such influences, fall into it, 
 
 A sentence of penal servitude in England is di\'ided Three stages of a 
 
 ■^ ° sentence of 
 
 into three principal stages : the ffrst stage is passed at ^®"«^ Servitude. 
 Pentonville or Millbank, it endvu-es for nine months in all 
 cases, and for that period the prisoner passes his whole 
 time — excej)ting the periods allotted to prayers and exercise 
 — alone in his cell, working at some employment of an 
 industrial or remunerative character. The second is 
 passed in a prison in which he sleeps and has his meals 
 in a separate cell, but works in association under a close 
 and strict supervision at employment suited to him. The 
 third period is that during which he is conditionally 
 released from prison, but kept under the supervision of 
 the Police, and liable for any infraction of the conditions 
 of his release, to be returned to prison, there to fulfil the 
 whole of the remitted portion of his sentence. A stage 
 intermediate between the Public Works and the Condi- "Refuges" for 
 tional Eelease is applied to women, who may be sent to ^°'^^°- 
 ''Eefuges" for six months before their release on licence, 
 establishments managed by private people who interest 
 themselves in preparing the women for discharge, and in 
 procuring suitable situations for them. 
 
 It is not necessary for me to state in detail here the 
 rules laid down for the treatment of prisoners in the 
 three stages, but I will give an outline of the objects 
 which are aimed at. Further information will be found 
 in the Appendices. 
 
 The fii"st is that every convict should be subiectod to Object of the 
 
 •^ >> nrt^t stage m isO' 
 
 a period of strictly separate confinement which not only is '^''^^i- 
 a severe penal discipline, but during which his mind is
 
 14 
 
 thrown ia upon itself, and lie cannot fail to feel, that 
 however agreeable may have been his previous life, 
 probably one of idleness and excitement, he pays deai'ly 
 for it by the dull monotony and hard work, scanty fare, 
 and above all. the absence of freedom and constant super- 
 ^'ision which is his present condition and which form his 
 prosj)ect for some j-ears to come. 
 
 During this time he becomes open to lessons of admoni- 
 tion and warning, religious in3.uences have full opportunity 
 of obtaining access to him; he is put in that condition 
 when he is Kkely to feel sorrow for the past and to welcome 
 the words of those who shew him how to avoid evil for 
 the future. 
 
 Tn'^eu °* ^'^°" ^ have said that this stage of a prisoner's sentence 
 
 endures for nine months, and it may naturally occur to 
 anybody to ask if its effects are both penal and reformatory 
 such as I have described and believe them to be, why 
 the same treatment should not be followed throughout 
 the whole of the sentence ? The reason is, that it has 
 always been held that we must bear in mind that the 
 prisoner should not only be punished and taught what is 
 right, but should be returned to society fitted both morally 
 and physically to fulfil his proper duties in the battle 
 of Hfe. 
 
 Perpetual seclusion in a cell for years, with no commu- 
 nication with his fellows, is an artificial state of existence 
 so absolutely opposed to that which nature i^oints out as 
 the condition of mental, moral and physical health, and so 
 absolutely unlike that which he is to be prepared to 
 follow on his discharge from prison, that it cannot be 
 expected to fulfil the required object. 
 
 When the system of separate confinement was first 
 established in the model prison at Pentonville years ago —
 
 15 
 
 tlie duration of tlie period of separate confinement was 
 fixed at eighteen months. 
 
 Eesiilts, however, showed themselves which coukl not be 
 neglected. It was shewn incontestably, as the reports of 
 the commissioners demonstrated, that the minds of the 
 prisoners became enfeebled by long continued isolation, 
 and after the various trials the present term of nine 
 months has been fixed on as the longest to which prisoners 
 can with advantage be subjected to this stage of the 
 discipline. 
 
 Keeping in view the principle that during his imprison- Moral and men- 
 ment the convict is to be prepared and enabled to lead a ^^^ "i^^^'=*^°^- 
 reformed life when he is discharged, attention is paid 
 during this period both to his moral, mental, and literary 
 education. 
 
 Every prison has its staff of Ministers of Religion, who 
 in nearly all cases, are not permitted to have any other 
 duties, and who therefore can devote their whole time to 
 the improvement and advantage of the prisoners placed 
 under their spiritual care. 
 
 The advantage of thus inculcating religious feelings will 
 not be contested by anybody, and notwithstanding the 
 doubts which have been called out by injudicious exagge- 
 rations of the results of these influences, and by miscon- 
 ception of the true position of and functions fulfilled by the 
 Chaplains of prisons ; it is certain that these advantages 
 are much appreciated by prisoners, and that the exertion 
 of the Ministers of Eeligion bear perhaps as much fruit 
 as in the world outside. 
 
 The Prison Library and Educational Department are in 
 charge of the Chaplain's Department. Books are supplied 
 to the prisoners, both of a purely religious and instructive
 
 16 
 
 character ; and those "who are uneducated are taught "by 
 a staff of schoo]mastcrs, at least the elements of reading 
 and Avriting ; those 'nho have already some knowledge 
 have opportunities and encouragement in improving them- 
 selves. As a knoTvlcdge of reading and vn'iting afford so 
 much oi")portunity for mental and moral improvement, 
 and may have so important effect on a prisoner's -svell-being 
 in after-life, great inducements are offered to prisoners to 
 exert themselves to attain it, by rendering some of the 
 subsequent privileges a prisoner may gain conditional on 
 his being able to read and -write. For example, no convict 
 can be promoted to the 1st Class unless he can read and 
 write, and after he has been under instruction a sufficient 
 time, he is obliged, if he wishes to enjoy the privilege of 
 communicating by letter with his friends, to do it himself 
 and without assistance. Of course, exceptions to this ride 
 are made, in the cases of men who, from age or mental 
 incapacity, cannot be expected to acquire even the elements 
 of knowledge. 
 
 naif-Tcariy Half-yearly examinations are held to shew the progress 
 
 examinations. . j- o 
 
 each prisoner makes, the result of which may be seen in 
 the yearly report of the Directorsof Convict Prisons. — [_See 
 A;P2^endix IT-] 
 
 Educational 
 
 results. 
 
 Taking the Prisons at Chatham, Portland, and Ports- 
 mouth, it is found that of 775 prisoners discharged during 
 1871, 158 who coidd neither read nor write when convicted, 
 had learnt to do both while in prison ; and most of the 
 remainder had made advances in the knowledge which 
 they previously possessed. 
 
 ^age'*^ ^^^^^' After passing the allotted time in close confinement the 
 
 convict is removed to a prison where he is employed at 
 labour in restricted association, in the majority of cases 
 labour on Public Works, or farming, clearing or reclaiming 
 laud and so on, but as some men arc not adapted for this
 
 17 
 
 kind of employment, there are some prisons in whicL. boot- 
 making, tailoring, and indoor employments are carried on. 
 
 In whatever stage of his sentence a convict may ho. Convicts always 
 
 ^ . , . ^ livoinsoparation 
 
 he is always provided with a separate cell which he though they 
 
 work iu associa- 
 
 occupies at all times when not at work, at prayers or at tion. 
 exercise. The sick or invalids are necessarily more asso- 
 ciated, but the infirmaries recently constructed place the 
 great majority in separation. The chances of contamination 
 are, therefore, reduced to a minimum (a few prisoners at 
 Dartmoor live in association, but this defect Avill not exist 
 more than a few months longer.) 
 
 Every convict during his sentence may pass through ciassiflcatiou of 
 four classes called the probation, the 1st, 2nd, and 3rd 
 class, and certain selected prisoners are also placed during 
 the last year of their sentences in a special class, [^i^^*- 
 pcndix VI.] 
 
 The probation class lasts for one year, nine months of 
 it is passed in a close prison, as already stated, the other 
 three months on Public Works. 
 
 The 2nd and 3rd classes must each last for one year 
 at least, and the remainder of the sentence may be passed 
 in the 1st class, unless a prisoner is promoted during his 
 last year into the special class. 
 
 Promotion into each of these classes is followed by certain ?acii class has 
 
 ^ its privileges. 
 
 privileges, and each class wears its own distinctive badge. 
 
 These privileges are necessarily very limited, but still 
 they offer inducements which are much sought after. 
 
 All privileges of increased diet have been abolished Ko privileges of 
 
 diet . 
 
 since 1864, as it was justly thought that to hold out pros- 
 pects of food as an inducement to good behaviour was 
 to appeal to the baser feehngs, such as a good moral 
 education should endeavour to supjjress; and secondly, 
 because it was found that unfavourable impressions were
 
 Diet Scales. 
 
 Privileges of the 
 Various classes. 
 
 18 
 
 rotluced outside by comparing the diet of tlie prisoner 
 who enjoyed these slight improvements in the quantity 
 or cxuality of the food, with ' that of the honest hard- 
 working free man, whose scanty means were hardly 
 suf&cient to keep himseK and family in health. 
 
 The diet in fact is fixed at the minimum necessary to 
 enable a man to execute the work required of him, but if 
 he should be idle and not execute the work, then the 
 amount of his food is reduced. — \_See Ajyj^endix V.] 
 
 The advantages ofiered, therefore, by the higher classes, 
 consist in the more frequent communications by visit or 
 letter with their friends, in more freedom for exercise on 
 Sundays, and in the earning of a higher gratuity of money 
 to be paid on the x^risoner's discharge. — \_See Ap2oenclixYl.~\ 
 
 The period which a prisoner passes in each class is 
 measured not simply by time, but b}^ days of hard work, 
 on a plan which I wiU exj)lain when I come to the system 
 of marks. 
 
 K emission of 
 Beatcncc. 
 
 In addition to the present privileges which a prisoner 
 can gain by promotion to a higher class, he is offered the 
 still greater, though more distant advantage, of slightly 
 diminishing the duration of bis sentence or obtaining 
 " Conditional Release. " 
 
 Maximum 
 amount. 
 
 Earned by indus- 
 try only." 
 
 The amount of remission which any prisoner may gain 
 is one fourth of the whole period he passes on Public 
 Works, and this remission is gained by industry alone, 
 and not by "good conduct," which in a prison, can be 
 little more than being passive or abstaining from acts of 
 indiscipline, or irregularity — certainly he is not allowed 
 to profit by any lip professions of piety or reformation. 
 
 . ., „ .„ On the other hand, acts of ill-conduct are followed by 
 
 Forfeited by ill- ' '' 
 
 conduct. forfeiture of remission, degradation to a lower class, and
 
 19 
 
 the loss of privileges gained by incliistry, as ^rell as by ^^''^^ p^^?^* 
 
 J- o o J ^ ' J mcnts for lU- 
 
 solitary confinement, reduction in diet, corporal pnnish- conduct, 
 ment, and so on, and if b}- repeated misbebaviour, a 
 prisoner shews that his treatment in the close prison has 
 not had its due effect upon him, and that he is not fit for 
 associated employment on Public "Works, he may be 
 ordered to undergo the discipline of the Penal Class in 
 second probation for such jieriod as may be thought 
 necessary ; or if during the course of his whole sentence he 
 conducts himself badly, he may be ordered to pass the last 
 six months in separate confinement, so that the deterrent 
 effect of that discipline may be impressed on his mind 
 when he is set free. — \_Si'e A2)2}endix YIIL] 
 
 The power of punishing a prisoner resides only in the •'\°^-^^^°f ^f^ 
 Go"\'ernor and in the Director. 
 
 The limits of punishment in both cases are laid clown by Laid down by 
 
 '- , '' Secretary of state 
 
 the Secretary of State, and no punishment can be awarded 
 without fidl investigation of the charge conducted in the 
 presence of the prisoners. The Grovernor has powers 
 sufficient to deal with minor offences, and every punishment 
 he orders is reported to the Director with a statement of 
 the prisoner's offence. 
 
 The Director, whose functions correspond with those of The Director acts 
 
 as Magistrate. 
 
 a Magistrate, awards punishments for offences of a grave 
 
 character. Only the Dii-ector has power to award corporal 
 
 punishment, and he only for certain offences defined by 
 
 the Secretary of State, and after full enc[uiry on oath 
 
 conducted in the most formal manner. No unusual pun- ^.^^^^ ^^ prevent 
 
 ishments may be inflicted. Chains, handcuffs, or means p^^^g. 
 
 of special restraint may not be made use of except under 
 
 certain defined circumstances, and under strict regulations, 
 
 and the use of them is always reported and recorded in a 
 
 formal manner. 
 
 It can hardly be necessary to add that no officer is 
 
 c 2
 
 20 
 
 Ko officer allowed allowod to striko or abuse a prisoner, sliotild he find it 
 
 to illtrt'at a • t r> • 
 
 prisoner. nocossary on account of the violence of any prisoner to 
 
 make use of his weapons, he is alwaj's called upon to shew 
 that he confined himself strictly to the necessities of the 
 occasion, or failing to do so he must bear the consequences. 
 
 rrisoncrs must 
 fool they arc 
 treated justly. 
 
 Appeals by pris- 
 oners. 
 
 Tosition of 
 Directors. 
 
 Petitions to 
 Secretary of State 
 
 E£fect of the 
 systems of 
 rewards and 
 punishments. 
 
 To maintain a strict and stern discipline without exciting 
 constant resistance, it is above all things necessary that the 
 prisoners shoidd feel that the rules are carried out justly and 
 fairty, that the officers are simply administering the law, 
 and that in case of any abuse of power on the part of an 
 officer he will be held answerable for it. 
 
 To this end every prisoner has um'estricted right of 
 appeal against the act of those above him, he may lay his 
 complaint in the first instance before the Grovernor who 
 is bound to investigate it, and to x)lace the appeal on 
 record, or he may appeal to the higher authority of the 
 Du-ector, who can, if he sees fit, reverse the decision of the 
 Grovernor. 
 
 The Director not coming in daily contact with the officers 
 and prisoners, but only visiting the prison magisterially 
 at imcertain intervals, it is of course felt that he can give 
 a fresh and impartial consideration to any question or 
 complaint. 
 
 Besides this the prisoners have the power of petitioning 
 the Secretary of State — they exercise freely these rights 
 of appeal and petition ; and the effect of these provisions 
 is, not only that prisoners feel that they cannot be unfairly 
 dealt with, but the officers are constantly reminded that 
 they are liable to have to answer for any act which they 
 may perform. 
 
 The effect of the system of rewards and punishments, 
 by which we are enabled to maintain order and discipline 
 in the prisons, is shewn by the folloAving statement of the
 
 21 
 
 num'bcr of prisoners piinislied during the past year 1871. 
 Of 13,582 males who passed through the Prisons 6796 did 
 not break the rules in any way, and 6347 were actually 
 punished. Of 2184 females who passed through the 
 prisons 1414 did not break the rules, and 689 were 
 actually punished. 
 
 The return of prison offences during the past year also Habitual prison 
 establishes another fact, that in an average population of 
 9980, or an aggregate population of 15,766 there occurred 
 24,071 offences, and these offences certainly were not com- 
 mitted equally among all the prisoners, for there were 
 only 7036 prisoners punished, and even among these 
 the great bulk of the offences are committed by a 
 limited number, the habitual offenders against the Rules. 
 Only 128 of the prisoner discharged in 1871 failed to earn 
 some remission from their sentences, while 1503 gained 
 some remission. Many had never misconducted themselves 
 at all, and a large proportion had gone through their 
 imprisonment of many years with only some trifling 
 breach of regulations recorded against them. 
 
 It seems to me that these facts are very important. The Go?"! order 
 
 •' ■*• mamtamed in 
 
 result is not due to an easy and slack system, under prisons without 
 
 ■' •' ' constant recourse 
 
 which offences are passed over without report and without *° pumsiiment. 
 
 punishment, on the contrary, it will be apparent even to a 
 
 casual visitor, and is well known to those who are more 
 
 intimately acquainted with the interior of the prisons 
 
 that order is strictly maintained, and that the discipline is 
 
 stern. 
 
 The result shews, in fact, that in this respect, at all 
 events, our system produces the result it is intended to do, 
 but more especially it shews that the organization of the 
 Department is effective, and that the staff of officers 
 perform their duties with resolution and with judgment. 
 
 The plan by which we endeavour to bring before the
 
 Tho Mark ! 
 
 tvUi. 
 
 Its ol'jects 
 
 pri.soucv, ill ii form easily iuti^lligible to liim, tliat as iu or- 
 diuary life, the advantage held out to liiin as an encourage- 
 meut to industry are directly proportioned to his industry ; 
 that ho cannot be idle for a day -without a corresponding 
 loss ; that good conduct is necessary as -well as industry, 
 because ill conduct will deprive him of the advantages 
 ho would gain by his industry— is by a system of record- 
 ing the industry by marks. I will not here enter into 
 the details of the system, — [sf^ Ajjpendix IX] — but I will 
 state the principle on which it is framed, viz. : — 
 
 The principlos 
 on which it is 
 framed. 
 
 To every man is assigned the duty of earning a num- 
 ber of marks proportioned to the length of his sentence. 
 These marks may be earned cither at the lowest rate, iu 
 which case he will serve out the whole of his sentence ; 
 or at the highest rate, when he will get off about one- 
 fourth, or at any immediate rate when he will earn pro- 
 portionate remission. 
 
