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pecting honest men, from whose associa- send them to the provisions, as Madagastions much good might arise; but it should car was a place infinitely more eligible for be reversed when applied to the dishonest. a settlement, abounding not only in corn The association of the bad must produce and cattle, but in various natural proevil. “ Separate and reform," is the ductions most serviceable in trade and maxim to be attended to in the manage manufactures. Sir Charles thought of the ment of thieves. But though a friend to inferior delinquents, whom the laws deemproper separation and seclusion, he disap- ed corrigible, and sentenced for the proved of long confinement in solitary limited term of seven years, the very old, cells, which, he feared, had too often been the very young, the crippled, the infirm, inflicted even for slight offences, since the and the penitent, might be usefully em31st Geo. 3d, for the better regulating of ployed in that labour best suited to their prisons, which carried the power of the capacities in a well-regulated penitentiary penitentiary act into general use, and gave house, and by proper care and discipline to all magistrates the power of punishing their morals might be amended, and their all offences within their cognizance by so- bad habits reformed. The propriety of litary imprisonment; a punishment which this mode of treatment he thought himself by the former act of the 19th Geo. 3d was justified in recommending, as it had not restrieted to the judges of assizes, and to only received the repeated sanction of offenders guilty of crimes of such magni- both Houses of parliament, but in those tude as were usually doomed to transpor- counties where, by the liberality of the tation. This act of the 31st, therefore, inhabitants, and the laudable zeal and atought to have been accompanied by a re- tention of the magistrates, the prisons had visal of our code of penal law: for since been so constructed and regulated as to try the penalty of imprisonment was greatly its operation, the most beneficial effects increased by solitude, the duration of the bad resulted from it, and the great object term ought to be proportionably diminish, of all punishments in some degree attained, ed; and for trivial faults should be very many having been reformed, and many deshort. It was a strong and potent remedy; terred from the commission of crimes. and, like all strong remedies, should be The remainder of these criminals, if the administered with a cautious and discreet American States refused to receive them, hand; what was good for physic, was not he advised, should be sent to Hudson's Bay. good for food. On the whole, sir Charles When America refused to receive our conreprobated the practice of sending felons victs, penitentiary houses were proposed; sentenced to transportation for seven years, but in consequence of the great expense, to a barren spot in one of the remotest this scheme was not carried into execution. corners of the globe, at which, when they The next plan adopted, was that of send. arrived, after much trouble and expense, ing them to Botany Bay. After recountthey were to be preserved from perishing ing the miseries these unfortunate people by famine, by corn and meat sent from underwent in prison, on board the hulks, England; the precarious arrival of which and in their passage, in glowing colours, had subjected them to frequent alarms sir Charles proceeded to state the estiand distress. The colony, since its es- mate of the expense incurred by governtablishment in January 1788, had almost ment by their transportation. always been on a reduced ration; as go- lic since the establishment of the setvernor Phillip, though he thought the tlement, had paid 600,0001, There settlement, from the present state of its was a plan proposed, he said, by the in. cultivation, would soon be able to supply genious Mr. Jeremy Bentham, to baild itself with grain, recommended that a suf. penitentiary houses in a circular form, ficent quantity should be sent thither to which would facilitate the inspection, and serve till the year 1794. And as supplies thereby rendering the strength of the walls of beef and pork would be wanting for less necessary, would take away the only four or five years more, sir Charles advis. objection to them, viz. the expense, by ed the sending ships for those articles to reducing it to 25l. per cent. less than the the fruitful island of Madagascar, from hulks. Thus, well-regulated prisons, calwhence they might be procured at a much culated to reform offenders, and to convert cheaper rate than from great Britain. the dissolute and idle into good and inPerhaps, indeed, it would be wiser rather dustrious subjects, would be provided at a than to send provisions from hence to the cheaper rate than vessels in the Thames, hungry inhabitants of Sydney Cove, to in which, from the free and contagious in

