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1856. VICTORIA. INFLUX OF ORIMINALS AOT. Return to WIt Address qf the Legislative Assembly, 9th December, 1856. (Mr. G?·eeves.) Ordered by the Legislative Assembly to be p1'inted, IOU. Dccembel', 1856. No. 43. SIR, Toorac, neal' lVlelbourne, 14th April, 1856: In transmitting for the consideration of Her Majesty's Government an Act passed by the Legislature of this Colony, on the 23rd day of January last, entitled "An Act to continuefQ1' a,limited period WIt Act entitled, 'An Act to prevent the influx qf Criminals into Victoria,''' I have the honor to state that acting under the advice of the Attorney-General of this Colony, I have given my assent thereto in the name of Her Majesty. The reasons lYhich actuated Governor, the late Sir Charles Hotham in assenting to the Act of which the present Act is the renewal, and with respect to which he pointed out the policy and expediency in his despatch, No. 150 of the 18th November, 1854, have also greatly influenced my own decision. I have, &c., &c., (Signed) EDWARD MACARTHUR. The Right Honorable, Hy. Labou,chere, M.P. (Gopy.) No. 44. SIR, Toorac, near Melbourne, 15th April, 1856. an tJns occasion I do myself the honor to refer to a despat<lh of Governor, the late Sir Chas. Sir Cbas. Hotllam, to See. Hotham, on the subject of the infiu.."{ of Criminals into Vietoria from tIle neighbouring Colony of of State, No. 1M. of Tasmania. ' 18th November, 1854. As ilie Secretary of State in replying to ws despatch, W!J.'l pleased to address several remarks Lord John R.ussell to Sir to Sir Chas. Hotham, but which that lamented officer did not live to answer, it devolves upon me in Uharles Rotham No. 19. obedience to the commands contained in .that despatch, to make the following observations. 4th June, 1855. The Colonies of Victoria. and Tasmania, (to which last the Act named in the margin would seem HI Victoria No.3. especially to apply), the one possessing Gold Fields indeterminate in extent, as well as uncertain in position, the other until recently the place where persons exiled from the United Kingdom were appointed to remain during their transportation or period of exile, have by these circumstances, and especially by their close proximity become communities where the royal prerogative of pardon cannot take its free course, as in other parts of Her Majesty's dominions, 'without a violation of public security, and the manifest risk of life and property of Her Majesty's subjects in this Colony. It is most true that the section of the ,convict class who in Tasmania reeeived conditional pardons, (and who are particularly referred to in the d of the Secretary of State) undergo a long searching, and systematic probation, and it may be that experience has shewn, they are generally more worthy of trust and confidence than ordinary offenders, who, when their periods of penal servitude have expired become free. It is however to be remembered, that conditionally pardoned men are for the most part, possessed of extraordinary energy, whether mental or physical, and although under the ordinary conditions of society, their free intercourse with it proves advantageous to the public and themselves, yet there would be extreme danger in permitting their ingress into a country, like the Colony of Victoria, where the abundance of gold would prove too powerful a temptation, and in their estimation render honesty no longer their best policy. C.-No.4. 2. In the de'spatch to which reference has already bcen made, it had suggested itself to Lord John Russell that, a Vagrancy Act might meet the exigencies of the case; but in a country thinly peoplea' like Australia, no Vagrancy Act, no mere Police reg\Jlations, founded on a less stringent Law than the one which the Colony of Victoria has been compelled to enact, would, it is feared, b/il eH'ectual in prev~ntin.g convicts from largely mingling with the population, 'res~ding at the numerous Gold Fields· ~~~~ . Although armed with the summary and comprehensive powers of the present Act of the Colonial Legislature, it is most difficult for the police to ,abate the evil; but, ifthe present Act, like the Acts having the same. objects in v.iew, is to be considered in relation. not only to the Gold ]fields, but also as it parts of the Colo.ny, such as its chief towns, and those districts which at present are of cliaracter it may be affirmed that the. force of the Act is in its preventive action. , he persons wh9 are obnoxious to its provisions are detel'Ted from passing into the Colony, and hence in part, the small nUlllberof convictions which have taken place·under it. , Their paucity is also to be accounted for by the forbearance towards persons who might fa,ll within the scope of its penalties; were they rigoronsly enforeed, but who are perriUtted to "pursue their avocations within the territory, because experience has shewn that they are men who have become worthy citizens, regarding whose past history there are no jealous inquiries. £1211.000 The gaols and penal establishments of this Colony canse an outlay .of not less than one hundred Enclosure No.1. and twenty-six t}lOusand pound,!, for the present year, and the enclosed return shews how much this Enclolure No.2. evil has been !1g~avated llY the presence of the convict class, while the other return shews that mit of twenty -five crlllimals who m four years have suH'ered the extreme penalty of the law, 'no less a nUlllber than: nineteen had been convicts. ' , ' . It is with great submission that I make these remarks; but 1; feel that in the responsible office in which I am placed, I sp.ould neitJier fulfil my duty to Her Majesty, nor to the colonists under Her Majesty's mild and benevolent sway, did I not earnestly suggest to the Government, that it should con­ sid~r the ju~tice ~d propriety of .allowing, the C?lony of Victoria, to. continue. from year to year, to legislate for Itself Wlth respect to this e:s:ceedingly difficUlt and embarrassmg questIon. Its legislation' in this particular may .be at variance .withthe general law of the realm, but when· necessity and self protection are shewn to be the cause; it may be well to allow the Colonists to provide for their own security. " . The voice of equity. and justice would' at all.~tjm/ilS .be raised in favor of those whose established in:iJocenee had been the ground of their pardon. , And with regard to other points, which appear to be irreconcilable with the principles of Jurisprudence, it cannot be supposed that a community like ~ Colony, whose laws rest on the same sacred basis with those of the Mother Country, will ever permit unjust enactments long to remain UlU'epealed, or that it will ever allow an improper or harsh application of them. I have &c., &c., (Signed) EDWARD MACARTlIDR, Major General' The Right Honorable, Hy, Labouchera,.M:P. , , -----------'­ 'By Allthority: JOHN FERRES. Government Printer, MelbourI\\5, .
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