 The record l>y marks applies not only to the amount 
 of remission the prisoner can gain from his sentence, but 
 also to every step in the class he passes through during 
 his imprisonment ; for instance, he is required to pass at 
 least a year in each of the classes ; but during that time 
 he must earn a definite number of marks, or else his pro- 
 motion is delayed; and, further, the gratuity which 
 he earns in each class is calculated according to the 
 number of marks he earns. 
 
 Checks to ensure 
 fair award. 
 
 To ensure u fair value in marks being assigned to 
 each man's industry, not only is a rigid supervision and 
 check maintained on the working parties by Principal 
 Officers, the Chief Warder, Deputy Governor and Governor, 
 who pay particular and especial attention to this point, — [_see 
 Appendix I'X..^ — but the prisoners' work is measured by a 
 staff of professional officers, employed for the purpose, 
 who act quite independent of the regular discipline staff.
 
 23 
 
 and "wliosa measurements are priced out in money, and 
 afford a check and test of the correctness of the assign- 
 ment of marks of industry. 
 
 Every prisoner is furnished with a card on which, 
 periodically, his earnings in marks are recorded, and if he 
 feels himself unfairly dealt with, he has free right to 
 complain, and his grievances are investigated. 
 
 In this manner, day by day, week by week, and year by 
 year, he can count, and record the progress he is ma- 
 king, towards an advance in class, in accumulation of 
 money, and towards final remission of his punishment ; 
 and he is made perfectly to see and feel that his own 
 fate is in his own hands, and that he has a something to 
 work and to hope for, more than the mere avoidance 
 of punishment. 
 
 The course followed with regard to the female con- Female convicts 
 
 treated in the 
 main on the 
 same principles; 
 
 victs is in the main the same as I have described with mam on the 
 
 more particular reference to the men. They may earn, 
 however, a larger proportion of remission, viz.: one third ; 
 and to those whose good conduct and character justifies 
 the hope of complete amendment, a further advantage is 
 held out by their being allowed to pass the six months 
 immediately preceding the term of their release in 
 ''Refueres" established and managed by private effort,,, "Refuges" for 
 
 *=' . /-, TT remale Conviota 
 
 assisted by contributions from the Government. Here 
 they enjoy the inestimable advantages of a treatment 
 approaching in its characteristics to that of home influence; 
 for those establisliments are not prisons either in appear- 
 ance or in discipHne — they are homes. There are now 
 three Eefuges for female convicts authorized by the 
 Secretary of State : — the Carhsle Memorial Refuge at 
 "Winchester; the Eagle House Refuge at Hammersmith, 
 for Roman Catholics ; and the Westminster Memorial 
 Refuge lately established at Streatham. 117 women
 
 24 
 
 passotl through thcso Ecfiigos last year, out of a total of 
 27.) Avho wore discliargocl from sentences of penal ser- 
 vitude. The numher availing themselves of the advantages 
 thoy offer was last year Hmitcd by want of more accommo- 
 dation ; hut the estabKslmiont by the Discharged Prisoners' 
 Aid Society, of the last-mentioned Eefuge at Streatham, 
 has prevented the possibility of their suffering this disad- 
 vantage a":aiu. 
 
 Great (lifiiculty 
 in disposing of 
 liberated ijris- 
 oners. 
 
 Supervision of 
 the police. 
 
 It is at the conclusion of all this course of discipline, 
 punishment, and reformation, when the prisoner is 
 again to be thrown on his own resources, and loft to 
 his own guidance to face the trials and meet the 
 temptations to which he has before, once or oftener, 
 succumbed, that occurs the greatest difficulty to those 
 who hope either by fear or reformation to have at least 
 caused a prisoner to wish to do well on his release. 
 
 In Groat Britain there are two influences brought 
 to bear on a discharged prisoner. Firstly, he is placed 
 for a limited time under the Supervision of the Police to 
 such an extent as to satisfy them that he is not falling 
 again into a career of crime, or in case he should do 
 so, to ensure his being speedily remitted to undergo 
 further discipline in prison. [_See Ajjpendix XI.'] 
 
 Secondly, he is offered the assistance of private 
 Societies established expressly for the purpose of aiding 
 discharged prisoners in their eflforts to maintain them- 
 selves by honest labour. The Government feeling that 
 a work of this nature is one which ought to be carried 
 out by private efforts, still look with great favour on 
 these Societies, and in fact in every reasonable way so 
 far as they judiciously can, encourage prisoners to take 
 ad-vantage of their aid. 
 
 Number of pris- In the Eoports of the Directors of Convict Prisons will 
 
 oners assisted by 
 
 tbem. 'be found for some years past the number of prisoners 
 
 Discharged 
 Prisoners' Aid 
 Societies.
 
 25 
 
 wliom tliese Societies have aided. Diiring the year 1871 
 nearly half the male prisoners "who were discharged, 
 and more than two-thirds of the females, were assisted 
 in this manner. 
 
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 It is a work of charity which for every reason it is High importance 
 desirable to encourage and develop, for nothing can be ° * escsocieies. 
 imagined more hopeless than the condition of a man 
 cast out on the world with a ruined character and 
 without friends to help him, surrounded by temj)tations 
 from which he has been long removed, or open to the 
 influence of former evil associates.
 
 26 
 
 Prevent iiiR the 
 fonuatioii of a 
 criminal class 
 espoiially since 
 transportation 
 has been abol- 
 ished. 
 
 For centuries Groat Britain has taken advantage of 
 the various ^vasto lands of the globe, to deport to them 
 her criminal population, effecting thus the double object 
 of developing countries which but for such aid might never 
 have been the seats of such thi'iving communities as now 
 exist there; at the same time achieving the object of pre- 
 venting the formation of a criminal class in this country ; 
 whilst as regards the criminal himself, who, so long as he 
 remained in England, would have found it difficult to be 
 anything but a criminal, he found himself placed in such a 
 position that by industry and honesty he woidd surely gain 
 an ample reward, and where crime offered less induce- 
 ments tlian a steady and respectable- life. 
 
 This resourse is now lost to us, and we should weU 
 consider the consequences it must have, and take timely 
 steps to avert the consequences such as are referred to 
 in the evidence given before the Committee on Prisons 
 and Punishments in 1847. 
 
 Ba^°^Ra^ke7' ^ Report from Mr. W. Bayiie Eanken, Honorary 
 Secretary of the Discharged Prisoners' Aid Society, in 
 London, (which may be taken to represent these Institutions 
 as the number of cases it imdertakes exceeds by far that 
 of any other such Society,) will serve to elucidate the 
 principles and results of the work undertaken by these 
 Societies. 
 
 Number assisted 
 since 1857. 
 
 With satisfac- 
 tory results. 
 
 "The total number we have assisted since our Estab- 
 lishment in 1857, is 7111 up to the present time, and of 
 this number 6528 are male convicts, and 583 females. 
 Of the men we continue to receive not only until the 
 expiration of their license, but in many instances long 
 afterwards, most satisfactory reports. 
 
 "It cannot be denied that among the large number 
 of discharged prisoners aided by us, certain cases have 
 proved unsatisfactory, but as far as we know, the vast
 
 27 
 
 majority of persons we have assisted liave eutered on and 
 been established in a respectable course of living. 
 
 " With regard to women we were particularly fortunate, Particularly 
 
 ■with the -wromen. 
 
 and not only have many women obtained respectable 
 situations through the instrumentality of our Society, 
 but have evinced their thankfubiess by writing most 
 grateful letters, and calling from time to time at our 
 Office to express their obligation to the Society, bringing 
 in more than one instance contributions from their scanty 
 wages to 'help some other poor thing.' 
 
 "With regard to the men we help, on their arriviuff at Course of pro- 
 
 ^ ^ -•■ ' ° ceedmg -snth the 
 
 our office, they are questioned as to their prospects and society. 
 wishes for the future ; are furnished (from the gratuities 
 they have earned in prison, which are paid at their own 
 request into the hands of the Society) with pocket money, 
 and provided with suitable clothing ; they are placed, 
 if remaining in Loudon, in respectable lodging houses 
 known to the Society's agents, and then every effort is 
 used to get them respectable and suitable emj^loyment ; 
 many are sent to join their relatives and friends when 
 they have any, who are respectable, and who are ready 
 and willing to assist them. Some obtain berths on board 
 ship, and many get work of various kinds in the Metro- 
 politan District. 
 
 " It is, in my opinion, most imdesirable to dwell too 
 much or enter too fully into the description of work such 
 men obtain, or give publicity to the names of the large em- 
 ployers of labour who are kind enough to aid these unfor- 
 tunate persons. Any such knowledge can always be 
 obtained by an inspection of the Society's books, which 
 are always to be seen at the office, 39, Charing Cross. 
 
 "The men employed in the Metropolitan District are Prisoners aided 
 
 and visited 
 
 visited, periodically, by Agents of the Societ3^ and a daily periodically by 
 
 7" ./ ./ o ^ ./ ^jjg society. 
 
 report is made by these agents of the cases they have
 
 28 
 
 Causes which 
 have leil to 
 diminution in 
 crime. 
 
 Evidence of 
 prisoners of the 
 deterrent effect 
 of the piinish- 
 meut. 
 
 Number of 
 Female Convicts 
 aided by Dis- 
 charged Prison- 
 ers' Aid Societies 
 in 1671. 
 
 visited tlie previous day ; these reports are verified Ly tlio 
 Secretary. A correspondence is also kept " up with the 
 Chief ConstaLlc of any pLace to which a man is sent 
 heyond the Metropolitan District, and communications 
 respecting him opened with any Magistrate or Clergy- 
 man likely to interest himself on his hchalf. 
 
 " The diminution of crime, in my opinion, is owing in a 
 considerable degree to the efforts of this Society, and 
 still more to the strict discipline now maintained in 
 convict prisons, which renders men who have once been 
 convicted to penal servitude most unwilling again to run 
 the same risk. 
 
 "At our office our clerk and agents are constantly 
 told by discharged prisoners that they will do anything 
 to avoid going back to prison; nine-tenths of them saj'' so 
 now, whereas a few years ago they made comparatively 
 light of the prospect of future imprisonment. The two 
 deterrent causes work admirably together : — the dread 
 of re-conviction, the assistance to avoid it and to enable 
 the men to become honest if they really wish to do so. 
 They have now every reason to avoid crime, every induce- 
 ment to try and earn a respectable livelihood. " 
 
 Eeturn of the Ntjmbek. of Female Convicts discharged 
 from Convict Prisons during the Year 1871, showing 
 those who went to Prisoners' Aid Societies and Eefu<?es. 
 
 Prisons. 
 
 Mission to 
 "\\"omen 
 D. P. A. 
 
 Society. 
 
 Eefug-e, 
 Battery 
 House, 
 Win- 
 chester 
 
 Eefuge, 
 Eaglo 
 House, 
 
 Hammer- 
 smith. 
 
 Total. 
 
 Not to 
 
 any 
 
 Society 
 
 Total. 
 
 Millbank 
 
 Woking 
 
 Pulham 
 
 2 
 19 
 
 7 
 
 40 
 66 
 
 1 
 
 47 
 23 
 
 3 
 
 106 
 
 96 
 
 12 
 48 
 11 
 
 15 
 154 
 107 
 
 Total . . 
 
 28 
 
 106 
 
 71 
 
 205 
 
 71 
 
 276
 
 29 
 
 Having tlms given a general view of the coui'se a 
 prisoner goes thi'ougli in fuliilling a sentence of penal ser- 
 vitude, I Tvill enter more fully into the manner in which 
 some parts of it are carried out. 
 
 It has for many years been an established principle Reformatory 
 
 "^ '' i r influences of 
 
 in Enp-lish Prisons to endeavour to instil into the convicts iadusti-iai 
 
 *=• trauung. 
 
 habits of industry, to develop their intelligence by em- 
 ploying them on industrial labour, and to facilitate their 
 entering the ranks of honest industry on their discharge, 
 by giving them facilities for acquiring a knowledge of 
 trades. These objects are fortimately conducive to prilons^argeiy 
 another very desirable result, viz. :— that of making the s'^i^-s^PPorting. 
 prisons self-supporting in various degrees — some of them 
 doing an amount of labour the value of which more than 
 covers the cost of their maintenance. 
 
 The gross cost for maintaining the convict estab- Gross cost in 1871. 
 lishments in England during the financial year 1871 
 was £313,633, and in the same period the earnings 
 of the convicts amoimted to £228,244, or £22 19s. '^\d. 
 per head on the average number. The net cost of the 
 prisons after deducting the value of the prisoners' labour 
 amounts only to £85,389, or £8 lOs. per head. 
 
 The following extract from a paper prepared in 1871 
 shows sufficiently the practice in this respect in the Eng- 
 lish Prisons, and the results attained, both those for short 
 sentences and the Government Prisons where sentences 
 of penal ser\T.tude are carried out. 
 
 "There are three objects to be attained by the em- Three objects of 
 
 •^ inaustnal work 
 
 ployment of prisoners at labour : Firstly, to create a deter- ^ prisons. 
 rent effect on the prisoner himseK, and on the criminal 
 class ; Secondly, to produce a reformatory effect on the 
 prisoner himself; and. Thirdly, to recoup, as far as 
 possible, the cost of maintaining the prison. 
 
 Net cost in 1871.
 
 30 
 
 There are certain matters I should advert to here, be- 
 cause they materially affect the difficult problems we have 
 to solve. 
 
 Large number of Lst. A large uimiber of prisoners are persons Tvho are 
 Kiiiy unable to absolutoly uuable, or find it extremely difficult, through 
 mental or physical incapacity, to earn their livehhood, 
 even under favourable circumstances. Of the 8,362 men 
 now serving out sentences of penal servitude in England, 
 no less than 252 are absolutely lunatic or weak-minded, 
 308 are subject to bodily infirmities which render them 
 unable to earn a li'ving, and 1,140 are fit only for the 
 lighter kinds of labour, making in all 1,700, or 20 per 
 cent, of the whole. Of the women, out of a total of about 
 1,300, 36 are lunatic or weak-minded, 79 permanently 
 incapacitated from earning a living, and 110 fit only for 
 light laboiu', making in all 225, or 17 per cent. These 
 people, even if they were out of prison, would still be, 
 in a greater or less degree, a charge on the public; it is 
 hopeless, therefore, to expect them to repay by their 
 laboiu* the cost of their custody and maintenance in prison. 
 
 The stimulus of 2nd. Prisou labour must always be carried on under 
 
 immediate gain 
 
 to the worker, the disadvantage of being without that stimulus to indus- 
 
 absent in pnson. ° ° 
 
 try which is afforded by the prospect of immediate 
 benefit as a result of it. In some foreign countries, where 
 great weight is given to the object of making the prisons 
 pay, the prisoners are allowed to ch-aw and to ex^Dend a 
 certain portion of their earnings on various small luxiudes, 
 such as additional and better food, tobacco, &c ; a certain 
 other portion is set aside for them on their discharge, and 
 the Grovcrnment takes the remainder. 
 
 Public opinion In cou^-ict prisous in England the svstem did at one 
 
 averse to the ° >- ^^^^^ 
 
 mcTium^HL *^® ^^^^ ^ prisoner to profit more or less directly by 
 his industry, by obtaining more or better food in prison, 
 and a larger sum of money on discharge. This gave rise
 
 31 
 
 to a great deal of liostile criticism. It was said tliat pris- 
 oners might be better off in regard of food than many an 
 honest poor man, and that this, with the fact of his posses- 
 ing a sum of money on discharge, which an honest hard- 
 working Labourer would be unable to accumulate, pro- 
 duced a comparison too much in favour of a dishonest 
 instead of an honest career. Public opinion therefore 
 demanded that the condition of prisoners throughout their 
 sentence should be that of having only the barest neces- 
 saries in the way of food, and just sufficient money on 
 discharge to enable them to maintain themselves while 
 seeking emplojTOient ; and this principle, which I believe 
 to be a correct one, was adopted by a Eoyal Commission 
 which incj[uii-ed into the subject of prison management in 
 1863, and carried out by the direction of the Government. 
 
 The only stimulus we can afford to a prisoner, there- '^hat advantages 
 
 •^ J- ' wo do offer as 
 
 fore, is that of gaining by his industry a remission of some ju^u^t^jlf ^ ^° 
 portion of his sentence, of improving his prison class, or 
 that of punishing him if he is idle. Even with only these 
 means we are able, by steady supervision, to obtain very 
 good results, as I shall be able to show. But there are 
 prisoners, chiefly the habitual class, who actually prefer 
 any punishment which involves a partial relief from labour 
 to the steady industry required on the public works. 
 
 3rd. A great deal of opposition is made to the Govern- Saw "^^^ 
 ment, either local or central, entering the market as manu- realSif against 
 facturers, and competing with free labour. Of coiu-se this pu.yment o^' 
 is utterly unreasonable, but that does not prevent its having 
 a certain effect. The particular trade which happens to 
 suffer fi'om the competition of prison labour is naturally 
 loud in its outcries, and can always find active advocates ; 
 and, on the principle that everybody's business is nobody's 
 business, this agitation is not counterbalanced by a corres- 
 ponding agitation on behalf of the public, and in aid of 
 those who act in the public interest. The customs of trade 
 
 prisoners.
 
