The History and Romance of Crime. Prisons Over Seas
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No doubt different methods are employed in the great Empire of India; but they also are the outcome of experience, and follow lines most suited to the climate and character of the people for whom they are intended. Cellular imprisonment would be impossible in India. Association is inevitable in the Indian prison system. Again, it is the failure to find suitable European subordinate officers that has brought about the employment of the best-behaved prisoners in the discipline of their comrades: a system, as I have been at some pains to point out, quite abhorrent to modern ideas of prison management. As for the retention of transportation by the Indian government, when so clearly condemned at home, it is defensible on the grounds that the penalty of crossing the sea, the "Black Water," possesses peculiar terrors to the Oriental mind; and the Andaman Islands are, moreover, within such easy distance as to ensure their effective supervision and control.
Nearer home, we may see Austria adopting an English method,—the "movable" or temporary prison, by the use of which such works as changing the courses of rivers have been rendered possible and the prison edifices of Lepoglava, Aszod and Kolosvar erected, in imitation of Chattenden, Borstal and Wormwood Scrubs.
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The History and Romance of Crime. Prisons Over Seas - Arthur Griffiths
TO-DAY
The History and
Romance of
Crime
FROM THE EARLIEST TIMES
TO THE PRESENT DAY
THE GROLIER SOCIETY
LONDON
Armour of Ned Kelly and Manacles Worn by Prisoners in Tasmania
The Kelly gang of bushrangers, of which Ned Kelly was chief, wore veritable armour, bullet-proof, made of old plough shares, iron pots and scrap iron. They terrorised the northeastern part of New South Wales from 1870 to 1878, and it became known as the Kelly country.
Troublesome bushrangers also devastated Tasmania, and when captured, were hanged or sent to the penal settlement at Norfolk Island.
Prisons Over Seas
DEPORTATION AND COLONIZATION
BRITISH AND AMERICAN PRISONS
OF TO-DAY
by
MAJOR ARTHUR GRIFFITHS
Late Inspector of Prisons in Great Britain
Author of
The Mysteries of Police and Crime
Fifty Years of Public Service,
etc.
THE GROLIER SOCIETY
INTRODUCTION
It will hardly be denied after an impartial consideration of all the facts I shall herein set forth, that the British prison system can challenge comparison with any in the world. It may be no more perfect than other human institutions, but its administrators have laboured long and steadfastly to approximate perfection. Many countries have already paid it the compliment of imitation. In most of the British colonies, the prison system so nearly resembles the system of the mother country, that I have not given their institutions any separate and distinct description.
No doubt different methods are employed in the great Empire of India; but they also are the outcome of experience, and follow lines most suited to the climate and character of the people for whom they are intended. Cellular imprisonment would be impossible in India. Association is inevitable in the Indian prison system. Again, it is the failure to find suitable European subordinate officers that has brought about the employment of the best-behaved prisoners in the discipline of their comrades: a system, as I have been at some pains to point out, quite abhorrent to modern ideas of prison management. As for the retention of transportation by the Indian government, when so clearly condemned at home, it is defensible on the grounds that the penalty of crossing the sea, the Black Water,
possesses peculiar terrors to the Oriental mind; and the Andaman Islands are, moreover, within such easy distance as to ensure their effective supervision and control.
Nearer home, we may see Austria adopting an English method,—the movable
or temporary prison, by the use of which such works as changing the courses of rivers have been rendered possible and the prison edifices of Lepoglava, Aszod and Kolosvar erected, in imitation of Chattenden, Borstal and Wormwood Scrubs. France has also constructed in the outskirts of Paris a new prison for the department of the Seine, and she may yet find that the British progressive system is more effective for controlling habitual crime than transportation to New Caledonia. In a country where every individual is ticketed and labelled from birth, where police methods are quite despotic, and the law claims the right, in the interests of the larger number, to override the liberty of the subject, the professional criminal might be held at a tremendous disadvantage. It is true that the same result might be expected from the Belgian plan of prolonged cellular confinement; but, as I shall point out, this system is more costly, and can only be enforced with greater or less, but always possible, risks to health and reason.
