[92] Macarthur's New South Wales: its present state and future prospects, 1837.

[93] Bigge's Report.

[94] 59 Geo. iii. 1819.

[95] "This sentence was put in execution before the provision store, when the mob, either to display their aversion to the crime, or what might be more probable, to catch anything that wore the form of amusement, pelted him with rotten eggs and dirt."—Collins, vol. ii. p. 54.

[96] Gazette, 1823.

[97] Maconochie, in his supplement to Australiana, extracts the following passages from one of Sir James Mackintosh's private letters, published in his Memoirs, p. 342-3:—"Even out of England there are many places which I should prefer to this (Bombay). You will smile at the mention of Botany Bay; but I am most serious, and I assure you that next to a parliamentary situation, to which either nature or early ambition has constantly directed my views, I should prefer, without much regarding pecuniary advantages, that of being the lawgiver of Botany Bay.... England, in rearing such a community, is preparing not only conquerors of India, but enemies to herself and to all mankind. While on the one side the experiment of a reforming penal colony is, perhaps, the grandest ever tried in morals, it is one which is perfectly safe; for the settlement never can be worse than it is now, when no attempt towards reformation is dreamed of, and when it is governed on principles of political economy more barbarous than those which prevailed under Queen Bess. Every day the difficulties of the experiment grow with the increase of the (criminal) population.... I have heard, read, and thought so much about this extraordinary colony, that I am very confident in my general opinions; and I confess, between ourselves, that I am a piece of an enthusiast in my reforming projects," &c.

[98] 43 Geo. iii.

[99] "Not a governor, not a magistrate, that has acted thus, but has exposed himself to prosecutions upon prosecutions, to actions upon actions, from which not even the crown can save him."—Bentham's Plea for the Constitution, 1804.

[100] Wentworth, p. 389. 1820.

[101] Collins, vol. ii. p. 214.