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Full text of "Panopticon; or, The inspection-house: containing the idea of a new principle of construction applicable to any sort of establishment, in which persons of any description are to be kept under inspection: and in particular to penitentiary-houses, prisons, houses of industry ... and schools: with a plan of management adapted to the principle: in a series of letters, written in the year 1787 .."

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PANOPTICON: 



POSTSCRIPT; 



PART IIj 



C01«TAITfIKG 



ji PLAN OF MANAGEMENT 



PANOPTICON 
PENITENTIARY-HOUSE. 



By JEHEMT BENTHAM, 

OF LINCOLN's-INN, ESQi 



LONDON: 

PRINTED YOR T. PAYNE, AT THE MEWS-GATE. 









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CONTENTS^ 

S25CTION 

I. Leading Pofitions. 

II. Management — in what Hands, and oa what 
Termr. 

III. Of Separation as between the S^xjCS* 

IV. Of Separation into- Companies and Clailcs* 
V. Employnaent.. 

VI. Diet. 

VII. Cloathing; 

VIII. Bedding. 

IX. Health and Ckanlinefik 

X. Airing and Exercife. 

XI. Schooling and'Sunday Employments 

XII. Of Ventilation, Shading and Cooling. 

XIII. Diftribution of Time. 

XIV. OfPunifhments. 

XV. Mode of Guarding on the Outfidc. 
XVI. Proviiion for liberated Prifonerst^ 



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.POSTSCRIPT.-^PART 11; 

Page Line 




»39 3 
340 II 
151 14 
181 13 
x86 21 
187 17 



For either a 

— proportionally 
■ count 

— fafeguard 
'•— Exciting 
■— Penitentiary 
— third 

to be current 
*— . any additions 
■' ftruck from off 

— 15,600 
— — be computed 

-— clafs to 
— — • There equal 
■ an abfolute 

— or had not 
— — into the Yards 
— — in this 

— - theme 



read 



*tRRATA, 

either 

proportionably 

account 

fafeguards 

in exciting 

a Penitentiary 

the third 

to be earned 

any addition 

ftruck off from 

n,eoo 

to be computed 

clafs 

Three equal 

on abfolute 

had not 

in the Yards 

on this 

their theme 



CORRIGENDUM. 



119 9 ■ ■ nine parts out (f . 
17 J in point of time, more 
than half, as we Aall fee, 
thrown away for the fake of 
getting ihc o;her eight of a 
bacd fort. ' 



> more than 5 parts out 
of 1 5 in point of timty 
more than one third, as 
we ihall fee, thrown 
away for the fake of 
getting the other 9 or i« 
ofahaidfort* 



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PANOPTICON. 



POSTSCRIPT. PART 11. 



PRINCIPLES 



PLAN OF MANAGEMENT. 



§1. LEADING POSITIONS. 

THIS furely is no place for any tKlng like a 
compleat and regular fyftem.of Prifon-ma- - 
nagement. Such an entcrprife would have been 
above my ftrength. It would have required, op- 
portunities which I Jiave not poffeffed, and time 
more than at prefent can be fpared. . 

A work of this kind is however flill to execute. 
Mr. Howard's publications pfefent no fuch work. 
They afford a rich fund of materials: but a quarry- 
is not a houfe. No leading principles r no 6rdfer: 

Part II. B no 



Or § I. Leading Pojitions. 

no connedtion. Rules, or hints for rules, in places 
which, unlefsby rea(Ung the book through again, 
you can never find a fecond time: recommen- 
dations, of which the reafon is not very appa- 
rent, and for which no reafon it given : fome per- 
haps for which no fufficient reaibn, if any, could 
be given. My venerable friend was much better 
employed than in arranging words and fentences. 
Inflead of doi^g what fo many could do if they 
would, what he did for the fervice of mankind was 
what fcarce any man could have done, and no 
man would do, but himfelf» In the fcale of moral 
defert, the labours of the legiflator and the writer 
are as fstr below bis, as earth is below hea- 
ven. His was the truly chriftian choiCe: the 
lot, in which is to be found the leaft of Aat 
which felfifh nature covets, and themoftofwhat 
it fhrinks from. His kingdom was of a better 
world : he died a martyr, after living an apoftle. 

To pleafe every body is acknowledged to be in 
no inftance a very cafy talk. There are perhaps 
few inftances in which it is lefe fo than this of pe- 
nitentiary difcipline. There are few fubjeflfron 
which opinion is more under the fway of powers 
that are out of the reach of reafon. Different tem- 
pers prefocibe different mcafures of feverity and in- 
dulgence ^ 



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tlulgencc. Some forget tl>a!t a conviigt in j^ifea is 
a (^nfitive being : others, diat he is put tbers for 
punifhment. Some grudge him every gleam tf 
comfort or alleviatiofi of mifcry of which his fitua- 
tion is fufccptible. To others, every little priva-* 
tion, every little unpleafant feeling, every una«- 
cuftomed circumftancc, every neccflary point of 
coercive difcipline, prefents matter for a charge 
of inhumanity. 

In die midft of thefe difcordant fentiments^ this 
promifcuou^ cpnAifk, in which judgment and regu-* 
lation are fo apt to be led aftray^ fometimes by the 
negligence of infenfibility, fometimes by the cruel 
anxiety <rf cowardice, fometimes by theexceft of 
tendernefs, and now and then perh:^ by the af^ 
feSation of it, a few leading pofitions, if by good 
fortune any fuch fhould be to be found, towhicti 
nwn of no defcription whatever, be their degree 
4if judgment or caft of temper what it mayi fbaU 
find it eafy to refufe their affent, will not be wid> 
ottt.thetr ufe: lujfortunttciy theaj^lication of thofe 
principles will ffill. leave but too wide a field for 
unccrtaiiit;^ aadyariance. But even in cafe of va* 
riance it wilt b^fomethiog to have placed the quef^ 
tion upon clear ground, and to have rendered it 
iMnifoft to every eye on what point it turns, whe- 
B 2 thcr 



'4 § li Leading Pojitlons, 

ther the difagreement is an irremediable one, or 
whether ' any means of putting an end to it may be 
Jioped for from farther invefligation. 

But in the firft place, a fummafy view of the 
objefts or ends proper to be kept in view in the 
planning of fuch a fyftem may not be without its 
ufe. They may be thus diftinguiflied and ar- 
ranged. 

I. Example^ or the preventing others by the 
tefror of the example from the commiflion of fmii- 
lar offences. This is the the main end of all pu- 
nifliment, and confequently of the particular mode 
here in queftion. 

a. Good behaviour of the Prifoners during their 
fubjeftion to this punifhment: in other words, 
prevention of Prijon-offknces on the part of Pri- 
foners. 

3. Prefervatlon ofdecincy : or prevention of fuch 
praftices. in particular as would be offences againft 
decency. 

- 4. Prevention of undue hardships : — whether the 
refult of defigii cm: negligence. 

5. Prejervation of healthy and the degree of r/^^wr- > 
//w^/y neceffary to that end. 

6. Security agaM fin^ 

7V Saf^ 



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wmmmmmammami 



§ I. Leadlng'^PoJiuons. ^ 

7. Safe cuftody : or the prevention . of efcapes, 
which as far as they obtain, fruftrate the attain*^ 
ment of all the preceding ends. 

8. Prcvijion for future fubjijience : i.e. for the 
fubfiftance of the Prifoners after the term of their 
punifliment is expired. 

g. Provijion for their future good behaviour : or 
prevention of future offences, on the part of thofe 
for whofe former offences this punifliment is con- 
trived. This is one of the objefts that come under 
the head of reformation. ' . t 

10. Provl/ionfor religious Inftrudlon, A fecond 
article belonging to the head of reformatmi^. . , . ' 

11. Provijion for intellc^ual Injlrudion and hn.^- 
provement m general. A third article bebnglngto. 
the head c£ reformation, 

.12. Provijion for comfort : i.e. for tlie- allow- 
ance of fuch prefent comforts, as are not incompn-^ 
tible with the attainment of die above ends4 , . , 

13. Obfervance of economy: or provifion fot re- 
ducing to its loweft terms the expence hazarded for* 
the attain ment, of the above ends. 

14. Maintenance of Jubordinaiion: i.e. on the 
part of the under officers andjervants, as towards 
the manager in chief, a point on the accomplifh-* 
ment of which depends the attainment of the fevc^ 

B3 ral 

Digitized byLjOOQlC 



( § 1. Zea£fig Pffitims 

ral preeeding endi. No one of tiiefe olje^b kit 
W2» ke^t in view thit>ughoat die contrivance of the 
building : none of them that ought to be loft fight 
of in the contrivance of die plan of management. 
The management was indeed the end: the con* 
ftrudion of the building, but one amengft a vari- 
ety of means, though that the principal one. 

I may perhaps fubjoin in the way of recapi- 
talaCi<MD, a general tabk ofencb and means : a ta- 
baisHT view of the feveral expedients employed or 
fuggefted for the attainment of the above ends. 

In the mean time Ais fummary enumeration of 
the ends diemfelves may ferve to AttSt our aftcn- 
ticm, and afford us fome guidance in judging of the 
propofed expedients as they prefent themfelves : 
and incidentally of the regulations and expedients 
that have been eftablifhed or recommended by 
odiers, either with a view to the fame ends, or at 
leaft with relation to the fame fubjeft. 

FVom the difierent courfcs taken in the purfuit 
of tbefe feveral ends or fbme of them, errors^have 
been adopted, by which the lot of the peribns de- 
to^ to this puniihment has been ^Sc&cd in op- 
fofifteways: the treattnait kaning in fon>e in- 
flances tt)o fer on the fide of feverity : in otbers, too 
fiMr on Ae fide of lenity and indulgence. It is for 

the 



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§ I. Leading Pefithns. J 

'the correftion and prevention of fuch errors that 
the three following rules are propofed) to ferve as 
guides, in thepurfuit of the above enumerated endk. 
Thefe are the teadrng portions above alluded to. 
Should their propriety be admitted, there is dot a 
fingJe corner of the management in which their 
utility will not be recognized. 

1. RuU q/ Linity, 

The ordinary condition of a eonvid doomed to 
forced labour for a lengdi of time, ought not to be 
attended with bodily fufierance, or prejudicial or 
dangerous to health or life.^ 

2. Rule of Severity. 

Saving the regard due to li&y health, andbodily 
cafe, the ordinary condition of a ^nvi£t doomed 
to a puniihment which fewor nonefbut individuals 
of the pooreft clafs are apt to inc^r,. ought not to 
be made more eligible than that, of the pooreft dafe . 
of fubjeiks in a ftate of innoceaoe and liberty. , 

^ The ^ttalificiitiofi applied by the t^itfttt drdiiiarfytad the 
words length oftim^ feemed r»eccfliiry to mikt room fot an evcep- 
tion in favour cf temporary puniibsiCAt ht FuioB-oifeiiccty ^t Uift ' 
ezpence of bodily cafe. 

B.4 , 3. MuU 



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S § I. Leading Pojitions* 

3.. Rule of Economy, 
Saving the regard due to life, health, bodily- 
cafe, proper inftrudUon, and future provifion, eco- 
nomy ought in every point of management to be 
the prevalent confideration. No public expencc 
ought to be incurred, or profit or faving rejedled, 
for the fake cither of punifhmcnt or of indulgence. 

J^ropofitions of fuch latitude may be thought to 
require a few words of explanation: propofitions 
of fuch importance may require fomething to be 
faid in the way of juftification. The precaution 
is not fuperfluous. The reader who feels himfelf 
interefted in the fubjefl: would do well to fcrutinize 
them. It is but fair he fhould have this warning. 
For if thefe are really fit to compofe a teft, no 
plan t)f management has yet been either purfued or 
propofed, that will abide it. 

-Injuries to health and bodily eafe are apt to re- 
fuit principally from eitlier that part of the ma- 
nagement which concerns maintenance^ or that 
which concerns emJ>ioymcnt. The fupply for main- 
tenance may be defeftive in quantity, or improper 
in quality. The labour exafted in the courfe of 
the employment may be improper in quality, or 
cxceffive in quantity. » 

. • . • What 



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§ I. Leaditig Pd/Itlotis. ^ 

What muft not be forgotten is, that in a ftatc 
C|f confinement, all hardfhips which the manage- 
ment does not preferve a man from, it inflifts on 
him. , 

The articles of fupplyneceflarytp preferve a marl* 
from death, ill health, or bodily fufferance, feera, 
to be what arc commonly meant by the neceffaries 
of life. The fupplies of this kind with which, ac-» 
cording to the rule oi lenity, every fuch Prifontf; 
ought to be furnifhed, and that in the* quantity rc-*^ 
quifite to obviate thofe ill confequences, may^ be in-^i 
eluded under the following heads ; 

1. Food, and, that in as great a quantity as h& 
defires. 

2. Cloathing at all times in fufEcient quality 
and quantity to keep him from fuffering by colder 
with change fufficient for the purpofes of clean-^j 
linefs, 

3. During the cold feafon, firing or warmed air. 
fufiScient to mitigate the feverity of the weathpr.. ^, 

4. In cafeof ficknefs, proper medicine, diet, an4, 
medical attendance^ 

5. In the way of precaution againft fickqefs,. thC; 
means of clean linefs in fuch nature and proportion 
as fliall be Sufficient to afford a complea^fecurity \ 
againft all danger on that fcorcrf ^ - 



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JO § !• Leading Pfffitions. 

The reafens agatnft hiffi£Hiig hardships afie£l- 
ing the heahh» and fuch prmtioits as are attended 
With long-continiied bodily fbfleraiice, are 

1. That being unconfpicuous they contribute 
itothing to die main end of punifhment which is 
example* 

2. That being protrafied or ItaMe to be prctfrac- 
ted Anmg^ die whole of a loi^ and indefinite pe« 
riod, filKng the whole meafure of it widi uwcmit- 
ted naifcry, they are inordtnatcFy fcvere : and that 
not only in comparifbn with the demand for pu- 
fiifhmenty. but in comparilbn with other punifh-- 
ments which are looked upon as being, and are 
intended to be, of a fuperior degree. . 

3. That they arc liable to alle£b and ftortcn 
life,, anaounting thereby to capital puxiiibmmt; in . 
cfieft, thou|^ widiout'the name,,. 

Puni{hment$> operating in abrid^cnt^ of fife: 
Arough die mc^itim of= their prcjiditial 'in toence 
with jpegard' to health ate improper, whedier in- - 
tended or notion the part of the legiflitor. , In thco 
latter cafe,^the executive officer who fiibje^ a man : 
to fach a fete without an exprcfe warrant from Ac. 
Judge, or the Judge who dots fo withoutan ex- 
piefs authority from the legiflatdr, apprints' death, s 
where the legiflator has appoidt^ no foch puirifli- 

ment, \ 



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§ !• iMuBug Pcjitians. ^t 

ment, and mcms the guilt of unjuftifiaMe horn!* 
cidc, to fay no worfc of it. 

If intended on tbe part of die k^flatuit they 
arc lisMe to the fisUowing otijeAions. 

1. They are (evert to exceft, and that to a de* 
gree beyond mtention as well as profiortion. Stikd 
left than capitd, they afe in fad capital, amdmodk 
meat : the itfok of diem being ttot £mpie ancl 
fpeedy death, as in die inftances where d^ath ia» 
appointed nnder that name, but death accompanied 
and preceded by fingering torture. 

2. They are unequal : caufkig meft to fii^y. 
not in prqiortion to the enormity of their offiinces^ 
either real or fuppofed, but in proportion^ to acir?*^ 
cupriftaBce entirdy foreign todiat coniidenttion.;. 
VIZ. dieir greater or Ids capaci^ of endiiring the 
hardfiiips without beii^ ftibj^Aedto die fatal coi\- 
fequence. 

Food is the grand art&le. It is the gnitt hinge: 
on which the economy of fiipply turns, k is the- 
great rock on wbidi IragaKty andliumanity areapt: 
to fplit. Food ought not to be limited in quantity 
for this reafon : — ^DraW die line where you witf, 
if you draw it to any purpofe, die poniflmient 
becomes unequal. UnequdpuniAinitnt ift either a 
deie£ti?eorexceffive: it m^be b^MhcaliNl •€ 

once: 



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adlng Pojitlons. 

e other it cannot but be: Jn 
be fole refult of the inequa- 
^ as the allowance fails to fa- 
bjefted to an additional bur- 
>reign to the defign. Draw 
vill, you can never draw it 
Dper is the only alternative : 
ion as humanity lofes that 
it. Pinch many and thofc 
portionally unequal and un- 
lofebut (lightly, what you 
ou fetve Mammon for fmall 
ity is all fheer injuftice : it 
:o conduft : the puniihment 
to the degree of a man*s de- 
keennefs of his appetite. It 

^ day, nor of a week, but of 
weight of it rather accumii- 

by time. As the quantity 
aan living in other refpeSs 
pretty much the fame, if the 
ibly fhortof any man's defires 
it every other ; as his hunger 
at the concluflon of his meal, 
ring any part of the interval 
\\ : the confequence is., that 
{he 



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§ I. Leading PcJitlonSm 

the whole meafureof his exiftence is filled up 
a ftate of unremited, not to fay encreafing fu 
ance. 

I have diftinguiflied this mode of produ 
fufFerance from aij injury to health, merely n 
ftrain words : but the, difference is but in w 
If a man experiences a conftant gnawing of the 
mach, what difference is it to him whether ito 
from improperfood or from want of food ? If a 
ftant fliivering^ what matters it whether froi 
ague or from want of fire ? 

By this violation of the law^ of lenity true 
nomy does not gain near fo much as at firft 
might appear. That a man who is ill fed wil 
wprk fo well as a man who is well fed, is alk 
by every body. But the great caufe tliat pren 
■economy from gaining by this penury is, 
what is grafped with one hand is fquandered 
the other. Thofe who limit the /qu ntity of 
neither confine the quality to the leaft palat 
which is in a double point of view the che 
fort, por avoid variety and change. Provoca 
are thus adminiftered while fatisfa4Slion is dei 
and what is faved by pinching the ftomach is thi 
away in tickling the palate. Make it a ru 
furnjfh nothing but of the very cheapeft fort 



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14 § X* Leading Pojitians* 

jf tdere Aould be two focto equally cheap, to ceim 
4l3C the men to OQe» you need not fear dieir eat- 
ing too much. Every man will be fatisfied : no 
man vrillbe f(»fledt notnaawiH be fiarved. 

Thk abundance will be no viobtion of the 
rule of (everity. The lot of ^linquents will 
iiot be raifed above that of the incocent at large, 
except in a^ &r as the latter is £ank below tbe or« 
dinary' level by aocideota] knpmdence or misfor- 
t«ne» All* men in a Aate of innocence and liberty 
do not in fe6k enjoy a fiiU iiipply of necefTaries. 
True : but there are none but what mi{^t, if diey 
w«»3ld difpenfe with luiuaries. The deficiencies 
pioduced by accidental .misfortune are fupplied by 
public bounty : and, hating fucfa accidents, the 
ws^es of labonri at ^ loweft rate known in Ae 
thiee kingdoms arc foch as will leave nothing to 
ddire on the head of real neceffiu-ies.^ To the 
extent of dieir means the poofeft-enjoy at any rate 
the liberty -of chooling* 

This economy will be no violationof the rule 
•^lenity: though fuperfluous gratifications be fo 
^ donie^i no bodily fu&mnee is ptoduaed« The 

• See tVa A^iifKia^tly ^9^ ^y Dr. ▲• SmUJtin.Die VM^ 

a privation 



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§ I. Leading P(^fitmu %i^ 

privation is not carried beyond the bounds which 
the rule of fevcrity prefcribes. While fo many 
honjeft men fail of being fatisfi^sd in quantity, why 
ihould criminals be indulged in quality ?^ 

Nor does the rule of feverity exclude a certaia 
mt^ium even of fuper-neceffary gratification. The 

* The privations there it reafon to thinks is much more tpp«« 
rent than real. At the ucmoft it can amount to no more than the 
lofs of foch part of the gratification as depends on relifli : that 
which depends upon Appetite remainc uutooGhedy being infeparable 
-#rom the fatisfifillion of the demands of natvrek This latter pa|C 
is perhaps the more confiderabie : nor is the lofs incmred on the 
•ther fcore fuftained withoutan indemnificatioa. In the porfuic 
of that part of the gratificatioa which depends on reliib> t great 
ptrt of thac which depends en appetite is habituaUjr^tveo up* 
Sating ofterier or more than they need, men e«^ with Ai mvtii 
the lefs appetite. The poor give up one part of the gratificatioi^ 
iherich another. Whether the poor fuftain any habitual loili 
even in point of rellH is af er all not ah(»gether clear. The loTt 
••f the enjoymefit of occafioiMl ^eaUittg is perhaps the only real toft 
fuftained. In this too the poor ace.biit tipon.a par wi)ti^ the ricbtil 
elafs of *aii. Food sd^dt a feaft.to jth^fii onliy to whoot it Is rare i 
tbofe who appear to feafi always never fcaft at all. Coafipement 
totheleaft palateable kind of food, fo far then from being too 
^vere a puniihment, would be nopuniii^entat all, were it not Ibr 
^ome antecedent exporitnce of/ better fare. What pitniftoieBt^tt 
-it tt) ^ Hindoo to he forbidd^ roailbec^ 9a4 ,to bf con^dto 
rice ^ How nxmy diihet aifc €<Mtt;d ^ th« rich thai would bp 
4Mi;ned at by the poor ? 

rufe 



■ ^.^'!?'£'JL^,9d. ^y Vf QQ^'il^.i 



JS ^ X- Leading Pojitlonu 

mle of economy, as wefhall fee, not only admits 
but neceffitates the calling in the principle of re- 
Ward : and reward might lofe its animating qua- 
lity, if it were debarred from Shewing itfelf in a 
Ihape fo inviting to vulgar eyes. Nor when 
all the luxury that economy can ftand in need df 
is thus admitted, need there be any apprchenfion 
left the rule of feverity fliould be violated l)y the 
admifSon, and the lot of labouring Prifoners be 
gendered too defirable* The irkfomenefs t)f the 
fituation ftrikes every ey^: the alleviations to it 
ileal in unobferved. 

Punifliments afFefting health, or life, .by Impo- 
firig on men the obligation of exercifing any em- 
plqyment injurious in that way, are produftiye of 
the collateral inconvenience of impofing hardfliip 
on innocent men, by holding up the occupation 
they follow in an ignominious point of view, and ' 
tfifpofing them to be difcontented with their lot. 
' An occupation of this nature i^iil hardly be im*- 
pofed, but tender the notion of caufing to be done 
.for the community fomething qr other which would 
!*iot be done for it at all, or at kaft not fo well or 
■not fo cheap, othcrwife. But no occupation of that 
tendency can *be afligrted, which would not be, 
and if the law permits is not already, embraced by 

a fufficient 



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f i« Leading Pojttkm. 17 

a faficient number of free individuals ; who beir^ 
paid what in their inftance and according to tbeir 
eftimation is an equivalent, carr^r it on by choice. 
Whether d^e worit done by compafton^ is dene 
upon the whole cheaper for its goodnefs than die 
worlc done vohintarifyy is as it may be : but wimt is 
pertain is, that tfaofe vAio fubmitttd to it without 
fegarchng it as a hard&ip, find it conrerted to 
their prejudice into a hardihip whidi it wasnoC 
before. 

As to the rule of economy, its ablblute import- 
ance is great, its relative importance ftill greater. 
The very exiftence of the fyftem, the chance I 
fhould fay, which the fyftem has for exiftence, de- 
pends upon it. That in all other points of view this 
mode of employing criminals is preferable to any 
other, feems hardly to be dilputed : but what men 
are afraid of is the expence. Let the rule of econo- 
my be fteadily fubmitted to and prudently turned to 
count, frugality will gain as much by the Peniten- 
tiary fyftem as every other end of puniflimcnt. 

In fuch a fituation, whatever expence is incurred, 
or faving foregone, for the mere purpofe of add- 
ing to the feverity of the puniftiment, is fo much 
abfolutely thrown away. For the ways in which 

Part II. C any 



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1 8 5 r. Leading Pojitlons* 

any quantity of fufferance may be inflidlcd widiorUt 
any expence are eafy and innumerable. Inftances 
of this waile have been already feen in a. preceding 
fcfikion;* more will be found in a fucceeding 

one.f 

The meafure of punifhment prefcribedby the 
rule of feverity and not forbidden by the rule of kr 
nity being afcertained, the rule of economy points 
out as the beft mode of adminiftering it, the im* 
pofing fome coercion which fliall produce profit, or 
the fubtradting fome enjoyment which would re~ 
quire expence. 

• See part I. § 24. 
\ § Employment* • 



^ 2. M^NJGE- 



^ 



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concemea, upon tnoie points aepenas, as we mail 
fee, the demand for regulations. Adopt the con*- 
traft-plan,- regulations in this view are a nuifance':: 
be there ever fo few of them,, there will be too 
many. Rejeft it, be there ever fo many of them^ 
they will be too few. 

Contra^r management y or trufi'management P If 

truft-management, managenjient by an individual 

or by a Board P Under thefe divifions every poffi- 

Ca blc 



Digitized by LjOOQ I ^ 



ao ji S* Management — fVhy iy Contra ff. 

ble difiin£t fpecies of management may be included. 
You can have notbtug different from them unlefs 
by mixing them. — In an economical concern like 
this, contraft-management, fay I : Boards-manage- 
ment fays the Adt. Which fays right ? — L — Who 
fays fo ? — ^The A6k itfelf. — ^A principJe is laid down : 
I adopt it, — Regulations arc made : they violate it» 
What is theconfequence? Error upon error, as well 
as inconfiftency. Eiror in preferring truft-manage- 
ment to contradt-management : error in prefer- 
ruig board-management to truft-management in 
fingle hands. Error in oppofite fhapes, both em- 
braced at the fame tirrfe. Truft-management ap- 
pointed viheve nothing but contraft-management 
was tolerable: Contraft-management preferred 
in tte iiiftance where, if in any, truft-manage* 
ment might have been harmlefs and of ufe. 
By whom then, ftiaO we fay, ought a bufinefs^ 

like thi$ to be carried on ^ By one who has a 

intcrcft in the fuCcefs of it, or by one who has 
none P'-^By one who has a greater intcreft in it, or 
by oni? who has an intcreft not fo great ? — By one 
who rakes lofs as well as profit, or by one who 
tdkc^ profit witho'jit lofs ? — By one who has no pro- 
•fit but in proportion as he manages v^rell,^ or by one 
► : who, 



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J 



§ 2. Management — Jfhy by Chntim9* il 

who, let him manage ever fo Mrell or evcr.fo ill* 
fhall have the fame emolument fecurcd to himf 
Thefe feem to be the proper queftions for ovir 
guides. Where fliall we fi«d the anfwers?— In the 
^queflions themfelves, and in the Aft* 

To join intcrcft with duty, and that by the 
ftrongcft cement that can be found, is the objeA 
to which they jx)int. To join intereft vjrith duty^ 
is the objeft avowed to be aimed at by the Ajft. 
The eniolu^nent of the Governor is to be propor- 
tioned in a certain way to the fuccefs of the ma- 
nagement. Why ? — that it may be ** bis intereJP 
to make a fuccefsful bufmefsof it — ^•^ as well as his 
^^ dutyJ^ How then is it made hi$ intereft? Is 
he to tate lofs as well ^ profit? — No : pix)fit only. 
Is he to hafv« the whole pn^t? — No: near that 
neither: but apart -^id|r^ and that asibiall a pi^rt 
as gentlemen ihaU plq^. Well — but he is to re- 
ceivfe none, however, if be makes none ? Oh yes— 
as much pn^t,^ and that as fisoure an one as gentle- 
men may think & to maJLe it. He m^y have ever 
4*^ large a ihare ^any prcAt he makes, tse ever fo 
€n»ll a ihare, and whether he makes any or jionci^ 

G 3 ke 



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22 § 2. Management — f1>hy by Contraef^ 

he may have a falary, all the fame. Let him get 
as much as he will, or get as little as he will, or 
lofe as much he will, or wafte as much as he will, 
he is to have a falary for it, and in all thefe cafes 
the fame falary, if they pleafe. All this in the 
fame fedlion and the fame fentence which lays 
down the jundlion of intereft with duty as a funda- 
mental principle. 

• And whom does the management depend upon 
after all ? Upon this Governor ? Upon the man in 
whofe breaft this important junction is to be for- 
med ? — Oh, no: — ^upona quite different fet of peo- 
ple: upon a Committee. And who are this Commit- 
tee ? — Afet oftruftees, three in number, who would 
be turned out with infamy, if they were found to 
have die fmalleft particle of what is here meant by />/- 
tereji m the whole concern. I'hcy are the perfons to 
manage, they are theperfonsto contrive : they are the 
perfons to work : the Governor with his magnificent 
title is to be their tool to work with. Upon them 
every thing isto depend : upon his Excellency no- 
thing: He is their journeyman: they are to put 
. him in, they are to turn him out, a;id turn him 
*out when they pleafe. Three "gentlemen, or other 

-ccedi table 



^^m^ 
^d^^ 



§ ^. Managements — TPhy ly Contra^. 23 

^•* creditable, and fubftantial perfons/'* who aire to 
come now and then, once in a fortnight orfo,t as 
it fuits them, foinetimes one fometimes another, 
when they have nothing elfe to' do, thefe are ihe 

;peopIe who are to govern: the perfon who is to be' 
nailed to the biifinefs, and to think of nothing elfe, 
the peribn uix)n whofe Ihonlders the whole charge 
of it is to Ke, the Governor a non guhernando^ ut 
Incus a non iucendo^ is to be a puppet in their hands.* 
As to their doing their duty, how that is to be 
brought about feems not to have been much thought 
of. He however is to do his : that he may befure 
to do iti it is to be^madehis intereft: that it may 
be his intereft, he is to have a motive given him 
for' doing it, and that motive is to be a ^"^ -profit ^^^ 
he is to have " upon the work,''^ .This profit, What 
is it then to depend upon ?— »U|K)n his exertions?— ^ 
No : it is to be €xed by-the Committ^ : and whe- 
ther when fixed it fliall amount to ahy thing,' is* to* 
depend upon /Z;^/r management : upon'their Wif- 
(tom,^th^ir diligence and their good pleafure. 
: PbweV and inclination beget aftion: unitethem;' 

4he end is accompliftied, the bufinefs done, Tb* 

> , .' 



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24 "§ «• Mam^gemmt — J^hy by Contrail. 

tSkBi this union in eadi inftance is the great art 
and the great ihidy of Government. — How ftand 
they herfc ? — ^Inftead of their being brought toge- 
tbcr, they arc kept at arms length. Power is lodg- 
ed in one place, inclination in another : as to their 
ever coming together, if they do they muft find the 
way.toone another as they can. The Committee, 
with the inducements given to the Governor, 
m^ibt have ^ne tolerably : the Governor with die 
power given to the Committee, better ftill. ■ 
Which of thcfe plans is purfued ? — Neither. The 
Governor, dianks io the pains that have been thus 
takeo wMi him, has all the inclination in the 
world to make good masi^ment of it : but as to 
the power it isnone of his. The Comitiittee have 
power in plenty : but as Io ioducements to give 
them inclinatioti, they haiKe none. At Jeaft if diey 
have^fiy, it is not ibr any tbing'^the KQl has done 
togive it them : if they ba¥e«(iy, it i& to bounlifiA 
nature they are indebted fcr Ht asid fo theoilelves.. 
Taking fuch oppofite coutf0s><can^e A^ be right, 
in bcilh '—-I don't ibe bow. — If it is not redundant 
inlfae one inftance,-it is deficient in the other.. Sir. 
Kenelm Digby invented a fympathetic powder: 
replied to one bddyi It tras to cure, wounds in ano- 

1 *ther 



Digitized byVjOOQi^ 



§ 2. Mampment — Jf'by by Control, ag 

then The prtfcription here proceeds upon the 
fame principle. Money is put intathe hand of the 
fervant^ called a Govermr : and the reward thus 
applied is to operate upon the afleiSlions, and deter- 
mine the conduft, of the mailers — the Committee* 
Under fuch a coniHtution upon what docs the 
chance it leaves for good econom^y depend ?— Upon 
the Governor's writing orders for hintfeif^and their 
iigntng them : upon their heing^peiliioned by him> 
>or a<aing as if they were. 

When -I fjpoke of their having Ac power, ail'2 

meant was, that what power is ^ven^tfuchas it is, 

: is in their han^. ^Birt it is a. power big with in^fXH 

j^tence. What is to be the nux]M)erof this Com* 

mitteej Three, anid thxee oriJy. What if ofie<tf 

them ihould be ill, or indolent, or out of the way, 

•^orout of humour-, and the two t)tfaers ^fliouid n^ 

agree ? Wim h to be done tfaenf Nothing.— 

What then is to become «f the efta&liftmeat?-*k 

ris to go. to ruin. Tiiepriicxien are^tolfitwilh dieiv 

>hands before tiiem anHI ftarve. For net« hin^fol df 

hemp, no, nor a mor&l of bread :Caa the <Govetiior 

^buy or ^ee for, without theCommiffeloe. (^ 2X.) 

*0A, but any two may aff^ fays the ftatgte,tt»rtw/ ibc 

ij<im«*-^Ye$ ^t tbey ^ha*y, and hour is^it to be done? 



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i6 § !• Atanagement — Why by Contract. 

The two who by the fiippofition can't agree, are to 
agree which of them fhall be Chairman, in order 
that there may be one of them who fhall have 
every thing his own way.* For fuch is the con- 
ftitution of this Committee'; an Affembly of two, 
one of them with a cafting voice. 

If two heads, while they remain two heads, can- 
not govern the fmallcft houfehold, what will they 
do in fo large an one ? If divifion begets confufion 
in a family of three, what muft it do in a family of 
thrice three hundred? 

The complication was not yet thick enough, 
'Clouds are heaped tipon clouds : all to give fhadc 
and perfefkion to economy. I ihall not however 
fpend many words-upon the orders and regulations 
that were to be made, all for the benefit of this in- 
fant plant by alegiflature compofed of three eftates-, 
t!ie governing Committee, the Juftices of the peace 
in quarter feffions, and the Judges of affize, <5r*if in 
Middlefex, of the King's Bench : of whom the 
judges of affize, were to liften to plans of hou - 
hold and mercantile management with one ear, 
while they were trying <:aufes with the other, in 

*^ ' " 41 country 



■ .C.Q>of.iI^ 



§ 2. Management — fVhy by ContraTf. tj 

t country through which they were riding poft.— 
Oh noy no : — its your mijiake — It was not to meddle 
ivith economy that the Judges were called in: it was to 
check cruelty y to prevent negligence^ to rejirain mif- 

ehievous indulgence y -to enforce good morals, 1 do 

not miftake. It was for economy and for jiothing 
elfe. Had the Hulks Committees to regulate for 
them, or Juftices of the Peace to check the Com- 
mittees, or Judges to check the Juftices ? Were 
the Hulks more exempt from danger of cruelty, or 
negligence, or partiality, or corrupt indulgence, or 
bad morals?— ^No : but on board the Hulks there 
was no economy to nurfe : fo that Courts of quar- 
ter feffions, and Judges of affize, and Courts df 
King's Bench would there have been of no ufe. 

But are not there ejiahlijhments $f ajimllar na» 
ture aiiually governed by multitudes P Yes, {5lenty : 
but why ? — becaufe the multitudes, thdugh fuch 
in fhew, are in effe6l reduced to one. So far as 
4:he multiplicity has its efFeft, it does mifchief,'and 
mifchief it continually is doing : fo far as it fiasno 
effe6l, it does none. The colleagues jdftle and 
joftle, till they find out which of them is the ftrong- 
•eft'; the bufujefs goes on, when like the ferf>cnt 
jxkIs, one of- them has fwallowed up th^rcfV.' Some- 
times 



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timeSy if the power be large enough to cut into 
fhares, the battle ends by compromife: what 
was given in coparcenary, is ufed in feveralty : and 
.as nature will fometimes repair the errors of the 
pfayflcian, compa^ fumiihes a palliative for the 
' weakncfe of the law. 

From fuch a conftitution what oould have been 
*cxpe£led?— What has happened. A G)mmit- 
tec is appointed, and the fiiil and only thing they 
*do is to quarrel* The AA for1)uilding the houfc 
ptfled in 1779: we are now in 1791, and ftill 
there it no houfe« They quarrelled before the 
firft ftone was laid, and before it was agreed where 
it ibould be bid : they quarrelled about that vei^ 
queftbn. But there oh^M not have been a fione 
•laid but what woiiU have beenjuftas capable of 
^(ing a quarrel as the firiL No, nor a barrel bf 
ikiur been to be boug^, nor a bundle of hemp, nor 
a petticoat, nor a pair of breeches. The cooftitu^ 
•tion betng^fuch as it was, the faappinefs was th^bit 
ihewed itlidf lb ibon. Better the projed fhould 
.flop, as it did, a$ (boa as the ground was bought, 
<^^haa after ^lao^cxx) had been fpent in covering it, 
jwA%!ulba^9XVK(isik oum infiocking it. Qh^bta 



it was by aceidittt that it popped — no— it was not by 
accident — it was by the nature of tliings.-^You 
have feen it was — it would have been by accident 
if it had gone on. 

