members of fociety; and, above all, from the pleafing hope that fuch a plan might be the means of promoting the falvation of some individuals; of which every inftance is, according to the unerring word of truth, a more important object, than the gaining of the whole world.

The penitentiary houses I would have built, in a great meafure, by the convicts. I will fuppofe that a power is obtained from parHament to employ fuch of them as are now at work on the Thames, er fome of those who are in the county gaols, under fentence of tranfportation, as may be thought most expedient. In the first. place, let the furrounding wall, intended for full fecurity against efcapes, be completed, and proper lodges for the gate-keepers. Let temporary buildings, of the nature of barracks, be erected in fome part of this enclosure which will be wanted the least, till the whole is finished. Let one or two hundred men, with their proper keepers, and under the directions of the builder, be employed in levelling the ground, digging out the foundation, ferving the mafons, fawing the timber and tone; and as I have found feveral convicts who were carpenters, mafons, and smiths, thefe may be employed in their own branches of trade; fince fuch work is as neceffary and proper as any other in which they can be engaged. Let the people thus employed chiefly confift of those whofe term is nearly expired, or who are committed for a fhort term; and as the ground is fuitably prepared for the builders, the garden made, the wells dug, and the building finished, let those who are to be difmiffed go off gradually; as it would be very improper to fend them back to the hulks or gaois again. By this method, they may be kept most usefully employed; and at the fame time, by regular labour, fome degree of feparation, and proper conduct of their overfeers to them, they may perhaps be a little reformed; for, except their keepers, and the directors of the works, they will be no more intermixed with other people than where they are now, at Woolwich, Portsmouth, or Gofport. I have not confidered this fcheme fuperficially, though I can bear being told it is abfurd. Many have been reclaimed and made ufeful members of fociety, in foreign houfes of correction, and have thanked God for their confinement in them: thefe houses are called in Holland Verbeter buizen, that is, bettering houses; and the settled object in all fuch houses fhould be, to make men better; at leaft, more useful fubjects. Their earnings conftitute, in my opinion, but a fecondary confideration; for furely it is impoffible to place any degree of profit in competition with the profpect of meliorating the minds of our fellow creatures.

• The object I am fenfible is great, but it is ufeful. If I fhould not be able to accomplish this good work, I would ftill endeavour to bring materials, and lay the foundation; that others, of more skill, may afterwards undertake the benevolent task, and carry to perfection a plan worthy of the great Sir William Blackstone, with whom I had the honour of much converfation on this fubject; a man of fuch vaft extent of capacity, as to have comprehended, in one enlarged view, the whole fabric of our laws; who was able to reduce them to a

regular

regular fyftem; and who further poffeffed, what is rarely united to great abilities, conftancy to execute his immortal work.

This great and good man Dr. Fothergill faw juft before he died, to whom he then turned, and asked what progrefs we had made in the penitentiary houfes.' The doctor answered, that we had paid all poffible attention to the fentiments of others refpecting a fituation; that we muft foon be obliged to requeft the opinion of our judges concerning it; and, till this was obtained, we could not proceed much farther. BE FIRM IN YOUR OWN, was all that he was able to say, as he foon after departed to a better life.'

We shall now reft fatisfied with having laid before our readers fome of the faireft parts of this excellent man's performance. After the confideration of the penitentiary houses, he fubjoins fome remarks upon the goal fever, and a fenfible, manly, and affecting conclufion, in which is this dignified passage :

I am

To my country I commit the refult of my paft labours. It is my intention again to quit it for the purpofe of revifiting Ruffia, Turkey, and fome other countries, and extending my tour in the East. not infenfible of the dangers that must attend fuch a journey. Trufting, however, in the protection of that kind Providence which has hitherto preserved me, I calmly and cheerfully commit myself to the difpofal of unerring wifdom. Should it please God to cut off my life in the profecution of this defign, let not my conduct be uncandidly imputed to rashness or enthusiasm, but to a ferious, deliberate conviction that I am pursuing the path of duty, and to a fincere defire of being made an inftrument of more extenfive usefulness to my fellow-creatures than could be expected in the narrower circle of a retired life.'

