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3 Transportation
19 June 1802
Transportation by
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.
Injustice of the expedient —
Historical sketch
since the Australian
transportation into
the American colonies
has been coming
into use —
and has been
marked out in lots
of different length
with great apparent care. —
5
The Act of 1799 affords
a particular example
of this care. —
6
The American transportation
had partly
the objects of
punishment — partly failed. —
7.
Reformation being
difficult and incapacitation
by local
exclusion appearing
easy, when a fresh (port
was to be looked out
for, New South Wales
recommended itself
on the score of distance.
8.
Distance was the ut
only circumstance
that could have
recommended it.
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9
In idea the expedient
was a simple one.
10
But its effects influence on the
system of transportation
punishment, as laid
down by so many
Acts, was extremely
complicated. —
11
In an oblique way,
(which will be delineated
presently) the punishment
in almost
all cases of transportation
underwent an
increase — prodigious
and unprecedented.
12.
In the almost obsolete
practice in regard to
Mayhem, damages
found by the Jury
may be increased
by the Judge but
the benefit goes to
the party injured.
13.
It is no justification
to say the right of
return remains —
since the physical
power is taken or
meant to be taken
away more effectually
than by taking away
the right. —
14 —
The existing law of
transportation is as
much broken in
upon as the law
against murder
would be be by throwing
a man into
a dungeon & leaving
him to starve. —
15
The mode of producing
the effect was particularly
objectionable, as
well as the effect
produced.
The thing would
have been bad if
done regularly by
Parliament. —
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16
But it was done by
a deceit in Parliament,
powers given for
continuing transportation
on its former
footing being applied
to the putting it
upon a quite different
footing.
17—
Even in the Act
of 1787, in which
New South Wales
was mentioned, there
was another deceit
on Parliament which
will be laid open
further on.
18—
The punishments,
being still, by the
letter of the several
laws, of different
lengths, while in
effect they were to
be all of one length.
Hence a continued
mocking of justice
on the part of Parliaments
as well as
Judges. —
19
With respect to
convicts already
under sentence the
exclusion had all
the iniquity of an
ex post facto law.
20
21
If but a month
had been added by
direct order to Hulk
confinement — what
an outcry! —
---page break---
22
Tho' the bondage is
not thus meant
to be made perpetual,
yet the banishment
was: which is the
only part of the
punishment expressly
warranted
by law.
23
Under the Penitentiary
system the lot of
the Convict would
not have been
exposed to any such
uncertainties and
obscurities.
24
Tho' the banishment
was intended by
the contrivers of the
system to be perpetual,
the intention
has succeeded but
imperfectly.
25
The use of the plan, and the security
afforded by it in this
respect, grows less and
less, as the colony
in other respects
is more and more
improved.
26
— and return is
most easy to the
most dangerous
characters.
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Identifier: | JB/116/274/002"JB/" can not be assigned to a declared number type with value 116. |
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1802-06-19 |
1-26 |
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116 |
panopticon versus new south wales |
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274 |
narrative new south wales 3 incapacitation |
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002 |
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marginal summary sheet |
2 |
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recto |
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john herbert koe |
cw 1799 |
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c. abbit lees |
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1799 |
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37807 |
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