The zeal of Eagar in the cause of the emancipists, provoked the
animadversion of ministers: they hinted that he was liable to be treated
as a felon at large, and was indebted to the lenity of the executive for
his safety; but Sir James Mackintosh, who gave respectability to the
cause he espoused, vindicated the claims of the emancipist with great
warmth, and excused the earnestness with which the confirmation of his
title to liberty had been sought. That great and good man displayed, in
every debate, the generosity of his temper: always the enemy of
despotism, every form of oppression called him into action, and the
emancipists were largely indebted to his eloquence. After long delay,
this agitating question was settled, but with a reservation of serious
moment. The new law[131] confirmed all the pardons granted in New South
Wales, with the rights they included; rendering them of full effect when
they should be ratified by the crown. It further provided that no future
pardon should be held valid until allowed by the Secretary of State, and
then only within the colony of New South Wales and its dependencies--a
serious drawback from the attractions of the boon, as understood before;
but which was no barrier to the further extension of the royal clemency.
The opponents of Macquarie argued, that the profusion of mercy had not
been followed by reformation: the emancipists, they alleged, were
unchanged in principle, and never abandoned their habits of crime. This
view was sustained by Mr. Wentworth's representations, which were
intended to subserve another end. He attempted to prove that financial
oppression had driven back the expiree on his former course, which the
anti-emancipists maintained he had never forsaken.[132] It was, however,
the universal opinion, that atrocious crimes were diminished, and
misdemeanours increased.
The penal statistics were swollen by the extensive jurisdiction of
police: by the cognizance of acts which, in other countries, are left to
opinion. The distribution of public money, annually increasing towards a
quarter of a million, placed within the reach of all the pleasures they
were accustomed to obtain, without the risks of crime. A closer
inspection does not, however, exalt our opinion of their moral worth; of
4,376 emancipists, reported by the chaplains, 369 were tolerable, but
296 only were respectable.[133] Nor was the accusation without force,
that the proof of reform, admitted by Macquarie, was the possession of
money; that to thrive, by whatever means, within the letter of the
statute, was to honor the law, and to deserve well of the crown.
Public-domain text, read in full here on John Shaqi.
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