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The Trouble with Convicts: From Transportation to Penal Servitude, 1840–67

Published online by Cambridge University Press:  20 February 2014

Abstract

This article makes three points about the death throes of convict transportation. First, the quarrel over transportation shows the double-edged nature of the moral critique of empire in the early Victorian era. Metropolitan criticism of transportation had its roots in the same effort to moralize the empire that was seen in the almost contemporaneous assault on slavery. But transportation was deemed too convenient a means of getting rid of criminals for Britons safely to do without it. Second, the Whig government of 1846–52 sought to save transportation by moralizing the convict before shipping him off. By this point, however, the moral objections to transportation in eastern Australia had become so strong as to make the plan untenable. Third, colonial opposition to transportation ultimately left the British government with no choice but to replace it with penal servitude at home, and the debate over crime and punishment that played out over the next decade revealed a waning of faith in convict rehabilitation that manifested itself in a harsher prison regime. In necessitating the rise of penal servitude, the end of transportation makes it clear that the empire mattered very much indeed to the reshaping of British penal policy in the mid-Victorian era.

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Copyright © The North American Conference on British Studies 2014 

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References

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19 Boyce, James, Van Diemen's Land (Melbourne, 2008)Google Scholar, 205.

20 These themes are brilliantly explored in Boyce, Van Diemen's Land, parts 3 and 4. They deserve further research.

21 Sir James Stephen to J. M. Phillips, 8 September 1845, House of Commons, “Correspondence between the Secretary of State for the Colonial Department and the Governor of Van Diemen's Land, on the Subject of Convict Discipline,” Sessional Papers, 1846, 9 February 1846, vol. 29, p. 12.

22 See, e.g., Ignatieff, Michael, A Just Measure of Pain: The Penitentiary in the Industrial Revolution, 1750–1850 (London, 1978)CrossRefGoogle Scholar, esp. xiii–11, 75–77, 109–12, 214–15; Henriques, U. R. Q., “The Rise and Decline of the Separate System of Prison Discipline,” Past & Present 54 (1972): 6193.CrossRefGoogle Scholar

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25 Ibid., appendix, p. 48.

26 Ibid., appendix, p. 95.

27 Ibid., p. 3.

28 3rd Earl Grey to Sir George Grey, 5 February 1847, The National Archives (TNA), CO 280/217, ff. 120–21.

29 For full details of the Greys' scheme, see esp. Sir George Grey to 3rd Earl Grey, 20 January 1847, TNA CO 280/217, ff. 92–116; 3rd Grey, Earl, The Colonial Policy of Lord John Russell's Administration, 2 vols. (London, 1853), 2:1425.Google Scholar

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31 Sydney Morning Herald, 12 June 1849, 2.

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33 Fitzroy to Grey, 21 March 1849, TNA CO 201/412, f. 60, with Grey's and Elliot's note on back of the dispatch. For detailed accounts of the 1848–49 convict dispute in New South Wales, see Shaw, Convicts and the Colonies, 319–26; Ward, John M., Empire in the Antipodes: The British in Australasia, 1840–1860 (London, 1966), 4044Google Scholar; West, John, The History of Tasmania, 2 vols. (Launceston, 1852), 1:285–87.Google Scholar

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36 Lieutenant Governor Sir William Gomm to Grey, 17 February 1849, House of Commons, “Further Correspondence on the Subject of Transportation and Convict Discipline,” Sessional Papers, 1850, 31 January 1850, vol. 45, pp. 135–36.