The rest of the volume confifts of tables afcertaining the number of criminals in particular circuits, and within particular periods; their different fentences and their different crimes; and other mifcellaneous, minute, and elaborate details, fucceeded by a copious index. The plates, containing views and plans illuftrative of the work, are twenty-two in number, and are executed in a manner worthy of fo complete and noble a work. At the end of all is placed Sir Stephen Theodore Janffen's table of convicts, &c. the title of which runs thus on the plate: This fheet contains three tables, from 1749 to 1771 both inclufive, ' being twenty-three years; ift. Shewing the number of feffions at the Old Bailey, and the days continuance of each, during every mayoralty, with the number of perfons fentenced to die, and for what crimes; 2d. The number of persons executed 'from each feffions, and for what crimes; 3d. The numbers • from each feffions, either pardoned, transported, or died in Newgate, with the refpective crime of each.' We

We intended to have continued our obfervations and extracts no further; but if the reader is inspired with a veneration equal to what we feel for this great character, he cannot be displeased with having the fentiments of Mr. Howard respecting several important queftions laid before him under one point of view.

On the fubject of oaths, p. 74, he fays I could wifh, from the cleareft principles of reafon and found policy, that the use of oaths were, almoft in all cafes, entirely abolished; and that the affirmation of the fact should be fufficient; and ⚫ that he who afferted or affirmed a falfity should be punished and disgraced as a perjurer.'

In p. 169 there is this fenfible note refpecting folitary con→ finement:

I wish all prifoners to have feparate rooms; for hours of thoughtfulness and reflection are neceffary. The gentlemen of this county, by their building this houfe of correction, and in various other inftances, have fhewn themselves fo attentive and zealous in whatever may contribute to the real interefts of their fellow-creatures, that I am glad to take this occafion of making fome remarks on folitary confinement. The intention of this, I mean by day as well as by night, is either to reclaim the most atrocious and daring criminals; to punish the refractory for crimes committed in prifon; or to make a ftrong impreffion, in a fhort time, upon thoughtless and irregular young perfons, as faulty apprentices, and the like. It should therefore be confidered by those who are ready to commit, for a long term, petty offenders to abfolute folitude, that such a state is more than human nature can bear, without the hazard of distraction or defpair; that it is repugnant to the act which orders all perfons in houfes of correction to work; and that for want of fome employment in the day (as in feveral houses of correction) health is injured, and a habit of idleness or inability to labour in future, is in danger of being acquired. The beneficial effects on the mind, of fuch a punishment, are speedy, proceeding from the horror of a vicious perfon left entirely to his own reflections. This may wear off by long con, tinuance, and a fullen infenfibility may fucceed.'

With regard to Sunday fchools, Mr. Howard thus expreffes himfelf: On catechifing and plain, ferious, familiar discourse, on the great practical principles and duties of religion, the beneficial effects of Sunday fchools will, in a great degree, • depend.'

His opinion refpecting the utility of workhoufes may be collected from this note:

Before I conclude this fubject of workhoufes, I must add, that I by no means approve of the idea of parishes giving no relief to perfons out of their workhouses; for, even the best establishments of this kind have fomething in them repugnant to the feelings of an Englishan. An ingenious writer has propofed parish workshops (fimilar

to

to what I have mentioned at Vienna): and was not Mr. Henry Fielding's propofal of the fame nature? that poor people might relieve themselves; and by repairing to them in the day-time, and receiving what they earned, they would be enabled to return to the comforts of their own fire fide, and be at liberty to engage in any other occupation that might offer.'-' For the original inftitution of the poor laws is, in Judge Blackstone's words, to relieve the impotent poor, and them only; and to find employment for fuch as are able to work; a plan more humane and beneficial than even feeding and clothing of millions, by affording them the means (with proper industry) to feed and clothe themselves.'

• If all parishes were to procure the means of labour, both for men and women, I am perfuaded it would keep many out of those places of confinement, parifh workhoufes; and as for fuch perfons as have nothing but their labour by which to fupport themselves, they should be compelled to work, in well-regulated houses of correction, unless in cafes of fickness, age, and incapacity.'