 32 
 
 societies are also adverse to the action of Q-overnment in 
 this way; and I have lately seen that a certain trade society 
 has passed resolutions against being subjected to the com- 
 petition of prison labour. 
 
 FaUacyofthis It is SO obvious as hardly to require stating, that 
 
 as persons who are earning a livelihood while free are 
 competing with somebody or other, so it is perfectly reason- 
 able that they should work, and therefore compete equally 
 after being put in prison There is, however, some limit 
 
 Limit of ju.u- ^q ^]^q degTeo in which prisons should be converted into 
 
 Clous employ- o J. 
 
 S'^mtilfili-icT^T manufactui-ing estabhshments. I doubt whether such 
 employment should be carried on as requires the purchase 
 fi'om public funds of a large and expensive plant and 
 machinery, the value of work done by which would bear 
 a great proportion to the value of the prisoners' labour, 
 because in such a case it is not merely competition against 
 prison laboiu', but against government capital. The circum- 
 stances of a ]prison render the profit a secondary transac- 
 tion, and moreover it cannot be ensured that in a govern- 
 ment establishment the profit will always be so narrowly 
 looked after as if it were private property, so that the 
 profit which should be earned by the pubHc money so ex- 
 pended is liable to be neglected or forgotten, and this 
 would enable the goods made to be sold at a cheaper 
 rate, and so to cause undue disadvantage to the free work- 
 man. Many of the disadvantages which attend the 
 system of making prisons into manufactories are avoided by 
 performing in them work requii'ed by the government, 
 either central or local, and certainly work of this kind 
 shoidd be preferred to any other. 
 
 Sd'reformato ^ ^'^^^ ^^^ coutinuc the main question. The most prac- 
 
 combined^ tical way of caiTying out the ideas I have stated, as to 
 
 the three aims of prison emplopnent, viz., deterrent, re- 
 fonnatory, pecuniary, is to divide the period of punish- 
 ment into different stages, dm-ing one of which the penal
 
 33 
 
 or deterrent object should be considered almost exclu- 
 sively : during the other, the reformatory and pecuniary 
 may prevail in various degrees. 
 
 The most effective system of continuous punishment 
 we can carrj out consists of strict isolation, diet reduced 
 do^vn to the barest necessaries, deprivation of all the com- 
 forts ■u'hich men of the prisoner-class usually allow them- 
 selves, and among these I may mention the comfort to 
 them of being dirty, for many of those who visit our 
 prisons remark on the cells as being so ' clean and comfort- 
 able,' whereas many prisoners if they expressed their ideas 
 on the subject, would call them 'clean and uncomfortable.' 
 In addition to these is the punishment of hard, dull, 
 iiseless, uninteresting, monotonous labour. 
 
 There is a limit to the time during which a prisoner i^i"^* to strictly 
 
 ° ■'• Penal labour. 
 
 can be advantageously subjected to these punishments. 
 Labour of the kind I have last-mentioned is decidedly brutal- 
 ising in its effects. If it is desirable to resort to it for its 
 penal effect, it must not be continued for too long a period. 
 To men of any intelligence it is irritating, depressing, and 
 debasing to the mental facidties; to those already of a 
 low type of intelligence, it is too conformable to their 
 state of mind, out of which it is most desirable that they 
 should be raised. The period dvmng which isolation can 
 be strictly carried out is also limited. 
 
 When a prisoner's sentence is very short, there is 
 obviously no time to do much in the way of reforming by 
 labour', and the exclusively penal stage will occupy the 
 whole of his time in prison. 
 
 In some rules latelv drawn up by the Directors of puios for Miii- 
 
 i- J tary prisoners 
 
 Con^'ict Prisons, for military prisoners who are under g^tencc°'* 
 their management undergoing short sentences, it is provi- 
 ded that dui'ing the first month the strictest penal labour 
 shall be enforced, such as crank in solitude, or pimiping. 
 
 P
 
 84 
 
 After this, more interesting labour is allowed tliem, always 
 in isolation. It is in this stage that the difficult problem 
 arises of providing suitable eniplojTuent, which shall fulfil 
 the necessary conditions and yet be remunerative. It is 
 obvious that it must be such as can readily be acquired 
 by unskilled persons, capable of being carried on in isola- 
 tion, and not too easy, as prisoners should (when capable) 
 be employed on hard labour. Work which can be per- 
 formed well by machinery is not likely to pay. 
 
 Various employ- The employments which have been introduced into 
 
 monts in County ■■■ •' 
 
 and Borough couuty and borough prisons are : grinding corn by 
 treadwheel or crank ; weaving cocoa-nut mats or carpets, 
 or woollen and linen stuffs ; matmaking, sawing firewood ; 
 tin work. Flax scutching has lately been recommended 
 by Dr. Briscoe. Ship fender making is profitably fol- 
 lowed in the neighbourhood of seaports. 
 
 Employment In those government prisons in which the period of 
 
 isolatio: 
 are son 
 stage :- 
 
 or separate isolation is Carried out for nine months, the following 
 
 stage in Govern- . . • . t. • 
 
 ment Prisons. are somo emplojTnents carried on by prisoners in tius 
 
 Average earnings per day. 
 
 Eamingsat Tailoring 7|d. to 9|d. 
 
 various trades Shoemaking 7Jd. „ Is. Id. 
 
 Matmaking Sfd. „ 6^d. 
 
 Weaving , 8d. „ ll|d. 
 
 Knitting 2d. „ 2Jd. 
 
 Oakum-picking, which is carried on mainly 
 
 for the penal character of the work fd. „ M. 
 
 Shoe closing (for women) 6d. 
 
 Needlework 3d. „ 5d. 
 
 Basket making Is. „ Is. 6d. 
 
 Matmaking. Mat-making is an industry carried on in a very large 
 
 number of prisons in England, and, in fact, it is so 
 general that I believe the prisons actually compete with 
 one another for custom in this trade,
 
 35 
 
 The cost of a prisoner may fairly he taken at £2G per ^'"son labour 
 
 J. ^' -J J- does not pay the 
 
 annum, at least the actual cost at the county and. oifs'^j'^ thissH^c 
 
 borough prisons varies from £16 per annum up to £139 in 
 
 one case. There are many prisons in which no earnings 
 
 are made at all, and. the most profitable do not earn more 
 
 than one-fourth or one-fifth of their cost ; very few, 
 
 indeed, come up to this result, so it is clear that the 
 
 problem of finding remunerative labour for prisoners in 
 
 this stage has not been solved. 
 
 In our government prisons, after ' the usual nine ^e^uiat^^Tssod- 
 months' labour in isolation has been passed, prisoners are Govcrnmont 
 transferred to other establishments, where they work in prisonsmoro^ 
 association. As the conditions under which they work ^ '^'^ ° i^'^^- 
 in this stage more resemble those which prevail outside, 
 it is obvious there is more chance of the work being such 
 as may be useful to them on the conclusion of their sen- 
 tences, of their being taught usefid trades, and of the 
 work being made to pay. Outdoor emplojauent is best in 
 every vray, it is healthiest both for body and mind, and 
 generally requires less skill. 
 
 Some vears ao;o, these convicts were employed in f^'^ system ia 
 
 - '^ ' i. ^ force many 
 
 jobbing work about the dockyards, they worked in years ago. 
 chains, scattered in gangs over the yard, and a great deal 
 of the work was mere brute labour, such as dragging 
 heavy loads, which would have been done far better and 
 cheaper by horses. Such work is neither reformatory nor 
 remunerative. The fii'st improvement on this svstem Great step ■n-iien 
 
 ^- _ - Portland 
 
 was when the convict prison at Portland was opened in 1 847, convict rrison 
 
 ^ -^ \ras opened ui 
 
 the prisoners being employed in quarrying stone for the con- i^-i?. 
 struction of the Breakwater, '^' and in 1850 when Dartmoor 
 Prison was opened, the work for the prisoners 
 being that of reclaiming the moorland and convert- 
 ing it into a farm. It was a bold experiment to 
 depart so far from previous practice as to emploj- 1,500 
 prisoners in the open country without any wall to keep 
 
 - NoTK. — Tlic formal declaration, by the Prince of Wales, of tlie completion 
 of the Breakwater i.-i to take place oa the 10th of August, 1872. 
 
 p3
 
 36 
 
 tlxem in, or any chains to liamper tlieir movements, but it 
 was completely justified by tlie result, and there has never, 
 during the whole years, been any difficulty in controlling 
 the prisoners or ensuring their safe custody. Work of this 
 kind answers many of the conditions, but it cannot be 
 said to pay. The laud is of the poorest description, the 
 climate very unfavourable, and much preliminary labour 
 is necessary in draining, and clearing away the rocks. 
 If government should utilise the prisoners' laboiu' by 
 farming, it would be better to take good land and make 
 the best of it, instead of bad land in which much of the 
 labour is thrown away. 
 Great advanta- The best system ever debased for the employment of 
 
 ges of employing , 
 
 convicts on large couvicts IS that of executiue' large pubnc works bv means 
 
 PubUc Works; o o i p , . 
 
 of their laboui*. It furnishes them a means for their 
 acquiring a variety of trades which will be useful to 
 them on their discharge. This is an advantage which 
 is largely made use of, and it is highly appreciated by the 
 
 prison^is'^ prisoners. It is more interesting, and therefore more 
 
 likely to make the prisoners fall into habits of usefvd in- 
 dustry than if they were always employed at work which 
 must present labour in the most repulsive form to their 
 minds. The prisons in which works of this nature are 
 
 country- Carried on do absolutely perform work to an amount equal 
 
 to, and sometimes beyond their expenses. Lastly, impor- 
 tant works may sometimes be executed by this means, 
 which the public might not be always willing to pay for in 
 money, because while only a comparatively few may 
 quite understand their importance, everybody appreciates 
 and inclines to oppose a proi>osal to increase debt or 
 taxation. 
 
 Prisons in whicii The earnings of the convicts at Portland, Portsmouth, 
 
 carried on, pay and Chatham, diu'ing the year 1871, amounted to £149,745, 
 exclusive of the value of any work which they performed 
 for the mere carrying on of the prison, such as baking, 
 cooking, washing, repairing clothes, and so on, all of which 
 are of course done by prisoners. The cost of maintaining
 
 37 
 
 these prisons in 1871-2 was £131,986, in wliicli siim is 
 included the cost of maintaining those who, from sick- 
 ness 01' from being under special punishment or for 
 other reasons, added nothing to the earnings ; and it 
 includes also the cost of conveying the convicts under 
 escort to the prisons, and removing them on expiration of 
 their sentences, and the amount of gratuities paid to 
 them to maintain themselves while seeking employment 
 on discharge. There is a clear balance, therefore, in 
 favour of these prisons of £17,759. 
 
 The greatest care is taken that the earnings should Great care 
 
 ® ^ taken that 
 
 be correctly caleiilated and truly stated. A staff of men the value of the 
 
 •^ ^ ■n-ork should be 
 
 is employed, whose business it is to measiu'e the pri- truly stated, 
 soners' work. A schedule of prices for the labour has 
 been formed (not by the Convict Department alone, but in 
 conjunction with the Admiralty and "War Departments), 
 which correctly represents the amount which would be 
 paid by those departments to a contractor for work of a 
 nature similar to that done by the convicts. The work 
 measiu'ed is then priced out at the rates given in the 
 schedule, and an abstract, given as fully as possible, 
 is given every year in the Eeport of the Directors of Con- 
 vict Prisons.* 
 
 To give some idea of the public works done by con- Portland brcak- 
 victs since the system was introduced, I may state that, at ' 
 
 Portland coni-ict prison, labour has been employed in 
 quarrying the stone for the construction of the Break- 
 vrater, a stone dam in the sea, nearly two miles in length, 
 and running into water fifty or sixty feet deep ; they 
 have also done the principal part of the works of de- ,, ,.^ ,. 
 
 ■^ ^ ^ and fortification. 
 
 fence intended to prevent an enemy obtaining possession 
 of the island ; and I may say, en passant, that these works 
 are in my opinion impregnable to any attack except 
 blockade and starvation of the garrison — a contingency 
 which is out of the question. 
 
 * jSTote. — In Appendix XIII. is given a valuable paper by Captain Percy Smith, 
 E.E., on the relative value of free, convict, and soldier labour.
 
 88 
 
 Groat Tariuty of 
 mcchiuiics' worlc 
 they affoiil. 
 
 Ill executing those works, every variety of meehanies' 
 work necessary in Imildiug or engineering has been 
 executed by convicts — quarrying, and dressing, and plac- 
 ing tlie stone, all sorts of caq)entry, casting and forging 
 iron-work, and so on. Tlio large and extensive x^ltiut 
 have ako been made by tlie convicts and kept in repair, 
 including the construction of the large cranes and derricks 
 in the quarries, and tlie laying of tlie rails for the quarry 
 waggons, to run on their way to tlie place for delivery 
 of the stone. 
 
 Enlargement of 
 Chatham and 
 I'ortsmoutli 
 dockyards. 
 
 The extensive works which liave been undertaken of 
 late years at Chatham and Portsmouth for the enlarge- 
 ment of these dockyards have been largely done by convict 
 labour. The prisoners have been employed in excavating 
 basins, and building the sea wall and the dockwalls, be- 
 sides a vast quantity of preliminary work, such as de- 
 molishing the old fortifications at Portsmouth, and di'aiuing 
 St. Mary's Island at Chatham. The bricks used in these 
 "works have been made by convicts, to the number of 
 77,181,545, and the Portland stone for them has been 
 raised and worked bv the convicts at Portland Prison. 
 
 Krcction of 
 Cjuvict rrison. 
 
 Gain shewn by 
 the actual cost of 
 these Imildini 
 compared 
 that of others 
 erected by 
 contract. 
 
 Idines 
 with 
 
 Work of a still higher pecuniary value has been done 
 for the Convict Department, in the building of new prison 
 accommodation, which has been rendered necessary by the 
 abolition of transportation, prisoners who would have been 
 transported having now to be retained in prisons in 
 England. "Within the last few years, prison accommoda- 
 tion in cells for 1,889 prisoners has been erected en- 
 tirely by convict labour, and a number of accessory build- 
 ings, quarters for officers, and so on. The actual cost to 
 the Government of these buildings, erected for the Convict 
 Department diu-ing the last few years has been about 
 £93,000 ; the same work done by contract would have 
 cost £165,000, showing a clear gain by convict labour of 
 £75,000 in this comparatively small department of their
 
 39 
 
 labour. In these ■works, tlie bricks have been made 
 by prisoners, stone quarried and dressed, timbers sawn and 
 Tvi'ought, and iron cast and forged from the raw state ; one 
 thing only, almost the only one, vre have bought ready- 
 made, and that is the locks. 
 
 Among these works the largest are — a new prison for 
 700 women, built entu-ely by convicts, new wings to the 
 prisons at Chatham and Portsmouth (of which a model is 
 exhibited, showing a new mode of ventilation adopted.) 
 At Pentonville, an addition of 327 cells has been made 
 under rather peculiar circumstances. The ground space 
 is so restricted that the only way to add to the prison was 
 by raising the roof and adding a storey, and as we were 
 much pressed for room, this had to be done while the 
 prisoners continued to inhabit the prison. 
 
 I have said that all the mechanics' work of these build- Large number of 
 
 meclianics who 
 
 ings is done by convicts. It must not be supposed that j^adosinth 
 we foimd these mechanics ready to our hands among the P^sona. 
 prisoners. Out of 2,245 prisoners now employed at trades, 
 1,650, or three-fourths, acquired their skill in the prison; 
 and these men will, it is thought, on their discharge 
 be less likely to relapse into crime, as they will have full 
 opportunities of piu'suing an honest calling. The governors 
 of prisons call attention to the great desire exhibited by 
 the prisoners to acquire knowledge of trades, so many 
 being anxious to learn that it is made a privilege to be 
 obtained only by good conduct. Moreover, it is reported 
 that the cases of misconduct are much fewer among those 
 prisoners employed in trades than among others who are 
 employed jobbing about, although the latter is much the 
 easier work. "
 
 40 
 
 Tlic folloAving liKTUEX sliows the Extent to whicli 
 EMrLOYMEXT iu Trades is carried out iu the Govern- 
 ment Prisons, ami the variety of Mechanics' Work 
 followed and taught : 
 
 Xmnher of convicts in prison, 21st November, 1 870 — 8, 1 14. 
 
