for a release from
toil, or the excitement of a voyage, was thus removed. But at this
settlement the formalities of justice were but a slight security for its
fair distribution. The value of an oath was less than the least favour
of the authorities; the prisoners without counsel; the jury taken from
the garrison. A convict attorney was occasionally permitted to advise
the accused; but in the case of the July rioters such aid was denied,
and several who were convicted, died protesting their innocence. During
the assize, one judge sat with the military as an assessor, under the
old law of New South Wales; a second, under the law of Van Diemen's
Land, which appoints a jury. Capital convictions were thus obtained by a
process, one or the other, totally illegal. These would be deemed slight
considerations, taken separately; but it is difficult to be satisfied
with a trial, in which all, except the judge, may be interested in the
prisoner's condemnation. Substantial justice will not be long secure,
when its usual conditions are either evaded, or are impracticable. A
civilized nation would release the culprit rather than condemn him in
haste, and the judge is criminal who smites contrary to the law, though
he smites only the guilty.

FOOTNOTES:

[Footnote 247: Despatch of Lord Stanley, 1842.]

[Footnote 248: _Par. Pap._ 1847.]

[Footnote 249: The following was addressed by Westwood, on the eve of
his execution:--"Sir,--The strong ties of earth will be soon terminated,
and the burning fever will soon be quenched. My grave will be a
heaven--a resting place for me, Wm. Westwood. Sir, out of the bitter cup
of misery I have drunk from my sixteenth year--ten long years, and the
sweetest thought is that which takes away my living death. It is the
friend which deceives no man: all will then be quiet; no tyrant will
disturb my repose, I hope--WM. WESTWOOD."--_Letter to Rev. Thomas
Rogers._]

[Footnote 250: _Correspondence relative to the dismissal of the Rev. T.
Rogers._]

[Footnote 251: "That I may not be supposed to speak heedlessly when I
say that the gaol treatment, at the period spoken of, was of itself
sufficient to derange men's intellects, I subjoin a few facts in proof
of my assertion, taken from written communications made to me by several
respectable officers with whom I am acquainted. The original letters are
in my possession:--

EXTRACTS.

_August 6._--Visited the general hospital; found a man named Lemon
drea