A just remark upon the political inconvenience of transportations occurs in another place:

As I have formerly published, in a table, the number of criminals delivered from Newgate to be tranfported, in the years 1773, 1774, 1775, I fhall here take the liberty of copying, at the end of this work, from the appendix to the draught of a bill for erecting penitentiary houses, the lifts in the Houfe of Commons, of all perfons who, between the first day of November 1769 and the first day of November 1776, had, within any jurifdiction of England and Wales, been ordered for tranfportation, in confequence of conditional pardons or otherwife; which lifts were returned to the house purfuant to a motion for that purpofe of the 8th of November 1776.' Upon thefe lifts the following obfervation is added: The annual average of perfons fentenced to tranfportation during the feven years above fpecified, appears to have been nine hundred and fixty; and this number is lefs by near one half than would probably be found in fimilar lifts for the feven years preceding; for the judges had already feen strong objections to tranfportation, and had difcouraged the ute of it, as far as was compatible with the public convenience and fafety." I perfectly concur in opinion with a great and learned writer, whom I have already quoted, that every effect of banishment, as practifed in England, is often beneficial to the criminal, and always injurious to the community.'

The perfons mentioned in this book with particular honour are, the Emperor of Germany, the Grand Duke of Tuscany, Sir William Blackstone, Dr. Fothergill, Dr. Price, the treasurer. of Guy's hofpital, and Mr. Blackftone the architect.

We feel a compunction in prefenting to our readers a note which contains a charge of the blackest enormity against an individual, whofe name is given at length, in order to be made a more confpicuous mark for public deteftation. The circumftances

ftances of the cafe, however, are fo fingular, that we can but entertain fome little hopes that Mr. Howard has been mifin formed. If it be only a ftory founded in calumny, what mifchief it was capable of doing is already done; and the broader the light in which it is held forth, the fairer the opportunity will be of expofing its corruption and cruelty. Upon this principle we will extract the account:

• Here was a prifoner, lately the widow of an old gentleman, who left her an eftate of 300l. per annum, and about 7000l. in mortgages. She was afterwards married in Scotland to a Mr. Milbourne of this city, who foon spent 4000l. but, upon fome difagreement, she refufed to give up the mortgages of the other 3000l. By an attachment from the Court of Chancery, her husband fent her to the common gaol, which confinement prevented her compliance with an order for appearance at that court in fifteen days of St. Hilary's term next enfuing. At first fhe was on the mafter's fide; but the late gaoler, after cruelly feizing her clothes, &c. for chamber-rent, turned her to the common fide. Her room (nine feet and an half by eight and an half) has no fire-place. She not having the county allowance, fupports herself by fpinning and knitting, and the occa fional kindness of her late husband's relations, while her present husband is living and rioting on her eftate.

By a letter dated the 14th of October 1788, from a refpectable gentleman at Carlisle, I am informed that Mrs. Milbourne is ftill in the gaol; and that for above two years Mr. Milbourne did not give her one farthing, her fubfiftence being wholly on occafional charities, and the small earnings of fpinning, at which employment she could not get more than 4d. but now, by practice and extremely close application (when health permits) can earn iod. a week. In March Taft her husband fent her twenty fhillings, and in October 1788 (twenty-feven weeks after) the fame fum. The juftices last quarter feffions commiferating her hardships, have allowed her the county bounty; the firft fhilling of which this modest poor woman received the 11th of October, 1788.'

ART. V. Philofophical Tranfactions of the Royal Society of London, Vol. LXXV. For the Year 1785. Part I. 8s. 6d. fewed. Davis. London, 1785.

THE

4to.

HE volume of the Philofophical Tranfactions now before us contains fome ingenious papers, among which is one by Mr. Herschel, who has, of late years, contributed so largely to the value of this annual work.

Article I. An Account of an Artificial Spring of Water. By Erasmus Darwin, M. D. F. R. S. Dr. Darwin, finding that the water in his well was impure, though in the neighbourhood, on higher ground, it was remarkably good, very judi

ciously