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21
Not these circumstances
but the opposite ones
were, and are, inherent
in the New
South Wales system.
21(a)
Quotations. References
to Collins, as to the
Natives.
22.
These obstacles to
reformation are irremovable.
A majority
of shrifty settlers
being hopeless for
many generations,
for want of security
as well as sources
of profit.
23.
The exertions made
under these circumstances
by Administration
to inveigle
honest settlers are a
cruel fraud. Reference
to Economy for
proofs.
1.
Incapacity by mere
distance, without reformation,
seems to
have been the only
real object in this
choice.
2.
Misbehaviour, the
result of non-reformation,
not being regarded,
so as it was
out of Britain & unseen.
3.
The contrivance was
in every instance
either unjust or inefficacious. —
4
1. Injustice of the expedient.
Historical sketch. —
Since the Restoration,
transportation to the
American Colonies has
been coming into use;
and has been marked
out, in lots of different
lengths, with great apparent
care. —
5.
The Penitentiary Act
of 1779 affords an
eminent example of
this case. —
6
To America, transportation
had partly
fulfilled the objects
of punishment, partly
failed.
7.
Reformation being
difficult, and incapacitation
by local
exclusion appearing
easy, when a fresh
spot was to be looked
out for, New South Wales
recommended itself
on the score of distance.
8.
Distance was the
only circumstance
that could have recommended
it.
9.
In idea, the expedient
was a simple
one.
10
But the effects, on
the system of transportation
punishment,
as laid down in
so many laws, were
extremely complicated.
11.
In an oblique way
(which will be delineated
presently)
the punishment in
almost all cases of
transportation underwent
an encrease
prodigious and unprecedented.
12.
In the almost obsolete
practice with
regard to mayhem,
damages found by
the Jury may be
encreased by the Judge
- but the benefit
goes to the party
injured.
13.
In the case of pardon,
executive rigour
is made to
fall short of that
of the law — in no
other case to stretch
beyond the law, as
here. —
14.
It is no justification
to say the right of
return remains — since
the physical power
is taken away or meant to
be taken away, more
especially than it
could be even by
taking away the right.
15.
The existing law of
transportation is as
much broke in upon,
as the law against
murder would be,
by throwing a man
into a dungeon and
leaving him to starve.
16
The mode of producing
the effect was particularly
objectionable
as well as the effect
produced.
The alteration
would have been
unjust, though it
had been made regularly
by Parliament.
17.
But it was made
by a deceit put upon Parliament:-
powers
given, for the purpose
of continuing
transportation on its
former footing, being
applied to the putting
it upon a quite different
footing.
18.
Even in the Act of
1787 in which New
South Wales was
mentioned, there was
another deceit on Parliament,
which will
be laid open elsewhere.
19.
The punishments
being still, by the
tenor of the several
laws, of different
lengths, while in
effect
they were to
be all of one length —
viz: perpetual hence a continual
(though unheeded)
mockery of justice —
on the part of Parliament
as well
as Judges. —
20
With respect to Convicts
already under sentence,
the extension had all
the iniquity of an
ex post facto law.
21
Pernicious example
set by this perfidy
on the part of Pitt
Rose &c. Indication
afforded by it of the
perfidy exemplified
afterwards in the
dealings of the same
persons in respect
of Panopticon.
22.
If but a month
were to be added by
direct order to Hulk
confinement here at
home, what a sensation
in the public
mind! —
23.
Though the bondage
may not have been
thus meant to be
made perpetual, yet
the banishment was,
which is the only
part of the punishment
expressly
warranted by law.
24.
Though the banishment
was intended
by the contrivers of
the system to be
perpetual, the intention
has succeeded
but imperfectly. — A
considerable number return —
25
— worse corrupted
by the discipline of
New South Wales.
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Identifier: | JB/120/018/003 "JB/" can not be assigned to a declared number type with value 120.
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1802-08-09 |
1-4, 1-2, 1-4, 4a, 5-12, 12a, 13-21, 21a, 22-23, 1-25 |
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120 |
panopticon versus new south wales |
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018 |
no. 13 panopticon versus n. s. wales marginal contents (not yet printed 9th august 1802) in two sheets. sheet 1 |
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003 |
i ends of penal justice the standard / ii example / iii reformation / iv incapacitation |
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marginal summary sheet |
2 |
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recto |
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john herbert koe |
1800 |
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1800 |
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39844 |
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