THE

HISTORY OF TASMANIA:

by

JOHN WEST, Minister of St. John Square Chapel, Launceston. 

VOLUME II, Tasmania:Henry Dowling, Launceston. 1852. 

Tasmania:Printed By J. S. Waddell, Launceston

Facsimile edition 1966

CONTENTS. --VOL. II. 

THE ABORIGINES. 

SECTION I. P. 1. 

Tasman's account of the natives--Cook's--Labillardière's--Flinders'. 

SECTION II. P. 6. 

Conflict at Risdon--cruelty to natives--tribe visits HobartTown--child-stealing. 

SECTION III. P. 12. 

Causes of conflict--Musquito--execution of blacks--unavailing attemptsto civilise--ill-treatment by bushrangers--cruelty to the women--effectsof civilization--the food destroyed--abduction of the women--natives notnaturally cruel. 

SECTION IV. P. 26. 

Proclamation against them--forbidden to enter the colony--martiallaw proclaimed--captures--escape--efforts of Mr. Batman--commandoes. 

SECTION V. P. 32. 

Murders committed by natives--instances of female courage--oddexpedients--difficulty of capture--humane efforts of Arthur--listof atrocities. 

SECTION VI. P. 44. 

Conciliation proposed by Mr. Robinson--project to drive them intoTasman's Peninsula--forces assembled--line of posts fixed--greatpreparations--martial law proclaimed--advance--line crossed bynatives--Walpole's party--white man traced--plan unsuccessful. 

SECTION VII. P. 55. 

Mr. Robinson's efforts--his plan reasonable--well-timed--opinions of thepress--aborigines' committee--proposal to destroy the natives--Robinsongoes round the island--Sydney natives--captures--instances ofintrepidity--murder of Captain Thomas--Robinson takes themurderers--rewards given to Mr. Robinson--further success. 

SECTION VIII. P. 67. 

Disposal of the natives--removal to Flinders' Island--opinions of SirJohn Pedder--Backhouse's visit--Robinson's management--removal to NewHolland--some executed. 

SECTION IX. P. 71. 

Rapid extinction--original number--cause of decline--clothing--change ofhabits--restraint--bad water--sight of Van Diemen's Land--notion ofStrzelecki--brought back to Van Diemen's Land--Arthur's opinion of thenatives. 

SECTION X. P. 76. 

Origin of the natives--consanguinity--stature--generalappearance--families--infanticide--half-caste--tribes--huts--food--dressand ornaments--arms and implements--corrobories anddances--language--disposition--religious ideas--thesick--funeral--conclusion--right of occupation--native rights--exposureto robbers--necessity for protecting the whites--lamentable results ofcolonization--inevitable. 

TRANSPORTATION. 

SECTION I. P. 101. 

Exile--Roman custom--abjuring the realm--Spaniards the first whotransported--practice in the time of Elizabeth--James--Charles thesecond--James the second--George the first--America--kidnapping--Americaresists--numbers transported. 

SECTION II. P. 106. 

State of English gaols--Howard--labor bill. 

SECTION III. P. 108. 

Bentham's project--New South Wales occupied. 

SECTION IV. P. 111. 

Voyage--surgeon-superintendents--convict ship--treatment ofwomen--abuses--systems of management--Dr. Reid--Cunningham--Browning--general safety of convict vessels--loss ofthe _George the Third_--the _Neva_--the _Governor Phillip_. 

SECTION V. P. 123. 

Early difficulties of convict management--assignment established--disposalof the prisoners. 

SECTION VI. P. 129. 

Origin of bushranging--Howe--his career. 

SECTION VII. P. 138. 

Habits of convict population--1824. 

SECTION VIII. P. 143. 

The colonies re-act on each other--N. S. Wales--state ofParramatta--rocks--allurements of transportation--Macquarie'sviews--wealth and claims of emancipists--Biggs'sviews--pardons--emancipists form associations--petitionparliament--their alleged reformation--Bigge's commission--Macquarie'srecall--character--Rev. S. Marsden. 

SECTION IX. P. 172. 

Bigge's recommendations--his reports--Macquarie Harbor--emigrationproposed--demand for labor. 

SECTION X. P. 186. 

Land granted to settlers employing convicts--large immigrationof capitalists. 

SECTION XI. P. 188. 

Assignment established in America--debarkation of prisoners--theiridentification--curious practice--law of assignment--transfer ofservants. 

SECTION XII. P. 194. 

Escapes from Macquarie Harbor--Brady--executions--state ofcolony--causes of bushranging. 

SECTION XIII. P. 214. 

Macquarie Harbor--visit of Backhouse and Walker--seizure of the_Cyprus_--_Frederic_--_Badger_. 

SECTION XIV. P. 222. 

Escape of prisoners--seek for China--curious narrative--the_Young Lachlan_ seized--penalty of escape. 

SECTION XV. P. 228. 

Arthur's principles of penal government--number reclaimable--Arthur'ssystem--view of the real state of prisoners--representation ofsociety--of transportation--idea of New South Wales at home--writings ofArchbishop Whately--Mr. Secretary Stanley's "certain and severe"system--tickets-of-leave. 

SECTION XVI. P. 240. 

Disposal of mechanics and specials--convict clerks--wives ofprisoners--Savary--Port Arthur--Boothe's system--Point Puer--youngconvicts. 

SECTION XVII. P. 248. 

Views of ministers--certain severe system--conduct ofoverseers--retaliation--executions--effects of immigration--colonialprotests--curious contrast. 

SECTION XVIII. P. 255. 

Convict system of New South Wales--Governor Bourke--corporalpunishment--Major Mudie--Watt--abuses--Burton's charge--itseffect--Molesworth's motion. 

SECTION XIX. P. 263. 

Franklin's appointment--Maconochie's commission--his reports--hisopinions--his system--board refute him--different sources of hissystem--Dr. Henderson's scheme. 

SECTION XX. P. 274. 

Remarks on Maconochie's system--partly erroneous--useful results ofassignment--Franklin's opinions. 

SECTION XXI. P. 278. 

Sir Wm. Molesworth's committee--stoppage of transportation to New SouthWales--Archbishop Wheately's opinions--Bourke'sviews--exaggerations--Captain Wood--remonstrance--new plan for NorfolkIsland--Maconochie appointed commandant--his mark system--thebirthday--the _Governor Phillip_ seized--failure of his system--opinionsof Sir G. Gipps--of Captain Forster. 

SECTION XXII. P. 291. 

Lord John Russell's plan--Sir Wm. Molesworth's proposal to anticipatethe land fund--Mr. Innes's pamphlet--resolutions of the Commons--CaptainMontagu's visit to England--assignment stopped--gangsformed--evils--Franklin's representations. 

SECTION XXIII. P. 294. 

Lord Stanley's probation system--effects at NorfolkIsland--insurrection--murders--Major Childs--cruelties--Earl Grey'sorders. 

SECTION XXIV. P. 305. 

System in Van Diemen's Land--large arrivals--incompetentofficers--errors on which the system-was founded--Lord Stanley'sdefiance of the settlers--re-emigration--hiring depôts--representationsof Forster--Hampton--Boyd--Fry--crimes increase--laxity ofdiscipline--Mr. Bishton's views--North Australia--Mr. Latrobe--hisrepresentations--ticket system. 

SECTION XXV. P. 318. 

Treatment of female prisoners--their transportation a greatevil--numbers--Sir G. Murray's scheme. 

SECTION XXVI. P. 321. 

Lord Stanley's directions for the disposal of women--Mrs. Bowden--married female prisoners. 

SECTION XXVII. P. 323. 

Views of transportation often governed by interest--oldsystem--incompatible objects sought--frequent changes--every theorycontradicted by results--Arthur's opinion--progress from 1830--capitalexpended--value of convict labor--sacrifices of the settlers--effects oftransportation--public works--numbers transported--character ofconvicts--repetition of crimes--views of statesmen--moral effects oftransportation--cause of opposition to transportation. 

 

CONCLUSION. 

p. 339. 

History of Tasmania a type of the Australasian world--early despotismunavoidable--American and Australian colonists--the despotism moderatedby home associations--by the press--the union of the colonists--advancesof liberty at home--changes required--advantages of the connection withGreat Britain--its dangers--federal government--importance of politicalinfluence--social state--wonderful prospects--resources--position--exports--gold discovery--the happiness of the people in their own power. 

 

ALPHABETICAL ACCOUNT OF THE CHIEF PLACES IN TASMANIA. 

p. 355. 

HISTORY OF TASMANIA. 

 

THE ABORIGINES. 

THE ABORIGINES. 

SECTION I. 

[1643. ] At the era of discovery by Tasman, Van Diemen's Land wasinhabited. He heard, or thought he heard, the voices of people and thesound of a trumpet: he noticed the recently cut notches, five feetasunder, on the bark of the trees, and he saw the smoke of fires. Heinferred that they possessed some unusual method of climbing, or thattheir stature was gigantic. In the sound, the colonist recognises thevocal _cooey_ of the aborigines, and learns from the steps "to the_birds' nests_, " that they then hunted the opossum, and employed thatmethod of ascent, which, for agility and daring has never beensurpassed. Thus, during more than 150 years, this country was forgotten;and such were the limits of European knowledge, when the expedition ofCook was dispatched by Great Britain to explore this hemisphere. Nonavigator brought larger views, and a temper more benevolent, to thetask of discovery. To some nations he opened the path of civilisationand religion: to this race he was the harbinger of death. 

[1773. ] Furneaux, Captain Cook's second in command, first visited thiscountry. He saw the fires of the natives, ten miles off. They had lefttheir huts, formed but for a day, in which were fragments of fish, baskets, and spears. The British deposited gun-flints, barrels, andnails, in payment for the relics they removed; and they left AdventureBay, concluding that a most miserable race of mortals inhabited acountry capable of producing all the necessaries of life, "and thefinest climate in the world. "

One year before, Captain Marian, a Frenchman, according to the authorsof his country, visited this island. The intercourse was hostile andleft traces of blood; and to this may be attributed the absence of thenatives when Furneaux appeared on the coast. 

[1777. ] The descriptions of Cook are founded on his own observations, and are, on the whole, favorable to the natives. The English, whilewooding and watering, were surprised by the visit of eight men and aboy. They were unarmed, except that one of them carried a stick, pointedat the end. They were of middling stature, slender, and naked. Ondifferent parts of their bodies were ridges, both straight and curved, raised in the skin: the hair of the head and beard was smeared with redointment. They were indifferent to presents; they rejected bread, andthe flesh of the sea elephant, but accepted some birds, which theysignified their intention to eat. Cook prevailed on a native to throwthe stick at a mark thirty yards distant, but he failed after repeatedtrial. The Otaheitian, Omai, [1] to exhibit his skill, fired off amusket: at the report they fled, and so great was their fear, that theydropped the axe and knives they had received. 

A dead calm retarded the departure of the vessels next day, and theparties sent ashore, were accompanied by Cook. About twenty natives soonjoined them: one, who was conspicuously deformed, amused them by thedrollery of his gestures, and the seeming humour of his speeches. Some, wore three or four folds round the neck, made of fur; and round theancles a slip of the skin of kangaroo. Captain Cook returned to thevessel, leaving Lieutenant King in charge: soon after, the women andchildren arrived: they were introduced by the men to the English. Thechildren were thought pretty; of the beauty of the women the account wasnot equally favorable. They rejected with disdain the presents andfreedoms of the officers, and were ordered by an elderly man toretire--a command, to which they submitted with reluctance. 

Dr. Anderson, the surgeon of the _Resolution_, describes the natives asa mild, cheerful race, with an appearance less wild than is common tosavages. He considered them devoid of activity, genius, andintelligence; their countenance, he delineates as plump and pleasing. 

[1792. ] But though later on the spot, assisted by the remarks ofprevious observers, Labillardière, of all, was the most assiduous andexact. The naturalist of D'Entrecasteaux's expedition, he saw mankindwith the eye of a philosopher. He was pleased to examine the passions ofa race, least of all indebted to art; yet the prevailing notions ofCitizen Frenchmen, perhaps, gave him a bias, when estimating anuncivilised people. He left Europe when the dreams of Rousseau were thetoys of the speculative, and before they became the phantoms of thepopulace. His observations were, doubtlessly, correct; but his groupingis artistic, and not without illusion. In his work, the Tasmanian blacksappear in the most charming simplicity, harmless and content; anextraordinary remnant of primitive innocence. At first they fled fromthe French: an old woman they chased, took a leap which, if credible, was terrific; she dashed over a precipice forty feet high, and was lostamong the rocks!

Labillardière having landed, with several companions, proceeded towardsa lake; hearing human voices, they followed the direction of the sound;the sudden cry of the natives induced them to return for their arms. Then proceeding towards the woods, they met the tribe--the men and boysin a semicircle, with the women and children behind. Labillardièreoffered a piece of biscuit, and held out his hand, which a savage chiefaccepted, and smiling drew back one foot, and bowed with admirablegrace. He gave to the French a necklace, which he called _cantaride_, formed of wilk shells, in exchange for articles of dress, a poll-axe, and knives. 

The proportions are worth remarking: in a party of forty, there wereeight men and seven women; of forty-eight, there were ten men andfourteen women. Thus the females were most numerous, and the risinggeneration nearly one-third more than the adults. They were generallyhealthy; one only suffered from cutaneous disease, one from a defect ofvision, and several from slight wounds. It will be told, that a sadreverse was afterwards their fate. The French, supposing they subsistedon fish, expected to find leprosy, and concluded, not that other foodwas procured, but that the doctors were mistaken. The women and girlswere the fishers: they plunged amidst sea weed, and raised the shellfish from rocks by the spatula. They killed the cray fish beforelanding. They could endure the water twice as long as Europeans. In theintervals of diving they roasted their spoil, and warmed themselvesbetween two fires; sometimes feeding their children, or themselves. Thusthey continued alternately fishing and cooking, until all weresatisfied. 

The men seemed indolent; nothing could persuade them to dive: theysauntered about, with the right hand passed behind, and holding the leftfore-arm in its grasp. As the elders moved with gravity on the beach, the girls romped and raced with the seamen--repelling, withoutresenting, their rudeness. They were sprightly and voluble, and chattedon without intermission. On one occasion they were missed, when, turningto a tree, they were seen perched naked in the branches, about nine feetfrom the ground: an interesting group, remarks the naturalist. 

In the incidents of their social life, he saw their character. Thechildren cried! their mothers soothed them with those maternal caresses, which art has not improved. They held them to be decorated by theFrench, and placed them in their arms. A father corrected a little boyfor the ancient diversion of throwing stones at another, and the culpritwept! A lad concealed a basket from a seaman, to amuse by his perplexityand its dexterous replacement! The clothes given by the French they hungon the bushes, but they valued the tin ware, the axes and saws. Theliberality of their visitors induced them to take more than was given;but they seemed unconscious of offence, and whatever was required theyrestored without reluctance. A girl, refusing the French a skin theydesired to possess, retreated to the woods: her friends were distressedat her ill-nature. She, at last, complied. A pair of trousers were givenin exchange; she stood between two Frenchmen, leaning on the shoulder ofeach, while they guided her errant legs into these novelties of Europe. 

Their refusal of food, for themselves and children, was from distasterather than distrust; and they only discovered suspicion, when theFrench penetrated the country. They posted a guard, to give notice ofany movement, and when an attempt was made, it was interrupted by theloud screams of the women, and the entreaties of the men. They resistedthe intrusion with displeasure, and even menace. 

On other occasions, they tended on the French with great kindness, removing fallen branches from their path; and when the ground wassloping and slippery, they walked beside them, and held them up. [2] Theyrested every half mile, saying _medi_, "sit down;" then rising again, after a few minutes' rest. 

They themselves first saw the French: who, having travelled severalmiles, lay down for the night near a brook: their fires betrayed them. Anative, next morning, pointed to their resting place: laid his head onhis hand, and closed his eyes. The good-nature of these people neverlanguished: twice, when the French lost their way, they directed them totheir ships. They welcomed their visits by raising their hands overtheir heads, shouting and stamping on the ground. They greeted them asoften as their wanderings brought them in sight of the vessels, and withthe same friendly sounds bade them adieu. 

[1798. ] We owe to Captain Flinders and Dr. Bass the next description ofthe natives. They were saluted by voices from the hills which border theDerwent; one of these they ascended and saw a man, and two women, who, catching up their baskets, scampered away. The man met them withconfidence: they tried, in vain, to converse with him in the dialects ofNew Holland. They desired him to lead them to his hut; but he hesitated, and moved slowly in the direction to which he had pointed. Consultinghis apparent feelings they desisted, and parted in friendship. This wasthe first man they had seen in the island. His countenance, theydescribe as unusually benignant; his features less negro-like thancommon, and his manners frank and open. He exhibited neither curiositynor fear, nor did he seem attracted by any part of their dress, excepttheir cravats!

Mr. Bass made several expeditions into the country, attended only by hisdogs, and meeting no inhabitants he concluded that their numbers wereinconsiderable. 

The accounts descriptive of native customs, by these authorities, arefull of errors; but they are the errors of inference, not ofobservation: it is useless to repeat, in order to correct them. Thecolonists have possessed better opportunities, and their acquaintancewith aboriginal habits supplies more accurate information, than could beexpected in the volumes of navigators. 

Such as we have given, is their testimony to the social aspect of thenative character: nothing unfavorable is omitted. In a people so gentleand affable, it is difficult to recognise the race afterwards coveredwith sores, wasted by want and vice, or animated with revenge; and whofilled the colony with disgust and terror. 

FOOTNOTES:

[Footnote 1: This Otaheitian was returning from England to his nativecountry. In London, he was the lion of the day: he was introduced to thefirst circles, and saw whatever in a great city could elevate his ideas:his manners acquired the polish of society. Grenville Sharpe (he whosecured the decision that the soil of Britain gives freedom to the slavethat touches it) endeavoured to improve his moral sentiments. He pointedout the practical injustice of polygamy. Omai replied, "one wife, good--two wife, very good--three wife, very very good;" but he had notmisunderstood the argument. Taking three knives, he put two of them sideby side, and the other at a distance, and referring to a nobleman whohad left his wife for a mistress, said--"there Lord A. , and thereMiss ----; and there Lady A. Lie down and cry. " (Life of G. Sharpe. )

But the moment he landed, he resumed all the customs of his countrymen, and employed his knowledge of arms to destroy them. This was the onlytrace of his civilisation which survived the voyage: he had seen regalgrandeur and mercantile power, but he retained his preference for thehabits of his then heathen race. ]

[Footnote 2: "But these good savages took hold of our arms, andsupported us. "]

SECTION II. 

The party dispatched from Sydney, to take possession of the island, andwho landed in August, on their arrival at Risdon saw nothing of thenatives. A solitary savage, armed with a spear, afterwards entered thecamp, and was cordially greeted. He accepted the trinkets which theyoffered, but he looked on the novelties scattered about withoutbetraying surprise. By his gestures they inferred that he dischargedthem from their trespass. He then turned towards the woods, and whenthey attempted to follow, he placed himself in the attitude of menace, and poised his spear. 

On the 3rd of May, 1804, during the absence of Lieutenant Bowen, theofficer in command, the first severe collision occurred. Five hundredblacks, supposed to belong to the Oyster Bay tribe, gathered on thehills which overlooked the camp: their presence occasioned alarm, andthe convicts and soldiers were drawn up to oppose them. A discharge offire-arms threw them into momentary panic, but they soon re-united. Asecond, of ball cartridge, brought down many; the rest fled in terror, and were pursued: it is conjectured that fifty fell. 

The accounts of this affair differ greatly. By one party they are saidto have assailed a man and woman living in advance of the camp, and tohave burned their hut. William White, who saw them earliest, and gavenotice of their approach, declared they then exhibited no hostility, andwere not near the hut before the collision. They came down in asemicircle, carrying waddies but not spears; a flock of kangaroo hemmedin between them. The women and children attended them. They camesinging, and bearing branches of trees. 

This curvilinear mode of marching was noticed by Labillardière: theyprobably assembled for a corrobory. "They looked at me, " said thewitness, "with all their eye;" but they did not attempt to molest him. 

For the British, it may be alleged that customs, afterwards understood, were then less known. They were ignorant of the language and temper ofthe blacks, and the preservation of the settlement was the firstmilitary duty of Lieutenant Moore, who directed the fire. The action wassudden, and perhaps no statement is exact. The natives were provoked, bythe occupation of their common place of resort, and it is no discreditto their character, if even they attempted to expel the intruders. 

A current report, respecting a conflict on the site of the hospital atHobart Town, received a curious exposition from the Rev. Mr. Knopwood. It was a tradition, that a party of blacks assembled there, weredispersed by a volley of grape shot, and that several fell. Human bonesand grape shot were found; but the reverend gentleman stated that thebones were the remains of persons who came from India, and who wereburied there; and that the shot were accidentally dropped when thestores, once kept there, were removed. 

The consequences of these events were lamentable. The losses of thenatives, in their ordinary warfare, rarely extended beyond two or three;but the havock of their new enemy awakened irremediable distrust. Thesorrows of a savage are transient: not so, his resentment. Every wrongis new, until it is revenged; and there is no reason to suppose theseterrible sacrifices were ever forgotten. 

In these collisions, no British subject had fallen; but in thesucceeding year (1805) a prisoner of the crown was speared, whilefollowing a kangaroo; and two years after (1807) another, named Mundy, met with a similar fate. The black had received presents from his hands, and approaching him in pretended amity, trailed between his toes thefatal spear. These facts are given to illustrate the cruelty of thenatives; and it may be presumed that, from the slaughter of Risdon, notmany could be added to the number. These were, however, the acts ofindividuals, and without concert or much premeditation. It isconjectured that the first European who perished was Mangé, the surgeonof the _Geographé_, in 1802. The attack was unprovoked, and it is saidunavenged. 

The scarcity of food compelled the British to adopt a mode of lifesomewhat resembling that of the aborigines. Germain, a marine, wasemployed, from 1805 to 1810, in procuring kangaroo, which he huntedwith dogs: he but rarely carried a gun, slept on the ground in thesummer, and in the winter on the branches of trees. During hiswanderings, he often encountered the natives, but they offered noviolence; and he stated, as the result of his experience, that untilbushrangers excited them by cruelties, "there was no harm in them. " Thedaughter of a settler of 1804, was left sometimes in their care; theirkindness was among the recollections of her childhood. 

The prisoners were dispersed. The government, unable to supply thecommon necessaries of life, gave them license to forage: labor could notbe exacted, nor discipline enforced; and when circumstances altered, itwas difficult to recall the wanderers, or to recover authority so longrelaxed. In their intercourse with the natives, licentious and crueloutlaws committed every species of atrocity which could be suffered bythe weak in contact with the wicked. 

Lord Hobart, under whose auspices the colony was planted, directed theLieutenant-Governor to conciliate the natives: to preserve them fromoppression, and to encourage them to resort for protection to hisauthority. Their natural rights were recognised, but unhappily noprovision was made to define their interest in the soil of theircountry. Their migratory habits were unfavorable to officialsupervision, and the success of humane suggestions depended on thedoubtful concurrence of ignorant cotters and wandering shepherds. 

In 1810, an order was issued by Governor Collins, forcibly describingthe wrongs of the natives, and the revenge to which they were prompted. They had pursued an officer, residing at Herdsman's Cove, and failing tocapture him they fired his premises. Two persons, George Getley andWilliam Russell, had disappeared: it was supposed, the victims ofresentment, awakened by the "abominable cruelties and murders" (such isthe language of Collins) perpetrated by the white people. This Russellwas himself notorious for skill in their torture--the subject of hisboast. The government declared that persons who wantonly fired on thenatives, or murdered them "in cold blood, " should suffer the lastpenalties of the law. [3]

The official treatment of the aborigines was not always judicious, orcalculated to impress the whites with the notion of civil equality. Anative, whom it was deemed desirable to detain, was fettered by ColonelCollins. Notwithstanding, he escaped, and was seen long after with theiron on his leg; nor can the punishments inflicted for crimes committedagainst the blacks, unusual as those punishments were, be given in proofthat both races were valued alike. It is not, however, true, thatcruelty was always unpunished. A man was severely flogged for exposingthe ears of a boy he had mutilated; and another for cutting off thelittle finger of a native, and using it as a tobacco stopper. [4]

The natives continued to shun the settlement for many years, but theirconfidence was easily renewed by gentle treatment; it was, however, capricious, or more probably it was soon shaken by insult, unknown toall but themselves. It was desired by Colonel Davey to establish afriendly intercourse, and he instructed the men to invite the tribesthey might encounter. A servant of this governor, employed at South Arm, suddenly came on a tribe of thirty-six persons. A native woman, livingwith a white, willingly went forth to communicate the wishes of theGovernor. They consented to visit Hobart Town, to which they weretransferred by water. Davey endeavoured to win their confidence, andthey remained about town for weeks. Having received some offence fromworthless Europeans, they retreated to their woods, and never returned. This party attempted to reach Bruné Island, and all were drowned, exceptone woman. 

Mr. Knopwood remembered that, in 1813 and 1814, the natives were fed athis door. A number of children were forcibly taken from them, and theydisappeared from the camp. 

Colonel Davey bears witness to the continuance of cruelty, which hecensured in the strongest language of indignation. Certain settlersestablished a species of juvenile slavery: they followed up the mother, retarded by the encumbrance of her children, until she was compelled inher terror to leave them. Well might the Governor declare, that crime soenormous had fixed a lasting stigma on the British name. Theseprovocations produced their usual consequences: by spearing cattle, andother acts of hostility, a tribe at the Coal River revenged the robberyof their children; surely, a slight retaliation for such incrediblewickedness. 

An expedition to Macquarie Harbour, in 1817, discovered a tribe hithertounknown. They received the first visit with the usual friendliness--afeeling which was, however, of short duration. 

The Oyster Bay tribe are mentioned. They had begun to exhibit thatspirit of hostility which made them a terror to the colony, and armedthe entire community against them. They had speared one man, and killedanother; but the origin of this feeling is distinctly stated: a nativehad been shot in an expedition to capture some aboriginal children. 

Sorell prolongs the testimony that tells so mournfully in behalf of thenatives. He speaks of firing on the blacks as a _habit_; thatchild-stealing was practised in the remoter districts; that settlers hadadopted groundless prejudices against the unfortunate people, as alikeincapable and unworthy of conciliation; that they offered no seriousdiscountenance to the cruelty of their servants. Thus several whites hadperished, and cattle had been speared, in revenge. [5] He reminded thecolonists that, as their flocks increased and the shepherds extendedtheir range, this obvious method of retaliation, then rarely adopted, would multiply the loss both of property and human life. The danger wasproved by examples:--In 1819, a collision occurred; a man on each sidekilled, and cattle and sheep were speared; but, the account continues, the stock-keepers detained and maltreated the wife of a chief. Either onthis, or some such occasion, they were pursued by a party of the 48thregiment, and seventeen were slain. He maintains very strenuously theopinion of his predecessors, that the aborigines were not often theaggressors, and that the injuries they inflicted were committed underthe impulse of recent provocation. 

Sorell provided for the native children, except those committed toprivate hands by their parents, or retained with the express sanctionof himself. There is no reason to doubt, that several of these wereorphans, and adopted and reared with the utmost humanity. Among theexpenses of the times, it is gratifying to observe one item, in therental of a house for the entertainment of the aborigines. Thesentiments of Governor Sorell are honorable to his character, and cannotbe doubted; but we are startled to find, that when charges, so solemnlyimputed, must have been founded upon particular facts, no equalpunishment seems to have overtaken the crimes proclaimed. The governmentdisapproved of oppression, but it was either too weak, or too indolent, to visit the guilty. 

Mr. Commissioner Bigge, who came to the colony 1820, in his voluminousreports, rarely alludes to the natives of these seas. Those of VanDiemen's Land engaged a very small share of his attention, and in twobrief paragraphs he describes their character, and disposes of theirclaims. He remarks, that an act of unjustifiable hostility had awakenedtheir resentment, passes over an interval of sixteen years, andexpresses his conviction that no obstacle they could oppose tocolonisation, need excite alarm. It is probable, that his instructionswould but briefly touch on questions relating to these children of thesoil; but considering that the notices and orders of government musthave apprised him of their sufferings, he dismisses their case withastonishing indifference. [6]

Several Wesleyan missionaries visited this island during the years 1821and 1822. The natives attracted their notice: they described, withbrevity, their moral and social state; but they did not intimate thesmallest apprehension of their malice. 

For several years reference to the aborigines is of rare occurrence. Theyear preceding the first series of outrages, furnished no incident worthcontemporary record. We are reminded, however, that they survived, by anact of equestrian audacity. Mr. Risely, looking down Allan Vale, saw anaked girl dashing off at full speed, on a valuable horse, which shebridled by the tether--the first of her race ever known to gallop. Horsemen pursued her for two days, without overtaking her. 

In those numerous publications, which precede 1824, theaborigines are always represented as originally friendly, and onlydangerous when excited by cruelty. It was the boast of the times, thatthe whole island could be crossed in safety by two persons armed withmuskets; and Curr, who wrote latest, does not even mention theirexistence. It is difficult to imagine more decided proof, that at thistime the depredations of the blacks were neither numerous norsanguinary. 

It is the general opinion, however, that the remonstrances of Sorell hadbeen attended with some success, and that the settlers and stock-keeperswere not unimpressed with his predictions of a more concerted andcontinuous revenge; nor can we doubt that many persons of humanity evenexaggerated this peril, to restrain those brutal natures which aresensible only of personal risk. 

FOOTNOTES:

[Footnote 3: "The natives, who have been rendered desperate by thecruelties they have experienced from our people, have now begun todistress us by attacking our cattle. Two were lately wounded by them atCollins-vale; and three, it is reported, belonging to George Guest, havebeen killed at Blackman's Bay. As this tribe of natives have hithertobeen considered friendly, the change in their conduct must be occasionedby some outrage on our part, No account having been received up to thistime of William Russell and George Getley, there can be no doubt of themiserable death they have been put to. This unfortunate man, Russell, isa striking instance of divine agency, which has overtaken him at last, and punished him by the hands of those very people who have suffered somuch from him; he being well known to have exercised his barbarousdisposition in murdering or torturing any who unfortunately came withinhis reach. "--_The Derwent Star, January 29th, 1810. _]

[Footnote 4: Eye-witness. ]

[Footnote 5: "ORDER. --From the conduct of the native people, when freefrom any feeling of injury towards those who have held intercourse withthem, there is strong reason to hope, that they might be conciliated. Onthe north-eastern coast, where boats occasionally touch, and atMacquarie Harbour, where the natives have been lately seen, they havebeen found inoffensive and peaceable, _and they are known to be equallyinoffensive, where the stock-keepers treat them with mildness_. "--March19, 1819. ]

[Footnote 6: Dual, mentioned by Bigge, was transported from Sydney, forchopping off the right arm of his wife: he said she should "make no more_dough-boy_. " The whites persuaded the natives, that the lighter hue oftheir half-caste children resulted from the too free use of flour. ]

SECTION III. 

It would be useful to mankind, to trace the causes which led to thatlong and disastrous conflict, in which so many lives were sacrificed, and a people, all but a fading fragment, became extinct. Among thosementioned by the government, was the admission into the colony of Sydneyblacks, and the ascendancy which one of them acquired. 

The emigrants of 1822 remember a number of natives, who roamed about thedistrict, and were known as the "tame mob;" they were absconders fromdifferent tribes, and separated from their chiefs. They often enteredthe town and obtained bread, tobacco, and even rum from the inhabitants. Their importunity was troublesome, and their appearance offensive: theeruptive disease which covered their skin, especially on the legs, mostexposed to the heat of their fires, added to their squalor andwretchedness. They are thus described by the Rev. Mr. Horton: he sawthem at Pittwater, crouching round their fires, and entirely naked--acompany of demoralised savages. 

Musquito became their head. He was transported from Sydney to thiscolony for the murder of a woman. For some time he acted as astock-keeper; he was then employed as a guide, in tracking thebushrangers, having the keenness of vision, and almost canine instinct, by which in the slightest traces he discovered a certain clue. For thisservice, it is said, he was promised restoration to his country--apromise, unhappily, forgotten. He was odious to the prisoners, whotaunted him as a _nose_ for the hangman; his resentful nature could notbrook the insult, and he struck down a convict who thus reviled him. Hewas then taken into custody; in alarm, he escaped to the bush. Themuscular strength and superior skill of this man were supposed to haverecommended him to the natives as their chief. He was seen, byRobertson, to cut off the head of a pigeon with a stick, while flying. Musquito answered Mr. Horton with intelligence, when that gentlemanrepresented the misery of a vagrant life; he said that he should preferto live like the white man, tilling the ground, but that none of hiscompanions would join him. Before he united with the natives, he wasaccustomed to pursue them with all the virulence of a savage. In companywith a convict servant he would face the darkness, and go out "to stormthe huts" he had seen in the day. On one such occasion, in spite ofprohibitions, he set out at night; but the natives had observed him, anddecamped, leaving behind them large fires to deceive their enemy. Returning at midnight, he was mistaken for a Tasmanian black; and, butfor discovery at the moment, would have suffered the fate he deserved. 

It was said by Mr. G. Robertson, that the first murders of Musquito werecommitted in self defence. He associated with the Oyster Bay tribe, andhis power over them was great: he even prevailed on them to perform somerude agricultural labor. He had high notions of his own worth: he wouldstalk into the cottages of the settlers, seat himself with greatdignity: his followers, to the number of one or two hundred, patientlyawaiting his signal to approach. 

As the influence of Musquito enlarged, it became more pernicious. He notonly misled his immediate followers, but propagated his spirit. Deeds ofgreat enormity were committed at his direction; several by his own hand. He drew a man from his house at Pittwater, by the _cooey_, and thenspeared him to death. A servant of Mr. Cassidy, and another of Mr. Evans, met a similar fate. In concert with Tom, a Tasmanian black, hebecame a terror to the colony. Their parties moved in large bodies, andacted under a common impulse. In carrying on their depredations, theirtactics aimed at military unity and skill. A party of sixty appearedbefore the premises of Mr. Hobbs, at the Eastern Marshes (1824): theywatched the servants deliver their fire, and before they could reloadtheir muskets, they rushed upon them, and by weight of numbers drovethem off the ground. A few days after, the natives again appeared: asmall party came forward first, and reconnoitred; then returning to ahill, they made signals to a body of a hundred and fifty, in an oppositedirection. Both divisions bore down on the establishment. The Englishwere now well armed, and maintained the post for five hours; but escapedwhen they saw the natives prepare to surround the dwelling with fire. Overcome with terror, for several days they refused to return, and theproperty was left to its fate. Mr. Hobbs was specially unfortunate: hishouse lay in the track, both of the natives and bushrangers, and thricein one season his premises were pillaged. 

The arrest of Musquito became an object of importance, and ColonelArthur, then Governor, offered a reward for his capture. Teague, anaboriginal boy, brought up by Dr. Luttrel, was dispatched with twoconstables. They overtook Musquito at Oyster Bay: he resisted, but wasshot in the groin, and being unarmed was captured, with two women, andconveyed to Hobart town. 

It was resolved to bring him to justice. By the care of Dr. Scott he wascured, and transferred from the hospital to gaol. Black Tom wassubsequently taken, and both were tried for the murder of WilliamHolyhoak and Patrick M'Arthur. Of the last of these offences theTasmanian was found guilty, but Musquito was convicted of both. 

Marmoa, an Otaheitian, was killed with Holyhoak: Musquito had lingeredin their neighbourhood, and watched their movements for days; he hadvisited their hut, and received provisions from their hands; but on themorning of the murder he purloined the guns and removed the dogs. Mamoafell instantly; but the Englishman endured the misery of long pursuitand several wounds, and dropped at last, pierced through and throughwith spears. 

A murder, ascribed to black Tom, for which he was not put on trial, displayed extraordinary perfidy. This black went to the residence of Mr. Osborne, of Jericho, demanding bread. His appearance excited greatalarm: Mrs. Osborne was there alone; he, however, left her uninjured. Next morning her husband ran into the house, exclaiming, "the hill iscovered with savages. " He stood at the door on guard, and endeavoured tosoothe them. "What do you want--are you hungry?" "Yes, white man, " saidTom. Mrs. Osborne requested them to put down their spears. Tomconsented, if the gun were laid aside: this was done. On returning thesecond time with food, Osborne missed his musket, and then said, "I am adead man. " Two blacks came forward, and, as if in friendship, each tookhim by the hand. At that moment, a savage behind him thrust a spearthrough his back; he uttered a loud shriek, sprang convulsively forward, and fell dead!

Such were the men who, in February, 1825, suffered death with sixEuropean criminals. They were unassisted by counsel, and perhaps theevidence was not fully understood by them. It is useless, however, toextenuate their treachery: and their execution, whether politic or not, can scarcely be accounted unjust. But, unhappily, these deeds ofbarbarity were not left to the vengeance of the law. The colonists, ofhigher grades, preserved the distinction between the guilty and theinnocent, which it is the object of public trials to establish; but thelower orders, and especially the dissolute and the worthless, justifiedhatred to the race, and finally, systematic massacre by the individualacts of such men as Musquito. 

It is instructive, if not amusing, to observe how nicely the theory ofsome philosophers and the sentiments of the lowest European robbers, meet together; how, what one predicts, the other executes. The supposedeternal laws of nature are accomplished by the wild license of anEnglish savage. It became the serious conviction of stockmen, thatblacks are brutes, only of a more cunning and dangerous order--animpression which has long ceased in this colony, but which stillflourishes in Australia Felix. 

Bent, the proprietor of the only newspaper published at that time, referring to the outrages of the hostile blacks, seemed to dread thesedoctrines. With great consideration he detaches Musquito's guilt fromthe tribes in general: a distinction by no means trite or universallyrecognised. "Until corrupted by the Sydney natives they were, " heasserts, "the most peaceable race in existence. " These suggestionsdeserve more praise than the highest literary skill. 

The disposition to conciliate the blacks eventually contributed to thesame disastrous consequences. A tribe, of sixty, appeared in HobartTown, November, 1824: they came in a peaceable manner, their visit wasunexpected, and its cause unknown. On the first notice of theirapproach, the Governor went forth to meet them: he assigned three placesfor their fires, supplied them with food and blankets, and appointedconstables to protect them. They departed suddenly, and on their journeyattempted to spear a white man. Whether the abrupt retreat resultedfrom caprice or distrust, it did not prevent a similar visit toLaunceston in the following December. There were 200 in this party. Whencrossing Patterson's Plains they were wantonly fired on by the whites, and in their return some of their women were treated with indescribablebrutality. [7] When they reached the Lake River, two sawyers, who hadnever before suffered molestation, were wounded by their spears. Therecent cruelty they had experienced fully accounted for their rage. 

It was the anxious desire of the Governor to establish a nativeinstitution, deriving its funds partly from the public purse and partlyfrom private benevolence. A code was prepared by the Rev. Messrs. Bedford and Mansfield; and a public meeting held in the church of St. David, the Governor presiding, approved the regulations; but at thattime the colony was distracted by the ravages of robbers, and itsfinancial resources were depressed: and the prevailing opinion thatcivilisation was impossible, still further embarrassed the project, andconfined the hopes of the most sanguine to the rising generation. Mr. Mansfield rested his expectation rather on the power of God than uponhuman probabilities. 

The civilisation of a barbarous people is, perhaps, impossible, in thepresence of organised communities of white men. The contrast is toogreat, and the points of contact too numerous and irritating. Never havecolonists civilised aborigines; but the failure is easily explained, without recourse to egotistical superstition, that the white man'sshadow is, to men of every other hue, by law of Heaven, the shadow ofdeath. 

The children of aborigines, adopted by the whites, when they grew tomaturity, were drawn to the woods, and resumed the habits of theirkindred. A black girl, trained in Launceston, thus allured, laid asideher clothing, which she had worn nearly from infancy. It was thus withmany: a sense of inferiority to the youth about them, united with themysterious interest which every heart feels in kindred sympathies, issufficient to account for these relapses. Examples will crowd upon thememory of the reader, in which the polish and caresses of the Britishcapital did not disqualify the savage to re-enter with zest on thebarbarous pursuits of his forefathers. 

The desire for sugar, bread, and blankets, could only be regularlygratified by an abandonment of migratory habits. 

When remote from the government stores, the natives still coveted whatthey could not obtain, but as spoil. They had learned to prefer articlesof steel to the crystal, and they acquired an imperfect mastery offire-arms. Some were, however, exceedingly expert; a chief, conciliatedby Robinson, brought down an eagle hawk, with all the airs of apractised sportsman. Thus their untutored nature could not resist thetemptation created by new wants: they watched the hut of thestock-keeper, which they stripped during his absence; till, growing moredaring, they disregarded his presence; and even the populous districts, and establishments of considerable force, were not safe from theirdepredations. 

At the time when they first became formidable, armed bushrangers scouredthe colony; sometimes the allies of the natives, much oftener theiroppressors. [8] Outlaws themselves, they inculcated the arts of violence. The improved caution and cunning of the natives, so often noticed by thegovernment, were ascribed, in no small degree, to the treacherouslessons of degraded Europeans. But when the bushranger did not employthese people as the instrument of his designs, by fear or cruelty, oftenhe destroyed them: thus Lemon and Brown set up the natives as marks tofire at. The irritated savage confounded the armed, though unoffendingstock-keeper, with his marauding countrymen, and missing the object ofhis premeditated vengeance, speared the first substitute he encountered. This conclusion is amply supported by facts. The common principles whichaffect the minds of nations towards each other; the reprisals, which arevindicated in civilised war, only differ in circumstance. A thousandinjuries, never recorded, if stated in a connexion with these results, would enable us to see how often the harmless settler was sacrificed topassions, provoked by his robber countrymen. 

In 1826, a remarkable instance was brought under the notice ofgovernment. Dunne, who at length met the punishment he deserved, seizeda woman, and forced her to the hut of Mr. Thompson, on the Shannon, where he detained her with violence; she, however, escaped to herpeople, and roused them to avenge her. Dunne, next morning, suddenlyfound himself in their midst: his musket protected him, and after hoursof such torture as his conscience and fears might inflict, he managed toget off. On the following day, the woman led her tribe, vociferatingthreats, to the hut in which she had been maltreated, where theymassacred James Scott, a man with whom they had lived in friendship formany years, and who, when warned a few days before to be on his guard, smiled at the notion of danger. 

The treatment of some of these women was such, as no one can be expectedto credit, until prepared by extensive acquaintance with humandepravation. A monster boasted that, having captured a native woman, whose husband he had killed, he strung the bleeding head to her neck, and drove her before him as his prize. Had not this fact been guaranteedby formal enquiry, it could only have been admitted as a specimen ofbrutal gasconade, and in proof of how much a cruel fancy could exceedthe actual guilt of mankind. It sometimes happened, that an unfortunateservant would receive the spear intended for his predecessor in the sameemploy, to whom it was justly due. Among the whites, there were mendistinguished for the malicious vigour with which they tracked andmurdered the native people. A lad, on his arrival from England, was sentinto the interior, and warned never to wander from his dwelling; but heforgot the danger he did not see, and straying a short distance, he wasmurdered. He had never injured his destroyers; but then he lived on thelands just before in charge of a villain, and who, like a Roman warrior, took his name of "Abyssinian Tom, " from the locality of his exploits. 

The infliction of judicial punishments, interrupted the friendlyintercourse of the tribe that visited Hobart Town, and who wereencouraged to resort to Kangaroo Point, where huts were erected fortheir use. The arrest of two of their number filled them withapprehension. The aborigines, Jack and Dick, were executed on the 16thSeptember, 1826, an event which terminated all present hope of amicablerelations. The murder of a shepherd at Oyster Bay, Great Swan Port, wasproved against them by the evidence of convict stock-keepers; a topic ofcontemporary complaint: but the courts regularly relied on the sameclass of witnesses, and in this case there is no special reason forsuspicion. The fact was not questioned: the culprits had been treatedwith kindness by the government, and efforts had been made by ColonelArthur to acquaint them with the obligations of British subjects. Heasserts that, by personal interviews, he was fully convinced that theyunderstood the benevolent views of the crown. One of these blacks was sofar civilised, as to be admitted to the sacrament of the English church. His companion was a youth, and denied his guilt. The old black wascarried to the scaffold, and resisted the execution: the younger, disentangled his arms, and struggled for his life. It was, indeed, amelancholy spectacle. Successive Governors had witnessed crimes againsttheir race, atrocious and unpunished: hundreds had fallen unavenged bythat public justice which treated them as murderers. 

On the day of their execution, the Governor addressed the colony. Hevindicated this act of severity, as requisite to intimidate the blacks;but he solemnly pledged his government to equal justice, and that thelaw should take its course on individuals of either race, who mightviolate "the common law of mankind. "

The discussions which followed, proved the division of public opinion onthe propriety of this measure. It was not clear, to many, that thenatives were legally accountable, or that their punishment was just. Grotius and Vattel were quoted; writers, who have discoursed upon therelations of man, and distinguished the felon from the enemy. It was, however, simply a question between judicial and private vengeance: theinterference of the court could alone prevent a general proscription. Inthe heat of anger, no provocation would be weighed--no palliativeadmitted; and the innocent would perish with the guilty. [9]

The impression on the aborigines was unfavorable: they saw only thedeath of an unfortunate countryman, and, perhaps, the last act of thewhite man's warfare. Its moral influence was not great on either race:it neither softened the resentment of the British, nor intimidated theblacks: it was a mere variety in the forms of destruction. The brotherof one of these men led the Oyster Bay tribe, and prompted the murderswhich, in 1830, filled the colony with wailing. 

The rapid colonisation of the island from 1821 to 1824, and thediffusion of settlers and servants through districts hithertounlocated, added to the irritation of the natives, and multiplied theagents of destruction. Land unfenced, and flocks and herds moving onhill and dale, left the motions of the native hunters free; but hedgesand homesteads were signals which even the least rationality could notfail to understand, and on every re-appearance the natives found somefavorite spot surrounded by new enclosures, and no longer theirs. 

The proclamations of the government assumed the fixed relations of thedifferent tribes to particular districts. Oyster Bay and the Big Riverwere deemed sufficiently precise definitions of those tribes, exposed topublic jealousy and prosecution. It is true, they had no permanentvillages, and accordingly no individual property in land; but theboundaries of each horde were known, and trespass was a declaration ofwar. 

The English, of modern times, will not comprehend joint ownership, notwithstanding the once "common" property of the nation has been onlylately distributed by law. The rights of the aborigines were neverrecognised by the crown; yet it is not less certain that they saw withintelligence the progress of occupation, and felt that the gradualalienation of their hunting grounds implied their expulsion andextinction. 

