From the same authentic Documents, (pages 115, 116,) it appears, that of these Convicts, the following numbers will be discharged upon Society in the succeeding 13 years:[144]

RECAPITULATION.

In the same authentic Documents, namely the Appendix (L. 1 & 2) page 103 of the 28th Report of the Select Committee on Finance, a Statement is given of the Expence which has been incurred by Government, "for or in respect of the Conviction, Confinement, and Maintenance of Convicts, from the 1st January, 1775, to the year ending the 31st December, 1797," of which the following is an abstract:

The Contractors for the Convicts at Woolwich and Langston Harbour, (as appear from documents laid before the House of Commons) entered into an agreement with the Lords of the Treasury obliging themselves for the consideration of 1s. 3d. per day, (being 22l. 16s. 3d. a year for each Convict,) to provide at their own cost or charge, one or more Hulks, to keep the same in proper repair, to provide proper Ship's Companies for the safe Custody of such Convicts; and sufficient meat, drink, clothing and medical assistance, for the Convicts; as also to sustain all other charges (excepting the expence of the Chaplain, Coroner, and bounties to discharged Convicts;[145]) obeying, at the same time, all the orders of his Majesty's Principal Secretary of State for the Home Department, respecting the Convicts. A subsequent contract was made at 14½d. which reduced the expence to 22l. 1s. 0½d. per man: and which is the allowance made to the present Contractors.

The terms of these contracts appear to be as favourable for Government as could reasonably be expected, under all circumstances; and it would appear, that some advantages are reaped by the Public, as the documents laid before the House of Commons in 1792 and 1798, shew that the labour performed by the Convicts is productive in a certain degree.—The following Statements explain how their labour is valued:—

It appears from the 28th Report of the Select Committee on Finance, Appendix, No. 7 and 8—

Upon this last statement the Select Committee on Finance (whose various elaborate Reports on the State of the Nation, do them immortal honour as Patriots and Legislators) very justly observe, that it is extremely difficult to calculate the value of labour, performed under such circumstances, with any degree of accuracy; and after several views of the subject a conclusion is drawn, that the net expence to the Public, for the maintenance of 1402 convicts in 1797, after deducting the estimated value of labour, amounted to 20,878l. 14s. 10½d. being at the rate of 14l. 17s. 9½d. per man.

It appears, however, that out of the whole number of 1402 maintained in 1797, only 1030 were actually employed. The labour of the remaining 370 was, therefore, in a great measure, lost to the Community.

At any rate, the value of this species of labour must be precarious, and the advantages resulting from it problematical.

Since the mere "possession of so many idle hands will sometimes be a temptation to engage in works, which but for this inducement, would not recommend themselves by their intrinsic utility."[146]

While it is admitted, that considerable improvements have been made with regard to the reduction of the expence; that provision has also been made for religious and moral instruction, by established salaries to chaplains;—and that the contractors have honourably performed their part of the undertaking; it is much to be lamented, that this experiment has not been attended with more beneficial consequences to the Public; not only in rendering the labour of the convicts productive in a greater degree, so as at least to be equal to the expence; but also in amending the morals of these miserable out-casts; so that on their return to Society, they might, in some respect, atone for the errors of their former lives, by a course of honest industry, useful to themselves and to their country. On the contrary, experience has shewn, that although an expence exceeding 623,000l. has been incurred by Government in the course of 22 years, most of them, instead of profitting by the punishment they have suffered (forgetting they were under sentence of death, and undismayed by the dangers they have escaped) immediately rush into the same course of depredation and warfare upon the public: nay, so hardened and determined in this respect have some of them been, as even to make proposals to their old friends, the Receivers, previous to the period of their discharge, to purchase their newly acquired plunder. It has already been shewn, that those few also, who are less depraved, and perhaps disposed to amend their conduct, can find no resource for labour; and are thus, too frequently, compelled, by dire necessity, to herd with their former associates in iniquity, and it is much to be feared, that the chief part of the multitudes, who have been periodically discharged, have either suffered for new offences, or are actually at present afflicting Society by reiterated depredations.[147]

After maturely considering the enormous expence, and the total inefficacy of the System of the Hulks, aided by the new lights which have been thrown upon the subject by the important documents called for by the Select Committee on Finance, it appears clear to demonstration, that it would be for the interest of the Country to abandon the present System; and the Author heartily joins in the opinion expressed by those respectable members of the Legislature,—"That our principal places of Confinement, and modes of Punishment, so far from the Conversion and Reformation of the Criminal, tend to send him forth at the expiration of the period of his imprisonment more confirmed in vice; and that the general tendency of our œconomical arrangements upon this subject, is ill calculated to meet the accumulating burdens, which are the infallible result of so much error in the System of Police."

