The Voyage of Governor Phillip to Botany Bay: With an Account of the Establishment of the Colonies of Port Jackson and Norfolk Island (1789) — John Shaqi
The Voyage of Governor Phillip to Botany Bay: With an Account of the Establishment of the Colonies of Port Jackson and Norfolk Island (1789)Phillip, Arthur
History
The Voyage of Governor Phillip to Botany Bay: With an Account of the Establishment of the Colonies of Port Jackson and Norfolk Island (1789)
Phillip, Arthur
Natural history -- Australia -- New South Wales; New South Wales -- Discovery and exploration; Norfolk Island
To expatiate upon the principles of penal law is foreign to the purpose
of this work, but thus much is evident to the plainest apprehension, that
the objects most to be desired in it are the restriction of the number of
capital inflictions, as far as is consistent with the security of
society; and the employment of every method that can be devised for
rendering the guilty persons serviceable to the public, and just to
themselves; for correcting their moral depravity, inducing habits of
industry, and arming them in future against the temptations by which they
have been once ensnared.
For effectuating these beneficial purposes, well regulated penitentiary
houses seem, in speculation, to afford the fairest opportunity; and a
plan of this kind, formed by the united efforts of Judge Blackstone, Mr.
Eden, and Mr. Howard, was adopted by Parliament in the year 1779.
Difficulties however occurred which prevented the execution of this
design: a circumstance which will be something the less regretted when it
shall be considered, that it is perhaps the fate of this theory, in
common with many others of a very pleasing nature, to be more attractive
in contemplation than efficacious in real practice. A perfect design,
carried on by imperfect agents, is liable to lose the chief part of its
excellence; and the best digested plan of confinement must in execution
be committed, chiefly, to men not much enlightened, very little armed
against corruption, and constantly exposed to the danger of it. The
vigilance which in the infancy of such institutions effectually watches
over the conduct of these public servants, will always in a little time
be relaxed; and it will readily be conceived that a large penitentiary
house, very corruptly governed, would be, of all associations, one of the
most pernicious to those confined, and most dangerous to the peace of
society.
In some countries, malefactors not capitally convicted, are sentenced to
the gallies or the mines; punishments often more cruel than death, and
here, on many accounts, impracticable. In other places they are employed
in public works, under the care of overseers. This method has been
partially tried in England on the Thames, but has been found by no means
to produce the benefits expected from it. There is, therefore, little
temptation to pursue it to a further extent. The employment of criminals
in works carried on under the public eye, is perhaps too repugnant to the
feelings of Englishmen ever to be tolerated. Reason, indeed, acquiesces
in the melancholy necessity of punishing, but chains and badges of
servitude are unpleasing objects, and compassion will always revolt at
the sight of actual infliction. Convicts so employed would either by an
ill placed charity be rewarded, or the people, undergoing a change of
character far from desirable, would in time grow callous to those
impressions which naturally impel them to give relief.
Public-domain text, read in full here on John Shaqi.
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