Native topography is, indeed, limited; but it is exact. Every mountain, valley, and river, is distinguished and named. The English have oftenbeen indebted to these primitive surveyors, for guidance through theforests which they came to divide. The tribes took up their periodicalstations, and moved with intervals so regular, that their migrationswere anticipated, as well as the season of their return. The personemployed in their pursuit, by the aid of his native allies, was able topredict at what period and place he should find a tribe, the object ofhis mission; and though months intervened, he found them in the valley, and at the time he had foretold. Expectations of this sort could only bejustified by the regularity of their movements, and the exact knowledgeof the guides. [10] Nor were they indifferent to the charms of a nativeland. A visitor enquired of a native woman at Flinders, whether shepreferred that place to several others mentioned, where she had lived attimes, and she answered with indifference; but when, to test herattachment to her early haunts, the querist said, "and not Ringarooma?"she exclaimed, with touching animation, "Oh yes! Ringarooma!Ringarooma!"

A chief accompanied the commandant to Launceston in 1847. At his ownearnest request, he was taken to see the Cataract Basin of the SouthEsk, a river which foams and dashes through a narrow channel ofprecipitous rocks, until a wider space affords it tranquillity. It was astation of his people; precisely the kind of spot which gypsies, on the"business of Egypt, " would choose for their tents. As he drew nigh, hisexcitement was intense: he leaped from rock to rock, with the gesturesand exclamations of delight. So powerful were his emotions, that the ladwith him became alarmed, lest the associations of the scene shoulddestroy the discipline of twelve years exile: but the woods were silent:he heard no voice save his own, and he returned pensively with his youngcompanion. These examples shew, that the native was not an indifferentspectator of that rapid occupation, which must have appeared prodigiousto scattered tribes. 

A further cause of exasperation, consequent on the preceding, was thedestruction of game. The extent to which it was carried was enormous. The skin of the kangaroo sold for a few pence, was the perquisite of thestock-keepers, and long the chief object of their daily enterprise. Their rugs, their clothing, were composed often of these spoils, and thepursuit did not slacken until the persecuted animal retired. Jeffery, describing the field sports of his day (1810), tells us that flocks ofemu and kangaroo were found at short intervals, and that a cart might beloaded with their flesh by the sport of a morning; but he remained longenough, to observe a sensible diminution, and proposed limitations bylaw to the havoc of the whites; an idea, subsequently entertained by the_Aborigines' Committee_, which sat in 1830. The dogs, trained to huntthe kangaroo, were at first serviceable to the natives, but they oftenincreased the destruction by their spontaneous ravening. It is observedby a writer of 1827, that forty or fifty would be found within shortdistances, run down by the dogs, and left to rot. 

Thus the food, on which the people depended for subsistence, wasdiminished, and the temptation to rob the settlers was regularlyaugmented at every return. Sir George Arthur, in his letter to theSecretary of State in 1828, notices this topic as a complaint of thenatives against the intrusion of the whites, and seems to admit itstruth; but three years after, he affirms that game was still abundant inthe districts appointed for the tribes. It is, however, to be observed, that he wrote when the blacks, as a people, were dead; and when the highvalue of labor had withdrawn many from the chase; and that he implies alocal, rather than a pervading abundance. As the natives passed throughthe settled districts to the sea shore, if numerous, their requirementswould be great; but, by scattering themselves abroad, to obtain asufficiency, their dangers would increase, and every evening they wouldmuster fewer than in the morning. [11]

Among the causes of enmity, referred to by writers of every period, theabduction of the women by sealers and others, is noticed the earliest, and continued to the last. The sealers were, chiefly, either convictswhose sentences had expired, or such as contrived to escape. In theislands of the Straits, they indulged the boundless license of theirpassions, blending the professions of the petty pirate and thefisherman. A chain of rocks enabled them to rove to a considerabledistance, picking up the refuse of the sea, and feeding on the aquaticbirds which frequented the islets in great abundance. Many, however, perished, with the frail boats to which they committed their lives. Their first stage was known as "Clarke's Island;" from thence they made"Preservation Island:" a succession of rocks formed land marks in theircourse to New Holland, from which many found their way to KangarooIsland, the Ultima Thule of their geography. In these places, theyengaged in sealing; the produce of which they sold to the small crafttrading among them, for guns, spirits, and tobacco. When the season wasover, they retired to the interior, and passed their days in alternateslumber and intoxication. 

So secure were some of these retreats, that they justified theapprehension, that formidable pirates would be trained up in theirlawless and licentious communities. They were perpetually disturbed byviolence. One old man spent thirteen years on an island, alone. Hecultivated a plot of ground, and sold the produce to the boats whichfloated about. Several times robbed of his crops and clothing, by thesecontemptible spoilers, he, at last, was compelled to renounce his rudeindependence. In King's Island, families sat down; but Colonel Arthur, sensible of the great danger of these associations, sent the harbourmaster to the Straits, who arrested absconders, and released nativewomen from slavery. 

By these men, the black women and female children were captured inexcursions to this island, and were liable to the ill-treatment, whichmight be expected from men who regarded them with passion and contempt. They were employed as slaves on some islands, to strip the mutton bird, and in whatever irksome labor was within their capacity. It is said thatone man (Harrison), had fourteen women in his service, whom he floggedwith military severity, and some of whom he put to death. 

Boatswain, an aged woman, stolen in her youth, related the manner of herabduction. She was induced to enter a boat, without suspicion of thedesign, when her captors rowed away, and confined her on an island inthe Straits. She told her treatment, in broken English and expressivepantomime; first spreading forth her hands, as if fastened to the wall;then, with loud cries, gradually becoming fainter, she fell down into apretended swoon: thus describing the mode and severity of her torture. 

These men acquired an extraordinary dominion over the fears of thewomen, sufficient to induce them to dissemble in the presence ofstrangers. Backhouse relates, that two girls, Jumbo and Jackey, pretended, while in the company of their masters, either by silence, orfeigned anger, to resent the proposal to take them away; but when theywere assured that their liberty would be protected, they embraced itwith joy. 

Jeffreys, whose narrative is tinged with romance, depicts the fondnessand contentment of the women in lively colors. Glad to escape thetyranny of their countrymen, they displayed to these amiable white men, warm, though jealous, affection;--whose occasional absence theyregretted, and for whose speedy return they invoked some imaginary deityin plaintive melodies! It is not improbable, that they were sensible ofkindness, but it is very certain that this was not their ordinary lot. Unanimous testimony permits no doubt that they experienced the severity, which men of low intellect, and of fierce and capricious passions, inflict on women of an inferior race. 

The sealers, when they came to the main land, rarely brought theircaptives: they were in danger of losing them. Their fickleness orrevenge, was sometimes fatal: in 1824, a party, engaged in an expeditionto entice the girls of a tribe, took with them one who had a half-casteinfant, and sent her on shore as a decoy. She returned, bringingpromises from her countrywomen to appear the following day; but at thattime the blacks descended in great force, and all the adventurers, except one, were slain. 

The sealers, by the names they gave the women, which were rarelyfeminine, and were sometimes ludicrously absurd, indicated the notionswhich prevailed. However slight their apparent importance, it has beenjustly observed, they betray the low civilisation of the persons whoinvented, and the degraded condition of those who bore them. 

The intercourse of the stockmen was generally confined to the periods ofmigration: sometimes with the connivance, at others, the express consentof the men; but the detention was often compulsory. Dr. Ross found astock-keeper seated on a fallen tree, exhausted with hunger. He hadchained a woman to a log, "to tame her;" but she escaped, with his onlyshirt, which he had bestowed in his fondness. For five hours he hadpursued her, catching glimpses of his shirt through the breaks of theforest: at last, this signal disappeared; and having lost his way fortwo days, he was in danger of starvation. 

Such were the various causes, which combined first to alarm, and then togoad into madness, this unhappy people. They were troublesome, and wererepelled. Wantonly wounded and shot down, they retaliated. Fresh wrongsproduced their kind: at length, every white man was a _guerilla_, andevery black an assassin. The original temper of both parties waschanged. Dread detestation and treachery embittered every mind: even thehumane yielded to the general sentiment. It became a question, whichrace should perish, and every man's verdict was in favor of his own. 

From this, however, it is not to be inferred, that the natives wereoriginally treacherous and cruel. It was stated by the Aborigines'Committee, in the middle of the conflict, that such dispositions werethe substratum of their character, which, though disguised, only waitedfor time and opportunity. The colonists in general, at last, believedthem to delight in blood, by an innate cruelty of temper--to findpleasure in the terrors they excited, and the convulsive agonies of thedying; but the records of mankind are full of such moraltransformations. The Indians of America, we are informed by Dr. Dwight, became corrupt, to a degree "enormous and dreadful: full of malice, cruelty, and murders. " But he himself, elsewhere remarks, that withinhis observation white men, commonly sober, moral, and orderly, onjoining a mob, lost every one of these qualities; and, in a few hours ofexcitement, exhibited more vice than he had witnessed for years. Thecauses of degeneracy are not examined, when its mischief is suffered. Sir George Arthur, in his despatches, asserted that the natives were, and had been, "a most treacherous race, "--a view, which the Committeeadopted: these opinions were afterwards greatly modified; nor would itbe just to admit their truth, without stronger evidence than historyaffords. Among the aborigines, some were distinguished for ferocity:such was a woman who led on the Big River tribe, and who was called byMr. Robinson, the "Amazon. " A few were guilty of the crimes imputed tothe race: and who were often their oppressors, rather than theiravengers. 

Though individuals, undoubtedly, displayed the vices imputed, who willcondemn the natural disposition of a people for actions committed atlone intervals, by solitary assassins and marauders? The English alonecould preserve a record of the past, and after a careful examination noother conclusion is possible, than that whoever continued acts offerocity and cruelty, the impulse and the example were European. 

Dr. Ross, arriving in 1822, passed into the interior, and settled on afarm. He was soon visited by the natives, whom he entertained with theconsideration due to their ignorance and their rights. They had kindledtheir fires in perilous contiguity, and the flames threatened to destroyhis crops. He pointed out his danger, and they instantly combined toextinguish the flame, and transferred their temporary resting place to aspot, from which no harm could be communicated. Dr. Ross stood by, andwatched their cookery, and they offered him a part of their food: hesuffered himself to be amused with their loud merriment, and theirevolutions in the water. They often renewed their visits, and rathercontributed to his safety, by assisting in the pursuit of white robbers:and even when they inflicted dreadful outrages on many others, provokedby extraordinary mal-treatment, they still preserved their kindness forthis amiable man, until they were finally removed to Flinders' Island. 

These incidents were not uncommon:--the cross lights, which seem toexhibit variously the character of a race, but in reality identify thefamily of man. To judge of a people, during a season of extraordinaryexcitement, must tend to erroneous conclusions: thus, when we turn tocontemporary writings, we are amazed at the ferocity of expression--thesweeping and sanguinary appeals, by which they are disfigured; but thisastonishment is corrected, when we examine the incidents they record, and recollect how little qualified men are to reason, when they aredoomed to suffer. So with the native: the delirium of rage, and thetaste for blood, had been produced by causes of long operation; and heappeared to be a fiend full of mischief and spite, marked out by hiscrimes for utter extinction. [12]

FOOTNOTES:

[Footnote 7: The ruffians who maltreated them were, indeed, punishedwith 25 lashes!]

[Footnote 8: Whether from policy or humanity, Michael Howe formed anexception. He did not allow them to be molested, except "in battle;" andhe flogged with the _cat_ one of his comrades, who had broken "thearticles, " by wantonly wounding a native. --Stated by a companion. ]

[Footnote 9: In sentencing Rodger, at Port Phillip, 1842, Judge Willistold him that he had been tried by an intelligent jury; that he couldhave challenged any of them; that to say he had never been in a court ofjustice before, was a common plea with white malefactors, and that heknew as much on the subject as many immigrants. When he was sentenced, the Rev. Mr. Hurst explained to him, that he would be hanged! This wasrequisite, as the judge's address was utterly unintelligible. ]

[Footnote 10: "The natives are tenacious of their hunting grounds, asthe settlers are of their farms, and are displeased when they findhouses upon them. This caused the attack of live stock and huts. "--_R. O'Connor, Esq. _

"When a chart of Tasmania is presented to them, it seems only to embodythe form and dimensions, which their own fancy enabled them tosketch. "--_Tasmanian Journal--Rev. T. Dove. _

"It was a great oversight, that a treaty was not made with the natives;_that_ _feeling of injustice, which I am persuaded they have alwaysentertained_, would have then had no existence. "--_Sir George Arthur'sDespatch to Lord Glenelg_, 1835. ]

[Footnote 11: "The extension of the settled districts upon their usualhunting grounds, has either driven them entirely from them, or removedthe kangaroo. They are quite disappointed of their usual supplies. Wehave never known them to eat the flesh of either sheep orcattle. "--_Courier_, 1830. 

The extent of their consumption, might be inferred from the increaseafter their exit. To preserve their crops, some settlers were obliged toemploy hunters. In 1831, from Bothwell only, 100, 000 skins were sent toHobart Town, bearing a value of £2, 000. ]

SECTION IV. 

The violence of the natives seemed to require some extraordinary meansfor its repression, and (in November, 1826) it was resolved to capturethe leaders, by the usual methods of arrest. The magistrates wereauthorised, by the Governor, when danger was feared, to drive them to asafe distance by force: to repress their attempts at disturbance, bytreating them as rioters; to seize those charged with felonies, whetherknown by marks or by names, or by the denomination of their tribe; andany person was authorised to raise the neighbourhood, on witnessing thecommission of a crime. This notice was renewed the following year, andthe military stationed in the interior, were instructed to render suchassistance as might be necessary, for its practical application. 

But these measures were not attended with much success, and in April, 1828, the natives were forbidden to enter the settled districts of thecolony. They were permitted to pass through them, when on their passageto the shore, provided their chiefs guaranteed their quietness, andpossessed a pass under the hand and seal of the Governor. A line, drawnfrom Piper's River to St. Patrick's Head, separated the regions allottedto them on that side; another, included Tasman's Peninsula; a third, southward of Mount Wellington to the ocean; and the fourth, from theHuon, by Western Bluff, south-west to the sea. Thus the proclamation cutout the centre of the island: a square at the north-west, belonged to the Van Diemen's Land Company, and others; southward, fromBen Lomond, including most of the rivers, plains, and lagoons. Intothese, they were forbidden to intrude. There remained, the forestsof the south-west; the western coasts, where the skies for ever weep;and the barren shores of the north-east. To drive them on these regions was the duty of the forces, and their employment for years. The natives returned regularly with the season, like birds of passage--avengingthe losses of their last retreat: they retired at the usualtime--diminished, but unsubdued. 

In looking at these orders and proclamations, it is impossible to regardthem in any other light than as plans of military operation. That thenatives would surrender to a warrant or a challenge; that they wouldremain in remote regions, from which they had always been accustomed tocome forth; that their chiefs had power to enforce the mandates of theGovernor, or that they would preserve an official document, they couldneither read nor understand--these were contingencies which, thoughdesirable, were certainly not probable. The precise and legal languageof the instruments, provoked much ridicule, and might justify a smile. They were chiefly dictated by a gentleman, whose mental aberration ledto his removal from office. It is, however, difficult to suggest moreexplicit forms, and the announcement of the plans of government was aproper preliminary to their execution. 

It was the desire of the Governor, earnestly expressed, to protect thesettlers, and yet to mitigate their resentment. The use of arms wasforbidden, while other means were untried, and rewards were offered toany person who might venture into communication with the natives, toexplain the objects of the government. They were invited to seek redressof their grievances; and pictures were suspended in the wood, in whichthe white man was represented shooting the native, and the Governorhanging the white. 

These remedies were, however, ineffectual; and in November, 1828, thesettled districts were placed under the protection of martial law. Nineparties, under Messrs. G. Robertson, Batman, and Jorgenson, consistingof seven persons each, and assisted by the military when requisite, wereemployed to enforce the proclamation. Mr. Anstey, the magistrate, directed the operations in the centre of the island, and volunteers notunfrequently joined in the repulsion or pursuit of this unhappy people. 

The celebrated chief, Eumarrah, was captured by Mr. Gilbert Robertson, in the Eastern Marshes, in 1828. This euphonius name, which so intereststhe ear, it is said, was a corruption or improvement of the name of acolonist, Hugh Murray, and adopted by the savage. A strong party, consisting of military and constables, surrounded the hut, in which thischief and others were sheltered. Five furious dogs rush towards Mr. Robertson, the foremost of the party: having fired off his piece, andseized a lad scrambling away, by him he was directed to a sheet of bark, under which Eumarrah was concealed. While prostrate, a shot was fired athim, which inflicted a flesh wound, and the musket of a soldier wasbroken by beating him. Such is Robertson's indignant account of hiscapture. With the chief, three others, Jack, Dolly, and Jemmy, weretaken: the portrait of the last has rather an innocent expression, andhas been honored with publication. This party, removed first toRichmond, and then to Hobart Town, soon appeared reconciled to theircaptivity: all, but Eumarrah. He was pensive and reserved, and, for atime, resented his bondage. It is said, the outrages he had committed, would have forfeited his life, had not his captor earnestly maintainedthat he was a prisoner of war; and that to put him to death, would be toequal his crimes. 

The expeditions were attended with the same general incidents, and itwould be tedious to multiply examples. The number of prisoners waslamentably disproportioned to the many that perished. To identify aparticular offender was impossible, nor was it of much importance, sincethe natives now were animated by one spirit. The amazing agility withwhich they moved; their magical powers of self concealment; theirdestitution of dress, the greasing of their skin, and the vigilance oftheir watch-dogs, rendered it nearly impossible to seize them in openday. 

An alarm would be given, that the blacks were approaching, and a party, commissioned to repress them, would immediately advance; oftenblundering and incautious, shouting, smoking, and straggling about;carelessly firing their pieces, and affording abundant information oftheir approach. Thus, after a fatiguing march, the natives, whom theywere sent out to meet, would be observed in their rear, having alreadycommitted the premeditated depredation. Not that it was easy to eludetheir observation, if they were conscious of pursuit, and it was nearlyimpossible to overtake them. 

Mr. Gilbert Robertson, after capturing Eumarrah, was twelve monthswithout success. One tribe he followed with pertinacity, were not faroff through the whole chase. Their fires were visible: they were, forseveral days, on the hills, not more than four miles from the British;but they "beat round and round, like a hare. " A tribe, after a hotpursuit, concealed their tracks, and suddenly vanished. They regularlyposted sentinels: passed over the most dangerous ground, and, on themargin of fearful precipices: they would lie down beside a log--stonedead, and could not be distinguished from the charred fragments of theforest. Those who imagined that their eyes had never been averted, wouldyet lose sight of the subtle enemy. They could not catch them, except bystratagem; or, when they were caught, they could not hold them. [13] Thefew captives that were obtained, when they thought proper, easily madetheir escape. They confined them in a room: next morning, they hadpassed through the flue into the open air, and freedom. 

The extreme difficulty connected with their arrest by day, led to theirrapid destruction. The pursuers would watch, as the evening gathered in, the thin smoke of the distant fires: they would cautiously advance, andconceal themselves till midnight. The superstitious terror of the black, prevented his wandering from the camp, lest the evil spirit thathaunted the darkness should carry him away. Thus, stretched around thefire, the natives were easily seen, and musketry told with terribleeffect. Their dogs, instead of promoting their safety, sometimes led totheir sacrifice. A party, preparing to surround and capture them withoutbloodshed, would move with quiet steps, without giving notice to theaborigines; but just when all was prepared for the last movement, somecur of ill omen would start up, and rouse them. They would seize theirspears and attempt to flee; and the whites, now disappointed of abloodless capture, would commence the slaughter. 

In 1828, a tribe of natives threw stones at the constables, from a hill. They returned a volley of shot; then charged with the bayonet: the wholewere slain. The excuse for the massacre was, that having no moreammunition, the constables had no other means of defence, and that toretreat was dangerous. An exploit, claimed by a corporal and party ofthe 40th regiment, is disputed. They professed to have discovered atribe lodged on the shelf of a rock, inclosed by wall-like heights. Theypoured in their fire, and dragged the women and children from theirshelter: all perished. This was stated to be a mere tale of pretendedsuccess, and devised to satisfy the neighbourhood, that the men had donetheir duty. It proves, at least, that such achievements were in request. How fearful a condition for the government to tolerate, or for a colonyto approve. 

In these expeditions, natives were often the guides, and were enabled tofollow up the track of their countrymen, when the English wereconfounded. In those troublesome times, individuals of the tribes wereoften left behind. It was the custom to fix small pieces of stick atshort distances, to assist the stragglers in rejoining their main body. For a time, these signals being understood by the black guides, broughtthem quickly on the route of the fugitives; but the guides soon betrayedor exhausted this device, and though they continued to leave directionsticks, they reversed their meaning, and distracted their pursuers. 

The Tasmanian allies themselves, were exceedingly uncertain, and proneto escape. They disclosed to their countrymen the plans adopted fortheir capture, related the expeditions they had witnessed, and added newexcitements to rage. Sydney natives were obtained, to assist in thecapture: Pigeon and John Crook, under the care of Mr. Batman, promotedthe success of the undertaking. Pigeon narrowly escaped being shot: hewandered from his party, and was seen by a stockman in a tree, whofired, in spite of his endeavours to explain. Pigeon then slipped down, and reached his friends, only in time to avoid the second charge of hispertinacious antagonist. The story is worth relating, not on account ofthe actors, but because it displays how cheap, at that hour, was thelife of a native, although peaceably living in the forests of hiscountry. 

Among those distinguished for the knowledge of the bush, compassion forthe natives, and skill in pursuing them, Mr. Batman was the subject offrequent and approving mention. It is said by Backhouse, that hisparties killed thirty, and captured five. Occasionally, natives werefound in the neighbourhood of Ben Lomond. In one instance, it isrecorded, that ten fell, and that two were taken; and in another, thatforty received the fire, and left behind them trails of blood, but nocaptives. On another, fifteen or sixteen were said to fall, out of aparty of seventy: three hundred buck shot were poured into anencampment, at twenty yards distance. It would be endless to reciteconflicts of this kind: they probably were but a multiplication of ashort bulletin, referring to an expedition--"_five shot, and onetaken_. " Looked at alone, even in the mildest form, these measures arerevolting; but to Mr. Batman belongs the praise of mingling humanitywith severity: of perceiving human affections in the creatures he wascommissioned to resist. His mission cannot be compared with that of hissuccessor, but he certainly began in the midst of conflict andbloodshed, to try the softer influences of conciliation and charity. Hereceived a party into his house, endeavoured to win their regard; fed, clothed, and soothed them; and when some of them disappointed his hopes, by throwing off their garments and retiring into the bush, he stillpersevered in attempting their reclamation. 

But if the authorised system was attended with a sad sacrifice of nativelife, no one will question the atrocities committed by _commandoes_, first formed by stock-keepers, and some settlers, under the influence ofanger, and then continued from habit. The smoke of a fire was the signalfor a black hunt. The sportsmen having taken up their positions, perhapson a precipitous hill, would first discharge their guns, then rushtowards the fires, and sweep away the whole party. The wounded werebrained; the infant cast into the flames; the musket was driven into thequivering flesh; and the social fire, around which the natives gatheredto slumber, became, before morning, their funeral pile. [14]

A detail of such facts, is in the hand of the writer, the recital ofwhich would disgrace, without improving mankind; and it is rather indeference to a general principle than personal considerations, that thecrimes of amateur assassins are left to oblivion. [15]

FOOTNOTES:

[Footnote 12: "Unless the blacks are exterminated, or removed, conciliation is in vain. Shall the sons of a country give way before theaborigines, _after having repulsed the arms of France_? They are nowshot, with as little remorse as so many crows!!"--_Col. Advocate_, 1828. ]

[Footnote 13: A party, under Major Grey, went out in pursuit: overtook afew blacks; one was seized; but he was so smeared with grease, that heslipped through the hands of his captors. A paper of the day recommends, that the arms of the pursuer be thrust under the arms of the black; and, the hands being raised, to be firmly clasped over the back of thefugitive's neck--an expedient, that reminds us of the salt specific forcatching birds, with which most children have been delighted anddisappointed. ]

SECTION V. 

However just these representations of individual conduct, and withwhatever severity the measures of government bore upon the aborigines, that unhappy people afforded ample reason for apprehension, and evenabhorrence. Their crimes were fearful, and the effect of their outrageon the colonial mind can only be imagined. The fierce robbers, ofEuropean origin, who had infested the land, were not half so terrible:these were at least restrained by early associations and nationalsympathies; often by conscience, and even by each other. But the nativesnow united the antipathy of a national foe, and the rapacity of abanditti, with the spite of individual revenge: they were at once apeople in arms, and a distributed band of assassins. 

The correspondence between the local and imperial authorities exhibitsthe feelings of the Governor, and his full consciousness, that howevernecessary his proceedings might seem on the spot, surveyed from thedistance, they would wear the aspect of cruelty. In 1828, he apprisedLord Goderich, that the proposal to remove the natives from the island, had not met his concurrence; and that the commissioners for lands hadpointed out the north-east coast as adapted to their wants, wellsheltered and warm, abounding with game, accessible by water, and easyto guard. It was stated by Colonel Arthur that harsh measures weredemanded by the colonists; but that he could not dismiss from hisrecollection, that the whites were the aggressors, and that every planshould be tried before treating the natives as accredited enemies. Threemonths after, he forwarded another communication, which referred to themurders recently committed, and justified the proclamation which he hadissued for their expulsion. So exasperated were the settlers, that thesafety of the blacks themselves seemed to demand this precaution. Hehad, however, found it impossible to assign one district, owing to theanimosities of the tribes against each other, and therefore he resolvedto expel them to the remoter portions of their several territories. Intwo other communications of the same year, the Governor reported thetemporary retirement of the natives, in search of marine subsistence, and their return from their winter quarters in the November following, when their animosity had not abated: a dark catalogue of murders, including every age, condition, and sex, attested their subtlety andsanguinary spirit. He still declared that no means were neglected toconciliate and reclaim them, consistent with the interests of the colonyat large; but their indiscriminate attacks were equally directed againsttheir benefactors and their enemies. Communication had become difficult, a risk of life, and almost impossible. 

These statements are, unhappily, sustained by ample proof. It would be awaste of time even to condense, in the most succinct relation, all theincidents that occurred. Narrative is tedious by the monotony of detail, and the events themselves were recorded by those who witnessed them, with ominous brevity. Such crimes were of daily occurrence; perhapssometimes multiplied by rumour, but often unheard of and unrecorded. Theperils of the stockmen were constant: many of them were repeatedlywounded; and one, named Cubit, was nine times speared, and yet survived. Death assumed new forms daily: the poet of the Iliad did not describemore numerous varieties, in the slaughter of his heroes. 

The shepherd went from home in the morning, attended by his dog, andarmed with a gun, now unavailing for his defence: he never returned. Hadhe escaped to the bush? Such a step was improbable. His employers aresoon informed that the blacks have been near; that the sheep have beenwounded, or beaten to death. The search now becomes diligent: at length, the melancholy reality is clear; they find a mutilated form, which stillpreserves sufficient proof that the lost shepherd lies there. The sadcatastrophe excites the compassion of the master; but it provokes thefellow servants to rage, and they devote themselves to the destructionof the murderous race. 

The little child strays outside the cottage of her parent--fresh as themorning, and warmed with the hilarity of young life: a shriek is heardto succeed quickly the loud laugh of pleasure. The mother rushesforward; sees a black boy fleeing in the distance, and then beholds thevictim of his malice: she draws forth the spear, and her child is dead. 

The settler, now grown rich by his flocks and tillage, looks forward tothe enjoyment of his opulence in domestic happiness. The companion ofhis early labors and privations forms the chief object in the picture;but while he was dreaming of future bliss, the envious eye of a savage, which had recognised in that prosperous homestead a station of hisfathers, had glanced over and blighted all. 

Those who were compelled to travel from home, left their families theprey to inexpressible anxiety. Every moment of delay awakened newforebodings. Often would the settler see his wife and children, on someprominent spot, the subjects of fears which required no interpreter, shading the eyes in the attitude of earnest attention; and when theycaught the first glimpse of his approach, the rushing together, andmarks of gratulation, indicated the gladness of watchers, whose painfultask is done. To appear in safety, was a new though daily deliverance. 

But if such were the fears at home, the traveller himself was not freefrom perturbation. He would neglect the common dangers of a rockydescent, and "sidling" way, to guard against perils far more dreaded: hewould often pause, to listen; the moving of the leaf, would terrify him. He would hear a rush--it was but the cattle: he would gaze steadfastlyat some black substance far off, until convinced that it was the stockof a tree; then reproaching his fears, he would gallop on rapidly--thenmoving round some overhanging rock, he would see savage faces and poisedspears! Retreat is now impossible: he spurs his horse, which seemsalmost to be conscious of danger, and perhaps reaches his home exhaustedwith fatigue and dread; happy, however, to have been once morepreserved. 

Nor is it possible to describe the emotions which were wrought up, bythe consciousness that a feeble woman and helpless children were exposedto the clubs and spears of the savage. Men know, when they pass theirthreshold, that the ties of life are uncertain, and that desolation mayblast whatever they leave tranquil and beloved; but there was an intenserealisation of this hazard, in those parts of the colony whereprotection was least accessible. 

Death, by the hands of a savage, is indeed invested with the darkestterrors: it was rarely instantaneous--it was often the effect ofprotracted torment, and of repeated blows: often, after a long pursuit, in which hope might occasionally gleam for a moment, to render death tothe exhausted fugitive more distinct and terrible; or, perhaps, at oncewounded mortally and prostrate, when the rush of early affections andlong forgotten truth and brief supplication would come with that swoon, by which nature sometimes ushers in the fatal moment; the dying manwould be roused by infernal shouts, and there would swim before himbrandished clubs, and horrid visages distorted with demoniac rage. Suchwere the recollections of some who recovered; and such, we may beassured, were the emotions of many that died. 

Comparatively, the natives did not frequently injure women and children;partly, perhaps, that they were less exposed, and partly from naturalcompassion. Thus, when the house of Clarke was destroyed by the BigRiver tribe, and its owner perished in the flames, the woman with himescaped with her clothes ignited--ran to the savages, and fell down uponher knees, imploring their pity. One of their number extinguished theflames, and bade her be gone. It may be doubted, if this instance ofcompassion always found a parallel in the conduct of the white. Aboutthe same time, a wretch boasted to Mr. O'Connor, that he had thrown anative woman on the fire, and burnt her to death. The equity ofProvidence seems vindicated by the fact, that he perished by the spearsof the race, who watched him continually, until he fell into theirpower. 

Long after the pacific mission of Robinson, it was found necessary torestrain the wanderings of the women, to prevent their sacrifice towhite vengeance. But, on the part of the natives, there were not wantingfearful examples of implacable and treacherous violence. Such was themurder of Mrs. Gough and her children. In 1828, about twenty men, unattended by their families, had re-appeared in the centre of theisland, and approached the neighbourhood of Oatlands: they attacked thecottage of one Moor, as a feint, and thus drew off the husband of theunfortunate woman, to the assistance of his neighbour. On returning, hemet his daughter, with the sad intelligence, that children and wife weremurdered, and that she only had escaped. He found the mother leaningagainst a fence, covered with blood: "Dear Gough, " she said, "it is allover with me; the blacks have killed me!" He endeavoured to staunch herwounds; then hastened to his children, and found them, not dead, butdying. The blacks had inflicted reiterated blows, and answeredentreaties with threats of murder. Mrs. Gough was shortly afterwardslaid beside her children. The attack was more fierce, and yetdeliberate, than common: but not long before, some stockmen at the Lakesrequested two women to ascend the trees: while there, they shot them. Itis necessary to add, that the women sometimes approached the huts, asspies, or such actions would be incredible. 

The government and the press complained repeatedly, that no regularresistance was offered to the depredators; that the settlers did notinstantly pursue, and, by combined efforts, intimidate or destroy them. It was said, that they easily forgot the danger, so soon as the blackshad withdrawn, and abated even the ordinary vigilance, which suchformidable enemies might inspire. Thus, the slaughter of a shepherd hadbecome too frequent to produce much sensation, and was set down as acommon risk of colonial life. When they heard that a servant wasspeared, they would exclaim, "Ah! is he killed? poor fellow!"--andhaving brought in a verdict of wilful murder, they left him to theforgetfulness of the grave. 

It was said, that as the passenger approached the towns, he found theanxiety of the people diminished, and their feeling revolutionised. Inthe interior, the blacks were spoken of with intense fear, anddetestation: in the capital, even their depredations were questioned, and the subjects of conversation, were rather their sufferings thantheir crimes. 

Governor Arthur strongly censured the negligence of farmers; but thiswas rather to arouse them, than to decide finally the fact, orculpability of their inaction. In truth, the pursuit of a party ofaborigines, was a very hopeless affair: it required a minutepreparation; and to a well fleshed, and not perhaps youthful yeoman, wasattended with vast fatigue, and almost certain failure. An organisedenemy may be found: not so, naked and scattered blacks, undistinguishable from the trees of the wood; who could crouch in agulley--creep almost as rapidly as a dog. The appearance of apathy, inreality resulted from the uselessness or danger of action; nor can it bea matter of surprise, that men expelled from their minds an evil merelypossible, which they hoped to escape, and which no forethought wouldavoid. Whether these imputations were just, or not, they were revived invarious forms, by the Governor's private and public addresses. Theyconstitute a large portion of his correspondence with the HomeGovernment; but they drew forth from the Secretary of State what, perhaps, was chiefly desired--an approbation of his measures ofprotection; for, however apathetic individuals, it was admitted, thatthe repression of outrage, from whatever cause, and at whatever cost, was an obligation on government. There were, nevertheless, severalinstances of courageous defence: large numbers were successfullyresisted by a single musket; and it was stated by Governor Arthur, thattwo armed men would strike a whole mob with panic--a contempt of theirvalour, which was often provoked by the subtlety of their escape. Suchis commonly the case: savages, even when courageous, are unwilling toface the deadly weapon of the white man. They, however, lost much oftheir alarm; and, at length, would pause for the report, and rush onwith shouts of defiance, when the English had discharged their guns. 

The most courageous instances of defence, were furnished by females:they were sometimes surprised by a visit, when escape was hopeless, andrelief unattainable. Mrs. Maclanachan maintained a post, purely by herresolution. Mrs. Dalrymple Brigge, a half-caste woman, was rewardedwith twenty acres of land, for her heroism. She drew inside her househer wounded child, barricaded her door, and fired through a crevice. Theblacks attempted, first to pull down her cottage, and then to destroy itby fire. The conflict lasted more than an hour, when relief came. Another: Mrs. Connel defended her house with the musket; a little child, of four years, bringing one to her as she fired off another: she waswithin a few days of her confinement. The fortitude displayed, on theseoccasions, was very justly admired: we cannot, however, but be sensible, that few possessed either the physical strength, or the knowledge ofarms, equal to a task so hard. 

In this colony, 1830 will be ever memorable, as the year of the BlackWar--that campaign, which formed the first military lesson given to thecolonists. In the ferment of the public mind, innumerable plans werepropounded for their capture: some merit remembrance from their oddity, and some for their kindness. It was suggested, that those natives incustody should be driven forward, secured by a tether, and thuscompelled to guide the pursuit. It was also proposed, that depôts offlour, sugar, and other tempting articles of food should be placed inthe tracks, and when natives were engaged in seizing the prize, thePhilistines would be upon them. A third plan recommended, that four orfive persons should be placed in the vicinity of huts, to be erected forthe purpose: they were to stand outside, and allure the natives; andwhen seen by them, to feign alarm, and run. The natives, it wasexpected, would make for the seemingly abandoned dwellings, to besurprised by the English, lying in ambush. Their dogs often gave themnotice of approach: a scheme was propounded, to turn this advantageagainst them. The English were to be furnished with two sets of dogs:one leash, swift and fierce, to pursue the dogs of the natives; but asboth would soon vanish from the sight of the pursuers, the secondspecies were to be retained, to scent their course. Thus, the nativewould run first, --his dogs after him; then would come the large dogs ofthe English--then their little dogs; and, finally, the captors! An oldmariner, who had witnessed the effect of music in taming savage tribes, proposed to try the persuasion of sweet sounds. He was not aware, thatthe expedient had been in vain tested under happier auspices; even hadit been possible for a military band to career along with the requisitespeed. The musician of the _Recherche_ carried his instrument on shore, and played his sweetest melodies: the natives took no notice. Unwillingto doubt the efficacy of his art, on his next visit he used sharpertones and quicker measures: the aborigines put their fingers to theirears, and the Frenchman dropped his fiddle in despair. 

It will be proper briefly to notice the state of the public mind at themoment. The natives were now a mere handful: an irregular contest ofseveral years duration, now and then slackened, was ever adding some newvictim to the slain. The constables occasionally fell in with thetemporary huts, which told the mournful tale of rapid depopulation. Intracks, where thirty or forty huts had, in former years, indicated aconsiderable clan, four or five only were reared; but while the nativesdiminished, they seemed to increase their activity, moving to variousplaces with almost incredible swiftness. It is said, that they wouldtravel fifty miles in a day. Their superior knowledge of the countryenabled them to reach stations more remote in appearance than reality. Acolonist, of the present time, by better acquaintance with the road, canpass in a few hours to places, once several days journey distant. Suchrapid progress may perhaps be doubted, but it was sufficient to givethem the appearance of ubiquity; and since they now were no longercasual but habitual robbers, the havoc and alarm they created had ratheraugmented, as their numbers declined. The colony, then prosperous in itsgeneral affairs, was deeply depressed by their continued outrages:shepherds would no longer tend their flocks, unless accompanied by armedcompanions. On the slightest signal of the approaching foe, they wouldflee with precipitation: ten times a day the quiet of domestic lifewould be broken by the fears, feigned or real, of the workmen. If theyidled on the road, it was the blacks that retarded them: if they lostprovisions, the hut had been robbed by the blacks. Often, too, thesevexations were tinged with the ludicrous: the rumour would reach thetownship that an unfortunate had been speared, who, when more closelyexamined, was found dead drunk. Some imaginative settler would return, with the sure information that the blacks were lurking in the woods: thecautious whites, well armed and skilfully disposed, would march roundthe hiding place, and stealthily approach a stump of more than usuallikeness to animated nature. 

An officer, newly arrived, when the depredations were most alarming andfrequent, looked from the window of his cottage, in the twilight, anddiscerned many blacks crouching among the stubble of a corn fieldlately reaped. He hastened and ordered out his men: they cautiouslycrept round the inclosure, and were gratified as they drew nigh todiscover that the enemy had not moved. Another small party of soldiersobserved a body of fifty or sixty, on the borders of a creek, flowinginto Oyster Bay: as they were approached by the British, they made for apoint of land. It was, apparently, a certain capture: the soldiers andconstables rushed on, when the foe took the water. In these adversariesthe colonist will recognise the black stumps, left by imperfect farming, and the black swans which adorn our waters. Notice was brought, thatsome one in the far interior was killed: the coroner's jury wassummoned; the verdict was, of necessity, "_not yet dead_. "[16]

The disquietude occasioned by an enemy, so insignificant; the constantvigilance imposed, and the not infrequent heavy calamities inflicted, are events justly exhibited by the _Aborigines' Committee_, as a lessonto mankind. The long oppression of a race, not prone to violence, wasnow productive of its fruit, and exacted from the colonists a fearfulretribution. 

The most alarming movement of the natives was, the systematicdestruction of premises by fire. This was revenge within their reach, atany hour; and its previous infrequency is a matter of astonishment. Inthree months, the huts of Messrs. Howel, Sherwin, and Clarke, had beendestroyed. The property of Mr. Sherwin, lying between hills, was easilywatched, and spies were posted on the heights. The mode of firing thepremises was deliberate: they kindled the flames at twenty yards apart, so that the whole was simultaneously burned; this done, they went off, shouting and crying out to the English to go away. The extent of themischief was not so alarming as its forebodings. That element, whichnature has placed at man's disposal, and can be turned, by a moment'seffort to the destruction of a fortune, might long have proved aneffectual scourge, and made colonisation hopeless. The retention ofproperties, as well as the security of dependents, required decided andunanimous measures. 

No part of Governor Arthur's character conciliates greater esteem, thanhis promptitude to encourage humanity in the whites, and to win theconfidence of the natives. At the commencement of this year, he offereda liberal reward to any one who should open a pacific communication, orif a convict free pardon. He promised five pounds for every adult, andtwo pounds for every child, taken alive. He entreated the colonists toenjoin the utmost tenderness on their servants, and invariably to sparethe women and children. These merciful intentions were but littlesuccessful: the rewards were rarely claimed. But no effort, in a rightdirection, is ever lost: the conduct of John Benfield, a convict, wasdistinguished for intrepidity and coolness in a capture, and ColonelArthur bestowed warm praise. Observing a fire, at a short distance, heapproached three aborigines, to whom he offered bread: one of thempromised to accompany him, if he would put aside his gun; this risk heincurred. He led the black to his hut, and gave him food and blanketsfor his companions; and soon succeeded in completely conciliating themall. They joined him in hunting the opossum: thus he drew them on to themilitary party stationed at Captain Moriarty's. This man certainlydeserved the reward he obtained, and the government notice of an actionso courageous and humane, must have mitigated the fierce spirit of hisclass. 

The orders and notices issued by the Governor during this year, represent the powerful agitation of the public mind, and from which hehimself was by no means free. Sometimes, the hope of reconciliationseemed strong; thus, August 19th, he states that Captain Welch and Mr. G. A. Robinson had obtained a friendly parley with a hostile tribe. Itwas ordered, that no attempt should be made to capture or restrain suchaborigines as might approach the settlement; but that, after supplyingthem with food, they should be suffered to depart. 

He found it necessary to explain the conditions on which rewards wereoffered for capture, which had been abused, by the violent detention ofinoffensive natives: those who, in attempting to arrest them, wereguilty of wanton mischief, were threatened with the penalties of thelaw. These orders were followed by outrages, which threw doubt on thepropriety of distinctions: the ally of to-day, was the robber ofyesterday, and the assassin of the morrow. The natives of the south-westdistricts of the colony, and of the islands, were still exempted fromproscription; but an explanatory notice, authorised the settlers, bywhatever necessary means, to anticipate, or repel, the barbarousattacks, now renewed with terrible frequency and atrocity. 

These public instructions indicate the alternate feelings whichprevailed: they were natural to men who, reflecting on the origin of thewarfare, felt that measures, now indispensable, were not whollyguiltless. 

 * * * * *

 OFFICIAL LIST OF ATROCITIES COMMITTED BY THE NATIVES. 

 1830. --January 1. William Smith, in the employ of ---- Triffet, jun. , killed near the river Ouse. Piper's hut, at Bark Hut Plains, broken open and plundered of a musket, blankets, sugar, &c. Captain Clark's hut, at Bark Hut Plains, robbed, and his house entered by the natives. 

 February 1st. Mr. Brodie's hut, near the Clyde, was attacked while he was in it; he was speared in several parts of his body, but not mortally; they stole blankets, tea, sugar, &c. 9th. Mr. Mazetti's hut robbed; Lawrence Dering, servant to Mr. Bell, killed. 11th. Mr. Bell's house and servants attacked on Great Jordan Lagoon; the natives kept at bay from the house, but one man received a spear through the thigh. Mr. Hopley murdered about a mile from Mr. Betts'; James M'Carthy desperately wounded. 12th. Mr. Howell's dwelling hut burned. Mrs. Howell and her children narrowly escaping the flames. Twenty of Mr. Espie's sheep killed and maimed. Mr. Thomson's hut attacked by forty or fifty. Mr. Paterson's shepherd pursued by the natives. 17th. John Bluchaby and Philip Norboy killed at Dysart parish, Oatlands, at noon day. Lawrence Murray, servant to Mr. Bell, killed. A child killed at Bagdad, near the road side. 20th. Mr. M'Rae's house, near Bothwell, plundered of flour, and within a mile of the military station, at Bothwell. Mr. Sherwin's house burned to the ground, with the greater part of his property; his servants' hut and fences also consumed. The Weazle Plains Hut burned down; a black man wounded, in the act of setting fire to it. 22nd. Captain Clark's barn and corn stacks consumed, containing 1, 200 bushels of grain. 

 March 2nd. A hut, near Captain Clark's, fired. A hut, at Davis' Marsh, plundered. 9th. A mob of natives appeared at Captain Smith's hut, at his run; a part of them killed 100 of his sheep. 10th. Piper's hut fired, and partly destroyed, 11th. Captain Wood's hut, at Poole's Marsh, robbed. Mr. Jones' hut, Side Line Marsh, threatened. Mr. Bisdee's hut attacked; also Mr. Thomson's stock hut, and Mr. Brodribb's, at the Black Marsh. Mr. Denholme's hut, at the same place, attacked, and his servant speared. 13th. M'Gennis' hut, Richmond district, plundered of muskets, powder, and ball, and every thing of value in the house. 15th. A hut, near the mouth of the Carlton River, attacked, a man and woman dangerously wounded; four spear wounds, and a cut on the head, supposed mortal. Another woman speared through the arm. 19th. About forty natives attacked the house of Mr. Brodribb, Black Marsh: they were divided into small parties, and made their attacks simultaneously: one man speared. On their being driven back, they proceeded to the hut of Mr. Thomson, which they robbed of every thing in it. On the same day, a man was speared in bed, at E. Danoven's, Black Marsh. 

 April 1st. John Rayner speared in several places, and dreadfully beaten by natives, at Spring Bay. 

 May 18th. Mr. Lord's hut, at Eastern Marshes, attacked; of two men in it, one was dangerously speared, and the other dreadfully beaten. The natives then plundered the hut, and retired. 

 June 1st. Mr. Sherwin's hut, Weazel Plains, plundered by the natives. 15th. The aborigines plundered the Den hut on the Lake River, of every thing in it, and murdered Mary Daniels, and her two infants, in cold blood. 

 August 7th. S. Stockman's hut, Green Pounds, plundered by natives. 9th. The death of Mr. Sharland (surveyor), and his men robbed of muskets, powder, and shot, by the natives; on the same day, government hut, between Bothwell and Blue-hill, robbed by natives, as well as the houses of Mr. Wood and Mr. Pitcairn. A man servant of Mr. Barrs, wounded. About forty natives met by Mr. Howell's party: a woman wounded. 23rd. The huts of J. Connell and Mr. Robertson attacked; the latter plundered. Mr. Sutherland's shepherds attacked, and their arms taken; one of them speared: arms taken from Mr. Taylor's hut. 24th. James Hooper killed, and his hut plundered of everything in it. The huts of Lieutenant Bell and Watts attacked by natives, who were repulsed from both. 

 September 8th. Captain Clark's shepherd attacked, but escaped. 13th. One man killed, and one man wounded, by the natives, on the banks of the Tamar. 14th. A man, employed by government at the lime kilns, near Bothwell, chased by natives, but escaped. 18th. A private, of the 63rd regiment, killed by natives: two sawyers speared, one of whom died of his wounds. 27th. Francis Broken speared and killed. 28th. Three men, at Major Grey's, wounded by natives, and one dangerously wounded with stones. 30th. Mr. G. Scott's house attacked by a mob of natives; they speared one man, and killed another--the body of whom they threw into the river. They ransacked the house of every thing they could find, and even went up stairs, and broke the doors open--a proceeding to which they had never before resorted. They took away blankets, shirts, sheets, knives, 600 or 700 lbs. Of flour (which they tied up), half a basket of tobacco, 100 lbs. Of sugar, a bag of tea, and a considerable quantity of slop clothing: so great ingenuity was displayed in the attack, that for some time it was supposed that Europeans had conducted it. On the same day, the natives plundered a hut, opposite to Mr. Scott's, of all the tea, sugar, flour, and bedding, that were in it. 

