Page:History of New South Wales from the records, Volume 1.djvu/350

 240 CRIME AND PUNISHMENT meant by '^ the inexorable decree of blind justice." Had he not been generally credited by those who knew him with great generosity and kindliness of disposition, such a stem denunciation of ^^ whimpering soft-heartedness" might be quoted as evidence of a very different character. The current of public opinion with respect to the criminal law may be seen in the kind of legislation that met with favour in Parliament, as well as in that which met with no favour at all. While it proved to be such a very difficult matter to repeal a law inflicting death for a trifling offence, nothing seemed easier than to pass an Act imposing it for a new one, however trivial it might be. Romilly mentions that, during the session of 1816, a bill was introduced in the Commons by a colliery proprietor making it a capital offence to destroy any machinery employed in a colliery, although there was a law already in existence to that effect. The bill attracted no attention in the House, but passed Lifeofuttie throuffh all its stages as a matter of course — "as if the aooount. . ° ^, life of a man was of so little account with us that anyone might at his pleasure add to the long list of capital crimes which disgrace our statute books."* Burke made the same remark thirty years before. The laws in question were made for the protection of pro- Property in porty, and woro made at the instance of property owners — merchants, manufacturers, and country gentlemen — ^who held seats in Parliament. A merchant or squire goes into the House of Commons exasper- ated by the loss of his broadcloth or the robbery of his fish, and immediately endeavours to restrain the crime by severe penalties. occasion when he was leaving the House, one of the messengers called him back, and on his saying he was going on urgent business, replied, ' Oh ! it will not keep you a single moment ; it is only a felony withont benefit of clergy !' He also assured me that although, as may be imagined from his political career, he was not often entitled to ask favour from the MiniatrY ef the day, he was persuaded that his interest was at any time good enoogn to obtain their assent to the creation of a felony without benefit of clei^.** — Sir James Mackintosh, Speech on moving for a Committee to inquire into the state of the Criminal Law, 1819. Digitized by Google
 * Memoirs, vol. iii, p. 260. '* Mr. Burke once told me that, on a certain