 
 
 
 Total 
 
 
 Followed 
 
 Learnt 
 
 Employed 
 
 Trade 
 
 before 
 
 in 
 
 as 
 
 
 Reception 
 
 Prison 
 
 Mechanics 
 
 Bilkers 
 
 17 
 
 19 
 
 36 
 
 Baskotmakers 
 
 1 
 
 2 
 
 3 
 
 Blacksmiths 
 
 27 
 
 25 
 
 52 
 
 Bookbiuders 
 
 4 
 
 11 
 
 15 
 
 Bricklayers - 
 
 43 
 
 222 
 
 265 
 
 Carpenters - 
 
 70 
 
 161 
 
 231 
 
 Chimneysweeps - 
 
 1 
 
 1 
 
 2 
 
 Cooks - - - 
 
 1 
 
 15 
 
 ' 16 
 
 Coopers 
 
 8 
 
 3 
 
 11 
 
 Eii.ninecrs, mechanical 
 
 2 
 
 — 
 
 2 
 
 Fitters, Engine - 
 
 15 
 
 6 
 
 21 
 
 Fitters, Gas 
 
 9 
 
 3 
 
 12 
 
 Gardeners - 
 
 1 
 
 2 
 
 3 
 
 Grinders 
 
 1 
 
 
 
 1 
 
 Knitters 
 
 
 
 33 
 
 33 
 
 Locksmiths - 
 
 1 
 
 — 
 
 1 
 
 Masons 
 
 17 
 
 162 
 
 179 
 
 JIatmakcrs - 
 
 
 
 36 
 
 36 
 
 IMouldors - 
 
 8 
 
 
 
 8 
 
 Painters 
 
 32 
 
 23 
 
 55 
 
 Plasterers - 
 
 3 
 
 8 
 
 11 
 
 Platelayers - 
 
 — 
 
 14 
 
 14 
 
 F'lumbers - 
 
 2 
 
 1 
 
 3 
 
 Printers 
 
 2 
 
 4 
 
 6 
 
 Piisgf.rs 
 
 19 
 
 
 
 19 
 
 Sailmakers - 
 
 3 
 
 3 
 
 6 
 
 Sawyers, stone - 
 
 5 
 
 30 
 
 35 
 
 Sawj'ers, wood - 
 
 16 
 
 46 
 
 62 
 
 Shoemakers 
 
 149 
 
 348 
 
 497 
 
 Slaters 
 
 13 
 
 1 
 
 14 
 
 Smiths 
 
 16 
 
 35 
 
 51 
 
 Stonecutters 
 
 5 
 
 137 
 
 142 
 
 Strikers 
 
 20 
 
 4 
 
 24 
 
 Tailors 
 
 72 
 
 275 
 
 347 
 
 Tinsmiths - 
 
 8 
 
 3 
 
 11 
 
 Turners 
 
 — 
 
 1 
 
 1 
 
 Weavers 
 
 2 
 
 16 
 
 18 
 
 Wheelwrights 
 Totals 
 
 2 
 
 
 2 
 
 695 
 
 1,650 
 
 2,245
 
 41 
 
 Tlie greatest desire lias been felt, and tlio greatest 
 l^aius taken to make tlie returns of the value of the convicts 
 labour at all events true, and the result as sho-svn by the 
 earnings are, I think, not unsatisfactory, considering 
 that the men have to be taken as they come, many quite 
 unaccustomed to work, that they have no i^ay, that the 
 necessities of safe custody tend to a certain loss of time 
 actually at labour, and that as, for the same reason, the 
 men must work in gangs, it occasionally happens that 
 labour must be wasted. 
 
 Some comiiarisons made by Captain Harvev, in 1867, Comparisons of 
 
 ■■• ^ X ^ ' J conditions of 
 
 between a o-ana: of 20 free labourers workin": in Ports- *''«'? labourers 
 
 '-''-> o and convicts 
 
 mouth Dockj'ard and a gang of 20 convicts Avorking near made by Captain 
 them at the same labour, shows very clearly the difference 
 in the material Ave have to deal with, and the difference 
 in the results. 
 
 The 20 navvies Avere brought up to that work, and, 
 excepting three hodmen, had never done any other. Only 
 two of the gang of couAdcts had been naA^ies before, the 
 rest Avere stokers, sailors, hawkers, spinners, driA^ers, coal 
 whippers, &c. The naA'vies averaged 35 years of age, 
 Avere 5 feet 7:^ inches in height, 36^ in. round chest, and 
 Aveighed loo lbs. The couA'icts averaged 28^- years of 
 age, 5 feet 5i inches in height, 34i in. round chest, and 
 weighed 132 lbs. The gang of naAwies drank 413 pints of 
 fluid in a week, a good deal of this Avas beer, no doubt. 
 The gang of convicts drank 28o pints, nothing stronger 
 than tea or cocoa. The navvies ate 10,808 lbs. solid food. 
 The convicts ate G,377 lbs. In ph^-sique, skill, and diet, 
 the naA-vies, therefore, are immeasurably superior to the 
 convicts, and, further, from the requirements of regularity 
 and security, the convicts were a shorter time actually at 
 labour. The earnings of the navvies at daywork was 
 35. 3fZ., the convicts Is. Ik?., or nearly two-thirds of Avhat 
 the naAwies earned, and this, I belicA'c, is as much as could
 
 42 
 
 rrisonors cm- 
 ployiHl as far as 
 j)mcticablc at 
 their own trades. 
 
 be expected. This comparison Lears upon another point 
 "wliich has sometimes been raised in connexion with 
 projjosals for the useful employment of prisoners, viz., 
 whether or not prisoners should be employed at the trades 
 which they have followed before conviction. My own 
 impression is, and oui* actual practice is, to do so as far 
 as practicable, and excluding the period during which 
 penal labour is enforced. But, practically, it is not 
 possible to carry out the rule at all generally because 
 many of the occupations followed by prisoners outside are 
 not such as are possible in a prison, such as shopkeepers 
 or servants, hawkers, drivers, miners, &c. and many 
 others would require the provision of tools, special work- 
 shops, and so on, which it would not pay to establish 
 without the certainty of providing a continual current of 
 men tlu'ough the prisons to carry on the trades in 
 question." 
 
 Organization of Some account ought to be given of the organization of 
 
 Convict Depart- it-, « • i • • -n i i 
 
 ment. the Department lor managing the prisons m iiiugland. 
 
 Secretary of 
 State the 
 supreme head. 
 
 The Secretary of State for the Home Department is the 
 supreme head of all prisons in Great Britain. All regu- 
 lations are issued under his authority and with his 
 approval, and must, of coiu'se, be consistent with the 
 Acts of Parliament. 
 
 Imperfect con- 
 trol over County 
 and Borough 
 Prisons. 
 
 But with regard to the County and Borough Prisons, 
 the means of enforcing the authority of the Secretary of 
 State are very imperfect. The immediate control of these 
 Establishments is with the local magistrates, and the 
 only manner in which practically the Secretaiy of State 
 can enforce his authority is by withholding a certain 
 contribution allowed by the Treasiuy ; if any prisons do 
 not fulfil his directions. 
 
 The Surveyor As means of satisfying the Secretary of State as to the 
 
 General of _ JO J 
 
 I'risons. condition of these prisons, there are appointed, under Acts
 
 43 
 
 of Parliament, tlie Suvveyor-General of Prisons, wlio is liis p^-i'^^'"^'* °^ 
 adviser on all questions of prison construction, and the 
 Inspectors of Prisons whose duty it is to visit and report on 
 the manner in A\-hich the Acts and orders relating to 
 prisons are carried out, but who have no authority what- 
 ever in the prisons. 
 
 The Grovernment iDrisons are managed under the Directors of 
 
 . . Con^■ict Prisons. 
 
 Secretary of State, by the Directors of Convict Prisons, 
 
 ( who have recently been made also Inspectors of Military ciKiinnau of 
 
 Prisons). They act imder the Chairman of the Du'ectors. 
 
 The Office of Survevor-General of Prisons (referred to Certain offices 
 
 ^ united in one 
 
 above) — Chairman of the Dii'ectors of Con^-ict Prisons, r<^rson. 
 and Inspector-Greneral of Military Prisons, — created by 
 different Acts of Parliament, are united in the same 
 person. 
 
 The Military Prisons have recently been placed under ^i)ier^e'^i"l°'^^ 
 the immediate control of the Inspector-General of Military spector- General. 
 Prisons, so that all Government prisons — both Civil and j.-^^ imiidin" of 
 Military — are now managed in one Department ; and as M^M'^SidcT'' 
 the buildings of the Government prisons are executed ceneraL^^"^" 
 under the Surveyor-General, it follows that on the very 
 important question of construction — but on that only — construction 
 one system prevails throughout all the prisons in England. Engiund. 
 
 The whole of the financial affairs of the Government Government 
 
 Prisons .adininis- 
 
 Prisons, the making of Contracts, the duties of Inspection, tercd v>y Dircc- 
 and those duties of conduct and discipline which rec|mre 
 the intervention of higher authority than the Governors 
 in immediate charge of the prisons are executed by the 
 Directors. 
 
 It is the duty of the Director to visit every convict 
 prison periodically to see that the orders given are carried 
 out — that there are no abuses or irregularities — to hear
 
 44 
 
 Funds voted 
 yoarlj- by 
 I'arliumout. 
 
 appeals or rctj^ucsts from prisoners and to act magisterially 
 iu trying charges against prisoners. 
 
 The necessary funds are voted every year by Par- 
 liament, the Directors being responsible for their ad- 
 ministration according to instructions received. 
 
 County .-mil In the County and Borough Prisons, duties of the 
 
 Uorouj?" Prisons "^ ° 
 
 i.l.^arM"'''--'*^ natiu'e referred to in the preceding paragraph are per- 
 
 ^^'^'^y- formed by local Magistrates, and the funds are provided by 
 
 local rates levied under the same authority. 
 
 staff of each 
 Prison. 
 
 Position of 
 Governor, Chap- 
 lain, and 
 Medical Officer, 
 
 Clerk of VTorla 
 
 Anuu;il Reports 
 Estimates. 
 
 Kulcs for Prisons 
 
 Spirit of the 
 Kules, 
 
 Each prison has a Governor, and one or two Dej^uty 
 Governors, a Chaplain, and, "when necessary, an Assistant 
 Chaplain, a Roman Catholic Priest when the number 
 of Homan Catholic prisoners is sufficient to require it ; 
 a Medical Officer, and in the majority of prisons an Assis- 
 tant Medical Officer. — \_See Aj)j)en(h'.v II.] 
 
 The Governor is the head of the Establishment, under 
 him are more immediately the discipline staff of warders, 
 &c. The Schoolmasters are under the Chaplain ; and the 
 Infirmary staff imder the Medical Officer. 
 
 There is also a Cleric of AVorks and a staff of permanent 
 officers to instruct the prisoners in their various trades, 
 and to measure the value of the work they execute. 
 
 More minute details on the staff at any ]")rison are to be 
 found in the Annual Report of tlie Directors and in the 
 Parliamentary Estimates laid before the House of Com- 
 mons, and their det-tiiled instructions will bo found in 
 the rules for priisons. It must suffice here to say 
 that the spirit of these instructions is that while it is 
 al^^'ays to be remembered that the prisoners are sentenced 
 to undergo punishment, the dictates of humanity are to be 
 carefully kept in view ; that all the officers are to bear in 
 mind that their duty is to reform as well as to punish, 
 and that the conditions to ensure good health of body 
 are to be attended to carefully.
 
 45 
 
 Inspection of tho prisons will shew that thcso in - 
 structions are practically enforced, and statistics prove the 
 efficiency of the organization for this purpose. 
 
 The Sanitary condition of the English convict prisons Sanitary condi- 
 
 „ T, 1 . 1 •! 7 1 . . tions of the 
 
 IS lully repoi'ted on m detail every 3'ear, and the statistics, Prisons. 
 Mith observations by the Medical Officers, will be found in 
 each Export of the Directors. 
 
 A perusal of those Reports will show that due means 
 are taken to ensure conditions favourable to health, and 
 that they obtain the desii'ed result. 
 
 The following table shews the death-rate in the prisons Dcatii rate. 
 for the last seventeen years, and when it is considered 
 that convicts are, as a class, men of low physical type, 
 born and brought up under conditions unfavourable to 
 liealth, early given up to \'icious courses, and with con- 
 stitutions in many cases ruined or impaired by excess, it 
 may fairly be said that the statistics of mortality show 
 that prisoners are duly cared for in all that pertains to 
 health, and that in that respect the conditions of their 
 life, their habitation, clothing, and diet, are more favour- 
 able than they probably are in a state of freedom. 
 
 Year 
 
 Average 
 
 Xumbcr of 
 
 Male Convicts 
 
 dumber of 
 Deaths among 
 Male Con^■icts 
 
 Death Eate 
 
 per Thousand 
 
 of Male 
 
 Mean of each. 
 
 Triennial 
 
 Period 
 
 
 in each Year 
 
 in each Year 
 
 Convicts 
 
 1855 . . 
 
 6,513 
 
 100 
 
 15-4 
 
 1 
 
 1856 . . 
 
 6,036 
 
 93 
 
 15-4 
 
 y 13-5 
 
 1857 . . 
 
 6,450 
 
 64 
 
 9-9 
 
 J 
 
 1858 . . 
 
 6,343 
 
 104 
 
 16-4 
 
 ^ 
 
 1859 . . 
 
 6,466 
 
 71 
 
 11-0 
 
 y 13-2 
 
 1860 . . 
 
 6,396 
 
 79 
 
 12-3 
 
 J 
 
 1861 . . 
 
 6,022 
 
 68 
 
 11-3 
 
 ^ 
 
 1862 . . 
 
 5,862 
 
 54 
 
 9-2 
 
 y 11-9 
 
 1863 . . 
 
 5,903 
 
 90 
 
 15-2 
 
 J 
 
 1864 . . 
 
 6,055 
 
 88 
 
 14-5 
 
 1 
 
 1865 . . 
 
 5,861 
 
 109 
 
 18.6 
 
 y 16-9 
 
 1866 . . 
 
 5,853 
 
 103 
 
 17-6 
 
 J 
 
 1867 . . 
 
 6,095 
 
 90 
 
 14-7 
 
 1 
 
 1868 . . 
 
 6,593 
 
 79 
 
 11-9 
 
 y 13-4 
 
 1869 . . 
 
 7,185 
 
 99 
 
 13-7 
 
 J 
 
 1870 . . 
 
 7,942 
 
 100 
 
 12-6 
 
 
 1871 . . 
 
 8,218 
 
 110 
 
 13-4 

 
 46 
 
 
 Average 
 Number of 
 
 Female 
 Convicts in 
 each year 
 
 Number of 
 
 Deaths among 
 
 the Female 
 
 Convicts 
 
 Death per 
 
 Thousand 
 
 Female Convicts 
 
 Mean Triennial 
 
 Year 
 
 Daily Average 
 
 Number of 
 Female Convicts 
 
 Number 
 
 of 
 Deaths 
 
 Deaths 
 per 1000 
 
 1855 
 
 776-9 
 
 8 
 
 10-2 
 
 1 
 
 
 
 1856 
 
 810-8 
 
 15 
 
 18-5 
 
 } 836-66 
 
 12-33 
 
 14-6 
 
 1857 
 
 922.3 
 
 14 
 
 15-1 
 
 J 
 
 
 
 1858 
 
 1,043-4 
 
 18 
 
 17-2 
 
 1 
 
 
 
 1859 
 
 1,188-6 
 
 11 
 
 9-2 
 
 V 1,167-1 
 
 16- 
 
 13-76 
 
 1860 
 
 1,269-3 
 
 19 
 
 14-9 
 
 J 
 
 
 
 18G1 
 
 1,204-6 
 
 11 
 
 9-1 
 
 M, 239-63 
 
 
 
 1862 
 
 1,211-2 
 
 8 
 
 6-6 
 
 13-33 
 
 10-6 
 
 1863 
 
 1,303-1 
 
 21 
 
 16-1 
 
 J 
 
 
 
 1864 
 
 1,274-3 
 
 27 
 
 21-1 
 
 ^ 
 
 
 
 1865 
 
 1,248-2 
 
 15 
 
 12-0 
 
 Vl, 179-83 
 
 20- 
 
 16-9 
 
 1866 
 
 1,017- 
 
 18 
 
 17-6 
 
 J 
 
 
 
 1867 
 
 1,007-7 
 
 12 
 
 11-9 
 
 ^ 
 
 
 
 1868 
 
 1,104- 
 
 12 
 
 10-8 
 
 ^ 1,098-8 
 
 13- 
 
 11.76 
 
 1869 
 
 1,184-7 
 
 15 
 
 12-6 
 
 J 
 
 
 
 1870 
 
 1,190- 
 
 23 
 
 19-3 
 
 
 
 
 1871 
 
 1,217- 
 
 23 
 
 18-9 
 
 
 
 
 Entire absence The liistory of tlie prisons for many years past has shewn 
 even though they an entire ahsence of epidemics within them, although viru- 
 
 might exist in..,, ., 
 
 the close vicinity lent diseases, (as has recently been the case -with small- 
 pox,) may liave prevailed among the free poj)ulation 
 around them. During the progress of this epidemic 
 throxigh the countrj', thovigh a few prisoners in some 
 prisons took the disease, its coiu-se therein was speedily 
 arrested thi'ough the precautions taken by or on the re- 
 commendation of the Medical Officers, a fact which must be 
 taken to prove that conditions favourable to the develop- 
 ment or propagation of disease do not exist in the prisons. 
 
 Drainafre and 
 ventilation very 
 c.ircfuUy at- 
 tended to in the 
 construction. 
 
 In the construction of the prisons the most careful atten- 
 tion is paid to the important questions of di'ainage and ven- 
 tilation, questions which it will be more appropriate to 
 enter into when dealing with the subject of j)rison con- 
 struction, which I hope to do in a suhsequent paper.
 