 October 16th. The settlement at Sorell attacked by natives: one severely wounded; four houses plundered of blankets, flour, tea and sugar, and clothes of every description. 18th. Captain Stewart's shepherd wounded by spears, and Mr. Guildas, a settler, killed by two spear wounds. 19th, Natives showed themselves on the farms of Messrs. Gatehouse and Gordon, and attacked the house of Mr. Gough, whom they wounded severely. 

 November 16th. Two huts robbed on the Ouse. 18th. Captain Wight's shepherd killed by natives; dreadfully mangled twenty-seven sheep. A hut on the South Esk attacked by natives: every thing portable sent off. 

 February 3rd, 1831. The natives attacked Mr. Bursby's house, on the Tamar; speared Mr. Wallace in several parts of the body, and inflicted several severe and dangerous wounds on his head: they likewise wounded a child. The hut of Allright attacked by them; plundered of every thing it had in it. The hut of Mr. Sutherland, Nork Esk, robbed: three horses speared, three others wounded. A woman, named M'Haskell, killed at Retreat, near Westbury: house robbed of 300 lbs. Of flour, knives and forks, blankets, chest of tea, 100 lbs. Of sugar, tobacco, two casks of butter, three muskets, and powder. 7th. Stewart's house attacked by natives, who were beaten off. 

 March 8th. Two sawyers attacked by natives; severely wounded. Two huts, near New Norfolk, plundered. 12th. Mrs. Cunningham's hut, at East Arm, robbed by natives: she and the child wounded, very dangerously. 21st. Mr. Lawrence's servant murdered, and three men dangerously wounded by the natives, on Norfolk Plains. 

 April 5th. J. Ralton speared through the body, whilst at work splitting wood. 6th. N. Fitzgerald speared twice through the body, whilst sitting reading at the door of his cottage; the house plundered by the natives of guns, blankets, and other things. 7th. The same house again attacked. 

 May 10th. Hut on Patrick's Plains, containing government stores, burnt to the ground, by natives. Mr. Kemp's establishment, at Lake Sorell, attacked by a considerable mob of natives: the fire arms carried away, buildings totally consumed by fire; two men murdered, and one wounded. 

 June 6th. Several huts attacked, near Hunter's Hill; J. Triffits speared. Mr. Baretti's hut robbed, likewise Mrs. Bell's, of every thing in it, and the wife of N. Long murdered. Mr. Clark's hut plundered. 

 September 5th. Thomas Smith, hut-keeper, at Tapsly, murdered: hut plundered. John Hignston speared, and hut robbed; four sawyers' huts robbed. 7th. B. B. Thomas, Esq. , and his overseer, Mr. Parker, murdered near Port Sorell, by a mob of natives, whilst, actuated by the most humane views, they were endeavouring to carry the conciliatory measures of government into effect. Mr. Thomas had received ten spear wounds, and Mr. Parker eleven. Stocker's hut desperately attacked; a child wounded; a man, named Cubit, speared. 22nd. Mr. Dawson's hut, on Brushy Plains, attacked, and his servant severely beaten with waddies. 23rd. Mr. Dawson's servant, Hughes, severely beaten by natives, nearly losing his life. 

 October 3rd. The natives, having possession of fire-arms, attacked and robbed the premises of constable Bird, and plundered the house of Mr. Amos, jun. 

FOOTNOTES:

[Footnote 14: In the western districts, the stockmen were usuallymounted. When they saw the natives, these armed murderers galloped afterthem, and delivered their fire without danger to themselves. 

An estate is called "_Quambys_:" the name is a cry of distress andentreaty, and signifies, _spare me!_. It was uttered by a black, who wasfound there, when imploring compassion; as the supplication isremembered, perhaps not then in vain: but mercy was rarely shown. Avolunteer party discovered a tribe in a valley, surrounded by steepmountains; from the heights they poured down a volley of musketry, andthen heaped the slain on the ashes of their fires. Another partyovertook a tribe who had displayed a hostile spirit: they were on thebanks of a lagoon, and all around were plains; escape was hopeless. Theyrushed into the water; as their heads rose above the surface, they wereshot. These are specimens which rest on authority not to be disputed. 

The slaughter of thirty aborigines, in 1838, at a remote station in NewHolland, instanced the cool deliberation with which they were too oftensacrificed. The deed was planned several days before, and the leisure ofthe sabbath was employed for its perpetration. The seven murderers hadbeen all prisoners of the crown: a subscription was made for theirdefence; but in spite of strong sympathy in their behalf, they weresentenced to death, and ultimately executed. There had been noprovocation: being on horseback, they surrounded the natives, who werereposing beside their evening fires. These ran to the hut of one of theassassins, with whom they had lived on terms of amity. There they werebound, and, amidst their groans, cries, and tears--men, and women withchildren at the breast--they were led off to a spot selected for theimmolation. Great pains were taken to conceal the crime; but through afall of rain the day preceding, their tracks were visible, and birds ofprey attracted attention to the slaughter! The strongest suspicionexisted, that the murderers were the miserable agents of persons stillmore guilty. ]

[Footnote 15: The Aborigines' Committee observed, "that an opinion wasgaining ground in the colony, that small parties should be formed by thesettlers, for the extirpation of the blacks; an idea, which theycontemplated with horror. " It was more than an opinion--it was aterrible reality. ]

[Footnote 16: _Hobart Town Courier. _]

SECTION VI. 

Efforts of conciliation, were made through the medium of three women, captured by the police; and who, after being treated with kindness, werepermitted to return to their tribe, and to invite their submission. Oneof these was seen in the journey, and slain, in error! After the absenceof a few weeks, the survivors prevailed on the chief, and nine other menof the tribe, to accompany them to the residence of Mr. Batman: thisgentleman, and his family, assiduously cultivated their good will, beingone of the few who entertained a strong confidence in the power ofkindness; notwithstanding, after remaining nine days, they eloped, it issaid laden with plunder--displaying, in their progress, unmitigatedhostility. Two natives, who delivered themselves up to a shepherd, andwere lodged in the penitentiary at Launceston, after being supplied withabundance of food and clothing, within a month effected their escape, and were traced by their outrages. The celebrated chief, Eumarrah, captured by Robertson, after two years detention, when his artlessmanner and apparent reconciliation to his lot, threw his keepers offtheir guard, contrived to abscond. Justice is, however, due to thereputation of a savage. Eumarrah, afterwards complained, that whenemployed on the LINE, he was beaten by a constable: Jemmy, who escapedat the same time, had been chained to a bench all night, by a similarfunctionary. The newspapers of the day complain, that in gaol foodsufficient for their appetites had not been always supplied them. Thewomen were declining in health, when allowed their liberty. This last, was the great cause of their restlessness; they felt the oppression ofcivilisation; they were weary of clothing; the skin was irritated. Theinstinct which prompts a bird to seek some way of exit, also moves asavage: it was not so much indifference to kindness, as the passion forroaming--the habit of the race. Nor were they managed always withprudence: they were left to the mischievous influence of low white men, who delighted to terrify, even when they did not positively injure them. It was not until thirty had escaped, nearly equal to the whole numbertaken, that it was discovered, that to retain them, even theirprejudices required tenderness, and that they were deeply sensible ofcontempt. 

These retreats tended to extinguish the hopes cherished by the friendsof the natives, and rooted the conviction more firmly in the colonialmind, that all efforts to tame them were unavailing. All the plans laiddown for their expulsion, had been tried, and had proved to beimpracticable. They still recurred to their usual haunts, and made upfor their diminished numbers by their improved method, cunning, andaudacity. Having committed depredations, they retired, with theirplunder, to the districts reserved for their occupation, and whither itwas unlawful to follow them, except for sworn offences. The Governordetermined to try a movement, _en masse_, and by the united force of theentire population, to drive the Austral tribes within Tasman'sPeninsula--a territory, joined to the main land by a neck, about onequarter of a mile in breadth. The success of this plan could never havebeen considered very promising. The Governor expressed his doubtrespecting the result, while it was in progress; and there is no reasonto question that, in putting it to the test, he was moved by the earnestentreaties of the colonists, and a conviction that nothing should beleft untried, to preserve the people committed to his charge. 

On the 7th September, 1830, the intention of the Governor was officiallyannounced. Referring to the outrages of the natives, he asserted thattheir expulsion was impossible, but by a simultaneous effort. He calledon every settler, whether residing in the town or country, to placehimself under the direction of a magistrate, whoever he might prefer;that the whole military and police strength, combined with suchassistance, might capture the hostile tribes, or permanently expel them. The solemnity of the engagement, no less than the preservation of thelives and property of the whole community, would require a serious andresolute co-operation. On former occasions, he observed such campaignshad been greatly perverted, and transformed into amusement andrecreation. The Governor gave no promise of recompense, and insistedthat the effort, however meritorious, was simply the duty of all; butwith his accustomed tact, he chose this moment to reward, with largegrants of land, those persons already distinguished for enterprise andsuccess, and to distribute indulgences to prisoners who had beenactively employed in the service. Mr. Batman, who had devoted twelvemonths to the pursuit of the blacks, obtained 2, 000 acres of land. Mr. Howel, of the Clyde, whose losses had been great, but who wasrepresented as displaying an untiring spirit of humanity, was consoledwith 1, 000 acres. The aboriginal Sydney guides, and Black Bill, aTasmanian, received each 100 acres. 

The volunteer parties from Hobart Town, were to join the force at NewNorfolk, the Clyde, or Richmond: those from Launceston, were to patrolthe westward and Norfolk Plains, the west bank of the Tamar, or thecountry extending from Ben Lomond to George Town. Enterprising youngmen, inured to the bush, were requested to attach themselves to thesmall military parties at the out stations, and, under militaryofficers, to scour the northern country. 

Men, holding tickets-of-leave, were required to enrol under themagistrate of their district, and settlers were enjoined to equip anddetach whatever servants they could spare, reserving only sufficientstrength for the protection of their families. The inhabitants of HobartTown, in public meeting assembled, tendered their service to thegovernment, for the furtherance of the object. The peace-loving JosephHone, Esq. , was chairman of this warlike meeting: most of the leadingspeakers belonged to the profession of the gown. Mr. Kemp, one of theelder colonists, once an officer of the 102nd regiment, who had seen theprocess of extermination throughout, declared that the English werechiefly the agressors. Dr. Turnbull contrasted the effects of a vigorousresistance by government and the conflict of individuals: united effortmight be followed by bloodshed, but would tend to repress the habits ofviolence, and, at least, save a remnant from destruction. A tribe, onehundred and sixty strong four years before, that frequented theElizabeth River, was reduced to sixty by daily skirmishes with thestock-keepers. A question, however, arose, whether it were lawful toshoot aborigines refusing to surrender on challenge. Against thisconstruction of law, Mr. Gellibrand earnestly protested; andmaintained, in warm terms, their claims to sympathy andcompassion--himself, alas! destined to die by the hands of the race. Itseemed, however, generally understood, that capture should be attemptedby the most merciful methods, but accomplished at all events. Colonisation by the French, was exhibited by Mr. Hackett, the distiller, in contrast with English; but Dr. Ross rose in reply, and stated thatthere was a rock which bore the name of _The Leap_, from which the lastsixty natives of Grenada were precipitated. Mr. R. L. Murray treated theprevailing notion of danger with derision: three women, he said, wouldput a whole tribe to flight; but Mr. Home reminded the meeting, that thegrass had not yet covered the graves of a mother and her children, recently slain. Thus, like the warriors of the heroic age, they debatedbefore they armed; but it is difficult to reconcile the civic temperwith military subordination: the committee nominated by the meeting toenrol the town guard, suggested that volunteers should be allowed tochoose each their own company, as well as their own officers. One partyof twenty-four, required the choice of their post, and the right to actas an independent division. 

On the 22nd September, the plan of the campaign was minutely describedin a government order, and operations were fixed for the 7th of October. Its main features may be briefly stated:--The Oyster Bay and Big Rivertribes, as the most sanguinary, were first marked out for pursuit. Theywere to be driven within the county of Buckingham; the utmost care beingemployed to prevent escape through the lines, while chasing them toTasman's Peninsula. 

A chain of posts was occupied, under Captain Welman, from St. Patrick'sHead on the east coast; including the source of St. Paul's River, andstretching to Campbell Town. A second chain, under Major Douglas, extending from Campbell Town, passed south of the Macquarie, to itsjunction with the Lake River. Both divisions, marching in a southerlydirection, formed a line from Oyster Bay tier to Lackey's Mills. Duringthese manoeuvres, a party were sent to examine the tier, extendingfrom Swan River to Spring Bay; carefully, however, concealing themovement from the natives, lest they should be deterred from passing thesubjacent isthmus. Other parties were employed, under Captain Wentworth, to force the aborigines from the neighbourhood of the lakes in the west, towards the same centre, advancing due east to the Jordan. The linesbeing compressed and thickened, and joined by the settlers on theirmarch, were then moved forward, followed by scouring parties, to guardagainst their escape, should the natives cross the line. Fires were keptburning to direct the troops, who were expected to march in unbrokenorder. 

Captain Donaldson, who directed the operations in the north of theisland, swept over the vast extent of country from Norfolk Plains to theOuse--from Sorell Lake to Lake Echo. There he remained, closing theavenues of escape, while Douglass and Wentworth advanced to their lastposition: he then joined the main body. Twenty-two parties, under MajorDouglas, and fifteen under Captain Wentworth, were then sent within thelines, to catch the natives, or drive them toward Tasman's Peninsula. 

The distribution of provisions to this force, was entrusted to Messrs. Scott, Wedge, and Sharland, surveyors. The rations were delivered to theleader of each party weekly, and consisted of sugar, tea, flour, andmeat, in considerable proportions. The principle depôt was at Oatlands:where 1, 000 muskets were provided, 30, 000 rounds blank cartridges, 300pairs of handcuffs, and whatever might contribute to the success of theassailants. Many thousands of rations were stored, and the settlers saw, with pleasure, their produce rise in the neighbourhood of thisformidable band, to twice its recent value. £2, 000 was paid to onemerchant for the tobacco. The officers, to avoid its destruction, inevitable on so long a march, mostly threw off their military clothing, and assumed an uniform of Maria Island cloth, thus reserving their fulldress to celebrate the coming triumph. The enthusiasm was universal: ablacksmith, at Sorell, unable to follow the army, offered to repair allthe guns belonging to the volunteers of his district. His example wasfollowed by another, who, having but one leg, contributed the sameservice to the common cause. Nor was supplication forgotten: a form ofprayer was composed for those who used formulas, and extempore petitionswere offered by other denominations. The colony, at large, cheerfullyresponded to the call of government: the military character of the planexcited the young, without much alarming the mature. The inhabitants ofthe towns readily enrolled, and the discussions every where exhibited acurious mixture of martial ardour and civil pertinacity. 

There were many old soldiers in the colony, who were amused, withoutbeing repelled by this mimicry of war. More busy civilians, wereanxious for the formality of incorporation, and the gradations ofcommand. The townspeople were allowed their choice, between more activeservice and garrison duties. "Gentlemen, " said an old soldier, "you maycall yourselves marshals, generals, and colonels, but the dutiesassigned you are usually performed by a corporal's guard. " It isgratifying to observe, that the last injunction of the Governor, and thelast lesson of the press, suggested humanity. Under the excitement oflosses and bereavement, the destruction of the natives had been invoked;but now, softened by the belief that the whites were about to complete awork which had been twenty-six years in progress, and to expatriate therace, with one voice all said, "spare them!"

The forces, including the military and constabulary, amounted to nearlyfive thousand; of these, 1, 500 were contributed by Hobart Town, and 500by Launceston. No army ever departed from their homes less agitated bythe uncertainties of the future; and notwithstanding the dreary pictureof the service, drawn by the colonel commanding, there was no dangerthat a bridge of Lodi, or a plain of Waterloo, would be found in thecampaign. Some went out with the keenness of sportsmen who might atleast catch a kangaroo: others were contented to live moderately well atgovernment charge. The clerks, released from their offices, gladlyembraced a holiday: the poor prisoner acted and felt as a free man, andrejoiced in the interval of his servitude; and keen and canny volunteersembraced the opportunity to range the unknown territory, for thediscovery of some neglected spot, which might offer a future home. 

On the 1st of October, the whole country was declared under martial law;excepting, however, from its operation, not only the British, but suchof the aborigines as were pacific. This measure was of no great moment, except that it authorised the pursuit of all natives in every quarter. 

The journals not favorable to the scheme, predicted its failure. Therewere vast probabilities against it: the nature of the force--the seat ofwar--the foe--the discipline--even the orders not to kill, were allpeculiar and discouraging. Townsmen, little accustomed to fatigue, andsportsmen not disposed to be silent, were to move sometimes in a regularand quiet line. A shot carelessly fired, the momentary slumber of anundisciplined sentinel, or the lazy evasion of a scout, might disconcertthe whole campaign. No Englishman could follow up the native: the array, the number and the glancing of muskets, gave warning from afar. AnEuropean, encumbered with his dress, could only move slowly, and whenpassing the bush must pause every moment, or be tortured at every step;but the native could swing from bough to bough, mount to the topmastbranch like an opossum, move past the people seeking him diligently, orlie down until they were gone. To many of the colonists, the campaignwas no child's play. The pursuit of solitary white or black rangers ofthe wood, was exhilarating to men of great animal courage, and who couldenjoy long intervals of rest; but a regular march, through such acountry, soon wore out the patience of many, and they were glad toresign the glorious undertaking to more ardent warriors. 

As the campaign advanced, the weather was unpropitious: crossing therivers became dangerous; trees had to be cut down to form temporarybridges. These obstacles cooled the spirit of volunteers, who passedrapidly from discontent to criticism, and from criticism to despair. "Many crawled home:" such was the indignant description of theirretreat, given by their comrades; and whilst the drenched, butdecreasing forces lay along the line, young men, it was said, crowdedthe streets of the capital, ignobly forgetful of the common cause. 

Parties were divided into threes, each forming a night watch: fires werelighted for the night, and illumined the whole distance of thirty miles, from Prosser's River to Sorell; and sentinels paced within hail of eachother. The police magistrates visited the several posts on horseback, and the Governor rode rapidly along the line, from the Clyde to SpringBay. Dr. Ross recording his Excellency's exertions, states, that toallow them a full description, would leave no room for any other topic!His labours and perils were the theme of admiration and sympathy: it wasreported, that he was lost three days in Paradise--a place renowned forits miserable vegetation, and the dreariness of its scenery. The warliketone of the day may excite a smile, but the fatigue was indisputable;and although the slipperiness of the foe gave the air of mock heroism tothe service, the watchers of the line were reminded, by frequent tidingsfrom homeward, that their enemy was strong enough to deal death to theaged and the innocent. Four blacks, who crossed the line, and hung uponits rear, inflicted terrible vengeance. One attacked a settler, whoreturned a mortal wound with a pitchfork. The survivors hovered aboutthe place to avenge his death: they at length found a victim in anamiable young lady, Miss Peters; who was speared in the breast. Shefelt, from the first, that the wound was mortal, and calmly resignedherself to her destiny. Others, left by their friends and dependants, were liable to the same perils: of this, Mr. Gildas, a settler on theTamar, was a remarkable instance: he had sent his men to the line, andwas thus alone. He left his house to seek for fire-wood, and wasspeared. The savages plundered his house, and defaced the pictures onthe walls. A pilot, calling at his dwelling, found it pillaged anddesolate. This man was at the battle of Trafalgar, and present whenNelson fell--himself reserved to perish in Tasmania, by savage hands. 

The division under Captain Donaldson, which followed up the main body ofthe forces, arrived on the 31st of October. Colonel Arthur issued fromthe camp (Sorell Rivulet), a statement that the final decisive movementwas at hand, and that those who had been exposed to great privations, would soon be released to their homes. Having been compelled to awaitreinforcements, the campaign had been unavoidably prolonged: to havemoved without them, would have risked the success of the enterprise; thetwo dangerous tribes would attempt to escape, and the forces in chargewere exhorted to redouble their vigilance, to prevent their breakingthrough the position. 

These notices indicate a confidence of success, doomed todisappointment. To the precipitation of Mr. Walpole's party, ColonelArthur attributed the failure of the expedition. They were instructednot to attempt a capture, unless a considerable number could be taken;but the sight of the slumbering enemy probably suspended therecollection of this order, and was one of those casualties which couldhardly be avoided, in such a wide distribution of command. It was on the22nd of October this misfortune happened: the natives were discoveredhunting, and were watched, until their evening fires were formed for thenight. No noise being heard, Mr. Walpole supposed they had taken analarm, and advanced at twilight towards the first hut, where he saw fiveblacks, with their dogs, fast asleep. He seized one man by the feet, andafter a severe struggle detained him: a boy, ornamented with figures onhis body, about fifteen years of age, shared the same lot; but twoothers were shot: the remainder fled. The quantity of spears and basketsleft behind, proved that their flight was sudden, and their numbersconsiderable. 

An attempt was made by the natives to cross the line on the 27thOctober. The sentry had set down his piece, and was putting some woodon the fire, when a spear was thrown at him: he threw the billet in hishand, and was reaching his musket when he received another spear; analarm being given to an adjoining party, the blacks were driven back, ofwhom, however, six only were seen. 

A circumstance occurred, which strongly confirmed the impression, thatsome treacherous whites had directed the natives. In pursuing them asfar as the isthmus, they discovered in their tracks the impression ofshoe-nails, and other evidence of the presence of white men. The reportswere soon spread, that the Oyster Bay and Big River tribes were in therear. The hopes of the colony rapidly gave way, and the Governor, writing to the Secretary of State, on the 21st of November, intimatedhis suspicion that the movement would be in vain. 

These reports were, indeed, constantly circulated, and tended to dampthe ardour and diminish the vigilance of the line. Some scouring partiesfrom Norfolk Plains fell in with a tribe of forty, whom they pursuedbeyond the Shannon. They followed them for three days, but werecompelled to return: the blacks, in their progress, had surprised asettler, and murdered him. The rumours of escape were aggravated byimagination: a party of the whites were seen by some sawyers, who ranaway and reported them as natives; and it was several days before theycould be persuaded of their error. 

The settlers, worn out with fatigue and longing for their homes, wereimpatient to advance, and afforded ample opportunities for concealmentand escape. Among the rest a place is noticed, which enabled the nativesto defy intrusion or discovery, near the "Three Thumbs' Mountain, "--analmost impenetrable forest, of seven miles extent: the spreadingbranches obscure the sky, and lofty plants grow entwined, and conceal anobject at the distance of a few feet. The attempt of the blacks to crossthe line discovered their retreat. It was resolved to assemble forcessufficient to surround, break through, and storm this thicket: it waspenetrated by about 300 men, who kept up a constant fire of musketry. Aparty, hearing the rustling of leaves like the noise of cattle, followedthe sound: they came up to an encampment, where the fires wereunextinguished, and where half-formed weapons indicated a hastydispersion. Here they found the impression of nails, and what weredeemed sure proofs of a superior directing intelligence. Thepresumption, that some convicts were incorporated with the blacks, wascertainly strong, but it was probably but a temporary or casualintercourse, of not much utility to the natives. The Governor had, however, a full conviction that to this circumstance the failure mightbe partly ascribed. In the middle of the march, he ordered thepublication of a report, which appeared decisive of the fact. Savage, aservant of Mr. Bisdee, was met half naked by the Governor, near Mills'Lagoon, to whom he stated he had been surrounded by a tribe, and rescuedfrom violence by a man named Brown, who was with them. This person hehad known in gaol. Savage advised Brown to bring in the natives, but herefused: he said that he had been frequently at Hobart Town, where hehad bought clothes for the women: he had a double-barrelled gun, andseemed to have complete control over them. They carried Savage with themas far as Mills' Lagoon, when he was told he might go. The Governor andhis party instantly set off in the pursuit, but they discovered notraces of the natives. The truth of this narrative has been questioned, yet from the number of points in which a correct memory, orextraordinary powers of invention would be requisite, the Governor mighthave easily detected imposition. The man stated that fright cured him ofrheumatism; his rags were consistent with his story. It is, however, theonly clear testimony to the presence of white men with the blacks atthat period. 

On the 26th of November, it was announced by the Governor, that thefirst series of operations was brought to a close; and except a few, requisite to protect the country, the colonists and their servants werereleased, and the town guards replaced. [17]

Those who had condemned the plan, now censured its precipitateabandonment: they said that hundreds of blacks were enclosed when thetroops were withdrawn. It is not likely, however, that the Governor wasdeceived on this point. It is certain that many blacks were in the rear, and the dispersion of the force was equal to a confession, that theobject was impracticable--that it had failed. 

Thus closed the Black War. This campaign of a month, supplied manyadventures, and many an amusing tale; and, notwithstanding the gravityof his Excellency, much fun and folly. The settler soldiers returnedto their homes, their shoes worn out, their garments tattered, theirhair long and shaggy, with beards unshaven, their arms tarnished;but neither blood-stained nor disgraced. They had seen much and dreadedmore; but, in general, they met no other enemies than scrub and thorns, and they sat down on their own hearths, happy in having escaped theramrods of their friends. The odd tactics, awkward movements--theskulking and the foraging, and all the various small accomplishments ofa bivouac, were long topics of conversation and laughter. The accidentswere few, though of these some were fatal: two aborigines only werecaptured, and one soldier was wounded. Yet though not very glorious, perhaps no evening in the year passes, but some settler's fireside isenlivened by a story of the fatigues and frolics of the Black War. 

When the last movement was completing, the _Science_ sailed for Englandwith despatches from Colonel Arthur: they indicate his expectation of afailure, and scarcely conceal his mortification. Either the originalimpossibility of the plan, or the indolence or incaution of those whocarried it out, had exposed the government to more than ridicule. Fivethousand men had taken the field, beside the town guard. Nearly £30, 000had been expended, and probably not much less value in time and outlayby the settlers, and two persons only were captured! Those whoprophecied the result, of course exulted in their sagacity: for therest, they either praised the motive or the details. An impartialretrospect will not permit a commendation of the plan. The arrangementswere ably made, and the parties, though they encountered difficultiesunusual, reached the appointed places with considerable precision. 

A public meeting was called to thank the Governor for his exertions inthe field. This assembly was summoned, says the chronicler of the times, by the largest placard ever published in the colony! The resolutions andaddresses were nearly unanimous; Mr. Gregson being almost singly opposedto this tribute of gratitude. It was objected by this gentleman, thatwhile the activity of the Governor was not to be disputed, exertionswisely directed were alone worthy of praise; and he compared the projectfor netting the aborigines, with an attempt to harpoon a whale from theheights of Mount Wellington. The ardour of the people would not, however, admit a comparison which it required at that moment somepolitical resentment to perceive. Nor is it precisely just to estimatethe merits of a plan, by the success of its application. A colonist at aglance sees, in the names which were attached to the addresses, that thewar was popular: all parties, of every shade, contributed something tothat warmth of commendation, which had been hitherto paid by one alone. In every district of the colony, the applauses of Hobart Town werere-echoed, and the Governor's replies gave back an exchange of praise. 

To suppose that Colonel Arthur expected military renown from such anenterprise, is certainly to under-estimate his ambition: to imagine thathe valued a military spectacle, is not consistent with a mind much toopractical for chivalry. His avowed and real object was to stop themurder of his countrymen, and to arrest the extinction of the natives;and it was not unworthy the public gratitude. [18] The Governor wasdelighted, however, by those proofs of the discipline of the prisoners, which were afforded through the campaign: many hundreds were in arms:they performed their duty with exemplary diligence and sobriety, andthus afforded the only spectacle which Colonel Arthur valued. It wascertainly unprecedented. Slaves have been armed by their masters--theirwives and children were hostages--but convicts, never. Robberies wereless frequent than usual, and the journals singularly free from thedetails of crime. The animating influence of confidence reposed, elevates the least romantic natures: since they were trusted, they werefaithful: all returned home to their servitude. 

FOOTNOTES:

[Footnote 17: The sheriff, Mr. Dudley Fereday, had before dismissed thatportion which guarded the gaol: he affected to believe that theprisoners were not safe. There was small chance of escaping, so observedthe newspapers, while the civilians were on guard--the prisonersthemselves had given up all hope! But the sheriff thought otherwise, ormore probably availed himself of his office, to cast into the dirt thehonors of the civic guard; who had observed the forms of militarydiscipline, and who merited a more distinguished termination to theirservice. ]

SECTION VII. 

While the hostile proceeding was in progress, the future preserver ofthe natives, Mr. Robinson, had already given his thoughts to theirconciliation. In 1829, he was appointed to take charge of Bruné Island, where twelve natives, captured, were located, and mixed with others whohad attained a partial civilisation. Mr. Robinson attempted to acquiretheir language, and was soon able to understand them. The pecuniaryadvantages of his office were not very alluring: £50 a-year, andrations, were thought equal to obtain a person of good character tomanage the infant establishment, and to effect the proposed intercoursewith this unfortunate race. Mr. Robinson described his plan, _as theemployment of persuasion only_, and requiring the withdrawment ofintimidation. He first laboured to acquire the language--a task of somedifficulty: the English were scarcely less ignorant on this subject, than when they first landed, and the dialects of the tribes differedconsiderably. The aborigines were supposed to understand the Englishtongue much more extensively; but the words with which they were mostfamiliar, were the imprecations so often addressed to them--they wereable to retort common terms of menace. Their intercourse withbushrangers and stock-keepers on remote stations, was the chief sourceof their knowledge. To learn the language as an instrument ofcivilisation, would be the first idea of a Christian missionary; but itwas a conception, too lofty for the colonial mind. It was forgotten thatby no other means can savages be softened, or permanently conciliated. The effect, when adopted, was electric: they learned to address Mr. Robinson as their _marmanake_, or father, and thus to distinguish himfrom other white men. The stupidity attributed to barbarians, and thevacant laughter, with which they receive the announcement of new ideasin a foreign tongue, would be ascribed, by experienced teachers, to theabsurdity of such a medium of communication. [19]

The plan adopted by Mr. Robinson, was not only humane--it wasreasonable. The natives were proud of freedom: their restraint wasdisguised, and by unvarying kindness he taught them to regard him astheir friend; and thus they were prepared, not only to submit to hisauthority, but to rely upon his promises. White men had thought it amerit to deceive, and it required some skill to convince them. Havingexplained the proposals of the government, he took with him several oftheir number, and went on his errand of mercy. The aborigines wereevidently prepared for his mission. Most of the tribes had occasionallydirect intercourse with Europeans--true, the more frequent, the morehostile; but while they regarded the whites with hatred, this commerceenabled them to appreciate the presents provided to entice them, andfacilitated friendly communication. All on the east side of the islandwere confederated; and when any were gained, they became agents in eachother's pacification. The late pursuit, though it had not subdued theirenmity, or even their courage, had convinced many that there was nosecurity but by peace. Others, however, long resolved to confide intheir own strength, and to take refuge in the fastnesses of the island. Such was the answer they gave to the messages of Robinson; but the lateevents had separated them from each other--it had scattered theirtribes: members of the same family were part in captivity, and theknowledge of their condition moved the sympathies of relations still atlarge. Of this, an affecting instance transpired in 1831. Some, who gavethemselves up, stated that they had been very unhappy: they had goneover the country, searching for their lost friends, of whom they couldgain no tidings. We realise a softening scene, in contemplating thesefragmentary tribes, traversing their ancient haunts, and uttering theunanswered, and then melancholy call which distinguishes their race. When this party were told that their relations were living under theprotection of Robinson, they expressed an anxious wish to join them, andmet them with exclamations of joy. 

The numerous islands that surround the coast, greatly facilitated thedetention of captives: few of the male natives could swim; fewunderstood the structure of a catamaran. The means of escape were noteasily obtained, and for a time the novelty and repose of their bondagemitigated their dislike to its restrictions: these natural fortresseskept them in safety, without the aspect of a prison; and one or otherisland was accessible from most points of the Tasmanian shore. 

Colonel Arthur implied, by his closing proclamation, when he dismissedthe forces, that their labors formed the first series of a connectedplan, only partially developed. The war was, in the estimation of theGovernor and his friends, a preparation for a mission of peace. It wasfortunate that Robinson's early progress imparted to the warlikeexpedition the _eclât_ of reflected success. It is not necessary toscrutinise the notion, or to teach what this history will notwarrant--that measures of conciliation are more successful, when pursuedunder the forms of hostility. Had the milder method been tested at anearlier period, the expenses of the campaign might have been spared. Colonel Arthur, however, warmly approved, and strenuously supported thepacific mission: not only was he convinced that nothing further could beexpected from arms, but he felt a real compassion for the unfortunaterace. In this course, he found considerable opposition. "_We stronglyraise_ our voice, " one editor remarks, "against _their civilisation_. The natives are not to be trusted; and the lives of all engaged in themistaken policy of conciliation, are never safe for one moment. "

The conduct of this mission, the Governor entrusted to the Aborigines'Committee, originally consisting of Archdeacon Broughton, Rev. Messrs. Bedford and Norman; P. A. Mulgrave, J. Thomas, S. Hill, and CharlesArthur, Esquires. Their authenticated statements are embodied in thesepages: their sentiments accorded with their character, but were slightlytinged by the feelings of the day. 

To devise the means of capture, and superintend their application, wastheir most important function. It was proposed by one gentleman, exasperated by injuries, or perhaps unconscious of the details of hisplan, to pursue the natives with bloodhounds. Another suggested theemployment of a man, "who would soon put an end to the eastern mob; andwho had already killed half that tribe, by creeping upon them and firingamong them. " He thought that "the worst men were the best to engage" inthis work. Another proposed to employ the sealers--men who had waged awar of extermination with great success. It is but just to observe, thatproposals like these, though received, were not favored by the Governor. They are in the records of Office, connected with the names of theirauthors, and they admit no other excuse than a reference to recent actsof aboriginal violence, which had shaken the common principles ofBritish humanity. 

The Governor had already announced the re-capture of the natives whoescaped from Mr. Batman's, while he was absent at the war. Theyre-commenced depredations: he finally re-took them without bloodshed. But the most pleasing intelligence, and that which chiefly inspiredhope, came from the south-east extremity of the island: Mr. Robinsonwent round the coast; touched at Macquarie Harbour, visited CircularHead, and Portland: there he took Lemina Beginna, a chief, andtwenty-two others, including thirteen conciliated at George's River. These were brought round to Gun Carriage Island; a temporary abode, ill-suited for their entertainment, and where several soon concludedtheir troubled career. 

Lemina complained that, many years ago, his wife had been taken away bysealers, and entreated the Governor to procure her restoration; anotherpetitioned, that his sister and his mother might be recovered from thesame vile oppressors. The sister was known as Black Jock, and seems tohave been greatly in request: she was in alliance with the leader of oneof the parties--less modest than familiar. A sealer, from whom she hadeloped, when she came back to the coast demanded her, with somevehemence, as his wife! So much beloved was this Tasmanian belle. Thearbitration of these disputes was no easy task: though sufficientlyridiculous, they often seriously endangered the mission. The Governorissued an order against the interference of the sealers, and declaredMr. Robinson under the special protection of government. 

In reference to these captures, the Governor publicly expressed hisgreat gratification, and requested the colonists to promote pacificintercourse, by all available means. The discretion displayed byRobinson, not less than his courage, excited much admiration, and hopeswere entertained that the true means of safety were at last discovered. Mr. Robinson now requested that the armed parties should be recalled, depôts established to afford an asylum to the captives, and additionalagents employed. Mr. Cotterell, and others were engaged to act insubordination to the movements of Robinson. The Sydney blacks, ten ofwhom had been brought down by Mr. Batman, for the mission, had beenfound less useful: they were rewarded, and sent home. The aborigines ofNew Holland despised the Tasmanian blacks--a race, ignorant of the_womera_![20]

In the following September, 1831, Mr. Robinson obtained anotherconsiderable accession, assisted by Lemina Beginna: they travelled, backwards and forwards, for four hundred miles, and found oldacquaintances. Eumarrah, the chief of the Stony Creek tribe, when he sawMr. Robinson, ran to him and shook hands, and with five men and onewoman, gave himself up: three only of his tribe remained! The captiveswere described as remarkably athletic: they talked incessantly, andcomplained bitterly that their women had been stolen. The inequality ofnumbers confirmed this charge. While Robinson was with them, a boat'screw came in sight; and it required all his influence to prevent thenatives from retreating with precipitation. Thus the evil they sufferedin their first intercourse, pursued them to the last moment of theirfreedom. 

M'Kay, who had been employed under Mr. Robinson, added to thesecaptures. Two friendly native women accompanied him, and they followedthe track for a week. At last, they found the natives encamped in aplain: in the dead of night the party dashed in among them, and took twomen, one woman, and a boy. Surrage, also assisted by two native females, captured eight men and two women. Their method was curious: the tamewomen were sent up the hill, where the fires were seen: they returned;four men followed them down to the boat, and six others, men and women, were speedily seen in the footsteps of their companions. 

While these captures were proceeding, Mr. Robinson started for theSurrey Hills and Circular Head. He left the party lately conciliated inLaunceston: they were cheerful, and expected their proposed voyage tothe islands with great glee. They spoke of their past outrages withoutreluctance, which they justified by relating the cruelties they hadsuffered. 

The Governor was anxious to notice every instance of intrepidity andkindness: it is the coward that is ferocious. The indulgences of thecrown were freely given to persons, of whatever class, who exemplifiedcourage and humanity. Mr. Anstey, a young gentleman of the interior, wasrewarded with five hundred acres. He had surprised and taken several, and the skill of his arrangements prevented the effusion of blood. In afew instances, the natives voluntarily surrendered. Mr. Charles Headlamsaw two approaching, holding up their hands--thus indicating the absenceof their spears: he was standing on the threshold when he remarked thesignal, and immediately lowered his gun. These unfortunate beings wereadmitted into the house, and supplied with food; and finally conductedto a place of safety. 

These feelings were occasionally damped by acts of atrocity, committedby the blacks. It is not to be supposed, however, that provocationceased, or that the impulse given by four years conflict, could besimultaneously paralysed. The tribes frequenting the Tamar and theForth, were represented as becoming increasingly mischievous. The fateof Mrs. M'Alister was deeply affecting: when wounded, she ran bleedingfrom her dwelling: her servants carried off the children to a place ofsafety. The unhappy mother concealed herself, for a time, in a field ofcorn: unable longer to suppress her anxiety, she rushed from her hidingplace, crying out for her children. She was seen by the blacks, andslain! The relater of this catastrophe concludes--"Let the sentence ofextermination in their hearts, be firmly sent forth on our parts. " If weshudder at such sentiments, they scarcely awaken surprise, when closinga narrative like this. 

The murder of Captain Thomas and Mr. Parker, by the Big River tribe, renewed the exasperation. His servants, who had landed some provisions, gave a small portion to the natives. He was told by three of the blacks, that many were in the woods, and he resolved to follow them. Parker, whoaccompanied him, advised him to take his gun. As they were walking, anative snatched it away: they became alarmed and ran, and were piercedwith spears. This case seemed to indicate a hopeless spirit of innatemalice: Captain Thomas was known to be humane, and his object was toconciliate. The natives had, however, experienced great cruelties fromthe servants and others. A coroner's jury brought in a verdict of wilfulmurder: those charged were arrested, and committed to gaol; afterwards, they were removed to Flinders. As the vessel rounded the coast, thescene of the murder was visible, and they became extremely agitated; butthe opinion of the colony was no longer favorable to executions, and thegovernment had discovered a more excellent way. 

Mr. Robinson now landed at Circular Head, and assisted by his nativecompanions, he followed up the Big River tribe: he fell in with theparty at Lake Echo; they had moved with haste, and left behind severalstand of arms, a looking glass, and the gun of Captain Thomas. Otherencampments were passed, but when Robinson approached them, theyinvariably fled. They had been to a spot twenty miles south-east of theVan Diemen's Land Company's establishment, whither they were accustomedto resort for a mineral, which is found in a decomposed bed of felspar. From this place they were followed by Robinson, who overtook them thirtymiles north-west of the Peak of Teneriffe. He saw them first to the eastof the Barn Bluff Mountain, and was not more than two miles distant. Hehailed his people, and selected a few of his friendly natives, who, together with the woman present at the murder of Captain Thomas, weresent to meet them. The party of Robinson were concealed by a scrub. Inless than half an hour he heard the war-whoop, and perceived that theywere advancing, by the rattling of their spears. This was an awfulmoment to their pacificator. On their approach, the chief, Manalanga, leaped on his feet in great alarm, saying that the natives were comingto spear them: he urged Mr. Robinson to run, and finding he would not, took up his rug and spears and went away. The rest of the alliesprepared to follow him; but were prevailed on by Robinson to remain. They inferred, that the natives sent on the embassy of peace, wereeither killed, or that they had joined the hostile tribe. As theseadvanced, the friendly emissaries were unseen, being hidden by thelarger number of the strangers, who still raised their cry, andapproached in warlike array. At length Robinson saw his own people: hethen went up to the chiefs and shook hands with them. He explained theobject of his visit; distributed trinkets among them, and sat down andpartook refreshment with them. From that time they placed themselvesunder his control, and as they advanced towards Hobart Town, heencouraged them to make excursions, which left their own actions free, and prevented suspicion and distrust. With their wives and children, this party consisted of thirty-six, and at length they were safelylodged on Swan Island. They were fine muscular men, and excited greatinterest and sympathy. 

This incident suggested to the venerable artist, Mr. Duterreau, the ideaof a national picture: he depicts the interview, and delineates thevarious countenances, drawn from the life, with great energy and effect. Robinson is seen in expostulation with a listening chief; a woman, behind him, is endeavouring to pour distrust into his ear. Others arelooking on in expectation or in doubt. The grouping is skilful andexpressive; and this picture, which has the great merit of minutelyrepresenting the attitudes and customs of the natives, will be aninteresting memorial, in another age, of the most honorable passage inTasmanian history. 

The results of his enterprise produced a strong impression in favor ofMr. Robinson: he had been thought rash, and even fanatical; his deathhad been predicted a hundred times--his success was attributed, half injest and half in earnest, to some species of animal enchantment. Thegovernment, at the suggestion of the Committee, acknowledged hisexertions, not only with warm eulogy but substantial rewards. Hereceived a maximum grant, in the title of which his service to thepublic was recorded, and was paid a salary more suited to the office hefilled. Others were also liberally recompensed for their contributionsto his success, of which the merit was more in its conception than inits detail. 

Having shewn the possibility of conciliation, Mr. Robinson declined thefurther risk of his life, except on terms which would place his familybeyond the reach of want. The Governor fully met his just claims, providing pensions for his wife and children, in case of his death, andpromising £1, 000, --£300 in hand, and the rest when all should be broughtin. It was understood, that the future government of the aboriginesshould be entrusted to his charge, when the mission had realised itsintention. The Governor granted all his requests, and spared no expenseto ensure his success. The task was not accomplished for several years, but from this time the natives at large rarely appeared, and thecolonists enjoyed that repose to which they so long had been strangers. His labours were attended with various and unusual perils. It was thecustom of the men belonging to the Circular Head establishment, toapproach the native fires, and destroy all they could not capture. Onenight, Robinson, with his black attendants, were on a point of land sixmiles from the establishment: the people were attracted by the smoke, when turning accidentally, he saw seven men cautiously creeping round:they had levelled their muskets: but for an instant recognition of hisvoice, his labours and his life would probably have ended. 

Mr. Robinson had learned, that a large party were approaching ArthurRiver, on their way to their own country, and returning from a warlikeexpedition against those recently captured. He resolved to send fourfriendly blacks, and three recent converts, to open a communication withthis tribe: they were to make signals, if successful. Two days after, the sign was given. On reaching the farther bank, he saw the wildnatives coming towards him with their waddies and spears. He proposedthat they should re-cross with him: they, however, desired him toremain, promising to hunt for his entertainment. He consented, and madethem presents; but he left his son, and a small party, in the rear. Hewas alarmed at night by a friendly native, who being acquainted with oneof the hostile tribe, had learned that it was intended to murder him andhis people. Robinson concealed his knowledge from his companions, lesttheir fears should be too powerful to suffer their remaining with him. The assassins extinguished their own fires, but did not lie down tosleep: Robinson kept his burning brightly, that he might watch theirmovement. They were earnestly chattering, and were trimming theirweapons, while one of their number insisted upon the cruelty of killingthe white man! On Robinson's rising, the whole seized their spears--onegrasped in their right hand, and a bundle in their left. The dogs ofRobinson's party had been secured, and their spears removed; they, however, escaped, and he was left alone. In a moment, he darted into thescrub: at this retreat, they seemed struck with astonishment; andquickly covered by the thicket, their spears did not reach him. Onclearing the scrub, he hastened to Arthur River, and crossed on afloating tree. At this instant, the natives reached the bank: he wassoon joined by his own friends, and confronted the hostile party, whostood on the opposite bank flourishing their spears. Robinson cried out, that he forgave their conduct, and offered them his protection. Thisinduced a girl and two men to join him; but his situation was perilous, and having made fires, as if for signals, he hastened away, to depositthe proselytes in safety. 

This tribe continued at large until 1834. They had determined never tobe taken--to subsist upon the _quoib_ (badger), and to perish ratherthan yield. Finding Mr. Robinson in pursuit, they endeavoured to eludehis search by false direction sticks. The blacks in his company dreadedan ambush, and declared that they should all be slain, if they proceededfurther, now that their pursuit was known to the hostile tribe. Mr. Robinson, however, resolved to persevere, and soothed their fears. Themarch was long and harassing, the natives having divided into threeparties, the better to escape. They were captured: eight in February, three in March, and in April, nine; and were embarked at Circular Headfor Launceston, and thence to Flinders' Island. 

The Governor warmly congratulated the colony on its deliverance, but thenumbers that remained were greater than he imagined. The abolition ofmartial law was deemed by some to be premature. Twenty were captured in1834, and seventeen in 1835. Mr. Robinson, after nine months pursuit, came up with the small relics which were known to be still at large, inMiddlesex Plains, and found one man, four women, and two children: theyhad travelled as far as the head of the Derwent. Two men, sent byRobinson with despatches from the place of their capture, were lost inthe bush, and perished. It was now announced, that no more aborigineswere at large: in this, both Mr. Robinson and the government weremistaken. Rumours, for several years, were continually stirring, ofblacks fleeing in the distance; of the thin smoke, the native cry, andother indications of their presence. At length it was proved, that thesewere not the ghosts of the departed tribes. In December, 1842, atCircular Head, seven persons were captured, and rejoined their longbanished countrymen. This remnant consisted of a single family: theparents about fifty years; the rest of ages from childhood to thirtyyears. They were taken by a sealer, whose boat they had pilfered, andconveyed to Flinders'. They were more than usually intelligent in theirappearance: they did not understand one word of English, and they hadprobably retained to the last the primitive manners of their race. 

