The attempts of the convicts to overthrow the authorities have been numerous. Three years after the re-occupation of the island (1827) a large body murdered the guard, seized the boats, and crossed over to Phillip's Island. Seventy were engaged, and their number screened them from the capital penalty. In 1834, a still more sanguinary attempt issued in the instant loss of several lives, and the execution of eleven men. It was on this occasion that Mr. Justice Burton sat as judge: when he heard the appeal which "brought tears to his eyes, and wrung his heart;" and which, recorded by the famous anti-transportation committee of the House of Commons, told with such power on public opinion. The culprit being brought up for sentence said—"Let a man be what he will, when he comes here he soon becomes as bad as the rest: a man's heart is taken from him, and there is given him the heart of a beast."
Such has been always the result of capricious severity; and not only to the prisoners—to the ministers of vengeance might often be extended, without injustice, the appalling description.
The administration of law at Norfolk Island was but a choice of difficulties. Special commissions were of late sent down, when cases were urgent or numerous. The temptation to risk life for a release from toil, or the excitement of a voyage, was thus removed. But at this settlement the formalities of justice were but a slight security for its fair distribution. The value of an oath was less than the least favour of the authorities; the prisoners without counsel; the jury taken from the garrison. A convict attorney was occasionally permitted to advise the accused; but in the case of the July rioters such aid was denied, and several who were convicted, died protesting their innocence. During the assize, one judge sat with the military as an assessor, under the old law of New South Wales; a second, under the law of Van Diemen's Land, which appoints a jury. Capital convictions were thus obtained by a process, one or the other, totally illegal. These would be deemed slight considerations, taken separately; but it is difficult to be satisfied with a trial, in which all, except the judge, may be interested in the prisoner's condemnation. Substantial justice will not be long secure, when its usual conditions are either evaded, or are impracticable. A civilized nation would release the culprit rather than condemn him in haste, and the judge is criminal who smites contrary to the law, though he smites only the guilty.
FOOTNOTES:
[247] Despatch of Lord Stanley, 1842.
[248] Par. Pap. 1847.
[249] The following was addressed by Westwood, on the eve of his execution:—"Sir,—The strong ties of earth will be soon terminated, and the burning fever will soon be quenched. My grave will be a heaven—a resting place for me, Wm. Westwood. Sir, out of the bitter cup of misery I have drunk from my sixteenth year—ten long years, and the sweetest thought is that which takes away my living death. It is the friend which deceives no man: all will then be quiet; no tyrant will disturb my repose, I hope—Wm. Westwood."—Letter to Rev. Thomas Rogers.
[250] Correspondence relative to the dismissal of the Rev. T. Rogers.
[251] "That I may not be supposed to speak heedlessly when I say that the gaol treatment, at the period spoken of, was of itself sufficient to derange men's intellects, I subjoin a few facts in proof of my assertion, taken from written communications made to me by several respectable officers with whom I am acquainted. The original letters are in my possession:—
EXTRACTS.