D—No. 2a

THE JUDGES OF THE SUPEEME COURT. knows that the sentence, which is pronounced partly, at least, for the reformation of the Prisoner, will but aggravate that Prisoner's ruin. It is hardly conceivable that a man should not learn more crime in the Stockade. The remedy for the present state of things rests with the General Assembly. It cannot be expected that each Province can erect, organize, and maintain a reformatory establishment, with such a staff and appliances as are requisite to carry out any scheme of secondary punishment. Nor, I venture to submit, ought it to be left either in the power or to the discretion of Provincial Councils. Not to their power, for it is clear that, in order to organize any Prison system, a revenue must be raised, and the General Assembly alone should have power to tax the people for such a purpose;' —not to their discretion, for the present accommodation in the Gaols proves in what matter alone that discretion will be exercised, even in the midst of a thriving community. It would seem moreover to be more consistent with constitutional principle that the supreme control of the Gaols should be lodged in the supreme power of the State. The punishment of Criminals, with the discretion to carry out or remit portions of sentences, or to grant either a free or conditional pardon, all the process of enforcing the Criminal Law, belongs peculiarly to the Crown. Even, therefore, if the time should come when Gaols and reformatory Prisons can be built and maintained out of funds raised within certain sectional divisions of the Colony, it is to be hoped that the ultimate control over the management of those establishments will be held and exercised by a Government responsible to the General Assembly, and acting in the name and on behalf of the Crown. But it is premature to discuss the subject here. I trust your Excellency will forgive my alluding to it. Ido so merely because I have been requested to invite the attention of the proper authorities to the Gaols, not merely with a view to temporary relief, which I have been from time to time informed was already in contemplation, but also with a view of making those permanent improvements which must require time, money, and system to effect. I have, &c, George Alfred Arnet, Chief Justice.

PRESENTMENT BY THE GRAND JURY.

Tα His Honor Chief Justice Arney. "** , y ° Ur HOn ° r ' Md f ° Unded "P° D their haveErn t tpl° S s t ed! nkyOUrHOUOrforthe satisfactor y maDner in their views Secondly To express their entire concurrence with the views set forth by your Honor in the latter part of the Report, relative to the only efficient remedy for the existing £vils, and their earnest hope that the General Assembly, having these evils clearly presented to them, will at once address themselves to the task of removing them. a 11 a n j t Ti Thomas S. Fohsaith, Auckland, Grand Jury Room. x^ 3rd June, 1861. Foreman.