But prisons are only one part, and perhaps not the most important part of a penal system. It is obviously right that they should be humanely and judiciously administered, but they exist only to give effect to the fiats of the law, which, for the protection of society, is entrusted with power to punish and prevent crime. How far these two great aims are effected, what should be the quality and quantity of the punishment inflicted, what the amount, if any, of the prevention secured, are moot points which are engaging more and more attention. Although great inequalities in sentences exist in Great Britain, as in every country, dependent as each must be upon the ever varying dispositions of the courts and those who preside over them, the general tendency is towards leniency. Imprisonment is imposed less and less frequently and the terms are growing shorter. The strongest advocates of this growing leniency claim for it that it has helped to diminish crime, and it is certainly contemporaneous with the marked reduction in offences in the last few years. In other words, crime has been least when punishment was least severe. Whether this diminution is not more directly traceable to other causes, and notably to the better care of juveniles and better measures to rescue and reform adult criminals, it is impossible as yet to determine. But it is beyond question that imprisonment, almost the only form of punishment now known to the law, is just as effective as the older and severer measures, if not more so. An ever increasing number of judges adhere to the axiom laid down by Mr. C. H. Hopwood, Q. C., one of the most distinguished of their number, never to send a man to gaol if you can keep him out of it.
The wisest of modern laws dealing with the prevention and punishment of crime is based upon it as a principle. Such acts as the British First Offender's Act
and Summary Jurisdiction Act
have done more to keep down the English prison population than all other measures combined.
The whole subject is one of the greatest importance and interest, and I have endeavoured to treat it adequately in the following pages.
PRISONS OVER SEAS
CHAPTER I
THE FIRST FLEET
First idea of riddance of bad characters—James I removes certain dissolute persons—Sale of criminals as indentured servants to American Colonies and West Indies—Prices and profits—American Revolution closes this outlet—Discoveries by Captain Cook leads to the adoption of Botany Bay as the future receptacle—First fleet sails March, 1787—Settlement made at Port Jackson, christened Sydney—Landing of convicts—Early labours—Famine and drought—Efforts to make community self-supporting—Assisted emigration a failure—General demoralisation of society—Arrival of convict ships and growth of numbers—Unsatisfactory condition of Colony.
News of the discoveries, by Captain Cook, of vast lands in the South Seas reached England just as the scheme of Penitentiary Houses had been projected by John Howard, the great philanthropist, to remedy and reform the abuses of gaol administration. Why embark on a vast expenditure to build new prisons when the entire criminal population might be removed to a distance to work out their regeneration under another and a brighter sky? The idea was singularly attractive and won instantly in the public mind. The whole country would be rid of its worst elements, the dregs and failures of society, who would be given a new opportunity in a new land to lead a new life and by honest labours become the prosperous members of a new community established by virtue. The banishment of wrong-doers had long appealed to rulers as a simple and effective means of punishment, combined with riddance.
The first actual record of transportation is in the reign of James I, when prisoners were conveyed to the youthful Colony of Virginia, where Cromwell had sent his political captives beyond the Atlantic to work for the settlers as indentured servants or assigned slaves. Early in the eighteenth century the penalty was regularly introduced into the British criminal code. An act in that year commented upon the inefficiency of the punishments in use and pointed out that in many of his Majesty's colonies and plantations in America there was a great want of servants, who, by their labour and industry, would be the means of improving and making the said colonies more useful to the nation. Persons sentenced nominally to death were henceforth to be handed over to the contractors who engaged to transport them across the seas. These contractors became vested with a right in the labour of convicts for terms of seven and fourteen years, and this property was sold at public auction when the exiles arrived at the plantations. The competition was keen and the bids ran high at a date prior to the prevalence of negro slavery. To meet the demand the pernicious practice of kidnapping came into vogue and flourished for half a century, when it was put down by law. The price paid according to the mercantile returns ranged at about £20 per head, although it appears from a contemporary record that for two guineas a felon might purchase his freedom from the captain of the ship. The condition of these transports
was wretched, and contractors often complained that their cargoes of human beings were so damaged on the voyages, and the subsequent mortality was so great, that serious misgivings arose as to whether it was worth while to enter upon the traffic.
