The principles of penal government recognised in the times of Governor
Arthur, may be best ascertained from his despatches and orders, and from
the writings of Dr. Ross, who, if not directly assisted by Arthur, was
inspired by his opinions. Whether those principles were practically
applied, will be known by reference to other testimony. The deviations
must not, however, be ascribed exclusively, either to the Governor's
connivance, or to the intrinsic defect of his system. He could not act
alone, and the agents he employed were sometimes incapable, and
sometimes corrupt. In his own writings, he repeatedly alludes to the
gradual approximation to what he deemed perfection of detail: it cost
him the labor of years.
The estimate he formed, philanthropists are slow to entertain: one-third
of those who arrived in these colonies, he rated incorrigible; the rest,
chiefly affected by the prospect of reward or the dread of punishment,
and indifferent to abstract good. In tracing crimes to their causes he
largely ascribes them to poverty, and the pressure of classes on each
other. He enunciated a novel view of the mental character of
criminals--that they were subjects of _delirium_; that they saw every
object through a false medium; and that no treatment could be successful
which did not restrain them by an enlightened rigour. This view, given
in a code of rules[187] for the management of road parties, was
attributed to the reasonings of a medical member of his government: the
notion it embodies, he himself ascribed to long experience in the
management of prisoners. His observation supplied the facts; his
councillor, perhaps, constructed the system.
He believed that to remove the opportunities of crime, was the only
successful method of general prevention; that to keep the convicts
quiet, to withdraw all external excitement was essential to successful
treatment of their mental malady. He compared the ordinary offender to a
steed untrained: very impatient of the curb and rein. The discipline of
the government, either by its own officers or the master, he likened to
a _breaking in_. Under the first application of the bridle, more facile
tempers became at once submissive and docile; or if not--if the man
threw the master--then came the government with heavier burdens and more
painful restraint: he was caught, and resistance was borne down. The
milder servitude being unsuccessful, then came magisterial admonition;
then the lash; then sequestration on the roads; then irons; then the
penal settlement--with its stern aspect, its ponderous labor, and prompt
torture; in which mercy wrought through terror and pain, and hope itself
was attired in lighter chains.
Public-domain text, read in full here on John Shaqi.
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