And does not management erf" all kinds go on, an*' 
goon very well, in pattner/hlp? To be fure it does. 
Why ?— "Becaufc common intereft eiriier keeps 
men togcAer or feparatcs them in time. Agreeing, 
theycaft their parts and divide the bufinefe be- 
tween them as they find convenient : difagreeing, 
they can part at any time. Neceffity compells the 
feparation : roin is the penalty of refufal. — How is^ 
kwithafet of uninlerefted board-managers like 
the Committee ? Going, they lofe every diing : flay- 
ing, they k)fc nothing — ^whatever comes of the truft.. 

Economy has two grand tntmit^', peculation 2Xi&. 
neghgenee^ Tnaft-management leaves the door 
€pen to both: Cbntrad-managcment fhuts it 
Jigainft both. Negligence it rendets peculiarly im- 
probable : peculation, impoffibfc. 

To peculate is to obtain, to the prejudice of the 
truft, a profit wbuch it is oot intended a man Aould 
have. But upon the contraft plan^ the inten- 
tion and tfie declared intention is, that the Con- 
trador Ihall have every profit that can be made. 

Does 



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30 § 2* Management — ff'hy by Contra^. 

* Docs the truft lofe any thing by this conccffion< 
no : for itmakes him pay for it before hand. Does he 
pay nothing or not enough ? The fault lies, not in 
the contract plan in general, but in the terms of 
the particular contradt that happens to be made : 
not in the principle, but in the application. 

As to negligence, to ftate the queftion is to de- 
cide it. Of whofe affairs is a man leaft apt andleaft 
likely to be negligent? another's, or his own? 

Economy being put under the guardianfliip of 
contraft-managemcnt, what more is it in the 
power of man to do for it ? It has the joint fupport 
of the principles of reward and puniftiment, both 
afting with their utmoft force, and both aftingof 
themfelves, without waiting for the flow and un^ 
fteady hand of law. What the Manager gains 
ftays with liim.in the fhape of reward : whatever is 
loft falls upon him in the fhape of puniftiment. In 
this way, public economy, hai at leaft all the fupr 
port and fecurity that private can ever have. 

** This IS to be underftood only in as far as profit and lofs it 
the avowed objeft. As to facrificing to fchcmes of pnfit form 
other of the ends in view, fuch as good morals, proper fevtrity, o, 
proper indulgence, it forms a feparate cohfideralion, and will be 
fpoken of in its place. 

It 



^?^* ^ * .^•^^^fSSC-W^ -'V.^J 



^ 2. Managenttnt-^Why hy^Contraff: 3^ 

It has more. It has a fupport peculiar to itfelf 
—-publicity : and that in every fhape : at leaft it 
jn^y have, and as we have feen already, ought to 
have.* To publifh his mapagement a man muft 
attend to it : and the more particular he is obliged 
to be in his publication,, the more particularly he muft 
attend toit. What fafeguai'd is there in private ma- 
nagement that can compare to this ?— It is not in 
human nature to go on for a length of time in a 
courfe of notorious, mifmanagement and lofs. A 
manxould not help feeing it of himfelf : and if he 
could, the public virould not let him.. He muft 
mend his management or quit the fcene. Falfe 
accounts he could not publi/h : what hope could he 
have of keeping the falftiood from difcovery ? The 
attempt to conceal mif-management in this way 
wouki coft more trouble than to avoid it. To enr 
' able the public to look at his accounts, a man muft 
look at them himfelf. No man travels quietly on 
in the road to ruin with' the pi£ture of it before his 
eyes.. When a man fails through indolence or neg- 
ligence, it. is becaufe he keeps no accounts, or has 
not the heart to look at them.. There is little dan- 
ger that a m^n chofen for fuch a. fituation fliould." 
publifh accounts that were imperfe£l or confufed: 

• Letters IX an? XII, 



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3« f 2. Jtfcmagement — tmy hy Contra^. 

it would be a conieffion of incapacity 'or fraud : if 
liiere were, a ktm might be prefcribed to him ; and 
a ferm exbilMted by die firft contraflor and aj^[N?ov« 
-«d of by the public, would be as a law to his fuccef* 
fers. They mi^t make k more inftrudivc, they 
would not dare to make it kk fo. 

Economy, I have faid, Aould be the Irading ob- 
jed : and it is principally becaufc the contrafk plan 
h tihe moft &yourab}e toeconomy, that it is fo much 
fiipertor to every other jrfan for this kind of prifon 
%ianagement. But turn the fubied all rounds 
view it in what li^ts you will, you will not find 
iany on which the contract plan is not at leaft upon 
a par with truft-managemcnt, even in its leaft ex- 
ceptionable form. Economy out of thequcftion, 
turn to the oAcr ends which a fyftem of prifon 
management ou^t to have in view. — ^In which of 
aU thofe inftances is a contra^ing manager more 
in danger of failing than an uninterefted one.^ 
Turn to the two oAer r»/«jthat have beep put in a 
Kne with ^at of icjonomy^ and in Aie infringement 
•of which, in feme way or oAer, every fpecieiof 
mifmanagement 'in fuch a fituation may be com- 
^prtfcd — which of them is. a contraSor, with the 
guards upon him that we have feen, more likely to 

infringe 



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§ 2* Management — ffhy iy Contra^. 3 j 

infringe than a manager who has no pecuniary in- 
tereft at ftakc ? In every one of thefe points we 
ftall find the probity of the uninterefted truftee exr 
pofed to fedu£lions from which that of the contract 
tor is firee : that of the latter armed with fecurities 
with which that of the former, if provided, is not 
provided in the fame degree. What I allude to is 
popular jealoufy : but of that a little farther on. 
Turn to the motives which a man in this fituation 
can find for paying attention to his duty. In th^ 
inftance of the uninterefted manager what can they 
be ? — Love of power, love of novelty, love.of repur 
tation, public fpirit, benevolence — But what is 
there of all tliis that may not juft as .well have faly- 
len to the contradtor's fliare ? Does the accefiion 
of a new motive deftroy . all thofe.that a6l on the 
fame fide ? Love of power may be a fleepy afFedtion : 
regard to pecuniary intereft is- moce or, lefs awake m 
every man* Public fpirit is buttfioapt to cool: 
iQve of novelty is fure.to cool: attention., to pe- 
cuniary intereft grows but the warmer with agq. 

Among unfit things there are degrees of unfit- 
nefs. As truft-management is, in evtry form itcati 
put on, ineligible in ,comparifon of cootra£l-ma- 
nagementyfo amongdifferent modifications of truft- 
management is board-management. in comparifon 

Pah.t . U. Ll t)T 



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34 Mandgement-^W hy by Coutran. 

of management in fmgle hands. When I fpeak 
of fingle-handed management as the better of thd 
two, I mean it in this fenfe only, that, by proper fe- 
curities it may be made better than the other is ca- 
pable of being made by any means. Pecuniary fe- 
curity againft embezzlement : publicity in all its 
<hapes, againft peculation and negligence. Inboard- 
management, danger of diffention, want of unity 
of plan,ilownefs and unfteadinefs in execution, arc 
inbred difeafes which do not admit of cure. 

When fingle management has given, caufe for 
^Xmiplaints, it has been only qn account of fome ac- 
cidental concomitant, or for want of thofe efFeftuai 
diecks of which it is in every inftance fufceptible. 

A manager has in his haCnds large fums of pub- 
lic money more than are ncceffary for the fervice. 
Is dus the fault of iuigle management ^ No : but 
<rf the negligence of the law, which leaves fo 
niiich public money in private hands. A mana- 
gci" holding public money in a quantity not more 
than (a£Bcient embezzles it. Is this the fault of 
fingk management ? No: but of thofe who let 
him have it without account, or without fecurity. 

Can thefe guards or any guards ever put uninte- 
vrfied management eyen in fingle hands upon a 

par 



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Management-'^Wlrj h^Cohtta^^ 35- 

par with intcrefted ? Ndvfer : till human nature 
is new made. They will prevent peculation: 
tliey will prevent grofs negligence: they may 
prevent all fuch negligence as is fufceptible <rf<le- 
tc(ftion. Will they fcrew up diligence and inge- 
nuity to their highcft pitch ? Never while man is 
man : a man himfelf can never know what he 
could get, unlefs the profit is his own. What a 
man has got and pocketed, cr thrown away, you 
may punifh him for : can you punifh.him for the 
extra profit which, for want of a peculiar meafure 
of induftry. and ingenuity,, fuch as the genial in- 
fluence of reward could alone have infpired him 
with, he failed of getting r — G<7^^ and &?^are terins 
of comparifon . . Be your management ever fo thrif- 
ty, or ever fo prodti<9:rve, you can never know which 
epithet itdeferves till you have feen it in interefted 
hands. Till -then,. you have noitandard to compare 
it to. Good inxomparifoH of what it has been, it 
may be bad in comparifon of what itrmight be. . 

The advantages of the. contradl mode over 
both the others are not yet at an end*. Along 
with uninterefted management ^ocs a falary. Thi^ 
is at leaft. a natural arrangement, and under the 
l^vailing hahits. «id modes of .thitiking tlie only 
D X. probable^ 



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36 5 2. Management — ffhy iy Contra^. 

probable on^ This falary is fo much thrown 
away . jfnd will not a contra flor equally require pay^ 
ment F Doubtlcfst but where will he look for it ? 
To the fruits of his own induftry, not of other mens. 
The difference in point of produ&ivenefs between 
management with and management without inte- 
reft, is the fund he draws upon for his falary, and' 
there needs no other. 

I faid thrown away ; but it is worfe than thrown 
away. It is fo much thrown into the treafury of 
corruption ; otherwife called the ftock of influence. 
Whether in the Britifli conftitution the quantity 
of that ftock requires diminifhing, has been matter 
of debate: that it is in any need of encreafe, feems 
never to have been fo much as infinuated. 

In this refpeft, if truft-management in fingle 
hands is bad, board-management is worfe. It is 
worfe in proportion to the number of the members. 
Though the falary and confequently the wafte 
fliould be no greater in this cafe than the other, 
the influence and confequently the means of cor- 
ruption is abundantly fa One man with three 
hundred a year is but one placeman : a board t)f 
three with three hundred a year amongft them 
makes three placemen : each wjth a train of con* 

tingent 



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^ 2. Management — fVhy by Conira^. 37 

tingentremainJer men at his heels, all equally upon 
their knees to influence. In political corruption as in 
pSiyfical, to every mafs of fubftantial putridity you 
have an indefinite fphere of equally putrid vapour. 
j/nJ do not controls make influence as well as places P 
—Not if made as they ought to be and might be. 
The contradlor's dependence is on the advantage- 
oufnefs of his offer : the placeman's on the intereft 
he can make with the diftributors of good things. 

Salary, according to the ufual meaning of the- 
Word, that is, pay given by the year, and not by 
the day of attendance, fo far from ftrengthening 
the connection between intereft and duty, weakens 
it : and the larger the more it weakens it. That 
which a falary really gives^a man motives for do- 
ing is the taking upon him the office : tliaf which 
it does not give him any fort of motive for, is the 
diligent performance of its duties. 

It gives him motives, if one may fay fo, for the 
non-performance of them : and thofe the ftronger 
the more there is of it. It gives him pleafurable 
occupations to which Aofe JaI»rious ones are fa- 
crificed : it fets him above his bufinefs : it puts him 
in the way of diffipation, and fumiflies him with 
the means. Make it large enough, the firft thing 
D 3 he 



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3d § 2 . Management — Why by Contra ff. 

he does is to look out for a deputy : and then it is 
what the principal gives the deputy, not what you 
give the principal, that caufes the bufinefe in any 
way to be done ; 

In the inftance of the contradling manager, the 
greater the fuccefsof the management, the ftronger 
the motive he has to do bis utmoft to encreafe it. 
In this infbnce the emolument is in reality a re- 
ward : in diat of the placeman^ only in name. In 
Ae latter cafe, the fcrvice with which the emolu- 
ment is connefled is, not die fuccefsful perform- 
ance of the bufinefe, but the mere aft olf undcr-j 
taking it. 

This is not all. Salary, in proportion to its 
magnitude, not only tends to makeaman^who 
happens to be fit for his buiinef$ lefs and lefs fit, 
but it tends to give you in the firft inftance an un- 
fit man rather than a fit one. The higher it is, tho 
•nearer it brings die oflSce witWn the appetite and 
die grafp of the hunters after finecurcs: thofe fpoik 
children of fortune, the pages of the tmaifter and 
of every minifter, who for having been bom rich 
claim to be made richer* whofe merit is.indieir 
wealth while thdx title is in dieir neceffides, and 

sf boib 



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§. 2 Managemnt — TVfy by Contra ff. 59 

whofe pride is as much above bufinefs as their abi- 
lities are below it. 

If yoa could get a manager for nothing, thou^ 
he will fcrve you lefs badly than if he had a falary, 
he will not fervc you fo well as a contrafior. What 
he gains or faves miry be an am\ifenient> but what Kfc 
lofesor fails to ^in will be no lofe to him. From hk 
defiring the fituation without falary wh^t is certain 
is, that he loves the power : what is not certain is, 
that he loves the bufmefs : Ihould the work at any ttmc 
be too heavy for him he can fhift it off uport any 
body, die power remaining where it was. From 
liis liking the bufmefs while it is a new thing, it 
does not follow that he will continue tohkeit 
when the novelty of it is worn away. From his 
retaining the fituation when he has got it, it does 
not follow that he likes the bufmefs of it, or that he 
likes any bufinefs: for the giving tt up would 
require an effort and the retaining it requires none. 
The chance of extraordinary profit (I mean witli 
reference to truft-management, for with reference to 
common mercantile management it is but ordinary) 
is upon the fame inferior footing as before: and fo 
is the fecurityagainft pofitivc lofe, whether refult- 
iiig froii^ negligence or peculation. In the nature 
D4 of 






40 § 2. Management — fphy hy Contra ff. 

of things is it poffible that a man 'who has no inte- 
rcft in the bufinefs fhould be as much attached to 
it, as zealous to make it facceed, at one whofe all 
depends upon it ? 

The unpaid as well as uninterefted manager 
itands behind all others on another account. The 
more confidence a man is likely to meet with the 
iefs he is likely to deferve. Jealoufy is the life 
and foul of government. Tranfparcncy of ma- 
nagement is certainly an immenfe fecurity : but even 
tranfparcncy is of no avail without eyes to look at 
it. Other things equal, that fort of man whofe 
condudl is likely to be the mod narrowly watched, 
is therefore the propereft man to choofe. The 
contnwftor is thus circumftanced in almoft every 
line of management : he is fo more particularly in 
the prefent. Every contra£ter is a child of Mam- 
mon : a contrafting manager of the poor is a blood- 
fucker, a Vampire: a contrafting jailor, a contraft- 
ing manager of the imprifoned and friendlefs poot> 
againft whom juftice has (hut the door of fympa- 
thy, muft be the cruelleft of Vampires. The un- 
paid as well as uninterefted manager is of aH iforts 
of managers the moft oppofite to h^im who is the 
objeft of this diftmguifhed jealoufy : He expedte 

and 



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^ 2. Management — ffhy by Contrail. 41 
f 

* and receives confidence proportionable : though on 

;V/ feveral accounts not entitled, as we have feen, to fo 

;' much, he enjoys more. A man who in a ftation 

r fo uninviting has the generofity to ferve for nothing, 

while others who occupy the moft flattering fitua- 
tions are fo well paid for it, will affumc to him- 
felf accordingly, and make in other refpedls his 
own terms ; Unlefs the honour of ferving the 
public gratis were generally put up to auftion, a 
plan never yet propofed, nor the more likely to be 
adopted for being propofed, this muft always be the 
cafe. Standing upon the vanta^ ground of di^- 
tereftedttcfs, he looks down accordingly upon the 
7>ublic, and holds with it fliis dialogue. Gentle- 
man Manager. I am a gentleman : I do your buji^ 
nefs for nothing : you are obliged to »^^.-^Public. 
"So we are, — Gentleman Mznzgei. Doyoumindme ? 
— / am I to get nothing by this : — / de/pife money : — / 
have a right to confidence. — ^Public. Sojou have. 
— Gentleman Manager. Fery well then— Leave 
me to myfelf—'Never you mind me-^lUl manage 
every'ihittg as itjhouldife — I don^want looking after. 
'Don't you put your felv€s to the trouble.— '^\SY\c. No 
more we will. — What is the fruk of , all this good 
undcrftanding? Frequently negligence: not un- 

frequcntly 



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42 § 2. Manageftient — fVhy bf Contra^. 

frequently peculation,* Peculation, where it 
happens is not liked : but of what is loft by neg:- 

• It was but t'other day that a vety rcfpcftable focicty, infticut- 
e4 for the moft benevolent of porpofes, loft in this way more than 
half its funds. They were in a fingle hand.— Board*managemeat 
would have faved ihem— »Is board -managemect therefore nece^ 
fary ?— ^By no means. The man in whofe hands they were lodged 
had nothing of his own: no pecuniary fcciirity had been required 
of him. Lq^al powers were wanting.-^^r^tto authority to e^tamirie 
Ha : no court to famtnon him tov He wodd give in no acodnnts : 
perhaps he had kept none. What he had he gave : fine fenrti* 
inents and fine periods in plenty. He was a gentleman : he had 
given his time for nothing : the fame benevolence that had prftmpt- 
cd others to give their money had prompted him to receive it. 
Was fuch a man to be queftion;d ? Queffiont import fuipietom 
Sttfpicion by a man of fuie feeHn^s is only to be anfwered by defi- 
ance. 

Not longagOy another man ran away, having been deteded in a 
courfe of fraud by which he had gained to the amount of fbme 
thoufand pounds at the expence of a piarifh. How cam6 this ? 
He too was a gentleman : ferving the public without pay he was 
not to be fufpe^ed. He gave in accounts from time to time, fuch 
as they were : but, not being publiihcd and diftributed, they were 
acceffible only to a few, who had too much good manners and too 
much fsith to look at themi 

Neither is board-mamagement> even where carried on without 
pay, by any means exempt from peculation. I have inftances ia 
my eye: but what is not public cannot be nrentidned publicly. 
Nor can infhifces be'wanting tty any ofte whohas read the inftruc- 
«l»»bii»»eUad]f»ly Tietr givtki by H|)¥rtirdin')as bo^k on Lasa*' 

retlosy 



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§r 2. Mamgement^^PVhy by Contra^. 43; 

ligence no account is taken. So good are the pub- 
lic, and in theory fo fond of virtue, they had rather 

rcttos, of the ftate of the charities in Irelaz»d« In England, paro- 
chial peculation is become proverbial. 

One of the Scipios, bein^ in a pecuniary office, was called upon 
for his acconnrs. Centlemen, faUt lie, this day fo many 
months, I got a prodigious vi£tory . ■ Scip'to for ever I was the 
-cry, and no aceounts / According to the mob of Scipio*s days, and 
according to the mob of hiftorians of all days, the author of the 
motion was a calumniator : according to others Scipio had a good 
countenance and knew the people he had to deal with. In Scipio*s 
■cafe, were I guilty, and bold enough, I would docxa^y at Scipi<l 
did. Were 1 innocent, I Should regard the obligation pf publiik^ 
ing accounts, not as a burthen but as a privilege. 

A prevailing but erroneous ^ropenfity, derived ftom the times^ 
when the means of publicity were not fo eafy as at preftat, 
js to cramp power and leave the cxercife of it Jn the dark. Every. 
«hing js by this means againft the upright manager, every, thing in 
'favour o£ the corrupt and intriguing one. A board is inftituted, 
confiding of members with powers apparently equal, but af whom 
all but one are reduced to cyphers, by fupport ftcrctlj^whif{>ercd> 
into the ear of one and with-hoUen from the reft. This is ai»o- 
ther inftance that may be added to the ways in which the mifchicf 
'of divifiun is palliated, and a governnient apparently of many redu- 
ced to a government by one. Where in confideration of chava^ler 
«»d iitaatiofi any thing more than ordinary Jn point of confidence 
•j« thought fit to be repofed, removal of clogs and enlargement oi 
jpowers is the proper fhape for it to fiiew itfelf in. As to £fcGrefy» 
there att few affairs or depaitments ladeed in which^ipxcept it be- 

juft 



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44 § 5- Management — WhyrhyCantra^t. 

fee five hundred pounds wafted at their expcnce 
than five (hillings gained. 

Between the public and the candidate for a ma- 
nagement contraft there paffes, or at leaft might be 
made to pafs, a very diflferent converfation. 

Public. Tou are a Jew, 

Contrador. I confefs it. 

Public. Tou require watching. 

Contraftor. PVatchme. 

Public. . fVe muji have all fair and above board. 
Tou muJi do nothing that we don* t fee, ■ 

Contra<ftor. 2>« fball fee every thing, Tou 
Jhall have it in the News-papers. 

Public. ContraHors are thieves. — S/V, you muJl 
be examined* 

Contnu^or. Examim me as often as is agreeable 
toyouy gentlemen: any of you ^ or all of you. l^U go 
before any court you pleafe, Thieves fland upon 
the law J and refufe anfwering when it wouldjhew you 

jiift for the momenC, it can be Richer necefl*ary or of ufe : none at 
all In which the curtain might not and ought not at fome period 
•r other to be drawn afide. And it is one of the advantages attend* 
ing-the encreafed power of the public eye, that the amplitude of 
Afcretion, fo neceiTary in moft inftances to good management, 
auy be given on fiich terms with more fecurity than heretofore. 
^ what 



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§2. Management'^ff^hy by Contra ff. '45 

what they are. I refufe nothing. IJlandupon no^ 
things gentlemen^ but my ownhonejiy^ and your favour. 
If you catch me}doing the leajl thing whatever that 
Jhould not be^ let my Lord Judge fay go^ and out I go 
that injiant. 

Choodng board-management, the Penitentiary 
hGt^ to do it juftice, was as moderate under the ar- 
ticles offalary and influence as it well could be*. Se** 
ven perfons only can be found with ufeleG (alaries :* 

* Seven-^id I fay ?— I was toohafty. I ihould have fald n!ne t 
adding to the feven^ one of the two Surgeons, and one of the two 
Ch^lalhs. Two fexes, two houfes : two houfes, two Chaplains, 
and two Surgeonc. This is trufl-logic, fine gentleman^s logic, 
placeman*s logic— —Contra^ logic is of humbler mould. 

I. As to 5«r£«off{-— Suppofe one fick out of ten : 90 fick at a 
time out of the 900. The fupp ficion is extravagantly large and 
^ beyond experience : but It will ferve for a fuppofition* For tend* 
ing thefe 90 there is the medical afliftant*s whole time : a furgeon 
will attend a greater number than this at anhofpital in addition to 
his private prance. For the mechanical part of the buiinefs he 
might likewife find afiiftance enough if necefiSu'y amongft themoft 
intelligent and orderly of the prifo lers. This is a^ually pra€lifed 
on board the Hulks.— One Surgeon then to make trial with ?m-> 
^^..^Well, but if upon trial of two, one it found fuperfluous— » 
N9 again : the A&. is inexorable. Though the Committee and 
every body elfe fiiould find one of the two ufelefs, two there are to 
be, in fpite of all the world. See § 19. The paragraph putt the 
xaf and decides upon it* 

»• At 



..^nooal p 



46 § ^. Managements^ fV by by Central. 

the two nominal Governors, tbe three who compofe^ 
tiie governing Committee, their Clerk, and the lii- 
{pcdter, in as far as his office regards the Pcnitentiary- 
faoufe. The Governor's and Committee Clerk's fa- 
lary was to be fettled by the Committee : the Com- 
mittee though appointed according to cuAom by the 
crowi^ wei>e to have their falaries fettled by another - 
authority, Juftkres of the Peace in Seflions. The 
Inlpeflbr, an officer to be appointed by the crown, . 
is the only one of them whofe fJary is fixed by 
the A£l: : ^200. a year, a falary moderate enough, . 
if it had been of any ufe^ Even the board, thus 
confined to the fmalleft namber poffible, were \o< 
have no pay but in proportion to attendance : an . 
excellent regulation, which, while it enftires afTi- 

a. As to Chaplains— Divine feivice, Inftead of twice la each - 
of two chapcls,^,four times a day, fuppofe,.in one:— how many Cu- 
rates are glad to do this, befides marriages, baptifms and burials ? 
Obf hut Sunday is but one day. Tou forget tbe «rAtfr^*.— No : 
not I indeed.— -I know who do : but I am not one of thofe. My 
Chaplain would not ftnd left to do on the fix than on the feventh. 
But this is herefy v and what right have I to attribute my herefies 
to tile authors of the Penitentiary Aft. 

But why fervice at different times ? even upon the common - 
flans.— 4n the Magdalen Chapel, is thertxHot a Aumeious company 
«f feiaalet concealed from -every eyet 

duity 



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§ «• Mane^ematt — Whyhy Contrafi. 47 

duity in this bye-comer of the political edifice, is a 
fetire on the reft.* 



* A wor4 or two may not be amifs by way of recapitulation. 
Interefted manageraenty when accompanied by the Safeguard of 
which U is fttfceptible, has the adTsntage of uninterefted msioage- 
fnent however modified : i . In carrying the probability of the 
beft economy to the higheft pitch \ 2. Exciting fcrutiny by thejea* 
loufy it infpires. In tliefe particulars it has the advantage of un- 
interefted, even where the latter is in fingle hands, and thofe un- 
paid. 

Where truft-management cannot be had without falary, con* 
tra^-management may be expeded to have the farther advantage 
«f faring the amount of the falary. 

The inconveniences refulting from falary are : %. Wafte of mo- 
ney : 2. Encrcafe of the influence' of the crown: 3. Tendency 
which the falary has to give birth to negligence % and that partly 
by fetting a man above his buiincfs, partly by throwing him in thc^ 
way of occupations that draw him off from his bufinefs : 4. Ten- 
dency which it has to throw the place into the hands of a peribn ori^ 
ginally unfit for it* 

The farther inconveniences refulting from board-management 
in contra diftiadion to truft-management in fingle hands, are : 
I. Multiplied wafte of money : 2. Multiplied encreafe of influ- 
ence : 3, 4, 5, and 6. .Oetriment to economy by delay, by want 
of unity of plan, by fluauation of meafures and by difagrccment. 

Payment according to attendance is a good fecurity, as far as it 
^ocs, againft non-attendance : (a depofit befides to be returned 
4ipon attendance, would-be ftill ftrongcr j) but ftill it can never put 

board* 



_ ^ Digitized I^^Q Q^i^ 



48 §2. Managetmnt — Why hy Contrafl. 

The contraft plan, I have faid, favcs a world of 
regulations. It does moft certainly — What objeft 
fhould they have ? Prevention of cruelty? Details 
will never do it. If the. difpofition exifts, tie it 
down in one fhape it breaks out in another. Checks 
for this purpofe muft be of a broader nature : broad 
enough to comprehend themifchief in all its forms : 
life-infurance, tranfparent management, fummary 
juftice.* — Prevention of undue lenity and Indulgence ? 
A very little in this way will fuffice. Self-intereft 
is the great check here : it may be trufted without 
much danger : Few indulgences but either coft 

management upon a par with fingle management guarded as above, 
much lefs upon "a par with contrail management. Where the 
mind is abfent or Indifferent} the prefence of the body it but of lit- 
tle ufe. 

To what degree c f perfeflion might not government be carried, 
were it poffible to give equal flrength to the connection between 
intcreft and duty in e?ery other line of fervice ?— Were it poffiblc 
(hat in the adipiniftration df juaice, for inftance^ the Judge, with- 
out any formality, of lav, ihould be a gainer of courfe by every 
right ju.^gment he gave, and a proportionable lofer by every crw 
roneous one?— —•That in the fpiritual department, the pador 
ihottid not only g^y but be feen to gaiA a flep himfelf by every 
fuccefsfttl lift, he gave to any of his flock in the road to heaven, 
and to fuffer for every foul that loft footing by his negligence i 

• What details are-therc on this htad in the law of mafter and 
apprcnt'ce ? 

money 



rCoogle — 



§ 3S Mcmagemenl'^fVhy by Contra^. 4^ 

tnoney, or dlminifli labour* The only danger is, 
left fome which are improper on other accounts 
Ihould he granted for the falce of money : fuch as 
fpirituous liquors,* gaming, and a few others. 
Thefe indeed may he refufed by law : but thefe 
come within a narrow compafs. Economy? — Is 
that the obje6k? Under the contraft-^Ian the idea 
would be too ridiculous. Is it in fpite cf his teeth, 
that a man is to be made to puifue the manage- 
ment that would anfwer heft to him ? 

Under the pJan cf truft-management, fuch care 
may not be altogether fuperfluous. Two qualities 
are requrfite-: intefHigence and induflry. On nei- 
ther head can the legiflator be ahfolutely at his 
«afe. Of himfdf he is fure:: he cannot be equally 
fure of his uiiknov\rn deputy. He himffelf has the 
bufinefs at heart and in his thoughts: whether the 
future manager will jeither -underftand or care any 

* A ^hibltionon thislieadloCerted into the Penitentiary A^ 
jias been attended with the hagpieft confeguences. To thi« cauTe 
principallytifnot fdMy may be attributed the general good health of 
•the convi^ on board the Hirlkst, as noted in Part I. §t4, and of 
thofe at Wymoncflbam. The fuccefs of this fingl^ daufe his 
!snade ample payment to the authors of the Penitentiary A£t for all 
their trouble, and to the public ample atonement for their errors. 

Part II, E thing 



^ ^ „u.iA.] i ;'g i M^fi# 



50 § 2. Management-^Tfhy hy ConlrmB. 

thing about the matter is as it may happen. The 
principal has to teach him his duty, and when 
tai^ht to keep him to it. Is the contraiStor to be 
treated in the fame manner? Yes: if it requires 
the fame pains to make a man purfue his intercft, 
as to keep him to his duty, 

Miftakes If made by legiflation^ cannot they bt 
€erre^ed by legiflation ? — O yes — that they may : 
and fo may miftakes, in generalfliip. In what 
timei With good fortune, in a twelvemonth: 
with ordinary fortune, in two or three years or in 
another Parliament. When the army has been cut 
to pieces, for having been enaiSted to march th^ 
wrong way, get an a£l of Parliament and you may 
opder a retreat. When the capital has been funk 
in a bad trade, get an a£t of Parliament, and you 
jaiay try anotlier.* 

Spite of all this, economy was to be beat uito 
men's heads by a legiflative hammer. Rules of 
economy for almofi; every branch of the concern: 
building, enq>loyment, diet, bedding, furniture — 

^Lookisg at the Governor, and his Goremors, the Committee^ 
I caanot help linking of a General under Fkid-deputiej* One 
iitX if, I believe, the nioftever General Was faddied with, and they 
luve commooly given him fufficient trouble. The General of 
the Penitentiary h& has three fets of them ont above another;: 
ibnding Committee^ Joftictsln SeffioAii and Judges of ABizc« 



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§ 2. Managemertt^'Jfhy by Contra^. 51 

And what comes of it all ? — We fliall fee. — It witl 
1)C worth feeing. Who are they whofc labours, thus 
employed, afre worfe than thrown away ? Arc they 
without name or reputation ? — They are among 
the highefton the lift of public men. 

Notwithflanding ali this pains taken to teach as 
well as to enforce good economy, ihould had eco- 
nomy prevail after all, obferve the remedy. By § 
62, provifion is made for ** checking or redrcffing 
** wafte, extravagant expence and mifmanage- 
** raent.'* Juftices in Seflions upon infpeftion of 
the accounts may report it to the King's Bench, 
*' who fliall take order therein immediately:" but 
the wafte muft be " notorious,*' and the mifma- 

nagement " grofs," Immediately affter what ?-: 

After hearing the report : that is half a year per- 
haps after die " pbfervation^ of the mifchicf, and 
quarter of a year mope perhaps after the commif- 
fion of it ; the delinquency going on all the Triiile. 
Whoever wffl take the trouble to compare the 
times of Quarter Seflions and Law Terms, will find 
that this remedy, fuch as it is, is in feafon only in 
the fpring and winter months, and then is not a 
very fpeedy one. Agaihft ** wafte" at leatft, and 
^'eoctravagant expence," and every mifmanagcment 
E z by 



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52 § 2. Management — Why by Central!. 

by which the contraftor would be a lofcr, the re- 
medy afforded by contraft-management is rather 
more funple, and is in feafon all the year round. 

OA, but this contra^'plan — it^s like farming the 
foor: and what a cruel inhuman praHlce that is /— 
Be it fo in that inftance : the prefent is a very dif- 
ferent one. 

I. The objefts or ends in view, fo far from being 
the fame, arc oppofite. There, comfort: here, 
punifhment : moderate and regulated punlfhment 
indeed, but however punishment. In the one cafe 
whatever hardfhip is fuftained is fo much mifery in 
wafte. In the other cafe, howfoever it be to be 
regretted, it is not altogether loft : it contributes at 
any rate to fwell the account of terror, which is 
the great end in view. 

. 2. Another diflference is in x!tit checks. Here, 
an unexampled degree of ^publicity; — ^there next 
to none. There, though no hardfhips are intended, 
the fevereft may take place. Here, whatever arc 
intended to be felt are intended to be feen : and no- 
thing in that way that is not intended can ftand any 
chance of remaining concealed. Who but parifh* 
ioners, and how few even of them, ever think of 
looking into a Poor-houfc ? But in what comer of 

a Panop- 



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^ 2. Jlianagement — If hy by Contra^. 53 

a Panopticon Penitentiary-Houfe could either ava- 
rice or negligence hope to find a lurking place ? 
Time is fatal to curiojtty, — True ; in an individual : 
but not in a fuccei&on of individuals. The great 
dependence of the Penitentiary- Aft is on a fingic 
Infpeftor: one Infpeftor for the thou/and houfes 
its town was to contain, and who was alfo to fervc 
for the Hulksy " and all the other places of criminal 
** confinement in London and Middlefex," befides: 
*and fo well fatisfied is it with this fecurity as to 
allot £200. a year to pay for it. Let money or 
friendlhip, (no very extravagant fuppofition) make 
a connexion between this Infpe£lor and the mana- 
gers he is to infpe6t, what is the fecurity worth 
then ? — Here to one room you have Infpeftors by 
thoufands. Is it poffible ^at a national Peniten- 
tiary-Houfe of this kind ihquld be more at a lofs 
for vifitors thari the tionsy ^t^vax-work^ or the 
tombs? Of thfe 25,000 individuals born annually 
in London I want but one out of a hundred, and 
him but once in his life, without reckoning coun* 
try vifitors. Call it a fpe£bcle for youth, and for 
youth only: — Youth however do not go to fpec-. 

taclefi alone. 

• § 63. . 

E^3 . 3.. A 



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54 § ?• Managcmtnt-^ffhy hy Contra^. 

3. A third difference xti^Q^^t quality of the 
nifinageFS. For the Poor-houfe of a fingle parifh 
what can you expe£k better than fome uneducated 
ruilic or petty tradefinan ? the tendency of whofc 
former calling is more likely to have been of a na- 
ture to fmother than to cherifli whatever feeds of 
humanity may have been fown by nature. For a 
ftation of fb confpicuous and public a kind as that 
of the Governor of a National Penitentiary-Houfe^ 
even upon the footing of a contraft, men of fome 
fort of liberality of education can fcarce be want- 
ing: meti in whofe bofoms thofe precious feeds. 
. have not been without culture. Such men were 
certainly not wanting for the originally de- 
figned Penitcntiary-Houfe. Upon what principle 
fiiould they ever be defpaired of for what I hope 
I may ft ile the improved one ? In a concern of 
fuch a magnitude, die profit if it be any thing can 
hardly be inconfiderable : the number and quality 
of the candidates may beexpefted to be proportion^ 
able. A ftation that is at any rate confpicuous, andf 
that may be lucrative, a ftation in which much 
good as well as much evil may be done, in which 
no inconfiderable merit as well as demerit may be 
difplayed in a line of public fcrvice, is in little 

danger 



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§ 2. Management*^Why hy Contra^. 55 

danger of going^ a begging. And fhould the effci- 
blifhment be fortanatc in its firft choice, the reptt- 
tation of the fervant will help to raife the reputa- 
tion of the fervice. 

Where then is the rcfemblancc ? not that I mean 
to pafe any cenfureon contraft-management in the 
other inftance. It may be eligible without any 
modifications r it may be eligible only under ccrtara 
modifications : it may be radically and unakerably 
ineligible. All this I pafs over as being; foreign to 
the purpofe* 

Whoever elfe may be Ihocked at the idea of 
farming out prifoncrs, the authors of the Peniten- 
tiary Aft arenot of the number* They approve 
it and adopt it : they confirm it on board the Hulks. 
What is the bufmefs done or fappofed to be doiie 
on board thofe vefiels ? — Scraping gravel from the 
bottom of a river ; — ^a bufinefs in which there was 
nothing that could be gained or loff to any body : 
rtething to buy but neceffarres, nothing to make^ 
nothing to fell : no capital to be difpofed of. What 
Was the bufinefs intended to have been carried on» 
in the Penitentiary-Houfes ? — A vaft andcompfi* 
catcd mercantile concern : — not one manufacture^ 
but a congeries of manufafturcs.r-r-They few be- 
ftwre them two effabliihments : a mercantile and 



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jC § 2. Management'^ ffhy hy Contrn5i. 

an unmercantrle one. The mercantile, afibfding 
peculiar aliment and temptation to peculation h-— 
Shrinking, like every other mercantile concern, 
from the touch of extraneous regulation 5— -rendering 
official and mercenary^ infpeftion the lefs necef- 
fary by the invitation it holds out to free and gra- 
tuitous infpcftorst— pofieffing in that innate faci- 
lity of infpeftion a peculiar fafe-guard againft any 
abufes that could refult from inhumanity or neg- 
ligence.— ^The unmercantlle concern, affording 

in comparifon fcarce any aliment or incitement to 
peculations — containing nothing of mercantile pro- 

jeft that could be hurt by regulation : ^at the 

fame time by the very nature of the place and of 
the bufinefs, excluding all promifcuous affluence^ 
all facilky and almoft all poffibility of fpontaneous 
vifitation: poffefling in confequence no natural, 
fafe-guard againft negligence or inhumanity : but 
radier offering to thofe and all other abufes a per- 
petual fcreenn in a* word, the mercantile con- 
cern, by every diftinguifhingcircumftance belongr 
ing to it, regaling regulation and truft-manage^ 
ment: the unmercantrle one, calling for thofe 
checks, and admitting of them with as little incon^ 
Teniencc as any other that could be imagined.. 