Suddenly the successful revolt of the American Colonies closed them as a receptacle for the criminal sewages of Great Britain. Another outlet must be found, and for a time convicts sentenced or liable to transportation were kept at hard labour in the hulks in harbours and arsenals at home. Then Captain Cook found Botany Bay in the antipodes, and for a long time after their inauguration public opinion ran high in favour of penal establishments beyond the seas. There was general confidence,
says Merivale, in the favourite theory that the best mode of punishing offenders was that which removed them from the scene of offence and temptation, cut them off by a great gulf of space from all their former connections, and gave them the opportunity of redeeming past crimes by becoming useful members of society.
Through whatever mire and discomfort it may have waded, beyond doubt Australia has risen to a rank and importance which entitles it to remember unabashed the origin from which the colony sprang. It has long since outgrown the taint of its original impurity. Another writer asserts that on the whole, as a real system of punishment it (transportation) has failed; as a real system of reform it has failed, as perhaps would every other plan, but as a means of making men outwardly honest, of converting vagabonds most useless in one country, into active citizens in another, and thus giving birth to a new and splendid country, a grand centre of civilisation, it has succeeded to a degree perhaps unparalleled in history.
All this is of course indubitable. But in the process of manufacture, Great Britain in fifty years expended eight millions of hard cash, and remained as full of criminals as ever.
The early history of New South Wales as told in the pages of Collins reads like a romance. Captain Arthur Phillip, R. N., the first governor, started from Portsmouth in the month of March, 1787, with nine transports and two men-of-war—the first fleet
of Australian annals. Unlike the Mayflower, bearing its Pilgrim Fathers, men of austere piety and worth, to the shores of New England, this first fleet carried convicts, criminals only, and their guards. Some vessels were laden deeply with stores, others with agricultural implements. Before the fleet was out of the English channel a plot was discovered among some of these desperate characters to seize the ship they were on board, and escape from the fleet. Nearing the Cape of Good Hope a second similar conspiracy came to light, and all through the voyage offences, such as thefts, assaults, abscondings, attempts to pass counterfeit coin, were numerous, and needed exemplary punishment. After a dreary eight months at sea, broken only by short stays at Teneriffe, Rio, and the Cape of Good Hope, the fleet reached Botany Bay in January, 1788. Never had name been more evidently misapplied. The teeming luxuriant vegetation was all a myth, and on closer inspection the Botanists' Bay
proved to be mere barren swamps and sterile sands. The anchorage though extensive was exposed, and in easterly gales torn by a tremendous surf. Before debarking, therefore, Captain Phillip determined to seek along the coast some site more suitable for the new settlement. Starting with a select party in a small boat for Broken Bay, he passed en route an opening marked upon the chart as Port Jackson, named thus from the look-out man in Cook's ship, who had made it out from the masthead. This is known now as one of the finest and most secure harbours in the world. Here in a cove, where there was deep water for ships of the heaviest burden close in shore, the foundations of the new town were to be laid. It was christened Sydney, after the Secretary of State for the Colonies; and thither a party of convict artificers, guarded by marines, was at once removed to clear land for the intended settlement. When this was accomplished, the remainder of the colonists, 1,030 souls in all, were put on shore.
There was plenty of work to be done, and but few hands to do it. Enlarged clearings were needed; barracks, storehouses, hospitals, dwellings for the superior and other officers, huts for the convicts. Although at the time when the first fleet
sailed, many thousands of convicts awaiting deportation crowded the various gaols of England, no attempt had been made to select for the new colony those who, from their previous condition and training, would have been most useful to the young community. Of the six hundred male convicts actually embarked, hardly any were skilled as artisans and mechanics. Nay more, though it was meant that the colony should be if possible self-supporting, and that every effort should be made to raise crops and other produce without delay, few, if any, of either the convicts or their keepers had had the least experience in agricultural pursuits. Yet with ordinary care the whole number might have been made up of persons specially qualified, accustomed to work either at trades or in the fields. Nor were there among the sailors of the men-of-war many that could be turned to useful account on shore.
