In the despatches of Governor Arthur there is much acute observation and
just inference. He had actually lessened abuses, until they became not
very common or very flagrant: by collecting men in the employ of
government under a more rigid system of superintendence, he had
curtailed their indulgence, and made their condition more irksome. But
it is well known to every colonist, that throughout his administration
some prisoners were favored with greater liberty than others; that they
accumulated property, and had at command whatever money could buy. He
often, with a discretion both wise and humane, mitigated the severity of
a sentence and alleviated the domestic desolation of a wife, by granting
some indulgence to her husband. It is told to his credit as a man,
although it does not add to the weight of his despatches.
The enunciation of principles was not common in the writings of Governor
Arthur; he, however, states his view of the objects contemplated by
punishment. He held that the severity of a penalty was to be measured by
the operation of the crime on society,--or the views taken by
legislators of its effect. Unhappily, this theory overlooks the fact,
that penalties are usually for the protection of classes, rather than
communities. The severe laws against poaching have never been vindicated
on the principles of equity or national right: they are the laws of an
aristocracy, for the protection of its pleasures. The unlimited power
over life and liberty claimed by this doctrine, would excuse the Spartan
method of anticipating crime. It is the old code of the opulent and
powerful; but it is essentially unjust, fallacious, and therefore
useless and wicked.[190] It is probable, however, that abstract opinions
maintained but a slight influence on his actual policy, and that by his
strong perception of the interest of society in the reform of the
offender, he adopted many practical lessons of philanthropy.
Public-domain text, read in full here on John Shaqi.
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