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6. Picton.—[Cawte.] 7. Kapiti. —[Featiiekston.] 8. Resolution Island, Milford Sound. 1 rTT n 9. Stewart's Island. h Lector, j 10. D'Urville's Island. 11. Great Barrier Island. J 12. Oamaru. Other witnesses have recommended "aharbour of refuge in the Middle Island" [Bowen] ; " the Scat of Government" [Shebman] ; " an island in a harbour (such as Wellington, Lyttelton, Otago, Auckland) " [Donald] : and quarrying works and works for defence of harbours have also been indicated generally. The two places which appear to us most worthy of future examination are Taranaki and Resolution Island ; and we would particiilarly desire to call attention to the valuable report of Dr. Hector, E.R.S., which goes into the general question of the profitable adaptation of unskilled labour to quarrying work, and the suitableness of particular sites for the application of such labour by convicts. All which we respectfully submit to your Excellency. Given under our hands and seals, at Nelson, this sixth clay of July, a.d. 1868. (ii.s.) Alexander J. Johnston, "\ (1.5.) C. W. Richmond, I „ . . (1.5.) Oh. E. Haughton, C Commissioners. (1.5.) J. O'Neill, J

Two most impoil' taut.

No. 3. MEMORANDUM RESPECTING THE ROYAL COMMISSION FOR INQUIRING INTO THE REGULATION OP PRISONS IN NEW ZEALAND, AGREED TO BY THE COMMISSIONERS AS THE BASIS OP THEIR INQUIRY. Objects of Commission". The Preamble states the purpose of the Commission to be, " for inquiring into the more effective provision for the regulation of prisons, and for the custody of persons convicted of serious crimes and sentenced to long periods of imprisonment;" but the objects of the Commission are more fully expressed in the body of the document in the following terms : — I. —1. " The Commissioners are to inquire into the laws and regulations now in force relative to prisons and gaols in the Colony ;" 2. " And into the treatment and management of prisoners ;" 3. " And into the condition and state of such prisons and gaols ;" 4>. " And into the more effective provision for their regulation ; and for the custody and treatment of prisoners ;" 5. " Especially those convicted of serious crimes and sentenced to long terms of imprisonment." • And they arc to Report : — 11.-—l. " Whether any, and, if any, what alteration is desirable ;" 2. " And whether it would be desirable that a General Penal Establishment should be instituted for the Colony;" 3. " And if so, on the best mode of instituting such Establishment." It would therefore appear that the- great objects of the inquiry and report are to bo —First, the actual condition and efficiency of the existing prisons of the Colony, and the regulations, especially with respect to persons convicted of serious offences ; and, secondly, the best mode of remedying the defects which may be discovered to exist in their condition, system, and discipline, and the propriety of instituting a general Penal Establishment, and the best means of doing so. Introduction. Before proceeding to the task of making inquiry under the first branch of the Commission, it would seem desirable that the Commissioners should agree upon certain general principles, proper to be kept in view throughout the course of their labours, and calculated to direct them to the most important and useful details respecting which it will be desirable for them to procure specific information. Of these principles, some refer to the general objects of penal systems considered in the abstract, while others mainly depend on the results of experience, either ordinary or casual, or consequent upon prodetermined experiment. Objects of Punishment generally. It seems of the highest importance that the persons conducting an inquiry of this kind should entertain distinct and definite opinions respecting the proper objects of systems of penal law in civilized states, and should rightly distinguish what is essential from what is of secondary consideration. Although the right of the State to inflict punishments on its subjects for breaches of the laws made for the protection of the common welfare of the whole body of the people, is traced by political philosophers to the natural right of self-defence, few philosophers or jurisprudents of the present day would think of treating such punishments as being in their nature or principle, vindictive or retributive; or would justify them on the ground of retaliation or compensation; or would think of them as being analogous to the punishment of moral guilt by the Divine Ruler of the Universe. By most modern thinkers and writers, the justification and necessity for penal institutions are based upon the acknowledged duty of the State to protect its subjects against crimes of violence and fraud, by means preventing or tending to prevent the commission thereof. The proper end and functions of social law in this respect are well indicated in an able little work On the Principles of Criminal Law, (one of a series of Small Boohs on Great Subjects, published by Pickering, 1846,) of which the following is an extract: —

Prevention of crime.

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COMMISSION ON PRISONS