Again, it had been forgotten that if the convicts were to be compelled to work, overseers were indispensable; for laziness is ingrained in the criminal class, and more than change of sky is needed to bring about any lasting change in character and habits. To these retarding causes was soon added wide-spread sickness, the result of long confinement on ship-board, and an unvarying diet of salt provisions. Scurvy, which during the voyage all had escaped, broke out now in epidemic form. Indigenous anti-scorbutics there were next to none, and the disease grew soon to alarming proportions. Many convicts died, and others in great numbers sank under an almost entire prostration of life and energy. On the voyage out there had been forty deaths; now within five months of disembarkation there had been twenty-eight more, while sixty-six were in hospital, and two hundred others were declared by the medical officers to be unfit for duty or work of any kind.
Another difficulty of paramount importance soon stared the whole settlement in the face. So far the king's store
found all in food, but the supply was not inexhaustible, and might in the long run, by a concurrence of adverse circumstances, be almost emptied, as indeed happened at no remote date. Famine was therefore both possible and probable, unless in the interval the colony were made capable of catering for its own needs. To accomplish this most desirable end it was necessary to bring ground at once into cultivation, breed stock, and raise crops for home consumption. The first farm was established at Paramatta, fourteen miles from Sydney, and at the same time a detachment under Lieut. King, R. N., of the Sirius, was sent to colonise Norfolk Island, a place highly commended by Captain Cook for its genial climate and fertile soil. Here,
says Laing, notwithstanding the various discouragements arising from droughts and blighting winds, the depredations of birds, rats, grubs, and thieves to which the settlement was at first exposed, a large extent of ground was gradually cleared and cultivated, and the prospect of raising subsistence for a considerable proportion appeared in every respect more favourable than at Port Jackson.
At the headquarters settlement in these earlier years prospects were poor enough. The land being less fertile needed more skill, and this was altogether absent. The convicts knew nothing of farming—how could they?—and there was no one to teach them. One or two instructors expressly sent out were found quite useless. The only person in the colony competent to manage convicts, or give them a practical knowledge of agriculture, was the governor's valet, and he died in 1791. To add to these troubles a lengthened drought afflicted the country during the first year of the settlement, under which the soil, ungenerous before, grew absolutely barren and unproductive. A man less resolute and able than Captain Phillip might well have recoiled at the task before him. The dangers ahead threatened the very existence of his colony. Hostile natives surrounded him. Within the limits of his settlement he had to face imminent starvation, and to cope with the innate lawlessness of a population for the most part idle, ignorant, and vicious. For it soon became plain that to look for the growth of a virtuous community, except at some remote period, from the strange elements gathered together in New South Wales, was but a visionary's dream.
England's social sewage was not to be shot down in Botany Bay, to be deodorised or made pure just because the authorities willed it. It was vain to count upon the reformation of these people in the present, or to build up hopes of it in the future. We have seen how their natural propensities displayed themselves on the voyage out. These, directly the convicts were landed, developed with rapid growth, so that crimes and offences of a serious nature soon became extremely rife. On the day the governor's commission was read, the governor addressed the convicts, exhorting them to behave with propriety, promising to reward the good while he punished heavily all evil-doers. Next morning nine of the people absconded. Within a week it was found necessary to try three others for thefts, all of whom were flogged. Before the month passed, four more were arraigned charged with a plot to rob the public stores, for which one suffered death, and the others were banished from the settlement. Yet at that time there was no possible excuse for such a crime. When goaded by hunger and privation in the coming years of scarcity, it was at least intelligible that desperate men should be found ready to dare all risks to win one plenteous meal, though even then each convict shared to the same extent as the governor himself. Each man's weekly allowance consisted of 7 lbs. biscuit, 3 lbs. peas, and 6 ozs. butter; 7 lbs. salt beef, or 4 lbs. salt pork. But in the first year the rations were ample, and inherent depravity could alone have tempted these convicts to rob the common store.