37 Governor George Grey to Earl Grey, 8 May 1849, ibid., 121–22.

38 For other accounts of the uproar in the Cape, see Keegan, Timothy, Colonial South Africa and the Origins of the Racial Order (Charlottesville, 1996), 224–30Google Scholar; McKenzie, Scandal in the Colonies, 170–78; Taylor, “The 1848 Revolutions,” esp. 153–56, 167–70; Hattersley, Alan F., The Convict Crisis and the Growth of Unity: Resistance to Transportation in South Africa and Australia, 1848–53 (Pietermaritzburg, 1965)Google Scholar, esp. chap. 4. For Cape frontier violence and the “civilizing mission” in this era, see, e.g., Elbourne, Elizabeth, Blood Ground: Colonialism, Missions, and the Contest for Christianity in the Cape Colony and Britain, 1799–1853 (Montreal, 2002), chaps. 9–10.Google Scholar

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43 Lord John Russell, Speech to the House of Commons, 14 February 1850, Parliamentary Debates, Commons, 3rd ser., vol. 108, col. 802.

44 Smith to Grey, 24 May 1849, TNA CO 48/297, ff. 91–103.

45 Smith to Grey, 29 June 1849, TNA CO 48/296, ff. 286–89; Cape Government notice, 9 July 1849, TNA CO 48/297, f. 136; Smith proclamation, 17 July 1849, TNA CO 48/297, f. 167; Smith to Grey, [July 1849], TNA CO 48/287, ff. 57–67.

46 Mitchel, Jail Journal, 102 (9 September 1849).

47 TNA CO 48/296, f. 119.

48 TNA CO 48/296, f. 126.

49 Printed in An Earnest and Respectful Appeal to the British and Foreign Bible Society, by its South African Auxiliary, on Behalf of the Injured Colony of the Cape of Good Hope (Cape Town, 1849), 32–33.

50 Mitchel, Jail Journal, 117 (1 January 1850).

51 Extract from report of J. M. Deas, 17 July 1849, enclosed in Horatio Waddington to Herman Merivale, 12 September 1849, TNA CO 37/130, ff. 171–73.

52 John Henderson to Commander Wyvill, HMS Castor, 25 September 1849, TNA CO 48/298, f. 416.

53 Mitchel, Jail Journal, 104 (21 September 1849).

54 Grey to Smith, 5 December 1849, TNA CO 48/298, f. 398.

55 PP 1850 [1153], 93–94: Grey to Denison, 17 December 1849.

56 Adam Stewart to the Inspectors, Cape Town, 4 February 1850 (copy), TNA CO 48/310, f. 136.

57 Denison to Grey, 3 May 1850, House of Commons, “Further Correspondence on the Subject of Convict Discipline and Transportation,” Sessional Papers, 1851, 14 May 1851, vol. 45, pp. 12–13.

58 House of Commons, “Report from the Select Committee on Transportation,” Sessional Papers, 1861, 28 May 1861, vol. 13, p. 131.

59 Speech on the Discontinuance of Transportation to Van Diemen's Land, delivered by Sir William Molesworth, MP, in the House of Commons, on the 20th May, 1851 (London, 1851), 1112.Google Scholar

60 Hobart Courier, 29 December 1849, 3 (T. B. Bartley).

61 Launceston Examiner, 27 January 1849, 4 (Adye Douglas).

62 Hobart Courier, 29 December 1849, 3 (John West).

63 Ibid. (John Crookes).

64 Ward, Empire in the Antipodes, 45–46; Shaw, Convicts and the Colonies, 343–44.

65 3rd Earl Grey, Speech to the House of Lords, 5 March 1847, Parliamentary Debates, Lords, 3rd ser., vol. 90 (1847), col. 946.

66 Lord John Russell, Speech to the House of Commons, 10 June 1847, Parliamentary Debates, Commons, 3rd ser., vol. 93 (1847), col. 364. For the use of these words against Grey and Russell, see, e.g., West, History of Tasmania, 1:289.

67 Launceston Examiner, 14 August 1850, 3 (John Crookes).

68 For detailed narratives of the growth of the Australian antitransportation movement, see esp. West, History of Tasmania; Shaw, Convicts and the Colonies, esp. 335–47.

