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Evidence.] relating to PENITENTIARY HOUSES. J. Bentham, Esq.
many as the spot will hold; fixed or changing, selected or casual; of inspection is
just what I want: my reputation rises out of it.
Supposing such Inspector should report that articles have been sold too dear, what
mode of proceedings should be adopted to settle that question? —With submission to
those who devise the check, it seems rather for them to propose the mode. In my
eyes, checks of this sort do not possess that importance which they appear to do in
others. As to the right in question, in my own particular and for my own life, I would
give it up, if gentlemen chose to insist upon such surrender, as thinking it of use.
But make it the case of any person not connected with me, considering the other
checks that are provided, I should give as my opinion that which is not, if I were
to say it would be of use.
By whom is any dispute that may arise between you and the Inspector to be
determined?— In my view of the matter, to propose any such arbiter belongs rather to
Government than me.
Can you state any effectual check that would arise from the appointment of this
Inspector against the evil supposed, of articles being sold at an extravagant price?—
I have already stated, that in my eyes it is no evil; but if it were worth while, I
think checks sufficient and effectual might be devised. These checks would indeed
be attended with expense, which expense would, in my view of the matter, be
thrown away: yet still they would be checks. An Inspector might be bribed, or he
might refuse to be bribed. What I proposed was, that at any rate the Inspectors
should be changed.
By the 8th article of the contract, the convicts are to be each supplied with a bed
and bedding of sufficient warmth, and all possible attention is to be paid to the
cleanliness of such convicts and prisoners in every respect, as far as circumstances will
permit; and by the 9th, the Penitentiary House is to be sufficiently warmed, and
every proper precaution taken to prevent the same from becoming infectious and
unwholesome, and to preserve the convicts and prisoners confined therein in good
health; who is to be the judge, under this contract, of the sufficiency of the bedding
allowed, of the sufficiency of the mode of warming the building, and of the arrangements
to be made under these articles for preserving the cleanliness and health of the
prisoners?— The judge of all these things must be, I think, he whom Government
please; be he who he may, it is easier for him to see in my instance whether they
have all these things than in any other establishment.
Is there any person mentioned in the contract to inspect the due performance of
these articles ?—I do not know that there is; but it rests with Government to appoint
any such perform, and I have no objection to it.
Do you mean that you would be bound by the opinion of such person, in case you
should disagree with him? No; it is rather too much to be bound by the opinion
of a person I know nothing of.
What security then can offer for the certainty of the due performance of these articles?—
For the performance of all contracts there are securities which, in general,
are looked upon as sufficient securities. Here (I mean in my establishment) is evidence,
such as you cannot find in any other; and there are Courts of Justice to receive
it. If in respect of promptitude, the practice of these Judicatories is not sufficiently
adapted to this purpose, it is for the proper authority to say so, and devise some other
Judicature that shall be more prompt.
In what way is any failure in the performance of this article to come before a Court
of Justice?—It comes regularly before a Court of Justice at the time of my making
my periodical Report. If the Court of Justice have sufficient powers already to act in
consequence, then it is well; if they have not, then give them such sufficient powers.
What is to point the attention of a Court of Justice, when these Reports are made,
to any instance that may occurred of deficiency during the preceding quarter?—
The suggestion of Inspectors; viz. either of Inspectors appointed for that purpose,
or of such informers as may present themselves, it being the principle of my plan
to invite such informers; and, for sources of evidence, my books will have every
publicity that Government may choose to give them.
Is then the Panopticon to be open at all times to the inspection of the public?—
It will not be open to all persons at every hour of the twenty four.
Are the public to be allowed to go within the cells?—Certainly not; but any
masters of trades that may have occasion to deal with them, or to whom it might be
necessary to go to them, for the purpose of instructing them. In each case it would
be for me to consider—wheter, in the instance of the persons in question, communication,
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Identifier: | JB/115/158/079 "JB/" can not be assigned to a declared number type with value 115.
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1811-05-31 |
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115 |
panopticon |
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158 |
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079 |
reports from the committee on the laws relating to penitentiary houses / 199 & 217 |
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printed material |
135 |
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recto |
[[page_numbering::[1-2], 3-131]] |
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[[notes_public::"jeremy bentham / 20 feby 1824" [note in bentham's hand]]] |
37533 |
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