Suchfi 



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^2- Mamgement — fVhy hy Contralto fT 

Inch ate the two cftablifhmcnts. — What were the 
mcxles of management refpediively allotted to them ? 
• To the mercantile, truft-management, board- 



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^t § 2* Jlfanagtment-^^ffTy (y Contralto 

Where there is management that regoktion mighf 
fyoily they reguhtc without mercy: whefc thert 
is nothing to ^il, they abfbin from regukting, as. 
if for fear of IpoiDng it. 

TKe Inlfedor meodoned la the A€t his neter been appointed^ 
No powers whatever axe given him, nnlefs the right of entry 
given by implication is to be called a power* The fame right it 
given to Juftices of the Peace within their territory (§ 41^); 
He was to vjfit and report four times a year* He was to have 
^enough to do befides : for he had the fame powers with regard 
not only to the Penitentiaiy-Houfes^ but all the other <'places> 
f^ of cximinal confinement in l«ondon and Middlefex**^ *§ 6^ 



§3. or 



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4 3* Separation as between the Sexes. 5^ 



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io ^3. Separation as betwem the Sexes* 

jeftion that applies with more or lefs force to both 
thefe expedients. 

It applies with particular force to the cafe of a bu ild- 
ing and eftablifhment altogether feparate. The 
numbers to be provided for being variable, a fixed 
provilion nwift ever be attended with a lofs. The 
fluiSEuation to which the total number of prifoners 
male and female taken together is liable, is a dlf- 
Xmdi objefty for which upon this plan provifion ha$ 
been already made. But the proportion between 
males and females is equally liable to vary and ta 
flufluate. .Provide two eftablifhments, one for 
males and a feparate one for females ; the one 
may be comparatively empty while the other over- 
flows : at the fame time that no relief can be afforded 
by the fuperabundance of room in the one to the 
deficiency of it in the other.* 

• The colonization plan, if itis to goon,.and if it is to be 
•onfiftently purfued, will add a fa^itious caufe of variation to the 
abovementioned natural ones* The arerage number of female 
conviflg is in a large proportion Inferior to that of the males^ 
According to the Penitentiary A£fc it fliould.be at thejnoft only; 
atone to iiX| fince in the Penitentiary Houfe among 900 prifonert , 
there were to have been only 300 females to 600 males, and there 
have always beennrore than twice 900 males on board the Hulks* 
Wtre tlie whole number, of females witlx9ut exce^jtioa fent to ca-v 

loniae^ . 



Digitized by ' 



^ 3. Separation as between the Sexes. 6 1 

The fame inconvenience will ftiU obtain in a 
-greater or fefs degree, in the cafe of feparate wards. 
Whatfoevcr be the proportion fixed, Cells will be 
vacant. in one part, while they arc wanting in th« 
other. 

The beft arrangement were the numbers fuch 
^as tQ need il, and the proportions fuitable, might 
he -to have three Penitentiary Panopticons ; one 
always fiHed with males, another always filled with 
females, and a third to receive, in fuch proportions 
as accident fiimiihed, the overflowings of the other 

lonifc, the number would therefore ftiU remain /arihort of beinjp 
adequate to the purpofe. As far as concerned the female fex the 
only ufe of Penitentiary Panopticon would be to keep them dur- 
ing the interval between one colonizing expedition and another. 
.At oae time then it may contain hundreds j at another time, 
none, unlefs it be the cafe of married women whofe hufbandt 
were not comprifed under a iimilar fentence. I know of no cafe 
that would afford an exception. Not that of womeA paft child- 
"bearing-: not that of thofe in whom that faculty had fuffered a 
.premature extin&ion: efpecially as in the latter. cafe the matter 
of fad does not admit of being afcertained. Even were popula* 
.tion out of the queftion, women would be of indifpenlible 
neceflity for focicty and fervice. In fuch a fituation, every 
thing in the ihape of a woman is ineftimable. Here a crowd of 
fcile^lions prefent themfelves, which howorer mufi be difmifled mi 
aot being to the prefent purpofe. 

twou 



£t § 3- Separation as between the Sexes. 

two* The difficulty here in queftion having n« 
place m eidier of the tinmixcd eftablifliments, I 
proceed here on the fuppodtion of a mixed oiie. 

Conceive fiidi a Panc^icon divided into two 
lides: that on the right of the entrance I call the 
male fide-; that on the left the female. For 
the male fide I jwovide as many male Infpec- 
tors as fliall he found requifite : adding at lead one 
female, whom I ftilc the Matron, for the female 
fide. To each fex I allot a Icpars^ ftaircafe, 
running finom tqp to Jx)ttom. No female i$ ever to 
fet foot on any part of the male ftaircafe : no male 
on any part of the female. Neither is any male in 
pafling from his Cell to the male ftaircafe to pais by 
-any of the women's Cells. He is to come round 
to the male ftaircafe however diftant : and lb vice 
jverfd in regard to females. 

Suppofing females enough to occupy the whole 
■ feoude fide of two ftories of Cells, thus far there is 
no difficulty^ 5 place them in the lower pair of 
Cells, fubjefiked to infpeftion from the main or low- 
•^ ftory of the Infpe^Stion-tower : viz. that which 
is underneath the Ch^el ^uad in which the annular 
dnfpe^kor's GsHery enclofes a circular InfpedicM-'s 
^-.odge. The left hand femicircle of die whole 

circuit. 



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§ 3* Separation as between the Sexe^. 6j 

circuit, Lodge and enclofing Gallery together, I allot 
•to the Matixm, with her female afliftant or affiftants, 
iffuch fliould be found neceflary. The right hand 
I appropriate to the male Infpeflor with his fub- 
ordinates* In the Lodge a moveable fcreen marks 
their refpeftive territories. In the encircling Gal- 
lery a fimilar fcreen or a curtain anfwers the fame 
purpofe.* 

As far ^Jigbt is concerned, two pieces of can- 
vas, hung parallel to each other at about i8 
inches diftance (the thicknefs of the partition-walls 
-of the Cells) acrofs the Intermediate Area and the 
Cell-Gallery^ will ferve effedually enough to cut 
K)fF from the priCbners df each fex all view of thofc 
^f the other, even where the Cells are contiguous. 
In regard Xo/:onverfation^ the m'aleson the one fide 
the feparation wall, and the females on the other, 
jnuft rcljpeiftively be prohibited from approaching 

* It IS fcarce neceflary to obferve, that fcreens and curtiins and 
.«t1ier fuch moveable partitions intended as obftadet to fight mitft 
ht double, or nay be fingle, according to circnmftances* Wliere 
•4he eye meant-to be eluded can gain a near approach, they muft be 
double: otherwife a (lit or a pin-hole would be. fufficient to fru- 
•ftratc the dcfign. When fuch approach ts not to be apprehended^ 
jk fioglcTcreea aiifWers the purpofe* 

% -within 



r ;,(^nAQLhi 



^4 I 3* Separation as between the S^xeSd 

within a certain diftancc of the end of that wall, 
that is, from approaching within that diftance of 
their refpefkive grates : and to enforce the bbfervance 
•of this prohibition, as well as to fave the partiesfrom 
unintentional tranfgreffion, a moveable interior 
jgrate or lattice-Work very flight and very open, or 
netting, may T)C placed within each of the two Cells 
at the requifite diftance from the main grate.* 

As far as hearing is concerned, the feparation, it 
is evident, would be efFefted in a manner ftill more 
fimple and efFeftual, if between the males on the 
one fide and the females on the other, a whole Cell 
could be left vacant. If then the numbers arc 
fuch asto leave any fuch vacant Cells, the vacancy 
will of courfe be left in the fpot where it anfwers 
the putpofe rf feparation^ Should the number of 
Cells ^occupied by females be even, but Itfs tha» 
. the num1)er contained in the female fide of two 
ftoriesof Cells^ the mode of effecting the feparation 
5s almoft equally fimple. The fet of moveable par-- 
titions muft be ihift^d accordingly, viz. the cpr- 
tains croffing refpeftively the Infpeftoi's Gallery, 
ihe Intermediate Area at thatlieight, and the CeJl 

* It muft have a door of the fame materials, with a lock* to i.^ 
ctrrcfpoodiDg to the door of tht exttrltr grat«i 

Z, Gallery 



*** Digitized by VjOOQIC 



"""^^^"^i^PmHMHH 



§ 3* Separailon as hetmecn the Sexes^ 6$ 

Gallery, and the fcreen which feparatcs the Ma* 
tron*s fide from the male fide of the Lodge, 

If the number of female Cells, though ftill even, 
fliouldbe greater than as above, two modes of mak- 
ing provifion for it prefcnt themfclves* One is, to 
enlarge the Matron's fide of that floor at the ex- 
pence of the Male-Infpeftor's, as the latter was on 
the former fuppofition enlarged at the expence of 
the former: the other is to leave the divifion even, 
and take what £irther Cells are requifite for fe- 
males from a higher pair of Cells: parting off the 
correfponding part of the InfpeSion-Gallery, the 
Annular-Well, and the Cell-Galleries, as before. 

Is the number of Cells an uneven one ? The 
mode of effefting the feparation is again fomewhat 
different, though ftill fcarcely lefs obvious than be- 
fore. In this cafe, the female part in one of the 
ftories of a pair of ftories of Cells would extend 
further than in the other: hang the feparation- 
curtain in the Annular Area as you pleafe, a fe- 
male Cell muft be expofed to the view of a male In- 
fpeiftor, or a male Cell to diat of a female one. To 
obviate this irregularity, one of the Cells muft be 
left vacant If the number on the eftablifliment 
ihould be fhort of tlic full complement, it would 

Part II. F be 



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66 § 3* Separation as between the Sexes* 

be only leaving the vacancy here inftead ofelfe 
. where : if it ihould have the full complement or 
more, the inhabitants of the vacant Cell muft be 
turncdover to other Cells, which will thus be in the 
cafe already explained of having a fuper-complemen't. 
On the funk ftory from which the exit is into 
the Yards, and in particular at the exit, the fepa- 
ration is 'ftill more perfeflly efFefted and more 
eafily managed. A fingle piece of canvas let fall 
from the Infpe£lor's Bridge acrofs the Intermediate 
Area does the bufinefs at once. 

Here may perhaps occur, as a di (advantage, what on 
a general furvey appeared in the tight of an advantage, 
that each Infpedtor, over and above theperfeft view 
he has of his own pair of Cells, has a partial view 
of all the others in the fame pile. Hence it will be 
obferved that, notwLthftanding the precautions 
above detailed, a male Infpedlor will have feme 
view of a female Cell: and vice verfa^ though it he 
kfs materiaL,^ female Infpedlor will have a fimilar 
view of a male Cell. The anfwer is, that the 
boundary line, viz. that at which a prifoner begins 
to -be vifible to an Infpe6tor in the Gallery above 
or bdow the one belonging to the Cell in queftioia, 
will appear in practice beyond danger of raiftake. 

Within 



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§ g. Separation as betzveen the Sejteu 67 

Within this line, which may be fuflSciently define^ 
by a very fimple mark, fuch as a rope hung acrofe, 
die female prifoners may be warned and enjoined 
to confine therafelves at ftated portions of the 
twenty-four hours. F^r in regard to fuch an im- 
perfedl and diftant view, decency is the only confi- 
deration that makes it very material to place the 
female part of the prifoners fo compleatly out of 
iiglit ef the male part of the Infpeftors : and it is 
only to certain times and certain occafions that the 
Jaws of that virtue will in fuch a cafe apply. The 
imperfe£l view from a fuperior or inferior ftory <s( 
.the Infpe6lien-part isJn few inftances fo extenfivo, 
but that a female prifoner, in dreffing herfclf, for 
example, or undreflingherfelf,maybe perfectly out 
of the reach of a male Infpeftor^s eye : and ia 
'thofe few inftances provifion may be^made either by 
Jeaving of vacancies, or by interpofition of fcreens 
in manner already ment-ioned. All this while what 
muft not be forgotten is, that a female prifoner can- 
not be expofed in a manner ever fo imperfed to the 
>eye of a male Infpe£tor, without being expofed in a 
much greater degree to the obfervation of one 6f 
Jher own fex: a circumftance which affords fuffi- 
cient fecurity againft any voluntary trefpafles 
F 2 againft 



$t ^ 3. Separation as between the SexeSm 

■gainfl decency that might be committed by a fc-« 
male prifoner, through impudence, or in the de- 
fign of making an improper impreffion upon the 
fenfibility of an Infpedlor of the other fex. 

The fame confideration will ferve to obviate an 
objefkion which the flightnefs of the partitions that 
feparatc'the male from the female fide of the Infpec- 
tion-tower might fuggeft. The great objeft in regard 
tothefeparation of the fexes is that between prifon- 
crs andprifonen: and thatobjeft is compleatly pro- 
vided for. As to what concerns prifoners on thie one 
hand and Infpe^rs on the other, it is only at cer- 
tain times that the female prifoners need, or even 
•ought, to be out of all view of male Infpe(aors ; at 
t)ther times the utmoft that can be r^uifite is, 
that they ihould not be expofed to the view cf the 
Infpefbrs of the oppofite fex, without being at the 
fame time expofed in at lead equal de^ee to thofe 
-of their own. Neither of thefe objeds is more thaa 
what an ordinary attention to difcipline is fufficient 
to infure* 

A due attention to the fame confiderations of 
time and circumAance will be fufficient to 6nfure 
the fame regard to decency in that part of the dif- 
ciplinc which concerns the infpe(Slion of the exter- 
nal 



' ■ni ^ gitize dbyGQOgle 



§ 3* Separation as letw$€n the Sexes. 69 

Halyards. While the female conv'was arc taking 
tlieir air and exercife at one of the walking-wheels, 
an Infpedter of the oppofite fex, efpecially at the 
diftance at which he is placed in the Look-out, is as 
unexceptionable as one of their own. When 
bathing is to be performed by females, it is in 
a yard into which noprifoner of the other fex need 
ever fet foot, and expofed to no other infpe£Uon 
than that of a female Infpe<^r occupying her 
quarter in the Look-out. Or, if neceffary, the 
times of bathing might be different for the different 
fexes, and each Infpe(Jlor might in his turn give 
place to the odier,. quitting the Lodk-out altoge* 
tiier. 

The good Howard exprefles himfelf much dif- 
trefTed to know what to do about making a choice 
between the fexes for the management of a Peni- 
tentiary-Houfe for females.*^ Female rulers mightt 
want firmnefs: in male ones, probity and imparti- 
ality might be warped by the attraftion of female 
eyes. The Panopticon principle difpells. this as 
well as fo naany other difficulties^- Among the 
priibnersj.a coalition between, the fexes would be an 
* On Lazarettos, p. 22 5* ■ 

E3 abufe; 



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7^ § 3* Separation as Between the Sexes* 

abufe: among the Infpeflors, it is a remedy againft 
abufe. The weaknefs of the Matron would find" 
a fiipport in the mafcufine firmnefs of the Gover- 
nor and his ftibordlnates : a weaknefs of a different 
kirrd on the male fide of the eftablifhment would 
find its proper check and corrective in the vigi- 
lance of matronly feverity. As to the Matron and 
her fubordinates of her own fex, it is not furely too 
much to aflume, tfiat for thefe ftations individuals 
will be chofen tO'whom age as well as charafter 
have given an authority not to be fhaken by any 
fuch improper influence. The mixed infpeftion^ 
let it be obferved, 1' fuppofe to be fimultaneous : if 
alternate only, the check would have little force; 
The maleruler would have carte blanche while 
out of the eye of his female colleague. 

Muft the* iron law of divorce maintain through*- 
out the whole of fo long a term an unremitted 
fway? Can the gentle bands: of wedlock be in no 
inftance admitted to afluage the- gripe of impri-- 
fonmcnt and fervitude? Might not the faculty of 
exchanging the firft-allotted companibn for another 
far otherwife qualified for alleviating the rigours of 
feclufion, be conceded with out violation of the 

terms^ 



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§ 3* Separation as between the Sexes. 7 ^ 

terms, or departure from the fpirit, of the fen- 
tence? Might not the profpeft offuch indulgence 
be an incentive to good behaviour fuper-added to 
all that punifhment can give f Thefe are queftions 
to which a humane Manager would furely be glad 
to find (and why need he defpair of finding ?) a fit 
anfwer on the lenient fide. 



F 4 § 4. ^^ 



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Jl 4 4» Separation ints Conrpanics andClqffeH 



§4. OF 4 

ScJmraticMi inta Compames and Clafles. 

A MODE of reparation according to a plan of 
divifion into claffes, bcir^ exhibited in 
Hate in. fomcthing will be expeded to be feid in 
explanation of it. 

As to this part, the draught had two objefk : one 
was, to fhew in what manner the Iiifpe(ftion-prin- 
ciple might be applied in undiminifhed perfefilion 
to an uncovered Area, and tfiat without prejudice 
to any number of divifions which, in what view 
foever, it m'^htbe found convenient to make in it : 
the other was, to {hew in what manner the miC» 
chiefs fo much lamented by Howard and other pri- 
fon reformers, as refulting frompromifcuousaflbci- 
ation, might be diminifhed by a divifion of the prf« 
foners into claffes, accompanied by a local and phy« 
fical feparation correfpondent to that ideal one. 

Diflatisfied with the divifion into clafles, though 
carried to a degree of improvement hitherto with- 

out 



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§ 4« Separation into Companies and Clqffes* y j 

out example, I turned my thoughts to the prefer- 
vation of the degree of feclufionobferved in the dif« 
tribution of the prifoners among the Cells, viz. a 
divifion into fmall arid regulated companies : and 
it was in the courfe of this enquiry that I hit upoa 
the plan of airing, of which the Marching Parade is 
the fcene.* 

The mifchief* in queftion, being by means of this 
plan of airing, obviated, if I am not miftaken, as far 
as the nature of things will admit, all other plans^ 
which fall fhort of obviating thofe mifchiefe ill. 
equal degree, and accordingly the above-mentioned 
plan of divifion into claffes, areconfequentlyfuper- 
feded ; in this one therefore of the two points of 
view above-mentioned, the divifions exemplified 
in the draught are of no ufe, 

A few additional obfervations, for the purpofe of 
placing in the cleareft light the relative eligibility 
of the feveral poffible modes of difpofing of prifon- 
ers in refpeftof fociety among themfelves, may not 
be altogether ill-beftowed. 

The principal and moft fimjJc modifications of 
which the management in relation to this head is 
fufceptible, ftand exprefled as follows : 

♦ See Part I, p. 166, i^fj. 

I. Pronrn- 



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74 §4* Separation info Companies and ClaJJefm 

1. Promifcuous aflbciation. 

2. Abfolute folitude. 

3. Divifion into limited companies^ 

4. Separation correfponding to a divifion inta 
dailes. f 

5. Alternation of folitude with promifcuous af- 
fociation. 

6. Alternation of folitude with divifion into li- 
mited companies. 

7 . Alternation of folitude withfeparation accord- 
ing to clafles. 

Of thefe courfes, the firft ftands reprobated on 
all hands. The fecond 1 have rejeSed for the rea- 
fons given at large in Part I.^ 6. The third is 
that which I have preferred to the fecond, for the 
reafons given in the fame feftion^ The 4th is that 
which occurred to me at firft as preferable to the 
firft and fecond^ but ftands fuperfeded by the third. 
The 5th is that eftabliflied by the Penitentiary A£l 
and the plans which follow it, partly as it fhould 
feem for want of viewing the evil in. its full mag- 
nitude, partly for want of knowing how to obviate 
it. The utmoft improvement to which that fyftem 
would naturally conduit is the exchange of this 5th 
mode for the 7thu The 6th is mentioned here only 

t» 



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I-^I-^^ I .^ 



§ 4. Separation into Companies and ClaJJes. 75 

to compleat the catalogue, its inutility being indi- 
cated by the fame confiderations which (hew the 
fuflSciency of the third. 

Companies and clajjcs — where is the dijiin^ion /'— 
Here. In companies the numbers are determinate: 
in claffes, indeterminate. In the plan reprefented 
by the draught, the claffes, though more in num- 
ber than have ever yet been difcriminated, would 
ftill in an eftablifhment of any magnitude be few: 
but though they were as numerous as the Cells by 
the number of which that of the propofed compa- 
nies is determmed, the divifion according to clafles 
would never coincide with or anfwer the purpofe of 
the divifion into companies. Why? — Becaufc 
the number of individuals in each clafs being effen- 
tially indeterminate, (bme claffes might be empty 
while others overflowed : and in thofe that over- 
flowed the number would confequently exceed the 
meafure pitched upon as the greateft that could be 
admitted without departing from the ends in view. 

Of the feparation according to clafles, as contra- 
diftinguiflied from the feparation into companies 
fecured z% by the 'airing plan, the chief inconveni- 
ences are the two following : it leaves the conviflfs 
ftill, as we have feen, in crowds: and if puflied to 

any 



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^6 § 4» SefaratUn into Comf emits and ClaJJeSm 

any length and carried into efiedl by reparation^ 
walls, it is proportionably attended with a great ad* 
dition to the expcnce.* 

That it leaves the prifoners in crowds is evident : 
for feparatbn according to clailes implies aflbclation 
as between individuals of the fame clafs : of whom 
though the feporation refiilting from the claffificaT 
tion were to be carried ever fo far, the numbers 
would Hill, as we have fecn,. be indeterminate^ 

Crowds among men whofe charadkers have un* 
dergone any fort of ftain are unfavourable to good 
morals*. This property belongs to diem indepen- 
dently of any mifchievous communications that 
may refult from» the qualities of individuals^ They 
exclude refledtion and riiey fortify men againft 
fhame. Refle£tion they exclude by the pofTeffion'. 
they take of the attention, by the ftrength as well as 
variety of die impreflions they excite, by the agitationr 
which is the accompaniment of the inceflant change. 
Their efie£t in hardening men againft fhame is 

.• What fbrtled mc and fhowed me the ncceflity of probing the 

fubje£^ to the bottom was, the being told by an archited, that the 

walls alone asezprefled in Plate III* might come to two or three 

thoufand pounds*. It was high time then to entire what the ad* 

vantages were that muft be fi> dearly paid for* 

hot 
> 



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^ 4. Separation into Companies and Clajpiu 7y 

tiot Icfs confpicuous. Shame is the fear of the dif- 
approbation of thofe with whom we live. But how 
fhould difapprobation of criminality-^ifplay itfcif 
among a throng of criminals? Who is forward to 
condemn himfelf ? Who is there tiiat would not 
feek to make friends rather than enemies of thofe 
with whom he is obliged to live ? The only public 
men care about is that in which they live. Men 
thus fequeftcred form a public of their own. Their 
language and their manners affimilate, A lex loci 
is formed by tacit confent which has the moft 
abandoned iox its authors: for in fuch a fociety the 
«noft abandoned are the moft affuming, and in 
xvery fociety the moft affuming fet the lead. The 
public thus compofed fits in judgment over the 
public without doors and repeals its laws. The 
more numerous this local public, the louder its cla- 
mour, and the greater the facility it finds of drown- 
ing whatever memory may be left of the voice of 
that public which is abfent and out of view. 

In the publications of Howard and other prifon- 
teformers, two forts of affociations I obferved afford- 
ing fo many ftanding topics of regret: mixture of 
debtors with criminals : and mixture of the as yet 
vahardened with the moft hardened and corrupted 

among 



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■^8 §4* Separation into Companies and Claffeu 

among criminals. Other aflbciations might alfo 
■here and there be noticed in the fame view : fuch 
as that between minor delinquents and fuch clafles 
erf" criminals whofe ofiences were of the deepeft die; 
that between convi£led and unconvidled criminals: 
and that between criminals under fentence of death 
and others whofe lot was lefs deplorable. But 
it was in the two inftances fij-ft mentioned that 
the impropriety feemed to prefent itfeif in the moft 
glaring colours. 

In a Penitentiary-Houfe one only of all thefe 
mixtures can come in queftion : viz. that between 
the hardened with the unhardened, the raw with 
the old offender. 

Under the Penitentiary- Aft and the plans of 
management that have been grounded on it the 
condition of the prifoners alternates between the 
two oppofite extremes : a Hate of abfolute folitude 
during one part of the twenty-four hours : a ftate 
of promifcubus aflbciation in irowds during die rcr 
mainder. This plan, it has been fhown, unites the ill 
eflFefts of folitude and aflbciation, without produc- 
ing the good efFefts obtainable from the former. 
To vacant minds like thefe a ftate of folitude is 
a ftate of melancholy and difcomfort ; which dif- 

i comfort 



Digitized byLjOOQlC 



§ 4* Separation mto'Ccmpantes andClaffcL 79 

comfort by the perpetual recurrence of promifcu- 
©us aflbciation is in the way of reformation ufelefs. 
Is is the hiftory of Penelope's web reverfed : the 
work of the night is unravelled by the day^* 

• Scnfible of the inconvenience, the contrivert of the fyflem 
have done what occurred to them in the view of obviating it* No 
two or more prifoners are to work together without a room on pur- 
^fe, and one or more Infpe6kori to attend them* This at work- 
ing-times : while at the times of «'meals** and airings and ^ di- 
vine fervicc'* the plan of fecl'iiion is given up as' unattainable.* 
What can be faid of this ?— — Immenfe means provided, and the 
end fieri ficed, all in the fame breath. Enormous expence, and 
the whole of it thrown away. There mud be as many lodging- 
rooms 3L% prifoners 4 there raajr be as many working-rooms : and 
there muft)>e as many Infped^ors as working-rooms. So far the 
A&. is explicit. Now for inference.— Every thing to counte- 
nance the multiplication of workin^>rooms in this view: nothing; 
at all to limit it : while in the fame fedion fuch care is taken to 
fet limits to the magnitude of the lodging-rooms. It it faid, that 
where th^ir employments will admit they are at working times to 
be kept fep.irate : is it not faid, that they Aaill or may work in fuch 
cafe in their lodging-rooms: lodging-rooms are mentioned atf 
. along as diftinfb from working rooms : and where the employment 
jnay require two perfons to work together, the ** room is to be #£ 
fuitable dimen(ions.'*-*What is the ipference ? that it muft b# 
diftin^ from the lodging-rooms, and ought to be of double the?r 
^e. The declared wifh is that << during the hours of labofr 
they may be kept feparate and apart,*^ as much as << the nature of 

• § 33* 

the 



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8o § 4. Separation Into Companies and Clqffes* 

The diftindlions »pbferved in the formation of 
the clafles will not be altogether loft : they will 
ferve as guides in the formation of the companies. 
For this purpbfc two rules prefcnt themfelves. 
I. JPut not in the fame company corrupt and uncor- 
rupted, 2. The more corrupt the individuals^ the 
lejs numerous make the company. The choice as to 
numbers will be in general between four^ ihree^ 
and two : thefe confiderations may ferve to deter- 
mine it. 

the employments will permit,** and yet wherever th» nature of the 
employment requires two perfons to work together, thofe two 
perfoas are to have a room of fuitable dimenfionSi (as well as at 
teaft one Infpedor) to themfelves. What is the final inference ? 
««-«that to the 900 lodging-rooms there ought to be 450 working- 
rooms, of which no one ought to be lefs than twice as large as a 
lodging-room, and of which (to provide for employments that may 
require an unlimited number to work in the fame room) any num« 
ber may be ever fo much larger* Had the authors meant a jo6^ 
(than which it is certain nothing was ever farther from mens 
thoughts) what could a favoured architedhave wiihed for more ? 

On fuch a plan one of two things muft at any rate take place s 
. aflbciatioa in crowds, (whence a total departure from the profef- 
. fed defign) or buildings upon bvildings to prevent it. The proba* 
. Vility is that both ihould ezift together: thfe evil of the mifchief j 
^nd the evil of the expenfive and inefficacious remedy. The firft 
is indeed a neceifary confequence of the other parts of the plan a 
tad the otbcr^ to a i^reater or left dcgcve it more than probable. 

a As 



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§ 4' Of Separation into Companies and Clajfes. 8i 

As to the principles which determined the cha- 
rafters of the feveral claffes, I took them from the 
fource diat all principles arc naturally taken from, 
common opinion and the autliority of otliers. This 
in the firfl: inftance : but for a definitive choice I 
'have done by them as I do by all jH*inciple$, as far 
as time and faculties permit, I have fubjcAcd them 
to the teft of utility. The bulk of them have 
ftood tliis teft : others have given way. The dif- 
tinftion between old offenders and raw offenders 
amongft males, and that between the diffolute and 
the decent among females are in the former cafe : 
<hat between the daring and the quiet among 
males is in the latter- 

As to the two diftin£l:ioris adopted, I fhall leave 
them on the fame bafis of common opinion on 
which I found ihem. 

The other being rcjefted, fomething in the way 
of rcafon maybe expe£tedto account for the rejec- 
tion. This rcafon will not be long to feek.. ^ict 
or daring is a diflinftion that refpedls fafc-cuftody 
and obedience. But in a prifon thus guarded, and 
under a government thus armed, the importance of 
this diftin£tion vanifhes altogether. Fro;n four- 
no nor from four hundred, were thev all loofe to^ 

Part II. G gether, 



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82 §4' Of Separation into Companies and ClaJJiS* 

gether, and all Hcrcules's, could fuch an eftablifti- 
ment have any thing to fear : entrenched behind the 
furrounding wall, armed and invifible againft the 
defciicelefs aiid expofed, a fmgle female might bid 
defiance to the whole throng. Theleaft number 
of rulers that could poffibly be made to fuffice for 
infpe£lfon and irlftruftion, would' be amj^y fuffici- 
t^nffor maflery. As to obedience, it'follows in the 
moft perfe6l degree from the inability to hurt, the 
expofure to chaftifement, and the abfolute depend- 
ancc in refpeft of the means of fuftenance. In a 
fituation like this, the diftindlion between the quiet 
.and die daring Is therefore obliterated; the m6ft 
tranfcendent audacity being cut down to the fcatit- 
ling of quietnds. 

' What mtfled me was, the appreherifion mahi- 
fefted in the common plans with regard to nodlur- 
nalefcapes, andtheaniciety not to fufFer even two to 
be together during the night, notwithftanding the 
almoft promifcuous aflbciation admitted of in the 
day. If then efcape and rebellion, faid I, are fo 
much to be apprehended, the more daring the cha« 
rafter of thofe who are left together, the greater 
the caufe for apprehenfion : and if the quiet are 
lejft with the daring, the daring nwjr corrupt them, 

and 



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§ 4- Of Separation into Companies andClajJes. 83 

and make them like themfclves. True: — ^but 
a number of men in whom the obnoxious quality 
is already in full vigour will be ftill more formida- 
ble than an equal number in a part of whom only it 
hath as yet taken place. Whatever then be the 
reafon for feparating the quiet from the daring, the 
rcafon is ftill ftionger for feparating the daring from 
each other. But in a place like this, audacity, be 
there more or lefs of it, muft in any cafe be equally 
without eflfeft. The diftinftion therefore is in 
in every point of view of no ufe. 

How different the cafe in the common plans of 
Penitentiary management ! Each Cell is in its inte- 
rior out of view of €very thing- Even fuppofing 
every prifoner feparate, what turnkey or taik-m af- 
ter could be fure of being an overmatch for each 
of them, and not only aii overmatch at the long 
run, but fecure ajainft aflault in the firft inftance? 
Suppofe the prifoners in pairs, what two or even 
what three. of their rulers could look uix)n them- 
fclves as out of the reach of danger ? Any man 
who has no regard for his own life is mafter of ano- 
ther's. In this ftate of defperation, which unhap- 
pily is not without example, a few prifoners might 
be enough to clear a common prifon of its rulers. 
G 2 Houfc. 



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84 § 4* Of Separation into Companies andClaJfes. 

Houfebreakers feemed to be the fort of criminals 
from whom on every fcore the worft was to be ap- 
prehended. They would naturally be among the 
moft daring: they would beamongft the moftfkil- 
fuU and experienced in mifchiefof all kinds and in 
contrivances for efcape. — ^True : and the more for- 
midable when fmgle, the more dangerous, were 
there any danger in the cafe, if left in the company 
of each other. But what becomes of danger, from 
the moft audacious and moft fkilful even of houfe- 
breakers, where there is nothing to favour efcape, 
and every thing to render it impoffible ? 

Having brought the plan of feclufion thus far on 
in its way to perfeftion, let us fee how far and in 
what refpefls it ftill falls ftiort of the mark. Not 
far, I hope : nor will the diftance afford an objec- 
tion, if it be feen that a nearer approach would be 
impoffible. 

One caufe of imperfection is, that among any two 
of the moft experienced in mifchief, neither per- 
haps but might ftill find fome new leflbn of mif- 
chief to learn of the others. The'tra6ls in which 
their experiences have refpeftively run, may happen 
to have been more or lefs different. Therefore tho* 
but two of this defcription were left together, and 

the 



:.Co£)gle 



^ ^ On Separation into Companies and Clajfcs* 85 

the plan of mitigated fedufion by divifion into 
companies carried to its utmoft ; ftill it is not car- 
ried fo far as could be wUhed. 

Another is, the difficulty that may attend the af- 
certain ing the chara6ler of the individual, and con • 
fequently the determination of the clafs to which 
he ought to be referred. 

To the firft objeftion, the anfwer is fhort. If 
this degree of feclufion be not fufficient, there is 
nothing beyond but abfolute folitude. But the in- 
eligibility of that plan has I hope been fufficientiy 
made out.* Evil of abfolute folitude is certain : it 
is immediate : it is intolerable : it is univerfaL Evil 
Fefulting from an aflbciation thus ftridWy limited 
is but contingent: it is remote : it is far from uni- 
verfal . at the worft it is not great. What does it 
amount to ? that one of them may fuggeft to the 
other fome trick he was not as yet matter of. What 
if now and then fuch a thing fhould happen ? 
Whatever communications are made in this way 
will be fooj;i made: and the time in which it woulcj 
be poffible to turn them to account in the way of 
praftice will not come for years. But of tliis 
enough has been faid already.f 

* Sec Part I. ^ 6. f Ib.d 

G3 So. 



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86 § 4- Of Separation into Companies andClaJfes. 

So much as to the fuggeftion of the means of 
mifchief. Is the fuggeftion of incentives any more 
to be apprehended ? — a material queftion : for if 
the propenfity be out of the way, expedients and 
contrivances will die away of themfelves. — What 
fhould the corrupter infmuate ? — That there is no 
danger in guilt ? — But the affertion is anticipated 
and difproved by the very faft of their being there. 
— That there is pleafure in guilt ? — But the plea- 
fure is dead and gone : the punifhmeiit, that has 
fprung out of its afties is prefent in every tenfe : in 

memory, in fufferance, and in profpedl. That 

fhame does not flow from guilt ? — They are fteep- 
cd in it up to the lips. They have a fcomful 
world to gaze at them, and each but one^ two, or at 
moft three companions to keep him in counte- 
nance. 

What other corruptive theme fliouM come upon 
the carpet ? — Debauchery ? — It is not prafticable : 
fio not in any fhape : checks unfurmountable : in- 
ftruments and incentives none. 

Profanenefs ? — nor that neither. Profanenefs 
has clamour for its natural aflbciate : feparated 
from this concomitant it lofes its zeft. Clamour 
thev are abfplutely debarred from : inftant punifh- 

ment 



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§ 4« Q/^ Separation into Compames and ClaJJes, 87 

ment would follow it. But who ever whifpers an 
execration or a profane oath ? What is an exccra- 
tbn, what is a profane oath? Morally ijpeaking a 
mere vulgar exprcffionof . anger, or ail abjuration 
of reftraint.* But is thisa place where :angec can 
be gratified or find vent ? Is this a place where re- 
ftxaint can be thrown off? — ^To check fwearing is 
to check anger and audacity, and to check anger 
and audacity is to check fwearing. To apparent 
fubmiflivenefs they will be forced: and after a 
time, from apparent fubmiflion real willenfue. 
Men become at length, what they are forced to 
feem to be. . Propenfities fuppreffed are weakened : 
and by long continued fuppreffion killed. 

