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CHAP.
LX.

1787.

Attempts to improve the condition of criminals.

gaols.

imparting to Mr. Pitt the sentiments of that bench. The question submitted to them was, "Ought the "Test and Corporation Acts to be maintained?" Of fourteen prelates who were present, two only, Shipley, Bishop of St. Asaph, and Watson of Landaff, gave suffrages in the negative; and the decision, with the names of those who voted on each side, was transmitted to Mr. Pitt*, and of course not kept a secret from the other party.

In the course of this session, a measure was carried which materially affected the execution of the criminal law, and may, in its ultimate results, have considerable operation on the affairs and interests of the whole Regulations in world. It may be fit to observe, that the attention of Government, invoked by the voice of humanity, and political good sense, had for some time been drawn to the condition and fate of malefactors. The prisons, which many authentic accounts describe as dens of vice, filth, and disease, had been subjected to visitation, restraint, and salutary improvement. If pure morals, undefiled conversation, and genuine piety, could not, by a sudden operation, be produced in the crowded receptacles of crime, some attention to decency and propriety was at least obtained, and the offices of religion were regularly and piously performed. If all the comforts of a well-regulated home could not be bestowed on criminals detained for trial or convicted of crime, cleanliness was established, health attended to, and all disease, particularly a most dangerous fever, which derived its name from the place where it was generated†, was, so far as human care could effect such a purpose, banished from the prisons.

Change of the place of execution.

It had long been the custom to convey criminals, doomed to death, from Newgate to Tyburn, at the furthest extremity of Oxford Road. Huddled together in carts, these miserable individuals made thus a journey of more than two miles, through the most busy thoroughfares of the metropolis. How inconvenient

8vo.

Anecdotes of the Life of Richard Watson, Bishop of Landaff, vol. i. p. 261, †The Gaol Distemper.

this was to the inhabitants of those streets it is needless to describe; the shops were kept shut until an hour unusually late; and, on many occasions, immense mobs were collected, carrying, through their whole progress, mischief, violence, and rapine. If a feeling of repentance had been implanted in the breast of the criminal, the view, the shouts, the ribaldry of his former associates, who beset him on his way, were eminently calculated to blight it; and most frequently the culprit himself made it a duty to banish fear and prudence from the bosoms of spectators, by the display of a reckless hardihood, an undaunted indifference to his fate, which removed him from the shameful condition of a criminal, and elevated him, for a time at least, to the rank of a popular hero. During the coalition administration*, this dreadful nuisance was abolished. By an easy and effectual contrivance, the victim of the law passed only through some inner apartments to a temporary building erected in the front of the prison, where, after receiving from the ordinary, or a priest of his own persuasion, the last consolation which piety can bestow in this world, he was expelled from it, according to his sentence.

СНАР.

LX.

1787.

Wales.

Since the separation of the American colonies, a Transportation difficulty had existed with respect to the destination to New South of the criminals sentenced to transportation. The number of convicts thus circumstanced had frightfully accumulated, and intentions were entertained of conveying them to an island in the Gambia, on the eastern coast of Africa. This dedication of them to certain death, when the law had not awarded such a punishment, was strongly censured, and easily abandoned, and an unexceptionable regulation was adopted in the

In December, 1783.

It might be supposed that this regulation could not be disapproved by any considerate individual. Some did censure it; and one in particular, most eminent, learned, and pious, Dr. Johnson, objected, in the first place, to the fury of innovation, from which Tyburn itself was no longer safe; and next, that if an execution ceased to draw spectators, it failed in its purpose; the solemn procession, he added, was equally of use to the criminal and the public; and his biographer intimated, that, in their approval of this morality, magistrates were actu ated by a regard for their own ease. Boswell's Life of Johnson, vol. iv. p. 204, 8vo. ed. 1816; vol. viii. p. 179, ed. 1835. Mr. Horne Tooke also expressed disapprobation, but on grounds entirely different.

CHAP.

LX.

1787.