69 See Petrow, Stefan, “Saving Tasmania? The Anti-Transportation and Franklin River Campaigns,” Tasmanian Historical Studies 14 (2009): esp. 112–14.Google Scholar

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71 See Denison to Sir John Pakington, 26 August 1852, House of Commons, “Further Correspondence on the Subject of Convict Discipline and Transportation,” Sessional Papers, 1852–53, 13 December 1852, vol. 82, p. 4; extract of letter from Charles Cooper, religious instructor on board the Rodney, from Hobart, 20 January 1852, TNA CO 280/300, ff. 83–84.

72 Denison to Grey, 23 December 1850, House of Commons, “Further Correspondence on the Subject of Convict Discipline and Transportation,” Sessional Papers, 1851, 14 May 1851, vol. 45, pp. 114–15. Denison's family correspondence reveals him as something of an Evangelical prig. Sir Denison, William, Varieties of Vice-Regal Life, 2 vols. (London, 1870).Google Scholar

73 See, e.g., Denison to Grey, 2 May 1850, TNA CO 280/259, ff. 40–44.

74 Denison to Pakington, 30 August 1852, House of Commons, “Further Correspondence on the Subject of Convict Discipline and Transportation,” Sessional Papers, 1852–53, vol. 82, p. 9.

75 Return enclosed in Waddington to Merivale, 24 November 1852, TNA CO 280/300, ff. 252–58. See also “Return of Irish Convicts Transported, 1848–1850,” TNA CO 280/284, ff. 350–51. For the broader temporal context, see Shaw, Convicts and the Colonies, chap. 8.

76 Testimony of Sir Matthew Barrington, Crown Solicitor for Munster, House of Commons, “Second Report from the Select Committee on Transportation,” Sessional Papers, 1856, 20 June 1856, vol. 17, p. 66.

77 Denison to Grey, 31 January 1849, TNA CO 280/242, ff. 239–40.

78 3rd Earl Grey, Colonial Policy, 2:32–33.

79 As early as June 1846, Irish prison officials were already deeply concerned about overcrowding. See “Disposal of convicts under sentence of transportation in Ireland,” June 1846, TNA HO 45/1393.

80 Grey note of 30 June 1849 on Denison to Grey, 31 January 1849, TNA CO 280/242, f. 41.

81 Thomas Redington (Dublin Castle) to Horatio Waddington, 27 June 1849, TNA CO 280/250, ff. 271–75.

82 Herman Merivale to Horatio Waddington, [November] 1850, TNA CO 280/271, ff. 241–42.

83 Joshua Jebb to Horatio Waddington, 27 March 1850, TNA CO 280/271, ff. 78–80.

84 Denison to Sir John Pakington, 30 September 1852, House of Commons, “Further Correspondence on the Subject of Convict Discipline and Transportation,” Sessional Papers, 1852–53, 13 December 1852, vol. 82, p. 55.

85 Henry Hitchins to the 4th Earl of Clarendon, 22 November 1851, House of Commons, “Further Correspondence on the Subject of Convict Discipline and Transportation,” Sessional Papers, 1852, 30 April 1852, vol. 41, pp. 75–76.

86 Testimony of Walter Crofton, House of Commons, “First Report of the Select Committee on Transportation,” Sessional Papers, 1856, 27 May 1856, vol. 17, p. 138.

87 Testimony of Irish convicts James Foley, John Hogan, Patrick Fahey, and William Bourke, House of Commons, “Further Correspondence on the Subject of Convict Discipline and Transportation,” Sessional Papers, 1852–53, 13 December 1852, vol. 82, pp. 56–62.

88 Herman Merivale to Horatio Waddington, 3 February 1851, TNA CO 280/284, ff. 151–53.

89 Waddington to Merivale, 28 June 1852, TNA CO 280/300, ff. 161–62; Waddington to Merivale, 20 September 1850, with notes by Thomas Frederick Elliot (21 September) and Grey (24 September), TNA CO 201/401, f. 575.

90 For examples, see Jebb to Waddington, 8 July 1850, TNA CO 280/271, ff. 152–53; Elliot to Waddington, 24 April 1852, TNA CO 280/300, ff. 71–72.