A more, confolatory, a more inviting, and as it 
fhould feem,.a much more natural topic ofcon- 
verfation, is the melioration of their lot prefent 
and future : how they fhall earn mod by their 

♦ A kind of Interjedlion. As there are interjciflioiisorgjcief 
and of furprize, fo there are inteije^licms o( anger and audaciCv : 
and thefe interjedions are what are cal ed C4/i>;^ and fo forth* 
This obfervacjon, while it places the moral mifchieTouCnefs of 
an exprrflion of this caft in a fomewhat new and perhaps not un- 
ioftru£tive point of view, (hews what ground there is for making 
them the objeOs of prohibiticn and temporal pu . iihmenf, mm 
tfpecially in fach"* phc?. 

woric, 



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88 § 4' Q/" Separation Into Companies and Clajjes* 

work, and what they fhall do with what they earn, 
now that they can do nothing but work, and that 
diffipation in every fhape is impoffible, and all 
means of it out of reach : how to make the beft of 
their prefent fituation while it lafts : how to em- 
ploy the diftant though longed for period of their 
relcafe, in fuch projefts of produftive induftry and 
innocent enjoyment, as their recovered liberty will 
allow of, and as it would be among the objefls of a 
good plan of management to hold up to them and 
to facilitate. To be engrofled by the prefent mo- 
ment is among the charaftcriftics of that loweft 
clafs of individuals, among whom the fpecies of 
guilt which lead to this mode of punifhment are 
moil apt to be found : it is in a more efpecial man- 
ner the ch«ra(9er of fuch of them as hive a£lually 
fallen into thofe fnares. The force as well as evil 
cfFefts of this proi^nfity ftand demonftrated by the 
very aft by which they fell; being in one inftance 
fo powerful, is it rational then to conclude that in 
another it will be of no efFeft ? Where a caufe is 
one and the fame, fome degree of uniformity can- 
not but be looked for in its force : where its efitfts 
happen to be on the ^vil fide they ought to be look- 
ed out for, and provided againft : but neither are the 

good 



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^ 4* Of Separation into Companies andClaJfes. 89 

good, merely bccaufe they happen to he good, to be 
thrown out of the account and regarded as impof-. 
fible. — No : — as it was the interefl of the moment 
that ruled him in the one cafe, fo will it in the 
other. When that irrefiftible prompter beck<med' 
him into the track of guilt, he fell into delinquen- 
cy : now that with a much fteadier finger it points 
to the paths of innocence he will confine himfcif 
to thofe paths. 

Reformation, therefore, mutual reformation 
/eems in fuch a ftate of things happily much more 
probable than encreafed corruption, even among 
thofe who are already the moft corrupt and har- 
dened. 

This nearer and lefs gloomy view of the proba- 
ble future, I would wifli to recommend to the at- 
tention of thofe defponding moralifts, who led 
away by general and hafty conceptions, look upon 
the reformation of a thorough-bred London felon 
as an objeft altogether hope lefs. Had delinquents 
of this defcription been frequently feen under fuch 
a courfe of difcipline, and the refult had been thus 
unfavourable, the defpondency would have ground 
to ftand upon. But in what inftance has an engine 

of 



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90 § 4- Of Separauon into Companies and Clmffes. 

of any thing like fuch power ever yet fliown itfelf 
to human eyes ? 

Should feciufion pUflied to the very verge of ab- 
folute folitude not yet promife enough, will colonic 
nation promife more ? Turn to New South Wales : 
2000 convidts of both fexes and 1 60 foldiers (not 
to fpeak of oflScers, jumbled together in one mafs, 
and mingling like beads: in two years, from 14 
marriages, eighty-feven births : the morals of Ota^ 
heite introduced into New Holland by the medium 
€)f old England.* 

♦• S«e Governor Philip's Account of the Settlement, 4.10, 179 1^ 
R'.pi viii, 67. Mr. White's ditto, 410, 179c, and Extradls of Letters 
•od Accounts printed and laid before the Houfe of Common»^ 
ia pusfuance of- aiv order of April 8thj 179T, p. y 



% 5. EMVLOr- 



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§ ^ Em^le^ment.^ 91 



$5. EMPLOTMENT. 

OF what nature (hall be the employments car-' 
ried on in this houfe ? of what quality^ ii> 
confequence, the labour exadted of the prifoners X 

2. In what quantity fliall that labour be ? 

3. How much within the day? how many and 
what working hours P 

4. Any more at one feafon than another ? and 5f 
to at what feafon ? 

5. Any difference according to length ofjiand-* 
big? i. e. according to the Ihare which has 
elapfed of each man's refpeSive term ? 

To each of thefe queftions I will endeavour to 
find fome anfwer. Not furely in every inAancQ 
with the view of fettering my contra<9:or : nor in 
any inftance, is it for his fake that I fhould think 
of encroaching upon his free-will : b\it it will do 
him no harm at leaft to hear what I have to fay to 
him in the way of fuggeftion or advice. Beyond 
advice I fhould never think of going with hin^ 

in 



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^Z §- 5. Employment, 

in that view, though I were armed with all the 
powers of law: fmce the more inconteftible the 
goodnefs of the advice, in the fliape of advice, the 
more palpable the inutility of it in the fhape of 
obligation. 

Ofthefe five rules, third, fourth, and fifth arc 
itiferted here principally in deference to the Peni* 
tentiaryA£l: the fifth in particular, is ofie which 
would never, I confefs, have gained entrance into 
my imagination, but through the medium of that 
ftatute. 

I. Of what quality ? To that queftion I muft 
give three anfwers. 

1. The moft lucrative (faving the regard due to 
liealth) that can be found. 

2. Not one only, but two at kaft in alterna- 
tion : and that in the courfe of the fame day. 

3. Among employments equally lucrative, fe- 
dentary are preferable to laborious. 

I. What then are the moft lucrative, will it be 

aiked? — Who can fay ? leaft of any body the 

fcgtflator. Sometimes one fort, fometimes ano- 
ther. No one fort can poflibly, unlefs by dint of 
fccrecy or legal monopoly, ftand in that predica- 
ment for ever. But there are thofc which are ef- 

fentially 



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§ 5' EmphymenU 9^ 

fentially difqualjfied from ever ftanding in it. 
They arc thofe, as we fliall fee, which ftand fore- 
moft on the lift recommended by the Penitentiary 

Aa. 

2. Thus far however may beanfwered indie 
firft inftance : — No one fort at any time : two at 
leaft fhould fucceed one another in the courfe of 

the fame day. Why ? becaufe no one fort will 

anfwer all the conditions requifite. Health muft 
never be negle6ted : the great divifion is mtofeden" 
iary and laborious, Confalt health, a fedeniary 
employment muft be fweetened every now and 
then by air and exercife : a laborious employ ment, 
by relaxation. But exercife is not the lefs fervice- 
able to health for miniftering to profit : nor does 
relaxation mean ina^ion : when ina6lion is neccf- 
fary, fleep is the refource : a fedentary employ- 
ment is itfelf relaxation with regard to a laborious 
one. And though the body ftiould even be in a 
ftate of perfefit reft, that need not be the cafe widi 
the mind. When a man has wcu'lced as long as 
without danger to health he can do at a fedentary 
employment, he may therefcM-e add to his working 
time, ^ by betaking himfelf to a laborious one: 
when a man has worked as loi;^ as yfithiqut pain 

and 



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94 f S- EmploymtnU 

and hardfhip he can dcrat a Islborious employment, 
he may Mvork longer by changing it for a fedentary 
one. No one employment can therefore be lb 
profitable by itfelf as it might be rendered by the 
addition of another. Mixture of employments -then 
•would be one great- impro\'ement in tlie economy 
t)faprifon. 

In the mixture thus made, which of the ingre- 
•idients, fuppoling them on a par with refpedt to 
profit, ought on other accounts to predominated — 
The fedentary, and that upon two grounds: 
tconomy^ and peace. The harder the labour, the 
more in quantity and the more nourifhing in qua- 
lity the food requifite to enable a man to go 
•through with it. At the fame time the higher 
fed a man in fuch a fituation is, the more robuft and 
formidable he will be in cafe of his becoming re- 
fractory, and the more likely to become fo. 
Among men in general, but more particularly 
among men of a defcription fo untamed, a daring 
temper is the natural concomitant of a robuft 
frame. A blackfmith or fawycr will naturally 
■ require more food, and that of a more fubftantial 
kind, than a weaver, aftay-makcr, or a taylor. 
Thi3 latter cfXifideration, it is true, refers only to 

the 



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§ 5* Efnpioyment. 9^ 

the common plans 1 in a Panopticon, be the pri- 
foners well or ill feci, ftrong orwealc,' the peace of 
the houfe is equally fecure.* 

• I forget what little tyrant it was of Greece, wbofe policy, we 
are told it was, in the view of keeping his fubje^ls quiet, to en* 
-courage them to betake themfelves to unaihlet'c occupations: in 
7the 'language of the good cli<:ut throat morality, effeminate ones. 
1 have takei a leaf I co«ifefs out of that tyrant*s bo»k ; the ap« 
jilication I m?ke of it will not, I hope, be charged with tyranny. 

In my liumble way of thinking, * the facility of ftifllrg difpofi- 
nions unfavourable to fee urity, is preferable to the glory of fubdu- 
<ing them, or the nece^'y of punifhing them. 

Among Jaborious employments the greater part arm the body : 
all arm the mind. Why ^ive any unneceiTary encreafe to the 
■force which it is ycur great ftudy to keep in fubjeftion? The 
Tnore aftive, fhe ftronger : and the ftronger, ttie morrungovern- 
table. Vigout- and cour>ge in a felon <conftitute the clanger and the 
vweaknefs, as in tl^e ^ood citizen they doiche ftrength aid fecu* 
rity, of the fl ate. 

All this, be it once more obferred^ regards the common plant 
mfre'y. In a Panopticon I (hould not care how robuft my pri- 
.foners were : i.or evei) how they were armed, fp it were not with 
^re-arnss. In a common Penitentiary-houfe, in the fort o 
prifon built by the Penitentiary Aft, the difference is no trifle. 
There they are to be in crowds : a fingle turnkey or taik-mader to 
watch over them » he in^lofed in the fame room with them, and 
.without any thing to keep them at a diflance: they furoiihed 
with tools and materials for hard wo.k, convertible into weapona 
of offence: the room clofed and fcrcened 'from view like other 
rooms \ afliftance out of view and o«t of reach* 



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^6 § 5* Employment, 

Mixture minifters to economy in other ways : 
-it helps quantity : it improves quality. By variety 
it renders (each lefs irkfome : but the lefs irkfome a 
man's work is to him, the more as well as the bet- 
ter he will work. 

Could a man be made even to find amuiement 
in his work, whv fliould not he ? and what fliould 
liinder him ? — Are not moft female amufemcnts 
works ? Are not all manly exercifes hard labour ?* 

2. How much in quantity ^ — Of courfe as much 
as can be extrafted from each without prejudice to 
health. The queftion is already put : the anfwer 
already given : it is given by the rule of economy : 
it is given by the rule of feverity : nor is there any 
^king in the rule of lenity to contradiift it. What 
then fliould be the working-hours ? As many of 

• It is an obfcrvation made fomewherc, 1 think, by Locke, in 
))is book on Etlucation, that fur children amufement is to be ob- 
tained not lefs effe£lually fiom cheap and prcfitible occupations 
than Irom unprofitable and expenfive ones. A recommendatK)n he 
accordingly gives is, to make a point on all occafions of giving to 
employments of the former dcfcription the preference over thofc 
of the latter. If the propriety of the preference is indifputable 
whh regard to youthful innocence, ho\v much more palpably fo 
*in the cafe of malefa£fors,-whofc occupations are to be allotted to 
tfacin ia the way cf punifhmcnt for their crnnes ? 

the 



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§ jf. Emptoymefit^" 97 

the four and twenty as the demand for meals and 
flccp leave unengaged. 

Would the number be too great to be fpent in 
an employment of the laborious clafs? Give the 
furplus to a fedentary one. Suppofe then two 
employments of the different clafles equally pro- 
ductive : and that the laborious one is too fatiguing 
to be continued during half the number of the 
working hours : what is to be done ? — Take away 
from this employment hour after hour and transfer 
them to the unlaborious one: do this, till there 
remains no more of the former than a man can fill 
up in that manner, without being debarred by the 
fatigue from beftowing the whole remainder of the 
dtfpofable time on the fedentary employment. ' 

To what imaginable good purpofe, even in the. 
way of amufement, could fo much as a moment of 
abfolute inadlion ferve ? To converfatlon ? But 
what fhould hinder their talking from morning till 
night if they are difpofed for it ? — ^J^ot meals cer- 
tainly: No, nor work neither: few laborious 

employments exclude converfation, and fcarce any 
fedentary ones. 

3. More hours at one feafon than another ? 

Another qnellion already anf'Cvered : and anfwcrcd 

Paut II. H 



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i|i thenegativ<;, Inallfe^as as n)tudi9$m«y 
be : therefore at no feafon more or left tb2«i j^.^iwitv 
t})er* Lefsc^ die laborious peihaps at cHie time 
t|ian another ; viz;. l^fs riQw. and then, when the: 
beat of the \yeatherjs fuch as to render the labori- 
ous; employn^e^t top fetiguing: but then fomucb 
the more of the fedentary. Now ai;Kl then the heat 
may be fo great for a part of the twenty-four hours, 
that almoft any fort of bodily exertion would be 
hardlhip. Be it fo: — but if this cap happen 
at any time, it is only by accident: it is not* 
the effeft of the feafop, but the event erf* the- 
day. And though the body reft, it is no reafon- 
why the mind fhould lie in wafte. Though it^ 
be too hot for inftanceto weave, it will hardly be 
too hot to wiite, to read, or hear, a leflbn* 

4, Fewer hours, or lef^ \york dpne.in tl^ time, 
at one AtgxtQ oijianding in the prifon than at ano- 
ther? — Why fhould th^re? or, cpnfiftently with 
the rules alreadyJaid dowrn can.thejre.be? At;, 
cvjery period as much worJ«<. as cap be obtained, as; 
great a part of thg l^^ntyrfour^empJoyed jp wopk*, 
as confiftently with the above limitatiop, cap be.: - 
therefore in every part the fame- 
Thus fays plain humble economy. — What fays . 
the Penitentiary Aa?— We fhall fee.— The .fctft 



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§ 5. Erhphyment. 9^ 

feiAg it dees is «c> fet otit with a wrong bbjeiS : la- 
Sour for kbour*s fake— Had economy been the 
mark, the dcmamfeof lenity, as well as of due feve- 
lity, might have been aH along fatisfied #it1i little 
»OQble and without an^y expsnce. Abandoning 
Ac firft, it attains neither of the other two : aiming, 
fbmetimes at the fecond, fometimes at the third, 
it attains neither. Vaft expence in ftraining the 
difcipline, and it is inordinately relaxed : vaft ex- 
pence in i^kxing it, and it is intolerably fevere. 

At the firft ftep, economy is kicked out of 
doors; Two clailes of prifoners : two clafles of 
ttnploymcnts : one re<Juiring the moft violent ex- 
ertions, theother,none. Whether a prifoner fliall 
be put to the one or to the other is to depend — upon 
what ? — ^the money to be current ? — No : but upon 
♦* age, fex, health, and ability" — age, fex, health, 
ind ability, and nothing elfe. What is the pro- 
fefied objeft ? — Profit ? — No. — Hardnefs^ fervUity^ 
drudgery — and there it ends. — " Every*' prifoner 

is to be " kept" — yt^-^every prifoner fo 

far as is confiftent with ** fex, age, health 

** and ability, to labour of the hardeft and moft 
'** fervile kind, in which drudgery is chiefly re • 

*' quired" ^fuch as ** treading in a wheel. 

Ha ** drawing 



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lOO § 5. Employment. 

** drawing in a capftcrn," and fo forth : " and 

^* thofe of lefs health and ability, regard being alfo 
?* had to age and fex, in picking oakum, weaving, 
^* fpinning, knitting, or any other lefs laboriousem- 
** ployment." — [^ 33.] How many then are to be 
employed in the fedentary fort of employments ? — As 
many as can be employed to greater advantage than 
in the other ?— No : but thofe and thofe only to 
whom for want of health and ability, the " hard,'* 
and ** fervile," and " drudging" work cannot be 
given. No picking,no weaving, no fpinning, no knit- 
ting, though orders came without number for that 
fort of work, and not one for the labour of the 
capftern or the wheel. It is to be a mere Cathe- 
rine wheel, or an Ixion's wheel : a mere engine of 
punifliment and nothing elfe^ Two modes of em- 
ployment prefent themfelves: the firft as hard 
work again as the fecond, the fecond as profitable 
again as the firft; the individual equally free 
for either — What can be done ? either the un^ 
profitable one muft be given him, and the profita- 
ble one rejedlcd, or the principle of the Aft depart- 
ed from, and its injunftions flatly difobeyed. 

We are told fomewhere towards the clofc of 
Sully's Memoirs, that for fome time after the de- 

ccafe 



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§5* Employment. lOi 

ceafi: of that great and honeft miniftcr, certain 
high mounts were to be feen at no great diftance 
from his houfe. Thefe mounts were fo many mo- 
numents of his charity : for thofe of his economy 
ftood up6n very difierent and more public ground. 
The poor in his neighbourhood happened to have in- 
duftry to fparie, and the beft employment he could 
find for it was, to remove dirt from the place where 
it lay, to another where it was of no ufe. 

By the mere force of innategenius, and without 
having ever put himfelf to fchool to learn economy 
of a French miniftcr, a plain Englifh jailor, whom 
Howard met with, was feen pra£tifing this revived 
fpccies of pyramid architedlure in miniature. He 
had got a parcel of ftones together, (hot them down 
at one end of his yard, and fet the prifoners to lug 
them to the other: the talk atchievcd, now lays he, 
you may fetch them back again. Being alked what 
was the objedl of this induftry, hisanfwer was-^— 
*♦ to plague the prifoners.*^ This hiftory is a para- 
ble : this governor, the type of our legiflator. Aik 
him, what is work good for? anfwcr — to plagite 
prifoners P''^ - , 

* Howard on Lai arettotf p« 147 •—I beg the Jailor*! pitdoa : 

what -»5 above wasVrom memory : his contrivance was the fetting 

H 3 them 



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102 § 5- Employrmnf. 

We hare feen the cofi/fant benefit of fkltsrna^ 
iion. — What fay;s the Aft ?-^Laborious with la- 
borious, fedentary with fedentary, if you pleafe. — 
Sedentary with laborious ? — Yes ? if you c?n make 
a prifoncr go backwards an(J forwards from conftir 
tution to conHItutipq, from fex to fex, a«d froni 
?ge to age. — We have feen the occajional benefit 
of change. What latitude does the ASt allow on 
this head ? — The fame. Should a greedy <3overnor 
attempt in either way to fipuggli econoiny into 
the houfe, the rigid bar^d of a Comrnitteernwin^ or 
;irv Infpedlor, or a vifiting Jufticc, might pull 
liirp by the flecve and fay to h}m, 5/V, ihis t^ufi 
n^t be:^^it is contrary fo law, Xpu may put thofe ef 
fkf one clafs to tread in c^ wheels dicaw in a c^pftern^ 
fa^np Jioncj pol'i/h mpriky beat hemp^ rqfp l^gw^^t 
f bop rajs f or make cordage^as yois plfq/^ : yf^ may 
fit tffe others to pick oaktim^ vjtav^fiftksyfpin jwra^, or 
ixif nfts* — JButinot^i Sir.^ thft by him who ijfor.th^ 
i^pfienn tfr tke wh^c/i no nets ^f-fp be kmt^ ya^^ to be 
/^MU^fysJh^Mhe fuovM^ fr oak^tfi Uib^ picked, ff^if^ 
(k! (^I^J9p^ ^f^V^ bas hoivem till he fofi k^^fn^ 

them to faw wood with a blunt faw, made blunt on purpofr. The 
tcK«teit of mouats vitn a Coajmttcf ef JvAkct. 

moretr 



dtyGOGgW- 



I 5. Employ meni* 103 

niGrey he is to Jit y //V, orjiandjilll and lounge : wheh 
he who has beenpiciing oakum is in want of air and 
exercifey he may go and take a walk ^ provided his 
walking hour be come^ and that nti other ufe be made 
xf it. And mind, Sit-, that a man of the wheel walk-- 
ing ea/i be not turned (wcr to oakum picking \ although 
all the wheels Jhould be engaged, or although there 
Jfhould be a demand mvre than can be fuppliedfor 
the oakum and none for the labour ef the wheel. 
■ ■ ■ For knowj Sir^ that we are in Hindojian: 
£ramah has fpoken: the cajls muft not be coH^ 
founded, 

Imagindtioh ! imagination f^—ns if thei'e '*ivere a 
Vuagijhaie iri the kingdom that could hdld fuch lUn- 
gua^e.-^O yes, many : patience and we lliall fee. 
Mean time, does not the Aft fay all this ? — What 
doej it fay then F*-*-^ What is the obje<9: of the 
clatifej or what the ii-fe of it ? 

What ts at the bc^dtn of this prediledtion for 
hard labour ?-— Somtd-^The lalKrar is made hard 
that it tm.f be c/^/Myfer^f; and it is called AflSrrf^ 
that it may be frigbtfbl^ for fear men ih^wM fell in 
love with it Hard bbour W^sthe^wrigi«»lob* 
yt&. The «itor' is no tiev«r one: Sfiitances of 
Qomtnfiltiient' to* hkd labour* are as freqoidnt in 
H4 our 



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I04 § 5. Employment. 

our penal code as the execution of them has been 
rare. It is no peculiar one : it is to be found upon the 
continent as well as here. Dutch Rafp-houfe — Fle- 
mifli Maifon dt Force — every thing imprcficd the 
mind with the idea of hard labour. Houfe of hard 
labour was accordingly the original name. Houfe of 
hard labour^ it was fuggefted by fomcbody, is a 
name by which no houfc will ever be called, and 
the well-imagined word Pemtentiary-houfe was put 
in its (lead. But though the name was laid afide, 
the impreffion which had fuggefted that name re- 
mained in fiDrce. 

The policy of thus giving a bad name to 
induftry, the parent of wealth and population, 
and fetting it up as a fcare-crow to 'frighten 
criminals with, is what I muft confefe I xannot 
enter into the fpirit of. I can fee no ufe in mak« 
ing it either odious or infamous. I fee little dan- 
ger of a man's liking work of any kind too well : 
nor if by mifchance it fhould fail of providing him 
in fuffering enough, do I fee the fmalleft difficulty of 
adding to the hardnefs of his lot, and that without 
any additions to the hardnefs of his labour. Do 
we want a bugbear ? Poor indeed muft be our 
invention, if wc can find nothing that will ferve 

but 



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§ 5* Employment. 105 

but intJuftry ? Is coarfe diet nothing? Is con- 
finemcflt, is lofs of liberty in every fliapc nothing ? 
To me it would fecm but fo much the better, if a 
roan could be taught to love labour, inftead of be- 
ing taught to loath it. Occupation, inftead of the 
prifonerVfcourge, ihould be called and fhould be 
made as much as poflible, a cordial to him. It is 
in itfelf fwect in comparifon of forced idlenefs ; 
and the produce of it will give it a double favour. 
The mere exertion, the mere naked energy is 
amufement, where loofer ones are not to be found* 
Take it in cither point of view, induftry is a bkC- 
fing — ^why paint it as a curfc?* 

Hardfabourf^abour harder than ordinary, in a 
prifon? — not only it has no bufinefs there, but a 
prifbn is theonly place in which it is not to be had. 
is it exertion that you want? violent exertion? 

• The Chertlier Paulet^t Tiews on this head fnit ^tX/et^ I miift 
CDflfefs, with:mine. In his eftabllflitnenc, a capital article in the 
penal lift it the puniihment bf ibrcad idleaeft % and without dm- 
ding his boys for the purpefe into two claffet and three claies, or 
pliguing his managers with goTerning Committeet,, he coatrirea 
to render it fufficiently uncomfortabre* See an ioterelling at- 
tount of the eAabliihinent of that gutelottt and intcUig^nt fiUn* 
fhr^jft }n the Repofitory^ vol . i • 

rewaid 



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JLO^ f 5- Enrploymenu 

reward not punifhment is the office you tnuft ap- 
fkly to. Compulfion and flavery muft in a race 
like this be ever an unequal match for encourage* 
jnent and liberty : and the rougher the ground the 
xnone uno^ual. By wb^t contrivance could any 
man be Hiade to do in a jail the work that any 
common coal-heav/er will do when at large ) ' By 
what ^compulfion could a porter be m^ Id cany 
the l^urlben which he would carry with pleafure 
^rhalf a crowni He would pretend to iink uxider 
k; and how could you dete6l liimf Perhaps he 
nvmdd fink under it.: ib mudi does the body de-** 
pend upon tlie mini. By what threats could yon 
^m^e, X man walk &ur . hundred miles, as Powell 
ilid» in fix ixjs} Give up thfn the paffioa lor 
]Pei3ntenjt]ary hard labour, and among enxplqyments 
cipt , unhealthy put* up with whatever is moil pro- 
du£Uve. 

. . Jt is,.^o this grilaii phantom of hard labour that 
MonomyJiowever is faoi£ced in a thousand fha^s^ 
Tfttfei feted, thoii^lbeyA]0uId be lofing ones: 
Voitin^-hours, half, as wefcallfee, ftruckoffat 
jti^e^K^: t;hen,a confiderable ihareof the rer 
JmilMig^PittaWtj:. tbM^^aflaiaadQuhkOfase: la<» 



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§ 5* £tnploymentji iql 

borjous employments prefcribcd to the exclufion of 
fedentary ones : employments which demand much 
food to the exclufion pf thofc which require but 
little : and after all tbefe facrifices, and all this 
regulation, pipre regulation added, by whidi it is 
made impofEble, as we (hall fee, to have hard la- 
bour as^h^d h^re as elfewherc. 

As to the general complexion of the employment 
the Aft as we have fcen is peremptory : as to the 
particular fpecie?, it cpnteiits itfelf with recommen- 
dation. But even recommendation bad mucH 
better have Jbeen Jet alone. Bad or gop^, a recom- 
mendation in fui::h a matter ha$ no bufmefs in a 
Ia>v. B^d^ it is pernicious : good, it is unnecefiary* 
Is apt Aft of Parliament a plage to fay to a man, 
^/r, hfTf is trade which will anfiifir your purpoje f 

Good when given, it will be bad foon after. Two 
things, 9nd two things only, a fecret and a mono- 
poly* cat) giv9 to any fort of trade a permanent fu- 
pcrbrity of advantjige. Bad, it is ppfitiVely pemi- 
cioi^s : it is not (Imply pfelefs. B ecommendatioii 
felling from (iich a height acquires force, and has 
the^flfeftof aeomtpand. We (hall fee it has.' 
I7i)^vnately,th^ recommendations giv^n herearft 
Bot only bad in the details, but iad in principli^ 

Bad 



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lo8 § 5. Employment. 

Bad in principle, by afluming that human force when 
ieparated from human reafon is capable of being 
made ufe of to advantage. Bad in detail, by exhi- 
biting among the modes of giving application to 
human force, fome that arc peculiarly difadvan- 
tageous. 

In the firft place, bad in principle. There arc 
two modes of applying human labour : one is where 
the talk of generating the force and that of giving 
direfiion to it are the work of the fame man : as in 
common fawing performed by hand : or turning in a 
foot lathe. The other is, where the tafk of produce 
tion is performed by one man and that of dire^ion 
by another : as in a turning lathe turned by a de- 
tached wheel. In the latter way human labour, 
when employed for the mere purpofe of labour, 
can never be employed to advantage upon a large 
fcale. Why ? becaufe not to mention wind, water, 
and ileam, there are always animals to be found, 
any one of which may be , made to generate more 
force than many men, without cofting fo much to 
kecjp as one. If then all the brute force you want 
is no more than what a fingle man is enough to 
generate^ human labour niay fo far be employed in 

• . that 



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§ 5« Emphyment.^ X09 

that way to advantage : for you cannot have a 
beaft to work without employing a human crea- 
ture, ^ boy at leaft, to keep it to its work.* But if 

* The inftance of a turnfpU dog is an exception : but the force 
that can be generated in that way, is but fmall^ and that for no 
long continuance* 

Could an elephant be made to tread in a wheel in the fame 
manner? If he could, here would be a fource of mechanical 
power not to be defplfed in Hindoftan. Whether it could ever 
be worth while in an economical view to keep an animal of this 
fort merely for that purpofe is another confideration. But where* 
ever elephants are kept already, either for military purpofes or fof 
(how, their labour, could it be employed in this way at all, might 
be employed to very confiderable advantage. If, at twice or thrice, 
an elephant could be made to walk in this way to the axBOunt of 
fix hours in a day, three elephants relieving one another would 
keep up a fund of motion that would laft i8 hours out of the 
^4, which is more than the ufual number of working hours in a 
day : four elephants would keep up a perpetual motion/ Speak* 
ing from the moment (for reflexion and refearch on fuch a« 
occafion will hardly brexpeded) theie are few wind-mills or 
water>mii!s, 1 ihould fuppofe, that occupy Co great a force. In a 
wheel of a fize fufficient to admit an animal of this bulk the ac« 
divity would be very gradual t and the height would be fuch at 
would admit of a rider, if neceflTary, without difficulty. The form 
as well as manners of the animal feem to render it at leaft as fit for 
this fort of fervice as a turnfpit dog : much more fo than any of 
the common leafts of draught ; though even thefe, could they be 

made 



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tia f^. Employment. 

the quantity of force you want is any thing above 
what one man can generate and keep up for a (uf- 
flcient leagdi of time, to employ human force in 
that brute way» can never anfwer : an old blind 
lK>rfey an ox, perhaps even an afs, will turn a 
wheel, a little boy will ferve for driving, and thp 
Jieep of beaA and boy together will perhaps not ex- 
teed the keep of one man, certainly not equal that 
oftwo.** 

Xfttde to worfeat ^ in this way, might perhaps in this way be 
iiorked to-more advantage, than by drawing. 

Where they are kept for military purpofes, the profit that might 
^uia bemade of their labour in time of peace might thus pay fot 
the heavy expence of their maintenance in time of adtual fervice* 
Bveiv where they are kept merely for date, reafons for employing 
tiiem in this manner would not be wanting. It would be a meanc 
of preferving their health, which otherwlfe may be foon deftroyed^ 
Wd the life of the animal cut ihort for want of exercife. Several 
wuniab of this fort have been imported into this country in the 
courfe of the prefent Teiga. Two at a time I remember feeing at 
theQ£een*8 honie^ The uncomfortable ftate in which they were 
Ittpt, debarred from ail exercife and confined to a fmall ftable, 
nbcxe they had feaccely room to turn or even ftand at their cafe, 
Ima "proved fatal to theie nobletjuadrupeds, whofe lives nature had 
^efpied to emulate in duration thofe of the firft patriarchs amon^ 

* Nor yet can is anfwer %o employ « man for generating foroe^ 
but upon the foppofition that the whole quantity of the commo- 
dity 



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§'5- MmphymnU tti 

' Th& eliamentiu'y pnmum-mMliSy wind, watery 
fteam, wberever they can be a][^lied are s^lied^ 
as being cheaper, in preference even to the aaimaU 
ftill cheaperof courfe they muftbetha|jf that viAnda 
confifts of human labour.* 

But da n$t you yourfdf makt this uft ofhumati lof* 
hur^ do notym employ in this way y not om^ nottwm 
efyour prifoners^ but the whole number ^--^Yes : tfiat 
I do : but why ? becaufc I get it for nothing : which 
is ftill lefs than what the boy and the afs^ would 

djty csipabU of finding a market Is.no more than what the hrute 
force generated by two men is able to produce. Suppolb it e^ual to 
the force of three men, one man to give diredUon to the forcey 
with a beaft and a boy to drive it^ could afford the conunodity fat 
much cheaper as to^break. the other two,, with their refpc^f» 

* Jn the economy of mechanical operations one of the moft 
fer^iie fources of improvement is the feparatlng the art of giving; 
dire^ion to force, from the labour of generating it* Great is the 
&ivancage that may bem^ik in this way eyes where this }attter 
operation is lefc to >man : much.greatnr of courie where it is turned 
over to more proper agents. A fi igle man, or in many inftancet 
a fingle child, and that a very young one, may find dxredlionfor s 
▼ery powerful machine, or a very numerout afiemblageof.leikpowN 
crful on^s : inftjir.ce the fpjnning. machines, and the Tariout 
other engines employed in the mftAufg^cies off the^difierent fort* 
of cloths. 

coft 



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J'^ § 5. EtnpIoymmt4 

coft me. I can undcrfcll the broom-maker, who 
ftole the flicks: I fteal my brooms ready made. 
The labour I employ in this way, I fteal the whole 
of it from idlcnefs. The fame labour does the bufi- 
nefs of health and economy at the fame time. My 
prifoners, if they did not walk in a wheel, muft like 
other prifonen, walk out of a wheel ; and in the 
latter cafe the fame degree of cxercife would re- 
quire more time fpent in walking than in the 
former. 

Inexpediency in detail is another property of 
thefe imperious recommendations. For inftances 
of laborious employments, eight forts of operations 
are promifcuoufly brought together; " treading in 
<* a wheel, or drawing in a capftern for turning a 
<* mill or other engine, fawing ftone, poliftiing 
** marble, beating hemp, rafping logwood, chop- 
** ping rags, and making cordage." 

What are we to underftand from this heteroge- 
neous fpecification? In the two firft inftances the 
only thing mentioned is the mode oi generating the 
force : in the other fix, the dire^ion to be given to 
it, tfie application to be made of it. Is it that the 
force generated as in the two firft inftances, is meant 
to be applied to produce the efFe£ls refpc6lively fpc- 

cifi.d 



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^ ^. Employment. Xlj 

cified in the other fix ? — Hardly. Sawing ftone 
and polifhing marble, I am aflured, are operations 
that have never yet been performed any otherwife 
than by hand. Beating hemp and rafping logwood 
are performed thriftily by wind and water, un- 
thriftily here and there perhaps by hand : hemp 
beating efpecially fo unthriftily as to be banifhed 
from all free manufaftories and confined to prifons, 
where its fole ufc is, like that of the blunt faw, to 
plague thofe who work with it. Chopping rags 
is performed at all paper-mills I ever faw or heard 
6f, by the force of that element, an abundant fup- 
ply of which is effential to the manufadlure. Was 
a bufinefs like this ever performed by a mill or 
other engine moved by a walking-wheel or cap- 
ftern ? I muft have good proof of it before 1 be- 
lieve it. My conclufion is that in the recommen- 
dation of the wheel and the capftern *' for turning 
" a mill or other engine," the views of the legifla- 
tor had not got the length of pitching upon any 
particular fort of work to be performed by the mill 
or other engine, that the operations mentioned im- 
mediately afterwards were not meant as infiiances 
of work ta be performed by fuch means^ but that 
the intention was that they (hould all of them be 
Paj^t II. I pafformcd 



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114 ^- 5* Employment. 

performed by hand. If fo, two different mif- 
tecommendationsare envclopped in this one claufe. 
One is, the employing of human labour for the 
generation of brute force in preference to the .ele- 
mentary and other irrational agents : the other is, 
the performing by hand a variety of operations, 
not only to the negle£l of the moft advantageous 
methods of employing machinery, but to the ne- 
gleft of tliofe very methods which itfelf has been 
pointing out. 

As to the making of cordage, the ineligibility of 
ftich an employment for fuch a place has been 
pretty fully fhown above.* Immenfe fpace, thai 
fpace enclofed at an immenfe expence, which be it 
«ver fo immenfe will hardly be fufficient, and all 
this to carry on a manufadtory of implements' of 
cfcape. 

The ftrangeft recommendation is that which i$ ' 
intimated by the placing the labour of the wheel 
and that of the capftem on the fame line, as if in* 
differently applicable to the fame puipofes. The 
•firft is of all the known modes of generating put^ 
force by human exertion the moft advantageous^^ 
ihe other, unlefs in very particular circumflances^ 

• Partly §20. 

perhaps 



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§ 5» Employment. 115. 

perhaps the lead fo. In the place in queftion thefe . 
circumflances are never to be found. Compared . 
with a perpendicular wheel the fort of horizontal 
wheel called a capftern would in fuch a place be a 
miferable contrivance. The moft painful and in- 
tolerable mufcular contraction will not produce in 
the latter way, a quantity of force approaching to 
that which is produced by the fuccefEve application 
of the weight of the body in the mere aft of 
walking in the other. The capftern-heaver 
would be dead before the wheel-walker felt the 
fenfation of fatigue.* The advantage of that hori- 
zontal wheel is, that you can put more men by fer 
to it than you can put to the perpendicular one : 
you can lengthen the levers, you can multiply 
them to a great degree. You could even put ftory 



• According to Defaguliers, the force which a man can «ert 
:n towing is upon an average equal to no more than ^^\\>^ thatis, a, 
force that would fer\e to raife a weight to that amount : for jn« 
Ihnce fu much iM^ter out of a well. But<< drawing in a capftem^* 
la towing. According to the fame phllofopher, 140! b. may b^ 
reckoned the average weight of a man : with this whole force a 
man a^, when walking in a wheel* The principle of the walk- 
ing-wheel is therefore more than 5 times at advantageous as that 
^f the capftern. 

