Abstract
Although Tocqueville and Beaumont acknowledge the political advantage of penal colonies in deporting prisoners far from society, because it is appealing to the masses, they argue that the execution of penal colonies is problematic in execution and maintenance. It would be proportionally unjust for prisoners if used widely across many classifications of offenders. Penal colonies do not effect either reformation or fear of punishment as do penitentiaries. It is difficult to establish penal colonies due to climate and soil specifications, geographical distance from the mother-country, the dangers of native tribes, and the cost of preventing revolts from a population of criminals. Finally, France faces unique difficulties in founding a penal colony because it lacks adequate maritime resources and cannot risk war with England.
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Notes
- 1.
*The conseils généraux are part of the governance of the different departments throughout France, created around 1800 as a deliberative or legislative body which worked alongside the prefect and council of prefecture, both executive branches of each department. The conseils généraux thus function as part of the intermediary governmental institution between local (city, town, village) governments and the national government , but represent the interests of the national government rather than local interests.
- 2.
*The French reads: “en moralisant.”
- 3.
From the report of Mr. Bigge it is seen that, each year, there arrives at New South Wales a certain number of convicts who have already been deported there a first time.
- 4.
See Histoire des Colonies Pénales, by Mr. Ernest de Blosseville . In all that follows, we have often had recourse to the book by Mr. de Blosseville. This work, whose author appears moreover favorable to the system of deportation, abounds in interesting facts and curious researches. It forms the most complete document that has been published in our language on the British establishments of Australia.
- 5.
During the first years of the colony, the very general belief was widespread among the prisoners that New Holland touches the Asian continent. Several convicts tried to escape on that side. Most of them died in poverty in the woods, or were obliged to retrace their footsteps. It was very difficult to convince these unfortunate persons that they were in error.
- 6.
*Important sentence for Tocqueville’s and Beaumont’s understanding of the progress of human nature and race. Note that the elements that drive progress are either heaven (divine providence) or human effort.
- 7.
During the years 1828 and 1829, each prisoner sent to Australia cost the State for transport approximately 26 pounds sterling (655 fr.). Legislative Document sent by the British parliament, vol. 23, pag. 25.
- 8.
The pound sterling is worth 25 fr. 20 c., the shilling 1 fr. 24 c.
- 9.
Inquiries made by order of the British parliament in 1812 and 1819. These inquiries are found in a number of legislative documents brought by the British parliament, volume entitled: Committees Reports, tom. 90 and 91. Report made by Mr. Biggs of the commission charged to examine the budget of the colonies, 1830, same collection.
- 10.
In 1828, out of 15,668 convicts, 1,918 were employed by the government. Legislative Documents brought by the British parliament, vol. 23.
- 11.
See the note placed at the end of the alphabetical notes. *Translator is not sure what note is referred to here.
- 12.
Each prisoner in the hulks, a kind of floating bagnes established in several ports of Great Britain, costs annually, deduction made for the price of his labor, only 6 pounds sterling (about 165 fr.). It is true to say that, by another note, the maintenance of each individual detainee in the penitentiary of Milbank returns annually to about 35 sterling pounds, or 882 fr. See Inquiry made by order of the British parliament in 1832.
- 13.
*The French is: “les fixer sans retour par des liens moraux et durables;” a literal translation would be: “fix them without return by moral and durable links.”
- 14.
*In the French, la métropole designates a particular city or nation considered in relation to colonies which it has founded, on whom those colonies depend. See the definition provided in TLFi. The word is consistently translated “mother country” in the text.
- 15.
*The text in parentheses is in English in the original French edition.
- 16.
In 1832, the British parliament appointed a commission to examine what was the best way to render efficacious the application of punishments other than the death penalty. The commission made its report on 22 June 1832. From this precious document, we draw the following extracts; we ought to say, however, that the commission was not unanimous, and that its conclusions express only the majority opinions. This is at least what a very distinguished member of the British parliament who was part of the commission assured us.
“According to some testimonies received by it, the commission has reason to believe that there often exists in the minds of some individuals belonging to the lower classes of the people, the idea that it is very advantageous to be deported to Botany-Bay. It is thought that some examples of crimes have been committed with the sole view of being sent to Australia . It seems, therefore, necessary to inflict on the convicts a real punishment either before their departure from England, or immediately after their arrival in Australia and before placing them as domestics among farmers.” Page 12.
