FOOTNOTES:

[37] Oration, pro A. Cœsin.

[38] Tacitus, ann. 285.

[39] Discourse, by the Right Hon. Wm. Eden, on Banishment.

[40] Robertson's History of America.

[41] See Blackstone's Commentaries, vol. iv. c. 31.

[42] Rastall's Statutes, p. 419.

[43] Chalmers.

[44] Eden's Discourse.

[45] Sir Joshua Child's Discourses on Trade, 1670.

[46] Letter from James II., in the colonial-office: quoted by Chalmers.

[47] Introduction to Phillip's Voyages.

[48] See Bentham's Letter to Lord Pelham.

[49] Vicar of Wakefield.

[50] Dr. Lang, on whose quotation (from the Memoirs of Jefferson, vol. i. p. 406) the above is given, would make the total number to be 50,000—a vast difference!

SECTION II

During and subsequent to the American war, the prisons of Great Britain were crowded. A distemper, generated in the damp and fœtid atmosphere of gaols, carried off thousands: to be charged with an offence, was to be exposed to the risk of a malady generally fatal. Sometimes, it passed beyond the precincts of prisons: at Taunton, the judges and other officers of the court, and hundreds of the inhabitants, perished.

Howard, after spending a large portion of his life in retirement and devotion, was chosen sheriff of Bedfordshire. He exposed the sufferings which he witnessed; and accelerated transportation, by revealing the secrets of the prison house. It is needless to describe his labors—they belong to all nations: he reproved kings, and received the blessings of thousands ready to perish; and he lost his life in the service of mankind.[52]

The attention awakened by Howard, the philanthropist, led to the general improvement of prisons (1779). A variety of projects were suggested for the disposal of prisoners: some it was proposed to confine in dock-yards, salt works, mines, or where concentrated labour might be possible. Mr. Eden, at first, suggested that enormous offenders should be sent to the Mahomedan ports, and sold for the redemption of Christian slaves, or be employed on the coasts of Africa, on small islands, for the benefit of navigation.[53] It was recommended by a committee of the House of Commons to transport criminals to the coast of Africa and the East Indies. These plans were effectually resisted, or failed of their design.

Judge Blackstone and Mr. Eden contrived a scheme, in concert with Howard, which they embodied in the "Hard Labor Bill." Its object was twofold: to establish labor houses all over England, and to regulate the employment of convicts on board the hulks. This measure was published preparatory to its being submitted to parliament, and fell into the hands of Bentham. Hailing the movement as fraught with important improvements, he produced his Panopticon, which he described as applicable to all houses of industry, and wherever inspection is constantly required. The plan exhibits remarkable ingenuity: the separation being made consistent with continual oversight, and an economy of space with health and exercise. The design of the building itself is circular: the external area cut up into angles, and separated by walls running to a common centre. The interior is formed of a succession of circles, not inaptly compared by the satirical opponents of the scheme to a spider's web.[54] He afterwards accompanied his plans with minute definitions of the objects and methods of penal coercion.

Sir John Parnell, chancellor of the Irish exchequer, Mr. Pitt and Lord Melville of the English ministry, were anxious to establish the panopticon system in their respective countries. The design was not formally abandoned until 1813, when the erection of the Millbank Penitentiary, extinguished the scheme of Bentham. He had written political articles offensive to the court: George III. had attempted to refute his opinions, and cherished towards him the antipathy of a rival. A contract was formed with Bentham, to erect and conduct his panopticon: he had received possession of a spot of land assigned for the purpose, and nothing was wanting but the royal signature to his official appointment. His hopes were finally crushed by the obstinacy of the inexorable king.[55]