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those convicted in New South Wales or Van Diemen's Land as Captain Maconochie, from his knowledge of their characters and conduct, may deem entitled by such a transfer, to be relieved from the severer discipline which will hereafter be introduced in Norfolk Island. When arrived at Van Diemen's Land, the present convict population of Norfolk Island should either be sent to Port Arthur, or placed in such one of the classes of convicts at Van Diemen's Land as may be most appropriate to the case of each person. A proper military force will be stationed at Norfolk Island, and the convicts there will be employed under the direction of an officer of the Ordnance, in any necessary repair or enlargement of the barracks for the reception of that force. They will also be employed in pre: paring the necessary lodging for the reception of the total number of convicts whom it is intended to place on the island. Agricultural labor for their own subsistence will, of course, be an occupation which must be deemed of primary importance. Norfolk Island must be regarded exclusively as a place of confinement. No person must be permitted to dwell there except the convicts, the persons employed in the superintendence of them, the families of those persons, and the military. The commandant must be armed with summary power to remove all persons who are not either convicts undergoing their sentence, or military in charge over them, reporting of course, to the Governor of Van Diemen's Land for his sanction, every such proceeding. These powers must be imparted to the commandant by law, and for that purpose an enactment must be proposed to the Legislative Council of Van Diemen’s o I anticipate that the total number of convicts who will be annually sent from this country to Norfolk Island will not exceed 1000, and that the total number of such con: victs who will be ever resident there at any one time wi not much exceed 3000. Some addition may be made by convicts sent to Norfolk Island from New South Wales or Van Diemen's Land. The number will not probably be large. But although any such Australian convicts may be detained at Norfolk Island until they shall have become entitled to the probation pass, hereafter described, they must, on becoming so entitled, be removed to undergo the subsequent stages of punishment, the Van Diemen’s Land convicts in New South Wales, and the New South Wales convicts in Van Diemen’s Land. The second stage of punishment is that of the probation gangs. These gangs will be assembled in Van Diemen's Land. They will be composed first of convicts who have passed through the period of detention at Norfolk Island, and secondly of convicts sentenced to transo for a less term than life, who may be indicated y the Secretary of State for the Home Department as proper to be placed in this class. The probation gangs will be employed in the service of the Government, and, with rare exceptions, in the unsettled districts of the colony. No convict placed in the probation gang will ass less than one, or more than two years there, except in case of misconduct. Here, as in the case already mentioned, a cotemporary record should be preserved of the good or the bad conduct of the convict. Of good conduct the reward would be earned in the ulterior stages of his punishment. His bad conduct would be followed by the penalty of detention for a proportionate period in the probation gang. The probation gangs will be employed in hard labor. But the labor of all should not be equally hard. Every gang should be broken into two or three divisions, distinguished from each other by such mitigations of toil or other petty indulgences as may be compatible with the condition of criminals suffering the punishment of their offences. By transference of the men from one of these divisions to the other, an effective system of rewards and penalties might be established, of which the enjoyment or the terror would be immediate. This system appears to be already in operation in Van Diemen's Land, and the regulations generally, in which, of course, modifications may from time to time be made by the local authorities, seem well adapted to their object. An officer hereafter to be more particularly mentioned, who would have the title of Comptroller of Convicts, will have the general superintendence of the probation gangs, and at his suggestion alone will relaxations or indulgences be granted to any member of them. My present estimate is, that provision ought to be made for placing the probation gangs in Van Diemen’s Land on a footing which will admit of the maintenance and employment of a number of convicts at one time, amounting to 8,000. This large number of prisoners may be divided as at present, into gangs of from 250 to 300 men each. They must be hutted, or quartered in situations where they can undertake and execute in concert, works of public utility. With a view to co-operation in such works and in order that they may live under one common superintendence and control, their settlements must be in the vicinity of each other; while, on the other hand, that vicinity must not be so close as to admit of easy communication between different gangs, or any concert between them to resist the authority under which they are placed In subordination to the comptroller there will be emFo for the superintendence of the probation gangs, rst, religious teachers, being clergymen of the Established Church or Wesleyan methodists, or