of similar extent, it would still appear on the first
view to argue well in favour of the reformatory influence
of this colony: since Governor Bligh in his examination
before the committee of the House of Commons, in the
year 1812, presented a document purporting to be a
list of criminals tried between August, 1806, and
August, 1807, from which it appears that one hundred
and seventeen* persons were arraigned before the criminal
court during this interval. If we were therefore
to abide by the records of the criminal court alone,
we should draw the most satisfactory conclusions with
respect to the progress of reformation in the morals
and habits of the people since that period. The
comparison, indeed, between the catalogue of crime
in the years 1806 and 1817, would be most gratifying;
as notwithstanding that the population of the colony
rather more than doubled itself since the former year,
the latter presents a decrease in the number of criminals
of twenty-five, or in other words, crimes would appear
to have diminished in the ratio of about 9/4 to 1.
If the records, therefore, of the criminal court were
decisive on the subject, it would be impossible not
to confess that the system pursued in this colony
has fully answered the humane intentions for which
it was founded. But unhappily these records are
no standard by which to judge of the reformatory tendency
of the system. During Governor Bligh’s
administration, all offenders except those who were
charged with the most trifling misdemeanors, were
tried by the criminal court. He was a second
Draco, who considered the smallest offence deserving
of death: and wo to the wretch whom the criminal
court doomed to this punishment, for he invariably
carried its sentence into execution. His successor,
however, has acted on more merciful principles; and,
besides, crimes have so rapidly multiplied of late
years, that the judge advocate would not have sufficient
time for presiding in the two civil courts of which
he is the head, were he obliged to dispose of all
the culprits that might be arraigned in the criminal
court. But it is well known to those who are
at all conversant with the state of the colony, that
but a very small portion of the offences which are
committed there, are now brought under the jurisdiction
of this court. The majority of the criminals
who are now tried by it are either free persons, or
such as have obtained emancipations; i.e. those
whom the various governors have made free in the colony,
but who are not at liberty to quit it. The benches
of magistrates, and the superintendent of police,
are delicate of deciding on charges in which the members
of these two free classes are implicated; but they
dispose of offenders already under the sentence of
the law in a summary manner, either by transporting
them to the Coal River, by putting them in the gaol
gangs, by sending them (if they happen to be females)
to the factory, or by simply ordering them corporal
punishment, unless they are charged with murder, or