91 Note by Merivale on Waddington to Merivale, 20 September 1852, TNA CO 280/300, f. 236.

92 Hughes, Fatal Shore, 562–63, 571.

93 Pakington to Denison, 14 December 1852, House of Commons, “Further Correspondence on the Subject of Convict Discipline and Transportation,” Sessional Papers, 1852–53, 13 December 1852, vol. 82, pp. 105–06.

94 Pakington, Speech to the House of Commons, 3 April 1856, Parliamentary Debates, Commons, 3rd ser., vol. 141 (1856), col. 412.

95 Written response of Sir George Arthur to Henry Brougham, 5 May 1847, House of Lords, “Second Report from the Select Committee of the House of Lords Appointed to Inquire into the Execution of the Criminal Law,” Sessional Papers, 1847, 21 June 1847, vol. 7, appendix, p. 206.

96 [Greg, W. R.], “The Management and Disposal of our Criminal Population,” Edinburgh Review 100 (1854): 591.Google Scholar

97 This was no less true of mid-Victorian Vandiemonians than of mid-Victorian Britons. A separate-cellular prison was opened at the Port Arthur penal station on the Tasman Peninsula in 1853, and one of its chief purposes was to serve as a site for taming “the most mutinous spirit” (in Denison's words) via solitary confinement. Authorities were thus confident that the isolation cell could break the hardest convicts—something that repeated flogging and hard labor in leg-irons had failed to do. Kerr, James Semple, Out of Sight, Out of Mind: Australia's Places of Confinement, 1788–1988 (Sydney, 2000)Google Scholar, 64. See also Brand, Ian, Port Arthur, 1830–1877 (West Moonah, Tasmania, 1975), 3941Google Scholar, 65–71; Young, David, Making Crime Pay: The Evolution of Convict Tourism in Tasmania (Hobart, 1996), 910.Google Scholar

98 Davis, “The London Garotting Panic,” 195–96. See also Peter W. J. Bartrip, “Public Opinion and Law Enforcement: The Ticket-of-Leave Scares in Mid-Victorian Britain,” in Bailey, Policing and Punishment, 172–73.

99 See, e.g., Ignatieff, A Just Measure of Pain, 200–02.

100 Bartrip, “Public Opinion,” 154–55; Priestley, Philip, Victorian Prison Lives: English Prison Biography, 1830–1914 (London, 1985)Google Scholar, 284.

101 C. B. Adderley, Speech to the House of Commons, 9 February 1857, Parliamentary Debates, Commons, 3rd ser., vol. 144 (1857), col. 396.

102 House of Commons, “Second Report from the Select Committee on Transportation,” Sessional Papers, 1856, vol. 17, pp. 29–30.

103 Bartrip, “Public Opinion,” 154–55, 159. For a contemporary perspective, see Clay, W. L., Our Convict Systems (London, 1862), 3233.Google Scholar

104 See Jebb's letters to The Times, 28 December 1855 and 8 January 1857. See also House of Commons, “Third Report from the Select Committee on Transportation,” Sessional Papers, 1856, 11 July 1856, vol. 17, p. iv.

105 House of Commons, “Second Report from the Select Committee on Transportation,” Sessional Papers, 1856, 20 June 1856, vol. 17, pp. 48–49. Stuart himself testified that ex-convicts routinely destroyed their tickets-of-leave as they considered these “badge[s] of disgrace.” In the absence of these documents, constables would have had virtually no means of proving that a suspect was indeed a ticket-of-leave man. The fear of roving bands of ticket-of-leave men that Stuart conjured up in his testimony was an oft-cited reason for the adoption of compulsory county and borough police forces in 1856. Steedman, Carolyn, Policing the Victorian Community: The Formation of English Provincial Police Forces, 1856–80 (London, 1984), 2425Google Scholar. See also Victor Bailey, introduction to Policing and Punishment, 15.

