liberty
and equality, and debased by convict associations; prone to quarrel and
encroach, but distressed with the endless vexations of their lot.
Forbidden to punish the insolence of their servants; exposed to the
disgrace of meeting their accusations; or when they prosecuted a charge,
liable to the strictures of the magistrate, who might penetrate the
secrets of their dwellings, and censure them in the presence of their
exulting slaves. Thus, though the author assumed the tone of
philosophical discussion, he differed from others who professed to
investigate principles: he observed--"We find the convicts in the
condition of slaves placed under despotic power." "It is not necessary
to enquire whether it is for their benefit;" "they are not entitled to
our sympathy, should they be treated with the rigour of slaves:" "they
will not often labor when they are removed from the dread of
punishment." "The magistrates should be relieved from forms and
precedents, and punish according to the intrinsic value of offences, and
for the public good." "More injury is done by the trammels of the law,
than by leaving the judges to their own discretion." Such is the essence
of his system, which, however, always presumed the existence of a lofty
purpose and a dispassionate administration.[225] For this large
discretion, however, he pronounced the existing settlers unfit: he
recommended the employment of young educated gentlemen, under a board of
directors, and proposed as the primary object of discipline, neither
punishment nor intimidation, but _productiveness_. Power being lodged in
the hands of the superintendents, without regard to _Burns' Justice_, or
written regulations, they would check offences at once, and punish
according to their social and material tendency. He held, as vitally
important, that all national views in reference to transportation should
be subordinate to the colonial welfare. Having formed agricultural
establishments, and fitted them to become the home of capitalists, the
officers of government would give place to another class of employers.
The house, the servants, and the cleared ground, would be disposed of by
the crown; the convicts, gradually trained, exalted into a free
population, and with their families would form a peasantry. The sale of
these estates would repay the original outlay; and thus, without further
drafts on the treasury, the process could be renewed in an endless
succession. The lash, Dr. Hender