Having thus explained the nature and effect of the punishment inflicted on convicts, through the medium of the Hulks, and also the expence attending these establishments; it will be necessary in the next place, to examine the authentic documents, as they relate to the transportation of Felons to New South Wales.

From the Appendix, page 122, of the 28th Report of the Select Committee on Finance, printed the 26th of June 1798, it appears that the number of Convicts sent to New South Wales and Norfolk Island[148] from the year 1787 to the year 1797 inclusive, stood thus:—

It appears also from another document in the same Report (being the last return of Convicts in the two Settlements) that their numbers stood as stated in the following Table,—

The diminution of Convicts from 5858 to 3809 is to be accounted for, by a certain proportion leaving the Settlement after the expiration of their time, and also by deaths,[149] which in the natural course of things must be expected.

In resorting to this mode of disposing of Convicts, which at the time must be considered as a choice of difficulties, a very large sum of money has been expended.—Certainly much more than could have been foreseen at the commencement: Since it appears from the 28th Report of the Select Committee on Finance, who certainly have bestowed infinite pains in the investigation, that the total amount exceeds One Million Sterling, as will be seen from the following Statement, extracted from page 120 of that 28th Report, viz:

Disbursed for 5858 Convicts including 93 Children, transported
to New South Wales

Specification of the heads of Expences above stated—

Thus it appears, that in executing the sentence of the Law on 5765 Convicts more than One Million Sterling has been expended, nearly equal to 180l. for each Convict, exclusive of the expence incurred by the Counties, and by Government in the maintenance at home; and without taking into the account the very considerable charge, which must have been borne by the private Prosecutors in bringing these Offenders to Justice.

The Select Committee in their laborious investigation of the effects of this System, very justly observe, "that the numbers of the Convicts do not appear to have kept pace with the increase of the expence."—They proceed to state (page 27 of the Report) "that after a trial of twelve years, it seems not too early to inquire whether the peculiar advantages likely to arise from this plan are such as may be considered as compensating for its probable expence. The security held out by the difficulty of return on the part of the convicts is the only advantage that strikes the eye: but the nature of this advantage, the amount of it, and the certainty of it, seem not altogether undeserving of inquiry; nor whether a security of the same sort more at command, and more to be depended on, might not be purchased on less exceptionable terms. It may be also worthy of inquiry (add the Committee) whether the advantages looked for, from this establishment may not be dependent on its weakness? and whether as it grows less disadvantageous in point of finance, it will not be apt to grow less advantageous in the character of an instrument of Police? The more thriving the Settlement the more frequented: The more frequented the less difficulty of return.—The more thriving too the less terrible. To persons in some circumstances;—to persons who otherwise would have been disposed to emigrate, it may loose its terrors altogether, especially if by money or other means the servitude be avoidable. This inconvenience had already become sensible in the instance of the comparatively old planted Colonies. Many, though innocent, went thither voluntarily, even at the price of servitude, while others under the notion of punishment, were sent thither for their crimes; so that while to some the emigration remains a punishment, to others it may become an adventure; but a punishment should be the same thing to all persons, and at all times."

Contingencies, the Committee remark, may diminish the utility of the Establishment, or may increase the expence. "Bad seasons, and the destruction of the vegetable part of the stock of food: Mortality among the as yet scanty stock of cattle.[150] Mischief from the natives,—from insurrection among the convicts, or from the enemy.

"Here, as at Sierra Leone, malice may produce an expedition of devastation. The illusions to which the spirit of rapine is so much exposed may give birth to an enterprize of depredation; apprehensions of any such event entertained here would necessarily give birth to preparations of defence. The apprehensions may be well or ill grounded—the measures taken for defence successful or unsuccessful; but the expence in the mean time is incurred. The distance is unexampled, and all danger as well as all expence swells in proportion to the distance: these topics appear to merit consideration.

