We are forcibly reminded of a passage in Lord Coke:--"If a man could see
all the _Christians_, that in one year come to that untimely and
ignominious death--if there were any spark or grain of charity in him,
it would make his heart bleed!" The extreme pains taken to reconcile the
unfortunate beings to their lot; the assiduity of the clergy to make up,
by the assurance of divine mercy, the inexorable fate which awaited
them; proved that these awful slaughters were onerous to the colonial
conscience, and vindicable only as the last resort of the last
necessity. The Governor must be acquitted of great blame. A discussion,
of considerable warmth, arose (1825-6) on an address being presented
from fifty persons, who complained of the delays of justice on
bushrangers already condemned. The gaol was crowded, and the prisoners
seemed not unlikely to escape: several did actually break out of prison.
This memorial was transmitted by the government to the chief justice,
who, while he disdained giving reasons to the colony, vindicated his
court: the magistrates neglected the depositions; the attorney-general
the indictments, and the jury their summons. He had sat in a silent
court until ashamed, while prisoners awaited deliverance. He had often
felt disposed to discharge them; some of whom were detained longer for
trial than for punishment. He could not perceive how the delay of
execution could facilitate the evasion of capture by those at large. In
transmitting this reply, Arthur took occasion to refer to the colonial
press, supported by several of the memorialists, as largely implicated
with the crimes of the bushrangers. He traced, with some artifice, the
violence of the robbers to political dissensions, as inspiriting men who
easily confounded "the liberty of writing and the liberty of acting." To
be satisfied that the Governor did not seize an occasion of rebuke,
rather than account for a public misfortune, is difficult; and not less,
to sympathise with the petitioners. It is common for private individuals
to deprecate the severities of public justice, but the awful state of
the colony must be admitted, when fifty persons, among its most opulent
and even humane inhabitants, were anxious to hasten the offices of the
executioner.
Public-domain text, read in full here on John Shaqi.
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