 47 
 
 Every prison is provided witli an hospital, into wliicL. a I'r^son hospital. 
 prisoner is taken as soon as lie is unable to carry on the 
 ordinary work of tlie prison. 
 
 But the population of the prison is largely composed invalid prisons. 
 of chronic invalids, requii'ing constant medical care, and 
 incapable of exiDosure, or em^^loyment on public works. 
 For such as these, special prisons are appointed, the 
 principal one being at Woking, which is constructed in a 
 manner suitable to prisoners of this class. The labour 
 exacted of these prisoners is such only as the Medical 
 Officer considers most suitable in each case. 
 
 The Medical Officers of all prison^* are called upon Modicai officers' 
 
 ■^ -■- perioiical report 
 
 monthly and quarterly, to make reports, in detail, ac- 
 cording to the directions in the forms given in appendix IX. 
 
 The cost of maintaining the Grovernment prisons is CostofGovem- 
 
 1M1 •IT-. o T -r\- ment Prisons in 
 
 detailed every year in the Keport oi the Directors. gross. 
 
 The following is a statement of the Gross Cost, and the 
 cost per head for the last eight years : not taking 
 into account the value of labour done. 
 
 
 Average Number 
 
 Gross 
 
 Gross Annual Cost 
 
 Year 
 
 of Convicts 
 
 Expenditure 
 
 per prisoner 
 
 1864 
 
 7418 
 
 £247,227 
 
 £33 6 8 
 
 1865 
 
 7184 
 
 £235,773 
 
 £32 16 4 
 
 1866 
 
 6905 
 
 £237,333 
 
 £34 7 4 
 
 1867 
 
 72.55 
 
 £244,067 
 
 £33 12 10 
 
 1868 
 
 7800 
 
 £257,307 
 
 £32 19 9 
 
 1869 
 
 8578 
 
 £276,324 
 
 £32 4 3 
 
 1870 
 
 9557 
 
 £299,796 
 
 £31 7 5 
 
 1871 
 
 9934 
 
 £313,633 
 
 £31 9 4 
 
 The net cost in 1871 after deducting the value of the Xetcost in i87i. 
 prisoners' labour was £8 10s. per head. 
 
 (It may be well here to explain that the increase
 
 48 
 
 in the average number for the last two years is duo to two 
 causes, — the accimiulation resulting from the abolition of 
 transportation ; and the transfer to the care of the Directors 
 of Convict Prisons of between 500 and 600 military- 
 prisoners formerly maintained in other establishments.) 
 
 A discussion intended to improve oiir means of repressing 
 
 Tlio question of 
 rcpressinp; crime 
 
 bovomiimnc crime would be very imperfect if it was limited to infre 
 men^t" manage- q^ggtions of management of prisons, whether they be 
 
 considered as places of punishment or reformation. 
 
 To prevent 
 (rime, the first 
 object. 
 
 The object is to prevent crime, and our view .should first 
 be directed to ascertain the sources from "which crime 
 springs — those crimes (that is to say) wliich societ}' has 
 enacted laws to repress and determined to punish by the 
 means under review. 
 
 An investigation of this branch of the subject would, I 
 believe, show that all criminals might be classed under one 
 of the following heads : 
 
 Sources of crime. 1. Tliose who have been brought up without care 
 
 or education, many from their early years with 
 criminal associates, and under care of parents of 
 the criminal class. 
 
 2. Those who are in the way of earning an honest 
 living, but who yield casually to temptation. 
 
 3. Those of the same class who deliberately adopt 
 a course of crime, either from a liking for the 
 excitement, or from impatience of the slower gain 
 of an honest life. 
 
 4. Those who, from mental or bodily incapacity, 
 find the difPiculties of making a livelihood so 
 great that they resort to crime. 
 
 5. Those whose passions or evil habits have led 
 to their committing crimes of violence.
 
 49 
 One la'w cannot be applicable to all these classes. 
 
 To stop the supply of the first class, the law should, and Each source 
 
 requires separate 
 
 does to some extent, provide that children who are likely means to close it. 
 to fall into it shoidd be withdi'awn from the custody of 
 their negligent or immoral guardians and brought uj) at 
 the pubKc expense. Moreover, the magistrates should not 
 be able to impede the operation of the law. 
 
 For those of classes 2, 4, and 5, a system of stern de- now each 
 terrent discipline, with inculcation of higher moral prin- With. 
 ciples, is the thing needful. 
 
 Class 3 might, I venture to think, after a fair chance 
 was once or twice given them, be locked up invariably 
 for very long periods, as the only way of protecting 
 society against them, and preventing them developing a 
 class of criminals as bad as themselves. 
 
 The account which I have given of the English convict 
 system is necessarily brief, but I hope it has been 
 sufficient to indicate the principles on which it is framed. 
 
 I shall be satisfied if I should succeed in directing 
 attention to the great mass of experience afforded by the 
 various systems we have tried in the Colonies, and at home, 
 and shall have shown that our lessons have not been lost 
 upon ourselves, but that we may fairly claim to have 
 established a system, not of course incapable of improve- 
 ments, but which carried out as it is, by a staff of 
 earnest and faithful officers, animated by the single desire 
 of doing their duty, has undeniably produced desirable 
 
 results. 
 
 E. F. DU CANE, Major E. E. 
 
 Siuweyor General of Prisons. 
 44, Parliament Street, Westminster.
 
 ^^]^enbi.\\ 
 
 Appendix I. 
 
 Accommodation in Convict Prisons in Great Britain. 
 
 Prison 
 
 ^"tion^" Separate Total 
 
 Punish- 
 ment 
 
 Infir- 
 mary 
 
 Grand 
 Total 
 
 Millbank 
 
 •S / Pentonville 
 
 I Perth and Paisley 
 
 V Total 
 
 Portland ... 
 I Portsmouth 
 Chatham ... 
 
 Total 
 
 Dartmoor 
 
 "Woking (invalids) 
 
 Brixton (light labour) 
 Parkhurst (invaUds) .. 
 
 Total 
 
 Total— Males 
 
 Millbank 
 "3 I Fulham ... 
 Woking . . , 
 
 Total — Females 
 
 296* 
 274 
 
 792 
 
 1000 
 
 130 
 
 1922 
 
 4358 
 
 588 
 300 
 626 
 443 
 
 8237 
 
 69 
 276 
 
 708 
 
 932 
 
 1000 
 
 130 
 
 2062 
 
 1466 1466 
 1255 1255 
 1637 1637 
 
 4358 
 
 884 
 574 
 626 
 497 
 
 255 
 276 
 708 
 
 84 
 150 
 30 
 44 
 
 1003 
 1026 
 130 
 
 2159 
 
 1628 
 1348 
 1796 
 
 4772 
 
 997 
 736 
 671 
 556 
 
 320 
 291 
 780 
 
 Separate Cell Prison to replace this wiU be ready before the end of the year. 
 £ 2
 
 a 
 
 Assistant w 
 Cooks, bake 
 
 nurses, ai 
 Engineers, 
 
 zans, cut 
 Labourers, 
 
 makers, c 
 
 ^ 
 
 ^ 
 3 
 
 1 
 
 2 
 t 
 
 
 
 1 
 
 2 
 1 
 
 1 
 1 
 
 
 
 Governor, d 
 tendents.. 
 
 Chaplain an 
 priest, an 
 
 Schoolmastc 
 
 
 
 ?- 
 
 ^ 
 
 ^ 
 
 
 
 g 
 
 
 P 
 
 
 1 
 
 
 : o 
 
 ; B 
 ; P 
 
 1 § 
 
 ill § 
 
 OB o 
 
 1 
 
 pi 
 
 •a 
 
 S. 
 •a 
 
 o 
 
 1 
 
 Pi 
 
 1 
 
 1 
 
 I 
 
 ■ta 
 
 2 
 
 
 
 ill 
 III 
 
 p 
 
 < 
 
 
 
 a 
 
 3 
 
 
 ■ 2 
 
 
 !?B 
 
 
 
 
 
 
 
 
 
 el? 
 
 1 
 
 
 
 
 : H 
 
 8 
 
 [=;' 
 
 ^t 
 
 
 1 
 
 & 
 
 
 
 
 s 
 
 ^"p 
 
 
 ai 
 
 
 : e 
 
 
 p 
 
 
 a 
 
 
 
 
 
 p. 
 
 p* 
 
 (3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 : c 
 
 : a. 
 
 : S* 
 
 1 
 
 1; 
 
 
 
 o 
 
 
 
 
 3 
 p 
 
 o_ 
 
 
 
 3. 
 
 p 
 
 
 (_• 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 CJ. to to g 
 
 H- rf. ►- P 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 CO 
 
 >- ca cj CO 
 
 
 >t^ 
 
 o 
 
 CC 
 
 to 
 
 li> 
 
 CO 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 1 1 ^» 
 
 
 
 
 
 
 
 1 
 
 
 
 ^ 
 
 
 
 o 
 
 to 
 
 
 CO 
 
 
 
 
 
 
 
 
 
 , 
 
 
 
 
 
 
 
 to to " 
 
 Pentonville 
 
 
 
 
 ^ 
 
 
 ^ 
 
 *^ 
 
 
 ^ 
 
 to 
 
 
 
 
 
 
 
 
 
 
 
 
 ~J CO to .S 
 
 
 
 
 H- C3 Ot o 
 
 C3 
 
 C5 
 
 1 
 
 H-* 
 
 
 
 
 to 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Millbank 
 
 1^ 
 
 
 1 1 >^ 
 
 ^ 
 
 
 
 
 
 
 
 «. 1 1 !^ 
 
 
 CD 
 
 
 
 
 
 1 
 
 I-* 
 
 1 
 
 
 
 
 
 
 ^^ 
 
 
 
 
 
 
 
 
 
 
 C5 
 
 >c> 
 
 W Cn Oi oo 
 
 
 C 
 
 to 
 
 ^ 
 
 >- 
 
 ^ 
 
 ,0 
 
 *T CO CO S 
 
 Portland 
 
 1 
 
 M 
 
 to ^ ::= 5 
 
 --J 
 
 O 
 
 - 
 
 - 
 
 - 
 
 - 
 
 to 
 
 -J to CO p 
 
 Portsmouth 
 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 Cn 
 
 00 
 
 to to CT w 
 
 
 ^ 
 
 to 
 
 ■- 
 
 ^ 
 
 C3 
 
 to 
 
 ~1 rf. CO ^ 
 
 Chatham 
 
 CD 
 O 
 
 S 
 
 o *. ^ m 
 
 CJ 
 
 5 
 
 - 
 
 - 
 
 - 
 
 cn 
 
 CO 
 
 rf» to to " 
 
 Dartmoor 
 
 o 
 
 1 
 
 to C5 ^ C3 
 
 C5 
 
 Cn 
 
 - 
 
 - 
 
 - 
 
 c 
 
 to 
 
 ex to to p 
 
 ■Woking 
 
 o 
 
 o 
 
 03 rf^ t-* ^J 
 
 o 
 
 - 
 
 1 
 
 - 
 
 - 
 
 o» 
 
 - 
 
 rf» t- to S 
 
 Parkhurst 
 
 - 
 
 
 H- to 
 
 ^ 
 
 Ci 
 
 - 
 
 - 
 
 - 
 
 ^ 
 
 - 
 
 rf^ ■- to ^ 
 
 Brixton 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 1 to 1 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Fulham 
 Kefuge 
 
 03 
 
 
 Ills: 
 
 - 
 
 o 
 
 1 
 
 - 
 
 1 
 
 1 
 
 1 
 
 CO 1 ^ :^ 
 
 rf^ 
 
 
 ^ o ^, 1 
 
 1 
 
 - 
 
 1 
 
 1 
 
 - 
 
 Cr» 
 
 - 
 
 1 to 1 ^ 
 
 ■WoHng 
 
 
 
 
 
 
 
 
 
 
 
 
 O 
 
 
 
 f^^ 
 
 ,_, 
 
 1 
 
 
 
 
 
 05 1 to t^ 
 
 
 
 
 
 " 
 
 to 
 
 
 t-^ 
 
 
 

 
 lU 
 
 Appendix III. 
 _No. 251. August 14th, 18G5. 
 
 The Secrctaiy of State has approved of the selection of a limited number of Female 
 Convicts, whose conduct and industry has been good in Prison, to be sent to a Refuge in London, 
 which has been established with his sanction. 
 
 The Managers of this Refuge are a Committee of Magistrates, who, if the conduct of the women in 
 the Refuge is good, will interest themselves as far as they can in obtaining situations and employ- 
 ment for them on their discharge. 
 
 Female Convicts who qualify themselves by their conduct and industry for the Refuge, will be eligi- 
 ble to be sent there 6 months before the period at which they would ordinarily be discharged from Pri- 
 son ; so that they will remain in the Refuge instead of a Prison for the last six months of their time. 
 
 They will have an opportunity of earning some addition to the gratuity which they would earn in 
 
 Prison — 
 
 They will not wear ordinary Prison dress. 
 
 They will be eligible for discharge on special licences. 
 
 The Directors trust that these privileges wiU be appreciated by the whole body of Female Convicts, 
 and stimulate them to qualify themselves for the Refuge Class by their industry and good conduct. 
 
 So soon as the mark system is in operation, the admission of women to the Refuge Class will 
 depend on the number of marks they earn; for the present, the selection must be made accord- 
 ing to the recorded industry and conduct of the women. 
 
 E. y. W. IIenderson. 
 
 No. 309. 
 
 Appendix IV. 
 
 Examination of Convicts in Prison Schools. 
 
 15th May, 1868. 
 
 In order to test and record at periodical examinations, the efficiency of the instruction in Convict 
 Prisons, and the progress made by the learners, every prisoner under instruction will be examined 
 twice a year and his progress recorded in a book of the pattern herewith, according to the dii-ections 
 given. The Chaplain or Assistant Chaplain will do the duty of Examiner or Inspector of the school. 
 The Chaplain in his Annual Report will, from the records thus furnished, state the number of 
 prisoners who have made progress in the various degrees. E. Y. TV. Henderson. 
 
 EXAMINATION BOOK. 
 
 No. and Name., 
 
 Table I. — To show Class and Standard of Attainment. 
 
 Date of Examination. 
 
 Class and Standard. 
 
 Reading..., 
 ■Writing .... 
 Arithmetic
 
 IV 
 
 N.B.— The Class shown is to be that in which the prisoner was prior to Examination. The 
 Standard is to be that for which the Examination shows him to be qualified. If a new Standard 
 is not attained between two Examinations, it will not be necessary to make an extra entry of the 
 Standard, but merely insert the date of the last Examination in the column for the dates. 
 
 1 
 
 •5 
 
 .s 
 
 c 
 g, 
 "e 
 
 5< 
 
 1. 
 
 M 
 
 w 
 
 ■< 
 H 
 
 C 
 
 A short ordin- 
 ary paragraiih in 
 some ordinary 
 modem narra- 
 tive. 
 
 Another short 
 ordinary para- 
 graph in some 
 or<linary modern 
 narrative slowly 
 dictated by a few 
 words at a time 
 
 ■■Cf4 
 
 > 
 
 1 
 
 C 
 c3 
 
 A few lines of 
 poetry from a 
 readiiig book 
 used in the First 
 Class of the 
 School. 
 
 A sentence slow- 
 ly dictated once 
 by a few \«ords 
 at a time from a 
 readingbook used 
 in the First Class 
 of the School. 
 
 A sum in com- 
 pound rules. 
 (Common Wgts. 
 and Measures) 
 
 S 
 
 A short para- 
 grai)h from a 
 more advanced 
 reading book 
 used in the 
 School. 
 
 A sentence slow- 
 ly dictated once 
 by a few words 
 at a time from 
 the same book, 
 but not from the 
 paragi'aph read. 
 
 a 
 
 8 . 
 
 ili 
 
 M 
 02 
 
 A short para- 
 graph from an 
 elementary read- 
 ing book used in 
 the School. 
 
 A sentence from 
 the same para- 
 graph slowly read 
 once and then 
 dictated in sin- 
 gle words. 
 
 A sum in any 
 simple rule as far 
 as Short Division 
 (inclusive.) 
 
 t-H 
 M 
 
 J 
 M 
 
 One of the nar- 
 ratives next in 
 order after mono- 
 syllables in an 
 elementary read- 
 ing book used in 
 the School. 
 
 a §s 
 
 •"j3 p. 
 
 P.- o 
 
 A sum in Sim- 
 ple Addition or 
 Subtraction and 
 the Multiplica- 
 tion Table. 
 
 M 
 
 .2 
 
 a 
 
 Form on black 
 board or slate, 
 from dictation, 
 letters capital 
 and small, man- 
 uscript 
 
 Form on black 
 board or slate, 
 from dictation, 
 figures as up to 
 20, name at sight 
 figures up to 20, 
 add and subtract 
 figures up to 10 ; 
 orally, from ex- 
 amples on black 
 board. 
 
 
 o 
 
 s 
 < 
 

 
 Tabi.k III.- — To SHOW Progress in each Sibject. 
 
 Date of Examination. 
 
 
 
 
 
 
 
 
 
 1 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 1 
 
 E 
 
 ? 
 