Mr. Robinson was a builder at Hobart Town, his family was large, anddepended on his trade. It detracts nothing from his merit, while it ishonorable to the government, that he was a gainer by successfulhumanity. The munificence of the crown, alone prevented a largersubscription by the people; he had, however, the warm and unanimousexpression of public gratitude. 

The character of his mission was supported by his conduct. He wentunarmed, and if the natives approached him at all, they were devoid offear and therefore of ferocity. He plunged into the heart of the forest, assumed the habits of a wanderer, and continued his absence for monthstogether. He shared the danger of his allies, and confided in theiraffection: he encouraged their sports, and so far as could a white man, without debasement, he became one among them. Hitherto the English haddealt treacherously, and rarely approached their camps, but to oppress, to mock, or to destroy them. They now discovered, that all were notenemies, and kindness was felt more powerfully by contrast. It is saidby Backhouse, that Robinson acted under a sense of religious duty; byMann, that he was a fatalist or predestinarian: he was calumniated bythe base and the envious: the ascendancy he acquired over the natives, the Christian philosopher can easily comprehend. The effect of "goodwill to men, " is peace on earth. Moral courage, united with generosity, often overpowers the suspicion and hostility, of even the mostbarbarous. The coward dies, while the man of bold spirit dissipates theclouds of distrust, and wakens in others the confidence he himselfcherishes. Nor is it necessary for the writer to observe, that DivineProvidence gives back often, the "hazard of their lives, " to theresolute in right, or that an omnipotent protector attends the footstepsof the merciful. 

Thus, in their harassing life, parents and children had been divided, and families had been broken up in melancholy confusion: indeed, theyhad ceased to be tribes, and became what they were called--mobs ofnatives, composed often of hereditary enemies. Infanticide and distress, rapid flight, and all the casualties of a protracted conflict, threatened them with speedy destruction. Had not Robinson appeared, thelast savage, hopeless of peace or safety, would have perished with hisweapon in his hand. It was a great deliverance to this colony, as wellas to the native. From the Windmill-hill at Launceston, whence a wideand beautiful country is visible, the spectator could discern the siteof twenty aboriginal murders--settlers, servants, and infants; the agedand the kind had fallen, as well as the base hearted and cruel. It wassomething to know, that the fatal hand, which no precaution couldresist, would be raised no more. 

It was, indeed, a mournful spectacle: the last Tasmanian quitting theshores of his ancestors: forty years before, the first settler haderected his encampment! A change so rapid in the relations of a peopleto the soil, will scarcely find a parallel in this world's history; butthat banishment which, if originally contrived, had been an atrociouscrime, was at last an act of mercy--the tardy humanity of Englishmen, which rescued a remnant, extenuated the dishonor of their cruelty to therace. As for Mr. Robinson, he enjoyed, not only the bounty of thegovernment, but the affection of the natives--and the applause of allgood men. His name will be had in everlasting remembrance: happierstill, if numbered by the judge of all among his followers, who came"not to destroy men's lives, but to save them. "[21]

FOOTNOTES:

[Footnote 18: "Gentlemen, " said Mr. Kemp, of Mount Vernon at the mess atthe Macquarie Hotel, "you see a sample before you, of what this colonycan produce, which we are now, one and all, making an unanimous effortto insure the enjoyment of in peace and comfort: if, when not only thenecessaries, but many of the luxuries of life are thus bountifullysupplied us, we are not loyal, we shall never be loyal. Fill yourglasses, gentlemen--the health of his Excellency; and success to thevolunteers. Hip, hip, hip, --hurrah!"--_Courier. _]

[Footnote 19: Thus, while at some stations in New Holland clergymenexplained in English the principles of Christianity, the thoughts of thenatives strayed to subjects more familiar, and cries of "bacca" and"sugar, " disturbed the gravity of devotion. ]

[Footnote 20: Throwing stick. ]

[Footnote 21: It would be difficult, however, to believe Mr. Robinsonwas not satirical, when he wrote as follows;--

"The system adopted toward the aborigines of this territory is quiteoriginal. History does not furnish an instance, where _a whole nationhas been removed by so _MILD AND HUMANE A POLICY!"_--Report H. Commons_--_Aborigines_, 1835. ]

SECTION VIII. 

During the progress of these captures, the question of future disposalwas slowly determined. Those lodged on Gun Carriage Island, throughinjudicious restraint or want of pure water, or melancholy, rapidlydecreased. The government was bound to seek for them a more salubriousprison, or to restore them to the main land: an event, which would haveensured their immediate destruction. Maria Island, recommended both byMr. Robinson and Mr. Bedford, was desirable, as contiguous; but nothingcould prevent an escape to the colony. Kent's Group, on the coast of NewHolland, was next proposed; but the passage is difficult, and betweenthe islands, said the sailor witness, "the sea pours like a sluice, andthe winds drive through like a funnel. " Then came King's Island, situated 140 miles north of Van Diemen's Land; but it was said to beinfested with badgers and bandicoots, and that the natives would retireinto the woods, and be no more found. Such was the extent of officialknowledge, in reference to these dependencies, that to select a spot itwas necessary to appoint a special survey; but although the natives werefast dying, the vessel destined to this service was first sent for acargo of timber!

Captain Jackson having visited the Straits, recommended Flinders', sometimes called Great Island. The aborigines who joined in this visit, were delighted with the country: they returned to their companions withthe spoils of hunting, and celebrated their good fortune in songs. Asoldier, who accompanied the party, wholly differed from this report: hesaid the climate was bleak, the soil sterile, and destitute of springs;and his objections, though attributed to malice, have been confirmed byexperience. After much deliberation, Flinders' Island was preferred. 

The Chief Justice, Sir John Pedder, opposed the removal altogether: tootruly he judged, it would be followed by rapid extinction. In denying tothe aboriginal remnant an asylum within the country of theirforefathers, we inflicted the last penalty which can fall on a race, whose lives the victors condescend to spare. It was too late, however, to repent; and pioneers were forwarded to the place of exile. The usualfatality attended the first choice of a township, but in 1832 Mr. Backhouse, at Colonel Arthur's request, proceeded to Flinders', wherethe station was finally chosen; it was called, _Wybalenna_, --the "BlackMan's Village. " The natives were under disguised military control, butwere exceedingly docile and submissive. Cottages were erected for theiruse. The women found some amusement in sweeping their houses, anddepositing or replacing the articles of their furniture--their beds, bedsteads, tables, and stools: they washed the garments of theirhusbands; who, when they had occasion to complain, threatened to workfor themselves. They had seen the wives of the soldiers washing, andinferred that this exercise was the special privilege of women. 

The acting commandant, in 1832, reported them as in the highest healthand spirits, full of intelligence, advancing step by step towardscivilisation: so they were described, and such was their aspect. Theywere furnished with every article of domestic use, far more numerousthan usually fall to the lot of the English cottager, and which, to anIrish peasant, would suggest the idea of shopkeeping: the men, dressedin duck clothing and Scotch caps, voluntarily appeared with thesoldiers, and presented their necessaries for inspection. 

A large group watched the landing of Mr. Backhouse in silence; but wheninvited, they rose up and shook hands; and when told that provisions hadarrived, they set up shouts of joy: they wore clothing, except in theirdances, which they held thrice a-week, after sun set; they exhibitedmuch cheerfulness, affability, and mutual kindness, and no greatdeficiency of either physical or intellectual power. 

The system pursued by Mr. Robinson at Flinders', is minutely describedin papers published by the House of Commons. The establishment of--

1. An aboriginal fund. 2. A circulating medium. 3. An aboriginal police. 4. A weekly market: and 5. A weekly periodical. 

The first four of these measures succeeded: the periodical _was not_successful! but Mr. Robinson established a respectable currency: he madethe natives purchase all articles except food; and once, when the supplyof tobacco was scanty, it rose to the price of 32s. Per lb. ! They weretoo prone to dilapidate and destroy their dwellings; they were thereforerequired to pay for the locks, cupboards, and doors. They wereinstructed in the Christian religion, and displayed considerableaptitude; but of some, it is remarked, that they were inattentive tolearning, and fond of the chase!

The civil and religious administration of Flinders' Island has beenoften changed, and subject to factions and disputes. The stories whichfloat in the colony, respecting the little empire of _Wybalenna_, aregrotesque and humorous. No modern author will venture to look into theabyss of despatches, which develop its policy. To arrive at the truthwould require an amount of labour, perhaps not beyond its intrinsicworth, but involving large discussions and questions not without peril. Mr. Backhouse, before leaving the colony, renewed his visit as the envoyof the government, to heal divisions which had broken out with virulencebetween the ecclesiastical and civil powers. He observes, that theyprincipally resulted from misunderstandings, and with this caution weresign them to the curious of some other age. It may, however, besatisfactory to know, that in the order of succession, Messrs. Darling, Robinson, Drs. Jeannerett and Milligan, have been commandants, and thatMr. Wilkinson, Rev. Mr. Dove, and Mr. Clark, have filled the office ofchaplain. 

The religious manifestations of the aborigines are differently estimatedby different minds: by some, considered purely mechanical and imitative;by others, as the simple expressions of a genuine piety. The evidence oftheir worth, would depend greatly on accompanying moral developments. The piety of a proselyted heathen is like that of a child, more insensibility than concatenated dogmata: they repeated a creed, onlypartially understood; but they also became conscious of a SuperiorPower, and a nobler destiny. The highly intelligent appreciation ofreligious knowledge, attributed by their guardians, did not appear tothe casual visitor; and was probably, unconsciously, coloured. It doesnot pertain to this work to examine the evidence of their personalreligion, which, however, sometimes had a conservative influence inlife, and to several yielded consolation in their last hours. 

In 1835, Mr. Robinson entered on his office as commandant: believingthat his mission was accomplished, he gathered the people together, andmade a feast, in which they were to forget the animosities of theirtribes, and join as one family. Scarcely was this union effected, whenthe occupation of Port Phillip drew attention to the aborigines of NewHolland. Mr. Wedge, who visited that country, made known to thegovernment the barbarity of the monstrous whites; who, so soon as theytouched those shores, wantonly stained their hands with native blood. Tothat gentleman we owe our ability to trace to its origin, anextermination which has kept pace with the colonisation of that region. 

Mr. Robinson proposed to remove the natives of Tasmania, then eighty-twopersons, to Port Phillip. It was expected that their presence wouldexcite the curiosity, and stimulate the civilisation of the NewHollanders; that possession of a flock, then 1, 300 in number, would giveuseful ideas of the bounty of their benefactors. It had been thoughtdesirable to reward the aboriginal guides, and one hundred ewes andthree rams were forwarded to the establishment, to be distributed amongthem: a large addition was made by private benevolence. The increase oftheir flock, became a source of temporary profit to the natives: thewool was brought to Launceston, and exchanged for haberdashery, andother articles of domestic use. 

The British government, after much hesitation, fearful of itsconsequences to the Tasmanians, consented to their removal. In 1838, Mr. Robinson received the appointment of Chief Protector to the Aboriginesof New Holland: the nature or the utility of that office, does notbelong to this work to discuss. By treaty with Sir George Gipps, thegovernment of Van Diemen's Land agreed to pay a sum annually for eachten who might survive. The deportation was sanctioned by the blacksthemselves: the certificate, which bears their signatures, might besupposed to represent a congress of heroes, or the pack of ahuntsman--names, which are chiefly borne by dogs and princes. [22] Theywere anxious for the change, but quite incapable of estimating itsresults. A party of twenty-two therefore accompanied Mr. Robinson, butthe issue was disastrous: called away by the duties of his office, hecould not extend to them a proper supervision: they were again exposed, in another land, to their old adversaries and seducers, thestock-keepers: they were too few to form a village, and death thinnedtheir numbers: two returned to Van Diemen's Land, and afterwards toFlinders'. Of the rest, two were executed for murder. Mr. Batman had inhis house at Port Phillip, a native woman and two boys; but the NewHollanders were rather the objects of aversion than sympathy: and, fearful of their violence, the Tasmanians avoided their company, andshowed no disposition to forsake their protector. 

During the whole period of their residence at Flinders' Island, it doesnot appear that any white man on the station, or even of their owncolour, had preferred a criminal charge against one of them. Thecommandant, as magistrate, possessed a summary jurisdiction; and therestrictions in his court he could supplement with the forms andensignia of power. A late commandant, when he sentenced to smallpenalties for petty offences, sat at night; and to impress theirimaginations, the hall of justice was guarded with drawn swords. 

FOOTNOTES:

[Footnote 22: Achilles, Ajax, Buonaparte, King George, Hannibal, PeterPindar, Neptune, Tippoo Saib, Washington. A few only bore the names ofordinary mortals. ]

SECTION IX. 

The advances towards the final extinction of the natives, have been morerapid than was expected; but the certainty of that event was never thesubject of doubt. Sir George Murray, on the 5th November, 1830, anticipated, and wrote down their fate; and inferred, from theirdecrease, that at no distant period the whole race would become extinct:but he declared that the adoption of any course of conduct, with thisdesign, either avowed or secret, would leave an indelible stain upon thegovernment of Great Britain! It will be seen, however, that the progressof decay was never arrested for a moment. The mortality at Bruné andSwan Islands was not less than at Flinders'; but from 1832, a regularaccount has been preserved. [23]

Of the forty-five landed at Oyster Cove, in 1847, thirteenwere men, twenty-two women, and ten children. Such has been the progressof their decline, and with numbers so inconsiderable, the problem oftheir fate is solved. 

The original amount of the natives has been a question much debated:like a procession in a circle, a population in motion, when notpersonally distinguished, will appear more numerous than the actualcensus. Mr. Kelly, who often had passed the coasts, calculated them at, originally, 7, 000, but he guessed their number to be 5, 000 in 1830: theobvious error of the last estimate, would naturally suggest a doubt withreference to the former. Several hundreds were, however, seen in oneassembly, within the last thirty years. At Hobart Town and Launceston, from one to two hundred have appeared together. It was their custom todistribute themselves in parties, of from forty to fifty each. Theirfires, kindled on the sea shore, were often left burning, when they hadmoved on to the next stage; and those who saw the flames fromship-board, concluded that aborigines were lying around them, and thustelling their numbers by the fires, they were often greatly deceived. The rapidity of their movements led to the same mistake: they appearedat places sufficient to establish an _alibi_, according to the currentmeasures of distance. They had innumerable paths which shorten ajourney, then unknown to the English: it was thus, that they were twicereckoned, even when carefully counted. No reliance, however, will beplaced by persons of experience on the rumour of numbers. Nearly all whoreport an assembly, judge by imagination rather than minute inspection;thus, mobs are spoken of as tens or hundreds of thousands, without anyintention to mislead. It will be the hope of the humane, that the lowestestimate is the true one: it can hardly be doubted, however, that theywere originally from 4, 000 to 5, 000: they were estimated by Mr. Robinsonat 700, when he commenced his mission; 203 were captured--many, in themean time, fell by unknown violence and perpetual persecution: athousand muskets were charged for their destruction. 

The causes of their diminution in Tasmania have been already stated; butsome of these continued their operation even after the capture: theirnatural consequences followed. Towards the last days of their savagelife, the sexes were disproportionate, although the balance was partlyrestored by associating the women who had been longer in captivity, withthe men whose wives had died; but many of these women had becomelicentious, and by an extraordinary oversight the government permittedunmarried convicts and others to have them in charge, or to assist inthe preliminary labor of their establishment: the result need not betold. The infant children had perished, by the misery or contrivance oftheir parents: thus in 1838, of eighty-two there were only fourteenchildren, and of the remainder, eight had attained the usual term ofhuman life: many who surrendered, were exhausted by sickness, fatigue, and decripitude. They were the worn out relics of their nation, and theycame in to lie down and die. 

The assumption of clothing occasioned many deaths: they were sometimesdrenched with rain--perspiration was repressed, and inflammatorydiseases followed: the licentiousness, and occasional want of the fewlast years, generated disorders, which a cold brought to a crisis. Amongsavages, the blanket has sometimes slain more than the sword: itdestroyed the Indian of North America, and even threatened the NewZealander with a similar fate. [24] The abundant supply of food, andwhich followed destitution, tended to the same result: it was adifferent diet. The habits of the chase were superseded, and perhapsdiscouraged: the violent action to which they had been accustomed; thedancing, shouting, hurling the waddy and the spear--climbing for theopossum--diving, and leaping from rock to rock--assisted the animalfunctions, and developed muscular power. To continue them required theoccasion, as well as the permission; but the stimulus was gone. 

It is said, by writers not favorable to the establishment at Flinders', that attempts to force the customs and habits of a civilised people wereunreasonably, and even ridiculously severe. However docile the blacks, and generous the intention of their teachers, the physical effects of atotal change in the habits of a race are not to be disputed, or thatwhat may be harmless when the result of choice, and founded on newmental and physical stimulants, is dangerous when the mind is vacant, and the objects of civilised exertion unappreciated. Perhaps, no one isblameable. In their social circumstances, we may indeed trace theoccasion of decay, but they were no longer produced by cruelty. 

There were, other causes. The site of the settlement was unhealthy: theywere often destitute of good water; the tanks preserved an insufficientsupply. It is admitted that they frequently suffered this lack; but itis stated, that they had sufficient allowed them when sick!

It is, however, clear, that many perished by that strange disease, sooften fatal to the soldiers and peasants of Switzerland, who die inforeign lands from regret of their native country. They were withinsight of Tasmania, and as they beheld its not distant but forbiddenshore, they were often deeply melancholy: to this point the testimony ofMr. Robinson is decisive, though not solitary. [25] They suffered muchfrom mental irritation: when taken with disease, they often refusedsustenance, and died in delirium. The wife, or the husband in perfecthealth, when bereaved, would immediately sicken, and rapidly pineaway. [26]

Count Strzelecki has propounded a curious notion of the laws ofextinction, in reference to this race. He states that the mother of ahalf-caste can never produce a black child, and thus the race dies. Hisstatement would need the most positive and uniform testimony; but it maybe added to the curiosities of literature. The decrease of populationamong the inferior race, when harassed or licentious, is certain; butsurely there is nothing occult in this, or requiring further explanationthan is afforded by human cruelty and vice. 

Among those who survive, is the wife of the native Walter GeorgeArthur, the half-caste daughter of Sarah an aboriginal woman. [Lookinglately at a picture of Don Quixote, she pointed him out as the man whofought with the windmill. ] Her mother has a younger son, now or latelyat the Queen's School, and of pure aboriginal blood. A natural law, bywhich the extinction of a race is predicted, will not admit of suchserious deviations. 

In 1844, a Finance Committee of the Legislative Council proposed therestoration of the natives to this colony. The frequent reference tohead-quarters by the officers in charge, perplexed the government; whoalleged that the distance permitted the oppression of the natives, andexposed them to the caprice of their guardians. The measure was delayedfor four years; but in 1847, the dismissal of the commandant revived theproject, and in October of that year they were landed in Van Diemen'sLand, and located at Oyster Bay, once a great station of their people. The removal was unacceptable to the colonists; the outrages of formeryears were remembered by many, as scenes of domestic mourning. No murmurhad ever been heard at the cost of their safety: it was deemed a smallatonement for a national wrong: nor will it be possible to state anexpenditure which the colonial public would be unwilling to sustain--tosmooth the last hours of this unfortunate race. The transfer of a partto Port Phillip, had been attended with fatal consequences to several, and had ended in murder and executions: it was feared that the vicinityof their former haunts might revive their habits of wandering, and oncemore expose them to those gangs of felons who set no value on aboriginallife. These sentiments led to a spirited remonstrance, in which manyrespectable settlers concurred: the government had not anticipatedopposition, or it may be presumed that a statement of the actualcondition of the natives, and the provision intended for their safety, would have preceded this change in their abode. The dark shadows offormer years threw doubt on their present character: happily, however, these impressions were erroneous. 

The few who remain, are not likely to forsake the comforts of theirhome: belonging to various tribes and different dialects, particulardistricts do not present equal attractions to all. They have learnedalso to rear vegetables, and the greater number are said to be familiarwith English customs. By the census, they are assigned to the Church ofEngland; but the distinctions of theology are beyond theircomprehension, and therefore their choice; and it is perhaps to belamented, that from the period of their capture, they have not beenplaced entirely under the parental care of some religious communion. Those who think lightly of missionary institutions, will find here noground for exultation in the disastrous surveillance of the civilgovernment. 

Englishmen, of whatever rank, cannot fail to survey the aboriginalyouth, less in number than many a colonial household, with deepsolicitude; or when estimating their claims, to remember the fortunes oftheir fathers. Or should their helplessness and dependence ever tempt aruler to expose them to the corrupting influence of the lowest examples, and to assign them the meanest education, he may be recovered to somesense of justice by the following confession of a distinguishedpredecessor:--

"Undoubtedly, the being reduced to the necessity of driving a _simplebut warlike, and, as_ IT NOW APPEARS, NOBLE MINDED RACE, from theirnative hunting grounds, is a measure in itself so distressing, that I amwilling to make almost any prudent sacrifice that may tend to compensatefor the injuries that government is unwillingly and unavoidably theinstrument of inflicting. "--GEORGE ARTHUR. [27]

FOOTNOTES:

[Footnote 23:

+-----+---------+-----+--------+|Date. |Captured. |Died. |Escaped. |+-----+---------+-----+--------+|1831 | 54 | -- | -- ||1832 | 68 | 5 | -- ||1833 | 42 | 40 | 3 ||1834 | 20 | 14 | -- ||1835 | 17 | 14 | -- || |---------+-----+--------+| | 201 | 73 | 3 |+-----+---------+-----+--------+

The numbers were-- In 1836 In 1838 In 1847 ---- ---- ---- 123 82 45]

[Footnote 24: The Bishop of New Zealand has wisely protested against theblanketing process of depopulation. The ignorant natives, accustomed tolie down in their damp huts, were steamed into consumptions. ]

[Footnote 25: "They pine away: more than one half have died, not fromany positive disease, but from a disease they (physicians) call _homesickness_;'--a disease which is common to some Europeans, particularlythe Swiss soldiers. They die from a disease of the stomach, which comeson entirely from a desire to return to their own country. "--_Evidence ofCol. Surgeon Barnes: Par. Papers. _]

[Footnote 26: The subjoined abbreviated list may give an idea of therapid decline:--

_Commandant's Office, Flinders' Island. _

1836-- DEATHS:

December 24. --The native youth, George. 30. --The native man, Nimrod. 1837--January 28. --The native man, Columbus. 29. --The native woman, Pupedar. February 5. --Of acute pneumonia, the native man Samuel. 20. --Of chronic visceral inflammation, the native man, Algernon. 25. --Of the same, the native man, Matthew. 26. --Of the same, native man, Omega. 29. --Of the same, native woman, Truedeberrie. March 16. --The native woman, Tyree. 21. --The native woman, Queen Charlotte. 30. --The native woman, Manoon, ditto Maria, and an infant. 

J. ALLEN, _Surgeon_. 

June 3. --Of extreme debility, Daniel. 20. --Of inflammation in the intestines, the aboriginal native, King William. 

A. AUSTIN, _Medical Attendant_. 

--_Parliamentary Papers_. ]

SECTION X. 

_Origin. _--The traditions of the natives afford no clue to their origin. They are, perhaps, a branch of the Australasian family settled in NewHolland(?). _Mocha_, is the name for water among the western tribe ofthis island: it is known by the same sound at Cape Leeuwin, on thecontinent. Though boats were not employed, they constructed a catamaranof bark, or decayed wood, of the specific gravity of cork: thesematerials, tied together, enabled them to pass to the islands of theStraits. 

Lieutenant Gunn found at Maria Island, and preserved for several months, a catamaran, sufficiently tight and strong to drift for sixteen ortwenty miles: each would convey from four to seven persons. Thecatamaran described by the French naturalist, found in Adventure Bay, was made of pieces of bark, and held together by cords made of grass, and assumed the appearance of meshes worked in the form of a _pentagon_. Mr. Taw, the pilot of Macquarie Harbour, saw the natives cross theriver: on this occasion, a man swam on either side of the raft--formedof the bark of the "swamp tree. " The distance between the islets is notsufficient to shut us up to the notion of a local creation. [28] A NewHolland woman, taken to Flinders', remembered a tradition, that herancestors had driven out the original inhabitants--the fathers, it is_conjectured_, of the Tasmanian race. History carries us back to theyear 1642, and it is in vain to seek authentic information from a peopledestitute of records, and perpetually wandering. The time between thefirst visit and colonisation, was quite sufficient to obliterate thetraces of earlier migrations. 

_Consanguinity. _--A comparison of the Tasmanian with the European, woulddiscredit a common root; but the wide spread family of man exhibits allthe shades and varieties, by which the extremes are connected. Strzelecki observes, that to account for this connection, is not lessvainly attempted than an explanation of the existence of marsupials: butthe cases are not comparable. The difficulty, in reference to the humanrace, is resolved by its intermixture: nature mingles none but kindredblood. 

_Stature. _--The man of Tasmania, is from four and a-half to five anda-half feet high. The skin is blueish black; less glossy than the nativeof the continent. The facial angle is from 73° to 85°. The features ofthe women are masculine: the mammæ become pyriform, and elongate innursing. The hair is black, and woolly; sometimes luxuriant, occasionally long and glossy. The eyes are full: the eyelid dropping:the iris dark brown: the pupil large, and jet black. The forehead ishigh, narrow, and running to a peak: the malar bones are prominent, thecheeks hollow, the breast arched and full: the limbs round, lean, andmuscular: the hands small; the feet flat, and turned inwards. The framedoes not differ from the common structure of man, and by science is notpronounced inferior, according to the rules of phrenologists. [29]

_General Appearance. _--The impression made upon spectators by theTasmanian race, has been curiously various. By some, they are said to bethe lowest in their physical organisation, their mental capacity, andtheir social condition. Those who saw them at the same period, andcompared them with the inhabitants of Port Jackson, differed entirely intheir estimate. In the aged women, there was little to admire: of them, even Mr. Backhouse speaks with unwonted emotion: they reminded him ofthe ourang outang; they were hideous! but he thought the younger womenmore agreeable. Another visitor in 1830 describes them as having smallhollow eyes, broad noses, nostrils widely distended; jaws like theourang outang; thin limbs; shapeless bodies; and a hideous expression ofcountenance! Cook described them as having lips not remarkably thick;their noses moderately flat. Labillardière noticed a peculiar projectionin the upper jaw of children, which recedes in adult age. They certainlydo not correspond with our notions of beauty, but they are not inferiorto millions of the human race. Among the captives, were some whosestature and port strongly impressed the spectator. Backhouse observedone especially, whose features had a Jewish cast, and reminded him ofthe popular pictures of Abraham! Their thin and wretched appearance, occasioned by their diet, and diseases, cannot be properly attributed totheir constitution. Half starved human beings, unclothed, are everunpleasing. Those acquainted with populous cities in Europe, have oftenbeen compelled to recognise, in the squalor and emaciation of classes, the germs of a new race. The captive blacks, when partially clothed, relieved from anxiety, and supplied with food, soon presented a newaspect; and their countenances were lighted up with cheerfulness andintelligence. 

_Families. _--Polygamy was tolerated: women were, latterly, bigamists. Labillardière observed that one man had two wives: this philosopher washeld in suspense, on the comparative happiness of their condition; true, the affections of the husband were divided--but they jointly catered forone man instead of two! It is said that they courted with flowers: anauthenticated fact, proves that the female occasionally possessed anegative. _Roomata_ (Bet) rejected the addresses of _Trigoonipoonata_(Jack); but she learned the worth of his affection. She was crossing ariver, and became ill: he sprung to her relief, and carried her safelyto land; and she became his wife. [30] They daily brought game to theresidence of the superintendent, during his temporary absence--lest, said they, he should want on his return. The woman having been leftbehind, on recovery followed the tribe with the new born infant. Thetoil of the journey, and of the encampment, chiefly fell to her lot: shecarried utensils of all kinds, except the spears. The infant was slungon the back, and suckled over the shoulder: a draftsman, in the companyof Cook, drew the portrait of a young female, so burdened. The positionof the child has been pronounced, without much reason, a proof of lowmaternal sensibility. Those who have carried children through a journey, can only imagine the amount of affection requisite to convey, often morethan one, after a tribe in its rapid migrations. 

_Infanticide. _--Infanticide was not common; although, in the latterdays, when harassed by daily conflict, the practice, was not unknown. Itis stated by Leigh, that they were careful not to increase in number, and that they sold their female children. At a later period, it is said, that to suckle puppies they abandoned their offspring. Such facts arenot incredible, when they relate to individuals, but are scarcelycharacteristic of a race: all nations have perpetrated infanticide, fromnecessity, or pride, or barbarism. Infant life is little valued amongsavages, and female children least: they run the gauntlet of a thousandperils. Fewer were born than among settled people, and more died ininfancy. 

Uncivilised man is ever harsh in his treatment of woman. The natives ofthis country were less imperious than those of Port Jackson, where theblows of the waddy solemnised matrimony. Beside the burden of travel, they chiefly hunted the opossum, and mounted the lofty trees of theTasmanian forest. When the man condescended to give part of his spoil, he handed over his shoulder the least delectable pieces to his wife, whosat at his back. Often, however, this indulgence was refused. Mr. Hortonrecords an instance of unkindness, perhaps not general, nor veryuncommon: it was noon; the mother, her infant, and little boy, had beenwithout food all day: the father refused any part of that he hadprovided. Another of the tribe, however, was more generous: when hehanded the woman a portion, at Mr. Horton's request, before she tastedany herself, she fed her child. 

They were often misunderstood; but they were sensible of domesticaffections: the tribes were scattered by the last war--some werecaptives, others fugitives: eleven were already lodged at Richmond, whenMr. Gilbert Robertson brought up two others, a man and woman: they wererecognised from afar by the party first taken; these raised the cry ofwelcome; it was a family meeting, and deeply moved the spectators. Theparents embraced their children with rapture, and many tears. 

Under an engraving of a Van Diemen's Land woman and child, from apainting by J. Webber, the _Journal of Civilisation_ ventures thefollowing:--"Contemplate the appalling picture! see her, in fact, without maternal affection! To such a mother, it would matter little tosee her babe fall from her back and perish!" The woman of Van Diemen'sLand, by the French artist, is most lively and maternal: her child isleaning over her head, its feet resting on her shoulders: she looks uptowards it, with a strong expression of affection. Labillardièrerepeatedly remarks the tenderness of the women to their children, as"very engaging. " He also had a theory: but why suppose a black womanbelow a tigress, in the scale of maternity. The law of nature, deadenedby circumstances, but which is even strong in the brute, was notinactive in their hearts. In every country, it is individually variable. 

There is a grave in a garden at Ben Lomond: Mr. Batman, the morningafter its little tenant was deposited, walked up to the spot; butalthough he went at sunrise, one person was earlier: a Tasmanian woman;who sat by the grave, and wept. It was the mother. 

_Half-caste. _--The half-caste children were oftener destroyed. A woman, who had immolated an infant of mixed origin, excused herself by sayingit was not a _pretty_ baby; this was, however, far from universal, andmore commonly the act of the tribe than of the mother. A native woman, who had an infant of this class, fell accidentally into the hands of hertribe: they tore the child from her arms, and threw it into the flames. The mother instantly snatched it from death, and quick as lightningdashed into the bush; where she concealed herself, until she made herescape. The injuries she received were, however, fatal. An elderdaughter, called Miss Dalrymple, was the first half-caste child born inthe colony: she was remarkably prepossessing: her eyes black, her skincopper-colored, her cheeks rosy, and her limbs admirably modelled: shewas adopted by a settler. 

A considerable number of such children grew up in the island; but theywere neglected by their parents, and often inherited the vices orbarbarism of both. The females were early debased, and presentedspectacles of nakedness and misery. When the Orphan School was formed, afew children were admitted at the government charge; of these, afragment survive. 

A half-caste couple were married recently at Launceston: the expressionof their countenances was extremely pleasing. They had been sent up fromthe Straits to obtain a legal sanction to their union, and they wentthrough the ceremony with much sensibility. There is a register in St. John's Church, Launceston, of the marriage of an aboriginal pair in1829; the first ever celebrated in the face of the church. 

_Tribes. _--Their tribes were distinct: they were known as the OysterBay, the Big River, the Stony Creek, and the Western. There were smallersub-divisions; but those enumerated were divided by dialects, andwell-established boundaries. Their chiefs were merely heads of families, and distinguished by their strength or cunning: they were thought topossess very trifling and uncertain control. It is said, that anotorious bushranger (Howe) fell in with a tribe: he assisted hiscompanions in lifting a boat, but as he appeared in command, the chiefchecked him for lowering his dignity--a sovereign instinct, which shewsthe heart of a true prince. When the chiefs accompanied white men intheir sports, and were requested to carry their spoil, they oftenmanifested disdain and reluctance. Little is known of their policy, andprobably there was but little to be known. The natives lived in harmonywith each other, or when they quarrelled they decided by the weight oftheir waddies, and the thickness of their skulls. The aggressions ofother tribes were punished by reprisals, but they rarely pursued a foe. Offences among themselves were treated according to their supposedenormity: the culprit had to stand while a certain number of spears werethrown at him. By this ordeal he was cleared, and the keenness of hiseye and the agility of his motions, usually enabled him to escape afatal wound. Faults, of slighter consequence, were punished withoutdamage: the transgressor was set on the branch of a tree, and had toendure the mockery of the by-standers. It may be gratifying to discoversuch an example, in favor of the pillory!

_Huts. _--Their locomotion was predetermined, and their encampmentsregularly chosen; generally on the banks of a river or a lagoon. Eachfamily had its fire; hunted separately, and erected a hut for its ownaccommodation. On the mountains, and beside the sea shore, they lodgedin caverns; or where these were not found, as in the open country, theyreared huts, or rather screens: these were of bark, half-circular, gathered at the top, and supported by stakes: in the front they kindleda fire. These huts formed rude villages, and were seen from seventeen toforty together. The former number being raised by a tribe of seventy, from four to five must have lodged under one shelter. Some, found at thewestward, were permanent: they were like bee-hives, and thatched:several such were seen by Jorgenson, on the western shore--strong, andapparently erected for long use. They drew water for the sick in shells:the robust threw themselves on the bank, and drank as they lay. Boiledwater was not used in their primitive state; it is said to have beenunknown. This is scarcely credible: a heated shell or stone, filled byrain water, might have discovered the secret. They preserved their fire, usually by carrying a brand; if this was extinguished, they replaced itby going back to their last encampment, where the fuel still smouldered. It is said, that they were not ignorant of producing fire by friction. 

_Food. _--Their appetite was voracious: a woman was watched one day, during which, beside a double ration of bread, she devoured more thanfifty eggs, as large as those of a duck. Mr. O'Connor saw a child, eightyears old, eat a kangaroo rat, and attack a cray-fish. The game theycast into the fire, and when singed drew it out and extracted theentrails; it was then returned to the embers, and when thoroughlywarmed, the process was completed. They were acquainted with the commonexpedient of savage nations, who pass from repletion to hunger: theytightened a girdle of kangaroo skin, which they wore when otherwisenaked. Fat they detested; some tribes also rejected the male, and othersthe female wallaby, as food: the cause is unknown. A few vegetableproductions, as the native potato, and a fungus, which forces up theground, called native bread, and which tastes like cold boiled rice; thefern and grass-tree, also yielded them food. White caterpillars and anteggs, and several other productions, supplemented their ordinary diet. The animals on which they subsisted chiefly, were the emu, kangaroo, wallaby, and the opossum: the latter living in trees. They obtained aliquor from the cyder tree (_eucalyptus_), which grows on the Shannon, and elsewhere: it is tapped like the maple; its juice, of the taste ofmolasses, trickled down into a hole at the foot of the tree, and wascovered with a stone. By a natural fermentation, it became slightlyintoxicating; and in early days was liked by the stockmen. 

During the winter, the natives visited the sea shore: they disappearedfrom the settled districts about June, and returned in October. Thewomen were accustomed to dive for shell fish, which they placed in arude basket, tied round the waist. On these marine stations (as atPieman's River on the west coast), their huts were constructed with morecare. Heaps of oyster shells, which seem to be the accumulation of ages, still attest their dependence on the abundance of the sea. 

_Dress and Ornaments. _--In summer, they were entirely naked: in thewinter, they protected the shoulders and the waist by a dried skin ofkangaroo. The women wore the same, with the addition of ruffles. Thedress of Europeans greatly distressed them: they endured it no longerthan their visit; yet they were sensible of cold, and could bear lessexposure to the weather than Englishmen. They sat close to their fires;and, during days of rain, continued under shelter. The men wore, on thehead, grease mixed with ochre--a sort of plumbago, found at theHampshire Hills: it was used partly for ornament, and partly as asubstitute for cleanliness. Bits of wood, feathers, flowers, andkangaroo teeth, were inserted in the hair, which was separated intotufts, rolled and matted together. This decoration was denied the women:their hair was cropped close, with sharp crystal; some on the one sideof the head only, in others like the tonsure of the priest. They wereaccustomed to ornament the body by several methods, differing perhapswith different tribes. Patches of ochre and grease formed a considerableportion of their adornment. With a shining mineral they drew symmetricallines on the neck, shoulders and face, and various parts of the body; insome cases they resembled epaulettes, in others they imitated the eye:they also made incisions, which they kept open by grease, till the skinwas raised, and the process complete: the torment they endured withgreat fortitude, and affected indifference. _Penderome_, the brother ofa western chief, underwent this operation, which was performed by awoman with broken glass. The flesh of his shoulder opened like crimpedfish; but he interrupted the process by antics and laughter. They wore anecklace called _merrina_; it was principally composed of pearly blueshells, bored by the eye tooth, and strung on the sinews of kangaroo. These shells were cleansed by the acid of wood steam, and received ahigh polish. 

_Arms and Implements. _--Their utensils and weapons were simple: thebaskets, formed of grass, described by Furneaux, were not afterwardsimproved, but they answered the end. The waddy was a short piece ofwood, reduced and notched towards the grasp, and slightly rounded at thepoint. The spear, nine or ten feet long, was pointed at the larger end, straightened by the teeth, and balanced with great nicety. The spearman, while poising the weapon, held others in his left hand, prepared forinstant use: the spear, thus poised, seemed for a few seconds to spin, and it would strike at sixty yards, with an unerring aim. Labillardièredescribes it well: the warrior grasped it in the middle; raised it ashigh as his head; drew it towards himself with a jerk, that gave atremulous motion at the extremities, which accelerated its progress, andtended to support it longer on the column of air; it was darted at 100paces, and remained in a horizontal position for three-fourths of thedistance. The children were early trained to the exercise: LieutenantBreton saw a child, five years old, throw a stick through the ringaffixed to the wall of the gaol, with great precision. 

A chief, confined in Hobart Town gaol, taken on the Shannon, exhibitedthese feats of quickness and strength. He would spring up into the airfive feet, and reel round and round, with uncommon rapidity. He threw abroomstick, at twelve yards distance, through a hole in the sentry box, of but little larger diameter; and a lath, cast at thirty yards, pierceda hat through and through. They used no throwing stick, or sling. 

In the estimation of Europeans, their practice in war was savage andcowardly: "they do not, like an Englishman, " complained a colonialwriter, "give notice before they strike. " The perfection of war, intheir esteem, was ambush and surprise; but an intelligent observersometimes saw considerable cleverness in their tactics. Mr. Franks wason horseback, driving cattle homeward: he saw eight blacks forming aline behind him, to prevent his retreat; each with an uplifted spear, besides a bundle in the left hand. They then dropped on one knee, stillholding the weapon in menace; then they rose and ran towards him inexact order: while they distracted his attention by their evolutions, other blacks gathered from all quarters, and within thirty yards asavage stood with his spear quivering in the air. This weapon, ten feetlong, penetrated the flap of the saddle, and the flesh of the horse fourinches, which dropped on his hind quarters. The rider was in despair;but the spear fell, and the animal recovered his feet and fled. Theservant, less fortunate than his master, was found some days after, slain. The attack was well planned, and exhibited all the elements ofmilitary science!

A tribe, who attacked the premises of Mr. Jones, in 1819, at theMacquarie, were led by a chief six feet high: he carried _one_ spear, ofa peculiar form, and no other kind of weapon: this he did not use, butstood aloof from the rest, and issued his orders with great calmness, which were implicitly obeyed. They formed themselves in a "_half moonring_, " and attacked the English with great vigour. The chief was shot:they were struck with dismay, and endeavoured to make him stand; "theymade a frightful noise, looked up to heaven, and smote theirbreasts!"[31]

The wars among them latterly, provoked by driving one tribe on theboundaries of another, were not infrequent; as everywhere, women werethe cause and object of strife. The tribes to the westward were thefiner race: those from South Cape to Cape Grim, had better huts, andthey wore mocassins on travel. Those on the east of the Launceston roadwere confederate: towards the last, the Oyster Bay tribe committed theirchildren to the care of the Big River tribe, many of whom had been slainby the western tribes, as well as by the English. It was this whichincreased the difficulties of their conciliation: they had not only tobe reconciled to the English, but to each other. They were bold andwarlike in their carriage, and when exhibiting spear exercise, commandedthe admiration of the spectator. 

_Agility and Dexterity. _--Their skill was chiefly exerted in obtainingtheir food: they were agile and dextrous. The opossum was hunted by thewomen, who by a glance discovered if the animal were to be found in thetree. They ascended trees of a tremendous height: they first threwround the trunk a rope, twice its girth, which they held in the centre, and by the left end, in one hand: having cut the first notch for thetoe, they raised themselves up by the rope, in an attitude sufficientlyperpendicular to carry the hatchet or stone on the head. They then cut asecond, and by a jerk of the bight of the rope, raised it up: thus, stepby step, they reached the branch, over which the loose end of the ropebeing cast, they were enabled to draw themselves round. It is stated byBackhouse, that they only required these notches at the bottom of thetree; and they dispensed with them as the bark became smooth, and thediameter diminished. They ascended almost as rapidly as with a ladder, and came down more quickly. When the ropes were of skin, or moreperishable materials, the accidents must have been many and terrible. This feat required considerable muscular strength, and in the weakproduced great physical exhaustion. They were swift of foot: when theypossessed dogs, they ran nearly abreast of them; stimulated them byimitating the cry of the kangaroo, and were generally in at the death. Their former practice was to fire the brush-wood, in which the game hadsought shelter, and which they speared when driven out by the flames. This practice was wasteful; besides exposing them to the charge ofarson, when they were only following the customs of the chase. 

Their ability to conceal themselves, assisted by their color, proved thequickness of their eye, and the agility of their limbs. A shooting partyapproached a native camp near the Clyde, and found they had justabandoned their half-cooked opossums and their spears: excepting a smallgroup of wattle bushes, at the distance of ten yards, the ground wasfree of all but the lofty trees: the travellers immediately scoured thisthicket, but on turning round they, in great astonishment, discoveredthat opossums and spears were all gone. It was the work of a moment, buttraces of aborigines were unseen. [32]

_Corrobories and Dances. _--Their general assemblies were attended bygreat numbers: at these meetings they raised large fires, and continueddancing till midnight. They first began their movement round the pyre, with slow steps and soft tunes: as they advanced more quickly, theirvoices became more sharp and loud: they closed in upon the fire, andleaping close to the flame appeared in considerable peril. Thesemovements they continued; shrieking and whooping until thoroughlyexhausted. It is hardly possible for the imagination to picture a scenemore infernal. 

A gentleman, on guard during the black war, watched a small group in thegaol yard round their night fires. One of them raised his hands, andmoved them slowly in a horizontal direction; and spreading, as ifforming an imaginary fan or quarter-circle: he turned his head from sideto side, raising one eye to the sky, where an eagle hawk was soaring. The action was accompanied by words, repeated with unusual emotion: atlength they all rose up together, and uttered loud cries. The wholeaction had the appearance of an incantation. 

The dances were various. The emu dance, was intended to represent themotions of that bird: the horse dance, necessarily modern, was performedby their trotting after each other, in a stooping posture, and holdingthe foremost by the loins: the thunder-and-lightning dance was merelystamping the ground. Their amusements were childish, and boisterous; butthey applauded themselves with the invariable phrase, "_narracoopa_"--verygood. 

They felt the incumbrance of clothing, when exhibiting their feats: thepermission to strip was embraced with great gladness. They graduallywrought themselves into the most extravagant excitement: their pleasurewas in activity. 

_Language. _--Their language varied: the four principal tribes haddifferent dialects. When they met at Flinders', communication wasdifficult, yet their songs were the same. The language has never beenreduced to rules, though vocabularies have been collected by Jorgenson, and others. The Rev. Mr. Dove furnished some additional information; butthough the specimens establish an affinity in these dialects, theresults are otherwise unimportant. The vowels greatly predominate: the_r_ is sounded rough, and lingering. The words are frequently liquid andmelodious. At Flinders' Island, the language was a mixture of several;broken English, New Holland, and Tasmanian words formed the currency ofthe island. In English, they dropped the _d_ and _s_; thus sugar istugar, and doctor is togata. As with other barbarians, who have enjoyedthe benefit of our instructions, the epithets of licentiousness andinsult were most current, and most aptly applied. Strangers to abstractideas, their words expressed the most common objects, sensations, andwants. Their songs, which reminded Labillardière of the music of theArabs of Asia Minor, were exceedingly soft and plaintive; their voicesnot wanting in melody. They repeated the same note in soft and liquidsyllables; descended to the second bar, and finished with a third abovethe key note. They sometimes varied, by suddenly running into theoctave. Their strains were considered, by a Scotchman, a closeresemblance to the Highland bagpipe. The stanzas they repeated again andagain: none have been translated, for which, it is said, they areunfit. [33]

_Intellect. _--Their intellectual character is low; yet not so inferioras often described. They appeared stupid, when addressed on subjectswhich had no relation to their mode of life; but they were quick andcunning within their own sphere. A country not producing any animalcapable of service; where nothing is sharper than stone; destitute ofgrain, and of fruits of any value, could be inhabited only by awandering race. Their locomotion sharpened their powers of observation, without much increasing their ideas. In such circumstances, mind maydegenerate, but it cannot advance. Some colonists were recentlystartled, by the appearance of a white family from the remote interior:they were found by a surveyor, who at first took them for savages; theyhad the animal expression of the eye, which is so common to uncivilisedpeople. 

The inferiority of the aboriginal mind is not to be denied. Intellectualpower is both hereditary and improvable: the exaltation of a generationof men gives the infancy of the next a more forward starting point--whatwas individual is diffused, until it becomes characteristic of the race. 

They were fond of imitation, and humour: they had their drolls andmountebanks: they were able to seize the peculiarities of individuals, and exhibit them with considerable force. [34]

In several parts of the colony rude drawings have been discovered. Cattle, kangaroo, and dogs, were traced in charcoal. These attempts wereexceedingly rude, and sometimes the artist was wholly unintelligible. AtBelvoir Vale, the natives saw the Company's two carts, drawn by sixoxen: they drew on bark the wheels, and the drivers with their whips. They were the first that ever passed that region. 

