I do not mean to say three-fourths
come off free; they are subjected to some kind of punishment (excepting
a few cases of judgment respited); the others feel, no doubt, what they
undergo, but it is only as a soldier in the fight considers a
scratch--otherwise coming off with a whole skin, being ready for action
again. Another evil arises out of this irregularity of judgments. All
punishments are rendered severe and useful in proportion as the offender
feels he deserves it, and is conscious of having only his _quantum
meritus._. This the convict can now never feel, seeing his companion in
crime let off for a few months' imprisonment, he (his companion) having
been guilty of an offence equal to his own, and for which he (the
convict) is transported for life. Those connected with the court, in the
conversations I have had with them, say, "circumstances of character
occasion the apparent anomalies;" being unable, or perhaps unwilling, to
give a better. That a good character does not avail the prisoner, or
direct the court in its judgments, may be seen by a mere inspection of
the printed trials, and is better known to all who have watched the
proceedings of this court for any time.
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