By the Act of 30 George III. cap. 47, the Governor of the Settlement may remit the punishment of offenders there: and on a certificate from him their names shall be inserted in the next General Pardon.

Under these various legislative regulations, the two Systems of Punishment, namely, the _Hulks_ and _Transportation_ to New South Wales, have been authorized and carried into execution.

The System of the Hulks commenced on the 12th day of July, in the year 1776; and from that time until the 12th of December 1795, comprehending a period of nineteen years, 7999 Convicts were ordered to be punished by hard labour on the river Thames, and Langston and Portsmouth harbours, which are accounted for in the following manner:

1. Convicts ordered to hard labour on the River Thames, from 12th July 1776, to the 12th January, 1778 2024

2. Convicts, _under sentence of Transportation_, put on board the Hulks on the River Thames, from 11th January, 1783, to 12th December, 1795 4775

3. _Deduct_, under sentence of Transportation, put on board the Hulks in Langston and Portsmouth Harbours, received from the Hulks at Woolwich, on the 20th of June, 1791 466 ---- 4309

Additional Convicts sent from different prisons to Portsmouth and Langston from 1791, to 1st December, 1795 1200

To which, add those from Woolwich as above 466 ---- 1666 ---- Total 7999 Of the above convicts there have been Discharged 1610 Pardoned 790 Escaped 130 ---- 2530 Removed to other Gaols 17 Transported to New South Wales 2207 Died[143] 1946 ---- 6700

And there remain in the Hulks on the Thames 523

And at Langston Harbour 776 ---- 1299 Total as above 7999

[Footnote 143: A malignant fever, at one period, carried off a vast number, in spite of every effort to prevent it.]

By a subsequent account laid before the Select Committee of the House of Commons on Finance, and stated in Appendix, M. of their 28th Report, dated the 26th of June, 1798, it appears that the number of Convicts stood thus:

In the Hulks on the Thames, at Woolwich 501 At Portsmouth 948 ---- Total 1449

Besides 415 under Sentence of Transportation in the different Gaols, making in all 1864.

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

Portsmouth. Woolwich.

In 1800 140 115 1801 106 43 1802 127 26 1803 107 46 1804 149 77 1805 33 3 1806 1 1 1807 1 1 1808 1 1 1809 1 0 1810 1 0 1811 10 4 1812 1 0 --- 678 --- 317 For life 76 22

[Footnote 144: See page 98 of this volume, for an Account of the Convicts enlarged the preceding eight years,

in all 1383 To be discharged as above 995 ---- Total 2378]

RECAPITULATION.

Convicts discharged from the Hulks, from 1792 to 1799 inclusive (_See page 98 of this Treatise_) 1383

To be discharged from the Hulks at Langston chiefly in 6 years 678

From Woolwich, chiefly within the same period 317 ---- Total 2378

In the same authentic Doc.u.ments, 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:

1 Jan. 1775 to 1 Jan. 1776 paid at the Exchequer .8,660 0 0 -- 1776 -- 1777 -- 7,950 16 10 -- 1777 -- 1778 -- 13,676 14 5 -- 1778 -- 1779 -- 17,939 18 0 -- 1779 -- 1780 -- 22,292 11 1-1/2 -- 1780 -- 1781 -- 21,034 0 1-1/2 -- 1781 -- 1782 -- 18,686 19 0 -- 1782 -- 1783 -- 22,320 10 9 -- 1783 -- 1784 -- 17,669 3 11 -- 1784 -- 1785 -- 31,555 18 11 -- 1785 -- 1786 -- 32,343 17 7 -- to 7 March 1786 -- 9,353 17 0

To 31 December 1786 22,282 18 4 1787 33,927 9 7 1788 34,059 14 8 1789 62,656 15 5 1790 46,865 4 6 1791 43,840 9 0 1792 22,300 12 7 1793 25,403 16 0 1794 25,751 3 7-1/2 1795 14,195 7 4-1/2 1796 36,174 7 9 1797 } { 19,506 15 11 1797 } { 12,574 0 0 --------------- Total Expence of Convicts in the } Hulks, from the Commencement } .623,022 14 5 of the System to 1 January 1798 }

The Contractors for the Convicts at Woolwich and Langston Harbour, (as appear from doc.u.ments 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 22_l._ 16_s._ 3_d._ 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 a.s.sistance_, 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 Princ.i.p.al Secretary of State for the Home Department, respecting the Convicts. A subsequent contract was made at 14-1/2_d._ which reduced the expence to 22_l._ 1_s._ 0-1/2_d._ per man: and which is the allowance made to the present Contractors.

[Footnote 145: This expence, by an account laid before the House of Commons, for one Year, ending the 15th Feb. 1792, appears to be--

Expence of Chaplain, Coroner, and Bounties for Convicts at Woolwich .221 17 4

At Langston and Portsmouth Harbours 153 19 8 --------- Total .375 17 0]

The terms of these contracts appear to be as favourable for Government as could reasonably be expected, under all circ.u.mstances; and it would appear, that some advantages are reaped by the Public, as the doc.u.ments 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:--

From the 1st of January 1789 to the 1st of January 1792, it appears that 653,432 days'

work had been performed at Langston Harbour, Portsmouth, and Woolwich Warren; which being estimated at 9_d._ a day, is .24,503 14 0

and

From the 1st of January 1789 to the 1st of January 1792, it also appears that 260,440 days' work had been performed at the Dock yard at Woolwich; which being partly performed by artificers in a more productive species of labour, is estimated at 1_s._ a day 13,022 0 0 ------------- Total value of Convicts' labour in 3 years .37,525 14 0

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

That the work done by Convicts confined on board the Hulks in Langston Harbour, during the year 1797, was performed by about 421 convicts upon a daily average, and computing the labour of each artificer at 19_l._ 8_s._ 9_d._ per annum, and each labourer at 11_l._ 13_s._ 3_d._ it will amount to .5,997 18 3

The work performed in the same year by about 250 convicts, confined on board the Hulks at Portsmouth, computed as above will amount to 3,226 15 0 -------------- 9,224 13 3

From which is to be deducted, to make the amount correspond with the valuation made by the Ordnance Board 1,440 5 3 -------------- .7,784 8 0

The work done by convicts, confined on board the _Prudentia_ and _Stanislaus_ Hulks at Woolwich Dock-yards and Warren, performed by 359 convicts, rated at 1_s._ and 1_s._ 2_d._ for labourers, and 1_s._ 5_d._ per day for artificers, is calculated to amount to 6,578 4 7 --------------- .14,362 12 7

Deduct allowances made, and articles supplied, by the Board of Ordnance 1,498 14 10-1/2 ------------------- Total Estimate of the value of the labour of Convicts in 1797 .12,863 17 8-1/2 -------------------

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 circ.u.mstances, 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 20,878_l._ 14_s._ 10-1/2_d._ being at the rate of 14_l._ 17_s._ 9-1/2_d._ 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]

[Footnote 146: See 28th Report of Finance Committee, page 17.]

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 623,000_l._ 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 a.s.sociates in iniquity, and it is much to be feared, that the chief part of the mult.i.tudes, who have been periodically discharged, have either suffered for new offences, or are actually at present afflicting Society by reiterated depredations.[147]

[Footnote 147: See the Examination of the Author before the Select Committee of the House of Commons.]

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 doc.u.ments 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 princ.i.p.al 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 oeconomical arrangements upon this subject, is ill calculated to meet the acc.u.mulating 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 doc.u.ments, 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]