_Disposition. _--They were cruel in their resentment; but not prone toviolence: that they did not shorten the sufferings of animals taken forfood, will hardly be considered by sportsmen decisive evidence againstthem. They were not ungrateful; especially for medical relief, whichappeared a favor more unequivocal than presents of food. 

A little boy, captured by a surveyor in 1828, when seen, sprang into thewater, where he remained for a long time: at first, he was greatlyalarmed, but soon became contented. He pointed to the lady of the houseas a lubra. Entering a room, where a young lady was seated, he was toldto kiss her: after long hesitation, he went up to her; laid his fingersgently on her cheek, then kissed them, and ran out!

Some captives, taken by Mr. Batman, were lodged in the gaol: they becamestrongly attached to the javelin man: they were treated by the gaolerwith studious compassion, and they _left the prison with tears_!

The English were seen by some friendly natives to draught the toad fish, which is poison, and by which several have perished: the nativesperceiving its preparation for food, endeavoured to shew, by gestures, that it was not to be eaten, and exhibited its effects by the semblanceof death. Not very long after, a native was shewn a pistol, which awhite man snapped at his own ear; and who, giving the unfortunate blackone shotted, encouraged him to perform the same manoeuvre; he was thusmurdered by his own hands. The natives were variable, from ignorance anddistrust; probably from mental puerility: thus, their war whoop anddefiance were soon succeeded by shouts of laughter. 

_Religious Ideas. _--Their religious ideas were exceedingly meagre anduncertain. To Mr. Horton's enquiries, in 1821, they answered, "don'tknow, " with broad grins: he was probably not understood. They appear tohave had no religious rites, and few congenial ideas: they dreadeddarkness, and feared to wander from their fires: they recognised amalignant spirit, and attributed strong emotions to the devil. The featsimputed to his agency, do not much differ from the sensations ofnight-mare: they believed him to be _white_--a notion supported by verysubstantial reasons, and suggested by their national experience: thisidea must have been modern. They ascribed extraordinary convulsions tothis malignant power, and to his influence they traced madness. LordMonboddo might have contrived their account of the creation: they wereformed with tails, and without knee-joints, by a benevolent being:another descended from heaven, and compassionating the sufferers, cutoff the tail; and with grease softened the knees. 

As to a future state, they expected to re-appear on an island in theStraits, and "to jump up white men. " They anticipated in another lifethe full enjoyment of what they coveted in this. These scraps oftheology, when not clearly European, are of doubtful origin: nothingseems certain, except that they dreaded mischief, from demons ofdarkness. Though they had no idols, they possessed some notions ofstatuary: it was sufficiently rude. They selected stones, about teninches high, to represent absent friends; one of greater dimensions thancommon, Backhouse observed that they called Mother Brown. 

Persons of sanguine minds are apt to attribute to them religious ideas, which they never possessed in their original state. The notion of aspirit, however, exists on the continent: in this, the Tasmanian blackparticipated. Their ideas were extremely indefinite, and will notrefute, or much support the belief, that the recognition of a Divinityis an universal tradition. 

_The Sick. _--They suffered from several diseases, which were oftenfatal. Rheumatism and inflammations were cured by incisions: theloathsome eruption, called the native leprosy, they relieved bywallowing in ashes: the catarrh was very destructive, in certainseasons; a whole tribe on the Huon perished, except one woman. Thenative doctor said, that it was the _devil_ that killed them: the womandescribed the process by feigned coughing. Their surgery was simple:they cut gashes with crystal. They treated a snake bite by boring thewound with a charred peg; stuffed it with fur, and then singed off thesurplus to the level of the skin. They had faith in charms: thigh boneswere especially useful, and were fastened on the head in a triangle:these relics were found very effectual. There were some who practisedmore than others, and therefore called doctors by the English: one ofthese feigned inspiration, and brandished his club. The sick were oftendeserted: their tribes could neither convey them, nor wait for theirrecovery. Food and a lenitive were left within their reach, and whenable they followed their kinsmen; the alternative is the terrible riskof a wandering life. This custom was modified by circumstances, andsometimes by the relatives of the sufferer. 

Like the natives of New South Wales, they called to each other, from agreat distance, by the _cooey_; a word meaning "come to me. " The Sydneyblacks modulated this cry, with successive inflexions; the Tasmanianuttered it with less art. It is a sound of great compass. The English, in the bush, adopt it: the first syllable is prolonged; the second israised to a higher key, and is sharp and abrupt. [35]

_Funereal. _--When they felt the approach of death, they were anxious toexpire in the open air, and requested to be carried forth, even from thehouses erected for their use. They believed that the spirit lingers inthe body until sun-down. The French naturalist, Labillardière, firstnoticed the burning of the dead. His account was ridiculed by theQuarterly Reviewers, who suspected cannibalism; but there are proofsinnumerable, that this was a practice of affection. A group of blackswas watched, in 1829, while engaged in a funeral. A fire was made at thefoot of a tree: a naked infant was carried in procession, with loudcries and lamentations; when the body was decomposed in the flames, theskull was taken up by a female, --probably the mother. The skull was longworn wrapt in kangaroo skin: Backhouse observed a couple who carried, alternately, this ghastly memento of their child: it is said, that theydeposited several together, in final resting places. 

They were jealous of spectators, and took offence if they approachedtheir dead. Bodies not consumed, were placed in hollow trees, and closedin by underwood: decomposition being completed in these natural tombs, the survivors carried away the bones. Backhouse saw a striking funeral:a woman died; they built a pile of logs; laid the body thereon, andwatched all night. At daybreak they applied the brand; then coveringtheir faces with the ashes, which became furrowed with their tears, theysat down and lamented!

Just after the capture, an aborigine told his tribe that hisdeath was at hand. He requested them to prepare the wood for hisobsequies, while he leaned against a tree, directing their sad labors:he died that night! This is touching. A savage preparing for hisfuneral, with a calm consciousness of his fate--midst the ruins of hisfading race!

 * * * * *

In closing this mournful record, the reader is conscious that thehistory of the Tasmanian is but the experience of myriads. As anexhibition of Providence, it fills us with astonishment;--of humanpassions, with humiliation and sadness. The current of immigration willnot be diverted by abstract questions of human rights, nor will statesmodel their policy to preserve the barbarian; but the path of history isclear, and even self love, which may carefully _sift evidence_, must notturn from the lessons it offers. 

The original occupation of this country necessarily involved most of theconsequences which followed: was that occupation, then, just? The rightof wandering hordes to engross vast regions--for ever to retainexclusive property in the soil, and which would feed millions wherehundreds are scattered--can never be maintained. The laws of increaseseem to suggest the right of migration: neither nations nor individualsare bound to tarry on one spot, and die. The assumption of sovereigntyover a savage people is justified by necessity--that law, which gives tostrength the control of weakness. It prevails everywhere: it may beeither malignant or benevolent, but it is irresistible. The barbarianthat cannot comprehend laws or treaties, must be governed by bribes, orby force. Thus, that the royal standard was planted, need occasion noremorse; but though the native had not exclusive natural rights, hepossessed the attributes of man, and the government was bound toascertain his wants, and protect his interest in the country. England, however, forgot the aborigina: she secured him no refuge--provided nointerpreter to his feelings; his language was unknown, and his testimonyinadmissable. 

The legal recognition of rights in the soil, pertaining to the nativeinhabitants of colonised regions, is attended with some difficulty, andnowhere greater than among hunting tribes: their actual possession isonly definable, by admitting the wide boundaries of the chase. TheParliamentary Committee, in a review of the whole question, did notrecommend treaties with savages: the terms would be liable to disputes, and a difference of interpretation would occasion distrust andanimosity. A middle course might, however, be open. The natives have anequitable lien on the land, for which rulers who transfer its occupationare bound to provide effectively and for ever. Instead of making thedeath of the native the release of private incumbrance; instead ofmaking it the constant interest, and daily effort of the settler, todrive him away, it ought to have been the object of the crown toidentify the life of the native with the welfare of the intruder. Ingranting possession of lands, the terms might have given the settler aclaim for remission of price--or a pecuniary reward, payable out of theproceeds of land--for every native child he might rear, and every familyhe might induce to choose him as their protector. Thus the shepherdprinces would have felt that their interests harmonised with theexistence of a race, now regarded with dislike and jealousy. The nativepolice at Port Phillip, suggested originally by Captain Maconochie, isan adoption of this principle: they are useful, and therefore pains havebeen taken to attach them. It is in vain to make laws, and to issueproclamations to shield the aborigines, unless they are identified withsome local interest; and for this, no sacrifice of the land revenuecould be considered too great. 

A youth, called Van Diemen, was nine years old when found in the wood, and adopted by Col. Davey; he was subsequently taken to England by Mr. Kermode. He had been taught to read, and could repeat several chaptersof the Bible. He was remarkably keen and intelligent. [On his return tothis colony, he was cut off by consumption: at the _post mortem_ it wasfound that his lungs were nearly gone. ] Mr. Kermode endeavoured toprevail with Lord Bathurst, to authorise a grant of land; but Mr. WilmotHorton, then Under Secretary, objected that there were millions ofBritish subjects, whose claims were of the same kind, and that theprecedent would be inconvenient. At the same time, men in chains werereceiving grants of land, and emancipists as a matter of course; but theminister was opposed to admit a claim founded on birth, orphanage, andcivilisation, lest it should multiply applicants. As if anything couldhave been more desirable to the philanthropist and politician: who canwonder that convicts despised that which the ministers of the crownrepudiated? Excepting the often pernicious donatives, occasionallyconferred, the aborigina was treated only as a foreigner, a slave, andan enemy. Thus the order of Lord Hobart stood alone: it was a record ofintention, not a development of government. The ministry washed theirhands, and averted their eyes; and threw upon the colony theresponsibility of inevitable crime. [36]

But the government of England, not only left undefined the obligationsit seemed to confess: it did more; it let loose on the shores ofTasmania its outcasts, its robbers, and its homicides; it released theirbonds, and sent them forth to contest with the native for the animals ofchase--to cross his path unwatched--to destroy him unpunished. Crimes ofevery kind were visited, save this. For a word, or a look, the felon wasbrought to the triangle; but when he shot down the native, and acquireddistinction by his butcheries, justice became scrupulous: the laws weresilent--religion and humanity were silent; and the fallen black, likethe uprooted forest, was thought of as an encumbrance removed!

The state of the census was equally reprehensible: England not onlyforgot the prescriptions of nature, and formed communities of _men_, butthe inevitable consequence to the natives was utterly neglected. Itwould be impossible even to hint the series of facts, which areauthenticated to the writer, and which strangely blended ferocity andlust. The sealer, or stockman, who periled his life to accomplish theabduction of a native female, thought that danger but fairly avenged bythe destruction of her relatives! Thus far the government was remiss andculpable. The crimes of individuals, without diminishing _their_ guilt, must be traced to those general causes, which are subject to thedisposal of statesmen and legislators. 

But when the colony was planted, and the people spread abroad, it wasthe duty of the crown to protect its subjects of every class: it was theduty of its officers to arrest the arm of the black man, however greatthe provocation that raised it. They could not stand by to investigatecauses; to divide between the two races the proportions of crime, whilethe innocent family was exposed to violence. It was better that theblacks should die, than that they should stain the settler's hearthwith the blood of his children. In this view Colonel Arthur was right:his estimate of the native character was not impartial, for he beheld itwhen it only appeared detestable. He had no choice; he resolved toprotect his countrymen. 

It is common to speak of the guilt of this community; sometimes invariance with reason and truth. That guilt belongs only to the _guilty_;it cannot contaminate those who were helpless spectators, or involuntaryagents. The doctrine of common responsibility, can only be applicablewhere all are actors, or one is the representative of all. The colonistmay say, "I owe no reparation, for I have done the native no wrong; Inever contemplated aiding in his destruction: I have seen it withhorror. " May the lesson of his sufferings become the shield of his race!Those who impute guilt to this colony, forget that its worst members arenot stationary, and that many have borne away their guilt with theirpersons. That Being, who makes requisition for blood, will find it inthe skirts of the murderer, and not on the land he disdained. 

No man can witness the triumph of colonisation, when cities rise in thedesert, and the wilderness blossoms as the rose, without being gladdenedby the change; but the question which includes the fate of theaborigines, --What will become of them?--must check exultation. The blackwill invade rights he does not comprehend; seize on stragglers fromthose flocks, which have driven off his game; and wound the heel whichyet ultimately treads him to the dust. Such is the process--it iscarelessly remarked, that the native is seen less often; that it is longsince he ventured to cross the last line, where death set up landmarksin the slain. At length the secret comes out: the tribe which welcomedthe first settler with shouts and dancing, or at worst looked on withindifference, has ceased to live. 

If the accounts of discoverers have been too flattering to the nativecharacter, they are explained rather than contradicted by the earlycolonists. These describe, with exultation, their new acquaintance, whenwriting to their friends: how peaceful, light-hearted, and obliging. They are charmed by their simplicity; they sleep among them withoutfear: but these notes soon change; and passing from censure tohatred, they speak of them as improvident, importunate, andinstrusive; as rapacious and mischievous; then as treacherous andblood-thirsty--finally, as _devils_, and beasts of prey. Theirappearance is offensive, their proximity obstructive: their presencerenders everything insecure. Thus the muskets of the soldier, and of thebandit, are equally useful; they clear the land of a detested incubus. 

It is not in the nature of civilisation to exalt the savage. Chilled bythe immensity of the distance, he cannot be an equal: his relation tothe white can only be that of an alien, or a slave. By the timeastonishment subsides, the power of civilised men is understood, andtheir encroachment is felt. Fine houses garrison his country, enclosuresrestrict his chase, and alternately fill him with rage and sadness. Hesteals across the land he once held in sovereignty, and sighs for thefreedom and fearlessness of his ancestors: he flies the track of hisinvaders, or surprises them with his vengeance;--a savage he was found, and a savage he perishes!

REMARKS ON THE CAUSES OF THE BURNING OF THE DEAD BY THE VAN DIEMENESE. 

[From Peron's Voyage, 1802. ]

"On a wide swarth of verdure (at Maria Island), beneath some antiquecasuarinæ, rose a cone, formed coarsely of the bark of trees inserted atbottom in the ground, and terminated at top by a large band of similarmaterials. Four long poles stuck in the earth, sustained and served forall the pieces of bark to lean against; these four poles seemed alsocalculated to ornament the building; for, instead of uniting all theirupper extremity like the bark, and so forming a simple cone, theycrossed each other about the middle, and then extended without the roofof the ornament. From this disposition resulted a sort of invertedtetracdic pyramid in the upper part opposed to the cone below. Thiscontrast of form in the two parts of the building had a somewhatgraceful effect, which was increased by the following additions:--Witheach of the four sides of the pyramid corresponded a wide strip of bark, the two bent extremities of which were at the bottom bound together bythe large band, which, as I before noticed, united all the pieces ofbark at the top of the cone: it follows that each of these four stripsformed a sort of oval, least rounded at its inferior extremity, andwidest and most rounded above; and as each of these ovals correspondedwith one of the sides of the inverted pyramid, it is not difficult toconceive the elegance and picturesque effect of the plan. 

"After looking some time at this monument, the use of which I vainlystrove to fathom, I soon resolved to push my examination to a greaterlength: I removed several thick pieces of bark, and readily penetratedto the interior of the building. The whole of the upper part was vacant:at the bottom was a large flattened cone formed of a fine light grass, laid with much care in conuntric and very deep strata. With my doubtrespecting the purpose of this, my curiosity increased. Eight small bentsticks crossing each other at the summit of this cone of verdure, servedto preserve its form; each of these sticks had its two extremitiesfastened in the earth, and kept firm in their position by a large pieceof flattened granite. So much care led me to expect some importantdiscovery; nor was I mistaken. Scarcely had I raised the upper layersof turf, ere I perceived a large heap of white ashes, apparentlycollected together with nicety: thrusting my hand into the midst ofthese, I felt something hard, withdrawing which, I found it to be thejaw-bone of a man, and shreds of flesh still adhering to it. I shudderedwith horror. Still, reflecting a little on all I had observed in thecomposition of the monument, I soon experienced sensations widelydifferent from those I felt at first: the verdure, the flowers, theprotecting trees, the deep bed of herbage which covered the ashes, allunited to convince me that I had here discovered a tomb.... Succeedingideas caused new reflections: I asked myself, 'What can have originatedthis custom of burning the dead? Separated from the rest of the world, and at its farthest extremity, these people cannot have adopted it fromcommunication with others; it must irrefutably therefore be an idea oftheir own. But, in that case, wherefore prefer this mode of disposing ofthe dead? Can the preference be the effect of chance? Or does thereexist some physical reason for it, dependent on the nature of things, orthe particular social organization of these men?' ... 

"This last measure is to burn it. Every thing concurs to facilitate thisexpedient; every thing in this is accordant with the mode of life of theinhabitant of these shores, as well as the circumstances in which he isplaced. Fire, that powerful and terrible agent, their recourse on somany and such valuable occasions, cannot fail of exciting among thesepeople some of those sentiments of veneration, consecrated with themajority of ancient nations by such numerous institutions and religiousmonuments. Without being deified, perhaps, as formerly it was, fire inthese countries is regarded as something superior to the other works ofnature; and these first ideas will probably have contributed not in atrivial degree to the determination of burning their dead. The requisitematerials for the purpose were at hand: neither calculation nor laborwere required for putting the plan in execution; no instrument wasnecessary; and it prevented taint and the consequent infection. But afew remains of bones would be here after the operation, to cover whichthe ashes of the fire would be sufficient. The whole ceremony requiredonly a few hours; and prejudices tended to render it reputable andsacred. Thus then this practice of burning the dead does not appear tobe the effect of mere chance: accordant with physical and localcircumstances, these evidently were the origin of the custom. "

FOOTNOTES:

[Footnote 27: Despatch to Lord Goderich, 6th April, 1833. ]

[Footnote 28: The following is worth remembering, as a caution toreviewers, as well as philosophers:--"At Port Dalrymple, in Van Diemen'sLand, there was every reason to believe, the natives were unacquaintedwith the use of canoes; a fact, extremely embarrassing to those whoindulge themselves in speculating on the genealogy of natives: becauseit reduces them to the necessity of supposing, that this isolated peopleswam over from the main land, or that they were _aboriginal_. "--_Rev. Sidney Smith, Edin. Rev. _, 1803. ]

[Footnote 29: "In many instances (it is remarked by Count Strzelecki, p. 355) the facial angle is more acute in the white man: the superciliaryridge, the centres of ossification of the frontal bones, and the ridgeof the occipital one, more developed; and the maxilliary more widelyexpanded, than in the skulls of aborigines. "]

[Footnote 30: Veteran novel readers will be delighted to find, thatthese black lovers were united by an event, which constitutes the mosttouching artifice of fashionable fiction. ]

[Footnote 31: Report of Mr. Jones to Governor Arthur. ]

[Footnote 32: "I remember a fellow of the 'Grimaldi' breed: heundertook, on a fine summer's evening, to place himself among the treestumps of a field, so that not two of a large party should agree as tohis identity. He reclined like a Roman on his elbow, projected his armas if a small branch, and drew down his head. No one could tell whichwas the living stump, and were obliged to call him to come out and shewhimself. "--_Dr. Ross's "Fourteen years ago. "_]

[Footnote 33: Song of Ben Lomond:--

 "Ne popula raina pogana Thu me gunnea Naina kaipa raina pogana Naara paara powella paara. Ballahoo, Hoo hoo, War whoop (very gutteral). "

--_Tas. Journal. _]

[Footnote 34: This is common to the race: there is one now at Geelong, whose imitations enabled the spectator at once to guess the personintended. ]

[Footnote 35: A female, born on this division of the globe, once stoodat the foot of London bridge, and _cooeyed_ for her husband, of whom shehad lost sight, and stopped the passengers by the novelty of the sound;which, however, is not unknown in certain neighbourhoods of themetropolis. Some gentlemen, on a visit to a London theatre, to draw theattention of their friends in an opposite box, called out _cooey_; avoice, in the gallery, answered--"Botany Bay!"]

[Footnote 36: "You are to endeavour, by every means in your power, toopen an intercourse with the natives, and to conciliate their goodwill--enjoining all persons under your government to live in amity andkindness with them; and if any person shall exercise any acts ofviolence against them, or shall wantonly give them any interruption inthe exercise of their several occupations, you are to cause suchoffender to be brought to punishment, according to the degree of theoffence. "--_Lord Hobart's instructions to Lieutenant-Governor Collins. _]

HISTORY OF TASMANIA. 

TRANSPORTATION. 

TRANSPORTATION. 

SECTION I. 

Transportation, considered not as a question of national policy but as afact, demands a place in this record. It will be our object to ascertainthose incidents which illustrate its local operation--to trace eventsthat have attended the repeated changes in its colonial spirit. Itbelongs to the British statesman to scan its effects on the populationof the empire; but fairly to exhibit its Australasian aspect, will notbe without utility to the colonies themselves. 

Although a separate relation will derange the thread of Tasmanianhistory, the reader may be compensated by a view more perspicuous anduseful. 

Thousands of British offenders, who by their exile and sufferings haveexpiated their crimes, trod almost alone the first stages of Australcolonisation, and amidst toils and privations, initiated a progress nowbeheld by nations with curiosity and admiration. Economists still weighin uncertain balances the loss and the gain, and the legislator longsfor facts which may decide the perpetual conflict between them whodenounce and those who approve this expedient of penal legislation. Itis not the intention of this narrative to anticipate conclusions: itsdesign will be accomplished when the story of the past is truly told. 

Exile, the penalty denounced by the Almighty against the first homicide, was among the earliest affixed by man to lesser crimes, or whenever thepresence of the offender endangered the public repose. The Roman lawpermitted the accused to withdraw from impending judgment by a voluntaryexile. Such was the practice in the time of Cicero. When men sought toavoid bondage or death, adjudged by the laws, they had recourse to exileas to an altar; nor did they forfeit their civic standing, except withtheir lives. [37]

At a later period, under the imperial government, the islands of theMediterranean became places of exile: several thousand Jews werebanished from Rome to the Island of Sardinia. [38]

Transportation was unknown to the common law of England, but abjurationof the realm, which resembled the Roman practice, was not infrequent:"it was permitted, " said Sir Edward Coke, "when the felon chose ratherto _perdere patriam quam vitam_, "--to lose his country rather than hislife. The culprit having found sanctuary within the precincts of achurch, took oath to abjure the realm: assuming the character of apilgrim, he received a cross to protect him on his journey. By the Actof James I. The privilege of sanctuary was taken away, [39] and thus theabjuration, founded upon it, virtually abolished. 

The Spanish was the first Christian nation which to banishment unitedpenal labor. Columbus found it difficult to allure adventurers: to workthe mines, was necessary to gratify his patrons, and he prevailed onFerdinand to furnish colonists by clearing the galleys. These recruitsattended the great discoverer on his third expedition (1498): theylargely contributed to the disorders which vexed the infant settlement, and aroused the resentment of the unfortunate Indians. [40]

Banishment was first formally recognised by English law in the reign ofElizabeth (39 Eliz. Cap. 4). [41] It was enacted, that "dangerous rogues, and such as will not be reformed of their roguish course of life, maylawfully by the justices in their quarter sessions be banished out ofthe realm, and all the dominions thereof, and to such parts beyond theseas as shall for that purpose be assigned by the privy council. " Returnwas made felony without benefit of clergy. A brand was affixed upon theshoulder, of the breadth of an English shilling, with a great Roman Rupon the iron: "for a perpetual mark upon such rogue, during his or herlife. "[42]

Until commerce had extended the knowledge of distant parts, and theconstant publication of correspondence with colonies made their affairsfamiliar, imagination depicted them as desolate and frightful. TheLondon apprentice and the plough boy, thought of exile as a severecalamity. The love of home was rendered more intense, by the universalwilderness imagined beyond it: thus, loss of country was deemed apenalty fully equal to ordinary offences, and more severe than anydomestic form of punishment short of the scaffold. 

"_Duri est non desiderare patriam. Cari sunt parentes; cari liberi, propinqui, familiares; sed omnes omnium caritates patria una complexaest: pro qua quis bonus dubitet mortem oppetere?_"

It is to James I. That the British nation and the colonists owe thepolicy, whether salutary or baneful, of sending convicts to theplantations: "the good sense of those days justly considered that theirlabor would be more beneficial to an infant settlement, than their vicescould be pernicious. "[43] James directed the sheriff to deliver, and thegovernor and court of Virginia to receive one hundred prisoners, included in the definition of rogues and dangerous persons, andcompelled the proprietors of that colony to become agents in theirdeportation. 

The Lord Chief Justice Kelyng stated, that about the time of therestoration it became customary for a prisoner within benefit of clergyto procure from the king "a conditional pardon, " and to send him beyondthe seas to serve five years in some of the king's plantations; there_to have land assigned him, according to the usage_ of those plantationsfor servants after their time expired. [44] A needless delay ofdeparture, or a return within the period appointed, made the instrumentof pardon void. 

In the reign of Charles II. An act passed (Car. Ii. 13, 14. Cap. 2. S. 1), "for preventing dangers that may arise from certain persons calledquakers, " which authorised their transportation beyond the seas. Thus, the practice was not new: after the battle of Worcester, the parliamenttransported the royalists, and in the mutations of power all parties intheir turn transported each other. 

It had not been unusual for persons to sell themselves for a term ofyears. After the dissolution of the army of the commonwealth, many, toescape danger and poverty, sold their liberty to others, who carriedthem to the plantations. [45]

After the defeat of Monmouth, a letter was addressed by James II. To thegovernor of Virginia, which after reciting that the royal clemency hadbeen extended to many rebellious subjects by ordering theirtransportation, required the governor to propose a bill to the assemblyto prevent their redemption, by money or otherwise, until the expirationof ten years. The assembly declined to carry out the royal vengeance, and received the exiles with kindness. [46]

In 1717, transportation assumed a prominent place in Englishjurisprudence. An act of parliament (4 Geo. I. ) recited that thecustomary punishments were inefficient, and that the "labor of criminalsin the colonies would benefit the nation;" and mentioned the "frequentfailure of those who undertook to transport themselves. " Under this law, they were committed to the charge of ship-masters, who gave bonds fortheir transit; and who were obliged to produce certificates that theyhad disposed of their cargo according to law. It is said that £40, 000per annum were raised by the contractors, carrying annually two thousandprisoners, whom they sold for £20 each. [47] For a long time theseimportations were highly acceptable; the demand for labor reconcilingthe colonists to the attendant evils. The object of the law was to exileoffenders from the mother country, and bondage in America was simplyintended to indemnify its cost. It was in the power of the captains toset them free, or a friendly agent by appearing as a purchaser mightrelease them. [48] When landed, they were sold by auction to thecolonists, for the term of their sentence; and even the royal pardon didnot cancel an obligation to serve--except by the repayment of thepurchase money to the planter. 

This course had many inconveniencies, and led to atrocious crimes. Thetreatment of the convict depended on the individual who bought hisservice: the state imposed but slight responsibilities, and the colonialcontrol was regulated by local laws. 

Many notices in annals of those times indicate that the practice ofkidnapping, especially of youth, was not uncommon. Johnson, in hisimmortal memoir of the poet, Savage, numbers in the catalogue of hismother's cruelties, an attempt to send him captive to the plantations, and to sell him for a slave. 

Goldsmith refers to establishments devoted to this species ofslavery:--"I regarded myself as one of those evil things that naturedesigned should be thrown into her lumber room, there to perish inobscurity. It happened that Mr. Crispe's office seemed invitingly opento give me a welcome reception. In this office Mr. Crispe kindly offersto sell his Majesty's subjects a generous promise of £30 a year; forwhich promise, all they give in return is their liberty for life, andpermission to let him transport them to America as slaves. "[49]

Before the era of separation, the American planters had begun to resentthe influx of felons. Free labor grew plentiful, and the colonialreputation was compromised: nor were these the sole reasons foropposition; the management of negro slaves became a capital branch ofdomestic industry; the _prestige_ of color was endangered by thesubjection of white men to the discipline of slavery. 

The practice of transportation did not terminate until the era ofindependence. The Canadas remained loyal; but the ministers of the daydid not deem it prudent to reward their submission with the stigma oftransportation. 

Franklin, when the colonists were about to cast off the imperial rule ofGreat Britain, complained of this system: he compared it to pouring"cargoes of rattlesnakes on the shores of England. " He, however, maintained that this description of exiles formed but a small proportionof the American people; that of one million, eighty thousand only hadbeen brought over the ocean, and of these one-eighth only were convicts. In reference to the number transported to America, the accounts of theBritish and American writers considerably differ. None were sent to theNew England colonies. Jefferson, during his diplomatic residence inFrance, furnished a statement for the _Encyclopédie Méthodique_, inwhich he asserted that the convict element of the American populationwas too small to deserve enumeration. He estimated the total number at2, 000, and their descendants at 4, 000, in 1785, or something more thanone-thousandth part of the entire people. This calculation has been, perhaps justly, charged with partiality; but it is useless to meet errorby conjecture. [50] This obvious topic of sarcasm was early adopted. Party writers poisoned the shafts of political warfare, by references tothe convict element of the trans-atlantic population: "their Adam andEve emigrated from Newgate, "[51]--"their national propensities tofraud, they inherited from their convict ancestors, "--"they are theoffspring of convicts, and they have retained the disposition of theirfelon progenitors. " Such were the sayings of critics, lords, andstatesmen: it was thus they described a people, who among theirforefathers can enumerate heroes and saints; who, flying from thescourge of bigotry and despotism, laid the foundation of an empire. Canwe expect more complacency?

FOOTNOTES:

[Footnote 37: _Oration, pro A. Coesin. _]

[Footnote 38: _Tacitus_, ann. 285. ]

[Footnote 39: _Discourse, by the Right Hon. Wm. Eden, on Banishment. _]

[Footnote 40: _Robertson's History of America. _]

[Footnote 41: See _Blackstone's Commentaries_, vol. Iv. C. 31. ]

[Footnote 42: _Rastall's Statutes_, p. 419. ]

[Footnote 43: Chalmers. ]

[Footnote 44: _Eden's Discourse. _]

[Footnote 45: _Sir Joshua Child's Discourses on Trade_, 1670. ]

[Footnote 46: _Letter from James II. _, in the colonial-office: quoted byChalmers. ]

[Footnote 47: Introduction to _Phillip's Voyages_. ]

[Footnote 48: See _Bentham's Letter to Lord Pelham_. ]

[Footnote 49: _Vicar of Wakefield. _]

[Footnote 50: Dr. Lang, on whose quotation (from the _Memoirs ofJefferson_, vol. I. P. 406) the above is given, would make the totalnumber to be 50, 000--a vast difference!]

SECTION II. 

During and subsequent to the American war, the prisons of Great Britainwere crowded. A distemper, generated in the damp and foetid atmosphereof gaols, carried off thousands: to be charged with an offence, was tobe exposed to the risk of a malady generally fatal. Sometimes, it passedbeyond the precincts of prisons: at Taunton, the judges and otherofficers of the court, and hundreds of the inhabitants, perished. 

Howard, after spending a large portion of his life in retirement anddevotion, was chosen sheriff of Bedfordshire. He exposed the sufferingswhich he witnessed; and accelerated transportation, by revealing thesecrets of the prison house. It is needless to describe his labors--theybelong to all nations: he reproved kings, and received the blessings ofthousands ready to perish; and he lost his life in the service ofmankind. [52]

The attention awakened by Howard, the philanthropist, led to the generalimprovement of prisons (1779). A variety of projects were suggested forthe disposal of prisoners: some it was proposed to confine indock-yards, salt works, mines, or where concentrated labour might bepossible. Mr. Eden, at first, suggested that enormous offenders shouldbe sent to the Mahomedan ports, and sold for the redemption ofChristian slaves, or be employed on the coasts of Africa, on smallislands, for the benefit of navigation. [53] It was recommended by acommittee of the House of Commons to transport criminals to the coast ofAfrica and the East Indies. These plans were effectually resisted, orfailed of their design. 

Judge Blackstone and Mr. Eden contrived a scheme, in concert withHoward, which they embodied in the "Hard Labor Bill. " Its object wastwofold: to establish labor houses all over England, and to regulate theemployment of convicts on board the hulks. This measure was publishedpreparatory to its being submitted to parliament, and fell into thehands of Bentham. Hailing the movement as fraught with importantimprovements, he produced his Panopticon, which he described asapplicable to all houses of industry, and wherever inspection isconstantly required. The plan exhibits remarkable ingenuity: theseparation being made consistent with continual oversight, and aneconomy of space with health and exercise. The design of the buildingitself is circular: the external area cut up into angles, and separatedby walls running to a common centre. The interior is formed of asuccession of circles, not inaptly compared by the satirical opponentsof the scheme to a spider's web. [54] He afterwards accompanied his planswith minute definitions of the objects and methods of penal coercion. 

Sir John Parnell, chancellor of the Irish exchequer, Mr. Pitt and LordMelville of the English ministry, were anxious to establish thepanopticon system in their respective countries. The design was notformally abandoned until 1813, when the erection of the MillbankPenitentiary, extinguished the scheme of Bentham. He had writtenpolitical articles offensive to the court: George III. Had attempted torefute his opinions, and cherished towards him the antipathy of a rival. A contract was formed with Bentham, to erect and conduct his panopticon:he had received possession of a spot of land assigned for the purpose, and nothing was wanting but the royal signature to his officialappointment. His hopes were finally crushed by the obstinacy of theinexorable king. [55]

FOOTNOTES:

[Footnote 51: _Quarterly Review_, vol. Ii. P. 322. ]

[Footnote 52: As a congregational dissenter, he was liable to a fine of£500, for not taking the sacramental test. It is some credit to humannature, that he was not interrupted or punished in his career ofcharity. ]

[Footnote 53: _Eden's Discourse on Banishment. _]

[Footnote 54: _Quarterly Review_, 1822. ]

[Footnote 55: Dr. Bowring's account, received from Bentham in 1824. In1813, Jeremy Bentham, on account of penitentiary, £23, 578. --_Par. Pap. _]

SECTION III. 

Whatever advantages were supposed to pertain to a system of domesticpunishment, it was opposed by formidable difficulties. To Bentham'ssystem it was objected, that it required a supervision practicallyunattainable. The enthusiasm, ability, and integrity of the projector, it was alleged, would be probably confined to himself; and although thebetter plan, while under his eye, it would prove of all the mostdangerous and inefficient, when directed by the unskilful andcorrupt. [56] Nor did it prevent the return of the offender to society, and thus a relapse into crime. 

The large preliminary outlay required to test the scheme of Bentham, which exceeded his first calculations, was urged against its trial, andits complicated details wearied the attention of the county magistrates. They preferred transportation, and cheerfully resigned the offender tothe good or ill-fortune of his colonial career. 

These views were strengthened by the increasing aversion to capitalpunishments. To detain a criminal for life seemed cruel to himself, andto release him would be perilous to the community. His treatment whilein bonds, would vary with the temper of individuals entrusted with hispunishment. This, Bentham himself confessed: he observed--"differenttempers prescribe different measures of security and indulgence. Someforget that a convict in prison is a sensitive being; others that he isput in there for punishment. Some grudge him every gleam of comfort oralleviation of misery, to which his situation is susceptible; to othersevery little privation, every little unpleasant feeling, everyunaccustomed circumstance, every necessary point of coercive discipline, presents matter for a charge of inhumanity. "[57]

To American transportation, the following is a summary of hisobjections. 1. It was unequal: a man who had money might buy off theservitude. Again, with regard to banishment, it was unequal: some wouldhave been glad to go by choice, others would rather die. 2. It wasunexemplary: what the convict suffered, be it much or little, wasunknown. 3. It was unfrugal: it occasioned great waste of life in themode, and of money in the expenses of conveyance. 4. It did answer insome degree, in disabling the offender from doing further mischief: yetit has always been easier for a man to return from transportation thanto escape from prison. 5. It answered, every now and then, the purposesof reformation pretty well; but not so well upon the whole, under thevariable and uncertain direction of a private master, whose object washis own profit, as it might be expected to answer under regulationsconcerted by the united wisdom of the nation. [58] In these objections toAmerican transportation the colonists will recognise familiarsounds--the chief elements of the arguments, in times both remote andrecent, against the practice of transportation. 

The worst class of criminals were often found in London, before theirfirst sentence had expired. Many suffered capitally for this offence. Before the practice of contracting with shippers, political offenderspreferred the continent of Europe to the hardships of America. It wasmade felony, without benefit of clergy (20 Geo. Ii. ), for rebels undersentence of transportation to reside either in France or Spain; and theinhuman penalty was denounced against their friends who might correspondwith them in any form. When the crown carried out the sentence, theoffender's return was still capital, and though unpopular, the guiltyrarely escaped the penalty on conviction. 

When this colony was established, the chief towns of Great Britain werehaunted by innumerable thieves, who were organised for the purposes ofrobbery. In London armed men assailed passengers by night, and even byday. The arrest of robbers was accompanied with considerable danger, andit was not until towards the close of the eighteenth century that themilitary guard ceased to attend executions. A vast multitude of personshad degenerated into a robber caste. They lodged under the arches ofbridges, or nestled in nooks or corners, wherever they could burrow. Thedistricts of the city occupied by the better class of society, seemedbut a small portion of the metropolis--like islands in a sea of vice anddestitution. There were numerous places of savage amusement and smallgambling houses; and young men of family, hanging loose on the world, not unfrequently became amateur adventurers in crime. The populace feltno aversion to a highwayman of spirit. The pursuit of criminals became avoluntary and profitable calling, and offenders against the laws wereencouraged and sheltered, until they were ripe for the executioner. 

Every part of London was the scene of executions: malefactors were hungin chains on every common and way-side. The populace treated the culpritwith cheers or hisses, according to their view of his crime. Many wore awhite cockade in their hats, in token of their innocence, when they werecarried in procession to the scaffold. [59]

To compensate for the feebleness of the police, and the popular sympathywith crime, the crown paid £40 for each capital conviction. In 1796, aconspiracy was developed, which led to the legal slaughter of seventypersons, at a profit to the conspirators of £2, 800. In 1818, thelegislature reluctantly terminated this traffic in blood. [60]

Thus, after much discussion, the plan of a new penal settlement wasfinally preferred: denominated, in the official correspondence, "theimproved Colony of New South Wales. "[61] In dedicating his work toThomas Townsend, Viscount Sydney, Collins ascribes the establishment ofthe colony to that nobleman. "To your patriotism" he writes, "the planpresented a prospect of political and commercial advantages. " The factsrecorded he alleges evinced with how much wisdom the measure wassuggested and conducted; with what beneficial effects its progress hadbeen attended, and what future benefits the parent country might withconfidence anticipate. It was expected by Collins, that the colony wouldprove a valuable nursery for soldiers and seamen. 

The territorial seal provided by the crown, stamped on the instrumentsof government the primary design: on the obverse, the royal arms andtitle; but on the reverse, convicts were represented landing, receivedby Industry, who, surrounded by her attributes--a bale of merchandise, apick-axe and shovel--released them from their fetters, and pointed themto oxen ploughing. The legend was appropriate: "_Sic fortis Etruriacrevit_. "[62]

"He who lives among a civilised people, may estimate the labor by whichsociety has been brought into such a state, by reading in the annals ofBotany Bay, the account of a whole nation exerting itself to floor thegovernment-house. Yet time shall come, when some Botany Bay Tacitusshall record the crimes of an emperor lineally descended from a Londonpickpocket. "[63]

FOOTNOTES:

[Footnote 56: Introduction to _Phillip's Voyages_. ]

[Footnote 57: _Bentham's Works_, part iii. P. 122. ]

[Footnote 58: _Bentham's Works_, part iii. P. 7. ]

[Footnote 59: _London, in the Eighteenth Century, by Charles Knight. _]

[Footnote 60: A bill was brought into parliament by Mr. Bennet: it was, however, maintained that the total abolition of such rewards would bepernicious. The heir at law of a person killed in pursuit of ahighwayman, was still entitled to £40 and a Tyburn ticket, whichexempted the holder from serving on a jury, and other civilliabilities. ]

[Footnote 61: _Par. Papers_: quoted by Bentham, p. 174. ]

[Footnote 62: _Collins_, vol. I. P. 179. ]

SECTION IV. 

The convicts first sent to New Holland, entered on the voyage withdread. The letters they addressed to their friends, while the fleet layat anchor, were examined by the officers: they were filled withlamentations. They deeply deplored, that the distance of their exile cutoff the hope of return; the perils of so long a voyage alone seemedfrightful: should they reach the shores of New Holland, they expected tobe destroyed by savages, or to pine away in want. The females seemedleast to fear their banishment; and while several of the men were deeplymoved, a spectator, who curiously remarked the mental influence of theirprospects, saw only one woman weep. [64]

When the ocean had often been traversed by convict ships, these vagueterrors declined; but the order, comfort, and security which nowprevail, were little known. The freight was of such importance, that themasters were tempted to defraud the prisoners of water, and even offood; confiding in their means to silence or compensate the sufferers, when in sight of port, or to satisfy the government. So slightlyconsidered was this species of fraud, or so useful to colonial traders, that the magistrates held the payment of a gratuity to be a bar tofurther inquiry. [65] The convicts were thus exposed to severe, and evendangerous privations. Scurvy, a malady often in those days fatal to halfa ship's crew, broke down the strength of men emaciated, dispirited, anddiseased: many perished by the way, and a much larger number arrivedunfit for labor, and a public burden. 

The management of a convict ship legally vested in the captain: his dutycontemplating nothing more than a safe arrival. The personal governmentof the prisoners was confided to the surgeon, subject however to thediscipline of the ship, of which the captain was exclusive judge. Thehealth of the company was often sacrificed to the security of thevessel: the prisoners suspected of piratical intentions, were batteneddown and forbidden exercise, lest they should rise upon the crew. Fromthe first, the officers in charge claimed a right to inflict corporalpunishment; but, up to 1823, without the sanction of law. By the actthen passed, power to order punishment was confided to thesurgeon-superintendent, with the concurrence of the captain; who wasintrusted with a veto, and was bound to enter his assent in thelog-book, with the nature of the offence and extent of theinfliction. [66]

Apprehensions of mutiny were much more common, when transportation toNew Holland was recent, than experience has justified. On the slightestalarm, the prisoners were loaded with chains, fastened to ring-boltsattached to the ship's sides. Perhaps, no vessel ever crossed the Linewithout some plot, rumoured or real; but the most ordinary precautionshave been found usually sufficient to detect and explode them: theirinventors have often been their discoverers. The prisoners, commonlydistrustful of each other, shrank from the confidence required to planand execute a revolt. But when timid officers were in charge, theysometimes adopted restrictions severely oppressive; and which men ofmore courage and experience perceive to be needless. 

During the war, the deportation of prisoners was attended with specialdifficulties: no ship's company were less likely to support the flag oftheir country. They were often delayed until a convoy could attend them. These hindrances were frequent, when this colony was founded. Both maleand female prisoners were commonly forwarded together: the officers andsoldiers selected companions for the voyage, and a sentence oftransportation included prostitution. It is not incredible that modestwomen rejected life on such terms, or preferred a public execution tothe ignominy of a floating brothel. These practices were firsttolerated as inevitable, and afterwards justified as politic. Noconspiracy could be concealed, while the women were paramours and spies;and, when long detained, the population of the ship considerablyaugmented before she dropped anchor. The government of the vessel wasnot less severe than its aspect was licentious. [67]

Thus the abuses which, during the war, penetrated every branch of publicbusiness, rioted in the convict ship; whilst the contractors, whoengaged to convey the prisoners at a price, snatched a profit from thesubsistence stipulated by the crown. Malignant fevers, brought from thehulks or prisons, propagated in the stagnant atmosphere, and, whencombined with low and crude diet, more than decimated the list. Theseeffects of official negligence were early apparent. The second fleetlost nearly one-fifth of the whole, either on the voyage, or shortlyafter the arrival. Of the previous expedition, the loss wastrifling. [68] It was fitted out with integrity, surpassing the custom ofthe times, or the pioneers of the colony might have perished on a barrenshore. 

Captain Parker, of H. M. S. _Gordon_, detected this peculation: hetraced the unusual mortality to the frauds of the officers, whosesubduction from the standard allowance had "starved the prisoners todeath;" but it was not till many years after, that the humanity ofministers interposed effectual regulations. The numbers who perished onboard the _General Hewitt_, the _Surry_, and the _Three Bees_ in 1814, forced the attention of the local government to the subject; and on thereport of Surgeon Redfern, great improvements were adopted. [69] Thedispatch of vessels without regard to the season, brought the prisonerswithin the cold latitudes, and exposed them to the southern winds in thewinter; and thinly clad, and enervated by the heat of the tropics, theywere crowded below, or shivering on the deck. A supply of warm clothing, and the choice of the proper period of sailing, greatly mitigated thevoyage; and the constant examination of the diet, samples of which werepreserved, checked the avarice which cost so many lives, and had thusled to atrocious crimes. It is humiliating to find, at every step, thetraces of wrong: the comforts supplied the prisoners by their friends, were often stolen by the seamen: the pledges lodged in their hands werenot restored: boxes were pillaged, and the trifles furnished by theself-sacrifice of a broken-hearted parent, became the spoil of theassignees of public vengeance. These evils were aggravated by the delayof the voyage, to subserve the commercial speculations of the surgeons, who, beyond the general gains of merchandise, were allowed a largeremission of the customs. 

Dr. Bromley, who superintended the transit of prisoners on severaloccasions during the first quarter of the century, availed himselflargely of these trading privileges. Thus he landed, free of duty, atthe close of one voyage, 150 gallons of spirits, one hogshead of wine, and ten baskets of tobacco, beside a shipload of women. This profitableform of investment excited no local complaint, and implied no disgrace. 

The female convict ships continued under the same system of management, until some flagrant instances induced the Board of Admiralty to checkthe grossness of vice. Of vessels remembered for their pollution, the_Friendship_ and _Janus_ are distinguished: the keys of the prison wereaccessible during the night: the conspiracy reached from the cabin toforecastle: the officers were libertines themselves, or, even when theirconduct was least equivocal, it was difficult to obstructirregularities: not even bars and bolts resisted the ingress offorbidden guests. The wooden barriers, which covered the entrance, weredisplaced by some traitress within, who left no protection to hercompanions but the point of honor. 