1 2 t.f 



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1 1 6 §5! Employment. 

of them over ftorjr. Hence it is of ufe where, hav- 
ing plenty of men, who if not employed in tliis 
way could not be employed at all, you want now 
and then a heavy lot of work done in a Ihort time : 
Such is the cafe in* feamanfbip. Accordingly in 
feamanfhip the capftern is made ufe of with great 
advantage : in heaving anchors out, in raifmg thera 
and fo forth : and I queftion whether there be ano- 
ther inftance.* Since the world began I do be- 
Jieve it has never been employed to keep up a con- 
ftant force. 

Even laying profit out of the queftion, as the au- 
thors of the Penitentiary KQ, do, and fetting up 
labour as its own end without looking for any 
thing beyond it, we fhall find the lefTon equally 
pregnant with delufion. Even in this point of 
view, nothing can be more oppofitc than the la- 
bour of the capftern and that of the wheel. Wheel- 
work is open to abufe on neither fide : capftcm- 

• Am I right ? I think I have traced the error to its fource. 
On board the balUA Tighters the capftern was employed to raifc 
gravel t for the Captain was a Teaman. Nt>w as anchors arc 
raifed in that manner, why not gravel 2* On board the baliaft- 
lighters gravel it raiff d upon the capdem principle s and that 
furely is hard labour. But hard labour is the ver; thing we wan'i 
ti^ there it is for us* 

work 



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§ 5« Eynplvyment. 117 

work, on both fides.* Lazinefs on the part of the 
workman, negligence or partiality on tlie part of 
thelnfpeftor, may reduce the exertion to notliing ; 
tyranny may fcrew it up to a pitch fatal to life. 

Nor is wheel-work lefs happily adapted to the 
purpofes of economy in other points of view. 
Knowing by trial the quantity of force neceffary 
for giving motion to your wheel, you can provide 
for the keeping up of that force with the utmoft 
certainty : you can know before -hand what each 
man can and will do, as well as. afterwards whe- 
ther he' has or has not -done it. In ,this way, as no 
man can cheat you, nor is the quantity of work 
dependent at all upon good -wilt,' ftave's work is 

• Wheel-work is' mcie f<Jot exercife : cipftern work is a^m- 
exe^iClfe : In the farmer the effeft is the immediate rcfult of muf- 
cular exertion^ and proportioned to that exertion be it ever Co great 
cr ever fo little ; in the latter it is the refult of mere weight : the 
wcljlit of the body fu'cceflivcly applied to the different parts of the 
ctrcomference of a wheel ; arid To 16 g as the fame pace is kept 
up, that weight, as well asthe cxertitn by which it is applied, is 
invariabFy the fame/ 

In the wheel -work", if there were twenty men in a wheel yf)a 
would know exa^lly what each man's exertion was, and what th« 
ihare it had in the production of the cumm6n efled : in the 
capftern-work, thougTi there were but iwo men you CDuld not af- 
certal.2 either man*s Ihare. 

I 3 worth 



■-' '' 'J,yl^'<3&Og{Q 



1 1 8 § 5. Employment, 

worth as much as freeman's work, neither being 
capable of doing more nor better than the other in 
the fame time.* 

* Could not a man cheat^ i( may be faid, by fetting his foot 
down on the fame fpot from which he took it up, or even back* 
ward inftcad of forward ? I ihould doubt it : and if it were fea- 
fible an effectual remedy might be found. Evtfn in a fiogle wheel 
(I mean a wheel with a fingle man in it) the impetus already ac- 
quired by a few turns would make it much eafier to a man to go 
on than to ftep backward or in the fame place : much more in 
a double wheel, efpecially if the deceit were praflifed by one alone 
without the concurrence of the other. In the only walking wheel 
I ever faw (which was made for a carriage to go without horfes) 
there were fteps in the infide for the convenience of treading* 
Thefe would ferve likewife Co render deceit more difficult, as well 
as to maintain regularity in the pace. But deceit might at any 
. rate be prevented, efpecially with the help of thefe treading- 
boards, by prefcribing the number of ftcps to be taken within a 
ceitain time : a fmall index-wheel connected with the main* 
wheel, as in the inftrument called a xvay-wifer for meafuriag 
ground, would ferve to ihew with the utmoft exa^efs how far 
the injunction had been obferved. 

In fome mftances the quantity of the effeS produced might be 
made to ihew the number of turns that had been given to the wheels 
for example, in railing water, the quantity of water that had been 
raifed. But this depends upon the nature of the work, and the 
inftances in which it would hold good are comparatively but few* 
The index-wheel (which of courfe muft be fituated in fuch a 
^^oaimer at to be eut of the leach of having its indications fM&ti, 



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§5- Employment. 119 

The regulation about hours ftrikes me, I muft 
confefs, as a moft extraordinary one. Working- 
hours, never more than ten out of the four and 
twenty : and for a quarter of the year not more 
than eight ; eight for three months, nine for two 
nwnths more, and ten for the other feven. For 
greater certainty, a curfew claufe : all lights and 
fires out before nine. Of the quantity of labour 
that might be had, nine parts out of lyi in point 
ef time^ more than half as we fhall fee,* thrown 
away for the fake of getting the other eight of a 
hard fort : and all the while by this very limitation 
m point of time matters fo arranged, that it ihall 
be not only diflScult on other accounts to have the 

by the labouiers In the wheel) is therefore the preferable re« 
fource. 

To keep the force thus gained to an equality, in any operation 
in regard to which the difference in point of w.'ight betw en man 
and man were liable to produce occafional deficiencies, thofe whofe 
natural weight was under the mark might carry artificial weight 
in proportion : and if with this addition thf exercife were too 
much for any one, a proportionable abatement might be made to 
him In the article of time. Weight might thus be carried, not as 
in the e^ueftrian pbrafe for inth^s, but for lightnefs and for 
length, 

• See § Dlfiribution of Time* 

1 4 labour 



DigTEjjtd by 



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i20 § 5. Employment, 

latour as hard here as elfewherc, but upon this ac- 
count impoffible. — This an K& for the promotion 
of hard labour ? — Say rather for the prevention of it^ 
What a leflbn to the country ! — that little more 
than half the labour the honeft poor, the induftrious 
tradefman, are forced to go through in order to 
live, is a lot too liard for felons ! What is the ten- 
dency, not to fay the fruit, of all this hard labour 
fo unhappily beftowed in the field of legiflalion ?-r 
To render hard labour imf ofTible in the place it is 
fpecially deftined for, and odious every where elfe. 
In one circumftance of it the regulation is a 
peiie6l riddle to rae : — moft work when die wea- 
ther is hotteft. That the number of working- 
hours fliould be made variable according to the 
heat of the weather, how little neceflary foever as 
wehavefeen, was however natural enough; but 
the principle by which the variation is determined 
feems a perfeft paradox. When was the number 
to be the greateft ? when the feafon was hotteft : — 
in the height of fummer. When the leaft ?— 
vhen the feafon was coldeft: — in the depth of 
^;^i^r : in the temperate months it was to take a 
middW^wrfe. — What can have been the objeft 
here ? — I^tf laufe in which the quantity of labour 
was dircdlly sW profeffedly limited and reduced. 



— *^ - Digitized by VjOOQif ,. _ . ^ 



■ ■ mmmmmmamtm 



§ 5 Employment. ill 

one fliould have thought, it had been fcnity and 
indulgence. But where is the indulgence of 
working a man hardeft when he is hotteft, and 
giving him Icaft work when work would be a blef- 
fing to him to keep him from the cdd ? 

Even the propriety of marking the temperature 
in this imperfedk and indire£k way, by the feafon,. 
inftead of the perfe£l and direft way, would itfelf 
be qucftionablc. For obferve the confequence. — 
Work is to be leflencd (or as this claufe will have 
it encreafed) upon the fuppofition of its being fuf- 
try : when perhaps it is below temperate. Work 
is to be increafed (or as this claufe will have it di- 
miniflied) upon the fuppofition of its being hard 
weather : when perhaps it is above temperate. Whe- 
ther the thermometer is between 20 and 40, or be- 
tween 50 and 60, or between 60 and 80 is a fiwSk 
juft as eafy to afcertain as whether it be January, 
April or Auguft. If the idea of regulating work 
by temperature is not ridiculous, it is not accuracy 
that will render it fo. If heat and cold are to be 
meafured, it is furely as well to do it by a right 
ftandard as by a wrong one. 

But we have already feen that it is quality only 
and not quantity of work that ought to be influen- 
ced 



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112 § 5* Employmnu 

ctA by tein{>erature : and that neitlier the one nor 
the other ought to be regulated by law. 

Eight theit and no more, is the greatefl number 
of houi$ duripg whicl) in the cold feafon any fort 
of work, fedentafy^or latH>rbuSyis in this eftaWifli- 
loent for hard labour to be carried on. So at lead 
fays § 34. True it is, that by § 45 a poffibility is 
created of a prifoner's working at additional hours 
over and above thofe which have been mentioned. 
A poffibility? — ^Yes: and that is quite enough to fay 
of it. A fpecial permiffion muft be given by the 
Committee — it is to be given only ** to the moftdi- 
•*ligcnt and meritorious"— only ** in the way of re- 
\(rard or " encouragement" — they may choofe whe- 
ther they will give it in this {hape,or in that of an 
allowance of a part of the earnings of the ftated 

hours -it is to be only " during the intervals of 

** the ftated labour" not therefore in any interval 
between a time of labour and any other time, fuch 
as that of reft or meals — all *' working tools, im- 

V plcments and materials" that ** will admit 

•* of daily removal" are by § 34 to be " removed" 
when the " hours of work are pafted, to places 
•* proper for their fafe-cuftody, there to be kept till 
** the hour of labour .ftiall return" — and by § 40, 

•• the 



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§ 5* Employment. 123 

** the doors of all the lodging-rooms are to be 
•* locked" (with the prifoners I fuppofe in them) 
" and all lightsthereln extinguiflied, after the hour 
*< of nine/' 

A poffibility (did I fay ?) of extra-work ? — ^Yes, 
and what is there more. The Governor, on whom 
it fo unavoidably depends, has motives given him 
for thwarting it, and none for forwarding it. None 
for forwarding it, fince the earnings at thefe ex- 
tra-hours are to go entire to the prifoner- work- 
men, no part of them to him : But of the labour 
of the ftated hours a great part, if not the whole, is 
to go to him.* Of the hard work, which is the 
only fort the k(k allows of where hard work can 
be got, fo much as can be got within the cbmpafs 
of the ftated hours he will therefore be fure to get 
from them. But of the only two fpecies of labour 
which the Aft exhibits at the head of the lift of 
fpecimens and patterns, (treading in a wheel and 
heaving at a capftern) there is not one which it 
would be poflible for a taik-mafter to compell the 
continuance of, fo mtich as duri^ig eight hburs of 
the twenty-four, the fmalleft of the numbers of 
flated hour& prefcribed. Judge then whether liQ 

will 



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1 14 § 5« Employment, 

will give up any of that time which is his, in or- 
der to make them a^refent of it.* 

Another anticlimax not Jefs extraordinary is yet 
behind : labour made lefs and lefs according to 
length of ftanding. When a man has ferved a 
third of his time, fo much is to be ftruck from off 
his work:t when two thirds, fo much more. 
Lefs and lefs of it there is thus to be, the more va- 
luable it is become to every body, the eafier it fits 
upon himfelf, and the nearer he is arrived to the 
period, when he will have that and notliing elfe to 
depend upon for his fubfiftence.t 

* What then does this claufe amount to ?— -any thing or bo« 
thing? Shall we a/k the Gloncefter magiftratesf— Their decifion 
it in the negative. PonAual copylfts of the other provlfians of 
the Ad, they hare pafled this by withoot notice. 

*t- ** From hit confinement and labour^* fayt the Ad. ^ 3$. 

) ** The offer>dert....flwdl be divided into three cL^fles \ which 
*< ibattbe called tht Jirfi,ftcond^ ar:d third c\zU'y for which pur< 
•* poie the time for which fuch uft'endert Ihall fever, lly be com- 
'* mitted ihall be divi ed into three equal parts ^ and during the - 
'< firft part of the time of the iniprifonment of every fuch offen- 
** der, he orihe ihall be ranked in the firft clafs, and during the 
*' fecond part cf fuch time, he or (he ihall be ranked in the fecund 
** dafs, and during the third and laft part of fuch time, he or fhe 
«< ihall be ranked in the third daft; and th« confinement and la« 
i^ hour of fuch offenden as ihall from dme to t<me be ranked in 

« th« 



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§ 5- Employment. 125 

What is at the bottom of all this contrivance ?— • 
poffibly the principle of the blunt faw : when pri- 
foners require moft plaguing, moft labour is to be 
got out of them : when lefs plaguing will fufiice, 
the fuperfluous labour is to be toffed by, as being 
cf no further ufe. While their work is trouble- 
fomc to them and they are aukward at it, and it is 
worth but little, they are to be made do as much 
of it as they can : the more it comes to be worth, 
as it anfwers in a lefs degree the purpofc of plagu* 
ing them, the lefs of it there is to be. 
. At Weftminfter fchool, the climax of in- 
. ftruftion takes, if it is not much altered within 
thefe thirty years, a fomewhat different courfe.-— 
Whatever be the talk, the longer a boy has been 
about it, the greater is the quantity of it cxpedled 
from him in a given time. Memory, invention, 

•* the firft clafs, ii^zli be moft ftri^l and fewre, and the cnofine- 
•• ment and labour of the oflfenders ranked iii the fecond clafs, 
** -ihall bs more mod-rate, and the confinement and labour of 
■^ tbofe ranked in the third cUfs, (hall be ftil) more relaxtd^ y/hiQh 
** ieveral degrees of confinement and labour, fo to be affixed to 
** each clafs, fba!l from time to time be fettUd by the Commit- 
*< tee, by ortlers of regulation to be approved or in rhanner afore* 
<« faid, but'fo 'tit not to defeat or dode the fpecial piovifions mait 
<* and ayipoiAted by-lhis AA.** 

i?hatevcr 



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126 § 5«. EmphymcHt, 

whatever be the feculty concerned, the fuppofition 
is, that it would radier be improved than impaired, 
fortified than debilitated, by ufe. If ten lines are 
to be got by heart for an exercife in the fecond 
form, twenty lines are to be mattered in the fame 
way in the third. If a Greek diftich is to be con- 
ftrued and parfed in the fourth form^ a tetraftich 
is to be difcuffed within the fame time and in the 
fame manner in the fifth. The fuppofition there 
evidently is, that learning is a good thing, that 
the moj^e a boy can be made to imbibe of it the 
better, and that in fhort he could hardly have too 
much. That any proportion to this tStOt Was 
hung up in any part of the fchool-room, is more 
than I ever heard. But if it had been, it could 
not have been more thoiTou*ghly recognized, nor 
the truth of it more fteadily affumed in pracStice. 
In thcfe new invented fchools of penitence and in- 
duftry, a propoiition not lefs fteadily affumed an4 
implicitly conformed to is, that induftry, that pro* 
duftive labour, is a bad thing: that it is fit only for 
p^nifliment : that an honeft man cannot have too 
little of it: that it is fit only for felons, and for 
Aem only while the marks of guilt are frefli upon 
their )i|2ads : that the lefs of it a man goes through, 

the 



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§ 5* E^p^oymenL f ty 

the better it is for him. AccowHogly the objeft of 
this claufe is to wean him from it by degrees: re- 
garding it as fit not for ordinary diet, but only for 
phyfic, the dofe of it is leffened in proportion as 
the effeft, with a view to which it was firft admw 
niftered, is fuppofed to be produced. 

For my part, I fee nothing in the principle pur-» 
fued in the fchool of literature that ihould render 
it unfit for adoption in the fchool of produftive in**- 
duftry : I can find nothing in the defign of either 
inftitution that fhould prevent its reception in th^ 
other. But were there in this cafe a repugnancy 
tba^ I do not fee, fo that aH that I could obtain 
wrere the option of giving it to the one or to tbf 
other as I chofe, I muft confefs it would be to the 
«K)re humble eftablifliment of the two that I fliould 
fee difpofed to give the preference. It is by read^ 
ing Latin and Greek that ^ learn to read Greek 
and Latin: but it is by digging, and grinding, and 
weaving, that we live. 

i have fome^imes thought tb*t, xonfidering thfi 
light in w'bich the matter fe^ms tp have bees 
iHcwed, induftry h^ been let off tolerably cheap, 
and that it i^ a h^ppineCs tbe4ivj(fions in this new)y 
devifed fchool of induftry th^e #0): b€^ ^Qic tbaH 

half 



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. tS § 5. Employment. 

half the number of thofe in the fchool of literature. 
Had there been as many claffes at Wandfworth as 
there zxt forms at Weftminfter, it would not be 
eafy to fay to what profundity of gentlemanly re 
pofe the anticlimax might have pufhed. As in 
the one place the feventh form is filled with the 
few whofe |)erfevering fpirit enables them to tug at 
Hebrew roots, fo to the other none fliould be ad- 
mitted whofe oblivion of labour had not learnt to 
Ihew itfelf at their finger's ends, as in China, by a 
feven inch length of nail. 

The ftock of relaxants is not yet exhaufted* 
When hours after hours of the working time 
have been ftruck off, for fear the prifoners (hould 
not yet be idle enough, fome of the beft of them 
are to be picked out, their work is to be taken al- 
together out of theii" hands, and they are to be fiif- 
fered to go idling about the houfe. By z ieparatc 
feftioninferted for the purpofe, § 39, theGovemor 
IS empowered " to employ at his difcretion any"^, 
** who fhall be ranked in the third chfs, as fer- 
** vants, overfeen, or affiftants, in the manage*- 
** m^ent; of the works, and care of their fellow- 
** prifoners, inftead of being confined to fuch their 
•* daily labour as aforcfai(f." 

Ifay. 



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f 5^ EmploymenU 12^ 

I fay idUng : for houfe-fervice, in comparlfon 
of a working trade, is idlenefs : fuperintendanca 
of courfe, ftill greater idlenefs. A preceding 
claufe (§ 32) took them from whatever good 
trades they had been bred to, to put them to a bad 
trade, contrived for punifhment and nothing elfe. A 
part of them are now to be taken even from that bad 
trade. By the time their term is out and they are 
to be turned loofe again upon the wide world, they 
are to have unlearned every thing that can aflPord 
them the fmalleft profpeft of a maintenance. For 
in fuch a place what poffible provifion can houfe- 
fervice lead to? Who will take houfe-fervants 
from fuch a houfe ? Houfe-fervice requires confi- 
dence : charafter is infifted on. Of handicraft 
trades moft require very little, fome fcarce any. 

The claufe calls itfelf an enabling claufe. What 
IS it? Were it any thing, it would be a reftraining 
one. Servants ? What fervants worth fpeaking of 
can really be wanted in fuch a houfe ? Are the pri- 
foners to be too proud, or has the A61 made ihem 
too bufy, to fweep out their own rooms ? Could 
not the tafk of keeping clean the common rooms 
(fmce upon this plan there were to be common 
rooms) be performed by rotation ? Does it require 
Part !!• K picked 



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I3<^ $5* Employment, 

picked men to do it? I fay it is in efFed a^ 
leftraining claufe. Suppofing no fuch regulation, 
fuch fort of*fervicc, what little of it there is ne- 
ceffary, would have been performed on one or other 
of two plans : either upon the rotation plan, every, 
one doing a fmall fliare ; or, were any fele6l:ion 
made for a fort of fervice requiring no fort of fkill, 
it would be of fuch as were aukwardeft at their 
trades. I fpeak of a manager of common plain 
fenfe, who were not handcuffed, and whofe profit 
were flaked upon the fuccefs. Here he is difluaded 
from the rotation plan, an eftabliihment of fcr- 
vants is recommended to him, and in choofing 
them he is forbidden to take them from any of the 
three clafles but that which includes fuch as are 
expertcft at their trades, as far as expertnefs is to 
be inferred from practice. 

I call it then a reftraining claufe, and fo it is 
with regard to good management and induftry : 
for with regard to abufes and idlenefs, its enabling 
tendency is not to be denied. — The objefts we are 
mod converfant with will naturally be uppermoft 
in cur thoughts. In the creation of this new mi- 
ciocofm no wonder if the old and great world 
Ihould fometimes have been in view. Of this chief 
,^ "feat 



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§ 5* Employment* 131 

fe^t of relaxation in the moft relaxed of all the re- 
laxed claffes, the idea feems as if it had been takeri 
from Lord Chcfterfield's Hofpital of Incurables : 
nitches are accordingly left in it here and there, 
capable of being' fitted up into little fnug places 
and finccures. 

Of all this elaboration and complication what 
then is the effeft? — Mifchief ; — mifchief in all its 
iliapes : liftleffnefs, idlenefs, incapacity of earning 
fubfiftence. Mifchief and nothing elfe. — What 
was the end in view? Not mifchief moft affur- 
edly. — What then ? — ^In good truth I do not 
know. Puniihment is one ufe it is applied to, and 
that the only ufe. By § 47th, powers of punifh- 
ment are provided, and that of " removing fach 
*' offenders, if ranked in the fecond or third clafs, 
" into any prior clafs," is of the number. What 
then ? This delicate piece of mechanifm, with all 
its foftnefs and fmoothnefs and relaxation, is it af- 
ter all but an engine of punifliment ? An excellent 
one it would be, were it as good as it is expenfive. 
Perillus's bull, had it been of gold inftead of brafs, 
would fcarce have equalled it *. 

• Calculation 
Of the cxpence of this engine of punifliment, for 900 pri- 
soners, being the number provided for by the A^« 

K 2 Support 



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13^ § 5- Emphyment^ 

This reafon, fuch as it is, makes bad filH 
Worfe: compUc^^tion and obfcurity, and that com* 

Snfpoje £. «. J» 

Grofs average value of each prifoner^s work for a day. 005 
Thif makea for a week — — »— • «. o i 4 

For a year — — — . ..... 3 iS o 

Proportion to be ftnick 0^ from the labour of each pri(bner 
.upon his remoYal from the firft clafs to the fecond, one hour out 
ofnifie, the average number of hoursy I fet at one ninth: and a 
Manager would hardly think of ftriking off lefs than this, if he 
firuck oft* any thing* 

Additional dedu^ion on die removal from the fecond to the 
third— ^ne-ninth wtore* 

Refult* £» 

Grofs annual value of the labour of 900 prifoners 7 

without the dedu£Uon in quefVion — — J 3519 

Ditto of oiic-third of the number viz. 300 being ^ 

the number in the fecond clafs — — J 1501 

Deduft one ninth from the total value of the ^ ^ 

labour of this fecond clafs — — J 

Ditto two ninihs from that of the third clafs -— » 2^0 



Total deduftion 390 

Pfcfent value of fuch annual dedudlion confidered ^ ^^ ^^ ^ ^ 
as a perpetual rent-charge at 30 years purchafe. 3 
I think I fliall not be accufed of having rated the value of the 
labour extravagantly high at 3d. a day, confidcring that it is 
^ut the grofs value, and that it takes the economy at the higheft 
pitch to which it can be puihed, not only by this A£i, but by the 
afcwnulating powers of a ferles of A&s explanatory and emenda- 

tory 



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^ 5. Employment. 135 

plication a cover for tyranny and injnflrice. The 
tticaning, if I do not iliifcmderftand it, Was, that 

toryupon the fame principles to the end of time. I fay then, 
that for jf 15,600, not a Perillus only, but even an ordinary gold- 
fmithof the prefent degenerate age could make a very decent bull, 
hig enough to broil a middle fiied man in, of the very beft gold. 
I mean provided he were allowed to take his own way fbr makiog 
it : for I would not anfwer for him were he to be obliged to learn 
his art, like the manager of this manufaduring concern, from 
inftrudions beat into him by AQt of Parliament, nor if the thick- 
nefs of the gold were to be regulated uport the fame principles as 
the dimenfions of the houfes in the Penitentiary-Town arc by 
this Aa. 

Whether the dcdudion was meant to be made in the article of 
time or in the article of escertiotiy it comes to the fame thing. It 
'muft have been in one or other : for it is not <* cmfnemtnC^ only 
that is tobcfirft " more moderate," then** ftili more relaxed," 
but *« /ahour,^^ Time was the clement beft adapted to calculation 
as being the only one of the two that was 'fufceptib'e of a deter- 
minate fhapc. If the A£b meant not time but degree of exertion f 
it did ftill worfe : for that would be giving the power its mod ar« 
bitrary form. The intention could hardly be that the relaxation 
ihouid be adminiftered by change of trade :— the economy would 
be ftill worfe.— Is the new trade a Icfs produdive one than the 
old one ?— Here is lofs thrn incorred to no purpofe. Is it more 
^r.^u6Hve ?— Still the fime lofs 5 only precedent inftead of fubfe- 
quent :-»-a bad trade carried on for a whole year for the fake of 
changing it for a better at the year's end.— —Is it aeithcr more 
nor lefs produftive ?— Still there is lofs. For by the fuppofition, 
in the fccond trade there w to be the fame produce with lefs la- 
K 1 bour. 



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134 § S- Employment. 

for a prlfon-oflFence, the Committee fhould have 
the power of adding to any prifoner's term of con- 
finement an additional one, ever fo fhort or ever 
fo long, fo as it did not exceed the original one. 
In that cafe, the fimple courfe would have been to 
have faid fo. Inftead of that, the meaning is ex- 
pr^fled in a round about way by reference to thefc 

hour. With equal labour it would therefore have been more pro- 
Oudtive than the firft. It ought therefore to have been taken up 
from the beginning inftead of the firft. Add to this in every cafe 
the lofs that muft refult from the time confumed in learning a 
new trade. 

Another mifchief. Not only the labour Is thus to be more 
and more relaxed, but the eonfinement likew'fe* What is the con- 
fequencc ?— Corruption « corruption ftill greater than before, if 
already it was not brought to its higheft pitch. For how is it 
where the confinement is ftridleft ? even there, affociation promif- 
cuous or nearly promifcuous takes place tt different times of the 
day, at working-times, at meal-times, and at airing times. How 
then can the confinement be relaxed, unlefs it be by encreafing 
the already too great liberty of affociation ? They arc not any of 
them furely to be let out of the houfc ? They are therefore to be 
fuffered to go about idling and confabulating and confederating 
within the houfc. And at what period i« this encreafed ^elaxtl 
tion and encreafed faculty of afTociation to take place ?-^At the 
very period the neareft to that of their difcharge, when all the bad 
lefTonslbey havecoUeded from one another, whateyei they are» 
ma^ be transferred from theory to pra6Uce« 

clafTcs 



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^5* Employments J35 

clafles. What is the confequence? That when 
€ix years, for inftance, was the term for the origi- 
•nal offence, for the prifon-offence you can have 
nothing lefs than two years : nor if you would 
have more than two years any thing lefs than four 
years : two years or four years then, with an addi- 
tional time, fuch as the Committee may think pro^ 
per to add to it, is the only alternative. Two 
years the leafl: quantity in fuch a cafe ; or elfe this 
precious engine, which it coft fo many thoufand 
pounds to make, is nat tobeufed : if you won't ufe 
It harfljy, you fhan't ufe it at all : fo fays the letter 
atleaft of tbislaw*. 

* This is one mode of conftru6lion t is it the right one ? I 
ViU not be poiitive : it would take an argument of an hour long 
to attempt to get to the bottom of this darknefs. Here is the 
claufe, in its own words, that I may be Cure of not doing it an 
injuftice. " And in cafe of removal into any prior clafs, the of- 
<« fender fhall, from the time of making fuch order of removal, 
<« go through fuch prior clafs, and alfo the fubfcquent clafs or 
<* claffes in the fame mgnner as under his or her original coiUmit- 
<< ment, and for fuch additional time as fuch Committee ihall 
** think proper to order, fo as the whole time of confinement* 
** be computed from fuch order of removal into fuch prior clafs to 
" to the final difchargc of the oiFenier, Ihall not exceed the ori- 
'* glniil term for which he or fhe was committed. 

K4 Daes 



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13^ § 5- Ernploymenu 

The neceffity, howfoever it might fit upon the 
prifoners, would not fit very heavy upon the Go- 
Docs the word manner include the confideration cf f/wr?— It 
fhould fecm yes. It furcly might, if nothing clfe were faid about 
time, j^dd'ttional mxYi relation to what? additional with relation 
to the longer time they would have to ftay in confequence of their 
being turned dnvn into a lower clafsy fuppofing nothing cxprcfsly 
fald of time ? or merely additional with relation to the original 
time fpeclfied in thtfentence f— In the latter cafe, the fenfe would 
have been more clearly exprcfled by leaving out the word addimnal 

or the word andt or both of them:— i« the fame manner and 

forfucb time as the Committee p^lL order — in the fame 

manner »»*%,f or Juth additional tims, «..;« ■ in the fame manner,.,., 
fi.rfucb time ,„,i " In any of thefc three ways, the expreffion 
would have been clear on the fide of lenity, proportionality, and 
i^afon. If neither the word and, nor the word additional were 
dcfigned to cnfuie the contrary conftrudlion, no effect at all is 
given them, and they ferve only to perplex. Thus then ftands 
the queftion. The letter of the law pretty decidedly on one 
fide: reafon, as I conceive it, on the other :— but what fort of • 
guide would reafon be to truft Co throughout this law ? 

Thus much is certain : that a cruel, or what is more to be 
feared an Interefted, Committee-man, leagued and connefted with 
the Governor, might, without the fmalleft rifk or even imputa- 
tion, take the rigorous fide : and what is remarkable, the abufe 
would not in any pofhble way be fufceptible of a remedy. Con- 
yened before the Court of King's Bench, what pofiible fault could 
be found with a Committee-man who had been in the conflant 
hibit ofientencing no prifoner for lefs than two years?— ffotw 
tame y^u for fo flight an offence to infl\3 imprifonment for fo long a 

term f 



^- --Dig^feed by GoOgle^ 



. i jajt^jim-wut p 



§ 5. Employments 13^ 

Tcmor : I mean if he has in efie£t that intereft in 
the produftivenefs of the eftablifhment which the 
ASt wiihes him to have. It will be no fecret to 
"him that the fame quantity of labour at the expi- 
ration of an apprenticefliip is worth rather more 
than at the commencement of it. Nor will the 
neceffity fit much heavier on the Committee, if 
they either fet a value upon the friendfhip of the 
Governor, or fet the fame value upon this engine 
of punifliment as appears to have beqn fet upon it 
ty the maker : the Committee of three, I mean, 
ivho when not fo many as three are not more than 

Urmf-^'^Becauft J found myfilf thl'^ed : the lavi U peremptory i 

it does not sdmitt of ajhorter, No y you miftake ; you were not 

lound.'^Jfell if I toas not boundy I am jorry for it, hut I bavt 
done no mtrong : for Itbought'IiuaSy and you cannot deny that I was 
€mpovuered.'~-H2Ld the dlfcretion given not extended to fo long a 
period, the ftretch, if the conftniAion authorizing it were not ap- 
proved of, wowld have been chargeable with illegality, and there 
would have been fomething to have appealed from. Here, as 
there is ro pretence >for a charge of illegality, there is no ground 
upon which an appeal can build itfelf. 

To form a juft conception of this claufc, and of the fpirit 
which pervades this A^, add to the mlfchiefs of a plan bad in 
principle, the mifchicfs of perplexity and ambiguity refulting 
from complication.— O Simplicity ! heaven-born fimpUcity ! whca 
wilt thoH vifiCthe pathiof Uwf 



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13' § 5* ErnpIoym^nU 

one, and who, fitting in the dark, with an inte- 
refted profccutor, their creature and their depen- 
dent, at their elbow, cumulate the funftions of 
Judge and Jury. This I know, that were I a 
candidate for the management contraft, I would 
make no inconfiderable allowance forfuchaclaufe, 
cfpecially fo worded. I mean if I could bring my 
confcience to fuch a degree of relaxation, that the 
idea of taking a fentence of imprifonment for a few 
years, and altering it under the rofe into a punifh- 
ment for life, fat as eafy upon me, as that of a fimi- 
lar transformation appec:rs to have fitten, I hope 
through inadvertence, upon the planners of the 
Colonization fcheme. 

The mifchicf-roU is not yet read through. The 
proportion of puni(hment, fuch as it is, what docs 
it depend upon ? — Upon the degree of delinquency 
which called for it ? — No : not in any fliape. The 
punifhment is proportioned, not to the magnitude 
of the offence, but to the length of a man's term : 
not to the offence for which he is puniflied, bpt 
to another offence which has nothing to do with it, 
and which has already had its punifhment. 

That pun'i/hment is the only ufe this claffifica- 
tion is put to in the A(St itfelf is certain. But was 

it 



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§ 5- Employment. tjg 

it really defigned for an engine of punifhment and 
nothing elfc ? — If fo, the aukwardnefs of it is 
not lefs remarkable than the expenfivenefs. There 
equal periods of a man's term, three years fay, is 
the time it is fuppofed to be wanted for. For one 
of thofe periods it can't be ufed : fince for fuch 
time as a man is in this "^r/?" clafs as it is called, 
meaning the loweft, there is no lower clafs into 
which he can be turned down. What is this pe- 
riod during which it can*t be ufed ? — ^The very 
period of all others during which, if in any, it 
would be wanted. When is it that punifliment in 
every fhape is in moft demand ? When is it that 
unrulinefs is moft to be apprehended, and requires 
the greatefl: force to combat it ? One would think 
it were, when coercion was moft new. — ^A bit for 
Ijreaking in horfes which has this peculiar property 
l)elonging to it, that it can't be ufed till the.horfc 
has gone a twelvemonth upon the road ! An en- 
gine that coft I i,7odl, and that can never be ufed 
till experience has fhewn that there is no need 
of it ! 

Was the fmecure eftablifhment that we have 
feen grafted on this clafEfication plan, meant as a 
fund of reward P It is ftill worfe contrived for re- 
ward 



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^40 § 5* Employmeyit. 

Trard than the engine of punifhment made out of 
the elafles is for punifliment : that cannot be ufed 
till one-third of the term is over : this, not till 
two-thirds are at an end. 

One glance more, and I have done. Two 
diviiions or clafEfications, the reader may have 
obferved, running on together : two claflifications 
made upon fo many different principles : the firft 
grounded on capacity for hard labour, as indicated 
ty agCj fex, health and ability : the other on 
length of ftanding ; that is, not an abfolute length 
offtanding, but relative ^ relation had to the pro- 
portion elapfed of each man's term. If this ac- 
count be obfcure, I am forry for it, but I cannot 
help it : were it altogether otherwife, it would not 
be a faithful one. Thefe divifions crofs and joflle 
one another in efFeft : but in idea each may be 
confidered by itfelf : let us obferve for a moment 
the confequence of the firft of them. Two claflTes 
of perfons are carefully dlftinguifhed and placed in 
fituations as oppofite as pofTible : — from that moment, 
their treatment, as to every thing that remains of 
it, is uniformly the fame. Two fets of people and 
but two : to heave at a capftern, or what is looked 
npon as equivalent, the employment of the one : 

to 



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^ 5. Employment, 141 

to knit nets or fome fuch thing, the occupation of 
the other. No medium : ftraining to excefs, or 
fitting almoft without' motion. The labour of the 
former might be too fevere ; that of the latter not 
fufficiently fo : prefervatives require to be em- 
ployed againft both excefles: claufes to reftrain 
undue feverity in the one cafe, claufes to reftrain 
undue lenity in the other. What does our legif- 
lator ? He twifts both kinds of claufes together^ 
and applies them indifcriminately to both clafles of 
workmen and both clafles of work. What is the 
confequence? Every fuch claufe is a two-edged 
fword : with one edge it deflroys one part of the 
company, with the other edge, the remainder. 
With the one he thus cuts up one half of his own 
purpofes ; with the other, the other half. — Be- 
caufe 14 or 15 hours would be too long for one fet 
to heave at a capftern, the others who are to do 
nothing but fit and knit, are not to have any more 
than 10, than 9, than 8 hours to do that in or any 
thing elfe : becaufe three or four hours would be 
nothing to employ in knitting, thofe who are to 
heave at a capftern are to heave on for not lefs than 
8, 9, or 10 hours ; and longeft when the heat of the 
weather has rendered the fatigue moft intolerable. 

Becaufe 



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14* § 5* Employment. 

Becaufe thofe who are to fit knitting would foort 
be dead were they to do nothing but fit or lie 
a-bed without exercife, the capftern-heavers who 
have been heaving and ftraddling till they cannot 
fet one foot before the other, are alfo to have their 
walk. Becaufe the capftern-heavers will be dead 
with fatigue before their day is half fpent, the 
knitters are to have 14 hours out of the 24, and 
never lefs than 12, to foak in bed : and this is cal- 
led keeping them to hard -labour, Becaufe the 
capftern heavers will be worked to death before 
their term is one third over, the knitters, by the 
time they have gone through a third of their's, are 
to have a part of their knitting hours ftruck oiF, 
and by the time they have gone through two- 
thirds, the abatement is to be doubled. — 

Exaggeration ! exaggeration ! Can you ferioujly 
then pretend to believe^ that mi [chiefs like thefe would 

really enfuef 1 hope not; — I truft not: — at 

leaft not in any fuch degree : in fome way or other 
the worft of them would be got rid of. Thefe 
like others would fome how or other find fome- 
thing like a remedy — True. — But who ihould 
we have to thank for it ? — Thofe who contrived 
the A£t ? — No : but thofe who would have to exe- 
cute 



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^ 5. Employment. r4j: 

cute it : that is to flruggle under it, and fave 
themfelvcs from executing- it.. Of two things one-: 
executed, it is ruinous ; not executed, it is ufe- 
lefs : fuch is the dilemma that purfues it through 
•very part of its career. The provifions either will 
or will not have the eflFe£t of peremptory ones. 
In the one cafe they are produftive of the mif- 
chief which we fee : in the other, they are of no 
cflFe6l againft the mifchiefe which they themfelvcs 
have in view^ 

Recapitulation Errors collefted under the 

fingle head of Employment — fruits of legiflative 
interference in matters of domcftic and mercantile 
economy. 

