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SWABEY DIARY. SVS p,., ae aeee. 529 
“> iS a 
execution to be a duty to society, and that all who forget themselves, 
so far as to let their compassion be an obstacle to it are unworthy of 
its protection. I never could understand why a thief should be for- 
given from motives of compassion. A mind at all in the habit of 
reasoning would easily see how such lenity would increase the number 
of thieves, and not only the property of all be the more endangered, but 
humanity the more injured by giving encouragement to offenders, and 
increasing thereby the number of punishments. ‘Thus, in this country 
where the people under us are exempt from capital punishment for thiev- 
ing, we soldiers see honesty daily falling into disrepute; it is hardly 
credible how the best soldiers lose their early principles, in this matter, 
and a fellow who is ever such a thief is sure to be countenanced by his 
companions. 
The arbitrary law of Portugal punishes with transportation to the 
Brazils the purchaser of any article whatever from a soldier, a sentence 
not dependent on a jury as in happy England, but on the order of the 
magistrate who has only the power of taking depositions. This recu- 
lation, as it is only temporary, is certainly adapted to the exigencies 
of the times, because, as a soldier is in the habit of stealing whatever 
he can lay his hands on, it is the only real security for property. ‘The 
punishment is not as ib first appears out of proportion to the crime, 
because, as perhaps the soldier sells the value of 4 doubloons (one is 
worth £3 4s,) for a pint of wine, to be a purchaser might soon become 
a lucrative trade. 
Ist February.—Jenkinson, after having enlivened our circle for some 
days, left us. There is a sort of phlegm about him I cannot under- 
stand: he must have been aware that we knew of his brother’s mis- 
fortunes, and yet he could bear to talk of his going to Scotland for 
change of air, etc., etc. 
2nd February.—Lord Aylmer’s answer came relative to the com- 
plaint. It was short and pithy. ‘If the people of Famalicoa are not 
satisfied in a week’s time from this date, the captain, the officer, and 
the sergeant shall be brought to trial before a general court-martial.” 
For my own part, as I dread few circumstances that do not implicate 
my character, I believe I should not care if it were to take place. I 
could anticipate its results without the smallest apprehension; they 
could be of no consequence to me. First, I could easily prove I never 
received any orders respecting the party, and secondly, supposing the 
decision of the court-martial to have deprived me of my commission, 
that would be only taking away a clog that has served to delay my best 
and dearest prospects, and if the verdict has been against me I should 
have appeared in the very proud position of having sacrificed myself 
for others. Dyneley, however, could not fail, as commanding officer, 
to be implicated, and though every such person in charge of horses is 
daily guilty of misdemeanours, that would have been nothing to the 
“ord”? or to the court-martial, therefore all pride was waived, and 
how to get out of the scrape was the question ! 
ord February.—Harly in the morning I started over the mountains 
1 «The thord,” ‘* The Peer,” terms by which Wellington was known in the army.—(F.A.W.) 