"Another circumstance is, that the labour of the whole number of persons sent to these colonies, whether as Convicts or Settlers, is entirely lost to the Country, nor can any return, to compensate such a loss, be expected till that very distant day, when the improved state of the Colony may, by possibility, begin to repay a part of the advance, by the benefits of its trade.

"Supposing abundance established, and remaining for ever without disturbance, it may be deserving of consideration, in what shape and in what degree, and with what degree of assurance, Government, in point of Finance, is likely to profit by the abundance: for the stock of the individuals, which each individual will consume, lay up or sell, is on his own account; is not the Stock of Government. The saving to Government depends upon the probity and zeal, and intelligence of the Bailiffs in Husbandry, acting without personal interest in the concern at that immense distance."

After opinions so decided, the result of an inquiry, aided by extensive information, and conducted by men of talents and judgment, it would ill become the Author of this Work to offer (if he could suggest,) additional arguments to prove the disadvantages which have attended, and which are likely to attend the transportation of Convicts to New South Wales. Although with regard to mere subsistence, there may be a prospect (and it is yet a distant one), of the Colony becoming independent of supplies from this Country; yet with respect to most other articles its wants will experience no diminution, and having once engaged in the project, humanity requires that the Settlement should be supplied at the expence of the Nation.

When the measure of establishing this Colony was adopted, a hope was probably entertained that while the great difficulty and expence of the passage home, joined to the fertility of the soil and the salubrity of the climate, might induce convicts to remain after the expiration of the period specified in their sentence, so as not to become offensive again to their native Country; the removal to an unknown region, inhabited by Savages, and situated at such a remote distance from Great Britain would exhibit this species of punishment in so terrific a light as to operate powerfully in preventing crimes.

Experience, however, has shewn that this salutary effect has not been produced, and that crimes are not to be diminished by the dread of punishment in any shape. This great desideratum is only to be attained by a well-regulated Police, calculated to destroy the sources from whence evil propensities spring, and to remove the facilities by which criminality is nourished and assisted.

Under the present circumstances, where the mind continues depraved, and where the harvest is so prolific, it ceases to be a matter of wonder that a considerable proportion of the convicts transported to New South Wales, have found their way back to their native Country;—and that not a few of them have again afflicted Society by renewing their depredations on the Public.—It is, indeed, lamentable to reflect, that after the extreme labour which has been bestowed, and the unparalleled expence which has been incurred, no effect whatsoever favourable to the interest of the Community, or to the security of innocence, has been produced. Looking back to the period when Government was relieved of the expence of Convicts, almost of every description under sentence of Transportation, and reflecting on the enormous expence which has been incurred since the channel of disposal, through the medium of the late American Colonies, has been shut up; considering that within the short period of twenty-five years no less a sum than 1,663,974l.[151] has been expended in transporting and maintaining about 15,000 Convicts, which would have cost nothing under the old System;—it cannot be sufficiently lamented, that so liberal a provision had not been employed in establishing Systems of Prevention. One fourth part of this enormous sum expended in a proper establishment of Preventive Police, would probably have rendered transportation and punishment in a considerable degree unnecessary, while the Country would have benefitted by the industry of a large proportion of these outcasts, who would then have been compelled to earn an honest livelihood by their labour.

Deploring the mass of turpitude which has drawn from the resources of the Country so enormous a portion of wealth, it is no little consolation to be able to look forward to a measure recommended by the Select Committee, and in the train of being adopted by Government, which holds out so fair a prospect not only of gradually diminishing this expence in future, but also of rendering the labour of Convicts productive, and of securing the Public against the repetition of those depredations which have been rather increased than prevented, by the System of punishments which have been heretofore adopted.

The advantages in contemplation are to be attained by carrying into effect a proposal for a new and less expensive mode of employing and reforming Convicts, which has been offered to the consideration of Government by Jeremy Bentham, Esq. and which appears to have been fully investigated by the Finance Committee, who state it (p. 20, of Report 28,) "to be no small recommendation to the plan, that the Contractor proposes to employ the prisoners on his own account, receiving a proportionally smaller sum from the Public for their maintenance.—That the great and important advantages which distinguish that plan from any other which has been hitherto suggested, consist in the certain employment and industrious livelihood which it insures to those whose terms of confinement are expired. In the responsibility which the Contractor proposes to take upon himself, for the future good behaviour of Criminals entrusted to his care, even when they shall be no longer under his control: in the publicity which is meant to be given to the whole conduct and effect of the Establishment, moral, medical, and œconomical, as well by an annual report of the state and proceedings, as by the constant facility of inspection, which will in an unusual manner be afforded by the very form and construction of the building, upon which the prompt and easy exercise of the superintending power of the Governor himself principally depends."