The first who improved the discipline of the convict ships, were CaptainBrown and Dr. Reed, of the _Morley_: they endeavoured, by precept andexample, to inculcate morality. Coercion had been found ineffectual, andthe women, when restricted, filled the vessel with clamour andprofaneness; but these gentlemen adopted a system of mental influence, and their prisoners, whatever was their subsequent conduct, were farsuperior to their predecessors. The result of this instance led to apermanent amelioration, and proved what had hitherto been doubted--thateven the worst societies can be controlled, by those who unite a senseof virtue with official authority. [70]

The safety ascribed to the system of prostitution, was but an apologyfor vice, and the voyage of the _Jane Shore_ dissolved the illusion. Thepersuasion of the women accomplished what the male prisoners rarelyattempted, and when on their passage to the colonies have never beenable to effect. The soldiers and sailors, seduced by their caresses, seized the vessel, and having shot the captain and the chief officer, steered into a South American port. Once only, did a piratical plotassume a serious form. The prisoners by the _Chapman_ devised a capture;but the report of the design being communicated, the guard was preparedfor resistance. A deadly fire covered the deck with carnage: severalwere precipitated into the sea. The sanguinary conflict, which mighthave been prevented by timely precautions, obtained for the _Chapman_the popular prefix by which it is distinguished. [71] On one occasion, avessel was in imminent danger, through the foolish incaution of theguard. It was the custom to discharge the fire-arms at sunrise, and toload them at noon: the interval seemed to offer the fairest prospect ofsuccess, and the prisoners extensively joined in the conspiracy; butthey were overheard in conversation by a soldier standing at thehatchway: the ringleaders were seized, and the plot defeated. 

During the shorter voyages, from port to port, such accidents have beenmuch more common, although rarely successful. Knatchbull, a relative ofthe eminent Kentish family, and formerly an officer in the navy, enticedhis fellow prisoners to attempt the capture of the vessel which conveyedthem: but his device, to poison all but the conspirators with arsenic, was denounced. [72]

The prisoners sent down from Sydney to Van Diemen's Land, were conveyedin small crafts and small numbers, and without much regard to theirhealth; but as an example of wretchedness, nothing could exceed theusual passage from Hobart Town to Macquarie Harbour. The unhappy men, often destitute of clothing, were placed in the hold of a vessel, without bedding or blankets, and were exposed, sometimes for five or sixweeks, to the chills of a wintry voyage: on one such, there werethirty-five men, who had but four blankets among them; and one was foundwithout any other covering than his shirt, in which plight he had beenforwarded from the gaol. [73]

The surgeon-superintendent enters on his office at the same moment withthe guard: his duties are multiform--the magistrate, the chaplain, thementor, and the physician. The surgeons are usually popular with theprisoners, and the penal administration with which they are entrusted, is generally the most disguised. Educated men, they are not commonlyhaughty and capricious: they are able to distinguish moral imbecilityfrom perverseness, and both from disease. The habit of scrutinisingquickens their sagacity, and fits them for a station, where theknowledge of the heart is the great secret of control. Accustomed tobehold human nature, stript of all its external trappings, the grade ofthe prisoner, in their estimation, does not wholly debase the man. Witnesses to the wretchedness of humble life, the squalor of its garretsand its cellars--observant that want, which sometimes forms the felon, much oftener makes the martyr, and crowds the hospital rather than thegaol--they are not incapable of pitying either class of victims. Thehorrors which others feel for disease, whether of the body or the mind, excite no antipathies in men who have devoted their lives to its relief:thus their government of convicts often affords a singular contrast tothe agency which precedes or follows them. The recollection of theirconduct is mentioned by the prisoner with respect, and even withfondness. No profession can better prepare for practical benevolence:what it withdraws from the sensibility it adds to the understanding; andthose in charge of convict vessels have exhibited, in full average, thevirtues of their profession. [74]

When physical suffering became infrequent, and the arrangements securedboth convenience and comfort during the voyage, it was long ere moralcontrol, or a reformatory discipline, became objects of concern. Asurgeon, [75] employed from 1818, amused the public with the details ofhis system of management--not wanting in humanity. He encouraged ajoyous indifference to the past or the future: the prisoners sang frommorning to night, and often spent the evenings in dancing. The greatestcriminals were selected on principle for offices of trust, as far themost trusty! The discourse was licentious--the feats of thievery, thechosen topics of amusement and conversation. A stage, decked out withthe remains of former spoil, exhibited "the forty thieves, " or a comedyof judges, officers, and felons: mock charges were enforced bybarristers, arrayed in blankets; the bench was filled with an actordecorated with a quilt, while a swab covered his head, and descended tohis shoulders. In the female prison ships, dancing and concerts, atwhich the cabin passengers were spectators, whiled away the voyage. Thegross immoralities of a former period had subsided when he wrote: hementioned the change with regret. A free intercourse, he thought, moreconducive to reformation, as well as to harmony: the attachment formedby the women, softened their demeanor, and facilitated their control. Such were his views, and they had many partisans: but in connection welearn, without astonishment, that he thought contemptuously ofsaintship, considered reformation utopian, and honesty rather the resultof habit than of principle; the convicts, more unfortunate in theirdetection than peculiar in their crimes: capable of the devotion ofhypocrites; hardly of repentance. The dash of libertinism which sparklesin the pages of this writer, fell in with the humour of the day, and thework was popular. It greatly tended, notwithstanding its levity, tochange the character of penal discipline in the colonies. [76]

The discipline of a convict vessel, as administered bySurgeon-superintendent Browning, exhibited a different scene, and wascarried out in another spirit. The devout character of his mind, hisconfiding disposition, and boundless good-will, are well known in thesecolonies; and his management has been regarded with great admiration, or great contempt. His high valuation of human nature contrasted withthe common official estimate: he not only saw fellow men in the worstprisoners, but practicable materials, which knowledge and judgment mightform into comparative moral excellence. The plan of his governmentrecognised a wide distribution of oversight and responsibility: thenames by which he distinguished those whom he employed were flattering:they were not gaolers and turnkeys, but captains of divisions anddelegates. He delivered lectures upon geography and astronomy: those whocould play instruments, such as clarionet, fife, and violin, werestationed on the deck, while the rest marched in ranks. He instituted acourt of enquiry, consisting of five persons, of which his clerk was therecorder, who examined witnesses, and disposed of trivial offences, byexhortation, warning, and reproof; and in more flagrant cases, thesepreliminary inquiries formed the basis of his own adjudication. Hetreated the prisoners as persons sequestered from society for their owngood. He has shewn, by tables, that those who acquired a knowledge ofreading under his instruction, often indeed imperfect, formed a largeproportion of the whole. [77] His addresses exhibit the ardour of hischaracter: most critics would discern a tinge of enthusiasm; which, however, is common to all, who successfully attempt the reformation ofmankind. Under such a guardian, it may be imagined, that the physicalwelfare of the prisoners was carefully superintended. Medical comfortswere distributed with great liberality: flogging was wholly disused. Moral influence, assisted by occasional deprivation of food or liberty, comprehended the agency he employed. The systems of Browning andCunningham, though contemplating the same general objects, weresingularly adverse; and in nothing did they differ more pointedly thantheir estimate of the substrata of convict character, the influence ofreligious instruction, and the usefulness of the _cat_. Dr. Browning wassubject to much imposition--a liability which meets every aspect ofpractical benevolence; but that he preserved order and health, discouraged blasphemy, provided for the occupation of time, andprevented gambling and peculation--that he sheltered the well-disposedfrom the violence and contamination of the worst--and that he partedwith his charge, with their ideas increased and their moral sensibilityawakened--is, with all deductions, a claim to no trifling praise. Colonel Arthur, a keen observer, mentioned the general emotion whichseparation occasioned: the prisoners heard his valedictory address withtenderness and reverence, and melted into tears. [78] To reproach hislabors would be a sin against mankind; but an over-estimate of theireffect, diminished the moral weight of their example. "Dr. Browning'spets" became marked men; their conduct was watched with curiosity, oftenwith ill-will, and their lapses were reckoned up with exultation. 

The ample provision for the accommodation, exercise, and food of theprisoners, has been of late years a topic of complaint. They requiremore care, and a diet more nicely chosen, than laborers in health andmental tranquillity. Efforts to reduce these comforts have been followedby fever and physical prostration; and whatever aspect their treatmentmay wear, those who deprive them of liberty are bound to provide fortheir safety. The law sentences to transportation: no question of publicpolicy could justify a minister, when converting that penalty into asentence of death. [79]

Notwithstanding the length of the voyage, the navigation of convictvessels has been fortunate: for thirty years no vessel had been lost. The merchant ships met with the average of accidents; but the transportswere supposed, by the curious, to be under a peculiar destiny. Theyattributed their safe passage to the force of the proverb, which impliesthat the trident of Neptune is powerless against the heritage of theexecutioner. 

A succession of calamities, in the navigation of convict vessels, changed the aspect of their fortune, and filled all classes withcommiseration: such was the wreck of the _Amphitrite_, in 1833, whichstruck on the coast of Bologne. That vessel was in a position of greatdanger, and the French pilot, Heuret, endeavoured to warn, in time tosave; but the risk of the usual reward, it is said, the surgeon wasunwilling to incur; and the captain, not less indisposed to forfeit hisbond, which included a penalty for every prisoner who might escape. Their hesitation was fatal to themselves: the women were not permittedto come on deck, or to avail themselves of the opportunity to save theirlives. These unfortunate females, to the number of 103, with theirchildren, were drowned; and their naked corpses, floating to the coastof France, exhibited an appalling spectacle. The French and Englishmingled their tears, as they beheld the bodies strewed along thebeach--some models of feminine beauty, others disfigured by the recentconcussions; among the rest, a young mother, with her child clasped inher arms. Nor does it appear that the instructions of the government hadever foreseen or provided for such dangers, or authorised the temporaryrelease of prisoners, when the situation of the ship might require theirliberation. 

The wreck of the _George the Third_, in April, 1835, excited the mostpainful sensations. Having fifty-three persons on the sick list, occasioned by a deficiency of proper food, Captain Moxley endeavoured toreach Hobart Town through D'Entrecasteaux's Channel: while running at aneasy rate, and in smooth water, the leadsman cried out, "a quarter lessfour:" that instant the vessel struck; at first gently, then heavily, and in less than ten minutes she was a perfect wreck. The prisoners werebelow, imploring release: they rushed to the hatchway, where acorporal's guard was armed to repress them: they forced through thebars, and a few were seen to escape; the soldiers, ordered to resisttheir egress, then fired. The waters rushing into the hold of the vesseldrowned the sick, and reached the knees of the convicts, who wereascending the hatchway; and Major Ryan, and the surgeon-superintendent, expected instant death. They succeeded in sending the long-boat onshore, amidst the cheers of the prisoners. Assistance was afforded bythe _Louisa_ schooner; and a party dispatched in the cutter, obtainedhelp from Hobart Town: but of two hundred and twenty, one hundred andthirty-three perished. The fate of the convicts who fell at thehatchway, excited great commiseration and some complaint: the officersdisclaimed the order to fire--an act which could only be excused by thedanger to the whole company in a rush to the boat. A board of inquiryacquitted all parties of blame. 

One man, only, was found on the wreck; an aged prisoner, on his passageto the colony under his third sentence of transportation: unable to facethe surf, he lashed himself to a ring attached to the hull, and thereclosed his career of crime. 

A disaster, not less appalling, occurred off King's Island, by the wreckof the _Neva_, in May, 1835, at 4 o'clock in the morning: she struckupon the rocks, swung on the reef, and admitted the sea. The pinnace waslowered, and the prison being broken by the shock, the unfortunate womenrushed on the deck; they filled the boat, which was instantly swamped, and all, except three seamen, perished. The long-boat was then carefullyladen; but being upset by the surf, all sunk, except the master andchief officer: these having regained the ship, she parted; and thewomen, aroused from their beds in the twilight of a wintry morning, clung shivering to the fragments. Their cries of suffering and anguishwere soon hushed, and of two hundred and forty, a few moments beforeslumbering in tranquillity, twenty-two only were borne on broken piecesof the ship to land; of these, seven died from exhaustion, and theremainder must have perished, but for the intrepid exertions of Mr. Charles Friend, who caught sight of their signals when passing thecoast. 

Two women disputed about the position of the vessel: exasperated bycontradiction, they were tearing each other by the hair, when a waveswept them from the deck into eternity. 

The wreck of the _Governor Phillip_, in 1848, was the last instance ofsuch disasters. The vessel struck on a sand bank off Cape Barren Island;but, except four, all the prisoners were saved: six soldiers and fiveseamen perished, with Lieutenant Griffiths, the officer in command--ayoung gentleman of amiable disposition and great promise. He exhibited abrilliant example of humanity, calmness, and self devotion. Theprisoners broke from their quarters, rushed on the deck, and obstructedthe exertions of the seamen: entreating them to return, he gave them_his hand_ and his word, that he would not desert the vessel until theywere clear of the wreck. While some were conveyed to the shore, heremained knocking off the irons of the rest; and then finding the boatcould not regain the ship, he plunged into the sea, and was last seenstruggling with the current. The risk of life is common to the militaryprofession; but a sacrifice so nobly made, was surely not less gloriousthan when on the field of battle. 

FOOTNOTES:

[Footnote 63: Sidney Smith: _Edinburgh Review_, 1803. ]

[Footnote 64: _Tench's Narrative_, 1789. ]

[Footnote 65: _Bigge's Report. _]

[Footnote 66: This act (4 Geo. Iv. ) of 1823, made the punishmentslegally inflicted by the overseers on board the hulks, the rule on boardthe transports; but 5 Will. Iv. Allows such punishments as may be_authorised by the secretary of state_, without specifying their nature. The penalty of £20 (previously £50), for not entering the punishment inthe log-book, is in itself a feeble protection against the abuses whichsuch powers might produce. The instructions of the secretary of state tothe surgeon-superintendent direct--to confine in a dark cell; to lessenthe ration, even to bread and water; and whipping: first "using mild andpersuasive means. " It is proper to observe, that these powers are veryrarely abused: punishments are not to be inflicted, except in thepresence of at least twelve prisoners. ]

[Footnote 67: "The captain and each officer enjoy the right ofselection. Thus they continue the habit of concubinage until theconvicts arrive at Sydney Town, and some are now educating five or sixchildren. Each sailor or soldier is permitted to attach himself to oneof the females: the permission and the caresses of the artful wantonhave often lured the temporary parties to marry at Plymouth, morefrequently to consummate the nuptials at Sydney: such a marriagemanumits the convict. "

"The unhappy male convicts are denied, save occasionally, theseprofligate liberties. Occasionally, however, they range into the quarterassigned to the women. The males, accustomed in London to indiscriminatelicense, discover the greatest regret at the restraint of their passionsin the grossest oaths, and in the grossest language. The females, whorather resemble the brutes than rational creatures in their excesses, answer their reproaches, and rage with equal effrontery, and unboundedimpudence. It is a scene like Pandemonium--a second hell, but upon theocean. Sitting in groups, they sing, they shout, they converse in thegrossest terms, corrupting, and corrupted. The concubine knits, or sewsfor her sailor, near his berth: the rest wash the clothes of the maleconvicts; exercise and cleanliness, conducive to their health and to thecomforts of the ship. Many are remarkably neat: all are clad indifferent dresses--some have been enabled to purchase caps, more havenot. The males are clothed in simple uniformity, in blue trousers and ajacket. All the convicts are compelled to wash once in the day theirheads, their feet, and their faces; the men under the superintendence ofa soldier, the women apart under the eye of a matron. The males aremarched in a body of six across the deck to the pump: the sailors drawup the water, and they are artfully compelled to labor for health at thepump, and to rinse away the dirt. By this prudent precaution, in everyvariety of weather, they obtain fresh air and avoid the scurvy, orcutaneous diseases. A surgeon daily inspects this _human cargo_, andreports its _state_. They are paid per head, a sum for those who survivethe voyage; hence it is the surgeon's interest to preserve thesediseased wretches. To inure this assembly, disgorged from brothels, andcellars, and gaols, to the _appearance_, or to the idea of decorum, themen wash their bodies above decks, and the women between them. The sexesare forbid to mingle, even at their meals. So rigorous a discipline isonly supported by severity of punishments. Chains, tied round the bodyand fettered round the ankles, confine and distress each male convict, by the clanking sound, and by annoying the feet. This image of slaveryis copied from the irons used in the slave-ships in Guinea: as in these, bolts and locks are at hand, in the sides and ribs of each _transport_(for the vessels _on this service_, with _peculiar_ propriety are sonamed), to prevent the escape, or preclude the movements of a convict. If he attempt to pass the sentry, he is liable to be stabbed: for theattempt, a convict was lately shot, and his executioner was applauded byhis officer for a faithful, though severe, discharge of duty. If a felonkill his companion, a case very frequent in the quarrels of thesehighwaymen and robbers, the murderer is hung at the yard-arm, and hisbody is slowly carried through the ship, and launched into the deep. Forthe theft of provisions, or of clothes from his neighbour, a case yetmore common, and more natural to footpads, the convict depredator isshot. For inferior crimes, as riot or quarrels, a soldier is commandedto whip the offender with martial severity: the first stroke leaves adeep impression of the wire, the second causes the blood to trickle, thethird draws a stream of gore: under several faintings, the debilitatedand disordered convict receives two dozen of lashes. On the slightestappearance of a mutiny, the ring-leader is cast headlong into the sea, in his irons and his clothes. We commit this body to the deep, thechaplain repeals, but the words of Shakespeare, perhaps, would be moreapplicable:--

'O mutineer! if thou hast any hope of heaven's bliss, Lift up thy hand; make signal of that hope. He sinks! and makes no sign. '"--_Account, by Captain Bertram_, in 1800: Longman. ]

[Footnote 68: New South Wales first fleet, 987 convicts; of which 25died, or 1 in 35. Second fleet, 1763 convicts: died 327, or 1 in every5-1/2. 

"I beg leave, however, to say, that the provisions were much superior tothose usually supplied by contract: they were furnished by Messrs. Richards and Thorn, of Tower-street, London. "--_Tench's Narrative. _These honest contractors deserve immortal renown. ]

[Footnote 69: _Table of Voyages, from_ 1810 _to_ 1820:

--------+---------------------------+----------+---------+-------+-----+Voyages. | Course pursued. | Average. |Convicts. |Deaths. |Sick. |--------+---------------------------+----------+---------+-------+-----+ 44 | Direct | 127 days | 7, 657 | 71 | 94 | 38 | Touched at Rio de Janeiro | 156 days | 6, 470 | 132 | 123 | 11 | Touched Cape of G. Hope | 146 days | 1, 912 | 9 | 57 |--------+---------------------------+----------+---------+-------+-----+]

[Footnote 70: _Bigge's Report. _]

[Footnote 71: The bloody _Chapman_. ]

[Footnote 72: This man, after an extraordinary career, closed hismiserable life on the scaffold, for the murder of a female, to whom hewas engaged. His relative conferred upon her surviving children a sum ofmoney to ensure their education--an act of uncommon generosity whichmust obliterate the discredit of a relationship to one, who, however, perhaps blended insanity and deliberate crime. ]

[Footnote 73: Parliamentary Papers. ]

[Footnote 74: "What chaplets are woven for men of slaughter! Whatstatues to men slaying conquerers! What notes of glory sounded, whatblaspheming praises to the genius of blood shedding! I have seen much ofthe ceremonies dedicated to these things, and contrasting my latefeelings with my present, with what new homage do I venerate the race ofLintleys; the men who, like minor deities, walk the earth: and in thehomes of poverty, where sickness falls with doubly heavy hand, fight thedisease beside the poor man's bed--their only fee, the blessing of thepoor! Mars may have his planet, but give me--what, in the spirit of theold mythology might be made a star in heaven--the night lamp ofApothecary Lintley. "--_Story of a Feather, by Douglas Jerrold. _]

[Footnote 75: Cunningham. ]

[Footnote 76: _Two Years in New South Wales_, vol. Ii, pp. 260-282. ]

[Footnote 77: _Compiled from Dr. Browning's Tables. _

+-----------------------------------------------+------------------------+¦ At embarkation. ¦ On debarkation. ¦+--------+-------------+------------------------+------------------------+¦ Year. ¦ Ship. ¦ Neither read nor write. ¦Unable to read or write. ¦+--------+-------------+------------------------+------------------------+¦ 1831 ¦ Surry ¦ 118 ¦ 1 ¦¦ 1834 ¦ Arab ¦ 194 ¦ 1 ¦¦ 1836 ¦ Elphinstone ¦ 158 ¦ None ¦¦ 1840 ¦ Margaret ¦ 102 ¦ 6 ¦+--------+-------------+------------------------+------------------------+]

[Footnote 78: "After he had examined them, and almost every prisoner hadrepeated a portion of scripture, he addressed them in a most affectingmanner, and entreated them not to forget the lessons he had imparted;and on his withdrawing, I think there was not a dry eye amongst thewhole of the prisoners. "--_Col. Arthur_, 1837. _Par. Papers. _]

[Footnote 79: _Browning's England's Exiles_, 1842. ]

SECTION V. 

Those who delight to distinguish practical wisdom from theory, willderive no countenance from the early practice of transportation. To ridthe parent state of an encumbrance, was alone the immediate object ofthe government: all beyond was surrendered to fate. The absorbingagitation of Europe, then filled with wars and revolutions, diverted thepublic gaze from a distant experiment, and left to local discretion thedetails of its working. The difficulties of this extempore system werereally great: that competition for penal labor, which afterwards madeits distribution a boon, had no existence; the social influence of astrong body of settlers, habituated to industry, and expecting opulenceas its reward, was an auxiliary unknown. Political economy, as apractical science, was lightly esteemed: the choice of instruments toeffect a royal purpose, rarely determined by their specificqualifications. The first rulers of these colonies were, indeed, men ofliterary pretensions; several, of extensive nautical experience: trainedon the quarter deck in the discipline of war, when royal ships wereoften scenes of great courage, and of equal despotism anddebasement--when seamen were taken from the dock, impressed from thetrader, and even stolen on the streets. Taught to govern a crew, theywere judged by the ministry exactly qualified to coerce and control abody of prisoners. There were some advantages in this choice: they weremen who knew how to subject the will of masses; their fearless temperfelt no dread of those wild and lawless spirits surrendered to theirpower. They could transfer the system of the navy to the shore: theywere not intimidated by hardships, and they were accustomed toprivations: perhaps, no other profession could have furnishedadventurers, on the whole, so well qualified for their task. 

But in planting a colony, tillage is the first element of success; ofthis, they knew nothing: they could destroy a fort, or erect a tent;but to subdue the earth to the plough, or to construct a town, requiredanother education. They gave, and long preserved, to the site of thecity, the name of _camp_: thus the first efforts at cultivation wereunfortunate: they had passed two years in New Holland, scratching up theearth with hoes, and ought to have gathered a harvest, when they were onthe verge of starvation. [80]

Among the thousand persons landed, not one could be found possessing aknowledge of agriculture. [81] What they did not know, they could notteach. The misapplication of labor was prodigious: they acquired the artof cultivation by the slow process of experiment; and thus they came toa conclusion, only lately obsolete--that an Australasian husbandman isspoiled by the agricultural knowledge of Europe. 

The immediate direction of labor, from the beginning, was committed toconvicts. To stand over the prisoners, was not an agreeable occupationfor gentlemen: thus the actual working of transportation, as a penalsystem, was entrusted to men, often clever and corrupt, whose brutalhabits and savage demeanour excited disgust and fear. This errorperpetuated itself: persons of character rejected a position, so oftenoccupied by the worthless: even the distribution of labor was entrustedto such hands, or subject to their influence. To the prisoners, inreality, they sold indulgences of the crown, or exacted a revenue fromtheir vices. The chief superintendent of convicts at Sydney, and wholong determined what men should be dispatched to this country, washimself doubly convicted. [82] This was far from destroying eligibility:it became at last an official proverb, that bad men, from the very vicesof their character, were the fittest for a direct supervision; and, finally, that the world is divided between the rogue and the fool. Theuse of power, when entrusted to such hands, is no problem; nor is itpossible to imagine greater degradation, or punishment more capricious, than of the unfortunate person subject to such taskmasters; in whosehands, according to the custom of early times, the rod of authority wasnot a metaphor. [83]

That form of service, known as assignment, was established by GovernorKing in 1804. The master was bound by indenture to retain his servantfor one year, and for every day deficient, a penalty of one shilling wasimposed: the quantity of the work to be done was prescribed; contingent, however, on the nature of the soil, the state of the weather, and thestrength of the workman: the surplus of his time might be occupied bythe master, but his earnings were his own. Wages were £10 per annum, andfor a female £7; but the deficiency of money, induced the employers toallot a proportion of time as a compensation, or to supply goods, onwhich an advance was claimed, often extremely oppressive; and when theseason rendered servants less useful, the masters were tempted to obtainrelief by false accusations, or to allow their men to quit thepremises--who sought, by labor or theft, the means of subsistence. 

To restrict the habit of change, Macquarie established the rule that noconvict should be returnable, except for infirmity, sickness, or crime;but when the supply exceeded the demand, this condition was evaded, andthe result--an accumulation in the hands of the government. A largeproportion were from the manufacturing districts of Great Britain: theywere utterly ignorant of farming, and when the plough superceded thehoe, they required a tedious training before they repaid the expense oftheir support. 

The agriculture of this colony was long trifling: the convicts werechiefly employed as stockmen and shepherds: from the banks of theDerwent to the district of Launceston, the land in general was awilderness, unfenced and untenanted: the men, stationed forty and fiftymiles from their masters' dwellings, were rarely visited, and were underno immediate control. They were armed, to defend themselves from thenatives, and clad in skins: they lived in turf huts, thatched with longgrass, and revived the example of savage life. [84]

It was the custom to allot to the superior officers, magistrates, andconstables, in proportion to their rank, a certain number of men, whowere subsisted from the king's stores. A skilful mechanic, or pedlar, was a valuable acquisition: he hired his own time, and paid from 5s. To£1, according to its estimated weekly value, while the master drew, forhis own use, the rations of the servant. Others rented farms, and paidtheir masters in produce; and when "government men, " as assignedservants were called, were unable to obtain payment, and thus failed tomake good an engagement with the master, they were liable to be thrownback into their former position. 

Tickets-of-leave were freely given to those incapable of much service tothe government, or its officers: such as were useful, whatever might betheir conduct, were long detained, and for a period often indefinite. Females, who arrived with property, were discharged to enjoy it. Iffollowed by the husband, the wife was instantly assigned to his care. Toenable a prisoner to support his wife when she joined him, or when aconvict married a convict, if of no special value he was released tolabor for himself. 

No accurate account was preserved of these distributions, and a noticeappeared during the government of Sorell, which required all womenliving at large to give an account of the grounds on which theypretended to freedom, or otherwise to obtain a regular ticket-of-leave. 

Under a system so irregular, great practical injustice was occasionallyinflicted: while advantages were enjoyed by artisans, who could hiretheir time; who obtained large profits from their trade, and indulged inevery form of vice and licentiousness. [85]

An action in 1821 (Loane _v. _ Beamont), for the recovery of a debtincurred by a prisoner of the crown assigned to the defendant, illustrated the system which then prevailed. The man in question arrivedin 1813, and in 1816 he was Beamont's government man, who then by verbalagreement, and afterwards in writing, engaged to sell him a farm, nearHerdsman's Cove, for £1, 400, including the stock and implements ofhusbandry. He possessed, besides a sum of money, a considerable flock ofsheep. There was nothing disguised in this transaction: the annualrental was intended to cover the purchase. The judge remarked, that thememorandum "was as good a sale upon honor as ever he saw. " The suit wasan instance of the strange perversion of prison discipline, whichhowever excited no remark, and therefore could not be uncommon. 

At the close of Governor Davey's administration in 1817, the populationof Van Diemen's Land was 3, 114, and of these 566 resided in the countyof Cornwall. The convicts were slowly augmented by deportations fromSydney, and they were subject to the absolute will of the officers. Itis in vain to look for systems in a community so small, and separated byso great a distance from public opinion. Management was lax or rigid, according to the temper of the moment; and no object was contemplated bythose who had power, except to render its exercise subservient to theirprivate views. Previous character had no marked influence in determiningthe lot: a life of crime was no barrier to indulgence, when its pricecould be paid: the early career of the prisoners was generally unknown. The discipline was, indeed, often severe: lashes were administered byhundreds, and crimes or offences, were resented or forgiven, notaccording to rule, but circumstances. There were, however, gradations ofpenal banishment: as at Sydney, those separated to special punishment, were sent to Hobart Town; such as were still further implicated wereforwarded to Launceston; but the dregs of all settled at George Town. What was the character of the inhabitants of that place, may be inferredfrom the Commissioner's Reports. Prisoners, male and female, living inskillings, the commandant disobeying the orders of his chief, inferiorofficers exhibiting flagrant immorality; labor compensated by thegovernment in a currency of rum; sold by abandoned women--who were oftenthe depositories of stolen goods passed from Hobart Town and Launceston. Such was George Town at, and for some time after, this era. 

The charges against the prisoners, were such as result from slavery anddebasement. All crimes, of less magnitude than murder, or burglary underaggravated circumstances, were punished in a summary manner. Toprosecute, was to encounter ruin: the person despoiled, while pursuingthe robber, lost the remnant of his property; and, returning to hisdwelling, found it wrecked and pillaged. Mechanics, and others entitledto money, were paid in rum, and its prompt consumption was the onlymeans to secure its enjoyment. Those who earned considerable sums, wererarely richer than their neighbours. 

While Governor Collins lived, some order was maintained: it was duringthe rule of his successor that the British standard covered a state ofsociety, such as never before possessed the official sanction. Once ortwice a month, this Governor enjoyed a carouse, to which a sea-port, intimes of war, might furnish an example. Having selected a station, notfar from the town, he provided for the feast: the more talented of theconvicts surrounded the tent, and enlivened the entertainment withsongs. Rum, in large quantities, loaded the board: first the chiefs, andthen their retainers, revelled in its overflowing abundance. The gaolgang, warned by his Honor's steward of the direction the guests hadtaken, sometimes followed after the jovial ruler; and when the moonarose, the Governor and his attendants, of various grades, might be seenwinding home together. A number of settlers, whom he had offended, refused an invitation: when time had obliterated their resentment, heinvited them again: the table was covered, and the guests were seated;but at that moment, the gaol gang, facetiously called the Governor'sband, and who were posted near the spot for the purpose, burst into thechamber, and swept away all the provisions. The Governor pretended toregret this termination; but consoled himself by saying, he could "get adinner at _Stocker's_. " Such was this trustee of national justice!

FOOTNOTES:

[Footnote 80: At the period above mentioned, the colony was in imminentdanger of perishing from famine, in consequence of the non-arrival ofstore ships from England. Captain Tench, in his interesting work on NewSouth Wales, thus describes the situation and feelings of himself andhis fellow settlers:--"We had now (that is, in the beginning of 1790)been two years in the country, and thirty-two months from England, inwhich long period no supplies, except what had been procured from theCape of Good Hope, had reached us. Famine was approaching with giganticstrides, and gloom and dejection overspread every countenance. Still, wewere on the tiptoe of expectation. If thunder broke at a distance, or afowling piece of louder than ordinary report resounded in the woods, '_Agun from a ship!_' was echoed on every side, and nothing but hurry andagitation prevailed. As we had removed from Botany Bay to Port Jackson, it was judged necessary to fix a party of seamen on a high cliff calledSouth Head, at the entrance of the harbour, on which a flag was orderedto be hoisted whenever a ship might appear, which should serve as adirection to her and as a signal of approach to us. Here, on the summitof a hill, did we sweep the horizon every morning from day-light untilthe sun sunk, in the hope of seeing a sail. At every fleeting speckwhich arose from the bosom of the ocean, the heart bounded, and thetelescope was lifted to the eye. If a ship appeared here, we knew thatshe must be bound to us; for on the shore of this vast ocean, thelargest in the world, we were the only community which possessed the artof navigation, and languished for intercourse with civilised society. InMarch, vigorous measures were become necessary. The _Sirius_ was orderedto prepare for a voyage to China, but she was shortly after wrecked. Onthe 27th of this month, the following order was issued:--'Parole--Honor;countersign--Example. The expected supply of provisions not having yetarrived, makes it necessary to reduce the present ration, to render thementioned allowance to every person in the settlement withoutdistinction. Four pounds of flour, two pounds and a half of pork, andone pound and a half of rice per week. ' The flour was afterwards reducednearly one half, and the other articles in a less proportion. The porkhad been salted between three and four years, and every grain of ricewas a moving body. We soon left off boiling the pork, as it had becomeso old and dry, that it shrunk one half. We toasted it before the fire, catching the drops which fell on a slice of bread, or in a saucer ofrice. The distress of the lower classes for clothes was almost equal totheir other wants. Nothing more ludicrous can be conceived than theexpedients of substituting, shifting, and patching, which ingenuitydevised, to eke out wretchedness, and preserve the remains of decency. Nor was another part of our domestic economy less whimsical. If a luckyman, who had knocked down a dinner with his gun, or caught a fish byangling, invited a neighbour to dine with him, the invitation ran, 'bring your own bread. ' Even at the Governor's table this custom wasconstantly observed. Every man who sat down pulled his bread out of hispocket. In May, the men became much weakened from want, and they wereordered to do only as much work as their strength would permit. Rigorousjustice was executed on persons detected in robbing or pilfering. Aconvict detected in stealing potatoes was ordered to receive 300 lashes, to be chained for six months to two other criminals, and to have hisallowance of flour stopped for six months. Further, to contribute to thedetection of villany, a proclamation, offering 60 pounds of flour, moretempting than the gold of Peru, was promised to any one who shouldapprehend a robber of garden ground. At length the bonds of misfortunebegan to separate, and on the evening of June 3rd, the joyful cry of'_the flag's up!_' resounded in every direction. I was sitting in myhut, musing on our fate, when a confused clamour drew my attention. Iopened my door, and saw women, with children in their arms, running toand fro, with distracted looks, congratulating each other, and kissingtheir infants with the most passionate and extravagant marks offondness. I ran to a hill, where, by the assistance of a pocket glass, my hopes were realised. A brother officer was with me, but we could notspeak; we wrang each other by the hand, with eyes and heartsoverflowing. Finding the Governor intended to go immediately in his boatdown the harbour, I begged to be of his party. As we proceeded, theobject of our hopes soon appeared--a large ship, with English colorsflying, working in between the heads which form the entrance to theharbour. The tumultuous state of our minds represented her in danger, and we were in agony. The weather was wet and tempestuous, but the bodyis delicate only when the mind is at ease. We pushed through wind andrain, the anxiety of our sensations every moment redoubling. At last weread the word _London_ on her stern. 'Pull away, my lads! she is fromold England! A few strokes more, and we shall be aboard--hurrah for abelly full, and news from our friends!' Such were our exhortations tothe boat's crew. A few minutes completed our wishes, and we foundourselves on board the _Lady Juliana_ transport, with 235 of ourcountrywomen, whom crime or misfortune had condemned to exile. She hadbeen about eleven months on her voyage. "--_Tench's Narrative. _]

[Footnote 81: _Dr. Lang's History of New South Wales. _]

[Footnote 82: _Bigge's Reports. _]

[Footnote 83: The decision of a magistrate was not necessary, to inflictpunishment. The overseer stalked about with a military cane, and was notsparing of its use. "He would walk out behind the convict-hoers in amorning gown and morocco slippers, with a _Penang Lawyer_ hugged closeunder his right arm, or borne like a royal sceptre before him, pluckingat every tuft as he paced about, and drumming such a tattoo upon theshoulders of the unlucky wight, whose ground was not completely chopped, and grass fairly uprooted, as made the whole brush dance with fire-fliesbefore him!"--_Cunningham. _]

[Footnote 84: "The other inhabitants of the island (Britain) stillmaintained themselves by pasture: they were clothed with skins ofbeasts; they dwelt in huts, which they reared in forests and marshes, with which the country was covered. "--_Hume's History of England_, chap. I. ]

[Footnote 85: "A little wicked tailor arrives, of no use to thearchitectural projects of the Governor: he is turned over to a settler, who leases this sartorial Borgia his liberty for five shillings a week, and allows him to steal and snip what, when, and where he can. Thenefarious needleman writes home, that he is as comfortable as a fingerin a thimble: that, though a fraction only of humanity, he has severalwives, and is filled every day with rum and kangaroo. This, of course, is not lost upon a shop-board, and for the saving of fifteen pence a-day(to government), the foundation of many criminal tailors islaid. "--_Edinburgh Review_, 1823. ]

SECTION VI. 

The adventurous habits of a hunting life, favored by the earlynecessities of the settlement, trained the prisoners tobushranging. [86] The lawless pioneers of the settlers repeated inTasmania the exploits once common in Great Britain, when the merry greenwood was the retreat of the outlaw; and always found where thepopulation is scanty and the government feeble: the popular names ofplaces denote the character or tastes of their early visitors andheroes. [87] The bushrangers at first were absentees, who were soonallured or driven to theft and violence; but so early as 1808, Lemon andBrown, by systematic robbery, had excited feelings of alarm: one ofthese men was surprised asleep, and decapitated, at Lemon Springs, whichbear his name. 

The severity of corporal punishment, which prevailed at that period, when no prison more secure than a stockade had been built, induced theaccused to obtain a respite by retiring to the bush. Some men of milderdisposition abstained from all active violations of the law, and keptaloof from offenders of a different temper. Of a sailor, who deserted tothe forest, it is said that he not only refrained from robberies, butoften prevented them: he had carried to his retreat a young woman whomhe professed to love, and remained for three years in his seclusion. Theromance of this event was, however, extinguished at the close of theirexile: the man grew prosperous, abandoned his faithful companion, andmarried another. 

Towards the close of 1813, the daring and sanguinary violence ofbushrangers, reduced the colony to the utmost distress: the settlers, generally of the lowest class, received their plunder, and gave themnotice of pursuit. Their alliance with stock-keepers, who themselvespassed rapidly, and almost naturally, from the margin of civilised to alawless life, was well understood: nor could they readily refuse theirfriendship: the government, unable to afford them protection, left themno other source of safety. The division of the colonists into those whohad been convicts, and those who controlled them, naturally ranged allof loose principles on the side of the outlaws. Nor was their mode oflife without attractions: they were free: their daring seemed likeheroism to those in bondage. They not unfrequently professed to punishseverity to the prisoners, and like Robin Hood of old, to pillage therich, that they might be generous to the poor. The course adopted bythe government indicated the strength of the robbers: despairing toreduce them by force, in 1814 Macquarie tendered pardon, except for thecrime of murder, to those who, within six months, should return to theirduty. To give effect to this treaty, time was judged necessary for itspublication; and to allow for the hesitation of the penitent, a distantday was appointed for closing the door. 

This singular document was prepared by his Majesty's judge, who was thushimself bound in honor to its unexampled conditions; but the legalacumen of the robbers soon detected the error: its effect was not onlypardon for the past, but, with the exception of murder, a license toravage the colony until the date expired. Thus, they gathered theharvest of crime, and continued their depredations to the last. Nor wasanother advantage foreseen, although eagerly embraced by the robbers:they almost universally submitted, and having cleared with the law, wereprepared again to abscond, and risk once more the chances of the field;but if the document was absurd, the conduct of the local authorities wasnot less impolitic. The removal of men, so well acquainted with thecolony and its hundred retreats, was an obvious, yet neglected, precaution: some were satisfied with their past experience, but otherslost no time in returning to the bush. 

For several years the settlement suffered the utmost mischief from thesebands of robbers: among those celebrated for daring, for resoluteresistance, and for frequent escapes, Michael Howe, a seaman, obtainedthe largest share of fame. Formerly in the royal navy, and afterwardsowning a small coal craft, he had acquired some notion of order andcommand. On his arrival in Van Diemen's Land, in 1812, he was assignedto Mr. Ingle, a merchant and stock-holder; but he had declared, thathaving served the king, he would be no man's slave, and to cast off theyoke of such subjection was, perhaps, the main object he contemplated. Such was his pretence. Having received the benefit of the amnesty, hesoon joined a gang, of which one Whitehead was the leader; among whomwas a deserter of the 73rd regiment, and two aboriginal women. Thesettlers of New Norfolk, they deprived of all their portable property, their arms and ammunition; and shortly after, thus equipped, they burnedthe wheat stacks and barns of the police magistrate, Mr. Humphrey, andthose of Reardon, the district constable at Pittwater. The followingmonth they appeared again at New Norfolk, and pillaged the residence ofMr. Carlisle, who advising his neighbour, Mr. M'Carty, of theirvicinity, induced him to arm for the protection of a vessel, the_Geordy_, which he presumed they would endeavour to capture. M'Carty, and those who were with him, coming up with the robbers, demanded theirarms. They were under the cover of a large hollow tree: the settlerswere thus exposed to their aim: Carlisle himself received a ball in thegroin, and three slugs in the breast, and died within an hour. O'Birnie, master of the vessel, was wounded by a ball in the cheek, whichperforated his tongue and lodged in his neck. The banditti now commandedinstant surrender, which being refused, the firing was renewed. Thesettlers were compelled to abandon one of their number, who waspreserved by Whitehead from the violence of his comrades. When anaccount of this skirmish was received, armed parties were dispatchedfrom Hobart Town, and came closely on their track. They re-appeared atthe house of Mr. Humphrey, and compelled his servants to tie the handsof each other: they then plundered whatever they found useful, destroying the rest in revenge: they had discovered handcuffs in thehouse. Hitherto Whitehead had been the leader; but his spite ultimatelyled to his destruction: he conducted his gang to the house of M'Carty, into which they wantonly fired a volley of shot: a party of the 46thregiment were lying in ambush; a brisk fire commenced, and Whitehead wasmortally wounded. The darkness of the night prevented pursuit: Whiteheadran towards Howe, who, at his request, immediately cut off his head. They had bound each other thus to provide against the recognition of afallen companion--to deprive their pursuers of the promised reward. Howethen became the leader of the band. A party of soldiers succeeded in thecapture of two who had separated from the rest: they also recoveredammunition and fire-arms, of which the settlers had been pillaged. Toeffect the reduction of such disturbers of the public peace, martial lawwas proclaimed by Lieutenant-Governor Davey--an exertion of power beyondhis commission, and opposed by his only official adviser, the DeputyJudge Advocate. Macquarie promptly disallowed this interference with hisauthority. It was argued, that the right to declare martial law, ifvested in Davey, might be claimed by any subaltern, whose distance fromthe central authority gave the plea of necessity. To bring the offendersto justice at all, it was first necessary to take them: when in bonds, they would cease to be dangerous, and might be forwarded to thetribunal appointed by the crown. These arguments did not prevail to stayprocess: a court-martial condemned to death Macguire and Burne, bushrangers, and Stephens, a perfidious stock-keeper, by whom they hadbeen countenanced. 

The movements of the robbers were rapid: they plundered the residence ofMr. David Rose, near Launceston, and escaping a diligent pursuit, theyre-appeared at Bagdad, a distance of 100 miles. Their scouts hadinformed them that property to a large amount would be found there:their confederacy was extensive, and it was asserted by Howe, that somemost active in his pursuit, had been sharers in the profits of hiscrimes. The tone assumed by this robber, was that of an independentchief, and in the management of his men he attempted the discipline ofwar. They subscribed to articles, which bound them to obedience:penalties were inflicted, such as cutting and carrying wood for theirfires, or even stripes. He professed the piety of a quarter-deck, andread to them the scriptures: his style and title was "Governor of theRangers, " and he addressed the King's representative as "Governor of theTown. " His taste for ceremony was once curiously exhibited: having met atraveller, he ranged his party, and called on the stranger to witness anoath, which was administered on the _Prayer Book_ by one of the gang. The purport of their vow might be inferred from their message: theysaid, they could set the whole country on fire with one stick, andthrash in one night more than could be gathered in a year. 

Happily for mankind, the association of evil men is but transient. Howe, often absent from his party, without assigning reasons, awakened asuspicion: he retreated with a native girl, Mary, but was shortly afterfollowed by soldiers. His companion was taken, and he lost his dogs, hisknapsack, and arms: it is said, that he fired at the girl, because sheencumbered his flight; but it was asserted by himself, that he onlyintended to alarm, and not destroy her. She became useful to thegovernment, by discovering the resort of the robbers, and a flock ofsheep they had stolen. At length, weary of his wandering life, Howeproposed to surrender to the government. A person, who had formerlyjoined him in an attempt to escape in an American vessel, became thechannel of communication. Howe affected to dread the violence of thesettlers, who might kill him for the reward, or to prevent hisdisclosures; but Governor Sorell sent Captain Nairne to the place ofmeeting, with an assurance of present safety, and intercession for hisforgiveness. 

Society must have been at the verge of dissolution, when letters andmessages passed between the government and an outlaw. To admit itsprudence, requires a recollection, not only of the power of the robbers, but the number of their friends. [88]

The disclosures of Howe were not important, and his companions continuedstill a terror to the public: their losses were frequent, but theyreceived continual accessions. They seized the boat, which carriedprovisions between George Town and Launceston; probably with theconcurrence of the crew, several of whom joined them. They were nowtwenty in number, and it became necessary to unite the colony againstthem. The more opulent settlers were compelled to abandon theirdwellings, and to take refuge in the towns. Sorell, by a spiritedappeal, roused their more decided efforts to destroy the marauders:sums, subscribed by the inhabitants of Hobart Town, of eighty or onehundred guineas, were offered for their apprehension. A party ofmilitary traced them to the Black Brush, and thence to a settler's houseat the Tea Tree, where they had dined. They had the advantage ofposition, but Geary, their leader, was slain, and several otherswounded. The rain had damped the powder of the soldiers, which preventedtheir muskets from telling with full effect; but their success wasominous to the robbers. 

Notwithstanding the character of Howe, on the plea of ill-health, he waspermitted to walk abroad in charge of a constable; but whether hedistrusted the promise of pardon, or preferred the license of the bush, he eluded his guard, and escaped--without, however, trusting his safetyto the fidelity of his former companions. These soon met their fate:Hillier resolved to purchase his life by the sacrifice of his comrades. At midnight, while two of them slept, he attempted their destruction:cutting the throat of one, from ear to ear, and wounding the other withhis own rifle. 

The bushrangers were now reduced to three: Howe, Watts, and Browne. Thelast, surrendered; but Watts conspired with a stock-keeper, named Drewe, to seize Howe. This man, when in charge of his master's flock, occasionally corresponded with him. They accordingly met him, at a placecalled Longbottom. Within one hundred yards of each other, these oldcompanions in crime demanded, and agreed, that both should knock out thepriming of their guns: they then kindled a fire. Watts threw Howe on theground; Drewe tied his hands, and took his knives from his pocket: theythen prepared breakfast. After some delay, they proceeded to HobartTown; Watts, with his gun, walking before Howe, and Drewe behind him. The captive disengaged his hands, and, with a knife he had concealed, stabbed Watts; and in an instant, seizing his gun, he shot Drewe dead. Watts then expected a similar fate; he, however, reached Hobart Town, and was thence forwarded to Sydney, where he died of his wounds. 