106 Sir George Grey, Speech to the House of Commons, 9 February 1857, Parliamentary Debates, Commons, 3rd ser., vol. 144 (1857), cols. 364–65; testimony of Lord Campbell, Chief Justice of England, House of Commons, “Third Report from the Select Committee on Transportation,” Sessional Papers, 1856, 11 July 1856, vol. 17, p. 28.

107 Sir John Pakington, Speech to the House of Commons, 9 August 1853, Parliamentary Debates, Commons, 3rd ser., vol. 129 (1853), col. 1547; Clay, W. L., The Prison Chaplain (London, 1861)Google Scholar, 411; Bartrip, “Public Opinion,” 172–73; Davis, Garotting Panic, 195–96.

108 Testimony of Horatio Waddington, House of Commons, “First Report from the Select Committee on Transportation,” Sessional Papers, 1856, 27 May 1856, vol. 17, p. 4.

109 See, e.g., Clay, Our Convict Systems, 65–66.

110 See, e.g., Clay, Prison Chaplain, 409–10.

111 House of Commons, “First Report from the Select Committee on Transportation,” Sessional Papers, 1856, 27 May 1856, vol. 17, p. 130.

112 Henry Mayhew, London Labour and the London Poor (1st published 1851–52, repr. of 1861 ed. New York, 4 vols., 1968), 3:439. For further accounts of the meetings convened by Mayhew, see The Times, 13 March 1856 and 28 January 1857.

113 See, e.g., 3rd Earl Grey, Colonial Policy, 2:77.

114 Arthur, George, Defence of Transportation, in Reply to the Remarks of the Archbishop of Dublin, in his Second Letter to Earl Grey (London, 1835)Google Scholar, 1.

115 House of Lords, “Second Report from the Select Committee of the House of Lords Appointed to Inquire into the Execution of the Criminal Law,” Sessional Papers, 1847, 21 June 1847, vol. 7, appendix, p. 8: Mr. Justice Wightman.

116 Fry, Henry Phibbs, A Letter to the Householders of Hobarton, on the Effects of Transportation, and on the Moral Condition of the Colony (Hobarton, 1847), 1213.Google Scholar

117 See, e.g., House of Commons, “Second Report from the Select Committee on Transportation,” Sessional Papers, 1856, 20 June 1856, vol. 17, pp. 101, 125, 135. Testimony of Sir Creswell Creswell (judge in the Court of Common Pleas), James Brennan (Metropolitan Police inspector), and Sir Richard Mayne (chief of the Metropolitan Police).

118 See, e.g., Robson, L. L., The Convict Settlers of Australia (Melbourne, 1965)Google Scholar, 157; Hughes, Fatal Shore, 586–87.

119 Ritchie, Daniel, ed., The Voice of our Exiles; or, Stray Leaves from a Convict Ship (Edinburgh, 1854)Google Scholar, 50.

120 See, classically, Gallagher, John, “Fowell Buxton and the New African Policy,” Cambridge Historical Journal 10, no. 1 (1950), 3658CrossRefGoogle Scholar; Curtin, Philip D., The Image of Africa: British Ideas and Action, 1780–1850 (Madison, 1964)CrossRefGoogle Scholar, esp. part 3. See also Temperley, Howard, White Dreams, Black Africa: The Antislavery Expedition to the River Niger, 1841–1842 (New Haven, 1991).Google Scholar

121 See Rice, C. Duncan, “‘Humanity Sold for Sugar!’ The British Abolitionist Response to Free Trade in Slave-Grown Sugar,” Historical Journal 13, no. 3 (1970): 402–18CrossRefGoogle Scholar; Holt, Thomas, The Problem of Freedom: Race, Labor, and Politics in Jamaica and Britain, 1832–1938 (Baltimore, 1992)Google Scholar; Hall, Civilising Subjects; Drescher, Seymour, The Mighty Experiment: Free Labor versus Slavery in British Emancipation (New York, 2002)Google Scholar, chaps. 10–12; Temperley, Howard, British Antislavery, 1833–1870 (London, 1972), chaps. 68Google Scholar. For a compellingly nuanced recent treatment of the tension between sugar and antislavery, see Huzzey, Richard, “Free Trade, Free Labour, and Slave Sugar in Victorian Britain,” Historical Journal 53, no. 2 (2010): 359–79.CrossRefGoogle Scholar

122 See House of Commons, “First Report from the Select Committee on Transportation,” Sessional Papers, 1856, 27 May 1856, vol. 17, pp. 111–22.