These advantages appear to the Committee of more importance, when the periods of the enlargement of the several Convicts now on board the Hulks are taken into consideration. The pernicious effects produced upon the unfortunate persons confined in these seminaries of vice; and the circumstance of 1411 destined to be enlarged in the course of 7 years, to afflict the Society from which they have been separated—the Committee consider as deserving of very serious consideration: and they conclude their view of the subject by expressing, an uncommon degree of solicitude, that no delay should take place in the execution of the contract with Mr. Bentham, "because it would deprive the Public for a longer time of the benefits of a plan, which they cannot but look to as likely to be productive of the most essential advantage, both in point of œconomy and Police."

The object in view is by the aid of ingenious machinery, to render the labour of every class of Convicts so productive to the Contractor, as to admit of their being maintained at 25 per cent. less than the expence incurred on board the Hulks; while a rational prospect is held out of reforming these Convicts and returning them upon Society, not only with purer morals, but with the knowledge of some trade or occupation by which they may afterwards earn their bread;—but this is not all.—The proposer of this important design insures to the Convicts, after the expiration of their time, the means of obtaining a livelihood; by setting up a Subsidiary Establishment, into which all who found themselves otherwise destitute of employment would be admitted, and where they would be continued in the exercise of the trades in which they were employed during their confinement.

It is, however, impossible to do justice to the merit of this Proposal, without laying it wholly before the Public. It seems to embrace every object calculated to remove the errors and difficulties of the present System, while it promises in a short time to relieve the Finances of the Country from the enormous and unparalleled expence which is incurred by the Establishment of the Hulks, and by Transportation to New South Wales.

PROPOSAL

FOR A NEW AND LESS EXPENSIVE MODE OF

EMPLOYING AND REFORMING CONVICTS.

The Author, having turned his thoughts to the Penitentiary System from its first origin, and having lately contrived a Building in which any number of persons may be kept within the reach of being inspected during every moment of their lives, and having made out, as he flatters himself, to demonstration, that the only eligible mode of managing an Establishment of such a nature, in a Building of such a construction, would be by Contract, has been induced to make public the following Proposal for Maintaining and Employing Convicts in general, or such of them as would otherwise be confined on board the Hulks, for 25 per cent. less than it costs Government to maintain them there at present; deducting also the average value of the work at present performed by them for the Public: upon the terms of his receiving the produce of their labour, taking on himself the whole expence of the BUILDING, fitting up and stocking,[152] without any advance to be made by Government for that purpose, requiring only that the abatement and deduction above-mentioned shall be suspended for the first year.

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

Such are the methods that have occurred to him for accomplishing that identification of "interest with duty," the effectuating of which, in the person of the Governour, is declared to be one of the leading objects of the Penitentiary Act.—[19 Geo. III. ch. 74.]

The station of Gaoler is not in common account a very elevated one: the addition of Contractor has not much tendency to raise it. He little dreamt, when he first launched into the subject, that he was to become a suitor, and perhaps in vain, for such an office. But inventions unpractised might be in want of the inventor: and a situation, thus clipped of emoluments, while it was loaded with obligations, might be in want of candidates. Penetrated, therefore, with the importance of the end, he would not suffer himself to see any thing unpleasant or discreditable in the means.

Outline of the Plan of Construction alluded to in the above Proposal.

The Building circular—about the size of Ranelagh—The Prisoners in their Cells, occupying the Circumference—The Officers, (Governor, Chaplain, Surgeon, &c.) the Centre.

By Blinds, and other contrivances, the Inspectors concealed (except in as far as they think fit to show themselves) from the observation of the Prisoners: hence the sentiment of a sort of invisible omnipresence.—The whole circuit reviewable with little, or, if necessary, without any change of place.

One Station in the Inspection-Part affording the most perfect view of every Cell, and every part of every Cell, unless where a screen is thought fit occasionally and purposely to be interposed.