Roman-catholic priests. Every such teacher will be liable to immediate suspension from office by the comptroller, subject to the Governor's ultimate decision. There will also be attached to each probation gang an overseer, with such subordinate officers as may be necessary for giving effect to his authority. But until the comptroller himself shall have been appointed, I shall abstain from entering upon any detailed statement of the extent of this establishment. . It will be the duty of the comptroller to establish all necessary rules for the employment of the probation gang. All such rules must be laid before the Governor, who will be authorized either to disallow them altogether, or to suspend the execution of them provisionally. Weekly returns will be made by every overseer and by the religious teacher to the comptroller, in which report a statement is to be comprised of the good or bad conduct of every member of each of the probation gangs. From such reports will be compiled periodically some account of the character of each man, reduced to some scale of numerical notation, from which may at any time be drawn an estimate of the claims of each on the indulgence of the Crown, or of the just liability of each to an enchanced rigor of punishment. After a convict shall have passed through the probation gang, he will next proceed to the third stage of punishment, and become the holder of a probation pass. But no convict may enter on this stage except on two conditions. Of these, the first is the obtaining from the comptroller of convicts a certificate of general good conduct, to be drawn from the records already mentioned; and secondly, the having fully served in the probation gang during the whole of the period for which the convict had been placed there. The essential distinction between the third stage and those which preceded it will be that the holder of a probation pass may, with the consent of the Government, engage in any private service for wages, such wages to be paid and accounted for as subsequently mentioned. The contract for private service is to be void unless made with the Governor's sanction, either previous or subsequent, and is, by the terms of it, to be terminable at the Governor's pleasure. The holders of probation passes are to be divided into three classes. The difference between the members of the three classes will consist in the different rules under which they will be placed regarding their hiring and wages. Those who may be in the first or lowest class must obtain the previous consent of the Governor to any contract of service. Those who are in the second or third classes may engage in any service without such previous sanction, provided that the engagement be immediately reported to the Governor for his subsequent sanction. Again the members of the first class will receive from their employers one-half only of their wages; the members of the second class two-thirds only of their wages; but the members of the third class the whole of what they may so earn. The wages kept back from the members of first and second classes must be paid by the employer into the savings bank. For the expenditure of the wages actually paid to him, the holder of the probation pass, of whatever class, must account when required by the comptroller of convicts, or by any person acting under his authority. The holders of probation passes are to be arranged in the three classes already mentioned by the Governor, at his discretion. He will have regard to length of service, to good or bad conduct, and to every other circumstance which should influence his decision; and he may, if he shall see cause, degrade the holder of such a pass from a higher to a lower class. In case of gross misconduct, the Governor may resume the probation pass, and send back the convict to serve in the probation gang. But whenever he shall have recourse to any such exercise of authority, it will be his duty to make a special report to the Secretary of State for his information, and for his sanction of the proceedings. The proportion of the wages earned by the holder of a o pass, and paid by the employer into the savings ank, is there to be detained until the convict shall have been transferred into the class of holders of tickets of leave, when, and not before, it is to be paid over to the convict. But in the event of a convict forfeiting his probation pass by misconduct, the whole amount of the deposit is to be forfeited to the queen. It will in each such case remain to be determined how far any part of the forfeiture may be subsequently remitted in favor of the convict himself in case of amendment, or in favor of his family if the convict should die before any remission of the forfeiture. If the holder of a probation pass should be unable to obtain employment in any private service, he must return to the service of the government, to be employed without wages, receiving merely the ordinary rations of food and clothing. Such persons will not be worked in company with convicts in the probation gangs, nor will they be continued in the service of the government after they can obtain an eligible private service. Holders of probation passes thus lapsing into the service of the government, must not be so employed, except in one or the other of the two following modes; that is, either, first, in the making and repair of roads, or secondly, as members of jobbing parties hired out by the govern

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