The pubtercourse of the convicts, the most dan- punishment of convicts by imprisonment gerous combinations were formed, and in and hard labour on board of vessels in stead of being, as they ought to be, the river Thames and elsewhere, is renschools for reformation, they might, with dered unnecessary, and ought to be dismore propriety, be termed « schools for continued. instructing youth in the arts of robbery. 2. “ That the promiscuous confinement This observation applied still more for- of felons under sentence in Newgate, and cibly to their treatment in the unimproved other gaols destined for accused persons gaols, in which they were never allowed to only, and likewise on board of hulks for work, and on board the ships during several months until ships are ready for their passage to South Wales. Mr. their transportation, is impolitic, and proBentham proposed also a subordinate es: ductive of many evil consequences. tablishment, in which he would receive and 3. “ That a proper prison should be employ such as could not find employ- provided for the reception of such felons ment elsewhere, all those persons of blast- immediately after their conviction, with ed character, who, thouyli acquitted for working rooms for select companies, and want of legal proof, were thought to be separate apartments during the hours of guilty, and those the terms of whose sen. rest. tences were expired. This was an estab- 4.“ That the distance of the settlements lishment, which to the disgrace of the at Sidney Cove and Norfolk Island, the country, had long been wanted, and which length and peril of the voyage, the exmerited the warmest encouragement of pence of conveying and maintaining the government, as it tended to prevent crimes convicts when there, is so great, as to to which, he feared, many who now sought make it advisable to send thither only employment in vain were driven by neces- i such as shall be sentenced to transportasity. Sir Charles next proceeded to state : tion during their lives, or at least for the the mortality among the convicts during term of fourteen years. the voyage, and the expense.

He said, 5. “ That it is expedient, that inquiry the maintenance of each convict, during should be made whether the North Amethe two first years, cost the country 601. rican States would be inclined to receive a year, which was the salary of an excise- and employ, as heretofore, any, and what man, In speaking of the mortality, he number of convicted felons; and also, stated, that out of 500 passengers on whether a settlement might not be allotted board the Neptune, but 42 were able to to those under sentence of transportation crawl over the ship's side; the rest were car

for seven years

in

any other part of the ried, and eight out of every ten died at Sid. North American continent, or the adjacent ney Cove. The detail of the sufferings of islands, or elsewhere, to which they might these wretched convicts would be tedious be sent at a moderate expense, where the and painful ; suffice it to say, that by the soil is fertile, and where they might be depositions taken by the solicitor of the usefully employed in the fisheries and treasury, they were equal to any endured commerce, and thereby contribute to their in the slave ships. That in another in

own support, and the advantage of this stance, out of 1,863 on board the Queen country, and other transports in autumn 1791, 6. “ That to preserve those criminals 576 on landing were sent to the hospital. who may hereafter be transported from a Governor Phillip wished to punish the au- calamity similar to that which destroyed thor of these calamities, but doubted his the greater part of the unfortunate crew of power over offences committed on the the Neptune, and to rescue them from the high seas. It was necessary, therefore, dangers of foul air and famine, it seems that an admiralty court should be estab- expeclient to allow a space of at least two lished at Sydney Cove. Sir Charles con- tons for each person ; and that in addition cluded by moving the following Resolu- to the salutary regulations proposed by tions, on which he desired not an imme. Mr. Secretary Dundas, in his letter of diate decision, but left them for the consi- June 23, 1791, to the commissioners of deration of gentlemen, and particularly of the Treasury, a premium should be given his majesty's ministers, to whom the care to the contractors, on the arrival of every of felons, after conviction, devolved. felon in good health at the place of their

1. “ That by the general improvement destination; and likewise that all the prowhich has taken place in the gaols and visions on board of the ships hired to carry bridewells throughout the kingdom, the convicts, should be purchased for the

$

means.

service of government, and the surplus, at extirpation of his guiltless family. But the end of the voyage, be deposited in an approbation of that revolution went their storehouses."

still farther. It declared, that if, by any Mr. Martin approved highly of the re- means—by force or by fraud,by violence, solutions, which he hoped to see carried or by corruption-ifthese wholesome and into effect.

necessary constitutional provisions should Mr. Dundas complimented sir Charles by any means be taken away or frustrated, on his intentions, and said, he would the same objects would again justify the give every aid to carry such of the resolu- same national struggle, and the same extions into effect as met his approbation. tremities, unless they could be recovered From the latest accounts from Norfolk and reobtained by more gentle, more island, he had every reason to believe peaceful, and therefore more happy that it would soon grow sufficient corn

He asserted (and said he risked for the convicts and their families. He nothing by the assertion, for no man would would therefore move, not for the pur- be hardy enough to deny it, and he pledged pose of getting rid of the question, but to himself

to prove it in a committee of the consider the resolutions more maturely, House), that all that was valuable to the that the debate be adjourned to that day people of this country, all the provisions three months, which was agreed to by the which were stipulated to secure the peace House.