About this time another convict offender was pardoned on condition that he become the public executioner. Both cat
and gallows were now kept busy, yet without effect. Exemplary punishments,
says Collins, seemed about this period to be growing more necessary. Stock was often killed, huts and tents broken open, and provisions constantly stolen about the latter part of the week; for among the convicts there were many who knew not how to husband their provisions through the seven days they were intended to serve them, but were known to have consumed the whole at the end of the third or fourth day. One of this description made his week's allowance of flour (8 lbs.) into 18 cakes, which he devoured at one meal. He was soon after taken speechless and senseless, and died the following day at the hospital, a loathsome, putrid object.
Here again was felt the want of overseers and superintendents of a class superior to that of the convicts, through whom discipline and interior economy might be maintained and regulated. Naturally those selected felt a tenderness for the shortcomings of their fellows, and it was more than difficult to detect or bring home offences to the guilty. A common crime was absence. Many, undeterred by fear of starvation, or savage natives, went off to the woods. One remained there nineteen days, returning to the settlement at night to lay his hands on food. In some cases the absentees were murdered by natives, and their bodies found sometimes with their heads pounded to jelly, but always mutilated, speared or cut in pieces. There were other crimes quite new, as were the punishments meted out to them. One impostor pretended to have discovered a gold mine; but it was proved that he had fabricated the gold dust he produced from a guinea and a brass buckle, and he was condemned to be flogged and to wear a canvas dress decorated with the letter R, to distinguish him more particularly from others as a rogue.
This same offender being afterwards caught housebreaking, suffered death, but not before he had betrayed his accomplices—two women who had received the stolen property. One of these was also executed, while of the other a public example was made. In the presence of the assembled convicts the executioner shaved her head, and clothed her in a canvas frock, on which were painted the capitals R. S. G.—receiver of stolen goods. This was done,
says Collins, with the hope that shame might operate, at least with the female part of the prisoners, to the prevention of crime; but a great number of both sexes had been too long acquainted with each other in scenes of disgrace for this kind of punishment to work much reformation among them.
Thieving continued on all sides, and the hangman was always busy. Repeated depredations brought one man to the halter, while another, for stabbing a woman, received seven hundred lashes. Scarcely any of the convicts could be relied upon, yet many, in the scarcity of honest freemen, were appointed to posts of responsibility and trust. Generally they abused the confidence reposed in them. The case is mentioned of one Bryant, a seafaring west-country man, who was employed to fish for the settlement. Every encouragement was held out to this man to secure his honesty: a hut was built for him and his family, and he was allowed to retain for his own use a portion of every taking. Nevertheless he was detected in a long continued practice of purloining quantities of fish which he sold for his own gain. But he was too useful to be deprived of his employment, and he was still retained as official fisherman, only under a stricter supervision. Even this he eluded, managing a year or two later to make good his escape from the colony, together with his wife, two children, and seven other convicts. Having for some time laid by a store of provisions, and obtaining from a Dutch ship, in the port of Sydney, a compass, quadrant, and chart, together with information to help him in reaching Timor and Batavia, he stole one of the government boats and made off. Bryant and two of his convict companions being well trained in the management of a boat, and having luck upon their side, in due course reached the ports for which they steered. Others were less fortunate in their attempts to escape; like those who tried to walk to China northward through the Australian continent. Nor did much success wait upon the scheme laid by the convicts at Norfolk Island to overpower their guards, seize the person of the governor, and decamp. Although too wild and preposterous a plot to raise serious alarm, the very existence of this serves to prove the treacherous, untrustworthy character of these felon exiles. Some years later, indeed, in the reign of Governor King, an outbreak somewhat similar, but planned with secrecy and judgment, came actually to a head, and for the moment assumed rather serious proportions. In this, several hundred convicts combined to strike for their liberty.
They had pikes, pistols, and several stands of arms. The insurrection broke out suddenly. Two large bodies marched