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8
of
1866 relative to branding and flogging
be allowed.
om
should
which a
whereas
viz branding, where parties voluntarily
petition for release on that condition and
flogging
if after being branded they return to the colony
and are convicted of any
crime.
it to be Your Grace's
presume it to be
intention
that the latter two provisions should be made
a branded criminal
not merely returns in violation of the condition
on which a prisoner had obtained his release
a criminal
returning hereafter will
than before
find himself in no worse position than before his release. Moreover, as no one commits a crime when he thinks detection likely, the fear
of a flogging on being subsequently detected in
a new
crime
can
only exercise
a remote and
weak influence
over the Criminal
Nevertheless, as the argument by which I
supported that view has
been fully before
Your Grace, nothing
remains but to
conformity therewith.
3. Such a provision must obviously prove far less deterrent than that
now
occasionally enforced. The flogging
which I propose, would be the
immediate
consequence of a voluntary breach of the condition
on which his release
was sanctioned, but is
suggested by me,
also committed subsequently of any crime.
5.
1 give effect
to Your Grace's instruction by altering
Ordinance in
conformity therewith.
In reference to the other
question, the suppression of gambling, and the corrupting influence which the present state of the Law exercises over the Police, my recent
3