123 Palmerston, Speech to the House of Commons, 9 August 1853, Parliamentary Debates, Commons, 3rd ser., vol. 129 (1853), col. 1538.

124 House of Commons, “First Report from the Select Committee on Transportation,” Sessional Papers, 1856, 27 May 1856, vol. 17, p. 12.

125 Ibid., p. 38: testimony of Thomas Frederick Elliot. See also TNA CO 280/312, ff. 162–64: Horatio Waddington to Herman Merivale, 16 February 1853, with notes by Elliot dated 19 February 1853.

126 House of Lords, “Report from the Select Committee of the House of Lords, Appointed to Inquire into the Provisions of the Act of 16 & 17 Victoria,” Sessional Papers, 1856, 25 July 1856, vol. 17, pp. iii–iv; House of Commons, “Third Report from the Select Committee on Transportation,” Sessional Papers, 1856, 11 July 1856, vol. 17, p. 30: testimony of Lord Campbell.

127 House of Commons, “First Report from the Select Committee on Transportation,” Sessional Papers, 1856, 27 May 1856, vol. 17 p. 244: testimony of Elliot.

128 Ibid., p. 37: testimony of Elliot.

129 See esp. Davis, “London Garotting Panic”; Tomlinson, “Penal Servitude”; Bartrip, “Public Opinion,” esp. 165–68; Sir Radzinowicz, Leon and Hood, Roger, A History of English Criminal Law and Its Administration from 1750: Vol. 5. The Emergence of Penal Policy (London, 1986), 524–25Google Scholar; Pearson, Geoffrey, Hooligan: A History of Respectable Fears (London, 1983), 138–43CrossRefGoogle Scholar. Of the twenty-three alleged garotters brought before Mr. Baron Bramwell at the Old Bailey in November 1862, for instance, only two turned out to have been ticket-of-leave men. Davis, “Garotting Panic,” 206.

130 Radzinowicz and Hood, English Criminal Law, 5:502–15. For prison unrest in the 1850s, see Ignatieff, 202–06.

131 The Times, 16 December 1862, 8; 3 September 1862, 8 (letter of “S.”); 5 December 1862, 9 (W. W. Burton); 29 December 1862, 9 (C. W. Eddy); 3 January 1863, 9 (“A Policeman”); 14 January 1863, 10 (“M.”). See also Daily News, 18 December and 22 December 1862; Morning Post, 18 February 1863; Standard, 19 December 1862; Liverpool Mercury, 20 January 1863; Leicester Chronicle, 13 December 1862; Hampshire Advertiser, 20 December 1862.

132 The Times, 15 May 1851, 4.

133 The Times, 10 December 1862, 10.

134 The Times, 30 December 1862, 7.

135 The Times, 2 January 1863, 6.

136 The Times, 10 December 1862, 10.

137 The Times, 31 December 1862, 4; The Times, 3 December 1862, 7.

138 Saturday Review 14 (30 August 1862): 357. Quoted in Davis, “Garotting Panic,” 192.

139 [Burton, J. H.], “Our Convicts Past and Present,” Blackwood's Edinburgh Magazine 83 (March 1858)Google Scholar: 306.

140 Hill, Matthew Davenport, Suggestions for the Repression of Crime (London, 1857)Google Scholar, 469: repr. of jury charge, October 1853.