 
 1 
 
 
 
 
 
 
 
 
 
 Writing 
 
 Arithmetic 
 
 
 
 
 Write G. P. for Great Progress. — P. for Progress. — S. for Stationary. — B.^for Gone Back. 
 Directions for the x'se op this Book. 
 
 1. An Examination Book will be given to every Prisoner under idstruction. It is to be kept by 
 the Schoolmaster, and to be issued to the prisoner at all Examinations. 
 
 Immediately on the Prisoner joining the School, he is to be examined and his work is to be 
 entered in this Book. If at this, or at any succeeding Examinations, the Prisoner is unable to use 
 the Book, the Schoolmaster will write a statement to that effect on each occasion, specifying the date 
 and affixing his signature. In case of the transfer of a Prisoner, his Examination Book will be sent 
 with him. 
 
 2. The following work is to be done, in this Book, at each Examination : 
 
 a. Exercises in Writing, in large, round, or small hand ; not loss than two Unes. 
 
 h. An Exercise in Dictation, about fifty words. 
 
 e. Exercises in Arithmetic, in the Standard to which the Prisoner has attained, two or 
 three examples in each rule belonging to that Standard, and if thought fit, some 
 examples in the Kules belonging to the previous Standards. 
 
 3. At the commencement of every Examination the Prisoner will write, on the page on which 
 he is about to enter his work, his Name and Number, the name of the Station, and the Date. 
 
 4. The Chaplain or Assistant Chaplain wiU write one of the numbers I., II., III., IV., V., or 
 VI., on each Exercise in Reading, Writing, or set of Exercises in Beading, Writing, or set of 
 Exercises in Arithmetic, that fairly comes under the Standard of attainment denoted thereby. 
 
 5. In completing the tables on the cover of this Book, the Pujiil is to be classed as having made 
 progress, if he was not able to use a book at the last Examination, but can do so now. 
 
 6. The " Standards" will be those in use by the Committee of Council on Education. 
 
 Appendix V. 
 No. 120. 17th February, 18G4. 
 
 I BEG to transmit copies of a table of the new dietaries for male and female convicts approved by 
 Secretary Sir George Grey, which are to come into use on and after the 15th of April next. 
 
 For Male Convicts at Ind^-strial Employment. 
 Breakfast. 
 
 J pint cocoa, containing 
 
 ■ ^ oz. of cocoa 
 2 oz. milk 
 .J oz. molasses 
 Bread.
 
 Dinndh. 
 
 a.,^A^-^ J 4 oz. cheese 
 
 Sunday jjj.^^^1 
 
 Monday 4 oz. mutton. 
 
 t With its own liquor flavoured with J oz. onions, and thick - 
 ( cikhI mth bread lel't on iirevious day 
 1 11). potatoes ; * bread. 
 
 t 8 oz. shin of beef 
 
 Tuesday 1 pt. soup, containing... | 1 oz. pearl barley 
 
 ( 3 oz. fresh vegetables, including onions 
 1 lb. potatoes;* bread. 
 
 ■Wednesday . ., 4 oz. mutton. . . with its own liquor, flavoured and thickened as above. 
 
 1 lb. potatoes ; bread. 
 
 1 lb. potatoe.g ; bread. 
 
 Friday 4 oz. beef. . . with its own liquor, flavoured and thickened as above. 
 
 1 lb. potatoes ; * bread. 
 
 Saturday 4 oz. beef. . . with its own liquor, flavoured and thickened as above. 
 
 1 lb. potatoes; * bread. 
 
 Supper. 
 
 ■ 2 oz. oatmeal 
 1 pint gruel, containing J Joz. molasses 
 
 !i 
 
 2 oz. milk 
 Bread. 
 
 Bread per week 148 oz. 
 
 „ each week day 20 oz. 
 
 „ each Sunday 28 oz. 
 
 Penal Class Diet. — Males. 
 Breakfast. 
 
 1 pint porridge, containing j | - -^-^ 
 
 Bread. 
 
 Dinner. 
 1 lb. potatoes ; bread. 
 
 Supper. 
 
 1 pint porridge, as at breakfast ; bread. 
 
 Bread per week 140 oz. 
 
 day 20 „ 
 
 Punishment Diet.— Males. 
 
 1 lb. bread per diem, with water. 
 
 Penal Class Diet every fourth day, when the diet is continued beyond three days. 
 
 Dietaries for Convicts at Public Works. Also Dartmoor and Woking. 
 
 For Convicts at Hard Labour. 
 
 Breakfast. 
 
 f^ oz. cocOa 
 2 oz. milk 
 2 oz. molasses 
 Bread (see below.) 
 
 Dinner. 
 
 Q ,.«jo.„ i 4 oz. cheese 
 
 S^'l'^y (bread 
 
 * J oz. of flmir each, and | oz. oj pepper per cent, to be added to Millbank arid Pentonville Diet.
 
 Vll 
 
 I With its own liquor, flavoured with ^ oz. onions, and tliirk- 
 
 Monday and Saturday 5 oz. beef < cued with ^ oz. tlour, and bread and iJotatucs left on 
 
 ' previous days, and I oz. pepper per cent. 
 1 lb. potatoes; bread. 
 
 8 oz. shin of beef 
 
 Tuesdav and ) I ^ °^- ^"^^''^ barley 
 
 •,; ■'/„ 'r [ 1 pint soup, containing { 2 oz. fresh vegetables 
 ^^^^^y ) h oz. onions 
 
 ^ oz. flour 
 1 lb. potatoes; bread. 
 
 Wednesday 5 oz. mutton... with its own liquor, flavoured and tliickened as above. 
 
 1 lb. potatoes ; bread. 
 
 / IJ oz. suet 
 Thursday..,! lb. suet pudding, containing < 8 oz. flour 
 
 ( 6J oz. water 
 1 lb. potatoes; bread. 
 
 Supper. , 
 
 * 1 pint eruel, containing | 2 oz. oatmeal ,t . , .,, , . . ^ 
 
 ^ ° ' >= ( s OZ- molasses, or salt, varied with ground ginger or pimento 
 
 Bread (see below.) 
 
 Bread per week 168 oz. 
 
 „ each week day 23 „ 
 
 „ each Sunday 30 „ 
 
 For Convicts at Light Labour. 
 Breakfast. 
 
 ( i oz. cocoa 
 
 J pint cocoa, containing < 2 oz. milk 
 
 ( i oz. molasses 
 Bread (see below.) 
 
 Dinner. 
 
 «-d-y • [iZt'^'' 
 
 fWith its own liquor, flavoured with J oz. onions, and thick- 
 ened with ^ oz. flour, and any bread and potatoes left on 
 the previous days, and | oz. pepper per cent. 
 1 lb. potatoes ; bread. 
 6 oz. shin of beef 
 TiioorlaTT QT./1 1 I 1 oz. pearl barley 
 
 psH^L 1 pint soup, containing ( 2 oz. fresh vegetables 
 
 ^^^^y > 1 oz. onions 
 
 J oz. of flour 
 1 lb. potatoes ; bread. 
 
 Wednesday 4 oz. mutton... with its own liquor, flavoured and thickened as above. 
 
 1 lb. potatoes ; bread. 
 /■ I oz. suet 
 Thursday... J lb. suet pudding, containing < 4 oz. flour 
 
 ( 3| oz. water 
 1 lb. potatoes ; bread. 
 
 Supper. 
 
 1 pint gruel, containing f ? °^- "^^'^'^^^ 
 
 2 OZ. molasses 
 Bread (see below.) 
 
 Bread per week 145 ozs. 
 
 „ each week-day 20 „ 
 
 „ each Sunday 25 „ 
 
 MiLLBANK, Brixton, and Paekhurst. 
 
 Ordinary Diet. — Females. 
 
 Breakfast. 
 
 fj oz. cocoa 
 2 oz. Tnilk 
 J oz. molasses 
 Bread. 
 
 * Prisoners in \st and 2nd classes may have tea and 2 oz. of additional bread in lieu of 
 gruel.—ieth December, 1864.
 
 _ , ( 3 oz. cheese 
 
 Sunday j l^read 
 
 I TV'ith its own liquor, flavoured with \ oz. onions, and thick- 
 Monday 3 oz. mutton... I oncd w-ith l)nail left on previous day, and ^ oz. Hour and 
 
 ( '■{ oz. pepper per 100 rations 
 
 I lb. potatoes; bread. 
 
 ( 8 oz. shin of beef 
 
 Tuesday 1 pint soup containing... ! 1 oz. pearl barley 
 
 ( 3 oz. fresh vegetables, including onions 
 J lb. potatoes; bread. 
 
 "Wednesday 3 oz. mutton... Tvith its ovai liquor, flavoured and thickened as above. 
 
 I lb. potatoes ; bread. 
 
 /■ 1 oz. 2 drs. suet 
 Thursday...! lb. suet pudding, containing | 6 oz. flour 
 
 ( 4 oz. 14 drs. water 
 I lb. potatoes ; bread. 
 
 Friday 3 oz. beef... with its o^vn liquor, flavoured and thickened as above. 
 
 f lb. potatoes ; bread. 
 
 „ ^ . Ota ( With its own liquor, flavoured with J oz. onions and thickened 
 
 Saturday 3oz.beef...| ^s above 
 
 I lb. potatoes; bread. 
 
 Suppeh. 
 
 ( 2 oz. oatmeal 
 
 1 pint gruel, containing < 5 oz. molasses 
 
 ( 2 oz. milk 
 
 Bread. 
 
 j^^^" "Women employed in washing, or other exceptionally hard word, to receive daily an extra 
 allowance of 3 oz. broad and 1 oz. cheese, as an intermediate meal between breakfast and dinner, and 
 4 oz. of meat four times a week instead of 3 oz. 
 
 Tea, with J oz. molasses, 2 oz. of milk, and 2 ozs. of bread, may be issued to women in the 1st 
 class everj' night, and to women in the second class on alternate nights, instead of gruel. 9th 
 January, 1865. Brixton and Parkhurst. 
 
 Bread per week 118 oz. 
 
 „ each week day 16 „ 
 
 „ each Sundaj' 22 „ 
 
 Penal Class Diet. — Females. 
 Breakfast. — 1 pint porridge, containing 4 oz. oatmeal, ^ pint milk; bread. 
 Dinner. — 1 lb. potatoes ; bread. 
 Supper. — 1 pint porridge, as at breakfast; bread. 
 
 Bread per week 112 ozs. Bread per day 16 ozs. 
 
 Punishment Diet. — Females. 
 
 1 lb. Bread per diem, with water. 
 Penal Class Diet every fourth day, when the diet is continued beyond three days. 
 
 Fulham. — Breakfast. 
 
 Cocoa, 1 pint, made with ^ oz. cocoa-nibs, ^ oz. sugar, 2 oz. milk; 6 oz. bread 
 
 Ordinary Dinners. 
 
 Sunday Cold baked mutton, 5 oz. cooked meat, 4 oz. bread, and ^ lb. potatoes 
 
 Monday Baked mutton, 5 oz. cooked meat, 4 oz. bread, and g lb. potatoes 
 
 Tuesday Boiled beef as in ordinary diet, 5 oz. |of cooked meat, 4 oz. bread, and J lb. potatoes. 
 
 _. , , i Beef pudding, to contain 4 oz. meat when cooked, the paste to be made of 4 oz. flour, 
 weonesaay.. j y,ritii i q^, of suet; or the same quantity in Irish stew, with 1 oz. and J lb. potatoes 
 
 Thursday ...Boiled mutton, 4 oz. cooked meat, 4 oz. bread, and J lb. hot potatoes 
 
 ■p ■■, ( Beef pie, the pie to contain 4 oz. cooked meat, and the paste to be made of 4 oz. flour, 
 
 xnuay | ^^^ ^ ^,^ dripping, suet, or lard 
 
 _ , , ( Soup, 1 pint, made with 3 oz. cooked beef, 3 oz. potatoes, 1 oz. barley, 1 oz. onions ; 
 
 baturaay ... | i ib. potatoes, and 6 oz. bread 
 
 "Women employed in the wash-house, and at other hard labour to have 1 oz. of meat in addition, 
 and 1 pint of broth on each day, excepting Sunday and "Wednesday, J lb. potatoes. 
 
 "Women so employed to have l^ oz. cheese at such time as may be convenient every day except 
 Sunday, and then 1 oz. cheese. 
 
 Tea.— 1 pint of tea (made with J oz. tea, I oz. sugar, 2J oz. milk) and 8 oz. bread.
 
 Appendix VI. 
 No. 145. 
 
 22nd July, 1861 
 System op Classification to be adopted for all Convicts received into the Public "Works Prisons 
 on and after 12th July, 1864. 
 
 1. — All stages and classes, as now existing, to be prospectively abolished for all convicts hereafter 
 received into Public Works Prisons. 
 
 2— A convict during the term of his imprisonment -ffill be required to pass through the following 
 classes, viz : — 
 
 Probation class, one year, during which thoy must cam on public works 720 marks. \ Minimum pc- 
 Third class, one year, during which they must earn on public works 2,920 marks. .' """^j ^^ S°°^ 
 Second class, one year, during which they must earn 2,920 marks. ) industry. 
 
 After which they will be eligible for promotion to the 1st class. 
 
 3. — Every convict is thus required to remain in the probation class for a minimum period of one 
 year, reckoned from the date of conviction, of which 9 months will be passed in separate confinement. 
 
 4. —If his conduct and industry are good, he will then be promoted to the 3rd class, and so on to 
 the 2nd, remaining in each a minimum period of one year. 
 
 5. — Prisoners detained in separate confinement for misconduct cannot be promoted to the 3rd 
 class, until three months after they have become eligible for removal to public works. 
 
 6. — The remainder of the term of his imprisonment will be spent in the 1st class, unless he is 
 promoted to the special class, or degraded to any lower class. 
 
 7. — These classes will be kept quite separate from each other in the prisons. 
 
 8. — Convicts in the probation class will be subjected while undergoing separate confinement to 
 the special rules and regulations approved of for the separate prisons. On removal to public works 
 they will continue in the probation class until they have completed twelve months, reckoning from 
 the date of conviction with good conduct. 
 
 Prisoners in the probation class will wear the ordinary grey convict dress without facings. 
 
 9. — Prisoners in this class on the public works will be allowed no gratuity, nor to receive visits, 
 nor to receive or write letters, except one letter on reception from separate confinement ; they will 
 be allowed one period of exercise on Sunday. 
 
 10. — If their conduct and industry are either bad or indifi'erent, either in separate confinement or 
 after their removal to public works, they will be detained in the probation class luitil they have 
 earned an additional nimiber of marks to that allotted to the period to be passed in probation. 
 
 11. — Prisoners in the 3rd class will wear the ordinary grey convict dress with black facings. 
 They will be allowed, — 
 
 1st. — To receive a gratuity of I2s., being at the rate of Is. per month for 12 months, to be earned 
 by marks during the time spent in this class, and if their conduct shews that they deserve it. 
 
 2nd. — To receive a visit of 20 minutes' duration, once in six months, at such time as the 
 Governor approves, care being taken that the stipulated number is not exceeded, and both to 
 receive and write a letter once in six months, provided their conduct in that class has been 
 good for at least two previous consecutive months. 
 
 3rd. — They will be allowed one period of exercise during Sundays. 
 
 12. — Prisoners in the 2nd class will wear the ordinary grey convict dress with yellow facings. 
 They will be allowed, — 
 
 1st.— To receive a visit of 20 minutes' duration, and both to receive and write a letter once in 
 four months.
 
 2nd.— To receive a gratuity of 18s., calculated at 1*. Gd. per month for twelve months, to be 
 earned by marks during the time spent in this class, if their conduct shews that they deserve it. 
 3rd. — To be allowed choice of tea and 2 oz. of additional bread iiLstcad of gruel. 
 4th. — To have two periods of exercise during Sundays. 
 13. — Prisoners in the 1st class will wear the ordinary grey convict dress with blue facings. 
 They will be allowed, — 
 1st, — ^To receive a visit of half-an-hour, and both to receive and write a letter once in three months. 
 2nd. — Prisoners in this class wiU be allowed a gratuity of 30s., being at the rate of 2s. 6d. per 
 
 month for twelve months, to be earned by marks until they have earned £3 altogether. 
 3rd. — ^To be eligible, if their conduct and industry are good, and if special circimistances should 
 
 render it desirable, to be recommended on discharge for a further gratuity not exceeding £3. 
 4th. — To be allowed the choice of tea and 2 oz. of additional bread instead of gruel, and baked 
 
 instead of boUcd meat. 
 5th. — To be allowed three periods of exercise on Sundays. 
 Ko convict is to bo promoted to the 1st class, until he can read and write, except in special cases, 
 which must be reported to the Director. 
 
 14. — Prisoners in the special class will wear a blue dress. They will be eligible to be recoimnended 
 for an extra remission not exceeding one week. 
 
 15. — All prisoners on public works will wear a badge on the sleeve, which will shew the register 
 number and sentence of the prisoner ; they will be of the same colour as the facings, except those of 
 the probation class, which will be of the same colour as the clothing. 
 For practical purposes in calculating the gratuities, the following scale may be adoirted : 
 In the 3rd class 20 marks are equal to Id. 
 In the 2nd „ „ „ l^d. 
 
