________________
466
THE INDIAN ANTIQUARY.
(NOVEMBER, 1902.
Enclosure. To John Morris Esqre Secretary to Government, Bombay.
Sir. Your letter of the 26th July last by the Ship Intrepid giving Notice of five European Convicts having been sent to the Andamans by Order of the Honble the Governor in Council of Bombay was delivered me by Captain Pruen at this place. The Officer I left in Command at Port Cornwallis where Captain Pruen touched did not think it expedient to receive the Prisoners for which he has assigned to me Sufficient reasons, but referred Captain Pruen to me. I must now beg the favor of you to acquaint the Governor in Council that I do not think I can with propriety receive these Convicts at the Andamans without the particular directions of the Governor General in Council and that should be even think the banishment of European Convicts to the Andamans, & measure in itself expedient it would be necessary for me to represent that the Settlement is not yet in a Situation to accommodate them but with much convenience, but I must beg lerve humbly to observe to the Governor in Council of Bombay that I conceive the fitness of such sentence of the Court of Oyer and Terminer has not been duly considered as the Andamans cannot in any manner be applicable as a place of banishment for European Convicts.
In all cases of Transportation I presume that two points must be established the one that there is a strong local attachment from habit, Possession of fixt property; ties of consanguinity or affection, the dissolving of wbich with condemnation to hard labour constitutes the Exemplary punishment, the other that the Country chosen for the place of banishment is to derive benefit by the acquisition of even such bad subjects as was formerly the case in the Transportation of Convicts from Great Britain to its Colonies in North America and at this time to Botany Bay. In the present case neither of these objects seem to be attended to, nor are they I conceive attainable. I imagine the Sentence does not extend to hard labor, as to Europeans in a Climate pear the Equator it would be a very rigorous one entailling a certain and speedy death, if it is not to hard labor, there appears no punishment at all, for it cannot be supposed that the class of Europeans most subject to such Sentences can have cause for strong local attachments to any place in India and as they would be as well subsisted at the Andamans as at Bombay and obliged to perform no harder duty, there is no reason why they should not be quite contented with their Situation, neither can the Country reap any advantage from the acquisition of such men, they are unfit for hard labour in such a climate, they could be employed in no Office of Trust, or as Overseers to the Native labourers as it would be placing them in situations far superior to what they probably left nor could they be made to serve in a Corps of European Soldiers without giving a just canse of discontent, they could only therefore remain as Prisoners to be subsisted by Government at a greater expence than in any other part of India, as every Article of Provision must be sent from Bengal and would remain a very great incumbrance and inconvenience to the Settlement in providing them with habitations Clothing, Medical Attendance and other conveniences which humanity requires that Europeans should have in such a Climate. I hope these reasons will appear sufficient to the Governor in Council of Bombay to excuse me in his Opinion for objecting to receive these Men, and that they may Operate with the Court of Oyer and Terminer to induce it to adopt some more applicable punishment for Criminals of this class.
I have the honor to be, Your Obedient Servant
(Signed) A. Kyd Prince of Wales's Island,
Supt. Andamans. 20th September 1794.
Ordered that the Accounts of the Settlement at Port Cornwallis transmitted with Major Kyd's Letter dated the 20th November, be sent to the Military Auditor General for his report upon them, and that the list of the Bills he has drawn upon the Governor General in Council be forwarded to the Accountant General,