1 . Setting out with a wrong obje^ — hard labour 
inftead oi profit. 

2. Undertaking to give znj regulations or i«- 
Jlru£liQns at all with regard to choice among the 

fpecies of employment. 

3. Grounding the choice upon a wrong principTe : 
employing human exertion to generate pure force* 

4. Making peculiarly difadvantageous applica'- 
tions of that di fad vantageous principle— <:apftern-. 
work put upon a line with wheel-work. 

5. Prcfcribing 



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144 § S* Efnployment. 

5. Prefcribing other employments particularly dtj^ 
advantageous upon the face of tliem : fuch as beat- 
ing hemp, rafping logwood, chopping rags — ope- 
rations already performed to more advantage by 
machines moved by the elementary primum- 
moii/es. 

6. Putting a negative upon mixture of employ- 
ments^ though alike recommended by health, eco- 
nomy and comfort. 

7. Putting a negative upon a free change of em* 
ployments, as economy may occafionally require. 

8. Limiting the quantity of labour either one 
way or other in point of time : working-hours not 
fewer dian 8, 9, or 10 in a day, nor more. 

9. Making the limitation different in different 
feajons : 10 hours for feven months, 9 for two 

other months, and 8 only for the remaining 
three : thence lofing fo much in the two latter 
feafons. 

10. Making the limitation fuch, that the exer- 
cife fliall be hardejl in the feafon when men are 
leaji able to hear it. 

11. Making further deduftion from the fum of 
labour on the ground o( length oi /landing: ftriking 
oflF fo much when one third of the term is over, 

and 



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§ 5 Employment, 145 

and fo much more, when two thirds with or with- 
out limiting the amount of the deduction, or fpc* 
cifyingthc mode. 

12. Making the deduftions per faltum: two 
degrees only of relaxation, two clajDTes only of pri- 
foners: to the difregard of the numerous differ- 
ences indicated by the circumftances of indivi- 
duals. 

13. Facilitating -undue preferences: ^by the 

power given of changing the work from real to no- 
minal. 

14. Authorifing ^xceffive additions to the dura • 
4ion of punifhment, by a judicature, fecret and 
arbitrary, and liable to be interefted. 

15. Eftablifhing an expenjive fund of reward 
and punifliment : and that fo conftituted, that it 
can never be ufed till the inutility of it has been 
demonftrated by experience : degradations and in- 
dulgencies that cannot take place till one third or 
^two thirds of a man''s time is over. 

16. Prefcribing, under the common notion of 
hard labour, two claffes of employments as oppojtte 
in point of feverity of exercife as poflSble, without 
.anv medium. 

Part TI. L 17. Prefcribin;]; 



146 § 5- Employment. 

17. Prefcribiiig for fuch oppofitc meafures of 
exertion, the fame meafure oi relaxation ; and that 

in every particular hours, feafons, and lengdi 

i^fftanding^ 



§6. JDJET 



ik^< 



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§ 6. Diet. 147 



§ 6. DIET. 

ON the important head of diet, the principles 
already eftablifhed leave little hene to add : 

1. Quantity, unlimited :* that is, as much as 
each mfin choofes to eat. 

2. Price, the cheapeft.f 

3. Savour, the leaft palateablc of any in common 
ufe.J 

4. Mixture, none, 

5. .Change, none unlefs for cheapnefi. 

6. Drink, water. 

7. Liberty to any man to purchafe more palate- 
able diet out of his fliare of earnings. || 

* Rule of lenity, fee § i. 

•)- Rule of economy. 

J Rule of fe»eritj'. 
. ]| Rule of economy. Few cafes, I believe there are, if any, in 
which it will not be found advantageous even in point of economy 
to allow a man in the way of reward, a proportion o( hisearning^. 
But reward muA^ aiTume thefliape of a prefent gratification, and 
that too of the (ienfual clafs, or, in the eyes of perhaps the major 
part of fuch a company, it can fc^arcely be expeded to have any 
value : and if it takes a fehfual fhape, it cannot take a more unv 
exceptionable onf • 

L a Rttl9 



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248 ^ '6. Hid. 

8. Fermented liquors excepted, which, even 
fmall beer, ought never to be allowed on any 
terms.* 

Thus 'fpeak our three rules. {Look round among 
the fyftems in praftice, we ihall .find them all 
three tranfgreffed, and what is more, the- oppofite 
excefles united in one and the fame tranfgrefliooj 
Many diflFerent dietaries have been adopted, pre- 
fcribed, or recommended. Thefe oppofite defefts 
may be obferved more or lefs in all of them. Ih 
all of them the food is limited in quantity : in all 
of them itis more»or lefs too good in quality. At 

Rule of feverlty* How many thoufands of the honeft and induf- 
trious poor are incapable, ^unlefs at the expence of food and nou- 
rlihment, of giving themfelves this unnecefTiry indulgence. 

♦ The mifchief done to health by the ufe 01 abufc of ferment- 
ed liquors is beyond comparifon-greater than that effe^ed by all 
other caufes put together. The ufe is in faA none at all, where 
habit is out of the qujftion. It would be next to impoflible to tole- 
ate a moderate enjoyment without admitting excefs. The famcl>e- 
TeFag£ that produces no fenJibie tiXt€t on one man will overcome 
«nother« Even fmall beer ought not to be exc'uJed from the 
general profcr 'option: for theie can be no commonly prapicable 
teft for diftipguifliing fmall from ftropg: and I have known con- 
/bitutions to which «ven orviioary. fmall beer has afforded the meant 
•f intoxication*' 

Wymondham 



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§ 6^ Dltt^ r49 

Wymondham, thi;ee difFerent forts of things in 
turn, but of the only one of which the quantity is 
Jpecified, viz. bread, a dfeplbrable fcanty meafurc. 
Thus far however right, as, except one meal in the 
VkTeek, animal food forms no part of it *. 

Twopenny, worth of bread only for a whole day ? 
and this under the hardeft as well as the eafiefl 
work ! Twopenny worth of bread i Many a man. 
will eat as much with his meat at a fingle meal. 
The allowance fettled too not by quantity but by 
value ! If thus fcanty when at the largeft rate,, 
what muft it be when one third of it is flruck offi 
Under a regimen like this a prifon muft be a fcene 
of perpetual famine. I read it in the dietary. How- 
ard read it in men's countenances. "Several young 
" men," fays he, (hisvifit wasin I788t ) "feemed* 
" as if they could not go out fo fit for labour as^ 
^ they come in."^ — Nobody ^ it is faid,,^;Vj /y^^v*,- 

• WYMONDHAM DIETARY. 
Two Meals,. 



Breakfaft, 
A penny loaf every day. 



Dlnnen 
Ditto two days, potatoes tw<> 
days, bjiled peafe two days* 
ox-cheek foup, one day* 

•f" September i«;— On Lazarettoi, pi 151* 

L 3. L believe 



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150 § 6. Diet. 

I believe it : they do not ftay tliere long enough : 
but there are flow poifons as well as quick ones^ 
l^dbddy^ it is added, isjich there. I deny it. Every 
body i^ fick there, and always. Is not a perpetual 
gnawing in the ftomacb a difeafe ? Work little ot 
much, behave well or ill, this is to be their fate^ 
Wer^ I to put a man to fuch a regi^mcn, which as- 
a n^ceffary means to a fit end I ihould not fcruple^ 
J fh'ould fpeak honeftly and call it torture, I (hould 
tife it inftead of ai thumb-fcrew : it is applying the 
i'2;ck to the infide of the flomach inftead of the 
outfide of a limb. Men that have once been there da 
nx)t come there a fecond time^ I dare fay they don't^ 
nor Would they were their aHowance thrice as great 
as it is. It is faid the profits of the work are more thaw 
double the expence hf this maintenance. I dare fay 
they are : — \Vhy ? l)ecaufe the maintenance is lefe 
than half what is fufficient.* 



• God forbid what is here (aid flioirfd be the means of throwinjjp, 
any thing like odium on the labours of the refpcS^blc magiilrate" 
to Whom the public it indebted for this regimen ind the account 
^e have of it. Of the purity of his intentions malice itfelf could 
aot fug^eft a doubt : of his having confcience on his fide, he 
has given the moil unquefttonablc proof that man can give : 
fur it is he himfelf who publiihes his plauj aad calU upon the 

world 



"U 'l Lj l l i UU LV 



CoQgk^ 



"=^ 



§ 6. Diet. 151 

The gbod Howard, who with mcprotefls againft 
this dietary, has given us one of his own : and in 
this, as in fo many other inftances, has fhewn how 
little felf was in his thoughts. Good things, a 
variety of them, and butcher^s meat amongft the 
reft *• Butcher's meat twice, c«r rather four times 

world to judge of It. Seelag that economy wu the point at which 
the Penitentiary fyftem ftuck, it was his acal for the fyftem 'that 
carried bim the(e lengths to terve it* Is> this ferving it as it ought 
te be fenred } that is the quedion* It is an honeft difference be- 
tween uSy and I hope not an irreconeiieable one. But while my 
opioioas on this head remain as they are, I cannot help regiet<- 
ting, for the fake of the prifoners, that fomc contracting Jew 
•rhad not had the management of the prif »n. The moft rapacicu* 
♦f the tribe would not have dared to gp fuch lengths on the fide 
of parfimony as this gentleman has gone fr m the poreft motives r. 
if he bady in(iead of proclaiming it and calling for imiiatioOy he 
would have been as anxious to conceal it as if he had Itolen what 
itefaved.^ 

• HowAKD^s Dietary. On Laxarettcs^^, 238^^. 
Good wheaten bread i^lb. daily, viz. ^Ib. at breakfaft, and jlb*. 
at dinner. 

Ereakpast. 

Every day ji of a pint of wheaten or barley m^l, oat- meal, or 
ylce made into foup. 

DiNKIR* 

Sunday and TburfcU^f xlb. of beef, mutton, or pork without 



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152 § 6. Diet. 

a week, to felons whofe diet is to be their ptinifh- 
ment ! Butcher's meat for the loweft vulgar, as if 
for fear a cheaper diet fhould not agree with them ! 
He himfelf all this while never fuflFering a morfel 
10 enter within his lips. Yet what man ever en- 
joyed a more uninterrupted flow of health and 
fpirits ? 

This inconfiftency, in a word, runs through all 
the dietaries I have ever met with. Nobody who 
has ever had the courage, to be either cruel enough 
to feed felons as fo manyhoneft men would be glad 
to be fed, or extravagant enough to give them as 
much of the pooreft food as they require. The 
fimpleft courfe one would think was dooined to be 
always the laft thought of. 

I look at the Hulk dietaries: and in thefe, animal 
■food abounds more than in any other. This is 
not difficult to account for. The prifons are fliips : 

Monday and Friday ^ a pint of pcafc boiled In the broth of thf 
■preceding day. 

TuefJayy i a pint of wheat or wheat flour made into pu riding or 
foup. 

f Wcdnefday, 2ib. of potatoes, turnips, carrots, or other vegeta- 
bles that are in f af )n. 

Saturday, ^Ib, of cheefe, or the vegetables as on Wednefday. 

the 



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*'^im3u*j wpe5Bagpwptff 



§6. Diet. 153 

tlie guards feamen : it rauft be feaman's provender. 
"What was the cuftom at fea would of courfe be 
kept in view, not what was the cullom elfewhere 
where men are kept cheaper, much kfe what are 
the demands of nature. Neighbour's fare could 
not well be denied : efpecially when fuch a price 
was paid for it. Howard too had been there and 
grumbled : and there were thofe who. had the 
fear of Howard before their eyes. The powers 
above were doubtlefs told, that all this good living 
was well paid for in work : men who work hard 
muft be well fed : and when men are well fed, 
thofe who feed them muft be well paid for it. 
What has not been faid I fuppofe to the powers 
above, is however moft true,, that what is paid, for 
thus working men and feeding them, over and 
above what need be paid, is more than even the 
pretended value of their work. 

Turn now to the Penitentiary -Aft. Another 
vifit to the kitchen^ and as much got by it, as be- 
fore. By § 35, every oiFender is to be '* fuftained 
" with bread and any coarfc meat or other infe-* 
^ rior food,, and water or fmall beer." 

For humanity, for health, for comfort, what 
^oes this do ? — Nothing.— In what refpeft can the 

prifoners 



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>54 § 6. DUt. 

priforiers be tfic better for this article ? In none. — 
What fays it ?— That the food fhall be fufficient ? 
•— No.*--That it fhall be wholefome ? — No : not 
fomuch erenas that. — What then? — that bread 
ftall form a part of it. They are to have — ^what? 
bread and fomething befidcs. What is that fome'f 
ftihg to be ? Is it to be meat at all events N— No : 
but either meat, fo as it be coarfe, or any thing. 
«Hc whatever, fo as it be of an inferior kind. Infe- 
rior to what? that the ftatute has not told us, and it 
Would have been rather difficult for it to have told 
us. 

For economy what does it? Nothing*- Does 

it fet up any fort rf barrier againft unthrlftinefs or 
Wafte ? May not meat, though coarfe, be unthrifty 
food, if fumifhed in an unueceflary quantity or 
laid In upon unthrifty terms?— Might not their 
caterer cram them with Polignac rolls for any 
thing there is in the Aft to hinder him ? 

It does worfe than nothing. One thing it does de- 
tfermine — bread they muft have :— bread, for ever,, 
and at all events — Why always and at all events 
bread? Is it that bread is always the cheapeft of all 
fcod ? By no means* Whether it be fo at any time it is 
Hot nece&ry to enquire : it is fufficient that it is not 

always.. 



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§ 6. Diet. i5i 

always. Bi'ead is af mantrfafture. Doe^ ti6t the earth 
afibrd fubftances that Will ferve for food, that are ac- 
tually made to fcrve for food with Icfs expence of 
msmufafture ! Is brdad any where a necefiary arti- 
cle ? Is rt fo much as univerfal amongft ourfelves f 
Are there not hundreds of thoufands,^ nay millibni 
of honeft men in the three kingdoms, to whom the 
very tafte of it is \lnknown ? Is not Ireland fed 
with potatoes ? Is not Scotland fed with oatmeal? 
Is that inferior grain fo much as manufadhired intd- 
bread ? Are Irifhmen a puny race ? Is the arm o£ 
the Highlander found weak in war? — What a lef^ 
fon to hdd out to fo large a portion of the people f 
— that tlie food they ate content with, the beft 
their country can aSbrd them^ b iK>t good etiough 
&r felons !* 



* Not only bread Is to be given at all events m ordmary,. but 
^▼en where ah \nfit\ot diet ts prefccibed to be given for puiriflii- 
ment's fake, (liH it is to confift of breads Goth upon guile, antk 
the moft guilty among the guilty are never to be funk fo low ia- 
this fchooi of rigid dlfcipiine^as to be no higher than upon a par 
^th Hberty ahd innocenctf. 

Even len.ty ikfelf, were that the only confidsration, would af- 
ford An objedtioi) igainft the feting upon bread as a neceiWy arti- 
cle. Bread being a fort of food which is commonly eaten mth. 
mtit, and with, whkh meat is^ commonly eaten, the giving it with* 

out 



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156 §. 6.. DleU 

For what purpofe then can this regulation ferve? 
For what could it have been meant to ferve ?— ^ 
For guidance? — For inftrudion ? — Did it need the 
vinited power and wifdom of King» Lords and 
and Commons, to inform us, that there are things 
which may be eaten with- bread, and that meat is 
one of them ? Almoft' equally ufelefs is that part 
which prefcribos the drink, though not equally 
pernicious. They are to have — what ? Either 
water or fmall beer. If the being confined to water 
is an undue hardfhip^ what does this claufe to fave 
them from it ? If it is not an undue hardfhip^ 
why expofe the public to be put to the cxpence fo 
much as of fmaU beer ? In what refpeft is the re- 
gulation of the fmallefl: ufe to them ? Though they 
were to have beer given to them, is there any 
thing in the ASt to prevent its being four or 
mufty ? 

For what ufe then this regulation about diet ? 
when profufion is left without bounds, and when 
the prifoners may be flarved or poifoned for any 
thing that it does to fave them. Afkofwhat 

oat its ufu2.1 accompaniment would naturally make the privation 
the more fenfible. 

diflervicc' 



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§ 6. p!a. 157 

diflervice? The anfwer is plain, and mot to be 
contradi£ted. It prevents them from being fed f6 
cheaply as otherwife, without any prejudice to 
health, they might be. In this important article 
good economy and this A£t cannot exift together. 

Afk my contraftoc, and after a year or two's 
trial he will vtell you diftinftly how many thou- 
fands.the nation would have had to pay for this ex- 
ciirfion into the kitchen. The world, you will 
find, might be failed round and iround ^for jsl 
■fmall part of theexpence. 

Vain would it be to fay, fo hngas you grve them 
heady though it be but a morfely you may compofe the 
•bulk of their food of whatever is cheaper y without 
violating the letter of the law, — Certainly : but 
could you without violating^ the fpirit f without 
departing from .what it was evident the authors had 
in view? Is. not the article of bread put foremoft ? 
Is it not evident, that according to the notion and 
intention of thofe who drew this claufe, bread was 
to compofe the principal part of men's food ? — But 
fuppofe the claufe not obligatory — what would it 
Jihen be ? — Nugatory. — -Here, as before — tnifchief, 
X)r nothing — fuch is the alternative. 

'Turn 



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IS« $ 6. Diet. 

• Turn them over to a contraftor, and obferve 
fK>w <lifferent the refult. No need to rack inven- 
tion to prevent his fpending too much upon their 
food. Leave it to him, and one thing you may be 
fure of : that in this way as in all o^ers, as little 
•will be fpent upon -them as poffible. 

The only thing to fear in this cafe is, left he 
&ould not l^ftow as much upon them as he ought. 
But againft this you have your remedy. Do 
what the Penitentiary Aft has not done, require 
that the food fhall be wholefome and that there 
ihall be enough of it. This is fomething. It is 
fuch ground as not only popular cenfure, but a le- 
^al indi£kn>ent may be built upon. Is it not yet 
enough ? Say that, punifhment apart, he fliall feed 
4hem to the c;itent of their defires. Will he ftill 
^il you ? — Hardly. — ^Even upon the plan of the 
^refent Penitentiary AQ. fome eyes, upon the Pa- 
•Aopticon plan, all eyes, are on him. The latitude 
•Aus given him with regard to the choice of the 
'food, which of courfe will be of the cheapeft fort, 
^Mvea of fervice to his integiity and to the com- 
4ofto{^Ae prifoners in this refpeft, by the jealoufy 
it excites. Whatever he does in this way is his 
own doing : the refult of a motive, of which the 

force 



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force is known to every one, and regarded with a 
fufpicbn whidi is as univerfal as it is reafonablc. 
It is his own doing, and feen by every body to be 
fo. No pretence of public good, no letter of any 
Jaw, to afford ihelter to inhumanity or avarice. 



§7. cLOjrmNG 



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1 6a § 7. Cloathing. 



§ 7. CLOATHING. 

A Few words under the head of cloathing, and 
but few. 

Health, comfort, and decency prefcribe the li- 
mits on one fide : economy on the other. Fa- 
fhion, the fupreme arbiter every where elfe, the 
cottage not excepted, has no jurifdidiion here. * 

The Penitentiary A61 points out two other ob- 
je6b as proper to be kept in view, humiliation and 
fafe cuftody. So much for generals : happily un- 
der this head it keeps clear of fpecifications. 

Two hints I will venture to offer to my Con- 
tradlor in this view. 

For men, coat and fhirt-ileeves of unequal length • 
the left, as ufual : the right no longer than that of 
a woman's gown. 

Economy is ferved by this contrivance in a fmaBl 
degree : fafe cuftody in a greater. The difference 
of appearance in the fkin of the two arms will be 
an effenti^d mark. In point of duration, nothing 
can be more happily fuited to the purpofe : it is a 

permaneot 



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§7* Cloathifig. i6i 

pennaii^it diftindtion i^rtdiotit being a perpetual 
fligma. 

Exclufivc of this pledge, I l<>ok upon efcapc 
out of a Panopticon, I have faid (o over and over, 
as an event morally impoffible. But fuppofe it 
©therwife — ^ho w great the additional fecurity whieh 
an expedient thus fimple Would afford ! 

A man efcapcs — minute perfonal defcriptloh, 
Jignalement^' as the French call it, is abnoft need- 
Ifefs. One fimple trait fixes him beyond poffibility 
of miftiake. His two arms wear a different appear- 
ance: one, like other men's: the other red and 
rough, like that o^ a female of the working-clafs. 
No innocent manrtan be arretted by miftake. He 
bares his two arms : — -Obferve they are alike. I am 
not the man : you fee it is impoffible. 

The common expedient isj one fleeve of a dif- 
ferent colour. This cofls fomething: it faves no- 
thing: and when the coat is ofF the fecurity isv 
gone. 

Hardfhip there can be none:: the tender^ fex^. 

even in its tendereft and mofl elevated ^claCTes has 

both arms bare. Abiottg the Romans, even the 

moft luxurious and effeftiihate,. not' the fore-arm 

Part II. M only 



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1 62 § 7. Cloathlng. 

only but the whole arm was bare, up to the very 
ihoulder. 

2. In both fexes, on working days, fhoes 
wooden; ftockings none: on Sundays, ftockings 
and flippers. 

Shoes wooden for feveral reafons. 

1. They are cheaper than leather. 

2. Among the common people in England they 
are known as a fort of emblem of fervitude. 

3. By the noife they make on the iron bars of 
which the floors of the Cell-Galleries are compo- 
pofed, they give notice whenever a prifoner is on 
the march. Putting them off in-order to prevent 
this and efcape obfervation, isan a<Sl,. which if for- 
bidden will not be praftifed, where non-difcovery 
will be fo perfectly hopelefs. Befides that the bars 
would give pain to bare feet not accuftomed to 
tread on them. 

4. Were the prifoners to go bare-foot, the bars 
which form the floor of the galleries mud be fo 
much the clofer, confequ^ntly the more numerous 
and cxpenfive. 

5. In climbing with a view to efcape, it would 
be impoflible to make ufe of die feet either with 
the woodcia (hoes on^ or with naked feet kept ten- 



Cc 



§7- Cloathmg. 163 

&tr by the ufe of flioes. Common leather fhoes, 
cfpecially when ftout andcoarfej are of great affift- 
ance in climbing, and bare feet hardened by tread- 
ing on iron and on the bare ground might find no 
great difficulty. Bare feet that were accuftomed 
to fhoes would ferve as indifferently for running as 
for climbing : and a fugitive would hardly carry 
about with him fo palpable a mark of .his condi^ - 
lion as a pair of wooden (hoes. . 

Neither in this privation, fafliion apart; is there 
any real hardihip. , Not to mention antiquity,. 
or foreign nations, in Ireland fhoes and flock- 
ings are rare among the common people in the 
country *. In Scotland thefe habilirnents are not 
generally worn by fervant-maids, even in cre- 
ditable families. 

It is on account of fa(fhion, and the notions of 
^ecorum dependant on fafhion, and to avoid giving 
difgufV to the Chapel-vifitors, that I propofe flock- - 
ings and flippers for Sundays. Slippers in prefe- - 
rence to fhoes, as helping to keep up the difVinc- 
tbn, and being lefs^expenfive. Slippers, according ; 
to.<)ur cufloms, fuit very well the condition of- 

• Ycung^s Ireland, p. 121. , 

M2.. thofc 



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164 § 7- Cloathing^ 

thofe who it is not intended fhould ever Be aBfcntr 
from home. But in the Eaft they are worn at allt 
times in preference to (hoes- 

As to the reft, fee the title of Healtk and CleanB^ 
nefs. 



% 8- bedding; 



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f 8. Bedding. HjSS 



4 8. BEDDING. 

A Word or two, merely to fet the Mana- 
ger at liberty on the article df bedding. 
More uttlegiflative minutenefs, more unthrifty 
fixation. Each prifoner is to have a bedftead, that 
bedftead is to be iron» the fheets ;lre to be one or 
morej they are to be hempen, there is to be a 
coverlit, there are to be bbrttkets, there are to be 
two or more of them, and they are to be coarfe* 
Why a bedftead at all events, and that df iron, by 
A61 of Parliament? Not thit there is any harm 
in giving prifoners iron bedfteads: it is "^hit I 
might for aught I know give them myfelf, if it 
depended upon me. Here again what is the ob- 
jedl ? Comfort, or economy ? The former gains 
nothing, and the latter fuffers by it. Spite rf th6 
A€t, your bedftead, though of iron, may be fo 
dear as to be an unfrugal one, or fo fcanty asto be 
an uncomfortable one. Procruftes, were he ma- 
nager, would find nothing in it againft his bed.— 
Is it that ironr is die cheapeft tcaXttvsl for bed* 
M 3 fteads 



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1 6$ § 8. Bedding. 

fieads ? A contraftor then, had it been left to him, 
would have employed it. But it is not cheaper : 
a wooden one of the fame fize may be had for lefs 
money : and a bedftead, even a wooden one, will 
laft for ages *. 

But why force be'dfteads upon the manager at 
all? Is it fo certain that they will be preferable to 
hammocks? Is it fo certain that they will b« 
dieaper? Will they be warmer? Will they re- 
quire lefs bedding? Will they take up fo much 
Jefs room ? Is there any thing in hammocks incon- 
fiftent with good health ? Had the immortal crews 
of the Refolution and Adventure any thing elfe to 
lie on ? Can hammocks, any more than iron bed- 
fteads, harbour bugs ? 

Why matting f Is it that you are afraid of their 
having feather-beds ? My Contra£lor would eafe 

* ^ugj), It is true, may lodge in wooden bedileads. Thit 
Is a very good rtafon for preftrring them for hdfpitaU* But there 
the cafe is different in a thoufand re^eds. Comfort is the great 
cbjc£l there : by difcomfort and want of reft even a bug-bite 
may be prodti£tlve of ferious confequences. In hofpitals the in- 
troduction of fuch vermin is facilitated by the promifcMOus acceff 
incident to a frequent change of inhabitants and to a ftate of free- 
dom tdifcipline, in this as in other points, cannot be enforced wi&h 
cjual rigour or facility. 

you 



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§ 7* Bedding. 167 

you of your feirs. — Why matting and not/Iraw*. 
Matting is not To favourable to cleanlinefs as ftraw. 
Matting, being a manufadlure, cofts fomething to 
make, and cannot be fhifted e,very week or fort- 
night on account of the expence ; ftraw might ; 
the more eafily, becaufe having performed this 
fervice, it might be applied to other ufes with little 
lofs of value. 

Sheets^ why hempen at all events ? If flaxen be 
cheaper, why have hempen ones ? If dearer, what 
fear is there that the Governor, if he undertook 
the bufinefs by contra6t, would allow them ? 

Blankets too — to what end fpeak of blankets 
and coverlits, and enaft that the blankets fhall be 
" coarfe,'* leaving the coverlit to be of eider-down ? 
Peculation or extravagance might give each man 
blankets by dozens, and thofe of beaver or vigogna 
wool, for any thing there is here to prevent it : ava- 
rice might ftarvc him with a worn-out linnen 
coverlit, two thread bare blankets, and thofe not 
worth picking oflF a dunghill f. 

* To inclofe the ftraw, as Howard fays, there fhould be a fack 
/or fcveral rcafons. 

f 3f you muft regulate, do what for the Hulks ths Aft has not 
iont, and fave men froia the incommodious and indelicate necef- 



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1 68 ^8. Bedding. 

$cy of lyij)g two in « bed. On board the hulkt, thii wst (and 
I fuppofe is) the cafe, ai the evidence the authors of this Adhad 
before them, declares. 

The fingle fiieet the Ad allows of is an ankward and uncom- 
fortable contriyance. A fack, with a flap under the chin, would 
take lefs ftuffand be more comfortable. 

This, let it be obferved^ lain a note» luid not in an Ad of Par- 
liament. 



5 9. HEJLTff 



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^ 9* fftalib and Cleandtu^. t6^ 



§ 9- 
T3EAL1H AUD CLEANLINESS. 

HINTS relative to this fubjefk are not noblo 
in thenifelves : but they are ennobled by 
the end. 

1. No blowing of nofes but with a handkcrr 
chief. 

2. No fpitting, but in a handkerchief or fpit- 
ting~box. 

3. No tobacco in any flupe. 

4. Wafhing of hands and face atrffingandgo* 
ing to bed : wafhing of hands immediately before 
and after each meal : wafhing 6f feet at going to 
bed. 

7. Hair of the head to be fhaved orcropt: if 
fhavedy to be kept clean by wafhing : if cropt, by 
brufhing. 

8. Bathing to be regularly performed : in funs^ 
mer once a week : in fpring and autumn once a 
fortnight: in winter once a month.* 

* In cold weather, immediatsly before tke Aimmons to the 
^wheel would be the beft time. The warmth loft in the former 
OfeiatiOB would thus be reftored with iatertft by the latter. 



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170 §9- Health and Cleanlmef 5. 

9. Shirts clean twice a week. 

10. Breeches wafhed once a week: coats and 
waiftcoats once a month, in fummer: once in fix 
weeks, in fpring and autumn : and once in win- 
ter. Sheet once a month : blankets once in fum- 
mer. 

11. Cloaths all white, and undyed: by this 
means they can contradt no impurity which does 
not fliew itfelf. 

Ohfervations. 

Much of the regimen on this head muft ofcourfe 
be arbitrary : it may be tightened by fome, it may 
be relaxed by others, and yet nobody to blame. 

Nothing like all this nicety with regard to clean - 
Jinefs can be nee efTary to health : in fome points it 
is more than is pradiifed by perfons of^the higheft 
ftations and of the greateft delicacy. But the gi;eat 
life of it is to enfure fuccefs to the plan of Chapel- 
vifitation : in which view it is abfolutely necefTary 
to prevent every thing that can give difguft to any 
of the fenfes. To get a bow ftraight,bend it, fays 
the proverb, the oppofite way. 
' This part of the rc^men has even a higher ob- 
^edt. Between phyfical and moral delicacy: a 

^ cona^^ticffi 



.JiiirtTze(tbyGOQgk:,^ 



§ 9« Health and Cleanllrtefs 17 x 

a connedlion has been obferved, which though 
formed by the imagination, is far from being 
imaginary. Howard and others have remark- 
ed it. It is an antidote againft floth : and keeps 
alive the idea of decent reftraint, and the habit of 
xircumfpciSion. Moral purity and phyfical are 
fpoken of in the fame language. Scarce can you 
inculcate or commend the one, but fome fhare of 
the approbation refle6ls itfelf upon ' the other. 
In minds in which the leaft grain of chriftianity 
has been planted, this aflbciation 'can fcarce fail of 
having taken root : fcarce a page of fcripture but 
recalls it. Waftiing is a holy rite. Thofe who 
difpute its fpiritual efficacy will not deny its phy- 
fical ufe. The ablution is typical : may it be pro- 
phetic ! — Alas ! were it but as eafy to wafli away 
moral as corporeal foulnefe f 

Here might regulation range, and economy re- 
ceive nodifturbance. Accordingly (hall I fay ?— 

no: I will not be fpiteful : — but however, fo it is, 
the Penitentiary Aft is filent. 

On reception in particular, thorough cleanfing 
in a warm bath : thorough vifitation by the fur- 
geon. This, in a Receptlon-Houfe without th# 
'building. Cloathing new from top to toe — the old 

thoroughly 



Digitized byLjOOQlC 



lyce $9. Health and Ckanlinefi^ 

thoroughly fcowered or condemned. Ablution-*- 
regeneration — folemnity — ceremony— —Form rf 
prayer : — ^theoccafion would be impreffive. — Grave 
mufic, if theeftabliAmentfurniihed it4 pfalmodr 
at leaft, with the organ. To minds like thefe (to 
look no farther) what jn-eaching comparable to that 
<which-addf€^ itfelf to £stiie J 



S 10. 0^ 



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§ 10. jftring and ExerctjK jyj 



I ■ ■ppii II 1 J 
§ lO. OF 

JIRING AND EXERCISE. 

THE ufe of airing is to fervc as a prefervative 
tp health. 

Literally taken it means nodiing but expofure 
to the air.. But under the notion of airing is ta- 
citly included that of cxercife.^ As a means to the 
:4K>ve end, either would be incompleat without 
the other. 

In the choice of a plan of airing for a Benitcn- 
tiary-Houfe, and in particular for a Panopticon 
Penitentiary-Houfe, the following are the qualities 
that appear to be particularly defirable— 

1. That it be fuflScient for the purpofe of health* 
for the fake of which it is inftituted. . 

2. That it be fubjedl to the inviQlahle law oft 
iafpci^ion. 

3* That it be not incompatible with thedegrec 
ti feclufion pitched upon. 

4. That it be capable of bcij^ aM^icdjrtgwlarljr 
and without interruption. 

5. That 



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^7.4i § * I O- jfiring and 'Exerctje. 

5, That it be favourable to economy : viz. either 
by being produdive of a profit, or at leaft of being 
applied with as little expence and confumption 
of time as may be, on all days except thofe in . 
which Religion is vmderflood to put a negative 
upon that worldly confideration *. 

fValklng in a nvbeel is a fpecies of exercife that- 
fulfils to perfedlion every one of the above condi- 
tioas. 

I. It does every thing that canbewiflied for- 
with regard to health. You may give a man as 
much or as little of it as you pleafe. It is but a 
particular mode of walking up-hill. A lazy pri- 
foner cannot cheat you. , The turns may be num- 
bered-^there are known contrivances for that pur-- 
pofe. A partial or tyrannical Infpedlor cannot af- 
fign to a prifoner too little of this exercife or too 

• In tkcWymondham Penitentiary Houfe the place allowed,, 
the only one that can be allowed, fojr airing, is the inclcfed qua* 
drmngte within the building, ao area of about 70 to 86 fett. In 
this the air is taker— By wh( m ?— By ail \ht prifoi.ers ?— No : - 
but by "fome^* only.— And by thofe how ?— Rrgu'arly ?— No: 
but " eccafionaiIy»'''--^'Vf hy by fomc only, and by thofe only oc- 
cafionally ? Does the neceiHty of air and exercife to health and , 
lifip coB>c at od4 timc9» »o<i rary with the degrees or. fancied de- . 
grees of guilt i 

much* , 



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§ 10. Airing and Exercife. 175 

much. The efFecSk is produced by die mere weight 
of the body fucceffively applied to different points*. 
Exertion cannot be {hrunk from by one man, or 
exadled beyond meafurc from another. The exer- 
cifc is the fame, or nearly the fame, ifbr one mail- 
as another : for a heavy man as for a light one. 

2. That it is capable of expofure to infpefiion is- 
evident enough. Itisfcarce neceffary to obferve that* 
the axis of the wheel fhould be placed in a line not* 
widely deviating from a right line drawn from if 
to the Infpeftor's eye, when ftationed in the Look- 
out or Exterior Lodge. i 

3. It is not incompatible with the ftriSeft plan 
o£ feclufion: not even with abfolute folitude. 
Whatever perfons are companions in a cell, the* 
fame perfons and no others may he companions in^ 
a. wheel. The different parties may relieve one; 
another in the way that will be pointed out pre- 
fently, without any opportunity of converfe. 

It is beyond comparifon rpore compatible with: 
feclufion, and even with folitude, than ordinary 
walking. Requiring more exertion, a given quan- 
tity of it will go much farther, and is performed 
without change of place. It is walking up a hilV 
and that a pretty fteep one. 

4. It 



SBKB 



jy6 § IQ. Aiing emd Extrcifi. 

4^ It need not fuflfer any interruption whatfo- 
ever:, not even in^ the vrorft of weather. Ta 
each airing- wheel there is an awnings to be nied' 
only in bad weather, fupported by a few flight 
iron pillars^ and compofed of canvas, or whatever 
clfe is cheapeft. It is provided with fide-flaps all 
lound : fuoh of them only as are neceflary to keep^ 
out the weather are let down: that fide alone ex- 
cepted whidb ist towards the Infpe<9:or, and which,, 
if letdown, would impede his view. To extend: 
the protetSion to this open fide,., the aperture is co- 
vered by a fliort projeftion like a ppnh. 

5f It is not only fevourable to economy^ butthe- 
only opeiJation ever thought of in this view that is 
fo. It is all profit: and this profit is obtained^ 
without any facrifice. It is not in the fmalleft de- 
gree the lefs healthful for the profit which it 
brings : walking up hill is not at all a worfe exer- 
cife, thou^ it: will go farther, than walking on: 
f^in ground. Health and economy are. not upon 
fuch bad terms as the mi thoritattve plans of peni- 
tentiaiy management feem to fuppofe*: an^penl- 
tion is not unfitted fbr the one piirpofe, merely by 
being made fubfervient to the other. No othier of 
the modes as yet propofedofsqpplyingforced labour 

18 



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§ lO. Airing and Excrc'ife, 177 

is equally advantageous, or equally unobnoxious 
to abufe. Heaving at a capftern, the exercife 
placed on a line with it by the Penitentiary Ad, 
bears, as we have already feen, no comparifoii 
with it. 