and prosperity, the individual liberty, and

bthe general property of the people of this Mr. Wharton's Motion respecting the land, had all been, since the Revolution, Provisions made by Parliament at the Revo. taken away. All. lution in 1688, &c.] Mr. Wharton rose to He must intreat the attention of the make his promised motion. We heard, House for a few moments, whilst he very he said, on every side, of the glorious Re- briefly brought back to their recollection volution in 1688, and of the constitution, what this country established by the Reas settled at the glorious Revolution. It volution. First to avoid all future mistake, was a note which he had always listened and that the contract between prince and to with pleasure, and he repeated it with people might be clearly understood, rapture. But what was the rational foun- the Revolutionists began by altering the dation of our satisfaction at the recollec. oaths of the contracting parties. They tion of the glorious Revolution? It as- altered the coronation oath for all fusuredly was not that the possession of the ture sovereigns in this realm, and they althrone, and the regular hereditary succes-tered the oath of allegiance for themselves sion to it, were at that time disturbed and and for all future subjects. They cut up interrupted, It was not that we expelled by the roots the damnable doctrine of pasone king and one family, and appointed sive obedience and non-resistance, by emanother king and another family in their phatically specifying and ordaining the room. The necessity of such changes following words of their former oath, ist was at all times to be deplored; and the Wm. and Mary, ch. 8, “ I declare that it events themselves could only be justified is not lawful, upon any pretence what. by the necessity. The only rational foun- ever to take arms against the king,” &c. dation of our approbation of that Revolu- should not from thenceforth be required tion must be, that at that time such prin- or enjoined. It was not so much to relieve ciples were confirmed, and such wise and the conscience of the subjects that these wholesome provisions made for our con- words of their former oath were selected, stitutional security and happiness, as recited, and abolished; for no oath of might prevent all future necessity for a slavery ever did, or ever will

, or ever Whoever approved ought to bind a nation or an individual. of that Revolution, declared at the same It was something worse than perjury or time, that the constitutional provisions sacrilege to keep an oath of slavery. This then obtained were wise and wholesome alteration was made to prevent the future provisions ; that they were worthy objects sovereigns of this country from being misof a national struggle ; that they not only led, as the four preceding sovereigns had justified resistance, but made it merito- been, to trust to a senseless superstition rious; and that they were cheaply pur- about royalty, which, though many persons chased at the price of all the blood that for their interests have professed, no man was shed upon the occasion, as well as the of common sense cver entertained. dethronement of a guilty king, and the Their next care was to provide for the [VOL. XXX. ]

(3 Q]

due administration of the executive power, independent of the crown, 12th of William and the responsibility of its confidential the Third, chap. 2. advisers. They therefore enacted, 12th Now, all these provisions (the objects Wm. 3. chap. 2, that “all matters and and consequences of the glorious Revothings relating to the well-governing of lution) would have no value; they would this kingdom, which are cognizable in the be nugatory and worthless; they would privy council, by the laws and customs of be a mockery: unless they went effecthis realm, shall be transacted there; and tually to obtain and secure to the people all resolutions taken thereupon shall be of this land these three important points: signed by such of the privy council as first, an honest and responsible exercise shall advise and consent to the same." of the executive authority: secondly, Thereby guarding, as far as laws could real, independent, and faithful represenguard, against that accursed engine of tatives of the Commons in parliament: despotism, a cabinet council, or that more thirdly, a fair and impartial administration accursed instrument, an interior cabinet. of justice in the courts of law. We had Their attention was next directed to the no predilection for any family whatever double representation of the people; the (except as connected with these objects), only possible security for all their other in the words of our ancestors at the time provisionstheir representatives in par- of the Revolution, did now again

" Claim liament, and their representatives in courts demand, and insist upon all those, as our of justice—the House of Commons and undoubted rights; the true, ancient, and juries. They passed over untouched, and indubitable rights and liberties of this left as they found them, the nobility and kingdom.” 1st. Wm. and Mary, ch. 2. the church; they were considering the If then, by various means, it had hapsolid and substantial parts of the constitu- pened (as he asserted, and undertook to tional edifice, and did not much concern prove in a committee of this House), that themselves about the gilding and the var- this provisional responsibility of the privy nish. They therefore proceeded to estab- council no longer remains; that the eleclish the principle of a fair, free, and fre- tion of the House of Commons is neither quent election of the representatives of fair, nor free, nor frequent ; that this the Commons in parliament, as might be provisional independence of its members seen by a reference to the acts passed in is gone, and that the House at present the 1st, 2nd and 3rd years of William and swarms “ with persons having offices and Mary. And having thus, as they imagin- places of profit under the king, and reed, provided for the real election of the ceiving pensions from the crown;" that representative body in parliament, they juries are not fairly and impartially taken ; secured the independence and integrity of that they do not act freely and without that body after its election, by enacting, influence ; that excessive bail may be, that “no person who has an office, or and has been, required; that excessive place of profit, under the king, or receives fines may be, and have been, imposed; a pension from the crown, shall be ca- that illegal and cruel punishments may pable of serving as a member of the House be, and have been, inflicted ; that the of Commons." 12th W. 3. ch. 2.

