Prisons Over Seas: Deportation and Colonization; British and American Prisons of To-dayGriffiths, Arthur
History
Prisons Over Seas: Deportation and Colonization; British and American Prisons of To-day
Griffiths, Arthur
Convict ships; Penal colonies; Prisons -- Great Britain -- History; Prisons -- United States -- History
In these and other useful labours the lead he gave was consistently
followed by his immediate successor, Sir Richard Bourke, who came to the
colony in December, 1831. Although by the extension of the colony the
personal character of the governor was no longer of such paramount
importance as in earlier days, the arrival of an efficient administrator
was a distinct benefit to the whole settlement. Sir Richard Bourke was
unquestionably a man of character and vigour. The measures he introduced
were all salutary. Not only did he encourage free immigration, but he
made fresh laws for the distribution and coercion of the convict
population. His regulations for assignment--to which I shall refer
directly--were wisely planned; and the reforms he introduced in the
constitution of the courts of justice were as sensible as they were
necessary. He had found that the decisions of local magistrates in the
cases of the misconduct of convict servants were extremely unequal: some
were ludicrously lenient, others out of all proportion severe. He
thought it advisable to establish some uniform system by which
magistrates should be guided in the infliction of summary punishments;
and he passed, therefore, an act known henceforth as the "Fifty Lashes
Act." This substituted fifty lashes for the first offence cognisable in
a summary way, in lieu of one hundred and fifty; and made the powers of
a single magistrate somewhat less than those of a bench of two or more.
At the same time it was ruled that a "cat" of uniform pattern should be
used in every district. "Each bench had before superintended, or left to
its inferior officers, the construction of its own scourges, which
varied according to accident or caprice; nor could it ever be
ascertained by the mere number of lashes ordered what degree of pain the
culprit was likely to have suffered." This restriction of their power
was not palatable to all the magistrates, and petitions were presented
to His Excellency, protesting against his new act. They urged that now
their authority was utterly derided. "Such a feeling," says Sir Richard,
commenting on their petition, "is not to be considered extraordinary, as
it requires much judgment and moderation to overcome the instinctive
love of power.... The magistrates who felt the diminution of their power
as a grievance may perhaps have been excited to expressions of complaint
by the annoyance to which, in their character of settlers, they are
exposed from the misconduct of their assigned servants. They do not
perhaps consider that the natural dislike to compulsory labour, which is
part of human nature, and has existed and ever will exist under every
form or mode of government, must offer great difficulties to those who
seek to carry on their business by such means. Severity carried beyond a
certain point, especially towards men of violent and turbulent feelings,
will only tend to inflame this indisposition to labour with more
dangerous acts of desperation and revenge."
Public-domain text, read in full here on John Shaqi.
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