6. This exercife, it may be obferved, is appli- 
cable with equal propriety to both fexes. What 
fhould hinder the fetting a woman to walk up a 
hill any more than a man ? But who could think 
of fetting the weaker and fofter fex to ftrain and 
ftruggle at a capftern ? 

To attempt to determine what are the moft ad- 
vantageous applications of all that could be made of 
the power thus acquired, would be equally ufelefs 
and imprafticable. It may be applied to any pur- 
pofe wbatfoever that the form cf the building or the 
dimenfions of the outlets do not exclude. Every 
one who is at ail converfant with the principles of 
mechanics knows, that when you have obtained 
any how a given quantity of power, the direction 
that may be given to it, and the ufes it may be ap- 
plied to, are at your command. If your trade re- 
quires it, you may have a perpetual motion if you 
pleafe. You may do what the Penitentiary A61 
adyifed you, faw JimCj poli/h marble^ beat hcmp^ 

Part II. N rafp 



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178 f ro. j£nj^' ottdlE^t^nri/i. 

rafp l^woody or chop rags* Yew may do a tbovi-' 
fand things befides, and amqngft the thoufand, a 
tlK>Brand to fiye, fome that will be mdi'e {Hfofitarhle 
than thcSt. Having it in tliis caiib cfae^3ier than 
you can employ even the powers of nature, having 
it in fliort for nothing, you may apply it with ad- 
vantage, in every inftance where there k advan* 
tage to be made by dividing labcair in fuch a manner 
as to commit the produ&ion (y£ thefedrce and the 
direftion of it to diferent hands. 

One indifpenfable demand thercis fat it, and bat 
one :-^the raifmg water* for the fupply bf the eltab- 
liihment, and heahh vvill thus receive a double fa^ 
crifice. But for this purpofe a fmall part of t&e 
^antity of this fort of labour requifite for airii^ 
and exercife, will be fufficieni;. The reft will re?- 
main free te be dedicated to ecoiK>my in whate^MSr 
may be its moil prochifiive fli:^. 

What is die proportion 6f timi' that oa^ tahr 
allotted tothispart of the difcipline h — ^The<}aantity 
it is evident will admit of >Tery confidMabk varj»> 
lion. It will be lefs fatiguing, without being le^ 
conducive to health, ifpeFforttcd at twice rather 
tfian once, and divided betwieen dSftattt parts of Ap 
d&j. Lefs than a .quarter of a» lipov ^nA time 

Will 



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$ io» j^ring and Exercife^ ly^ 

%ifl hardly anfwer any purpofe. But t3lat tktte 
nay be doubled, treUed, qaadrui^edy if economy 
(faouk! require k. Happily the human frame al'- 
lows of a Gonfiderable latitude in this as well aa 
in mcrfl other parts of the dietetic regimen : nor 
therefore will it folbw, that becaufe half an hout 
^nt in this way out of four and twenty wouM ht 
fufScient, a whole one, or even two whcJe on^ 
would be too much. 

Under the notion of hard-labour, the Peniten- 
tiary Aft prefcribcs, as we have ieen, eight hours 
ef this exercife out of the four and twenty, at the 
time of the year when it is leaft fatiguing, and a 
quarter as much again when it is moft fo. 

The different parties, I have faid, or individuals, 
may relieve one another without opportunity of 
converfe. On the ftriking of the clock, an In- 
§pt&.or from his gallery opens the cell where the 
prifener is whofe turn it is to go into the wheel. 
He takes his courfe in the track already defcribed*. 
Arrived at the door which leads to the vtheei, b^ 

• Tbfovgli tht prifoners* fiair eaiie on that fide, fhtgffttM 
^tfftg^f the prifoners freights, the prif«ners rifing-iUirs, and tiha 
prifoRcrt lane, out of which a fide-door opens, leading to the 
titels* Set F^rt t \ ro, 15, 16, 17, and %•• 



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l8o § XO, ' Airing and Exercife. 

opening it he gives motion to a bell, at the found 
of which and not before the prifoner who is walking 
in the wheel, quits it and returns to his cell. Si- 
lence is enjoined to both parties by a general law. 
The fhifting, being the work but of a moment, 
and then performed under an Infpedior's eye, can 
never, under thefe circumftances, afford room for 
a prohibited converfation of any continuance or 
effeft. By the bell attached to the door that opens 
from the ftair-cafe upon the gallery adjoining to 
his cell, notice is given of the arrival of the re- 
turning prifoner to the Infpedior of his ftory, who 
immediately repairs to that fpot in the Infpedlion 
Gallery which is oppofite to the cell in queftion, 
9nd opens it, as before, to let in the returning pri- 
foner, in the fame manner that he who has juft de- 
fcended was let out. The Infpedior, having a lefs 
circle to move in, will naturally have reached his 
ftation before the prifoner has reached the corre- 
fponding one : but fliould this not be the cafe, the 
prifoner is inftru6ted to wait in the front of his 
own cell, without fpeaking or looking towards 
cither of the adjacent ones. The fame inftrudlion 
is given with regard to every cell by which he I^as 
occafion to pafs in his way down and up. And this 

inftruftion 



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§ 10. Airing and Exercife, l8i 

inftmdlion is not likely to be broke through, as be- 
fides the general fecurity for its obfervance afforded 
by the infpedtion principle, the Infpedior has, by 
the above-mentioned bell, received warning to ob- 
ferve. 

Mode of Airing on the Parade, 

Two Infpeftors in the firft place repair from 
the loweft Infpediion-Gallery by the line of com- 
munication to the Look-out : taking with them 
fire-arms, with a proportionable fupply of am- 
munition. In their way they carefully obfcrve 
that the fide doors opening into the Parade into the 
yards from the Covered-way through the Prifoners 
Lanes are locked. Notice being given to the In- 
fpecStors within that thofe in the Look-out have 
taken their ftation, the prifoners are in the way 
already defcribed let out of their cells. Arrived at 
the parade they take their ftations on the lines cor- 
refponding to their refpedtive cells. They halt till 
it be feen that they have properly occupied their 
refpeitive pofts. Then, on a fignal given from, 
the Look-out th^ march begins. 

N3 To 



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%tt 2a jtrkg and E:cerci/i, 

To mark the time, aad to prcferve regularity 
die better, the affiftance of martial mufic may be 
called in. Though the objeft be not military, 
there is nodiing to hinder the copying in this re« 
fpcft the regularity of the military difcipline. 
What are the inftitutions in which regularity may 
not have its ufe ? By military arrangement any 
number of perfons may be kept together or afunder 
Hi plenfore^ while in motion as well as while at 
xeft. By military difcipline a large number may 
be kept virtually feparated, though coUefted withiai 
Sk narrow (pace. At the time of exercife what 
converfation can be carried on even between next 
ae^bours, though not a yard afunder? Even 
in the milder discipline of the fchool, if the mafter 
thinks proper to command filei;ice, what converfa- 
tioo eia tc carried on within the circuit of his 
tye^ 

It is ID this way that hundreds, as we have feen, 
mxf enjoy the benefit of ^ir and exercife without 
ItieBfatrty of coQveriation, in t fpace which with* 
lOut an arrangement of this fort would not be fuffi» 
cient to affoid to three, no, nor to two, the fame 
limited indulgence^ In this way the fpace abfo« 
lutely neceilary for the purpofe may be determined 

to 



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§ ^10. . Sr and Ex&ctfe. t%^ 

td^ a foot fquare, and reduced to the fmalleft al* 
lowance poffible ^. 

Thus much for airing confidered as conjoined with 
cxcrcife. But too much care cannot be taken, topro-^ 
fit by every opportunity that prtfeats itfelf, of giv- 
ing the prisoners the benefit of the falutary influence 
of theqpen air. Thehoufe which tliey inhabit is 
biyond example . airy : — ^True: bi&JC .ftilMt. is a 
houfe. — We (hall come ptefently to tbu head of 
Sd>0ormg. . This excrcife of tltc uiwfuJ, tho»ij^ it 
eapnoC conveniently be tronjoinetl with b:>^'^!fex* 
eifcife, may in fit iireather be as vtell'i-Lrfcrnmi ?a 
tSie yard as in a confined air. It tiierefi^te '?u{^'^ fa 
b« : :wh^never the inckmeii<:y .of tbo.^vutirci' d^l 
net aWblutely forbid it. . 

* The expence of the nuuSc ic fcArcr r.tctli mentionii^*. On 
fuch fimpje inflruments a) a fit> anri dnim.A a >> PJght J \^k 
of inilra^ion will be iii^cit^nt to the fimplc pnjjpt U' of ail'r<*'i j 
4 ihetfure to the thtte^" 'thtt among foch -a itKH^Ititde iwe ^i 
ihree peribm iufcepcibls 6f Vhia 4«g«e ef llMb^Att)n IhcAfr'd *A»t 
U to b« fottsMi, If aet.aljDB«dy f'itk&A ^ it, ^mot tt> ;)«..i4*|^j 
pofed* . 



N4. §,n, 5C/;00JD. 



*■ ■ IN 1 1 ■ 



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^^^smmm 



184 § II. Schooling.' 



§ II. 

Schooling and Sunday Employment. 

EVERY Penitentiary Houfe, it is obferved in 
the Letters, befides being a Penitentiary- 
Houfe was liable to be an HofpitaL Every Peni- 
tentiary -Houfe, 1 might have added, every Panop- 
ticon Penitent lary-Houfe more particularly, might 
be, and ought to be a School: to children at any 
rate, Cnce fo it is, that even that tender age is not 
exempt either from the punifhment or from the 
guilt that leads to it : and why not for the illiterate 
at leaft among men ? Not many furely will there 
be, even among the adult members of this commu- 
nity, whofe education has been fo compleat as to 
have left them nothing to learn that could be of 
ufe either te their mafter, or to themfelves. To 
read, to write, and to caft accounts, fuch ordinary 
branches of inftrufbion, might be common to 
them all. Of fuch of them as poffefled the feeds 
of any peculiar talent, the valuable qualities^ 
might be found out and cultivated. Drawing is 
*- • :. ; . of 



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4 !!• Schoolings 185 

of itfelf .a lucrative branch of induftry, and might 
be made affiftant to feveral others. Mufic here as 
elfe where might be made an affiftant to the pro* 
duftive value of the Chapel. ' If to a juft compre- 
henfion of his own intereft the Contradlor fliould 
add a certain meafure of fpirit and intelligence, he 
will naturally be difpofed to put them in poffeffion, 
according to their feveral capacities, of every fuch 
profitable talent they can be made to acquire. — ^Who 
can doubt of it? — Their acquirements are his gains. 
Where is the Academy of which the Mafter has 
{o ftrong or fo immediate an intereft in tlie profi- 
ciency of his pupils ? 

Inftruftion being to be adminiftered, at what 
times of the week and of the day ? Two words, 
Sunday Schoolsy refolve every difficulty. In them, 
we fee a vacant fpot, nor that an inconfiderable- 
one, of which inftrudtion in its moft refpeftable 
branches, intelleftual as well as moral and reli- 
gious, may take poffeffion, without any oppofitioa 
on the part of economy. Time was wanting foe 
fuch employments: employments were wanting 
for this time. Both demands arfe fatisfied by a, 
principle fo happily cftabliflied and approved. 



Of 



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tin $ ii. icba^f. 

0( iffcat nature fhafl Ae employmtnt be at ' 
ftofc times ?-*-Lct refigkm pronouticc, the anfwer ^ 
cattfiot be fong tofcA. Two modes of oGcupation , 
^fent ;thcmfclves : etercires of devotion ; and 
kflbns of inftrudion in futh acquiremetits as are 
capable of being inlffted in the fervicc of devotion. 
That the whole extent of the. time cotiid not be 
exdufively appropriated to the former p»rpofe, is 
d)vious enough : Ae very fcntiment is more than 
willjbe. to be found, until it be-planfed by inftruc- 
tion, in fuch corrupt and vacant minds. Pater- 
ooftersin inccffiint rcpetition, with beads to num« 
ber them, ma^ fiU up, if you infift upon it, the 
whole meafure of the day : but the words, inftead 
rf being figtis of pious thoughts, would be but fo ^ 
Ibany empty founds, and the beads .without th«^ 
fvords would be of ^qual efficacy. . 

1 fpcak undct cofreftion : but for my own part * 
1 muft confcfs^^ that among arts capable of being 
employed in the fetvicc*of religion, 1 fee none 
ftat heed be eicloded, even in this confecratcd 
dhy, fo long as they ate anally and feithfuUy oc- 
turned in thatfervice^ Among the moft obvious ^ 
are thofe already ntentioncd in a more general 
ww: cfpccially that branch of mufic which has 

received.: 



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-L ^ h mMj m^^m^m^m 



§ It. SthoiSng*. t%f 

received the name of ffahadf. And if arts of » 
fiK)re refined and privileged texture, fuch as that 
of dejtgn m any of its numemus branches, conid 
find admittance into fo unpoliibed a ibciety, yAtf 
ihoukl they be excluded even on that day, fe lonj^ 
as they wear the habit of the day ♦. 



M$de $f j£nng and ExatifiMg $n Sundityt. 

To take their leflbns they repair, when feafon and 
weadier permit, to a kind of open sHfnfrfiidieatre in 
the airing-yard^ df which, if neoeffiwy, Aer« may 



* Brswlfif, eUgratlii;, and celoorlkg ft\m% df Sbripture 
Ictaet for editions of the Bible, tlic Hftuk of Coidmm fxwif9r% 
uA other reii^oiw ptthUottiona, Ibrsifli cenfttAt •mfk^ymeiit for 
a number of hands incomparably greater than could ever be picked 
6ut for fuch ingeoious arts out of a I'enitentiary-Hoafe* Reading 
and writing will, of <-ourfe,on thefb days take feligioas fubjedi for 
tfieiM I a»d tbeic ^gw branches of inllraftion WiU And fttftcieftt 
eccapation for by far the greater part of the prifonert. But where 
thefe Inferior fources have been exhaufted, what fcrople aecd 
Aeie be of afcending to the other higher ones? The great objedb 
of this ctynfecrated day is to keep Alive the ientiment of religioa 
in inen*8 rniiids : what exercife therefore that cotttribuUs to tW 
tnd ctB juftly be deemed vnfeafoiuble ? 

u 



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l88 §11. Schooling. 

l)e feveral, placed between the walks of the Airing- 
parade, for which once more fee the figure. The 
form of this ereftion is circular, with part of the 
circle cut off as by a fecant, in which the inftruftor 
ftations himfelf fo as to have none of his pupils be- 
hind him nor out of his view. Over the feats may 
be thrown occafionally a canvas awning fupported 
by iron pillars, with flaps to let down on the wea- 
ther, fide, in cafe of violent wind or rain. If thefe 
flaps be not let down, or not let down on the 
fide towards the Look-out, the prifoners in their 
fchool are open to the eyes not only of the School- 
mafter, but of the Infpeftors fiationed in that ex- 
terior Lodge. But at the worft, the vicinity of 
thefe armed protestors averts from the inflruftor 
every idea of danger *. 

It is not a very flight degree of cold, nor a flight 
meafure of bad weather, that fliould exclude them' 
on this only day out of feven, from the healthful 
influence of the open air. But in cafe of abfolute 



* Were the roof a permanent one, a tiled roof for example^ 
it might be difficult to find a fituatioo where it could be placed, 
without affording obftrudtlon in i me way oc other to the infpec- 
tion principle* 

neceflSty, 



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§ II. Schooling. 189 

neccffity, the bufmefs of reformatory infl:rtifti(!)n 
may be transferred to the Chapel : there to be car- 
ried on between or after the times of divine fer- 
vice. 

Introduced into the middlemoft Infpeftion-Gal* 
lery by the correfpondcnt Traverfmg-Staircafe, 
in the fame order as into the Airing- Parade, and 
with fimilar precautions, they take their ftations 
in the Chapel- Area and lower Gallery attached to 
it, two armed Infpeftors having firft ftationed 
themfelves in the Gallery above. Their ftation 
gained, the doors by which they have been dif- 
charged into it from the circumambient Infpec- 
tion-Gallery are locked *. The School matter may 
either occupy the Clerk's place under the pulpit, 



* Should it be deemed neceflary, Mr. 61ackburn*8 mode of fe* 
dcntary confinement might here be introduced : viz. that of let- 
ting down upon the level of their breafts or ftomachs as they fit, 
a BAR, which without touching or much incommoding them, 
prevents their rifing till it be removed. Mechanics and Aoa« 
tomy contribuc d each their ihare in the produ^ion of this fimple 
and ingenious contrivance, which hjwever ami ft fuch an abun- 
dance of fecurit'es will hardly be deemed a neceflary one* 



or 



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190 f II* Scboalmg. 

er ^nk, it and go laond to them, accordu^ to tte 
mIttrQ of the inftni^liQii to bo conveyed *. 



* For inftance^ reading and writing portions of Scripture or 
«tlief dcwdooal ImoJcs. Hjiepr^lant Mid worM^y-miiMM ftudy 
ol: txlthaMtic ml^ f«rl|apt W IwlKct iptn at itt*fui«9d td tblt 
«oiiiecnte< (Um« 



|i». Otf 



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^§ 12. 0/F^rMon^ fgtc^ f|% 



^^Of Ventilation, Shading and Cooling. 

OF Ventilatidn, confidiered as a part of the 
regimen, littje need be laid. In the cold 
jfeafon the procefs is carried on, and that in per- 
fe£tion, by the apparatus cmpbyed for warming : 

' and even in warm weather, where no artificial 
heat is introduced, the (aiae ftru^hire ca]& fearer 

> fiu} of infuring the fame efie&. Were it oAt^ 
wife, nothir^ more eafyAanta keep the windows 

* open, efpecialJy on Sundays, and on week 3ays at 

' airing times, when the prifoners are abfent froia 

-their refpe&ive cells. In other prifoos^-comfcrt 
and health are at varisHice t and the preferenee 
j^ven by uncultivated minds to prefent' feelings 
over remote confiderations^ renders the inforco- . 

' ment of this part of the Afcipline more or left pr^ 
carious. In a Panopticon, in diis aa in a^moft aO 

^ other articles, tranigreffion is-impoffible ^. 

* In countriei where the If^fenfity of the cold readers mea fawu 
^ tic\|]ar> aierie to vcvtitedBSf dcatbt^ as ii oM»ffd ky BowaM 



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tgt ^ 12. Cf Ventilation^ &fr. 

Yoxjhading in very hot weather, a ftrip of can- 
vafs to each window may be neceflary in the 
greater part of the circuit. 

Of the apparatus contrived for warming, a part 
might, if it were ever worth while, be made fub- 
fervient to the oppofite purpofe. A cellar might 
occaflonally be taken into the aeriduft fpoken of in 
the feftion on Warmings and in this cellar as in 
any other there might be ice *. 

from Ruffian documents, are much more frequent in the cold 
than in the hot feafon : a faft the more worthy of obfervation as 
the former, naturally the healthier fcafonj is not there attended 
with wet, nor fubje^t to viciffitudes as here. In a Panopticon 
thus equally warmed and conftantly ventilated, the feafon which 
would elfewhere be the leaft healthy, may be expeikedto be the- 
tao^ fo. 

V* In a^Lararetto built on the Panopticon principle asfuggefted 
in the fe£tion on JVarm'inf^y a provifion of this fort would be not 
unfuitable, on t;ie fcore of comfort. Whether on the fc.are of 
economy, as a means of enabling work to go on at times when 
heat Wou d not otherwlfe permit, any fuch thing could be made to 
anfwer, might not be altogether undefcrviMg of coniderationn 
The facility might depend ia fomic meafure oa local circunii- 
^nces. 



% n-'Dis- 



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fciJ ii ii .ii>4J»-4J ' ....^giJHbl»5a>U^- 



1 1^ Di/lributlon of Tme^ 193 



% 13- 
DISTRIBUTION OF TIME. 

Example Jqt Working Days. 

Hours, 

MEALS (two m a day) — — i j 
Sleep ~ ~ — 7* 

Airing and excrcifc in the wheel for thofc 
employed in fedentary work withindoors, 
at two different times, in the whole at leaft — i 
Sedentary work ■ — 14 



Example for Sundays and Church 


Holidays 


24 

• 


Meals ~ ~ 


— 


2 


Sleep ~ 
k^oming fervice — 
Evening fervice — 
Schooling— including catechifing and 
mody. — . 


Ipfal- 


10 
1 
I 

9 


Part II; 6 




24 
Out 



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Out of the time forfedentary workmaybe talcefl 
the fmall portion that will be neceffary for the 
clcanfing of the Cells on ordinary days, and the 
more thorough cleanfing to ^be given in the after- 
noon of Saturdays. As the clcanfmg could not fo 
well be performed by candle-light, nor^work done 
after the cleanfing, whatever time remained after 
this latter operation might be beftowed on fchooling. 
The time applied to the latter purpofe would o£ 
courfe vary according to the feafon : but in fuch 
variation thwe would be.no inconvenience. 

Is the 'time allowed for meak too little ? Half ^n 
hour for brcakfaft and an hour for dinner is an al- 
lowance common among working people in a flate 
dF freedom. My boarders, let it be remembered, 
have not two courfes and a defert. My workmen 
have not to go to a diftance for their repaft. Is the 
number of meals in a day too fmall ? It is twice af 
great as that inufe among the people of antiquity : 
it is twice as great as that which fatisfied Homefs 
Kings. 

Is the time allowed for fleep too little^ Lofl 
Coke does not allow his ftudent fo much by a third** 

*-S«ic horas fomno : totidem d^s Ugibus squist 
Quattuor orabis : det epulifque duat. 
<^od fupereft ultra, iacm iargire Camcniat 



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4 1 3* Diftrlhuilm of Tim. 195 

Did he mean to fubjed his pupil, Ae^trling of 
his afieiftion, a yoiith df4>irth and education, 
to hardihips, and to hsurdfliips toO'^\^ere to .t)e im- 
pofed on felons i Lord Coke knew what a man-en- 
gaged in fedentary occupations wanted: the .fpoke 
-from experience, The conditionof my felons.is ia 
ihis refpetft twice or thrice as eligible as -d^it of 
many an honeft fervant ^ an inn*. 



* I happened once to fa'l into converfation i^on tbis Cubjefl 
vrith a maid^fervant at one of xht. London inns frequeated by 
night-eoaches. She went to bed onee a week at meft, nor then 
ilept longeriban 4»ther people. The other nights all the fleep &e 
■had was two or three hours doling in axihair. No ill heath: 14O 
complaint of hardihip. Such is the power of habit; jind Co mo- 
<ierate in ccmparifon of the demands of luxury ate the calls of 
nature. 

Determined however on this point as on all others to be on the 
fafe fide, and being alTured by men of eminence in the profeifioa 
that If the general rule were adapted, (asit certainly ought tabe) 
to fuch conflitutions as required the largeft allowance^ chat alU>w> 
ance couW not well belefs than eight hours out of the twenty.four^ 
fuch accordingly is the proportion I propofe : taking only half in 
hour^s fleep from each of the days of labour to add to that day of 
nvhich the charafteriftic deftination is to be a day of reft. 

Bowing down to the law aphorifm, P<ri/« infra arte credendum 

-tfi, and preferring accordingly on a queftion of thif fort the opinion 

•f tl^c Father of Phjfic to that of the F«thw«f EngilA ComiMn 

O z Law 



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19^ § 1 3« Di/iribution of Time. 

Are 14 hours out of 44 too many for even a fe- 
dentary trade? — Not more than what I have 
feen gone through in hcakh and cheerfukiefs in a 
workhouf e hv honeft poon 

This fkctch, let it be obfervcd, is offered rather 
in the way rf example than in the fhape of a pe- 
remptory rule. All I mean to reprefent as fixed, 
nor that with unrelenting rigour, is the time for 
meals and fleep : as to every thing elfe the propor- 
tions may be infinitely diverfified according to 
particular convenience. 

Fifteen hours in the day employed in lucrative 
occupations : for in this regimen, be it never for- 
gotten, even the time found for health is not loft 
to induftry *. Fifteen hours out of the twenty-four 

Law, I^and juftified by the reverend fage himfelf by whom that 
ancIeatfliUKim is adopted ajid recognized, and who in the plan of 
iiictetics above quoted, fpoke perhaps rather as a poet than as a 
fhyfici an, and JBOie from imagination ^an from experience. 

* Nor need the portion, if any, which may be thought fie to be 
allowed to Accupations -of a literary nature, be all of it with- 
out an economical ufe. Such as could write well enough migh^ 
copy for hires at ieaft they m'rgbt copy the accounts and other 
{lapars relative to the fnanagement of the houie. Even mufic 
were there a demand for it, might find here aad there a copyiA 
anoog fo lar^e a oumber* 

without 



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§ l3-~ JDiJirihutiottofTime. 197 

without the fmallcft hardfhip, and ihat all the year 
round : not much lefs, as we have feen, than dou- 
ble the quantity thus employed in the eftablifti- 
hients contrived at fuch an imnienfe cxpence for 
the extraftion of forced labour. 

Let it not be forgotten. Meal-times are tFrney 
of reft; feeding is recreation. Even change of 
work, efpecially if from gymnaftic to fedentary^ 
is repofe r not to fpeak of recreation. 

The four and twemy-hours a* field for difcovery \ 
could any one have thought it I Five, fix, feveny 
precious hours out of fifteen, thrown away as offal !' 
Such is the account rendered by the authors of the 
Penitentiary- A61 of tiie talents committed to their 
charge ! 

^ Seven hours taken from induff ify, taken* evem 
from health) yet not added even to comfort, not to- 
mention an obje6l fo perfc6Uy un;thought of as, the 
improvement of the mind^ 

I fay even from health. — Ry die cuffom of fleep- 
ing, or what is ftill worfe,, of lying abed awake, to 
excefs, the animal frame is relaxed, the fpirits ftmk, 
and the conftitutlon debilitated and impaired : the 
habit of indolence is at the fame time formed and 
rivetted, and the texture of the mind vitiated along 
O 3 withi 



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1^8 §^r3» I>iJlributkfr9fTmc^ 

with that of Hat body. This^a meliorative, a refor- 
mative regimen ? I had almdl called it a corrupt 
tiveo^e. As foon would I turn Macbeth and 
murder ikep,^ as thu8r to murder health by fmo* 
thering it under a pillow. 

Whence all this wafte of health and time, one 
may almoft fay of gc»4 morals ? — Is it to lave 
money ? Is it that ingenuity has not yet found out 
an employment for candle-light that will pay the 
cxpenceof candfes? Thofe employments at leaft 
might be carried on by candle-light, and by very 
little candle-light, knitting for example, which are 
carried on without eyes. But if nothing in this, 
way could be found for them that would fetch 
money, they fhould have light to learn to read, or 
to write, or even to fing by, rather than confume 
time and health in ihaking or fhivering in bed^ 
comfortlefs and alone, to fave confuming candles* 



§14. OF 



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-^rj. 



§^ I4« Puni/hments. 199 



mm 



% 14. OF PUNISHMENTS 

ON this head I {hall not at prefent be miflute : 
vritft regard to particulars a few hints may 
fervc ; principtes have been laid down in anothei 
•vrorfc*. 

• Punifliments rmay be encreafed in number with** 
out end, without being encreafed in feverity: they 
may be djverfified with advantage by bcin^ adapt -^ 
ed to the nature of the cafe,. 

One mode of analogy is, the pointing die punifh- 
ment againft the faculty abufed : another is, order- 
ing matters fo that the punifliment fliall flow, as of 
itfelf, from the offending caufe.- — Outrageous cla- 
mour may be fubdued and punifhed by gs^ing: 
manual violence, by the ftrait waiflcoat : refufal 
to work, by a denial of food till the ta& is dctfie. 
The Spartan difcipline may on this head fornifli 
a hint for the management of a Penitentiary- 

^IntrodudUontothePrinciglesof.Mbrttls'and Le^flation 4to, 1789* 

O4 Houfe: 



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2«o $ ij^ fumfhrntnts* 

Houfe* : without pafliing the imitation fo far ^ 
to make want of dexterity a capital oflTcnce, or treaty 
ing Britiih criminals with the degree df- feverity, 
faid to be pra^lifed by Spartan parents on dieir in- 
nocent children. 

Here, if any where, is the place for the law of 
mutual refponfihiiity to fhew itfelf to advantage. 
Confined within the boundary of each Cell it can 
never tranfgrefs the limits of the ftridteft juftice. — 
Either infarm^ orjuffer as an accomplice. What ar- 
tifice can elude, what confpiracy withftand, fo juft^v 
yet inexorable a law ? The reproach which in every 
other abode of guilt attaches itfelf with fo much, 
virulence upon the charafter of the informer^ 
would find nothing here to faften upon ; the very 
mouth of complaint would be flopt by felf-prefer- 
VJition — I a betrayer P I unkind? — Tour*s is the 
unkindnefs^ who call upon me to [mart for your ^ offence 
and fuffer for your pleafurc. No wliere elfc could 
any fuch plea fupport itfelf: no where clfe is con- 
nivance fo perfeftly expofed to obfervation- This 
one ftone was wanting to complcat the fortrefs 
reared by the infpeftion principle: fo r any com- 

• A boy was not to have his brcakfaft till he haa lhot;itofFa 
tree. 

radcs 



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t^^ten 



§ 14. Putti/hfnents^ - 7fn^ 

radcs fo many infpedlors: the very perfons to be- 
gU3fded againft are added to ^e ilumber of the 
gaards. Obferve here too another advantage of 
limited aflbciation over abfolute folitude. In an 
ordinary prifon, fociety is ahdplo tranfgreffien: 
in the Cell of a Panopticon, it is an additional fecu- 
rity for good behaviour. 

Covered with the ruft of antiquity, the law of 
mutual refponfibility has flood for ages the object 
of admiration. Frefh from the hands of Alfred, or 
whoever elfe firft gave it exiftence, what was the. 
compofition of this celebrated law ? Nine grains of 
iniquity to one of juftice. Ten heads of families,; 
with walls, woods, and hills between them, each 
to anfwer for the tranfgreflions of every other ! 
How different the cafe under the dominion o^ 
the infpeilion principle ! Here fhines juflice in 
unclouded purity. Were the Saxon law to 
be reduced to the fame ftandard, what would be 
the founder's tafk ? — To give tranfparency to hilla^ 
woods and walls, and to condenfe the contents of a 
townfhip into a fpace of 14 foot fquare. 



§ 15. MODfi 



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Ut» %i^. Mt^9fGuar£ng*9HtieOutJide^ 



Mbde o^Gwardin^ ©n tfiie. Outfide^ 

FOR the more perfefk dcfeHce of die farKmnd- 
mg waHV I have ali^ady rcntured topropofe a 
miKtafy guarf^. Such a Ipccics o# proteiJ?k>n> 
though altogerfier foreign- to the infpefljion-prifici'- 
pfc, and" lefe neceffary tti- a Rinopticat^prifoiithaa 
any other, w6ofd not he wkhou-t its ufe. It would 
tM tb'llhe fecwity wiAoutr sfdding to the expence. 
A% for as the ewiftro^tbn of the yrAl is concerned 
it mi^t even fave expence: fince with this help 
iSk height and confequent riiickncfs of that boun*- 
dary need be no greater than what wa» necdTary to 
prevent converfation between the cenfenefe without 
and the prifoners, except in a voice too loud' not to 
he heard by the Infpe£tor in the j^o^k-^utf. 

Mr. Howard^ in competition wkh his own opi- 
nion, to whk* it. gives i»c pleafore to find my own 

• Poftfcript, Part I, § *o, ai. f Ibid. p. 159, and itzi 

ideas 



. ■ "fdrmimii' iin^Vir .^/j 



fi5. AUJt ff Guarding on tlh Outfidei ac3 

yeas f© conformable, the good Howard,* mAu ibt 
candour fo well fuited to his benevolence, producer 
the counter opinions of two friends of Iits» tbeono 
a worthy man, whom I wiU mention^ Dir. Jebb, 
becaufe he is no more: the other a gentlemao of 
the beft intentions and of the purcA zeal for liberty^ 
whom on the prefent occafion I choofe radier to 
mark by thefe titles than by his fiame. Accord- 
ing to the one, in no particular or pofiUe circnm** 
fiance the interference of the cftabliAcd ** dxtnf 
** fliould be admitted :" accordmg to At edier, 
*^ the obje^onsagainft the military are niiitefoci^» 
•* obvious, weighty, and irrefiftiWy conclufire.** 
It is with concern one fees fuch opinions wid» te** 
fpe£bble names to t&em, fo worded and in piiftt. 
A man writes naked opinions to a friend to whom 
he writes any thing : but to rfie public he givci 
reafons. As to the " objeSions,'* of which how- 
ever " obvious," none I muft confiefs are difcenii« 
ble to my eyes, of thefe objedian% if they we^ 
any thing, die lighteft would have had moit we^ht 
in it than all this found. What P^— ** In no parti- 
cular or poffible circumftanceP'— Would it ha;v0 

* OnLazaretto8^p*a24« 

been 



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SQ4 § tS* J^^ $f Guarding on the Outjide. 

I)een better that London fhould have burnt on, than 
that the military fhould be employed in putting 
outthcfires? 

Upon the fobjca of this clafs of men, my no- 
tions, though not altogether fohetoical, are like thofe 
of the good Howard, much more fimple. I would 
have as few of thefe regulars as poffible : but from 
thefe few, as from all other pubHc fervants I would 
draw as much fervice as I could. In what refpefl 
h the military inftrument of domeftic peace diftin- 
guiihed from the civil ? — In being more expert in 
Ac buiinefs, more eflScient, better difciplined, more 
trained to fuffer while it ifr poffible, as well as to> 
zSt when it is neceflary, and in the event of his- 
a£ting too brifkly or too foon^ more fure to be 
forthcoming and made refponfible. But if the mi* 
litary, or any other ftrong and efficient power, i& 
to be employed on any oecafion, andagainft any. 
body, againft whom ihould it be made ufe of with^ 
lefs fcruple, than againft felons and their allies? 

Is not prevention better than punifhment? the 
better you are feen to be prepared againft an attack, 
the lefs your, danger of fuftaining one. Which 
then fhews the beft countenance againft defpera- 
does and incendiaries? an accidental civil force, or 

a ftanding 



1 15. Made ofGmreTtng m the Outfide. ^05 

9 ftanding military one ? I mean always that fott 
of ftanding army which oonfifts of a civil officer 
commanding a corporal's guard. Sivispacem^ para 
helium J a maxim but too apt to be abufed in matters 
of foreign politics, is furely in no great danger of 
being milapplied va the politics of a prifon, a fort 
of monarchy which has never yet been noted for 
plans of Gonqueft, or aggreilive enterprife. 

It is a matter of fubordinate confideration, but 
furely not altogether undeferving of attention, that 
a fervice like this, of all peaceful fervices the moft 
refembling a fervice of defenfive war, is with a 
view to that fort of war^ one of thebeft fchools that 
peace can afford of military difcipline. Among citi- 
zens what fort of enemy fo formidable ? and what 
fort of citizen is it leaft to be regretted that afoldier 
fiiould be in the habit of looking upon as an enemy ? 

Add to this, that the more frequently a guard- 
^changes, the lefs in danger it is of being corrupted. 
Let the change then be made a frequent one, the 
more it is fo, the greater the number of thofc 
to whofe lot it falls to fhare the benefit of thi« 
branch of military pra£tice. 

Would not the parade of military rigour help to 
impreis the minds of men without doors with the 

idea 



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|to6 4 *S* JMUi$^f^uarJ&ng4n^U0uifide. 

idet of hai4gD«ei»nwiit? — Would it not help t^ 
wkknthe diftance betivera die lot of the perfons 
thus coerced and the condition not only of the 
guihldfs dtizen, but even of the lefs obnoxious 
among malefaiftors ? Would it not in this manner 
add lo the terrific influence of the punifhment with* 
out adding any thing to the fuflfeiings of thofe who 
undergo it? Surely it would : for, once more, who 
is there that will deny the effeft of fcenery upon 
Ae eyes of the gaping multitude* ? 

The military guawl thus given to the furround- 
ing w^l would not fuperfede the neceffity of an 
«nmilitary Porter for the gate. Whoever officiat- 
ed in that capacity ought for feveral reafons to be 
acquainted widi the perfons of all who belong to the 



• I leave it to the authors of the. Penitentiary ^^ to infert 
a common refectory into % plan of rigid folitude. But were I 
obliged to 'fet.the prifoners to eat in common, and like the Kings 
flf GnatiBritam In former days, in pobiic, it>fliouhl lie ((Hll in 
-^rfuit of the iome i4ea) fmder the.guard of an srnM d p^rty wi(th 
j^rtfented mufquets, loaded or unloaded, zeady to fire on the fuil 
motion towards difturbance. To fpeftators the entertainment 
might ihew like that of the tyrant Danrodes* But to thofe who 
.^rUokof itthe ^damgcrwM^d lie hat (hwr| knowingthatfecurity 
.'^epeitffd'Uf^ themielfts. 

•eftablifliment. 



