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4. The middle stage of hard industrial employment should still, however, continue to be a punishment.
This stage should include stone-quarrying, road-making, &c., and care should be taken to exact a fair day's labour from each man, having regard to his strength and capacity. Care should also be taken that the force of free warders with out-door labourers is such as will render, not only escape impossible, but prevent all conversation between the prisoners themselves, or between any of the prisoners and strangers.
Any prisoner in this stage should be liable, if he misconducted himself, to be sent back into the lowest or rigorously penal stage for any part of his remaining term not exceeding six months.
If a middle-stage prisoner proves industrious, and conducts himself well for one-half of the term of his sentence (exclusive of the six months passed in the penal stage), he should be raised to the third, the upper stage, and employed at industrial light labour, but he should be liable to be degraded back if he misconduct himself.
45. To carry out these views we recommend the adoption of the Ceylon Rules, as published in Parliamentary Papers of 3rd August, 1870, page 61.
These Rules provide for promotion by the mark system, and it should be distinctly understood that these marks are to be carefully awarded by the Superintendent himself, and not left to native officers or to subordinates.
They also provide for the remission of a portion of the sentence on continued good conduct.
46. We have hitherto considered only adult males. As to female prisoners, their number is so very small that we do not think their case calls for any special remarks, though the same principles should be worked out with them. They are invariably kept separate.
47. But as regards boys, we consider they should be kept always in a separate part of the prison, and we should, with the Ceylon Committee, desire to see the Magistrate's power, of whipping a child and handing him over to his parents or guardians, very much more extensively exercised.
48. We have now, we believe, touched on all the main features of this question. We feel that much more might be said than we have said here, but with all the Blue Books and papers before us, we could do little more than quote from them. We trust, however, our suggestions may not prove unacceptable to your Excellency.
49. We had perhaps better recapitulate our proposals, showing which may be carried into immediate effect without the necessity of legislation, and all of which we most strongly urge the ado; tion of without delay, as we feel the present system is too great a scandal on our administration to be allowed to continue.
We propose :-
(1.) The removal of all transmarines, except those of 4th and 5th classes, from the present lines. They can be housed at the Brickfields, or the present Cattle Lines, and after February at the native barracks. This is the first step to improvement.
(2.) The removal of all long-sentenced prisoners from Penang and Malacca to Singapore.
(3.) The abolition of all cooking inside the gaol.
(4.) The introduction of penal diet-rice and salt, or bread and salt, and water-for the first ten days in each month for all short-sentenced prisoners, and for the first six months of the sentence of all long-sentenced prisoners.
(5.) The introduction of shot-drill for an hour at a time, twice a day, for all short- sentenced prisoners, and for the first six months of the sentence of all long-sentenced prisoners.
All that is necessary for this is the immediate construction of a sufficient number of stands, the collection of shot, and the erection of some attap sheds, till rrugated iron can be got, as in this wet climate the work would be constantly interrupted.
(6.) The separation of boys entirely from the adults, both by day and night. (7.) The non-employment of any short-sentenced prisoners outside the gaol, except such as are imprisoned for non-payment of fine, and these should also be exempted from penal diet and shot-drill as long as they behave well,
(8.) The non-employment of any long-sentenced prisoner outside the gaol till he has undergone six months of his sentence and risen into the middle stage of industrial hard labour.
(9.) The construction of us many separate cells as possible within the Singapore Gaol, and the adoption of the separate system, as, far the number of cells will allow, in its entirety.
(10.) The construction of as many separate working cells, open in front, in fact, merely
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partitioned places, and the working of all short-sentenced prisoners apart while not at
shot-drill.
(11.) The employment of free warders entirely outside, and a large increase of them inside, the prison.
(12.) The promotion, after six months of good conduct, of a long-sentenced prisoner to a middle stage for half of his sentence, when by good conduct he may rise to an upper stage, and then, by the mark system, allowing him a remission of a certain portion of his
sentence.
All these improvements can be introduced, under our present laws, simply by an Order in Council, and we sincerely trust that some of them may be at once adopted.
50. Legislation will be necessary as regards the alteration we propose in the constitu- tion of the Board of Visiting Justices, and of the powers to the principal officer of a gaol to punish, and we beg respectfully to point out that this is of the most vital importance to the effectual carrying out of any improvement.
51. We annex to this Report-
(1.) A letter from Major McNair, dated 1st January, 1871.*
(2.) A memorandum from do., 1st January, 1871.†
(3.) Rules for Transmarine Convicts.‡
(4.) Letter froin Mr. T. Scott, dated 8th July, 1871.†
(5.) Memorandum from Dr. Little.*
(6.) Letter from Mr. W. H. Read, dated 19th June.†
(7.) Letter from Chairman Visiting Justices of the 9th June, 1871.†
(8.) Letter from Mr. Owen of 15th June.*
(9.) Letter from Lieut-Governor, Penang, 5th July,Î
(10.) Letter from Mr. Vermont, 8th July.†
52. We desire to record our regret that three of the gentlenren originally placed on
the Commission have been unable to sign this Report.
We especially desire to notice with regret the death of Mr. Owen. Major McNair
and Captain Speedy have departed for England on leave.
Major McNair, however, read the Report, and we have reason to believe generally agrees with it, though, perhaps, not on the mark system.
His Excellency the Administrator, Straits Settlements.
We have, &c. (Signed)
J. W. W. BIRCH.
T. BRADDELL.
THOS. SCOTT.
HO AH KAY WHAMPOA.
W. H. REED.
H. L. RANDELL.
We do not quite agree with the recommendation in this Report as to the employ- ment of prisoners on non-productive work, such as tread-wheel, crank, and shot-drill. In England and other countries, similarly situated as to the supply of labour, special arrange- ments may be considered necessary to prevent undue competition with free labourers, but here, we would submit, the labour market is under supplied, and we think greater advan- tage might be taken of the labour of prisoners in productive works than is contemplated in this Report. A very heavy requisition will shortly be made in the Colony for road repairs (now done by transmarine convicts), and if short-time prisoners (that is, 'under six months) and long-time prisoners, for the first six months of their sentences, are not to be employed, except at thet read-wheel, crank, or shot-drill, there will be very little labour left available for productive works, such as building, ironwork, carpentry, basket, rope, and mat making and road making,
The 2nd class prisoners described in paragraph 16, consist of persons sentenced from six months to two years, and of them we calculate at least half are for periods not exceeding twelve months, so if six months are devoted to unproductive labour there will rest only six months for productive labour.
The prisoners sentenced to penal servitude or transportation are few in number, and we fear it would be found that but a very limited supply of labour would be at the
* Printed in the Appendices A, B, and C. + Not printed.
Published separately by Government of India.
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