The Lieutenant-Governor, anxious to end the career of this desperateman, offered, beside the pecuniary reward, freedom and a passage toEngland to any prisoner, who might succeed in his capture. Stratagemswere continually devised to entrap him; but he retired into the distantparts of the wood, only appearing when hunger or lack of ammunitioncompelled his visits. His courage and skill made him a formidableantagonist: none would venture to face him; yet so hot was the pursuit, that he again left behind his knapsack and ammunition. He continued atlarge until the 21st October, 1818. Warburton, often an accomplice, became his betrayer: he enticed him to a hut, where he said that hewould find supplies necessary for subsistence; and, notwithstanding hishesitation, which occasioned long delay, he was caught in the snare:having discovered the ambush, he retreated with precipitation; but wasovertaken, and slain. [89]

Howe was charged with several murders, beside those here recorded. Itwas the fashion of the day, to admit every rumour of his cruelty. It wasstated, on doubtful authority, that having quarrelled with Edwards, acomrade, respecting some plunder, he slew him; that another, Bowles, having discharged a pistol in sport near his person, suffered the samefate--that he tied the hands and feet of the offender, and shot himdead. The death of Davenport, a stockman, without much probability, wasattributed to Howe: his remains were afterwards discovered, withoutconfirming the suspicion. The relations of these men naturally led totreachery and revenge, and in the terms of their union retaliation wasincluded. Howe kept the secret of his gang, and displayed much sympathywhen his companions were sick or wounded. He was a bold outlaw, preparedto maintain his freedom at whatever cost; nor does it appear that he waswanting in those equivocal virtues, which are compatible with a life ofviolence and guilt. His knapsack contained a record of his dreams, written on kangaroo skin with blood; he was haunted by visions of hisold companions who were dead: the subject of one, was his sister. He hadmade a list of seeds, vegetables, fruits, and even flowers, intended toadorn the seclusion which he contemplated. Howe's form was athletic, hiscountenance strongly marked; his beard of an extraordinary length, andhe was dressed in the skin of kangaroo. [90]

Five years after his death, Howe's dwelling was found. The site waschosen with taste, in an open undulating country, stretching to thewestern mountains: the spot was secluded from observation, was coveredwith a large honeysuckle, and on a rise sloping to the stream. Agigantic tree, prostrate, which he used as a chopping block, was theboundary to which he permitted Warburton to approach. [91]

The privation, fatigue, and anxiety endured by the bushrangers, theyhave often depicted with horror. The country, destitute of indigenousfruits or herbs, afforded no safe retreat; and they were compelled tohover round the inhabited districts to obtain ammunition, even whenwilling to live by the chase. The increase of the settlers has longprevented protracted concealment, and multiplied the chances of capture. Prompted by passion, or allured by the fascination of liberty, anunbroken succession of adventurers have sought shelter in the bush, andpassed through the miseries of a vagrant life; but their suppression hasusually been easy, and for years the penalty of their crimes certain. 

In the progress of these memorials, allusions to bushrangers mustoccur; but the records of crime are disgusting. The Italian robbertinged his adventure with romance; the Spanish bandit was often asoldier, and a partisan; but the wandering thieves of Tasmania were notless uncouth than violent--hateful for their debasement, as well asterrible for their cruelty. They can rarely be objects of interest, savewhen points in their career illustrate principles, or exhibit traits incontrast with their ordinary course. It may be proper to noticeinstances of courage, of constancy, or of unusual suffering: they mayset forth the social state out of which they have arisen, and thus theoperation of systems; but who would delight to read the dull details ofwickedness which crowd the annals of this country?

FOOTNOTES:

[Footnote 86: _Bigge's Report. _]

[Footnote 87: The following are some that require no key:--Murderers'Plains, Killman Point, Hell Corner, Murderers' Tiers, Four SquareGallows, Dunne's Look-out, Brady's Look-out, and Lemon's Lagoon. ]

[Footnote 88: A more singular instance occurred during the rule ofColonel Davey. A reformed bushranger was dispatched to treat with ayoung man who had absconded from the commissariat: he resolved toaccompany the messenger into the presence of the Governor; but he wentarmed. The kind old man received him with some rough salutation; buthaving discovered his pistol, he asked what was the meaning of that? Inreply, he stated that he had resolved to shoot the messenger, if hefound treachery--a precaution, which rather amused than offended thegallant commander. This statement, made by a survivor of the scene, is acurious relic of government. ]

[Footnote 89: "JACK WORRALL. --He was entrapped into the mutiny of theNore, but the only part which he took in the proceedings, was writingout in a fair hand several papers for the mutineers; and this hedeclared he did for no other purpose than to indulge his own vanity, indisplaying his fine writing, upon which he had highly valued himself. Hewas tried after the surrender of the mutineers, and transported for lifeto Van Diemen's Land. 'I was now, ' said he, 'determined to make a pushfor the capture of this villain, Mick Howe, for which I was promised apassage to England in the next ship that sailed, and the amount of thereward laid upon his head. I found out a man of the name of Warburton, who was in the habit of hunting kangaroos for their skins, and who hadfrequently met Howe during his excursions, and sometimes furnished himwith ammunition. He gave me such an account of Howe's habits, that Ifelt convinced we could take him with a little assistance. I thereforespoke to a man of the name of Pugh, belonging to the 48th regiment--onewhom I knew was a most cool and resolute fellow. He immediately enteredinto my views, and having applied to Major Bell, his commanding officer, he was recommended by him to the Governor, by whom I was permitted toact, and allowed to join us; so he and I went directly to Warburton, whoheartily entered into the scheme, and all things were arranged forputting it into execution. The plan was thus:--Pugh and I were to remainin Warburton's hut, while Warburton himself was to fall into Howe's way. The hut was on the river Shannon, standing so completely by itself, andso out of the track of any body who might be feared by Howe, that therewas every probability of accomplishing our wishes, and '_scotch thesnake_'--as they say--if not kill it. Pugh and I accordingly proceededto the appointed hut: we arrived there before day-break, and having madea hearty breakfast, Warburton set out to seek Howe. He took no arms withhim, in order to still more effectually carry his point; but Pugh and Iwere provided with muskets and pistols. The sun had been just an hourup, when we saw Warburton and Howe upon the top of a hill, comingtowards the hut. We expected they would be with us in a quarter of anhour, and so we sat down upon the trunk of a tree inside the hut, calmlywaiting their arrival. An hour passed, but they did not come, so I creptto the door cautiously and peeped out--there I saw them standing, withina hundred yards of us, in earnest conversation; as I learned afterwards, the delay arose from Howe's suspecting that all was not right. I drewback from the door to my station, and in about ten minutes after this weplainly heard footsteps, and the voice of Warburton; another moment, andHowe slowly entered the hut--his gun presented and cocked. The instanthe espied us, he cried out, '_Is that your game?_'--and immediatelyfired; but Pugh's activity prevented the shot from taking effect, for heknocked the gun aside. Howe ran off like a wolf. I fired but missed. Pugh then halted and took aim at him, but also missed. I immediatelyflung away the gun and ran after Howe. Pugh also pursued; Warburton wasa considerable distance away. I ran very fast--so did Howe; and if hehad not fallen down an unexpected bank, I should not have been fleetenough for him. This fall, however, brought me up with him; he was onhis legs, and preparing to climb a broken bank, which would have givenhim a free run into the wood, when I presented my pistol at him, anddesired him to stand: he drew forth another, but did not level it at me. We were about fifteen yards from each other--the bank he fell frombetween us. He stared at me with astonishment, and to tell you thetruth, I was a little astonished at him, for he was covered with patchesof kangaroo skins, and wore a black beard--a haversack and powder hornslung across his shoulders. I wore my beard also--as I do now: and acurious pair we looked like. After a moment's pause, he cried out, 'Black beard against grey beard for a million!'--and fired: I slapped athim, and I believe hit him, for he staggered; but rallied again, and wasclearing the bank between him and me, when Pugh ran up, and with thebutt end of his firelock knocked him down again, jumped after him, andbattered his brains out, just as he was opening a clasp knife to defendhimself. '"--_The Military Sketch Book. _]

[Footnote 90: This account is taken from the _Sydney Gazettes_, quotedby Wentworth; _Commissioner Bigge's Reports_, and _Bent's Life ofHowe_. ]

[Footnote 91: Bent, the government printer, published a pamphlet in1818, entitled, "_Michael Howe: the last and worst of the Bushrangers_. "This pamphlet was reviewed by the _Quarterly_; "it is, " observes thereviewer, "the greatest literary curiosity that has come before us--thefirst child of the press of a state only fifteen years old. It would, ofcourse, be re-printed here; but our copy, _penes nos_, is a genuineCaxton. This little book would assuredly be the _Reynarde Foxe_ ofAustralian bibliomaniacs. "--1820. ]

SECTION VII. 

It was the policy of the local government to relieve the crown from thatclass of prisoners who were incapable of useful labor on the publicworks. The settlers from Norfolk Island, who had acquired their liberty, or fulfilled their military service, became the employers of prisoners:many of the masters, in their principles and habits, did not differ fromtheir men--frequently, their accomplices and sharers of their spoil. Those engaged in the interior, in tending the flocks and herds, wereoften paid in proportion to the increase, and beside the property oftheir masters, they had charge of their own. This system, fraught withmischief, continued for many years, in spite of the interdicts of thegovernment, and the fatal results exhibited in the courts of justice. Cattle and sheep stealing were carried to an astonishing extent: theowners, ignorant sometimes of the amount of their wealth, confided itssafety to men incapable of resisting ordinary temptation. The moreopulent estimated their annual loss at one-fifth of the increase; and inunfavorable situations, where many cotters were established, they foundthe preservation of their stock impossible, and relinquished the attemptin despair. [92] The brand was obliterated, often with great ingenuity:the I became H, C was turned into G, and P into B; the more daring, blotted out all brands, by a heated shovel. Stock yards were enclosedand hidden by the bush, where cattle were slaughtered, and sheep byscores were salted down. Ewes were driven into the interior until theirlambs were weaned, when they were returned to their owners. In supplyingthe commissariat, it was not unusual to drive a flock of sheep forinspection, which were again returned to the fold, and others from astolen stock passed under the certificate thus obtained; and the plunderof the royal herds, were slaughtered and sold to the crown. 

Such depredations were enormous: large gangs were in combination, andthe first session held in Van Diemen's Land, brought to light extensiverobberies, comprehending twelve hundred sheep. [93] These evils wereencouraged by difficulties in the administration of justice. For fiveyears, fifteen charges only were tried by the court of criminaljurisdiction in New South Wales: the prosecutor, the witnesses, and theprisoners were forwarded together. On one occasion, six were sent up fortrial: the skins of the stolen beasts were deposited in a cask, and theproof was deemed complete; but of the same cooperage, another wasprepared, an admirable imitation. This last was opened in court, but itwas found filled with the skins of seals; and, by the ingenioustransformation, the prosecution was satisfied. 

It is just to observe, that the absence of legal redress not onlyprompted, but extenuated these violations of law: crime retaliatedcrime: the lower settlers carried on a system of plunder; but theuncertain tenure of property weakened that moral principle which is itssurest defence. The cattle stealer was himself a loser by the man herobbed: a stray beast was branded without question; the owner, when hediscovered that his property was beyond his reach, except by theprosecution of the robber, adopted a shorter course. Reprisals thus losthalf their guilt: nor is it wonderful that such feelings, as bordererswere said once to cherish, prevailed among men who found excuses intheir position, and indemnified their past or possible losses by thefirst spoil which came in their way. 

But these combinations led to other crimes. The robbers had theiraccomplices and abettors: the theft complete, they grew suspicious ofeach other, and some who disappeared, were sacrificed by the jealousy oftheir companions. When engaged in these depredations, they usually set awatch: a cautious traveller avoided inquiry, and well authenticatedinstances proved how perilous, in those days of violence, was anexpression of curiosity or suspicion. 

To stop these plundering habits, the King's Commissioner Bigge advised aperiodical sitting of the court in Van Diemen's Land. In 1821, JudgeWylde visited this country, and for various crimes, twenty-five personswere condemned to death, of whom ten were executed. One hundred andsixteen persons were incarcerated prior to his arrival--a largeproportion, compared with the census (7, 372); but two years after, thenumber charged with similar offences proved that crime was not abated. Among those who suffered death was George Richardson: his caseillustrated the process by which such felonies were perpetuated. Formerly the confidential servant of Colonel Davey, he was employed byDr. Scott, and had charge of his flock--himself being an owner of stock. Having received an order to supply Doctor Spence a quantity of sheep, hedeliberately separated them from a neighbour's flock, and drove them totheir destination, with the coolness proper to an ordinary transaction. The proof of guilt was too clear to be affected by artifice, thoughcalculated to elude suspicion by its very deliberation. Nor is itdifficult, when examining the criminal records of those times, tosuppose, that the trepidation natural when violating the law, wasovercome by the indifference of habit. 

Few of the higher classes, it may be presumed, connived at thesenefarious transactions: one memorable instance, proved that no class isabsolutely safe in an atmosphere of guilt. A settler, connected with aScottish family of great respectability, thus forfeited his life. Itwas stated that his robberies were incessant, and that he leagued withbushrangers; to whom, perhaps constrained by fear, he gave notice ofdanger by signals. A secluded sheep-yard was discovered, and a largesheep brand, of a remarkable shape: at a distance, four hundred sheepwere found, bearing the mark newly made, which was contrived toobliterate the brand of Mr. Jones, the owner. The culprit had preparedthis flock, to transfer to another person, to whom a number were due. Itwas in vain that witnesses testified to his character and to therespectability of his house: the jury pronounced him guilty, and he wasexecuted. A friend, who accompanied him to the scaffold, heard him say, that that moment was the most happy of his life! It doubtless broughtdeliverance. He left behind an infant family, the last of whom was bornwhile the father was in prison, and an aged parent in Scotland; who, long after he was dead, indulged her maternal tenderness, by preparingclothing for his use, and hoping for tidings of his prosperity. His nameis suppressed, lest even now the record of his fate might meet the eyeof a mourner. 

Society, as it then existed, nourished every species of crime: tatteredpromissory notes, of small amount and doubtful parentage, flutteredabout the colony: dumps, struck out from dollars, were imitated by acoin prepared without requiring much mechanical ingenuity; and plate, stolen by bushrangers and burglars, was melted down and disposed of in asimilar form. 

Nothing was neglected: they burnt the implements of husbandry for theiron; they robbed the gibbet of the chains: they even wrenched the platefrom the coffin of an opulent merchant, and stripped him of hisshroud. [94]

In looking at the origin of the population, and the various inducementscontinually offered to the perpetration of wickedness, the totaldissolution of manners is no subject of surprise. It was, perhaps, but asmall aggravation, that prostitution and concubinage were held toovenial for remark: many of the officers of government made no secret oftheir relation to the women whom they adopted as mistresses, andsometimes respected as wives. Among the anomalies of the day, was therelease of such females from compulsory attendance on divine worship, onaccount of the official preference they enjoyed--a curious immunity froma penal obligation: to be taken, perhaps, as a sinister acknowledgment, that the government was not insensible to virtue--as the Russiancourtezan extinguishes the candle of ceremony, and veils her patronsaint. [95]

Sorell, on his accession to the government, attempted to reform the moreflagrant abuses by which he was surrounded: he was aided in his task byMr. Humphrey, a man superior, by education and habit, to many chargedwith similar duties. He established an exact register of the conviction, arrival, and distribution of the prisoners, and appointed times for themuster of such as were assigned. He imposed some restrictions on theirwandering habits, and required that those who employed them shouldanswer for their residence. It was the custom, however, to allow thegreater part to reside in lodgings provided by themselves; they thusspent their leisure time where they were exposed to perpetualtemptation, and nightly robberies attested their diligence. The tradersof Hobart Town, for several years, were compelled to sleep on theircounters, and watch their property with the most scrupulous care: aninquiry who had been pillaged, became the ordinary morning salutation. The thieves broke through the walls with oriental skill: a stormy nightafforded them a harvest. During a tempest of extraordinary severity, which deluged the streets and carried away fences, they contrived topillage to a great amount; a ladder was discovered at a window, constructed for the purpose, by which they ascended to the upperchamber, and thus proved that no elevation was safe. Nor did theyconfine their ravages to the towns; they entered the store of a settler, and stripped his dwelling of £400 worth of goods, which they conveyed byboat to Hobart Town. Many were living without any lawful means ofsubsistence, and as their numbers increased, fraud and robbery wereperpetrated in every house, and at every hour of the day. 

Such was the state of the colony at the close of Sorell'sadministration, who found that without the means of nightly restraint, all regulations of police were in vain. On resigning office, hepredicted the difficulties of his successor, and warned him that he mustexpect to contend with increasing crime. [96] To estimate the merit ofArthur's government, it is necessary to remember those evils--with whatdifficulty authority, long relaxed, is recovered--even by the mostskilful and vigorous hands. When a few years had elapsed, the securityof the colony was a subject of universal astonishment; and it wasboasted, that men slept with their doors unlocked, and their windowsunfastened, and often with property to a large amount strewed aroundtheir dwellings; notwithstanding, a dangerous temerity. By what meansthese results were, even partially attained, the reader will be curiousto know. 

FOOTNOTES:

[Footnote 92: Curr's account. ]

[Footnote 93:

_Session_ (Judge Wylde), 1821. +--------+--------------------+----------------------+| Cases. | Sheep in question. | Owner. |+--------+--------------------+----------------------+| 1 | 300 | William Watterson. || 2 | 100 | Ditto. || 3 | 250 | Daniel Stansfield. || 4 | 150 | Robert Gillet. || 5 | 200 | Samuel Clements. || 6 | 100 | Edward Lord. || 7 | 60 | Crown. |+--------+--------------------+----------------------+

Some of these robbers suffered death: others are still in the land ofthe living; and their names are suppressed, on the presumption of theirreform. --_Compiled from Gazettes. _]

[Footnote 94: Mr. Birch. ]

[Footnote 95: _Bigge's Report. _]

[Footnote 96: "I entered upon the government, at a moment which mypredecessor considered a most eventful one. Circumstances, connectedwith convict population, which it would not be prudent for me to dwellupon in this place, co-operated to render it probable, in the opinion ofColonel Sorell, that crime would rapidly increase. "--_George Arthur_, 1825. ]

SECTION VIII. 

It will be proper, however, first to retrace the penal history of thesesettlements, and to mark the incidents which moulded their form, andcontributed to their failure or success. The administration of the penallaws cannot be understood, except by a broad and continuous survey. Thedevelopments of one colony re-acted on the other: Van Diemen's Land, long the satellite of New South Wales, attended all its motions, andwith it prospered or suffered. From the fortunes of that colony, thehistory of Tasmania is inseparable. 

The evils described, were not of a recent origin; they may be tracedfrom the commencement of penal colonisation: the journals of the firstofficers exhibit all sorts of mischief, which only entered into newcombinations as times advanced, and property was diffused. Collins, whose account descended to the close of the century, records a perpetualstruggle with vice and crime. What could be expected of men who burnedtheir gaol at the risk of their lives, and the church to escapeattendance on worship?

The first expiree, James Rouse, who was established (1790) as a settler, was industrious and successful. Phillip, anxious to test the competenceof the land to sustain a cultivator, cleared two acres for this man, erected his hut, and supplied him with food. Fifteen months after, herelinquished his claim on the King's stores, and received thirty acresof land, in reward for his diligence. It thus became common to affordsimilar facilities to expiree convicts, [97] but generally in vain. 

The solicitude of Phillip was displayed in every form of kindness; butthe proneness of his subjects to intemperance, defeated all his efforts:he gave them stock; and had scarcely left the land, when his gifts weresold for rum. His successor was not more successful, when he tried thesame plan. Cargoes of American spirit produced the madness ofintoxication; and the freed settlers neglected their farms, oranticipated their produce to obtain the liquid destruction. Theirpassion for gaming was universal: they sometimes staked not only theirmoney and their goods, but even their clothing, and were seen to laborin the field, as free from clothing as the savages who surrounded them. 

In spite of the dread of famine, they consumed their time and substancein intemperance: sold their seed, lent to insure their harvest. In thedistribution of stores, robberies were daily committed; double rationswere issued; and Collins ingenuously confesses, that office convertedthe most trusty into thieves; and that peculations were forgiven, because a change of agency was useless. All in superior circumstances, unprotected by military vigilance, were robbed and robbed again. Missionaries, who fled from Tahiti, found their countrymen more savagethan strangers: one was wounded, and plundered of all his property; andanother, murdered with an axe, while writing a receipt for a payment, which his destroyer thus hoped to evade. The Governor, in an imploringtone, enumerated the robberies which every day occurred, and hoped thatthe constables, in whose presence they were committed, did not profit bysuch crimes! Those who obtained their freedom, were a source of infiniteannoyance: unable to depart from the country, they refused all kinds oflabor; and, joined with others equally worthless, astonished theofficers by the vigour and ingenuity of their spoliations. 

The account given by Collins, is a valuable delineation of society whenset free from moral influence, and proves how little simple coercion cancheck a general disposition to crime. So rare was reformation, that asingle instance is mentioned with triumph: among the few who redeemedthat settlement from utter dishonor, was George Barrington, celebratedfor his dexterity as a pickpocket, and for his pathos at the bar; whorobbed a prince with the grace of a courtier, and was the _beau ideal_of swindlers. He was distinguished in New South Wales for his integrityin the office of chief constable, and his diligence as a farmer. He diedregretted, in the year this dependency was colonised. [98]

Governor Hunter authorised the opening of a theatre at Sydney. Theprincipal actors were convicts, and in default of a chamberlain, theywere threatened, for a second offence, with the _penal_ settlement. Theprice of admission, one shilling, was paid in meal or rum, taken at thedoor! Many had performed the part of pickpocket in a London play-house, but at Sydney this was more difficult; yet they were not discouraged:they saw by a glance at the benches what houses were left unprotected, and proceeded to rob them. The motto of the actors was modest:--"Wecannot command success; but we will endeavour to deserve it. " Theirfirst play was _The Revenge_: the first prologue, characteristic both ofthe actors and the audience. The aptitude of one of these couplets, hastransferred it into a proverb; but it is worth seeing in its connexion, as a representation of the real sentiments with which violations of thelaw were remembered. [99]

PROLOGUE. 

 From distant climes, o'er wide-spread seas we come, Though not with much eclât, or beat of drum, True patriots we, for be it understood, We left our country, for our country's good; No private views disgraced our generous zeal, What urged our travels, was our country's weal. But, you inquire, what could our breast inflame, With this new passion for Theatric fame? He, who to midnight ladders is no stranger, You'll own will make an admirable Ranger. To seek Macheath we have not far to roam, And sure in Filch I shall be quite at home. As oft on Gadshill we have ta'en our stand, When 'twas so dark you could not see your hand, From durance vile our precious selves to keep, We often had recourse to th' flying leap; To a black face have sometimes ow'd escape, And Hounslow Heath has proved the worth of crape. But how, you ask, can we e'er hope to soar, Above these scenes, and rise to Tragic lore?

 Too oft, alas, we've forc'd th' unwilling tear, And petrified the heart with real fear. Macbeth, a harvest of applause will reap, For some of us, I fear, have murder'd sleep; His lady, too, with grace will sleep and talk, Our females have been us'd at night to walk. Sometimes, indeed, so various is our art, An actor may improve and mend his part: "Give me a horse, " bawls Richard, like a drone, We'll find a man would help himself to one. Grant us your favor, put us to the test, To gain your smiles we'll do our very best; And, without dread of future Turnkey Lockits, Thus, in an honest way, still pick your pockets. [100]

The connection between ardent spirits and the early disorders of ourpenal colonies is patent at every stage of their progress. Then thehabits of the navy were intemperate; rum was considered the great parentof valor. The founders of our colonies never entertained a suspicionthat society could exist without its aid. Thus the first fleet, in theirprogress, touched at a port to take in a large supply, which proved ofthe most deleterious kind:[101] every vessel was deeply laden with thesame commodity. The limitation of wholesale dealing to the officers, wasnot to restrain its consumption, but to monopolise its profits. Theadvantage of its distribution, as an incitement to labor, atoned for themoral ravages it spread: for this reward alone, would the prisonersyield their full strength; and when the taste, inflamed by indulgence, drove them to crime, or laid them in the dust, their ruin suggested noreflection beyond the general evils of intemperance. Had the light ofscience illuminated the imperial authorities, they perhaps had providedsome check on this grand incentive to crime. 

The deposition of Bligh was occasioned by this fatal appetite: whetherfrom sullenness, or conviction, he discouraged the vendors of rum, andattempted to obstruct their living on the vices of the prisoners. Thelanding of a still, and its seizure, was followed by a series ofaltercations, which led to the military rebellion, and terminated hisgovernment. This event roused the public attention for a moment, to thestate of the colony. In 1811-12 a committee of the House of Commons wasappointed "to enquire into the manner in which the sentence oftransportation had been executed, and the effects produced by that modeof punishment. " The result was remarkable: the committee advised thatmore constitutional tribunals should be established, and distillationallowed. [102] The ministers of the day feebly vindicated the royalcommission violated in the deposition of Bligh; and having once more setin motion the machine of legal government by the appointment ofMacquarie, fell back into long slumber. Thenceforth, and for many years, rum was a great agent in the working of government, and the source ofprivate opulence. The monopoly escaped official hands, but the expireessucceeded to the profitable calling. The large fortunes accumulated bymany, were rarely derived from any other trade. Their prosperity wastraced with startling uniformity: they sold their spirits to thesettlers for produce, which they vended at the royal stores: theyindulged them with credit, until hopelessly involved, when mortgageswere executed, and foreclosed with a rapidity and precision which leavesmodern conveyancing in the shade. [103] Individual powers of consumptionwere incredibly great: the expiree farmer, and his not more intemperateprisoner servant, broached the vessel, poured out its contents intobuckets, and drank until they were insensible, or until, roused tofrantic vigor, they were swift to shed blood. Such scenes werecommon. [104]

The specious advantage to the revenue, exhibited by our colonialstatistics, protected a vice so useful. The influence of this interestcannot be overstated: to put down spirit drinking would, in equalproportion, disturb colonial finance. The demands of the public servicewere always in advance of its means, and no colonial administration wasfound sufficiently enlightened or courageous to add the prevention ofthis poisonous indulgence to the other consequences of banishment. 

Macquarie revived the policy of the Stuarts, in regulating this trade:to Messrs. Wentworth, Riley, and Blaxland, he granted (1810) theexclusive privilege of importation, and by the duty they paid (7s. Pergallon), erected a hospital. They proved, in defiance of economists, howmonopoly can, sometimes, enlarge the supply, and thus increase thedemand. They dispatched their agents to the Mauritius, India, and theCape, and bought at 2s. 6d. Per gallon; and arrack and rum deluged thecolony. The success of their enterprise was great: in less than twoyears they obtained sufficient to raise the edifice, which could notwant occupants, and cost more than £20, 000. 

The effects of this measure were flagrant: a letter, addressed byMarsden, the chaplain, to Macquarie, depicted the wretched condition ofthe prisoners. The scenes of dissipation which passed before himdeprived him of repose. Freed women, living at Parramatta, unprovided with public shelter, ran headlong into vice, and dropped allaround him, slain by rum and dissipation. He stood aghast and powerlessbefore the devastation: at times he observed, "I envy the situation ofthe most menial servant, who is free from this solemn and sacredresponsibility. "[105] The reply of Macquarie was witty rather thanrelevant. He told Lord Sidmouth, in effect, that the sorrows of Marsdenwere too deep for discovery: noted for the cheerfulness, and even gaietyof his temper, his movements were too rapid for grief; and his days, divided between the cares of farming, grazing, and trade--to say nothingof his clerical occupation--left him no time for sorrow. [106] The evilshe described are, however, proved by uniform testimony: they must existwhere dealing in spirits is the sure path to wealth, and wealth thetitle to social distinction. 

In the _Rocks_, drunkenness and debauchery were constant andundisguised: persons of respectable appearance, in the day time, wereliable to mal-treatment; but those who, in the night, entered the"fortress of iniquity, " were usually stripped and plundered. Broils andboxing matches were of perpetual occurrence; the public-houses were"fences;" and degraded women, in large numbers, crowded these dens ofthieves. [107]

It is not necessary to give a chronological history of the spirituousepoch. The reign of intemperance commenced with the first proclamation:it received all the protection of law, and the favour of government: itwas embodied in our penal administration. Whether it was possible tocheck its mischief, some may doubt; but that it has clenched thepopulation fast; that it has formed our gangs--crowded our prisons; thatit has covered our scaffolds, and filled ten thousand graves--is certainas death!

The correspondence maintained between the convicts and their friends, informed them of their prosperity. The alluring picture, drawn by thosewhose bondage was past, exhibited a social state, precisely suited tothe taste of their kindred and acquaintance. The sensual and dissolutewere tempted by the riotous jollity of the "Rocks;" those fond ofequivocal commerce with the profits of trade; and others were cheered bythe assurance that a friend in bonds would find a nominal master in arelative or former friend, when the formalities of inspection wereover. [108] Such as brought out spoil, were besieged with offers ofinvestment, and found themselves in a market where money was thepassport to favor and indulgence; others, less fortunate, were pillagedby those who crowded them with welcomes, [109] or drawn into bargainswhich proved that no cozening art was lost. 

To illustrate the occasional good fortune of prisoners, one Hazard, maybe worth remembrance: he had been before transported; in 1815, hearrived under a second sentence, for life. While on the voyage out, hepurchased a quantity of tobacco: he received, on landing, aticket-of-leave; immediately married the daughter of an innkeeper, andobtained a license, in the name of his wife, to the same calling: he waspatronised by the most respectable settlers, and enjoyed prosperityuntil his death, only five years after his arrival. 

In this colony, the acting secretary of the Governor secured his ticketat his landing, and was long distinguished for the extent of hisinfluence, and the elegance of his dwelling. [110] It may be presumedthat, however explained on the spot, these examples were not lost on therepublic of thieves; and many were disposed to try that fortune whichwas so often propitious. 

The ordinary of Newgate, Mr. Cotton, a well-known name, in his evidencebefore the Commons in 1818, has left nothing to conjecture. Theprisoners of his day "looked on transportation as a party of pleasure:"they departed from the prison with huzzas, and bade glad adieu to theirless happy companions and keepers, exclaiming, "what a glorious kangaroohunt we will have at the Bay. "[111]

 "Stabant orantes primi transmittere cursum Tendebantque manus ripæ ulterioris amore. "

 VIRGIL. 

To distinguish bravado from triumph, is sometimes difficult; but theremust have been little to appall, where there was so much to hope: nordid they perceive that, though many were fortunate, not a few, at thebrightest era, groaned in bondage; that degradation and suffering, sometimes, reached their utmost limits, at which death itself stops thehand of vengeance. 

The opinions that prevailed among the prisoners, in reference to theintentions of the British government, were adopted by Macquarie himself;he held, like them, that the colony was established for the benefit ofpersons convicted, and that in forming a system of political government, their social welfare was the grand design to pursue. The notion was notwithout support. In the nominal list of the first fleet, not more thanfifty in all were banished for terms exceeding seven years. [112] Tosuppose that these were perpetually excluded from the immunities ofBritish subjects, would be to attribute to expatriation a forfeiturebeyond the operation of English law. The opinion was further fortifiedby the distribution of land, under regulations which were intended toencourage their permanent settlement, and limited only to such as, "bytheir good conduct and disposition to industry, should be deserving offavor, and receive emancipation and discharge from theirservitude. "[113] This opinion was still further sustained by thecomparative neglect of emigration, and the selection of officers, forsituations of authority and trust, from the ranks of the prisoners. Acomparison of property acquired by the various classes, in 1820, explains many anomalies[114] in their social aspect, and vindicates thepolicy of Macquarie himself. It is shown, that the emancipists and theirchildren were more than five times in excess of the free; and that theirproperty in land, trade, and commerce, exceeded by more than one-halfthe possessions of the voluntary settlers. 

To erect the barriers of caste around so small a section, and to excludeemancipists from the common intercourse of social life, was a task noGovernor could then accomplish, without danger. The changes whichfollowed Macquarie's administration, especially the growth of a freepopulation, enabled his successors to effect what, in 1817 to 1820, hadbeen attempted in vain. The opposition encountered by Macquarie, andwhich he resented with the ardour of his character, [115] enabled hisenemies to represent him as the patron of criminals. He was said to lookupon their offences in the light of misfortunes, which they were torepair in the country of their exile, rather than to atone by theseverities of toil and privation;[116] and that they were taught to lookupon no title to property, as so just as that which had been derived bypassing from crime to conviction; from thence to servitude, emancipation, and grant. [117]

The difference of opinion and feeling between the Governor and military, led to the combination of emancipists, who did not veil their formercondition, but ennobled it by raising it to a political interest; whoadopted a designation, and formed a system of morality, to which it isuseless to look for a parallel. They returned with bitterness thereproaches of the free, and insisted on the benefit of the proverb, which ascribes more virtue to the vigor of reformation, than theconstancy of obedience. [118] Their advocates would ask, with exultation, whether any emigrants were found whose life would bear a scrutiny?Whether greater crimes are not tolerated by the refinements of vice thanthose which are commonly visited with the vengeance of the law? or, exhibiting the doctrines of christianity in their aspect to thepenitent, they thundered forth denunciations against the proud and theself-righteous! The champion of this system, Mr. W. C. Wentworth, turnedthe artillery of his wrath against the exclusionists: "and shall not, "he exclaimed, in the ardour of his youth, "shall not the soleefficacious remedy be administered (the restoration of the civil rights, capacity to become magistrates and legislators), because a set of_interlopers_, in nowise connected with the purposes for which thiscolony was founded, wish to monopolise all the respectable offices ofthe government, all the functions of emolument, dignity, and power, themselves. " "How can they expect pardon of God, if they withholdoblivion from their repentant fellow creatures. " "Retrospection shouldnot be pushed beyond the period of arrival, but then subsequent goodbehaviour should be subject to the severest tests. The re-convictedoffender, branded with the _lasting_ impressions of infamy, should berendered ever after incapable. "[119]

Such was the recognised code of the emancipist: it were, indeed, easy tosee that the several convictions of some small rogue might not, in theiraggregation, equal the crime of him who sinks a ship or burns a house, or the guilt of an atrocious offence, which escapes the last penalty ofpublic vengeance, by some legal error; but to obliterate the firststigma of those who constituted the great body of a population, andwhose self-respect was their chief chance of virtue, was notunreasonable. 

The evils which rose from this system of oblivion, are to be traced tothe indiscretion which formed a community of criminal origin. Theeffects produced by their equipages, luxury, and licentiousness, on theBritish population, when set forth in the language of romance, were notto be charged on the local government. It is in the nature of commerceto collect wealth: the traders were nearly all expirees; they becamerich, not because they were transported, but because some wereindustrious, others saving, and others fraudulent; and because they werein the midst of a system of expenditure, which made the Treasury ofEngland their bank. 

The acquisitions of men, who had been prisoners, with great absurdityand forgetfulness, were attributed to the laxity of the local governors. Even now, many who are dextrous, shrewd, and persevering, acquireconsiderable properties: their prosperity awakens no alarm, because theyare lost amidst a dense population, and are surrounded by emigrants, whoby similar vices or virtues are not less opulent, but far more numerous. 

The first sound that fell on the ear of the prisoner, when he stoodbefore Governor Macquarie, tended to animate his confidence: havingenquired of his treatment through the voyage, he then informed him thatthe past was left to oblivion, and that the future would determine hiscondition, [120] This was often no vain promise: the sentiments heexpressed were, more or less, recognised by the preceding Governors. TheCommons, in 1812, gave his policy their sanction, and Earl Bathurst, though with more reserve, favored the same opinion. Macquarie neverdisguised this system of mercy. [121] When transportation onlycontemplated the establishment of a colony, this system of oblivion wasuseful; but the passage from the bar of justice to liberty, wassometimes not longer than the passage from England: and those who roseto wealth, by their character and career, gave to public retribution theaspect of grimace. 

On the appointment (1814) of H----, as superintendent of convicts, anoffice then of greater _real_ power than any other in the penaldepartment of the British empire, Macquarie, says Bigge, gave anenumeration of his merits; and continued frequently to publish in the_Gazette_ eulogies on his character. This is slily sketched by theCommissioner himself, and with more precision by Dr. Reid, who was onthe spot at the time. Mr. H---- was a convict, and was placed in officeat Sydney, but breaking into the King's stores, either in person or bydeputy, and taking away a bale of slops, he was re-transported toNorfolk Island, where he won the government notice by his diligence as adealer in pork, and was recommended by the commandant to Macquarie. Thisman exercised his functions in the Turkish style: he rigorouslydepressed all unseasonable attempts at virtue; but nothing wasimpossible to those who were able and willing to pay, for whom he wasaccustomed to act as banker. His manners were coarse to loathsomeness, and he addressed the prisoners in language which outstripped theirown;--"eclipsed them in wickedness, and in revolting filthiness. " Norwas his domestic position more respectable: his wife was one of two, toobad for endurance, who were forced from the colony, and sent to Englandfor reformation. [122] Such was the man entrusted with more thanmagisterial power. 

While the female prisoners were landed, his clerks became brokersfor masters, friends, and husbands. When ships arrived, boatscrowded round them, and the visitors chose, among the female prisoners, a wife, or such other relative as might answer to their priorengagements. [123] Having _sworn_ to these ties of kin, thesuperintendent assigned them according to the plan of the contractingparties, who, within twenty-four hours, had been total strangers. We mayimagine the _eclât_ with which so clever a device would be appeared tothe correspondents of the fortunate transport. 

Those, whose appearance or dullness excluded them from these resources, were taken to the factory. On their arrival, "according to custom, " theywere met by a body of men, who, having satisfied the constables, spreadbefore these women the spirits and provisions provided for the feast ofwelcome: what followed need not be told. The connivance of thesuperintendent, with the most of these excesses, might be expected fromhis character; and although he displayed considerable tact in subjectingthe prisoners to his control, his appointment and prerogatives almostjustified, and they fully accounted for, the rancour with which hispatron was opposed and condemned. 

Thus Macquarie did not exercise the caution requisite to preserve hisgenerous designs from parliamentary censure: imprudent efforts to giveeffect to his conviction, involved him in a contest which hastened hisrecall, and it is said, shortened his life. [124] He raised to the bench, and invited to his table, several emancipists of wealth, and made theirsocial reception the condition of his favor. When elevating to offices, he sometimes violated his own rule of forgetting the past, by basing hiseulogy on the reformation of the person he delighted to honor. Thedetails of their character, furnished by the indignant or malicious, cast an air of ridicule on their public reception. The subalterns of thearmy refused to join their superior officers in entertainments, at whichemancipists were guests. The resentment of Macquarie aggravated thequarrel, until the differences divided the colony into factions, andfinally originated the emancipist party; and by provoking observation, tended to increase the severity which fell on their successors. 

In those times of despotism, many were transported for politicaloffences, which in Great Britain leave no moral stigma, and whenforgiven by the crown, close no social circle. [125]

The prosperity of New South Wales--founded on the governmentexpenditure, so vast as to excite the most serious complaints, but sosubtle as to elude imperial censure--was but slightly participated byVan Diemen's Land. Its later occupation, the low character of the firstsettlers, and the subordinate station of its ruler, afforded no room forfashion. Many emancipists in Sydney had become wealthy by the vices ofthe less cunning and thrifty, and created a social state, without aprecedent. They could command the most expensive luxuries; and, comparedwith them, the highest officers of the government were poor. They lookedfor the honors of opulence, and did not perceive that an emancipist mustpass through oblivion to honor; and that, in this case, to distinguishis to stigmatise. 

It was observed by Mr. Bigge, that when Macquarie made some emancipistsmagistrates, and professed by that dignity to restore them to thestation they had lost, he forgot that they were elevated to a rank theyhad never filled. It was equally true, that a large number of freecolonists, whose pretensions in early life were equally limited, rose byopulence to a superior station, and higher pretensions: to deny theusual appendages of their position, would be virtually to degrade them. Whether just or not, the formal exclusion of emancipists was asupplement to the penalty of the law, and, as such, must have beentaken. It is not the actual exaltation, but equal eligibility of Britishsubjects to the highest station, which constitutes that equality sograteful to Englishmen: the son of a sweep may keep the conscience of aking. 

There were freed men, who were even detestable for their wealth; others, whose offences would not have excluded them from any society. Such wasthat of Mr. Redfern, transported when a boy, for dropping a word to themutineers of the Nore. Society will ever make its exceptions, founded onthe nature of the offence, the proofs of reformation, or the generalcharacter; but Governor Macquarie resolved to wash out the stain byauthority, and to treat those as enemies who disputed his policy, orrefused to share in its promotion. 

The determination of the free to make no distinction between those whomerited the oblivion of their offences, and emancipists atrocious intheir history and character, rendered the hostility of caste moreinveterate. 

The measures of Macquarie were followed by years of faction: a press, representing emancipist interests and emancipist principles, and makingthe Governor the instrument or the object of the most violent hatred;still, on their side, the emigrants were often positive, virulent, andcontemptuous. 

From this, Van Diemen's Land was free: there were few whose wealth oreducation could pretend to rank. One gentleman so situated, Mr. Gatehouse, by his respectability and intelligence, won the respect ofall classes: he was admitted to the table of the Governor, and was onlydistinguished by the colonists for his enterprise and probity. When anoffice of trust was in their gift, they chose him to share it with thechief merchants of the island; and thus pronounced the judgment whichgood men will adopt, against both an undiscriminating ban and anunlimited admission. 

The Commissioner, Bigge, joined with the anti-emancipists, in almostevery prejudice or opinion. Great as were the services he rendered byhis keen observation and courageous delineation of colonial society, inthis, and some other instances, he overlooked those facts of itshistory, which gave a disastrous prominence and authority to theemancipist settlers; and enabled them to claim consideration whichoffended the free men, not always superior in substantial merit. 

But disabilities, far more serious and unexpected, united theemancipists, and obtained the sympathy of many who could not be chargedwith indifference to crime. The remission of punishment was in thediscretion of the Governor-in-chief: the 30 Geo. Iii, authorised thegranting of pardons, and the commission of the Governor, which recitedthis provision, was supposed to convey the power. In 1811, Macquariedeclared that a long course of good conduct would be an essentialpreliminary; but the rule was more easily stated than enforced: and, in1813, one day in the year was fixed for pardons. It was declared thatconditional pardons could only be granted when ten years, or halfsentence, had expired; or, for absolute pardons, until fifteen years, orthree-fourths had been fulfilled. 

Fond of dispensing mercy, he appointed a day, when those who thoughtthemselves entitled crowded his presence. The petitions, drawn up byletter-writers, dwelt on every topic calculated to move to compliance;among which were profuse compliments to the Governor's benevolence andhumanity. The concourse of suppliants was often very great--manyventuring to ask, who did not hope to obtain; and whose sole claim tomercy, was the bad terms on which they lived with the law. The crowdpressed on with their (700) petitions, which the Governor read in theirpresence, and by one letter of the alphabet gave liberty to theimpatient captives, or sent them back to merit freedom, as freedom wasthen merited. The _Court of Clemency_, thronged by suitors, would haveafforded a fine subject to the artist--a scene unique in the history ofman. 

The dispensation of pardons was not regulated by any uniform principles. The interest of superintendents was given, as the reward of task-workperformed for the crown; more successful, by services rendered tothemselves. Such was a common condition; but many are mentioned, whoobtained their pardons on easier terms than personal labor. The loan ofa horse and cart, driven by his assigned servants, procured theliberation of the lender; others hired vehicles to convey hisExcellency's baggage during his progresses, and thus payed in money theprice of freedom. The bargain was public, and questions of nationalpolicy never entered the minds of him who granted, or those procuringthe royal mercy. The grant of pardons, thus formed an importantdepartment of Macquarie's government. 

A decision of the Court of King's Bench, Bullock _v. _ Dodds, where theplaintiff was an emancipist, seemed to peril their freedom and property. The defendant, when sued in England on a bill, pleaded the attaint ofthe plaintiff, who had received the pardon of Macquarie. The validity ofthese remissions, which affected great numbers, was thus brought to thetest. The Chief Justice, Abbott, declared that an attainted person was, in law, as one _civiliter mortuus_: he might _acquire_, not because hewas entitled _to hold_ any possession, but because a _donor_ could notmake _his own act_ void, and reclaim his _own gift_. Thus, a persongiving or conveying property, could not _recall_ it, but the convictattaint could not _hold_ it; and it passed to the hands of the crown, inwhom the property of the convict vested. This being the law, anyticket-of-leave holder, or any person whatever standing on the pardon ofthe Governor, was liable to be deprived by the crown, or obstructed atany moment in attempting to recover by suit at law. 

The practice of the Sydney Supreme Court had long virtually rejectedsuch distinctions. The mixed considerations of convenience and equityinduced the judges to allow the witnesses and plaintiffs the sameprivilege, whether under attainder or not. Judge Field[126] declared, that while the crown did not interfere, the court would not touch theproperty of the convict: nothing but an attested copy of conviction, would be admitted as evidence of conviction. Nor would the proof oftransportation, of itself, as the law then stood, prove the incompetenceof a witness. His time might have expired; his expatriation might havebeen the condition of his pardon, or his offence might have been amisdemeanour, and not involve the corruption of blood;[127] and, exceptfor perjury or subornation of perjury, the King's pardon might restorehis competency to give evidence, or hold property. On these grounds thecourts of New South Wales were enabled to evade the plea of attainder inbar of a just action. 

But the decision of the King's Bench discovered a serious omission inthe forms of pardon issued by Macquarie, and further enquiry even threwdoubt on his power to grant them at all. The Act of Parliament empoweredthe crown to delegate the _authority to remit_ a sentence oftransportation, to the Governor of New South Wales; but the commissionof Macquarie said nothing of this power, except the criminals werecolonially convicted, when he could grant reprieves and pardons. His_instructions_ authorised the pardons to British offenders, and thoseinstructions were warranted by _parliamentary enactment_; but the royalcommission gave _no such power_: and thus all his pardons were legallyvoid. 

Another essential condition was neglected: to give effect to the pardonof the Governor, it was required that he should transmit to theSecretary of State the names of the persons whose sentences he remitted, to secure their insertion in the next list of general pardons. Thiscourse had never been taken: no list of remissions had been furnished toDowning-street. 

Among the extraordinary omissions of the government at home, was in manyinstances the place of trial, and even the sentence of the transports;to save the labour of penmanship, "ditto, " was sometimes the sentencefound under another name, in the line of which 7, or 14, was written;not at full length, but in numerals. Some "indents" exhibited erasures:in one, a sentence of seven years had been converted to "life. " Morestrange than all, some were sent without even their names, and otherswithout any sort of information of their crime or sentence; and theauthorities felt justified in gaining by artifice, from the unsuspectingprisoners themselves, what the ministers had neglected to furnish. 