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•cftablifliment, and who as fuch mzj be allowed to 
pafs and repafs without examination. He ought 
iikewife to be acquainted with the perfons of the 
prifoners : left ^oy of theoLAiduM mal^e their «(<^pc 
in difguife, for inftance by borrowing or ftealing 
the cloathsof any of the under officers, or fervants^ 
or perfons admitted occafionally to work in or about 
the Houfe, 

A Centinel therefore, that is a foldier continu- 
ally changing, would not fo well anfwer the pur- 
pofe* An artizan whofe enjployment confifted iii 
fome fedentary trade, a cobler or a weaver for exam- 
ple, might probably be found to accept of it, per- 
haps without any other recompence than the lodg- 
ing it would a&rd*, at any rate for left than 
ivhat would be neceflary to pay him for his-wholc^ 
time.f 

* Cate-keepors ar4 commonly (Jbtarntd on fimllar terms for 

-f A fbrtrefi thosr&cuned vtoM iiiave.»foUaftefal ufe* In thoef 
of riot, it would afford an aiyium> where obnoxious pcrfoos orva^ 
Juable cfFefts might be lodged in pcrfedl farety againft every thing 
but canndn t - an ^engtee ef 4eArtt4Hon .wi»«h .bas aever yet been 
iken in tbeiiattda^ofany SngHih mob : land 'itis paiy from igne* 
•fant mttbsy-evoviatiiiies of civUwar^ tb^t na^eSM'iikmintof dut 
nature <ould havei soy thing to afptchffuU <• ' 

§ 16. Pro- 



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*§ rl6. Provi/ibn for liberated Prif9netS0 

• Provifion for liberated Prifoners. 

HOW to m:^e provifion for the Prifoners at 
the expiration of their terms? — How to 
«€nfure for the future, with leaft hardftiip on their 
•part, with duetegard to their rcfpedlive characters 
:and conne(9tions, and at the leaft expence, their 
good behaviour and their fubfiftence ? — It is time 

to be ftiort ^here follows a flight fketch. 

I. The Prifoner not to be difcharged but upon 
one or other of diree conditions : 

1. Entering into the land-fervice. 

2. Entering into the fea-fervice for life. 

3. Finding fome refponfible houfe-holder who 
yrill be bound in the fum of [;^50.] for his good 
behavu ur by a recognizance renewable from year 
Id year : with a ftipulation for furrendering the 
body in cafe of non-renewal*. 

* A fet of provifions to this tSk6t being enafhd, an eftabliihrnent 
of fome fort or other would take for g anted, be f t np, for the 
recepiion as man, of the con \Qi% as either could not embrace, 
or chofe not to embraceysiny of the other optioat. 

Thif 



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§ 1 6. Provifionfor llbei'ated Prifoners. 209 

^. Tofurnifli an inducement capable of engag- 
iig not only> relations or other particular friends, 

Tllfs fubfidiarjr tftab!i(hment» I likewife tike for granted^' 
would be carried on in a building eredVed on purpcfe on tlic Pa- 
nopticon plant and no one feems fo likely to be the Undertaker 
as the Contracting Governor of a Penitentiary Houfe.— Upon 
the Panopticon plan, as giving him every facility for gettiag the 
mofl work done, and making the moft of that work.-— It would 
be worth fomebody's while, becaufe the convlds, having by the 
fuppofition no other courfe of life to betake thetnfelves to, or 
none they liked fo well, would ferve on io much the cheaper 
terms.*— It would be better worih the Governor's while than that 
of any body elfe, becaufe experience would have taught him how 
to apply the Panopticon principle in the way of management to 
the moft advantage, pointed out to him a profitable mode lof 
employment, and fliewn him the precife worth of each man*s 
labour.— -It would be better worth his while to fet them to work 
in a feparate Panopticon of his X)wn eredlion, and upon fuch terms 
as he and they could agree upon, than to have them continue on ' 
the footing of Remanents in the Penitentiary Panopticon, with ' 
head money to be paid him by Government, on the fame footing 
as at firft— Why ?— Becaufe every fuch Remanent would occupy 
the place of a prifoner inordinary. The more he had of the 
former, the fewer therofore (if the number of fuch Remanents were 
at all confiderable) he could have of the other: whereas upon the 
fappo/ition of a fubfidiary Panopticon, the more workmen he 
c6uld get to employ in it upon fuch advantageous terms, the 
gitater would be his advantage. Engaging his workmen too for ' 
the fubfidiary eftabliihment for a confidecable and certain term, he 

PabtII. P could 



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210 § 2 6. Provtjionfor E Berate J Prtf oners* 

butftrangerSy to take upon tbemfucbanobligSN 
tion, authority given to the priibner to enter inta' 

could depend upon them^and make his anpaogementt accordinsly^ 
whereas no JtemMittnt could be depended on for two days together?^ 
£nce at any time he mighty for aught the Governor knew, ^d 
fome friendly bondfrnan^ or at any rate emhracr one or othef of 
the other options. This uncertainty I keep up on purpofe r left itt 
caie of a deficiency in the number of the prifoners in ordinary^ the 
CoverBor, for the fake of the head-money, flibuld make it wortb 
the while of a prifoner whole term was expired to ftay in upon the 
footing of a Remanent^ and thus continue a burthen to Goterii* 
jnent, rather than embrace any one of the other optioas. 

Why not obL'gc the Governor by a claufe in his contra^, t» 
t2)iit Rtmanermi a reduced price?— ^Becaufe nothing would be 
laved by it* Antecedently to experience the Governor could not 
be fufficicntly afTured rn what degree^ if ia any, the labour of a 
convi£l would upon an average of all the convicts be ntore valu- 
able at the expiration than at the commencement of his term ? 
the more therefore he abated upon the Ritnanentt, the higher he 
snuft charge upon the prifoners in ordinary. It is on that account 
that my obje£l is as much as may be to get rid of Remangnts, £> 
that if poflible there (bail be none, except in the cafe of a man 
who has neither ability to pay an employer for his fubfiftence^nor 
friend, nor pari/h, a caie which is likely to be extremdy rare. ' 

I had rather the Penitentiary Governor ihouU get the eraanci'* 
pated prifoners in this way than any other undertaker whom the 
iriew of profit, and not any particular connexion with or friend* 
ihip for the prifoner might induce to bid for him ?— Why ?— • 
"Bccaufe the Governor is by this time a tried man in every re« 



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§ l6. Provi/ion for liberated PrlfGner 5. 211 

a contraft for a term of any lengthy conferring oa 
his bondfman the powers following : viz. 

J, Power of a father over his child, or of a maf- 
ter over his apprentice^ 

2. In cafe of efcape, powers of recaption, th6 
feme as by l^ G.II. ch.5. § 5. in cafe of vagrants: 

fpeA, as well as a refpeniible one* It is on this confideratioii I 
view with fatisfa^tion rather than regret the advant^ige he will 
have over any other mafter in treating with th^m, before the ex- 
piration of their terms. At the fame time I do not exclude other 
bidders— —> Why ?— ^caufe fuch a monopoly would be a hard* 
ihip on the prironers, and that a needJefs one. 

Coniidered as a fund of recruits, the Penitentiarj'-Houfe 
would be an economical onr. What will be ftiled in Boatfwain's 
or Recruiting Serjeant's language liberty^ and what, if it is to be 
Cilled ferv it ude, is at leail an honourable one, may fland inftead 
oi hcunty'tnonty* The more irkfome the civil fubjcftion has been 
felt among a clafs of men diftinguifhed at one time atleafl by their 
averfion to ordinary labour, the more likely they are to be caught 
by the bulling gaiety and frequent indolence of a mi'itary life. 
As a fchool for recruits, as a nurfery for a prof^slTion in which 
every thing depends upon obedience, what can equal an eilabiifh* 
ment in which for a courfeof years difobedience has been impof. 
fible ? 

Can the fource be obje^bd to as a ft^in upon the fervtce ?-* 
Kotfurely by any one who can think with patience of the methods 
in which fo large a portion of both departments has been habitu- 
ally filled up under the prefent pra6Ice.-— On the prefent footing 
in what ilate arc criminals received into a Service of which honou 

04ight 



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212 § 1 6. Provi/ton for, liberated Prifoners^ 

with penalties for harbouring or enticing, as by ^ 
Eliz. ch, 4. ^ 1 1 . in cafe of perfons bound for 
want of employment to ferve as fervants in huf^ 
bandry^* 

3. The contrafting GoverncM" of the Panopticon 
Penitentiary-Houfe to be bound to keep the pri- 
foner there, after the expiration of the term, though 
it fhould be for life, until difcharged in one or 
other of the three ways juft mentioned : and that 
ypon terms at any rate not exceeding thofe on 

•ught to be chenfBed *9 the ▼ital principle ?— When the marks of 
depravity and its attendant ignominy are frefii upon their heads-— » 
How under the propofed arrangement T — After the guilt has been 
expiated, the moral difeafe cured*) and the ignominy wafhed away 
by a courfe of purification ftill more pulHic than the offence. X 
would go farther— I would draw a marked line between thefe re- 
cruits and others, nor admit the fi^matiaed upon an equal footing 
with the irreproachable, till after a term of additional probation 
{One through in the army itfeif, and a ceremony rcinftating them 
itf folemn form in the poiTeflion of loft chara^er« 

• The Wronger thefe powers the eafier it will be for the convict 
to find a master to hts choice* Any one who from velationihip 
or any antecedent eonnedion^ might be induced to fiand bondfo 
man to ikim without making advantage of his fervice, will be 
equally at liberty to do him the friendly office ; and the better 
lerms he is enabled to give, the better he wiU be able to make. 

which 



"5 1 6. Provl/ionfor liberated Prifoners. 213 

'Which he would be to receive a frefti prifoner: — • 
land fo in cafe of furrender by a bondfman, 

4, The prifoner's parifli to be bound m fuch 
-cafe to give the crown an indemnification, not 
exceeding the utmoft amount of the charge borne 
iy Teafon of any pauper by that parifh.* 

5, The bondfman to be bound for «the malnten" 
€ince as well as the good behaviour of the liberated 
prifoner during the term of the engagement. f 

* No hard&ip on the parifh : the burthen is no more than 
nvould fall on then» of cotufe. It gives them a chance of relieving 
themfetves. which they have not at prefent. The cafe of k-Rema^ 
ttent too helpJef>\to do any thing at all for his fabfiftence will be 
■extremely rare* Whatever he is able to-do the Governor knowt 
by experience, and can take him off* the han/s of the pari(h 
upon terms mutually advantageous* A trade which having been 
carried on in a Panopticon Penitentiary Houfe, might be carried 
on with equal advantage in a fubiidiary eftabliihment conducted 
on the fame principle, might he incapable of being carried on an 
a parilh. work-houfe. 

/t* Otherwife he might give hlmfelf up to idlenefe, turn^beggar, 
or throw himfelf upon the parifli. The bondfman, when he had 
once procured the convi^ his liberty, might care little what be« 
came of him, fo long as he kept from fuch of^isnces as would 
operate a forfeiture of the recognizance, or committed ihem at a 
d.ftance where -his identity was not known* 

P 3 6, The 



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214 § 1 6. Provl/ion for liberated Prifcners. 

6. The Governor of the Penitentiary-Houfe to 
be bound, on failure of the particular bondfrnan, tp 
the extent of half the penalty fpecified in his re^. 
cognizance in cafe of forfeiture.* 

* IfnoproTifion were made for fcrutinizing into the bondf- 
inan*8 refponfibillty, members of g&ngs might become fecurity for 
one another^ as fwindlers lend one another their names to bills* 
Such particular bondfmen being fo many competitors of the Go* 
irernor*Sy generally fpeaking he would, it is true» have a natural 
interefti even without this artificial one, in oppofing improper 
bondfmen. But fuch natural intereft would be lefs and lefs, the 
kfs valuable a workman the conviA were, whether through moral 
or natural infirmity. Befides that fuch a fcrutiny, if it were 
not thus made the Govemor''s duty as well as his intereft, would 
be an iuyidioos ta/k. What is more, it is in this way made his 
fhtereft that whatever reformation is effedled in the behaviour of 
tiie conviQ by the penitentiary difcipline, fliould be not merely 
apparent and temporary, but real and lafting. 

To induce him to take upon himfelf all this refponfibility, fom6 
allowance muft be made him, but the degree of power given by 
the Panopticon plan, and the confidence he will naturally have 
in his owe care and /kill in the application of that power, will ren* 
der it unneceflary to be very liberal. Records or other documents 
will ihew the proportional number of inftances in which a convidl 
after having been difcharged from the Hulks has been profecuted 
for any fubfequent ofience. 

In cafe of a crime operating to the detriment of an individual, 
the forfeit, to the extent of the damage, might be appl'ed to the 
purpoie of indemnification t an obje^fadly and almoft univerfally 

acgUacd 



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^ l6. Provl/ionfor liberated Prifoners. 115 

7. The Governor bound alfo, on fuch failure, 
for the prifoner's maintenance : but without being 
obliged to grant him relief on any other terms than 
thofe of his returning to the Penitentiary-Houfe, 
or engaging in his fervicc for fuch time as fliall 
have been agreecd on. 

8. Such bondfman*s recognizance to betaken 
before Juftices in quarter or petty feffions, with 
|K>wer to the Governor to oppofe and crofs-exa- 
mine, as in the King's Bench in cafe of bail, 

9 The recognizance to be regiftered with the 
Clerk of the Peace, and annually renewed : upon 
failure of renewal, the refponfibilityof the Gover- 
nor to revive, and with it the power of recaption, 

I a Power to the Governor and the Prifoner to 
enter into a contrail of engagement for any num- 
ber of years, and that before the expiration of the 
term, fubjeft to atteftation before a Jufticeas 
cafe of enliftment, and examination touching his 
confent, as in the Common Pleas in cafe of a feme 
covert joining in the difpolal of an eftale. 

ncglefhd -by the criminal Itw. Profectttion for the forfeiture 
would thus too be rendered more certain* Recognizances to the 
crown are often of no cffcd for want of an individual whofe In- 
HreA it Is td profecute* 

P4 II.. In 



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H.IUi » Ui 



216 § 16. Frovtjion for liberated Prifoners^ 

1 1. In cafe of difpute between the Governot or 
any other mafler-bondfmao and any fuch fervant, 
Juftices to have cognizance, as at prefent in cafe 
of fervants in hufbandry.* 

12. Any fuch contrafk (p made with a prifoner 
not to give him a frefli fettlement. 

er to Government to remove to his pa- 
:h Remanent remaining on the Peniten- 
(hment after the expiration of his term.f 

iiity of periodical renewal keeps alive the depen* 
h It the fecurity* Honour and gratitude are ties 
;he law to truft to, where fo much furer may be 
' in the inftance of fuch a clafs of men. Thus cir* 
lan will avoid not only poniihable miibeha'viou^ 
runkennefs, begging) ^vagrancy, any thing which 
ch niifbehaviour or excite an apprehenfioo of it* 
3iO] ter the term, the lefr the bondfman*s rifque: 
e the difficulty of obtaining one : another inftance 
eneficial at iirft view to the bendfaian alone> but 
ore fo to the convi£l« 

nt remanentcy by .collufion betwixt the Governor 
died convidt. If the allowance made by Govern* 
nsnts is greater than what it would coil the pafifh^9 
1 in their workKoufe, they will remove him thither 
the conflderation of being fubjefled to fu.h removal 
izy coAvid from throwing himfelf unneceflkrily on 
re if he could be maintained in idlenefii he would 
pofed to live* If the Governor^ or whoever elfe 

fctt 



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I 1 6. Provi/ion for liberated Prtfonen^ %lf 

14. Power to the parifli to bind over to the 
<5overnor a Remanent removed or liable to removal : 
and that for a term not exceeding feven years in 
.the firft inftanrce, nor one year ever after. 



Is there any thing wanting in the provifion made 
-by this plan ? — Any thing to Y^hhc'fecurity^ to eco^ 
momy^ to humanity^ to jujlice ? 

Thtfecurtng'Xht public againft the'fvfttire ill be- 
"haviour of a difcharged convift^has hitherto been 
4ooked upon as a problem, infoluble except by 
«death, or fome other puni'ftiment which under the 
iiamc of a temporary, fhould be in efFeft a perpe- 
*tual one. The idea of ^aWblute incorrigibility i$ 

.lets up a fabfidiary Panopticon^ finds it worth in% while to Vsikt 
charge of the conviift for a left confidenitton or for notfaing, the 
pari/h will in prjportion be eafed of the expence* .By thitplan^ th« 
burthen to the public can fcarce in any inflance whatfoever fuffef 
-an increafei ar»d the probability isy that upon the whole it will be 
much diminiihtd. The only poifibility to the contrary tt the cafe 
of a Remanent <,onv»d who 4s at once pariihlefs/and helplefs* Bat 
this cafe cannot be a fr^qtienfi ones ^^ ^^ 'Governor being eafed 
by his helpleflhel^ of all fearsrfrom his unrulinefs, can hardly infift 
upon any advance in his terms on binding himfelf in his central 
to provide for all p erfoas fo circumftaaced at parish price. 
■ ^ . accordingly 



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ftl8 § 1 6, Provl/ion for liberated Prlfoneri. 

accordingly the idea which in many an eftimatc 
fbnds infeparably annexed to that of a thorough- 
bred London felon. Be it fo : upon this plan, be 
he ever fo incorrigible, the public will have nothing 
to fear from him, iince, till he has given fatisfaflory 
proof to the contrary, he will not be let loofe. 
When a fufpe£ted perfoa is put under the care of a 
Boatfwain or a recruiting Seijeant, the public peace, 
^is far as he is concerned, is univerfally looked^ 
upCMi as fuflfciently provided for : and the great di- 
minution thereby fuppofcd to be efFefted in the 
|)coportionable number of crimes, is reckoned upon 
as no inconfiderable compenfation to fet againft the ^ 
miferies of war. But to put even this fecurity ia 
competition with that which is afibrded byth^ 
Tanopticon difcipline, would be doing the latter 
^eat injuftice. The fecurity a^ded by the mi- 
litary difcipUnc or a ftill better, fuch then is the * 
^aflurance which the public obtains of the good be- 
iiaviour of every individual who has gone through 
his term in a Panoptiam Penitentiary -Houfe: fuch 
alone excepted for whom the affeftion of friends 
may have found particular b6ndfmen,and who, by 
tiie confidence thus repofed in them, have given 
4^roo& of a degree of truft*worthinefs, fufficlent 

tp 



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§ 1 6. Provifion f of- liberated Prlfoners* a 19 

to place them in this refpedion a level rather 
above than under that of the ordinary run of men.. 

Will reformation, inward reformation, be or not 
he the refult of fuch a courfe of difcjpline ? My own 
perfuafion, my full perfuafion, and I hope it is not 
, too fanguine an one, is that with very few or per-, 
haps no exceptions it will be found to be fo: and 
that at any rate in fuch a period as that of feven 
years, the very difpofition to mifchief will be found 
to have been fubdued. But fhould even the difpofi- 
tion remain, the ability will at any rate be chained 
down : and fo long as that is the cafe, how it i$ 
with the difpofition is a queftion which to every 
temporal purpofe at lead, it is as immaterial as it 
would be difficult, to refolve. 

As to economy y the terms on which a man is fufr- 
fifted, cannot in any inftance be more difadvanta* 
geous to the public than on the prefent footings 
and no bounds are fet to the reduction of the di& 
advantage. 

Is there any thing wanting in the attention paid 
to the particular circumftances and feelings of in<* 
dividuals ? — Merely for want of employment, per-» 
fons to whom no guilt is imputed may by the fta-? 
tute -of Elizabeth be forced into fervice in hufban- 

dry. 



db^ Google 



MO § 1 6. Trovijion for liberated Trlfoners, 

dry, or, by the cuftom of preffing enforced by oc- 
cafional laws, into one or other branch of the mili- 
tary fervice ; and in both cafes without any option 
as to the employment, much lefsastotheenjployer. 
Here, no fewer than four options arc given to con- 
vi£b : options too which extend to the very perfon 
of the employer. Men accuftpmed to a fl lie of 1 ifc 
fuperior to that df the common run of thofe who 
are obnoxious to this fate, would under a punifli- 
xnent nominally the fame fufFer more than their 
comrades in efiedl. Such perfons may, by the 
generofity of a difinterefted bondfman find them- 
fclves dear of every obligation of fervice. A father 
may thus refcue hisfon, an uncle a nephew, a bro- 
ther a brother, from tlie hardfliips of a degrading 
fervitude. Independently of fuch contingencies, 
prifoners who have either brought a general good 
charafter into the lioufe, (for even fuch will not 
be ahogethcr wanting) or acquired one there, and 
are either able to get a livelihood or provided with 
friends who woiifld fumilh them with one, will be 
fure of bondfman : and the faculty of invefting the 
bondfmen with fuch ample powers will render it fa 
much the eafierfor the prifoner to find one. The 
more valuable a member of the community he is 

become 



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§ l6. ProviJionforriberatedPrtfomrs. 2tt 

become in all refpefts, the better will his conditioa 
be : fince he will find employers bidding againft 
one another to obtain him. 

Suppofe him for want of particular friends or 
connexions engaged with the Governor, or fome 
other undertaker in a fubfidiary Panopticon— 
in what refpeds would his condition differ from 

that of ordinary fervice ? Only in the engage* 

ment's being for a longer term, and putting it out 
of the power of the fervant by abfence or intox- 
ication to deprive the matter of the benefit of 
his fervice. In thefe circumftances a variety of in-^ , 
dulgences would naturally take place — ^abatement* 
would be made in the number of working-hours :— 
a curtain would guard the times of recreation and 
repofe from the importunity of an infpefting, 
eye :— every feventh day would be a day of per- 
fe6t liberty: — the comforts of matrimony would in 
this fituation at any rate lie within reach. In 
fhort, inftead of being termed a ftate of confinement 
fweetened by indulgences, die jufteft as well as. 
fimpleft point of view in which it can be confidered 
is that of a ftate of free fervice, only fomewhat bet- 
ter guarded than ordinary againft mifbehaviour 
and abufe. 

Jhear 



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222 § 1 6. Provl/ion for liberated Prlfoners. 



I hear an objedlion — Tour fubjidtary Panoptic 
con is a receptacle for manufatlurers working in 
numbers under a common roof: and fuch receptacles 
are found by experience to be nurferies of vice. The 
tnanuf armies y the only manufa^ories favourable to^ 
'Cirtue are the difperfed^ the rural manufa^oriesy 
thofe which fpread themfclves ever the face of a coun^ 
tryy and are carried on in private families by each 
man within the circle of his Utile family in the bofom 
ef innocence and retirement. Beit fo: it maybe 
fb for ought I know. But how great the difFer- 
€tice, or rather how ftriking the contraft, betwixt: 
an ordinary manufaftory and one carried on upon 
the Panopticon principle ! Is there any thing in 
ihe air of the country or in the ftrucSure of a cot- 
tage that renders it inacceffible to vice ? Is the con- 
n'edHon betwixt virtue and fecrefy fo exclufive ? — 
No : the advantage which the domeftic manufac- 
tory has in this refpe£t over the moft public manu - 
* factory, is not to compare to that which the Pa-^ 
nopticon difcipline has over that of the purefl of all 
nlanufadtories upon'every other plan, ptibiic or 
private. In what other houfc, public or private, 
can equal fecurity be found for the fidelity of the 

marriedi 



' Digitized by 



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§ i6. Provifion for liberated Prifoners. 223 

Tharried, for the chaftity of the fingle, and for 
the extind^ion of drunkennefs, that murderous in* 
fatuation, in comparifon of which every thing elfc 
that goes by the name of vice is virtue ?* 

How is it that in public manufafkories vice infmu- 
ates itfelf ? How ? How but for want of the infpeft* 
ing eye of fonie one who has the power, and may 
be made, if he has not already, to have the inclina- 
tion, to fupprefs it. With refpe£k to drunkennefs 
above all things, is itpoflible that fuch inclinatioa 
ihouldbe wanting to any ma{lcr,of all others to^ 
the maftfer of an indented fervant ? The drun- 
kennefs of the fervant is the mailer's lofs: what 
the one fufFers in his health and morals> the other 
fufFers in his purfe. 

This plan is not altogether fo fimple as I 
flfiould have been glad to have found it ; but 11m- 



• To poflefs a juft asd adeijuate conception of the powers 
of the infpeflionopnncipie, requires a deeper infight into it» 
natu e and effects, than can be fxpe£ted perhaps from any one 
at. fiift glance. So long a^ this perfedil con epcion has not yet 
been formed, objedilou upon ol jc^tion may be exped^ to arife* 
Many fuch 1 have accordingly heard : but none agalnft which a 
maCurcr view of the fuojedi would not have ihut the doon 



plicity. 



jy^oogte" 



■^^^^^ 



224 § *6, Provlflon for liberated Prifoners^' 

plicity, though it ought nev€r to be out of our 
eyes, is not always in our choice. There are 
other plans, which atleaft as far as concerns the op- 
tion, I (hould fay the no-option, given to the con- 
y'lSty are much more fimple : but 1 leave to who- 
ever is ambitious of it the praife of purchafing, 
fimplicity at the expence of economy, good morals 
humanity, and juftice. 

A plan is good or bad, either firaply wit!i rela- 
tion to the end in view, or comparatively,, with re- 
lation toothers dire£bed to the fame end.. 

The end in view here is to enfure the good be- 
haviour and fubfiftence of convwSls after the expi- 
ration of their punilhment, regard being had to 
economy, humanity, and juftice. If perfeftion be 
ftill at a diftance here, fhall we find any thing 
nearer to it in the Colonization fcheme, or the 
Penitentiary Aa? 

Out of 687 convids, fent to a country from 
whence return without affiftance from goverrunent 
is known to be impoffible, 20 had been fentenced 
for 14 years, 630 for 7 years, 12 but for 5 years, 
(tendernefe foi the tender fex diftated the limita- 
tion here) 35 only, little more than a twentieth 

of 



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§ t6. Provl/imfor liberaUd Prlfoxersy 425 

t)f the number, for life.* Was it the intentioQ 
that, at the expiraticMi cf thefe terms, veflelsfhouid 
be feat out to give effe6t to the limitatioa in the 
fentence ? If fo, what becomes of the fecurity ? and 
what are we to think of the expenceJf Was it 
that they ihcHild be left fixed for hfe on the fpot to 

• From the lift at the end of Goverrwr Philip's Voj-ag*. 

•}• A hint has been giveo of the utility of a Panopticon Pf* 
liitcntiary Houfs as a nurfcry for military fervicc. How ufeful 
it might be more in the fame capacity to the Colpnizaticfn 
fchemc I ■ In this cafe the trades the prjfontrs were employ- 
ed in, and the infVruftlons of all forts they were made to re- 
ceive, noight be -adapted to that objc£l, and made fubft^^vi- 
ent to their final deflination. Every embarkation fuppofes ap 
abode of at leaft fix months upon an average, in fome intermc^ 
^iate receptacle^ for embarkations neither have uken place, nor 
probably will take place, oftener than once a year upon an average^ 
What a contraft in this point of view between a Penitentiary Pan 
nopticon and the Hulks ! and for the femaJc fex, between the, 
JnUudry and purity of facb aa eftahliifliment and the idUnefs and 
profligacy of ^ comnooB priibn ! Bibles and other books are Cent 
out with pious caic for the edification of thefe cmigr^^nts, when 
arrived at their Ui>d of pron>ifc s* but what are Bibles to unlet-* 
tered eyes? I a > preparatory Panoptioon they might be initiate4 
not only in the art of re^djng, but ip tiie habit pf applying fuch 
their letrning to a piqus uf«. 

• See Papers laid before the Houfe of Commons in X791, rela- 
tive to the fettlemtnts in New South Wales. 

Part II. Q^ whlc^ 



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126 § 1 6, Provifion for liberated Prifoners. 

which they were configncd with fuch nicety of dif- 
crimination y for fourteen, feven and five years ? If 
fo, what is the fentence, or the pretended execu- 
tion of it, but. a mockery of juftice ?* 

Suppofe them brought back — What is the pro- 
vifion for them then ? — ^None : no more than if 
they had never been fent there. Suppofe them to 
ftay — What is to be the lot of fuch of them as be- 
come chargeable ? 1 mean fuppofing the time 

come when there can be any that are not chargea- 
ble. Either they are left to ftarve, or Great Bri- 

* The Houfe of Commont, when the information laid before 
them hat been perfcded and digeftedi will it is to he hoped in- 
form us* 

Already there are many, as appears by the a(bove li(^, whofe 
term hat been up above a twelvemonth, and it does not appear 
that any fteps have been tak«n towards rendering tbetr return 
poflible* 

At their times are expiring all the y«ar round, fuppofing ihipi 
to be fent out for this purpofe but -once a }ear^ which is as often 
as they fail at prefent for tliat country, the adaition thus made 
to the term fpecified in the fentence, would even on this-fuppofi- 
tion, be fix months upon an average* But, compared to falfe^ 
imprifenment (to ufe t)« law phrafe) or rather falje-banifiment 
for life, which feems to be their prefent doom, an opprcfliun of 
the fame kind for no moie than fix months is fcarce worth men- 
tiosing* > 

tain 



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§ i6. Ptovl/ton for liberated Pirtfohers. ^IJ 

tain is their parifh, though they cannot be remov- 
ed to it. Will their maintenance there coft lefs 
at the diftance of feven months fail dian at home ? 
—in a country which has nothing, than in a coun* 
try which has every thing ?* 

So much for the Colonization fcheme — What 
fays the Penitentiary- Ad ? 

Decent cloathing — money in a man's pocket — for 
a year not more than 3I. nor lefs than 20s. — for a 
fhorter term in proportion : — ^and if any body will 
talk of finding employment for him, and he has 
behaved well, more money to the fame amount at 
the year's end.f 

* Veflelt ttfed not to be fent for the rcoimportatiofrof convids 
after tranfportatioo to Americ a i T rue : neither was there occa- 
fion: returning thence was bottoo eaTy^ aa4- that was the great 
grievance* 

If, inftead of being fent to New South Wales to be kept for life 
at the rate of 6oli a year a head, they had been fet down upon a 
barren rock to ftanre, would it have been faidthat there was notbiiig 
unjuft in this, becaufe there was no law forbidding them to buy 
food, or forbidding others to fupply them with it ? Would an illi* 
gal prohibition oppofed to the right of return be a greater injufUce 
than a phyfical impoflibility ? 

•|> According to the beft cakulation I can make, the prefent 

expence per head noay be reckoned at about 60I. a year s an ex* 

pence the tobl ceffaiioA of which may lie dexnonftratcd to be im« 

O^ poffiWc} 



"Jpor>aIp 



ftftS § 1 6. Pr<mfioHf»r Uha-aiei Prlfonert^ 

From tv^ntylofixtyihilKngs at a year's end?— 4 
Ivhat is Aat to do? Hoi«r is it to find a man em^ 
t)Ioyment ? — No cmplojitlfertt without an employ en 
How is it to gitfe him one ? What induoBiiient 
does it hold out to any body to tikt ti^n him that 
friendly office ? — None. No powers : no fadlitious^ 
fecurity of any fort to fvtpply tiie natural want of 

^pomMe; and in which any coniiderabte degree of reSuiftian Is ar^ 
•«veftt which after three years triad feems at a diftalice as tndefinitie 
ss every The provifion made -for a gentlcmaA in a fituation of 
great truft is> in many infbnces (that of a Clerk of the Bank for 
example) not equal to it* 

The prefent is not a place for a full ezamihation of the Nelfr 
South Wales Colonization Scheme. I will only mention the re« 
folt^ which is, that fbppofing \he sKloption of the Panopticon 
^lan^ -thecheapeft as well a« thebcft coui£e in every point of view 
.^( <oo!d .be taken^^ w«mld. be.tojfend afle^tand re-import thft 
whole Colony at once : that the next beft cuurfe would be to con- 
'£)ae the ^ture expOrtatitfnt to thole who- were Sentenced for life, 
und {unoAg thofe, if co!oniaation, -that i» propagation, be, the 
,«bje&, tu JimU the maies to a number proportioned to that of 
the fema!es capable of child-bearing, -that »s exceeding it in the 
tatio of ao more t!han about one-twelfth or one-thirteenth. 

It-is but juftice all this while |o whoever was the author of this 
plan to obfcrve, that he had not the option of a Panopticon before 
him, and thait with regard to the important, branch of fecurity 
here in'queftion, his. is. as. efficacious as we iball 'find that of the 
PolMtentiaigr A£i^o-beo&cvwi£(D«. :. 
• : * . confidence. 



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§ i6. Fr$vlfion for liberated Prifoner 5^ ^2$ 

<r(5hfidence. Were empfoyment offered^ what ob* 
ligation, what inducement to accept ofit?— Thfe^ 
may choofe to become beggars, not to fay thieves 
— and what is there to hinder them ? If Ibe fear 
of ftarving on the fpot will not force a man to 
work, will a few fliillings to be received at a year'fe 
end bribe him to it ? — For wht^cfoke Ihauld an;^ 
body furnifh the employment ? — For his own ?— * 
The A61 gives him no motive.— For the conviil's ? 
— No, nor in that way neither. If he will not 
to fave him fir<Mn ftarving^ will he for the fake of 
getting him a few fhillings, whidi he is not to have 
till it has been proved that he can do without it f 
Of what kind is the employment to .be ?— One that 

requires no conjidence P The allowance is inot 

wanted. — Why throw away fo much money? If 
a man has gained an honeft livelihood for a yclar 
together, what fhould binder his continuing tod6 
fo ? — Is confidence neceflary ?— The allowance is of 
no ufe. Will the one two or three pornid, the 
convi^ is to have a year hence, render him truft- 
worthy to day, in the eyes of ^my one to whom he 
would not appear fo othertrife ? 

One man is fortunate enough to have connec- 
tions : another man has non©. The ^ne get« ^ 

friend 



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t^o § i6. Provijton for liberated Prlfoners, 

friend to fay ht will tekc him (for as to engagCT 
ment it is out of the qucflion) the other, not. Both 
live out their year with equal honefty. Why is 
the former to have all that money, and the latter 
none of it? Why give him who hasmoft merit 
nothing, while you pay the other for his good for- 
tune? Let him who has the happinefs ;to have 
friends enjoy the benefit of their friendfliip: — ^but 
is he to be rewarded for it tooy and that at the pub- 
lic charge ? 

Decent cloaiUng — fo far, fo good — 2k man is not 
to be turned out naked. But all that money in 
his pocket — ^as Toon as he is out of the houfe, what 
is that for?r— Is it to furnifli him with afew other 
neceffaries befidcs cloathing, fuch as bedding, 
hpufehold furniture and tools ? — One would think 
fo. But if fo, how comes the allowance to be pared 
down and reduced in the inverfe ratio of die time he 
has paffedin prifon I Will a fliorter bed or a foialv- 
ler table ferve a man who has been there but half a 
year, than him who has been there a whok one? 
•—One would think the foundation of the Ad in 
this part were the fuppofitionof its owninjufticci 
and that the money, inftead of ^3«i/>»i^«/ nK)ney 
were meant zifmart money. — Pfior fellow ! — To^ 

have 



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<§ i6, Provijion for liberated Prifoners. 231 

have fuffered fo much more than fuch an one i-^-^-here 
is fo much more for you^ to make you amends. 

Set a beggar a horfebacky and the proverb telh 
you where he will ride. Is the beggar hkely to 
prove the more prudent horfeman for having been 
bred in the fchool of felony ? The Penitentiary- 
Ail fets a whole regiment of fuch beggars on 
horfeback, and it gives them no matter to hold the 
reins. Men who have given fuch teftimonies of 
themfelvcs furely are not much injured in being 

compared to fchool-boys. Can prudence, can 

economy be expefted generally to prevail during 
4the extacy that will fo naturally mark the period 
of emancipation ? — Is not the idled fchool boy he 
virho has the heavieft pocket ? — What parent, in* 
{lead of giving the quarter's board to the mafter, 
would give it to the child ? — light cornet ^igbt go^ 
Xiys anodier proverb not more familiar than true : 
the fame fum colle6led by a man's own ecooomyi 
might hope for a better fate. 

Thefe little pecuniary allowtnces do not ftrlkc 
at the root of the difficulty : they do not apply to 
the iright perfon. In the «convi£i; .\you fee a man 
in whofebreaft the paffion of the day is acC9{k)med 
to outweigh the intereft of the morrow : ii> the 

contradling 



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t^t $ l6. Pfwi^fci^MheraiedTrlfiners. 

tentrai^ng Governor, you have aman who know* 
what his Jafting intereft is, and is in the habit of 
ffurfuing it. 

* The means he may have of excrcifmg a defirai 
Ue influence on the behaviour of the convift are 
fts powerful as heart can wiih ; make it bis intereft 
to exert that influence, and the objedl is attained, 
This man whom yon know is the man to deal 
with, and not the conviift, of whom you know 
nothing but what is to his difadvantage. With 
the latter it is all nudum paflum : all giving, no re* 
Ceiving; you can ftipu late nothing, you can de- 
j)ehd upon nothing in return. Strike your bargaiit 
with the contrafting Governor, you have forae 
ground to ftand upon : you can get an indemnity 
incaf(>ofdifappbintment: if your difcharged pri- 
fcijer turns out honeft, the objefl is attained : if 
©therwife, you get your money back again within*- 
t^iicft. 

Nothing can be more laudable than thehumani^ 
fy which diftates the provifion we have been ex- 
iaiimining ! the misfortune is, that fo refpe6bhle a 
motive (hould not have pitched upon happieJr 
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