s 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.

Governor Arthur was directed by the Secretary of State to assign the
prisoners employed on public works: such as were unfit for the service
of settlers to form into gangs, and employ on stations distant from the
towns. Lord Goderich had come to the conclusion that the service of
government was rather courted than dreaded by the prisoners. This plan
was skilfully resisted by Arthur: he admitted that constables and
messengers were favorably situated. So great, however, were the
hardships of those employed in public works, that his conscience was
troubled, and only relieved by remembering that they were the worst of
offenders; or, if better conducted, passed at length into the
loan-gang--a condition as preferable to assignment, as was assignment to
the service of the crown: thus balancing the advantages of their last
against the severity of the first stage. He stated their assignment, so
far from increasing the severity of punishment, their faults, and even
crimes, would be covered by their masters, to preserve their labor;
their earnings would place them beyond the condition of their class in
Great Britain; and when their fortune should be known, they would never
want for successors. But he appealed to a still more cogent argument.
The expense of a convict mechanic to the crown, was one shilling per
day; of a free artizan, seven to ten shillings: the difference would go
to the workmen, to bribe their industry and gratify their vices. It was
not, perhaps, known fully to Arthur, that at the moment he sealed his
despatch, forty mechanics lodged in one ward, who earned not much less
than L50 per week, by the leisure hours they enjoyed.[191] It was,