 In the 1st „ „ „ 2Jrf. 
 
 Convicts sentenced to cross-irons or to wear the parti-coloured dress, while under such ptmishment 
 to be placed in the probation class ; after which they will return to their original class, unless the 
 sentence specifies to the contrary. 
 
 Convicts returned to public works from second probation in separate confinement will go through 
 the classes in the same way as convicts first received from separate confinement. 
 
 Appendix VII. 
 Penal Class Ettles. 
 1. — Penal Class prisoners wUl be confined in special cells, where strict silence is observed. 
 2. — ^They will take exercise for about an hour a day, separately, in the presence of an 
 officer. 
 
 3. — They wiU be employed at such hard labour as may be ordered, or in picking a regulated 
 weight of oakum or coir, without instruments, or in some such occupation. 
 
 4. — They will be restricted to a special diet for three months at least. 
 
 5. — They will not be allowed to receive visits, or letters, or to write letters. 
 
 6. — They will be subject to the ordinary prison punishment for ordinary ofiences. 
 
 7. — If specially recommended by the Governor, on account of good conduct at the end of three 
 months, they will receive the ordinaiy prison diet. 
 
 8. — If again specially recommended by the Governor at the end of three additional months, they 
 will return to the ordinary cells. 
 
 9. — They wiU be credited with marks at the rate of six per diem. 
 
 10.— They should be examined by the Medical Officer before placing them on punishment diet. 
 11.— A special list of library books will be kept for the use of prisoners in the penal class, which 
 will be approved by the Directors.
 
 XI 
 
 Appendix VIII. 
 
 No. 222. 24tli March, 1865. 
 
 It is in contomiil.ation to transfer from the public works prisons to the close prisons, for the last 
 three or six mouths of their sentences, such prisoners as by their continuous bad conduct on public 
 works have shown thomsclves to have failed to profit by the discipline to which they have been sub- 
 jected, and to send iatheir places prisoners who have been in the close prisons more than nine months. 
 
 You are therefore requested to send to this office, now and from time to time, the particulars of 
 men due for discharge in about three or six mouths, who you would recommend to be so transfer- 
 red, including particularly men whose licences have been revoked, men repeatedly re-convicted, and 
 men who have forfeited all, or nearly all, of their remissions, and have persevered in a continuous 
 course of misconduct. 
 
 Appendix IX. 
 
 No. 146. Regulations. — Mark System, 
 
 1. — The time which every convict, under sentence of penal servitude, must henceforth pass in 
 prison will be represented by a certain number of marks, which he must earn by actual labour 
 performed before he can be discharged. 
 
 2. — ^No remission will be granted for conduct. It is only on condition of good conduct and strict 
 obedience that convicts are allowed to earn by their industry a remission of a portion of their 
 sentences. 
 
 3. — If, therefore, their conduct is indifferent, or bad, they will be liable to be fined a certain number 
 of marks, according to the nature and degree of the offence, and will thus forfeit by misconduct the 
 remission they may have gained by their industry. 
 
 4. — The scale of marks is, — 
 
 8 marks per diem for steady hard labour, and the full performance of their allotted task. 
 
 7 „ „ a less degree of industry. 
 
 6 „ „ a fair but moderate day's work. 
 
 5. — ITo remission is granted for the period passed in separate confinement, which is fixed at nine 
 months ; a convict's marks are therefore to be calculated at the rate of six per diem, as commencing 
 nine months from the date of conviction ; and any forfeiture of time incurred in separate confine- 
 ment is to be added to his marks at the rate of six for every day forfeited ; but if he is detained 
 through no fault of his own in a separate prison above nine months from date of sentence he wiU be 
 credited with eight marks per diem for the days he is so detained. 
 
 6. — If by his industry on public works the convict gains eight marks per diem, and does not forfeit 
 any for misconduct, he earns the full remission of one-fourth allowed by the Secretary of State. 
 
 7. — ^When a convict is sentenced to forfeiture of time, a number of marks equal to the number of 
 days forfeited multiplied by six is to be added to the whole number of marks he has to earn : as he 
 can by industry earn eight, he may thereby gain a remission of one fourth of such forfeiture. 
 
 8. — ^When a convict is sentenced to be degraded for a certain time to a lower class, he must remain 
 therein until he has earned the full number of marks for that time, viz., the whole number of days 
 multiplied by eight ; such number of marks is not, however, to be added to the original number he 
 has to earn for remission, but it represents the number of marks he must earn before he can return 
 to his original class, unless the sentence specifics to the contrary. 
 
 Convicts in the light labour class to be credited only with six or seven marks according to their 
 character and industiy, unless specially otherwise ordered by the Director. 
 
 Convicts sentenced to separate confinement, or penal class, or while undergoing second probation, 
 to he credited only with six marks per diem during that period.
 
 Xll 
 
 Convicts ill hospital to be credited only -with six marks per diem which may be increased by 
 special recommendation of the Governor to the Director. 
 
 The record of marks to be kept by the infirmary principal warder, and submitted to the medical 
 officer, who yrHl make such recommendation as he sees fit to the Governor. 
 
 9. — On Siuiday marks must be allotted for conduct alone on that day. 
 
 10. — Any prisoner reported for idleness or misconduct at school will be liable, in addition to any 
 other punishment, to be fined a number of marks proportionate to his offence. 
 
 11. — Convicts, who, by their inattention, do not profit by the instruction given them, and arc 
 found unable to read and write on emerging from the third class, will forfeit their gratuity, which 
 cannot be restored to them until they can do so. 
 
 The power of the Governor to fine convicts for remission is limited to the equivalent in marks of 
 their present power of forfeiture of time, viz., from one to fourteen days, the equivalent being from 
 6 to 84 marks ; and his power as to degradation of class is limited to three months, represented by 
 720 marks, which must be earned before the convict can regain his class, but which are not to be 
 added to the total amount he has to earn for remission. 
 
 Reconvicted men will be placed in the same scale of remissions as other convicts and if their 
 conduct is meritorious their cases will be submitted for favourable consideration at the same period 
 as other convicts ; but they will be more severely dealt with than other convicts if they misconduct 
 themselves. [A subsequent order deprives convicts reconvicted a third time under certain conditions 
 of the privilege of gaining a licence.] 
 
 Convicts who by their misconduct forfeit the whole of their remission, will be liable to be kept in 
 separate confinement during the last six months of their sentence. 
 
 Appendix X. 
 No. 335, 
 
 10th January, 1871. 
 Awarding akd Recoeding the Marks Gained by Cokvicts. 
 
 1. The attention of Governors and Lady Superintendents is directed to the importance of 
 paying constant attention to the details of the working of the system of marks in order to ensure care 
 in awarding and recording the marks gained by Convicts, and a proper check on the correctness of 
 the entries of marks gained or forfeited. 
 
 2. No officer should be appointed to take charge of a party until the Governor is satisfied 
 that he understands thoroughly the principle on which marks should be awarded, and shows he 
 would be likely to carry out the system fairly and efficiently. The Governor should frequently 
 satisfy himself that the officers continue to know and to perform their duty in this respect. 
 
 3. The Deputy Governors shall' take every means of seeing that the warders in charge of 
 parties award the marks fairly, and should, during their daily roimds on the works, examine and 
 initial the books of a certain number of parties every day, so that the fairness of the award of 
 marks by every officer in charge of a party may be checked by them at least once in the course of the 
 week. The Principal "Warders should also daily examine and initial the books of the officers in their 
 districts for the same purpose. 
 
 4. If it shall appear to them that an officer in charge of a party does not execute this duty 
 efficiently, they shall report accordingly to the Governor, who shall take such steps as may be 
 necessary. 
 
 5. No less care is necessary to ensure the correct entry in the penal record, and on the 
 prisoners' cards of the awards and forfeitures. The Governor should himself, and by the Deputy 
 Governor, frequently examine the entries to see that they are posted without delay, and that the 
 clerks carry out their part of these duties with care and correctness. 
 
 E. F. DU CANE.
 
 xm 
 
 Appendix XI. 
 
 Order of i.icf.xcf. to a convict made under the statutes 16 & 17 vict. c. 9!), s. 9, 
 AND 27 & 28 VICT., c. 47, s. 4. 
 
 ■Whitehall, day of 187 
 
 Her Majesty i.s graciously pleasod to grxtit to who was convicted of 
 
 at the , for the , on the day of 18 , and was then 
 
 and there sentenced to be kept in Penal Servitude for the term of and is now confined 
 
 in the Prison, Her Royal Licence to be at large from the day of 
 
 his liberation under this order, during the remaining portion of his said term of Penal Ser\'itude, 
 unless the said shall, before the expiration of the said term, be con\'icted of some indict- 
 
 able offence within the United ICingdom, in which case, such Licence will be immediately forfeited 
 by law, or unless it shall please Her Majesty sooner to revoke or alter such Licence. 
 
 This Licence is given subject to the conditions endorsed upon the same, upon the breach of any 
 of which it sliaU be liable to be revoked, whether such breach is followed by a conviction or not. 
 
 And Her Majesty hereby orders that the said be set at liberty within Thirty Days 
 
 from the date of this Order. 
 
 Given under my hand and Seal, 
 
 Signed, 
 
 True copy. -v 
 
 Licence to be at large. j Chairman of the Directors I 
 
 of Convict Prisons. ' 
 
 THIS licence VCILL BE FORFEITED IF THE HOLDER DOES NOT OBSERVE THE FOLLOWING CONDITIONS. 
 
 The Holder shall preserve his Licence, and produce it when called upon to do so by a Magistrate 
 or Police Officer. 
 
 He shall abstain from any violation of the Law. 
 
 He shall not habitually associate with notoriously bad characters, such as reputed thieves 
 and prostitutes. 
 
 He shall not lead an idle and dissolute life, without visible means of obtaining an honest livelihood. 
 
 If his licence is forfeited or revoked in consequence of a conviction for any Offence, he will be 
 liable to undergo a Term of Penal Servitude equal to the portion of his term of years, which re- 
 mained unexpired when his Licence was granted, viz., the term of 
 
 If it appears from the facts proved before a court of summary jurisdiction that there are reason- 
 able grounds for believing that the convict so brought before it is getting his livelihood by dishonest 
 means, such convict shall be deemed to be guilty of an offence against the Prevention of Crimes Act, 
 and his licence shall be forfeited. 
 
 Every holder of a licence granted under the Penal Servitude Acts who is at large in Great Britain 
 or Ireland, shall notify the place of his residence to the chief officer of police of the district in which 
 his residence is situated, and shall, whenever he changes such residence within the same police 
 district, notify such change to the chief officer of police of that district, and whenever he changes his 
 residence from one police district to another, shall notify such change of residence to the chief officer 
 of police of the police district which he is leaving, and to the chief officer of police of the police 
 district into which he goes to reside ; moreover, every male holder of such a licence as aforesaid 
 shall, once in each month, report himself at such time as may be prescribed by the chief officer of 
 police of the di.strict in which such holder may be, either to such chief officer himself or to such other 
 person as that officer may direct, and such report may, according as such chief officer directs, be re- 
 quired to be made personally or by letter. 
 
 If any holder of a licence who is at large in Great Britain or Ireland, remains in any place for 
 forty-eight hours without notifying the place of his residence to the chief officer of police of the 
 district in wliicli such place is situated, or fails to comply with the requisitions of this section on the
 
 occasion of any change of residence, or with the requisitions of this section as to reporting himself 
 once in each month, ho shall in every such case, unless he proves to the satisfaction of the Court 
 before whom ho is tried that he did his hest to act in conformity with the law, be guilty of an oflfenoe 
 against the Prevention of Crimes Act, and upon conviction thereof his licence may in the discretion 
 of the Court be forfeited, or if the term of Penal Servitude in respect of which his licence was granted 
 has expired, at the date of his conviction, it shall be lawful for the court to sentence him to impri- 
 sonment, with or without Hard Labour, for a term not exceeding one year, or if the said term of 
 Penal Servitude has not expired but the remainder unexpired thereof is a lesser period than one year, 
 then to sentence him to imprisonment, with or without Hard Labour, to commence at the expiration 
 of the said term of Penal Ser\-itude, for such a term as, together with the remainder unexpii'cd of his 
 said term of Penal Servitude, will not exceed one year. 
 
 "VThere any person is convicted on indictment of a crime, and a previous conviction of a crime is 
 proved against him, he shall, at any time within seven years immediately after the expiration of the 
 sentence passed on him for the last of such crimes be guilty of an ofTcncc against the Prevention of 
 Crimes Act, and be liable to imprisonment with or without Hard Labour, for a term not exceeding 
 one year, under the following circumstances or any of them : 
 
 First. If, on his being charged by a constable with getting his livelihood by dishonest means, 
 and being brought before a court of summary jurisdiction, it appears to such court that 
 there are reasonable grounds for believing that the person so charged is getting his liveli- 
 hood by dishonest means ; or, 
 Secondly. If on his being charged with any offence punishable on indictment or summary 
 conviction, and on being required by a court of summary jurisdiction to give his name and 
 address, he refuses to do so, or gives a false name or a false address ; or, 
 Thirdly. If he is found in any place, whether pubUc or private, under such circiimstanccs as 
 to satisfy the court before whom he is brought that he was about to commit or to aid in the 
 commission of any offence punishable on indictment or summary conviction, or was waiting 
 for an opportunity to commit or aid in the commission of any offence punishable on indict- 
 ment or summary conviction ; or, 
 FotTRTHLY. If he is found in or upon any dwelling-house, or any building, yard, or premises, 
 beiug parcel of or attached to such dwcUing-house, or in or upon any shop, warehouse 
 counting-house, or other place of business, or in any garden, orchard, pleasure-gromid, or 
 nursery-ground, or in any building or erection in any garden, orchard, pleasure-ground, or 
 nursery-ground, without being able to account to the satisfaction of the Court before whom 
 he is brought for his beuig found on such promises. 
 
 Appendix XII. 
 Ko. 339. 20th May, 1871. 
 
 S.VNITARY KePORTS ON CoNVICT PRISONS, AND OTHER MeDICAL EeTURNS. 
 
 With reference to the rules for Medical Officers, in which certain periodical inspections are 
 ordered with a view to ensuring the health of the prisoners, and good sanitary condition of the prison, 
 the Secretary of State has directed that in future a fuU and detailed Keport of the Sickness and 
 Mortality in each prison and of the Sanitary condition of the prisons shall be made quarterly 
 accordino- to the accompanying form. The Monthly Report is also to be rendered, according to the 
 enclosed form. No. 458m. in lieu of 262 (Millbank and Brixton), and 458m. (other prisons). 
 
 The enclosed amended forms of "Medical Ilistory Sheet, No. 443m.," "Medical Statistics, No. 
 453m. " and "Statement of Cases of Invalid Convicts, No. 451m." are in future to be used in lieu of 
 those heretofore furnished, the object being to improve the Statistics and Records of the health of tha 
 convicts, and of their medical treatment while in prison. 
 
 The Medical Ofiicers of the County and Borough Prisons, have been requested to furnish a State- 
 ment on the accompanjdng form, on the occasion of their sending an Invalid Convict to a 
 Government Prison. E. F. DU CANE.
 
 XV 
 
 Sanitary Kkpouts of Medical Offickus. No. 458m. 
 
 Prison, 
 
 187 
 
 SIR, 
 
 I have the honour to report that according to the Established Rule, I, on 
 Inspected every part of the Prison, to ascertain whether anything exists therein Ukcly to be injurious 
 to the health of the Prisoners, and especially whether the Ventilation is sufficiently provided for and 
 
 attended to, and have to report 
 
 Having seen every Prisoner, as directed I bog to report as regards their present state of 
 
 health that 
 
 The Visiting Director. 
 
 The following is the Return of the number of Infirmary Sick, and of cases treated as casual Sick in 
 the Wards of the Prison during month of 187 
 
 Daily average number of Prisoners Per CENT.iOE. 
 
 Daily average number of Infirmary Sick 
 
 Number of Sick in the Infirmary on the last day ( 
 
 of last month ) 
 
 Number admitted to the Infirmary during the ) 
 month ) 
 
 Number in the Infirmary on the last day of the ) 
 present month f 
 
 Number of deaths during the month 
 
 Niunber of cases of casual Sick, including new ) 
 cases and renewed applications ) 
 
 I have the honour to be. Sir, your obedient Servant, 
 
 Medical Officer. 
 
 > 
 
 Sanitart Report of /". Prison, for the Quarter ending the 
 
 last day of 187 
 
 Date Medical Officer. 
 
 1 . State whether the temperature of the air in the Cells, and other parts of ^ 
 the Prison, has been such as to promote the health of the prisoners ; whether the j 
 apparatus for warming and ventilating is in good working order, and whether I 
 the officers appointed to regulate the ventilation and warming understand the 
 action of the system in use, and have discharged those duties with care and 
 efficiency. 
 
