Of the British constitution,
instead of weakness in those that administer the laws under
its guidance.
That His Excellency could well afford to be generous.
That, in asking for an amnesty, we were aware it was asking
for much, and what a statesman should not do without due
deliberation. But at the same time, we submitted we did
not ask anything inconsistent with the true interests of
the colony, or derogatory to the dignity and honour of
the throne itself.
That a general amnesty to the state prisoners would tend
much to consolidate the power of the British government
in this colony, and show that the representative of Majesty
here can afford to be just - to be generous; with the full
confidence that such an act would meet with the full
concurrence of the Queen of England, and the approbation
of the whole British empire. That in this he would act
wiser far in listening to the voice of the people than
to the short-sighted counsel of the law-advisers of the
Crown. Humanity has higher claims than the mere demands
and formalities of human law.
We forbear saying all that might be said as to the spies
being sent from the Camp to enrol themselves amongst the
insurgents, and who, report says, urged them to attack
the Camp, which was repudiated by the diggers - they
saying they would act upon the defensive.
That we believed the enforcement of the law in this case
would have the most pernicious effect, not only upon the
commerce of the colony, but would retard, if not prevent,
the accomplishment of those schemes of reform that His
Excellency had promised.
That if he valued the good opinions of the people - the
peace and prosperity of the colony, he would be giving
the best evidence of it by granting the amnesty we prayed
for; but that, if His Excellency punished these men, it
would be calling into existence an agitation which would,
we feared, end in civil commotion, if not in the disseverance
of the colony from the mother country.
That we thought there were reasons sufficiently important
to justify an amnesty, on the grounds of state policy alone.
But even supposing there were no legitimate grounds for
an amnesty, and that the government have been right in
all that they have done - which would be saying what facts
do not warrant - surely the slaughter of some fifty people
is blood enough to expiate far greater crimes than the
diggers of Ballaarat have been guilty of, without seeking
the lives of thirteen more victims. The government would
act wisely in not pursuing so suicidal a course.
His Excellency states, in his written reply, that the
diggers, notwithstanding his promise of inquiry into all
their grievances, had forestalled all inquiry.