om the scene of his crime; but the accounts of the
practical working of the system were unsatisfactory. The four or five
thousand persons annually sent to New South Wales were not absorbed by
the population, but continued to form a large and separate vicious mass.
Crime and vice were consequently on the increase in the settlement; and
the continual importation of fresh cargoes of criminals threatened to
aggravate the evils indefinitely. The punishment operated unequally on
the convicts; it depended on the humour or temper of the masters whether
their situation should be one of indulgence, or one of intolerable
hardship. Moreover, there was no merit in the system on the score of
economy, it cost the country from L350,000 to L400,000 annually.
His lordship proposed, therefore, to abridge the number of cases of
transportation, but to aggravate its operation in those which continued
subject to it. No person should be transported for less than ten years,
it having been found that the effect of a shorter period was to make
the criminals insolent and unruly. The next period was to be for fifteen
years, and the last for life. A certain hour of labour in the chain
gangs was to be allotted to all the prisoners, and indulgences afforded
them according to their good conduct. But these were merely suggestions;
he did not in the present session intend to bring in any general measure
with a view of carrying them into effect.
No opposition was given to the passing of the bills in the commons. They
were brought into the upper house by Lord Denman, and the second reading
was fixed for the 4th of July. The propositions were moved by Lord
Denman, who alleged in their support similar facts and arguments to
those urged in the commons by Lord John Russell. Lord Lyndhurst gave his
full support to the principle and object of the bills; but he pointed
out certain inconsistencies and anomalies of detail, which were
subsequently rectified. The measures were likewise warmly advocated
by Lord Brougham, who looked with confidence towards a general and
effectual mitigation of the criminal code. Among the amendments which
were made by the lords was one changing the term of imprisonment from
five to three years, limiting the term of solitary confinement to a
month at one time, and to not more than three months in a year, and the
taking away the capital punishment for offences against the riot
act. Thus amended, the bill passed the lords, and the amendme
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