1786. Dec. 6.

course of the session. Among the discoveries of that justly celebrated navigator, Captain Cook, may be reckoned the extensive territory called Australasia, or New South Wales. That Captain Cook was the first European who had descried this new region, cannot be averred: the Dutch had made ineffectual voyages, given names to some portions, and laid down its locality in an obscure manner, in some of their unpublished maps; but they were characteristically parsimonious, even in communication; and, deriving no aid from them or from their disclosures, the whole merit of discovery lies with the adventurous Englishman*.

This land had been to a certain degree explored, and its capacity to afford copious means of subsistence fully ascertained, when it was resolved to make it the habitation of transported convicts. The mode of punishment had been very inconveniently conducted, under an act of Parliament, which authorized the Crown to send offenders to any part of the British dominions beyond sea, and assign them, for the period of their punishment, to any who would employ themt: but the evils of this system were soon felt, and an order in council was made, in virtue of which the eastern part of the coast of New South Wales was to be their destination. It was, of course, necessary to establish a civil authority and form of government, sufficient for the punishment of crimes and the protection of society. The statute, which enabled his Majesty, by commission under the great seal, to establish such a government, passed without notice‡ or debate, and the public hailed the change as useful and humane§. Captain Arthur Phillip, of the navy, who was appointed governor, with proper subordinate officers, and a body of marines, sailed in a ship of war, with a tender and nine transports and store ships, carrying six hundred male and two hundred and fifty female convicts, des

• See Historical, Political, and Moral Essay on Revolutions, by Chateaubriand, p. 133. See also Cook's Voyages; and Pinkerton's Collection of Voyages, vol. ii. P. 121.

† 24 George III. c. 56.

27 George III. c. 2.

Macpherson's Annals of Commerce, vol. iv. p. 132.

tined to be the original founders of the projected colony, together with an amply supply of provisions, plantation tools, and stores of every kind for their comfortable settlement*.

At the close of this session, the Speaker enumerated to the King several of the measures which had engaged attention; particularly the promising state of the finances, and the aid which had been granted to the Prince of Wales. The King acknowledged, with thanks, the liberality of Parliament; but his speech contained no matter that could be considered new or striking, except an allusion to troubles prevailing in Holland, at which, as a friend and well-wisher to the Republic, he expressed real concern.

Accounts of this Voyage were published by Governor Phillip, Captain Hunter, John White, Esq. Surgeon-general, and some others. The narrations are all interesting, and, for information in natural history and other particulars, very valuable. It is worthy of remark, that this voyage, which then occupied more than ten months, can now be accomplished in four.

CHAP.

LX.

1787.

close of the

May 30.

session.

CHAPTER THE SIXTY-FIRST.

1784--1787.

Affairs of India.-Efforts to restore order.-Mr. Hastings goes to Lucknow-wretched condition of the country.-State of Shah Allum.-Mr. Hastings retires from the government. Succeeded by Mr. Macpherson.—Meeting at Calcutta on Mr. Pitt's act.-Petitions against the new judicature.—The government offered to Lord Macartney.-Lord Cornwallis appointed.-Motion in Parliament to amend Mr. Pitt's act -opposed by Mr. Dundas-and lost.-Mr. Dundas brings in a bill-observations of Mr. Burke.-Amendment moved by Mr. Sheridan to divide the bill into two-adopted.— Debates in the Lords-the bills passed.-Lord Cornwallis goes to India.-Debts of the Nabob of Arcot-directed to be paid without deduction. Mr. Fox's motion on the subject-celebrated speech of Mr. Burke.-Motions in the House of Lords. -Departure of Mr. Hastings from India— honours paid him- he writes a narrative.-Opinions respecting him pronounced in Parliament at the India House. Mr. Burke's motion respecting Almas Ali Khan.-Papers moved for by Mr. Francis.-Mr. Burke moves for papers preparatory to his charges against Mr. Hastings-observations of several members-papers granted.- Mr. Burke proposes to examine witnesses at the bar-produces twenty-two charges.-Copies allowed to Mr. Hastings.-His answer to the charges witnesses examined.- Mr. Burke moves the first charge - which is rejected.—Mr. Fox moves the second.-Mr. Pitt declares in favour of the motion-impeachment voted.-Oude charges.-Mr. Sheridan's celebrated speech.--Impeachment on this charge voted. Further proceedings.- Other charges moved by other members. - Proceedings reported-Committee ap

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