For each return after deportation,
and I scarcely know what argument can be urged against a prisoner's undergoing a penalty which he voluntarily agrees to undergo if he does a certain act, which it is in his own power to abstain from doing. Any argument to the contrary would be equally conclusive against flogging in the Army or Navy, in which cases, it is supposed that the individuals composing Her Majesty's forces voluntarily engage to abide by the provisions of the Mutiny Act.
I would, however, rather suggest the enlargement of the clause so as to include not merely persons deported under existing Ordinances and subsequently returning, but also the class of prisoners voluntarily consenting to be branded and deported on condition of some remission of imprisonment or other penalty, to which they would otherwise have been liable, and who nevertheless wilfully breach that condition and return to this Colony without permission.
I would remind Your Lordships that the making of such provision could be entrusted to the highest Executive Authority, the Governor in Council, and I cannot but feel that an adequate guarantee is thereby afforded against every abuse of a power which Her...