141 Mayhew, Henry and Binny, John, The Criminal Prisons of London and Scenes of Prison Life (London, 1862; repr. New York, 1968), 9596.Google Scholar

142 Carpenter, Mary, Our Convicts, 2 vols. (London, 1864)Google Scholar, 1:245. For similar sentiments, see Clay, W. L., Our Convict Systems (London, 1862: repr. New York, 1985)Google Scholar, 30; J. R. Fowler and Martin Ware, The Transportation of Criminals, being a Report of a Discussion at a Special Meeting of the National Association for the Promotion of Social Science, held at Burlington House, on the 17th February, 1863, 5 (remarks of G. W. Hastings).

143 See also [Stephen, Fitzjames], “The Punishment of Convicts,” Cornhill Magazine 7 (February 1863): 201–02.Google Scholar

144 Adderley, Speech to the House of Commons, 9 August 1853, Hansard, 3rd ser., vol. 129, col. 1551. See also Adderley, C. B., Transportation not Necessary (London, 1851).Google Scholar

145 Adderley's letter to the The Times, 28 November 1862, 7.

146 Adderley, Speech to the House of Commons, 9 February 1857, Parliamentary Debates, Commons, 3rd ser., vol. 44 (1857), col. 399.

147 Sir George Grey, Speech to the House of Commons, 11 March 1863, Parliamentary Debates, Commons, 3rd ser., vol. 169 (1863), col. 1311. Nineteen floggings were carried out in the first year after passage of the act. The Times, 21 March 1865, 14. For some lingering descriptions of prisoners suffering under the lash, see, e.g., The Times, 24 March 1866, 12, and 18 January 1867, 11.

148 Punch, 6 December 1862, 227.

149 Earl of Carnarvon, Speech to the House of Lords, 20 June 1865, Parliamentary Debates, Lords, 3rd ser., vol. 180 (1865), col. 519. See also [Newman, F. E.], “Corporal Punishment and Penal Reformation,” Fraser's Magazine 71 (February 1865): 154–66.Google Scholar

150 See, e.g., Sir Crofton, Walter, Convict Systems and Transportation: A Lecture Delivered at the Philosophical Institution, Bristol, on the 22nd December, 1862 (London, 1863), 34Google Scholar; [Martineau, Harriet], “The Convict System in England and Ireland,” Edinburgh Review 117 (January 1863): 249–50Google Scholar; [Balme, Edward Wheatley], Observations on the Treatment of Convicts in Ireland (London, 1862), 126Google Scholar. For an extended paean to the relative virtues of the reformed prison system in Ireland and its ostensible fitness for England, see Carpenter, Our Convicts, vol. 2.

151 Earl of Chichester, ed., Reports and Observations on the Discipline and Management of Convict Prisons, by the late Major-General Sir Joshua Jebb (London, 1863)Google Scholar, 34. See also John P. Burt, “Convict Discipline in Ireland,” 27–29, and Jebb, “Explanations showing the difficulties which would attend the introduction into England of the probationary stages of discipline and supervision of the Police, &c., which have been adopted in Ireland,” esp. 50, 55, in Papers and Discussions on Punishment and Reformation, being the Transactions of the Third Department of the National Association for the Promotion of Social Science (London, 1862).Google Scholar

152 See esp. Radzinowicz and Hood, History of English Criminal Law, vol. 5, chap. 16; Du Cane, Edmund F., The Punishment and Prevention of Crime (London, 1885), 172–73Google Scholar; Davis, “London Garotting Panic,” esp. 206–09; Bartrip, “Public Opinion,” esp. 168–71; Tomlinson, “Penal Servitude,” 141–44; McConville, English Prison Administration, 1:356–58. For a bleak portrait of life in Du Cane's central prison system, see Five Years' Penal Servitude, by One who has Endured it (London, 1877; repr. New York, 1984), esp. 15.Google Scholar

153 Sir Radzinowicz, Leon and Hood, Roger, “Incapacitating the Habitual Criminal: The English Experience,” Michigan Law Review 78 (1980): 1347.CrossRefGoogle Scholar