judges are not independent of the crown; Having thus secured the purity and in that pensions may, and have been, granted dependence of the people's representatives to some of them; and that lucrative offiin parliament, they proceeded to the ces may be, and have been, conferred other important branch of their represen- upon others; by which means it cannot tation by jury; and they decreed“ that be said that their salaries are ascertained juries should be fairly taken, without par- and established. If these facts were so, tiality; and should act freely, without in- | he held it to be the duty of all those who, fluence." Ist Wm. and Mary, ch. 2. They without hypocrisy, praised the Revolution, also decreed, that excessive bail should not to endeavour to return us again to our conbe required; that excessive fines should not stitutional situation at that period, and to be imposed; and that illegal and cruel pu- recover those lost or neglected provisions, nishments should not be inflicted; and to that so we might effectually secure to oursecure these objects, they ordained, that selves and our posterity, what our ancesthenceforward the judges commissions tors endeavoured at the Revolution to should be made, quam diu se bene gesserint; secure to themselves and to us. He conand that their salaries should be ascertained cluded with moving, “ That a committee and established; in order to make the judges be appointed to inquire whether any, and Yeas {Mr. Wharton

which of the provisions made by parlia-, of the other charges, till a considerable ment, in the reign of William and Mary, later period, probably not less than four and in the reign of William the third, for or five weeks from this time." securing the responsible exercise of the Mr. Townshend then moved, “ That a executive authority, for securing a real, message be sent to the Lords, acquainting independent, and faithful representation them with the reasons why this House of the Commons in parliament; and for cannot proceed on the trial of Warren securing a fair and impartial administra- Hastings, esq., at the time appointed ; tion of justice in the courts of law; whe- and to desire, that the same may be put ther any, and which of these have, by off to a farther day.” any means, been invalidated or taken Mr. Wigley opposed the motion, beaway: and to consider whether any, and cause, from the nature of the case, the which of those lost or invalidated provi- managers could not stand in need of ansions may be fit to be re-enacted and re- other week's delay to prepare themselves stored, in order that the people of this for a reply, on a subject with which they land may recover that situation and se. were so very intimately acquainted, parcurity in which they were placed by the ticularly the right hon. gentleman (Mr. glorious Revolution of 1688."

Burke) who was the soul of the impeachThe House divided:

ment. But if they could make any coTellers.

lourable pretence for delay respecting

some of the charges, there was none for Colonel Macleod } 11 delaying their reply to the Benares charge,

the defence to which had been closed by Captain Berkeley Noes Mr. Henry Hobart

71

Mr. Hastings thirteen months ago. Here

he stated the hardships suffered by the deSo it passed in the negative.

fendant in being kept so long upon his trial,

a trial which had already lasted six years, Debate in the Commons on the State of and which had been protracted to so unthe Impeachment against Mr. Hastings.] exampled a length, principally by the May 28. On the motion of Mr. Burke, managers, who had repeatedly offered a Committee was appointed to consider evidence to the court, which had been the State of the Impeachment against repeatedly rejected. He said, that out Mr. Hastings.

of 116 days, which the Lords had sat May 30. Mr. Charles Townshend made during the present trial, 74 had been the following Report from the said Com- Hastings had contrived to make his defence

consumed by the managers, whilst Mr. mittee :

in 42. “ Your Committee have made inquiry Mr. Fox said, that the learned gentleinto the matter referred to them, and find, man had opposed the motion upon fair from a consideration of the defendant's ground, namely, upon the ground of delay; case having been closed sooner than there that delay he had pretty plainly imputed was reason to expect, and of the time to the managers. The question, therewhich will be requisite for printing such fore, must be with regard to that learned part of the evidence as is not yet printed, gentleman's objections, whether the maas well as for copying out the speeches nagers had been guilty of any unnecessary of the counsel on the different charges, delay! First of all, he begged leave to that the managers can, in no case, be declare, that to his knowledge there had sufficiently prepared to begin their reply not been, on the part of the managers, at the time appointed by the Lords for any delay whatever. He did not say that further proceeding in the trial. That the there had not been delay somewhere, nor managers, waiving their right to make a that such delay might not have been negeneral opening (which they have in- cessary; all that he asserted was, that it formed your Committee they are ready to did not proceed in any one instance from do for the sake of dispatch, though it is the managers. Supposing, therefore, for not otherwise the most desirable mode of a moment that this was the case, which he conducting the cause) may be able to promised he should be able to prove, he begin their reply on the Benares charge would then ask, whether there was a man on the 12th of June, but that the neces in that House, or in the country, who sary materials will not be ready, so as to knew any thing of the nature of this proenable the managers to reply on any ceeding, who did not know that that

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