“The commission thinks that the punishment of deportation to Australia , reduced to itself, does not suffice to divert from crime; and as no means has been indicated so far to make individuals once deported undergo the punishment called for by society, without considerably augmenting the charges to the public treasury, consequently it is necessary to inflict this punishment before their departure to New South Wales.” Page 14.
“The punishment of deportation, such as it is put into practice in England, and if inflicted alone, appears to the commission an insufficient punishment. But it could become useful, combined with other punishments.” Page 16.
“It results from the declaration of witnesses, that the impression produced on minds by deportation depends essentially on the situation of the convicts. Laborers who have a family fear to the last point of being sent to the penal colony, while for the unmarried men, the workers who are sure to obtain very elevated wages in Australia, and in general for all those who feel the need to change their position and conceive the vague desire to ameliorate it, to accomplish the latter, deportation is not at all formidable. All reports that are sent from New South Wales and the earth of Van Diemen, the commission have proof, are in fact very favorable. They represent the situation of the convicts in Australia as very happy, and the chances of fortune that are opened to them very certain, if they conduct themselves with prudence. It is natural, therefore, that deportation would be considered by many individuals rather as an advantage than as a punishment.” Page 17.
“It is not surprising that in a region with a superabundant population, where a crowd of men suffer great privations, and consequently where great attraction to crime exists, those whose education has been abandoned, and who are left exposed to needs, yield without pain to the temptation of bad conduct. On the one hand, they rely on the incertitude of legislation and on the probability of acquittal that it presents; if this chance of salvation were to fail them, they know that the worst that can happen to them is to experience a change of condition that renders them scarcely worse than they already were.” Page 30.
“The rapid and progressive increase of criminals in this region (England and the Gallic regions) has for some time excited the alarms and foiled all efforts of philanthropists and statesmen. In vain has it been attempted to stop this increase, either by amending our penal laws, or by establishing more efficacious police . All these means could neither retard the progress of evil nor diminish the frightful catalogue that the monument of jurisprudence offers each year. Without recurring to distant periods, it can be shown by the official documents furnished to the commission that the number of persons accused, jailed, and sentenced for crimes and offenses in England and in the Gallic regions constantly increases.
Number of individuals indicted or jailed.
From 1810 to 1817 — 56,308.
1817 to 1824 — 92,848.
1814 to 1831 — 121,518.
Number of convicted individuals.
From 1810 to 1817 — 35,259.
1817 to 1824 — 62,412.
1824 to 1831 — 85,257”
(Report of the select committee appointed to inquire into the best mode of giving efficacy to secondary punishments and to report their observations to the House of Commons 22 June 1832).
- 17.
In 1816 (27 February), the governor of New South Wales established a new prison independent of what already existed at Sidney. Several establishments had already been created in various parts of the colonial territory, to hold the most indocile of the deported. See the documents printed by order of the Chamber of commons of the English, and among others the ordinance of Governor Darling, in 1826, and the Regulations on Penal Settlements printed in 1832.
- 18.
Inquiry of 1812 and 1819. Report of Mr. Bigge. Report of the commission on the budget in 1830. See legislative documents sent by the British parliament.
- 19.
We have confirmed this fact by a dignified person of the law, who has lived for more than two years in New South Wales.
- 20.
*The cour d’assises was created in the wake of the French Revolution in 1810; it was a departmental court that included the innovation of a jury composed of citizens who could decide upon the guilt of the indicted, but not the punishment. See: Perrot 2008.
- 21.
*It is interesting that Tocqueville and Beaumont suggest that the formation of society occurs from a different source or at a different time from the initial legal establishment of a community.
- 22.
Vessels under 500 tons are hardly employed.
References
1968. British Parliamentary Papers: Australia 1800–1900, Vol. 1. Portland, OR: Irish University Press.
Blosseville, Ernest de. 1831. Histoire des Colonies Pénales de l’Angleterre dans l’Australie. Paris: Adrien le Clere.
Governor of New South Wales. 1832. Instructions Issued by the Governor of New South Wales for the Regulation of the Penal Settlements. London: House of Commons.
Perrot, Roger. 2017. Institutions Judiciaires, 16th ed. Paris: LGDJ.
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© 2018 © Translation by Emily Katherine Ferkaluk
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de Beaumont, G., de Tocqueville, A. (2018). Appendix: On Penal Colonies. In: On the Penitentiary System in the United States and its Application to France. Recovering Political Philosophy. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-70799-0_9
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