154 Bruce, Speech to the House of Commons, 4 August 1869, Parliamentary Debates, Commons, 3rd ser., vol. 198 (1869), cols. 1258–59. For the stigmatizing effect of the 1869 legislation, see Melling, Michael W., “Cleaning House in a Suddenly Closed Society: The Genesis, Brief Life, and Untimely Death of the Habitual Criminals Act, 1869,” Osgoode Hall Law Journal 21 (1983): 315–62.Google Scholar

155 Quotation from V. A. C. Gatrell, “The Decline of Theft and Violence in Victorian and Edwardian England,” in Gatrell, Lenman, and Parker, Crime and the Law, 272–73. For the “English miracle” of lower rates of serious crime, ca. 1850 to 1914, see esp. Radzinowicz and Hood, History of English Criminal Law, 5: chap. 5. Government officials were publicly commenting on this trend as early as 1861. See House of Commons, “Report from the Select Committee on Transportation,” Sessional Papers, 1861, 28 May 1861, vol. 13, pp. 12 (Jebb); 31 (Elliot), 115 (Waddington); Merivale, Herman, Letters on Colonization and Colonies (2nd ed., London, 1861; repr. New York, 1967), 369–70Google Scholar. For Bruce and Chesterton, see House of Commons, Sessional Papers, 1850, “Report from the Select Committee on Prison Discipline,” 29 July 1850, vol. 17, pp. 327–28. For the “criminal class,” see, e.g., Radzinowicz and Hood, “Incapacitating the Criminal,” 1309. See also Philips, David, Crime and Authority in Victorian England: The Black Country, 1835–1860 (London, 1977), 283–89Google Scholar; Mayhew and Binny, Criminal Prisons, 88–91, 107; Carpenter, Our Convicts, 1:14; [Martineau, Harriet], “Life in the Criminal Class,” Edinburgh Review 122 (Oct 1865): 337–71Google Scholar; Symons, Jelinger, Tactics for the Times (London, 1849)Google Scholar, 1.

156 Wiener, Reconstructing the Criminal, esp. 151–56, quotation from 151.

157 Harling, Philip, The Modern British State: An Historical Introduction (Oxford, 2001), 8899.Google Scholar

158 [Greg, W. R.], “Convicts and Transportation,” North Britain Review 38 (February 1863): 2.Google Scholar

159 Mayhew and Binny, Criminal Prisons, 80.

160 Some commentators were even reaching the conclusion that “incorrigible” recidivists might be fit subjects for preventive detention for life. See, e.g., [Martineau], “Life in the Criminal Class,” 369–70.

161 In addition to the works focusing on the British Caribbean in footnote 121 above, see Price, Richard, Making Empire: Colonial Encounters and the Creation of Imperial Rule in Nineteenth-Century Africa (Cambridge, 2007)Google Scholar, esp. chaps. 6–7, 10; Hyam, Ronald, Britain's Imperial Century, 1815–1914: A Study of Empire and Expansion (3rd ed., Basingstoke, 2002)CrossRefGoogle Scholar, chap. 2; Elbourne, Blood Ground, esp. 345–80; Lester, Imperial Networks, chap. 6; Bank, Andrew: “Losing Faith in the Civilizing Mission: The Premature Decline of Humanitarian Liberalism at the Cape, 1840–60,” in Empire and Others: British Encounters with Indigenous Peoples, 1600–1850, ed. Daunton, Martin and Halpern, Rick (Philadelphia, 1999), 364–83Google Scholar; Metcalf, Thomas R., Ideologies of the Raj (Cambridge, 1997)Google Scholar, esp. chaps. 2–3; Chakravarty, Gautam, The Indian Mutiny and the British Imagination (Cambridge, 2005)CrossRefGoogle Scholar; Sharpe, Jenny, Allegories of Empire: The Figure of Woman in the Colonial Text (Minneapolis, 1993), chaps. 3–4.Google Scholar

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