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of the system of penal labour suggested by Captain Maconochie. I do not mean that that system should be adopted as a whole, and with- out variation, since there are some of his pro- posed regulations which I consider as exceed- ingly objectionable; but I am persuaded that the fundamental principle of what he has termed the "Mark system," is a sound one, and that therefore it would not be impossible to devise regulations by which it might be worked out in practice. I am afraid, however, that this could not be done with any reasonable prospect of success by the agency of Captain Maconochie himself.

10. I would still retain, for all serious offences, exile, as part of the punishment of convicts, but it should be simple exile. The convict, after he had worked out the term, or rather the amount of penal labour awarded to him at home, should be free to go to what part of the world he

pleased, and every possible assistance should be

afforded to him in going to the destination he might choose, in such a manner as to have the best chance of escaping from being recognized as a discharged convict. By the agency of the emigration agents, I see no insuperable diffi- culty in effecting this: places might be secured for these exiles on board emigrant ships, bound either for the United States, British North America, or Australia. Means, which it is not

necessary now to detail, might be adopted for ensuring their going on board these ships, with- out their being brought there in custody; and a part of the earnings of their labour during the concluding part of their punishment at home, might, under proper precautions, be paid to them on their arrival at the place of their destination.

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11. Convicts thus exiled found at large in this country before the termination of the period for which they had been sentenced, would be liable to punishment precisely as transports now are. Being exiled in this manner, they could go to any of our colonies, or to foreign countries, without giving any ground for com-

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plaint; and all that was really valuable in the system of transportation,—its affording an opportunity to those who had undergone the sentence of the law, of again establishing them- selves in some honest way of life,--would be secured.

12. It might, I think, deserve to be considered whether "exile" might not be remitted in favour of those who had friends in this country willing to be responsible for their good conduct for a certain definite period. Though it is not common amongst the ordinary class of crimi- nals, still in some particular cases, mere exile

is felt as a punishment of extreme severity. Generally when it is so, it is owing to family ties at home; and those convicts to whom on this account mere exile would be so painful, would be most likely to be able to get others to

be responsible for them, in the event of their remaining in this country.

13. The ordinary objection made to the sys- tem of punishment at home, is the enormous outlay of money which it would render necessary

in the erection of proper prisons or penitentiaries for the reception of so great a number of cri- minals; but it is to be observed that this outlay

is only necessary because a very much better system of discipline is considered necessary at home than we have been satisfied with in the colonies. Even our hulks have been infinitely less demoralized and less ill-regulated than

the penal and probationary gangs in Van Die- men's Land. If it is to be assumed that we are bound to provide the necessary buildings and agency for introducing a better system of penal discipline in the management of convicts, this objection applies equally, whether the convicts are to be kept at home or sent to a distant colony; and the cost of providing these means for the adoption of improved methods of treat- ing convicts would be infinitely less here than in the colonies. If, on the other hand, we are to be satisfied with much more imperfect means, such imperfect modes of punishment may quite as well be adopted at home as abroad. ought not at all to reconcile us to the dreadful

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PUBLIC RECORD OFFICE

Reference :-

11 C.O.885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO