by the sacrifice of the public good. If these
men have not themselves the sagacity to dive into
futurity, and to foresee the dangers and contests
to which unjust privileges and distinctions must eventually
give birth, shall the government be equally blind
and improvident? Shall they in the short space
of thirty years forget the benevolent designs for
which this colony was founded, and convert what was
intended as an asylum for repentant vice, not into
a house merely of salutary correction, which may moderate
with reviving morality and cease entirely with complete
reformation, but into a prison of endless torture,
where though the sufferings of the body may terminate,
the worst species of torture, the endurements and
mortifications of the soul, are to end only with existence?
Shall a vile faction be allowed to inflict on the
unfortunate convict a punishment infinitely greater
than that to which he has been sentenced by the violated
majesty of the law? Has not a jury of impartial
freemen solemnly investigated the case of every individual
who has been transported to this colony? And
have not the measure and duration of their punishments
been apportioned to their respective offences?
Is it then for any body of men to assert that the
law has been too lenient, and that it is necessary
to inflict an ulterior punishment which shall have
no termination but in the grave? Shall the unhappy
culprit, exiled from his native shore, and severed
perhaps for ever from the friends of his youth, the
objects of his first and best affections, after years
of suffering and atonement, still find no resting
place,—no spot where he may hide his shame
and endeavour to forget his errors? Shall the
finger of scorn and derision be pointed at him wherever
he betake himself? And must he for ever wander
a recreant and outcast on the face of the earth, seeking
in vain some friendly shore, where he may at length
be freed from ignominious disabilities, and restored
to the long lost enjoyment of equal rights and equal
protection with his fellows?
I am aware it may be here urged that these men, if
they were to return to this country, could never enjoy
the privileges for which I am contending; and that
the very same laws, which have fixed the bounds of
their corporal punishment have deprived them for ever
of the most valuable rights of citizens. To this
I reply, that in this country, whither if the whole
of the convicts who have been exiled from its shores
were to return, they would form but an inconsiderable
portion of the people, all such disqualifications
as the law has annexed to conviction in a court of
justice, are good policy; because they tend to promote
virtue and discountenance vice. But the very
same grounds of policy require that such disqualifications
should not exist in New South Wales. There the
great mass of the people are composed of persons who
have been under the operation of the law, and who were
transported with the avowed intention of the legislature