 ^Note. — The channels through which fresh air is supplied should be 
 examined periodically, to see that they are cleanly. Thermometers should be I 
 fixed in every Hall or place occupied by Prisoners, for the information of the I 
 responsible Officers.) J 
 
 2 State whether the water has been .siifficient in quantity, and of good \ 
 quality. ' 
 
 3. State whether the food has been of good quality, and what changes, if ( 
 any, have been made in the ordinary supply. ' 
 
 4. State whether the modes of preparation and serving up of the food liavc \ 
 been according to order, and whether the cooking and baking arc efficiently \ 
 performed. 
 
 5. State whether the means employed to preserve cleanliness in the persons, ) 
 the bedding, and the clothing of the prisoners have been sufficient. ' 
 
 F
 
 XVI 
 
 6. State whether any nuisance has arisen during the Quarter, from any \ 
 defect of drainage or sewerage, or any want of clea n li n ess in the water-closets, 
 sinks, urinals, or any other parts of the prison. J 
 
 7 . State whether any, and, if so, what, other influences in the prison, or ] 
 its immediate neighbourhood, have appeared to you to exercise an injurious 
 effect upon the health of the prisoners, and what remedy you would propose. J 
 
 8. State the condition of the subordinate ofllcers' quarters with refer- 
 ence to — 
 
 1st. Cleanliness. 4th. Overcrowding. 
 
 2nd. Drainage and Sewerage. 5th. Local cause of Diseases. 
 
 3rd. Water Supply. 
 
 Appendix XIII. 
 
 Extracts from a impcr by Captain Percy Smith, R.E. in the " PROFESSION^AL PAPERS OF 
 THE ROYAL ENGINEERS," Vol. xvi.* 
 
 It is hoped that a consideration of the Appendices will shew that the following results have been 
 attained ; — 
 
 (I.) An average soldier in a working party, such as that shewn at page 95, does, in his working 
 day of nine hours, about |, and a convict, in his working day of seven hours, about |, of what a 
 civilian does in his working day of 9^ hours. (Appendix to page 93.) 
 
 (II.) In carrying out works, a party of soldiers working only five days a week, would take about 
 If times as long, and a party of convicts (working six days a week) about three times as long, as a 
 similar party of civilians working sis days a week. (Appendix to page 93.) 
 
 There is no cost whatever really chargeable to the works for a convict, that is, the Department 
 employing him has nothing to pay for him, but there is a certain extra expense which falls upon 
 the country when he is employed upon works, in consequence of the extra supervision required, when 
 he is out and away from the prison. 
 
 The cost of this extra supervision is assumed, upon the data given in Appendix 2, to be 6d. 
 per diem. (Appendix 2 to page 9G.) — Combining this information with that before arrived at, we find 
 (see Appendix 3) — that, taking working pay only into consideration, the cost per unit of work done 
 by the soldier is on an average J, and of that done by the convict is (for extra supervision only) \ of 
 that done by the civilian. (Appendix page 96.) 
 
 Many officers who may take the trouble to read these notes have doubtless had more opportu- 
 nities of seeing Military and Convict work than has the writer, whose experience is derived chiefly 
 from the fortifications in the Portland district, from measurement and notes upon which the data 
 furnished in this paper have been taken. On these works he is perhaps not in a position to give an 
 unbiassed opinion, but stiJl it may be stated with regard to Kothe Fort ( buUt by soldiers ) that the 
 opinion of many impartial judges — inspecting officers, &c. — has been that the work is quite equal to 
 that done by civilians, and it was reported on by the the late Contractor's foreman as "rather 
 superior " to contract work. At Portland there are many buildings erected by convicts which stand 
 side by side with, and cannot be distinguished from similar works built by civilians. 
 
 The advantages of emplo3Tng convicts on works are obvious. The hard work necessary for their 
 punishment is made reproductive, it improves them physically, and is not of such a nature as to 
 make them dogged and prevent mental improvement ; they acquire habits of industry, and in many 
 instances pick up a trade or such a knowledge of work that they qualify themselves to earn an 
 honest living when their sentences expire. On the other hand they work for very short hours ; they 
 must be withdrawn from the work on foggy days for fear of escape ; they cannot be kept extra 
 
 * XoTE — I believe the advantages of prisonlabour are somewhat under-estimated in this paper, because 
 some of Capt. Smiih's data were taken " on the safe side." Also, we now undoubiedly obtain better 
 results than at the time these observations were made.— E. P. D. C.
 
 XVll 
 
 hours on an emergency ; thoy cannot be employed singly 'sritliout great extra expence for superin- 
 tendence, nor can they be put into many positions of trust in ■which they may be required. 
 
 Again, if the same work had been done by convicts, we find by applying the information we 
 
 have obtained, that the cost woiild have been as follows : — 
 
 Per Cent. 
 Materials, (the same) 46 
 
 Labour, J the cost 10 
 
 Superintendence 5 
 
 Plant, (the same quantity, but deteriorating 3 times as > 
 
 long, 3x3=9 percent) j 9 
 
 Idle money, (the same capital, idle 3 times as long and } 
 
 paying only 3 per cent, 2x3xi) ) 3f 
 
 Profit, (the remainder) 26f 
 
 100 
 
 In this case again, the idle money is no loss to the Department employing the convicts, which 
 moreover does not pay the 10 per cent for extra superintendence. The real profit accruing to the 
 Department is therefore (26|+3J+10)=40 per cent. 
 
 We see, therefore, in this particular instance of a casemated fort, that whereas by contract the 
 Department would have to pay the full value of the work by employing Military labour, a profit 
 would result amounting to 28 per cent, and by convict labour a profit of 40 per cent. 
 
 It is evident that as the labour is the only item on which a saving can be efi'ected, the more of it 
 that can be introduced the greater the saving will be. The proportions given above are for a fort, 
 the bricks and stone for which are purchasd, but if the bricks are made, and the stone quarried by 
 the cheaper labour, the profits of the brickmaker and the quan-yman are added to those of the 
 builder, and the resulting profit is, for Military labour 38J per cent, and for Convict laboxir .54 
 per cent. 
 
 To find the average amount of work done by the Soldier or Convict, as compared 
 with the Civilian. 
 
 From Appendices 1b Ic 1a we see that the values at civilian rates of the work done in days of 
 
 the lengths mentioned here — 
 
 Hours Amount 
 
 Soldier 9 Zs.2d. 
 
 Convict 7 \s.1d. 
 
 Civilian 9J 4s. M. 
 
 Therefore compared with a civilian a soldier earns as 3s. 2d. to 4«. Brf. or ff say | 
 
 Do. a convict 1«. Id. to As. M. or ^| say | 
 
 But the soldier besides working shorter hours is at drill on Saturdays, and therefore only works 
 f the number of days worked by the civilian, the whole amount earned or done by him in a week 
 compared to that done by the civilian is therefore — 
 
 I V s = 12 — a 
 
 3-^6 — la — 9 
 
 Therefore a Military working party would take i* as long to do the work as a similar party of 
 civilians on day work, and as convicts work the same niunber of days as civilians, a convict working 
 party would take three times as long as a civilian working party of the same strength. 
 
 From the above, we easily ascertain that in a day of 9^ hours, the following would be the values 
 of work done at civilian rates — 
 
 Civilian 4s. id. 
 
 Soldier ^x^s.2d. 3s. 2d. 
 
 Convict « X Is. 7(7. 2s. 2d.
 
 XVUl 
 
 The relative amounts ol wuik Jono by civilian, soldier, and convict, in a day of the same 
 length, arc therefore as follows : — 
 
 Civilian 4s. 8rf. or 5Grf., or 11 or 1-0 
 
 Soldier 3s. 4d. or -lOrf., or 8 or -71 
 
 Con\-ict 2s. 2d. or 26d. or 5 or -46 
 
 To find the amount repaid by a Convict each day he is employed on the Works. 
 A Convict costs on an average, without the extra guarding required for the works, about Is. 8d. 
 per diem. (Appendix 9.) — The work he does each day is worth, at civilian rates, about Is. 7d. — (Ap- 
 pendix 1 to page 9G,) — iuid he costs for extra supervision Gd. per diem. Suppo.sing him to be em- 
 ployed on a casemated fort, we know that the value of the labour, civilian rates, is 31 per cent., and 
 the contractor's profit is 13 per cent, of the whole value of the work. The convict keeps the plant 
 three times longer in use, and it costs, therefore, 9 instead of 3 per cent. ; he loses, therefore, on it 
 C per cent. The value of the work done is, at civilian rates, Is. per diem, therefore the contractor's 
 profit would be Jf X Is. 7d. = 8. 
 
 The convict would clear per diem, therefore, as follows : — 
 
 ». d. 
 
 He does Is. 7d. worth of work for Gd., saving 1 1 
 
 He clears the Contractor's profit, 13 per cent 8 
 
 1 9 
 
 He loses on the plant, 6 per cent 3^ 
 
 That is, he clears Is. 5Jd. per diem, out of Is. 8d. his daily cost to the country. But as the Depart- 
 ment emplojing him pays nothing at all for him, he clears for the Department as follows : — 
 
 s. d. 
 
 lie does Is. Id. worth of work for nothing 1 7 
 
 He saves the Contractor's profit 13 per cent 8 
 
 2 3 
 
 He loses on plant G per cent 3^ 
 
 He clears for the Department 1 llj 
 
 statement shewing the Value of the Work done in a Day of seven Hours by a 
 Working Party of Convicts. 
 
 Trade 
 
 Carpenters , 
 Masons . . . 
 Bricklayers 
 
 Smiths 
 
 Painters ... 
 Labourers 
 
 No. 
 
 125 
 
 Value of 
 
 work done 
 
 per man in 
 
 7 hours 
 
 Total value 
 of work done, 
 estimated at 
 civilian rates 
 
 , 8i 
 
 I 
 
 No piece-work
 
 XIX 
 
 Tliis estimate of the value of work done per diem by convicts differs from others that have been 
 made, and must be taken simply as an opinion founded upon observation and measurements on work 
 done by convicts, and upon information received from men of great experience in convict labour. 
 
 The amount of work done will no doubt vary materially with the state of discipline of a par- 
 ticular prison, the nature of work, climate, &c. 
 
 Tahle shewing how the probable proportions of expenditure on different ivorks carried 
 out hy Convict labour. 
 
 Casemated work, bricks and stone 
 purchased 
 
 Casemated work, bricks made and 
 stone quarried on the spot . . . 
 
 Brickwork in thick walls. Bricks 
 purchased 
 
 Quarrying ., 
 
 Making bricks 
 
 Stone wall 8 feet thick, heavy 
 stones requiring gantry 
 
 Carpenters' work 
 
 Casemated fort, — labour costing 
 twice what it does in England, 
 — bricks and stone purchased 
 
 Casemated fort, — labour costing 
 three times what it does in 
 England,— bricks and stone 
 purchased 
 
 Earthwork, digging and wheel- 
 ing 150 yards 
 
 46 
 
 IGl 
 
 64 
 
 11 
 
 35 
 
 43^ 
 
 36 
 
 M o o 
 <" rt-S 
 
 2! 
 
 261 
 
 35^ 
 
 21 
 
 444 
 
 30| 
 
 16i 
 
 45 
 
 42 s 
 
 55i 
 66i 
 
 100 
 100 
 100 
 100 
 100 
 100 
 100 
 
 100 
 100 
 
 
 40 
 
 54 
 
 28 
 
 66 
 
 44 
 
 31| 
 
 60 
 
 Kemarks
 
 PUNISHMENT OF CI^IMINALS. 
 
 A PLEASING and interesting chapter in tho 
 story of social progress i9^ furnished iu the 
 report to Parliament by the Directors of Convict 
 Prisons. One class of the community appears 
 to be dwindling in numbers with surprising 
 rapidity — the occupants of the convicts' cells. 
 At the present moment the number of persons 
 in custody in England and Wales, under 
 sentences of penal servitude, is the smallest on 
 record. Twenty years ago, with a population of 
 almost seven millions less than that of to-day, our 
 penal servitude convicts numbered 11,600. 
 To-day, the number is about one half of this — 
 5944. Between March 1884 and July 1890 
 — a period, roughly speaking, of only six 
 years — the convict prison populatipn decreased 
 by 4000 persons, or by no fewer than 600 
 (persons per annum ; and last year the number 
 I of penal servitude sentences was, with one excep- 
 tion, lower than in any previous year in our 
 history. These facts are the more important 
 when it is remembered that the decrease of the 
 convict prison population has not been accom- 
 panied by any increase in the number of those 
 who occupy the ordinary prisons. Crime, un- 
 happily, is and will be long with us, and the 
 records of the con\'ict3 tell only too plainly of 
 the frequent recurrence of cases of serious 
 crime. But a vast improvement has taken 
 place during the past twenty years ; and 
 if the prison records of that period 
 may be accepted fiS an indication 
 of the future, the prospect is most 
 hopeful and encouraging. It is interesting to 
 note that fluctuations in the number of convic- 
 tions for serious crime have invariably corres- 
 ponded with fluctuations in the number of adult 
 paupers. Paupe ri sm and crime go band in 
 hand, and the most recent returns of the 
 former are as satisfactory and promising as are 
 those of the latter. 
 
 The rapidly diminishing record of serious 
 crime h?.r= compelled the directors of Con- 
 vict Prisons again to discuss the 
 desirableness of making one alteration 
 in the criminal law. At present the 
 thaximura sentence of imprisonment is two; 
 years, and the minimum sentence of penal 
 servitude is five years. No intermediate 
 sentence is allov/ed. The Directors certainly 
 make out a strong case for an immediate change 
 I in the law. It may be said that their whole 
 I argument tends to show that extreme rigour 
 in punishing crime has never been followed 
 ! by beneficial results, and that im- 
 ' provement in our criminal statistics has 
 I grown concurrently with the passing of less 
 
 severe sentences — -with tho tempering 
 mercy with justice. The Directors atroi 
 urge that .sentences of three and four y< 
 penal servitude bo reintroduced, on the gen 
 principle that conditions have wholly ■'^'• 
 since 18G3; that the Prevention of Crin 
 1871, which allows of police supervisio 
 the expiry of a sentence, supplies the re 
 for the safety of society which transports 
 and long sentences used to supply ; 
 that the punishments which ifc is m 
 sary to inflict should not subject those 
 whom they are imposed to any greater am 
 of misery, discomfort, and degradation th: 
 required to effect the object in view, ^ 
 proceed in a commendably sympathetic 8{ 
 ' ' The family of a prisoner, though innot 
 sufi^er as well as he ; the disgrace affects tl 
 perhaps, more than hiin, and they are subjc 
 to discomfort, arising from being deprived o; 
 advantages of his labour and pitotectipn. Ii 
 be admitted, then, that every year to wh; 
 prisoner is sentenced beyond the necessii 
 the case entails much unjustifiahje suffering, 
 those who assign the periods of sentences v 
 are intended to cure moral maladies shouk 
 be fettered by a rule which absolutely foji 
 tho adoption, under any circumstances 
 (pertain particular periods, any naore thi 
 physician should be precluded from adinio. 
 ing his dose for the care o| physical mala<; 
 There is the pecuniary consideration also. 
 Directors calculate that if only 300 of 
 prisoners who are now sentenced to five 
 received sentences of foqr years or three 
 in equal proportions, the prison popul 
 would ultimately be reduced by 450 prise 
 " and, putting the saving at £25 per head 
 public wouldbe relieved totheamountof £1} 
 per annum." No doubt all this will recQi* 
 it deserves, attention in the proper quartei 
 is a favourable sign of the times to find f 
 officials coming forward as the advocates ol 
 greater consideration than thb supn 
 humane age has adopted in the punishin 
 our criminals, yc^ftlrtu- ^^m- £^X'*l~*\\*
 
 A PRISON FAKM. 
 
 journal of the Royal AtfricuUiiraJ Sodety 
 I relnarkably interesting sketch or the Dart- 
 ison Farm, Prince Town, 
 irm. whicli now comprises 2000 acres, was, 
 to 1850, entirely unenclosed waste land. Aft 
 3 the Dartmoor Prison was converted into a 
 iettlement, and the work of reclaiming tha 
 is at once begun, and has ever since been con- 
 fer the past few years at the rate of twenty- 
 s annually— by convict labour. , , . 
 
 ind is divided into square fields of about) 
 Msres each, which are enclosed by high stone 
 it were constructed by convict hands from 
 md other boulders found scattered about in 
 3f the farm. Thirty acres of this prison farm 
 ,ted to the growth of garden vegetables, and 
 under is laid down to permanent grass, or puO 
 a short course of cropping, with a view to 
 timately fitted for good lea or meadow land, 
 is a dairy herd of forty-five cows, from which 
 alves are reared, four hundred sheep are also 
 ivty-five pony mares with their foals, a stud of 
 ebrated pony stallions, and seventeen Ciydes« 
 res and foals. The entire labour of the farm, 
 artiug, for which tha Clydesdales are utilised, 
 by the convicts, who work in gangs of ten, with 
 r for each gang. Sometimes tea or twelve 
 dtk together "in one field, digging, hoein;?, &c., 
 le charge of the warders, and surrounded by 
 cordon of guards, with loaded rifles, to preventi 
 Most of the produce is consumed m the prison 
 ament, the rest is sold ofi either to residents m 
 lipr to Plymouth. wJg^^iSre^w^^ ^<^^^ 
 

 
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