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Westgarth, William, 1815-1889

"Personal Recollections of Early Melbourne and Victoria"


When Mr. Kerr asked me for my paper, I excused myself by pleading that
it was so meagre that I would rather first hear his. Thereupon, in his
deliberate way, he drew forth a sheet of foolscap, and read to me "The
Convicts Prevention Act." Such it was, for, with a few comparatively
unimportant mitigations, secured by the ability and influence of
Attorney-General Stawell, the impatient Assembly, highly appreciating
and determined to have the measure, promptly passed it by a large
majority. This was Kerr's culminating public service, and I am the more
pleased to have this opportunity to say so, as my name was rather unduly
attached to the bill, from its having been committed to my charge. His
prompt remedy, I doubt not, saved many a colonist, not only as to life,
limb, and property, but from outrage in some cases worse than death. His
scathing measure introduced, indeed, a new principle, for we
unceremoniously clapped people into prison who held up to our courts the
Queen's pardon. Her Majesty's representatives at Home did not at all
like it. The Home Government, indeed, refused to confirm the temporarily
enacted measure; but by that happy safety-valve understanding, which has
perhaps saved some explosions, it was renewed and re-renewed as long as
required.


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