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many instances send persons to prison who are much better fitted for lunatic asylums. And unfortunately a similar remark seems applicable to illness, persons being sometimes sentenced to hard labour when actually dying. A woman who died at Holloway while under sentence of five days' imprisonment is described as "moribund" on admission, and as in the column of "previous occupation" the entry is 'not known," she was evidently unable to give any account of herself. She lived, however, for two days. Another woman committed for a month with hard labour died after two days of pulmonary consumption. I may class with these a man of 88 who died while undergoing a sentence of "one month's hard labour or 29s. 6d."; a man of 80 and and another of 77 sentenced to 18 months' hard labour, and one of 82 to 12 months; all apparently suffering from disease when the sentence was passed. Another prisoner, who died at the age of 75 of "senile decay," was serving 12 months' hard labour. The senior of them all was a man of 89 who had been undergoing a sentence of 10 years' penal servitude since the year 1905. Similarly, among those who were certified to be insane, we find a clerk sentenced for "21 days or 37s. 9d." suffering at admission from "general paralysis," and next to him a labourer of 73 who got 14 days with hard labour for stealing strawberries while suffering from "senile dementia." In more than one instance the charge was neglecting his family or refusing to work at a workhouse, when the man was either physically or mentally incompetent. In several instances insanity was noted on the very day of the prisoner's arrival in prison. (I may perhaps mention that a little more care might be taken with the descriptions given. "Morbis cordis" is perhaps intelligible, but what of "sceptic plebitis "?)

Those who desire to pursue the subject farther may be referred to the Report which gives information on almost every branch of the question. The Commissioners are

fully alive to the value of voluntary assistance, and have rendered it more available, not only after release, but during imprisonment. Punishment as such has, I believe, no tendency to reform anyone. Its object is merely to deter, and the man who only abstains from committing crimes for fear of the consequences will be no longer deterred when he has a good chance of avoiding these consequences. And those whose duty it is to see that the prescribed punishment is properly carried out will seldom prove very successful in their efforts to promote reform. An outsider who comes there voluntarily out of mere good-will to the prisoners is much more likely to gain their attention, and this all the more if he is planning to do something for them on their release. From the present combination of voluntary and official labour the Commissioners hope much, and so far the results have fully satisfied their expectations. The Commissioners have deserved success, and so far as we can trace the relation between cause and effect, they have achieved it.

LEX.

VII. SPITZBERGEN.

IN in this

IN 1907 in this Magazine,1 some observations were published on the international status of the great island, or more properly speaking, islands, of Spitzbergen. It was pointed out that, in the absence of effective occupation by any of the Powers, a delicate and difficult position was set up, which was calculated to lead to the extermination of the fauna of the locality by casual raiders, and to collisions between rival prospectors. The forecast was made that Spitzbergen might be handed over to an independent scientific commission to administer. Something not

1 L. M. & R., Vol. XXXIII, p. 83.

unlike that has happened. The deliberations of a joint conference of Swedish, Norse, and Russian diplomatists have led this year to the signature of a Protocol, establishing-so far as these nations can accomplish it—a régime under which the island is entrusted to the administration of a special commission calculated to safeguard the interests of the other Powers. It is tolerably certain that the Protocol will be transformed into a binding treaty in due course, to which the accession of other nations will be invited.

Norway has certainly the strongest material interests in the island, as things stand. Such enterprises as Mr. F. Hiort's coal mining venture at Advent Bay, are distinctly of the nature of permanent occupation. Yet the ancient and regular use of the island by Russian whalers amounted to something closely resembling occupation in earlier days, when little other use seemed possible to be made of the place. This gave Russia a special claim to consideration. And Swedish capitalists, as was noted in 1907, once went so far as to establish a settlement and a railway on the main island. But Spitzbergen is a large place, and the question arises whether the Powers which unite in any such treaty as is suggested may not be dealing with territory over which they have no authority. Clearly, they can deal with the localities where Norse enterprises are in working, and where Russians have regularly resorted. Clearly, they can annex other territory, and retain it, on the condition of making prompt use of it (such use, that is, as it is capable of). But they cannot annex territory by a paper agreement. There must be some act of formal intromission exercised on the spot. And no such act can carry the possession of all Spitzbergen. It must be repeated at every natural boundary. It is difficult to indicate the proper boundaries in a country without rivers. normal circumstances, the annexation of the mouth of a river carries the hinterland up to the watershed, and the

In

coast half-way to the next estuary. The idea underlying this is the sound one, that the port as the means of communication with the outer world naturally commands the lateral and internal territory. But no such reasoning is possible in the case of Spitzbergen. It is suggested that the harbours which are ice-free for a respectable part of the year-say, six weeks-and are capable of admitting vessels of 300 tons burden and 8 feet draught, should carry possession of the interior up to the highest range, and of the shore half-way to the nearest harbour fulfilling the same conditions. The distance would have to be reckoned from the annexation point, otherwise there would be disputes as to the extent of harbours.

As a matter of fact, nothing is more probable than that the three nations will be left to look after Spitzbergen, which is thus subjected to a triple control. But what becomes of the Guarantee Treaty of 1906, which appears to be rendered invalid if Norway annexes territory, and thereby makes it more difficult for the Guaranteeing Powers to protect her? France, Germany, Russia and Britain are the parties to this treaty (signed at Christiania in 1906); and if Russia's position is dubious under it, the other signatories are possibly altogether released. Norway none the less annexes territory because she avoids the name of annexation and performs the act in company with others. Denmark does not appear to have been consulted. Her early discovery of the island has never been followed up by action. But the mineral riches of Spitzbergen are calculated to make it an important place. Its coal is said to be good and easy of access. Ice Fiord is by no means always full of ice. If Holland, Denmark, the United States or Belgium liked to lay hold of harbours, there is certainly nothing in the Protocol, even if converted into a treaty, to prevent them.

Its

The form of the projected Convention is very curious. Spitzbergen is defined as the islands between 10° and 35° E. and 74° and 81° N., with the surrounding water and ice up to 8 miles distant. It is made terra nullius and immune from all annexation, but open to free resort, and neutralized. Subjects of powers which have not come into the agreement are to be graciously permitted to choose as their protector a power which has done so: otherwise one will be assigned for them. An International Commission of three is appointed to administer the district by Norway, Russia and Sweden, the delegate of each presiding in turn for a year, and normally convoking the Commisson in his own country at least once annually. The deliberations of the Commission are secret and its decisions unanimous, except in the exercise of judicial power. French is its language, but it may be addressed in the language of any adherent State. decrees are to be published, and their scope is practically unlimited. Especially, it is to provide for the postal and telegraph service, and to organise a police: and for these purposes to ex-appropriate and to tax-but this does not appear to derogate from its general powers. Civil disputes. are to be judged by (A) the national Courts of the disputants, or of the deceased or insolvent; (B) by the Courts of the defendant if the disputants are of different nationalities. But a Spitzbergen Court is set up for actions relating to immovables, actions between workmen and employers, actions grounded on acts committed in Spitzbergen, by a resident there, involving over £110, and other personal suits involving the same amount against a resident whose obligation ought to be performed in Spitzbergen. The money limit is not applied in cases where there is no other competent jurisdiction. Appeal lies to the Commission. The judicial officers are to apply the rules of Private International Law, the decrees of the Commissioners and of the Convention, and "the principles of law and justice "—whatever