An Irishman, who could give no information, was suited to a sentence bya process of analogy: he was set down, in compliment to his comrade, for"life. "[128] The regular transmission of this kind of information wasneglected, chiefly, by the Irish executive; ever slow to perceive theobligation of reason and justice. The longevity of abuses is among themost instructive lessons of history. The first fleet left their listswith the owners of the transports: soon after their arrival, severalprisoners declared their sentence was completed; this, the governmentwas unable to affirm or deny, and therefore did nothing; but one of theclaimants, having expressed his discontent in a manner disrespectful tothe Lieutenant-Governor, received 600 lashes, and six months inirons![129] Such atrocious neglect of the first principles of equity, isa sad set-off against the license of indiscriminate pardons. The Romanjudge was a far better casuist: "For it seemeth to me unreasonable, tosend a prisoner, and not withal to signify the crimes laid againsthim. "[130]

A quarrel between Mr. Justice Field and Mr. Eagar, an emancipistattorney, displayed more forcibly the effect of the decision of theEnglish Chief Justice. Judge Field presided at a session of magistratesat Parramatta, when Eagar attempted to act as counsel: this wasprevented by the court; and the judge, as chairman, expressed himself, in reference to Eagar, in terms of severe disapprobation and contempt, stigmatising him as a common _barrator_, or mover of quarrels, whom theGovernor might justly prosecute for sedition, or banish from the colony. Eagar, not daunted by the philippic of the judge, resolved to sue him ina secondary court for slander, and to recover back fees paid in theSupreme Court, and which he alleged the judge had levied illegally; butJudge Field ordered his solicitor to file an affidavit of his beliefthat Eagar was under attainder, and prayed for time to obtain an officecopy of his conviction: this course was allowed, and the actiondefeated. 

Not long after, Eagar attempted to recover certain penalties imposed bythe Act of Charles II. On foreign merchants trading in the Britishplantations: the penalties were enormous, and the law was obsolete. Theparticular object of Eagar was, to suppress the competition in the saleof tea, which the superior trading connection of Messrs. L. Mestre andCo. Enabled them to offer. The French merchant very fairly pleaded theattaint of the plaintiff, and Judge Field, in giving judgment, insistedon the obvious injustice of the suit; that men, whose trading waspermissive--themselves the creatures of indulgence--and who, byconnivance, were allowed to become wealthy and prosperous--shouldendeavour to rouse forgotten and restrictive statutes, to put downuseful commerce, and abuse privileges conceded by the clemency of thecourt; to force the court to become the instrument of oppression: hetherefore allowed the plea of the merchants to bar the action of theplaintiff. 

All this, on the face of it, was just; but the emancipists saw that itgave to the judge a discretion which laid them helpless at his mercy:the same plea might be offered, to cover a fraudulent debtor, or deprivea large majority of traders of legal protection. Nor was it a competentanswer, that the policy of the colony had been of an oppositedescription: to stand on suffrage, was to stand in peril. 

Prompted by this feeling, the emancipists formed themselves intocommittees at all the settlements, and obtained the countenance of theGovernor to a plan for moving the British legislature, to correct theanomalies of the law. At a public meeting, Mr. Redfern presiding, theadministration of Governor Macquarie was the subject of their glowingeulogy. They predicted, that his name would be immortalised by thegratitude of their descendants, who would remember his policy withveneration. Against this meeting the judges protested, and professed toforesee great peril to the dignity of their tribunals, and to the publicsafety; but the calm and guarded proceedings of the emancipists avoidedthe scandal, and gained their cause some support. The indignation of thejudges was unreasonable: in the administration of justice they hadusually protected the equitable rights of the emancipists; but it was noreason for astonishment, that a large trading interest felt uneasy inholding by indulgence privileges of so great importance, and wereanxious to obtain, by a declaratory statute, the remedy of theirgrievances. Mr. Eagar was nominated secretary to their body, andinstructed to obtain parliamentary support: in this he was successful. 

In the discussions of the Commons, the discontent of the emancipists wascondemned by the tories, and vindicated by the whigs. Peel chargedMacquarie with culpable neglect, in omitting to forward the lists; buthe observed, no general pardon had been issued for fifty years: what itmeant, was unknown! The Act required the Governor to send home thenames, and the Secretary to insert them in a general pardon; but hecould not tell in what manner to perform this duty. This was, he said, of no practical moment: an individual might sue out a pardon, under thegreat seal, without cost. He strongly opposed vesting by law in theGovernor, a power to grant absolute pardons--an interference with theprerogative royal, and dangerous to public justice. To sustain thisopinion, he instanced the case of a man who had been transported forforging a title to an estate, and who, under such a pardon, had returnedto Scotland to pursue his claim. 

The zeal of Eagar in the cause of the emancipists, provoked theanimadversion of ministers: they hinted that he was liable to be treatedas a felon at large, and was indebted to the lenity of the executive forhis safety; but Sir James Mackintosh, who gave respectability to thecause he espoused, vindicated the claims of the emancipist with greatwarmth, and excused the earnestness with which the confirmation of histitle to liberty had been sought. That great and good man displayed, inevery debate, the generosity of his temper: always the enemy ofdespotism, every form of oppression called him into action, and theemancipists were largely indebted to his eloquence. After long delay, this agitating question was settled, but with a reservation of seriousmoment. The new law[131] confirmed all the pardons granted in New SouthWales, with the rights they included; rendering them of full effect whenthey should be ratified by the crown. It further provided that no futurepardon should be held valid until allowed by the Secretary of State, andthen only within the colony of New South Wales and its dependencies--aserious drawback from the attractions of the boon, as understood before;but which was no barrier to the further extension of the royal clemency. 

The opponents of Macquarie argued, that the profusion of mercy had notbeen followed by reformation: the emancipists, they alleged, wereunchanged in principle, and never abandoned their habits of crime. Thisview was sustained by Mr. Wentworth's representations, which wereintended to subserve another end. He attempted to prove that financialoppression had driven back the expiree on his former course, which theanti-emancipists maintained he had never forsaken. [132] It was, however, the universal opinion, that atrocious crimes were diminished, andmisdemeanours increased. 

The penal statistics were swollen by the extensive jurisdiction ofpolice: by the cognizance of acts which, in other countries, are left toopinion. The distribution of public money, annually increasing towards aquarter of a million, placed within the reach of all the pleasures theywere accustomed to obtain, without the risks of crime. A closerinspection does not, however, exalt our opinion of their moral worth; of4, 376 emancipists, reported by the chaplains, 369 were tolerable, but296 only were respectable. [133] Nor was the accusation without force, that the proof of reform, admitted by Macquarie, was the possession ofmoney; that to thrive, by whatever means, within the letter of thestatute, was to honor the law, and to deserve well of the crown. 

The administration of Macquarie was attacked with great vehemence, and every detail of his scheme called in question. The Britishgovernment never had a system: the ministers treated every difficultyas a thing apart from all others; and thus to arrest one form ofmischief, they released another. They directed the establishment ofseparate settlements, and thus occasioned the vast expenses of theircontrol. They then approved the concentrated labor of Macquarie, andwhen its cost became severe, advocated dispersion. Every parliamentarydiscussion terminated in the abandonment of some principle, or theestablishment of some novelty. Always affected by the passing aspect oftransportation, the people of Great Britain never acquire a connectedview of the causes which alter its results; and have thus condemned orapplauded the local officers, for events casual or inevitable. 

To diminish the pressure of the prisoners on the British treasury, Macquarie granted tickets-of-leave: the holders, without employment andwithout capital, became robbers. Then he turned his thoughts to publicworks of permanent utility, and requiring continued labor: theseprojects gradually absorbed his attention, and perhaps perverted hisjudgment. Inspired by an able architect, whom the chances of publicretribution had thrown in his way, his erections greatly surpassed thesimple constructions of his predecessors. The settlement assumed theaspect of a large building establishment, such as were seen in theancient world, when captives were subject to task-masters, and generalswere chief masons. The more skilful the mechanic, the greater his valueto the works, and the smaller his chance of liberty: yet, to reconcilehim to his lot, he was mostly permitted to choose his own abode, and wasenabled, by his surplus time, to obtain all the comforts and luxuries ofthe colony. But the expenditure, which added to the opulence of thesettlers, enabled them to build also: they looked with envy on thegovernment which detained so large a proportion of the mechanical power:they forgot that the unproductive employment of large numbers createdthe demand for their crops, without which no dollar had been theirs tospend. Their outcries rung in the ears of the Commissioner: he blamedthe improvidence of the Governor, who had rejected their applications, and threw some ridicule on his architectural ambition. The Commissioneronly saw a gaol, but Macquarie believed, that when he erected an edificehe was forming a model; and that in aiming at symmetry and refinement, he was fixing the taste of a people. 

The difficulty of reconciling adverse elements in penal colonisation, has been ever visible. The modern principles of colonisation demandconcentration: the establishment of so many branch settlements wasconsidered, from the beginning, a great economical error; and by thoseunaware of its justification, was the subject of strong and pointedcondemnation. No sooner, it was observed, had the settlers landed theirboxes, than they started a division for Norfolk Island; and others, inrapid succession, broke off into fragmentary colonies. The same bridges, schools, and courts, would be sufficient for ten thousand united people, but must be multiplied with the separate settlements. It was urged thatthe concentration of labor would decrease the expense of itssupervision, and extend the resources of the community, by varying itsindustry. Such were the doctrines of political writers, [134] but whenthey were adopted they were found to produce unforeseen practicalresults. 

The dispersion of the first era was necessary to safety: in the time ofMacquarie the public was in no apprehension of rebellion or famine, andthus prisoners could be combined; but the aggregation of bad men willalways exhibit an appalling and disgusting aspect: and the excesses, sufferings, and debasement connected with the public works, thepeculation of the officers and the indolence of the men, brought againin view the evils of associated labor; and reinforced the arguments fordispersion. The men, when together, became dealers, and indulged in allthe vices of cities; scattered, they became savage, and filled thecolonies with crimes. 

The secondary settlements have been often the theatres of great iniquityand oppression, and the commandants have dared injustice, which nosupreme authority would venture: to these meaner, and sometimescontemptible agents, the prisoners must be subjected, on the principleof dispersion. Such practical difficulties start up at every instant, and thus expose the policy of the government to perpetual oscillation. An instance, of later date, will demonstrate the danger of minutesub-divisions, which exclude a public press and a public opinion. Acommandant resolved the seduction of the daughter of a prisoner: hecrept into her father's house, and offered violence. The father wrote tothe Governor (Brisbane); his letter passing, of course, through theoffice of the commandant; who read the complaint, and ordered the agedparent to the triangles. The doctor, knowing the nature of the offence, refused his sanction, on a plea of health. The tyrant still insisted;but the obstinate humanity of the surgeon prevailed. What then? Thefather was sent from the station, and, after a while, the daughter wasthrown on Sydney, a prostitute. This officer had an accomplished wife:she detected improper company in her room, and her exasperated husbandbroke her arm to repress her outcries! It is to such hands that theprisoner has been too often entrusted: to men, only known for theirvices--broken down by debt and dissipation--who have taken refuge, withthe wrecks of their fortune and reputation, in a military command. 

The obligation of this history to the Reports of Mr. Bigge, renders itproper to explain the origin, nature, and operation of his commission. The representations of several colonists, that the administration ofMacquarie was subversive of public justice and favorable to crime; thathis expenditure was lavish, and his projects ridiculous, had reached thehouse of parliament. To these charges the Rev. Samuel Marsden, chaplainand magistrate, added the full weight of his authority. This person, from his long residence, had assumed a prominent place among themagistrates. By his connection with two great societies for thepropagation of Christianity (the Church, and the London), he commandedlarge influence in the religious world. Nothing can be more oppositethan the estimates of his character, given by the partisans of theemancipists, and those furnished by his ecclesiastical associates. Soured by the vices rampant around him, and perhaps deteriorated by theadministration of justice, when it was hard to distinguish themagistrate from the executioner, he does not always appear to havemerited the unmeasured eulogies of his friends. [135] He was, however, celebrated for his attention to the islands of the Pacific, whosewelfare he promoted with exemplary diligence: his house was the home ofthe missionaries who touched at Port Jackson; whose letters spreadthrough Europe the reputation of his benevolence. In reference to hisultimate intentions, their apprehension of his character was probablyjust; but the magisterial office is rarely compatible with the duties ofan ecclesiastic--least of all, when punishments were discretionary, andinflicted on the spot. The servant, charged with a misdemeanour, heflogged; who then took to the bush, and re-appearing, charged with acapital crime, was hanged; and the magisterial divine attended him onthe scaffold. This was not peculiar; most clergymen were magistrates. But Marsden was warm and sensitive--perhaps, resentful. The punishmentshe inflicted were distinguished for their severity: his opposition tovice, his unsuccessful struggle to prevent it, and some methods ofcoercion, not then uncommon, but which now look like torture, exposedhim to the hatred of the prisoners. The differences between Macquarieand this resolute clergyman, were frequent--they ended in open rupture;and at length became so personally offensive to the Governor, thatMarsden was dismissed from the commission of the peace. 

Mr. Henry Grey Bennet, member of parliament for Shrewsbury, addressed aletter to Earl Bathurst, founded on the material furnished by Mr. Marsden. This publication delineated a great variety of abuses, andcharged Macquarie with ignorance, rashness, and oppression. Having thusprepared the way, a motion was made in parliament, which led to theissue of the Commission of Enquiry, entrusted to John Thomas Bigge, Esq. , a relative of Mr. Bennet, and by profession a barrister. TheCommissioner was attended by Mr. Hobbs Scott, formerly a wine-merchant, and afterwards Archdeacon of New South Wales; on whom the prosecution ofthe enquiry devolved, in the event of the Commissioner's death. Theappointment of this commission was extremely painful to Macquarie: itexpressed distrust in the government, or the ascendancy of his opponentsin parliament. Nor was it difficult to foresee, that an enquiryconducted by one individual, who must depend on the statements offactions, and colonial factions, of all the least scrupulous--alwaysliable to many serious errors--must become a formidable instrument inthe hands of one or other of the parties struggling for supremacy. 

The Commissioner landed (October, 1819) in New South Wales, with thehonors due to a gentleman distinguished by the royal confidence. Thecivil and military officers, with a large assemblage of the colonists, collected to witness the ceremony of presentation. The oaths ofallegiance and supremacy were administered by the Judge Advocate, andthe commission read. This document recited that it was necessary toenquire into the laws, regulations, civil, military, and ecclesiastical;and to ascertain the revenue, trade, and resources of the colonies. TheCommissioner was charged to report the information collected, "and hisopinions thereon. "

Macquarie addressed the Commissioner, and congratulated himself and thecolony on the arrival of a servant of the King so eminent. Nothing couldinspire him with greater hope for the public weal. The assistance in hispower, he would cheerfully afford: the prosperity of the colony wouldgratify the first wish of his heart. 

The Commissioner then addressed the assembly, stating that though theterms of his commission were explicit and comprehensive, he deemed itright to embrace the occasion to explain the object of his Majesty'sgovernment, and to prevent any possible misapprehension of theirmotives. The increase of transportation to these colonies, and thedoubts entertained of the efficacy of the system of secondarypunishments, had prompted the enquiry. His arrival had been delayed, butthe time would give opportunity for minute researches into the state ofcrime, undertaken by Mr. Buxton; and for the revision of the penal code. It belonged to himself to examine whether these colonies had answeredthe purposes of their institution, and whether their attainments incivilisation had not disqualified them from fulfilling their originaldesign; or whether it were yet possible, to render transportation aterror at home, and an instrument of punishment and reformation. This, though the principal topic, would not exclude others of moment: heexpected assistance from every class, and felt encouraged from thedisplay of candour by the head of the government; from which he auguredthe most beneficial results. He then concluded in the followingwords:--"I will only add, I bring to this investigation the deepestconviction of its importance: I approach it without any prejudice thatcan influence my future opinions, either of systems or individuals. Ifeel a determination, from which no earthly consideration shall move me, of conducting it to its conclusion, with the strictest impartiality _toall_. In the course of the enquiry I mean to pursue, I shall givesufficient opportunities to those whose attendance I may require, toconsider the points submitted to them for their declarations andopinions. I wish to impress on every one, that my principal object isthe attainment of truth; and while I am free to declare, that nothingis to be apprehended from a fair and candid disclosure of truth, yet Iam equally bound to apprise the community, that nothing is to be hopedfor from the concealment of the truth for private purposes, or from thegratification of malignant feelings and personal resentment. " He warmlyacknowledged his honorable reception from Governor Macquarie, whoassigned him precedence to all but the Lieutenant-Governor. 

The Commissioner's arrival in Van Diemen's Land (1820) was attended withthe same military honors: wherever he went he was received withceremony, and watched with jealousy and apprehension. The habits of Mr. Bigge were simple, complacent, and industrious: he labored to draw fromall classes their feelings and designs--nothing escaped his curiosity. His opinions are given on every subject with equal quietness, whetherthey relate to the salting of beef, or the most profound questions ofgovernment. The Reports he sent to the Secretary of State descended tothe smallest matters: he noted every rood of land granted, and everyration issued. The style of these documents is felt to be prolix, andtheir arrangement perplexing. Their contents excited very generalinterest in England, and in Australasia unbounded indignation. [136]Whatever epithet of hatred and contempt could be applied by impotenceand wrath, for years fell on the imperturbable Commissioner and hissecretary. He was charged with eaves-dropping, back parlour scandal, partisanship, and wilful lying. The particular delineation of individualconduct, and which he thought requisite to illustrate systems, excitedthe utmost vexation: it was painful to officers, to find theircharacter, their habits, and the profits of their places, laid open tonational observation. Perhaps, those details were sometimes beyond anobvious political necessity; but the plain exhibition of principles inold English phrases--giving vice its true name--measuring the results oftransportation by a standard recognised outside both the mess-room andthe gaol--was of vast advantage to the colonists themselves. Thereference made to Bigge's Reports in this work, however, is alwayslimited to facts, which could not be distorted or colored. Hisconnections, and the spirit of his mission, prejudiced his judgment, respecting a system which had been the growth of circumstances; but hisintegrity is transparent, not less than his prepossessions. Time willextract the sting of his disclosures; but their moral results willremain. They tended to destroy those evils which can only live in acongenial atmosphere--and wither, except in the shade. 

The Reports of the Commissioner were published by order of the House ofCommons in 1822: Macquarie closed his official career on the 1stDecember, 1821, having held the government for twelve years. Thus theirlabors and opinions came before the parliament and the world together. Macquarie, when he considered himself entitled to reward, for a periodof service of unusual length, found it was necessary to defend hisreputation. Betrayed by the warmth of his temper into some irregularacts, which ill expressed the ordinary spirit of his government, he wasvulnerable to his assailants. The flogging of freed men, notwithstandingthe precedents left by his predecessors; the scandalous neglect of moralprecautions, in the disposal of the women; and prominent instances ofunjustifiable lenity; constituted serious deductions from his merit. Hewas, however, exempted from pointed censure, and the crown assigned£1, 000 per annum, as his retiring pension. This favor was scarcelyconferred, when he was called before that Tribunal, where conduct andmotives are seen together: he died at St. James's, London, on the 1stJanuary, 1824, and his remains were carried to the Isle of Mull, NorthBritain; where, according to his last wish, they rest in the tomb of hisfathers. 

General Macquarie is entitled to be regarded as the founder of thesecolonies: before his time, they were but hutted camps. To theirimprovement he devoted all his energies: he foresaw and felt theinspiration of their destined greatness. His disinterestedness wasexemplary: throughout his long administration, no sordid project wasconnected with his name. No patriot ever labored more earnestly for hiscountry's welfare. Every device, which seemed to promise materialadvancement to the community, was certain of his favor; everycontribution from the meanest settler, was sure to obtain its reward. 

But if he accepted neither gold nor silver, as the recompense of hiscares, he took pledges of the colonies for the immortality of his name. It resounds in every place, and is united in every form with the naturalobjects and history of these regions. The name of his son, of his wife, of his native mountains and early haunts--all flourish in thishemisphere: of these, many were conferred by the flattery or kindness ofhis friends. Their frequent recurrence confuses geography; they echofrom hill to dale, and from the river to the sea. [137]

The moral character of Macquarie was not impeached. Happy in hisdomestic relationships, as a husband and father he exhibited an exampleof fidelity and tenderness. The people quickly learned this key to hisregard, and he felt with all the gratitude of a generous nature, thereverence paid to the virtues of his wife, and the interest affected forhis son. Mrs. Macquarie supported his efforts to reclaim the colonistsfrom the habits of concubinage, which disgraced their early history: shecould not, without utter seclusion, enforce those social rules which areproper in more settled society; but her sentiments were unequivocal, andhastened many a marriage--and saved many escutcheons from a bar! Mrs. Macquarie survived her husband ten years: she expired at Mull, in March, 1834. 

The indifference to moral worth, ascribed to Macquarie, will admitanother view. He estimated too highly the agency of affluence, inraising the moral sentiments; but in promoting external decency, it hasconsiderable power. Macquarie was a soldier, and a man of the world:those delicate springs, which set in motion the finer affections of thesoul, are open to the Christian, but are not found on the battle field, in the courts of law, or the seat of government. The notions of thisruler were material: he believed that another generation would cast offthe habits of the passing, and abhor and forget the vices of theirparents: nor was he mistaken. 

The admitted political errors of Macquarie's government must be largelyascribed to his peculiar position. When we scan the system heconstructed or modified, justice requires that we should consider, notonly the materials he possessed, but the condition in which he foundthem. The rebellion of the officers had destroyed their authority, thestores were exhausted, discipline relaxed, and those who had exacted themost servile homage, were themselves dependant for impunity on the royalclemency. He employed the discretion with which he was entrusted, toavert the miseries of forfeiture; but he could not restore the relationsbetween the bond and the free, which revolt had shaken; or dispense withthe counterpoise of emancipist support. 

Many years elapsed, ere the re-action of his system attracted theattention of parliament; until then, it was approved or tolerated by thecrown. The pressure of a strong and united party, what ministers havethe courage to withstand? They were willing that the Governor shouldbear the odium of measures, long subject to their cognizance, which theyhad passed by unreproved, and sometimes even applauded. Macquariethought he had gained a triumph, when he raised emancipists to socialdistinction, and detained a mass of transgressors within the rules ofobedience; and, for a time, so thought the ministers. They desired toestablish a city, out of the materials of the gaol; but when they sawthe success of their plans--half civic, half felonious--they wereterrified at their own creation, and wished the city had remained aprison. In this feeling, Macquarie did not participate: he delighted inthe result of his policy; and wondered at the inexorable cruelty ofthose who grudged an asylum to their unfortunate countrymen--whoattempted to dash from their lips the liberty and hope they began totaste. 

Whether it were possible, without a free community, to retain tenthousand persons in perpetual vassalage, or to uphold a system of simplecoercion and social exclusion, in a colony so remote, remains aquestion; but it is none, that the name of Macquarie will become moreillustrious, as the traditions of faction subside, and classes areblended in the unity of a people. It will be said that he found agarrison and a gaol, and left the deep and broad foundations of anempire!

FOOTNOTES:

[Footnote 97: The instructions to Macquarie (1809) were--grants at 6d. Quit rent. Thirty acres to an expiree, twenty for a wife, and ten eachchild. ]

[Footnote 98: _Collins's New South Wales. _]

[Footnote 99: The _Life of George Barrington_, written by himself, arespectable volume in size and typography, was published in 1810: nearlyevery paragraph is copied from Collins, the style being first debased;and the colored sketches are a mere piracy from other volumes. It wasthought fair, by the ingenious booksellers to use the name of a popularpickpocket, rather than one so little known as a Lieutenant-Governor. Ofposthumous agency in thus picking the pockets of the prigging race, George Barrington's memory must be acquitted. ]

[Footnote 100: _Life of Barrington. _]

[Footnote 101: Tench. ]

[Footnote 102: Heath: _Par. Pap. _]

[Footnote 103: Terry kept blank deeds ready at hispublic-house. --_Bigge's Report. _]

[Footnote 104: "Eighteen years ago (1802), the period when I arrived inthis colony, it was lamentable to behold the excess to which drunkennesswas carried. It was no uncommon occurrence for men to sit round a bucketof spirits, and drink it with quart pots, until they were unable to stirfrom the spot. "--_Dr. Redfern's replies to Macquarie; published byParliament. _

This reference to the past was intended to contrast favorably with thepresent (1820), but drunkenness was not greatly diminished: the bucketand pannikin still were in request at more remote parts of the colonies, and their use was recommended as a "measure of police, " to prevent thedrunkards from robbing each other. Poured into a bucket, none could beunfairly abstracted--_all_ shared alike; but had it not been soarranged, some rogue of the party would have removed some bottles, whenthe rest were off their guard; and thus reserved for himself thepleasures of intoxication, when the others were obliged, for lack ofspirits, to be sober!]

[Footnote 105: Bigge, however, states, that Marsden himself was atrafficker in spirits, and felt naturally opposed to the profusecompetition he encountered; yet the reader will recollect that this wasthe common article of barter--its use universal, in even the mostcorrect society; and that it was rather to the disorderly habits of thehouses which vended it, than to its consumption, that the most rigidmoralists of the day would object. ]

[Footnote 106: Letter to Lord Sidmouth. ]

[Footnote 107: _Surgeon-superintendent Reid's Voyages to New SouthWales. _]

[Footnote 108: Cunningham. 

The following is a picture of things as they were:--"The madames onboard, occupy the few days which elapse before landing in preparing themost dazzling effect, on their descent upon the Australian shore. " "Withrich silk dresses, bonnets _a la mode_, ear pendants, brooches long, gorgeous shawls and splendid veils, silk stockings, kid gloves, andparasols in hand, dispensing sweet odours from their profusely perfumedforms--they are assigned as servants. The settler expected a servant, but receives a princess. "--_Mudie's Felonry. _

This is doubtless the language of caricature; but the extravagantpretensions of many, could be scarcely exaggerated. ]

[Footnote 109: Bigge. ]

[Footnote 110: Bigge. ]

[Footnote 111: Bennet, p. 77. ]

[Footnote 112: _Phillip's Voyages_, 1789. ]

[Footnote 113: Macquarie's commission. ]

[Footnote 114: _Abstract of the Emigrant and Emancipist Population inthe year_ 1820, _with a schedule of Property belonging to them_:_compiled from the statements of the Emancipists. _

--------------------------------+----------------+-------------+1820. | Emancipists. | Emigrants |--------------------------------+----------------+-------------+POPULATION-- | | |Adults | 7, 556 | 1158 |Children | 5, 859 | 878 | |----------------+-------------+ | 13, 415 | 2, 436 | | 2, 436 |=============| |----------------+ |Excess of Emancipists | 10, 979 | | |================| |PROPERTY-- | | |Acres in cultivation | 29, 023 | 10, 737 |Ditto in pasture | 212, 335 | 198, 369 |Houses in towns | 1, 200 | 300 |Cattle | 42, 988 | 28, 582 |Sheep | 174, 179 | 8, 739 |Horses | 2, 415 | 1, 553 |Swine | 18, 563 | 6, 804 |Vessels | 15 | 8 |Capital in trade | £150, 000 | £100, 000 | |================|=============|Total estimated Property | £1, 123, 600 | £526, 136 | | 526, 136 |=============| +----------------+ |Excess in favor of Emancipists: | £597, 464 | | rather more than as 2 to 1] |================| | | | |--------------------------------+----------------+-------------+

[Footnote 115: "Now, in matters of opinion, man is like a pig: if youforce him on he retrogrades. If you are really serious in attaining apoint, make him believe the reverse is your object in view. GovernorMacquarie, finding a number of demurrers to his opinion, instead ofcoaxing them into his views, looked upon them as his personal enemies, and often treated them as such. "--_Cunningham_, vol. Ii. P. 112. ]

[Footnote 116: _Bigge's Report. _]

[Footnote 117: Ibid. ]

[Footnote 118: Mr. Hall, a free immigrant editor, addressed a meeting ofemancipists (1822), and regretted he was not one of their number!--hissincere regret that he was not an emancipist! This, it must berecollected, was after dinner. ]

[Footnote 119: _Wentworth_, 2nd edit. ]

[Footnote 120: _Bigge's Report. _]

[Footnote 121: When addressing the Secretary of State, Macquarieobserves--"In my opinion (speaking of the voluntary settlers), theyshould consider they are coming to a convict country, and if they aretoo proud or too delicate in their feelings to associate with thepopulation of this country, they should consider in time, and bend theircourse to some other country, in which prejudices in this respect wouldmeet with no opposition. No country in the world has been soadvantageous to adventurers as New South Wales: the free settlers, coming out as such, have never felt their dignity hurt by trading withconvicts, even when they were such. " Again--"It has been my invariableopinion, that a freeman, by pardon or emancipation, should be in allrespects considered on a footing with every other man in the colony, according to his rank in life and character; in short, that noretrospect should, in any case, be had to his ever having beenotherwise. "--_Letter to Earl Bathurst_, 1813. ]

[Footnote 122: _Reid's Voyage. _]

[Footnote 123: This was afterwards prevented. ]

[Footnote 124: _Macarthur's Present State. _]

[Footnote 125: "Men are governed by words: under the infamous termconvict, are comprehended offenders of the most different degrees andspecies of guilt. One man is transported for stealing three hams and apot of sausages; in the next berth to him, is a young surgeon engaged inmutiny at the Nore; another, was so ill read in history, as to imaginethat Ireland was ill-treated, and too bad a reasoner to suppose thatnine catholics ought not to pay tithes to one protestant. Then comes aman who set his house on fire; another, the most glaring of all humanvillains, a poacher; driven from Europe, wife and child, by thirty lordsof the manor, for killing a partridge. Now, all these are crimes, nodoubt; but surely to which attach different degrees of contempt andhorror. A warrant granted by a reformed bacon stealer would be absurd;but a hot brained young blockhead, who chose to favor the mutiny at theNore, may, when he is forty years of age, and has cast his jacobinteeth, make a useful magistrate and loyal subject. 

The most inflexible were some of the regiments stationed at BotanyBay--men, of course, who had uniformly shunned the society of gamesters, prostitutes, and drunkards; who had ruined no tailors, corrupted nowives, and had entitled themselves, by a long course of solemnity anddecorum, to indulge in all the insolence of purity and virtue. "--_Rev. S. Smith_, 1823. ]

[Footnote 126: Doe, on demise of Jenkins, _v. _ Pearce and wife. ]

[Footnote 127: 1814: 54 Geo. Iii, took away the corruption of blood, from children born after conviction, except in case of treason andmurder. --_Sydney Gazette_, 1818. ]

[Footnote 128: _Bigge's Report. _]

[Footnote 129: _Collins's New South Wales. _]

[Footnote 130: Acts. ]

[Footnote 131: 4 Geo. Iv. ]

[Footnote 132: Mr. Wentworth states the trials in the criminal court in1806, as 117, in 1817, at 92; but then he asserts, that offences hadincreased, subject to summary jurisdiction, from 300 to 1, 000, while thepopulation (20, 000) had only doubled. He was not, however, ignorant, that many of those offences were not such in law or morals, but merelyviolations of local regulations (_Wentworth_, 2nd edit. ). The colonialconvictions were, with few exceptions, of persons who had beentransported before: of 116 persons for trial at Hobart (1821), 79 werethen under sentence, and 37 expirees--the entire number. --_Bigge. _]

[Footnote 133: "With regard to character and respectability allow me toobserve briefly, that while some are in general well-conducted persons, little that is praiseworthy can be advanced: there is not much religionamong the best, and the far greater part have not the appearance ofit. "--_Rev. Mr. Cowper, 1820. _]

[Footnote 134: _Edinburgh Review_, 1803. ]

[Footnote 135: "His sentences are not only more severe than those ofother magistrates, but the general opinion of the colony is, that hischaracter, as displayed in the administration of the penal law in NewSouth Wales, is stamped with severity. "--_Bigge's Report. _

Such was the idea of the people on the spot; but Mr. Wilberforceobserved, in the House of Commons, he was--"a man who acquired theadmiration of all who knew his merits; a man who shone as a brightexample to the moral world--who deserved the title of a moral hero: whohad overcome difficulties for the amelioration of his species, in themost unfavorable circumstances; which would always endear his name tothe friends of humanity. "--_Wentworth_, 3rd edit. ]

[Footnote 136: "For my part, my only wonder is, that Mr. Redfern did notapply some degrading chastisement to the nose or breech of this cowardlyCommissioner. "--_Wentworth_, 3rd edit. ]

[Footnote 137: Henderson, 1832. ]

SECTION IX. 

The duty of the Commissioner being discharged, it devolved on the homegovernment to gather, from the mass of facts he accumulated, those whichdiscovered abuses remediable, and to select for adoption therecommendations of their chosen councillor. The changes he advisedamounted to a total revolution in the system, subject to his censorship;but so obstinate are evils, fostered by local interest and lengthenedindulgence, that years elapsed before the effects of his influence werepowerfully realised. He, however, secured for the exclusionists therecognition of their favorite principle, and not only were emancipistspronounced ineligible for the future, but those already in thecommission found it expedient to resign. Mr. Redfern was dismissed. 

This determination of the imperial authorities, by whatever reasonssupported, was a deviation from a practice which covered the entireperiod of Macquarie's government; therefore sanctioned, expressly, or bythe silence of the crown. The degradation of those on the bench, couldnot have been politically important, and was one of those acts of power, which rather gratify the vengeance of caste, than vindicate the purityof government. The mortification of the emancipists, at this triumph, was intense: they justly felt, that the ministers, and not they, wereresponsible for measures which had recognised their eligibility to theusual honors of colonial opulence; and that, even were it expedient toabandon the former system, a less violent process might have beendiscovered. 

It may not be amiss to describe the career of an emancipist, of whoseelevation Mr. Bigge remarks, "that it had been most strongly urgedagainst Macquarie by his enemies, and most questioned by his friends. "This case (1810) formed the precedent for appointments from persons ofhis class, and, as selected by Mr. Bigge, may be considered a specimenof the most objectionable. The facts of the Commissioner are all hereembodied; his detracting tone is abated. 

Andrew Thomson was a native of Scotland: his relations of that class oftraders, in their own country called merchants; who carry their goodsfrom town to town. He was sixteen years of age on his arrival in thecolony, and therefore, a boy of fourteen or fifteen when he forfeitedhis liberty. When free, he engaged in business as a retail shopkeeper, and traded to Sydney in boats built by himself: the defects of hiseducation he partly cured by application, and acquired such knowledge asordinary retail shopkeepers possess. He established a salt manufactory, a ship-building establishment, and it was _rumoured_, an illicitdistillery. He was chief constable: kept a public-house--such was thecommon practice of traders. He acquired great influence among thesettlers, by his forbearance and liberal credits; his business extended, and he became a considerable landholder. He supported the legalauthority during the rebellion, and suffered for his loyalty; a justground for the esteem of that Governor, who came to restore theauthority of his sovereign. When an inundation of the Hawkesbury exposedthe settlers to great suffering, he undertook their relief; suppliedthem with goods, and was happily a gainer by the risk which his humanityinduced him to incur: so great was the importance of prompt exertions, he was permitted to employ both the men and boats, which were under hiscontrol as superintendent of convicts. 

In his neighbourhood, there were but two persons suitable to the officeof magistrate, and having filled that of chief constable with greatapprobation, the Governor, Macquarie, considering his youth at the timeof his offence--the merit of his loyalty when few were loyal--hisindustry and opulence, and his reputation for humanity--did not thinkhis former condition a bar to a commission of the peace. It is said thatLieut. Bell, who conducted the party by whom the government-house wassurprised, and a Governor made prisoner, objected to his appointment;but his opposition was confined to murmurs, or if represented at homemet with no sympathy from the ministers. 

Mr. Thomson was admitted to the company of the Governor, and the partiesof the military, who yet, it is said, were not pleased with the abruptsuppression of the absolute ban. He died within the year of hiselevation to the bench. Governor Macquarie commanded an epitaph to beplaced on his tomb, stating that "it was in consequence of his characterand conduct, that he appointed him to the magistracy; and that, by thesame act, he restored him to the rank in society he had lost. " His deathwas regretted by his neighbours, who in a public address to hisExcellency described him "as their common friend and patron. " It must beadded, he had participated in some of those immoralities, which, in thetime of the Prince Regent, dishonored the residence of kings; and heescaped that just reproach which could not be expected where theselection of mistresses was the prerogative of military command. Such isa fair statement of Andrew Thomson's character, as given by Bigge, without his reflections. 

The disclosures of the Commissioner terminated the indulgences given toexpirees, with such "unsatisfactory results. " The small portion of landgranted them, without great industry, was incapable of supplying theirwants, and they were the pests of their neighbours; or, when theysettled on allotments in town, they obtained materials from the royalstores by the assistance of their fellows. [138] Land was still granted, but not as the indispensable consequence of transportation. 

The plan of recompense to officers in kind, he also condemned: rationsof food and rum, double and triple; and the assignment of men to earnwages, as the salaries of their masters, were gradually substituted bypayments in money. The small sums formerly allowed, were rather thewages of servants who live on their fees: by a casuistry, never longwanting to those who earnestly seek it, even men beyond the rank ofoverseers, persuaded themselves that the recognised stipends were neverintended to be reckoned as payment. [139] The tender of these supplieswas a source of profit to the officers; like the butlers of noblemen, persons of the highest trust were not insensible to presents; andmerchandise was accepted only when the "regulars" were duly paid. Thewaste of public property, occasioned by the system, was great. The lossand sacrifice of clothing and tools; the spoiling of food, and thewilful destruction of implements, proved how large may be the outlay ofthe crown, without much advantage to a colony. Years were required toreduce these evils; some of which are yet not unknown. 

These were, however, small changes, compared with the total revolutionin the spirit and details of convict management, suggested by theCommissioner. All those signs of advancement which he saw in thematerial state of the colonies, in connection with the objects oftransportation, were anomalies in his eyes. He observed, that theprisoners were always anxious to reside in the towns, where theyobtained, by casual labor, the price and opportunities of dissipation. By a peremptory exercise of his authority, Mr. Bigge stopped some of thepublic works, and promoted the dispersion of those multitudes who wereemployed in the improvement of the capital. 

The Commissioner, strongly impressed with the mischief incident to thecongregation of prisoners in the presence of a free community, proposedseveral remedies. Among the most important was the establishment ofsettlements, purely penal, at Port Curtis, Moreton Bay, and Port Bowen. These places were explored by Mr. Oxley, the surveyor-general of thecolonies. Moreton Bay is situated 480 miles from Port Jackson: thisregion, watered by the Brisbane, unequalled for climate and soil in anypart of the globe of the same latitude; adorned with trees ofmagnificent growth, [140] had nothing in its natural features to repel. Though the days are warm in summer (80° to 100°), the nights are cool, and for several months fires are agreeable. Bananas, plantains, andpines--cotton, tobacco, maize, the sugar cane, and all the ordinaryproductions of a tropical climate, are cultivated with success. Theatmosphere is soft and salubrious: of 1, 200 persons, afterwardsstationed there, sometimes not more than ten were sick at once; andduring seven years, one soldier only died. [141]

Such was the site chosen by Mr. Bigge; but he endeavoured to render itsuitable, by suggesting a code of regulations, in which may bediscovered the outline of several schemes, since claiming originality. It was intended for those convicted of serious crimes, or such ascommitted offences in the colonies. The prisoners, two together, were tobuild their own huts; their sole implement the hatchet, and theirmaterial wood and nails: their only furniture, stools and bedding. Theirlabor graduated; from removing heavy weights, and sawing the hardesttimber, to the easy occupation of the gardener, according to theirbehaviour or their crimes. They were to raise their own provisions, andthe produce of their tillage for the crown, was to be sold in thecolonies, and carried to the public account; except a sixteenth part, the moiety of which was to be paid to the commandant, and the restproportionately to the overseers. No vessel, unauthorised, was to touchat the port: every precaution was projected to prevent escape, and thenatives were expected to bring back, for rewards, such as might ventureto stray. Every crime, short of murder, was to be punished on the spot. No spirits were to be sold; no money circulated; no private speculationsin produce permitted. The wives of prisoners, when suffered to jointhem, were to sacrifice all but the necessaries of life. From the chiefsettlement others were to branch off; fifteen miles distant from eachother. A church, a school, a library, were to promote the reformation ofthe prisoners--an object to be considered paramount to every other. Suchwere the plans for a _City of Penitence_, projected by Bigge; and bywhich he expected, in several directions, to dispose of 4, 000 prisoners. 

It was his hope, that their labor would discharge the chief cost oftheir control, and end the mockery, and the inequalities of punishment. 

Before the arrival of the Commissioner, penal establishments existed, and prisoners were sequestered for violations of local regulations; oron extensive farms, where grain was grown for the royal stores. AtNewcastle, on the Hunter River, were coal mines (1818), where thoseunder colonial sentences, or those _guilty_ of experience in mining, were subjected to a more rigorous servitude. By an onward progress ofthe settlers, this station was less adapted for its purpose, and (1821)a second was provided at Port Macquarie, 175 miles north of PortJackson. The increase of population soon rendered a further movementrequisite: it was not, however, until 1824, that Surveyor-general Oxleycompleted his report of Moreton Bay: pioneers were forwarded, and atlength 1, 000 prisoners were employed in that remote region. The planthus narrowed, only partially succeeded, and the numbers at lastdwindled to 300 men: the Commissioner's idea, therefore, was neverfairly tested. An organisation of several thousands in a city ofpenitence; under a discipline, which, while excluding the worsttemptations of regular society, might preserve many of its elementaryforms; managed by permanent officers, in number and gradation, sufficient to form and preserve the tone of a profession--isunfortunately still a speculation: nor is it yet safe to assume, thatthe failure of stations, exhibiting several features of theCommissioner's scheme, but excluding others not less important, is aconclusive argument against the original design. [142]

In this colony, a penal station was projected during the residence ofBigge. While he approved the object, he did not cordially concur in theselected locality: he remarked several of those obstacles to access, which were not compensated by the difficulties of escape. Thepunishment of colonial offences, when persons were already in bonds, was attended with some difficulty; the law not authorising additions toa sentence, except by a court of criminal jurisdiction, regulated by theforms, and bounded by the limitations of English statutes. To punish amisdemeanour, and sometimes even capital offences, the culprit wasbrought before a justice of the peace, and sent to a penal settlementfor the remainder of his sentence. Thus a widely different penaltyattended the different parties to the same crime: one would scarcelytouch the place of his second exile, before the termination of hisBritish sentence restored him to full freedom; another, perhaps aprisoner for life, would linger out his wretched existence in the placeof his seclusion, forgotten. [143]

The name of _Macquarie Harbour_ is associated exclusively withremembrance of inexpressible depravity, degradation, and woe. Sacred tothe genius of torture, nature concurred with the objects of itsseparation from the rest of the world; to exhibit some notion of aperfect misery. There, man lost the aspect, and the heart of man!

Macquarie Harbour was explored by Captain Kelly, at the expense of amerchant whose name is borne by Birch's River, and that of his wife bySarah Island. It is an inlet of the sea, on the western coast: by water, about 200 miles from Hobart Town. It penetrates the country twenty milesto its junction with Gordon River, where, diverging to the right, SarahIsland becomes visible--once the principal station, now deserted anddesolate. This region is lashed with tempests; the sky is cloudy, andthe rain falls more frequently than elsewhere. In its chill and humidclimate animal life is preserved with difficulty: half the goats died inone season, and sheep perish: vegetation, except in its coarsest or mostmassive forms, is stunted and precarious. The torrents, which pour downthe mountains, mingle with decayed vegetable matter, and impregnatedwith its acids discolour the waters of the harbour; and the fish thatapproach the coast, often rise on the waves, and float poisoned to theshores. [144]

The passage to this dreary dwelling place was tedious, and oftendangerous. The prisoners, confined in a narrow space, were tossed forweeks on an agitated sea. As they approached, they beheld a narrowopening choked with a bar of sand, and crossed with peril. [145] Thisthey called "Hell's gates, "--not less appropriate to the place, than tothe character and torment of the inhabitants: beyond, they sawimpenetrable forests, skirted with an impervious thicket; and beyondstill, enormous mountains covered with snow, which rose to the cloudslike walls of adamant: every object wore the air of rigour, ferocity, and sadness. 

The moment the prisoner landed, if the hours of labor had not expired, he joined his gang. The chief employment was felling the forest, anddragging timber to the shore: these gigantic trees, formed into rafts, were floated to the depôt. In this service, life was sometimes lost; andthe miserable workmen, diseased and weakened by hunger, while performingtheir tasks, often passed hours in the water. They were long deniedvegetables and fresh food: they were exposed to those maladies whichresult from poverty of blood, and many remained victims long after theirrelease. On a breakfast of flour and water, they started from theirisland prison to the main land, and pursued their toil, without food, till the hour of return: they then received their chief meal, and wentto rest. Those who were separated to punishment still more severe, lodged on a rock: the surf dashed with perpetual violence on its base, and the men were compelled to pass through, wet to the waist, and evento the neck. They were destitute of bedding, sometimes in chains; theirfires were extinguished, and they laid down in their clothes, in a coldand miserable resting place. [146]

They were subject to a single will; moved often by perjury, andsometimes by passion. One man, Alexander Anderson, a convictoverseer, [147] delighted in human suffering--this was his qualificationfor office; yet seventeen persons have been flogged in one day, at hissingle report. The instrument of torture was special; double twisted andknotted cords: 100 lashes were given, and repeated at short intervals. Even to repine was criminal: an expression of _anger from the sufferer_, was a punishable offence: a second infliction has been known to follow, by a sentence on the spot. [148]

The alleviations of religious instruction were unknown. The commandantwas found, by the earliest clerical visitor, living in profligacy, andhe returned at once, despairing. [149] Women were, at first, sent there, and four were dispatched to gather shells, under the charge of one man, in whose hut they lodged. The forms of devotion depended on the surgeon, and were detested by the prisoners. They were, mostly, desperate men, and required a strong restraint; some were there, however, for offencesof no deep die, who, while the least spark of humanity remained, feltthe association more horrible than the place. To escape this dreadabode, they gambled for life; and, with the deliberation of actors, divided the parts of a meditated murder, and sinister testimony. Theyloathed existence, and were willing to shorten its duration, if theexcitement of a voyage and a trial might precede the execution. It wastheir proverb, that all who entered there, gave up for ever the hope ofHeaven. [150] Death lost its terrors, and when some unhappy victims werebrought down to terrify the rest, they saw them die as many see friendsdepart on a desirable but distant journey. [151] Some were detained foryears by a succession of punishments; perhaps, for the possession of afish-hook, of a potato, or an inch of tobacco. Some were flogged; untilthis species of punishment lost, not only its terror, but its power: theremnant of the understanding settled down into one single faculty--theability to endure. It will be our painful task to turn to the results ofthis experiment, since elsewhere repeated, of what nations can inflict, and man can suffer: excusable, had the Rhadamanthus of those regionsbeen always just, and those subject to his lash always the worst ofcriminals. [152]

The improvement of the assigned service, by raising the qualificationsof the masters, and increasing the dependance of the men, was anothergreat project of the Commissioner. There were, indeed, no employers, except those who had been convicts, or officers of government; and thefirst and larger class, possessed neither capital nor discretion. Theywere rather patrons than masters. There were but two changespracticable: the vast establishments projected at Moreton Bay, andintroduction of a class of settlers, who might exercise the authorityrequisite to restrain the vagrant indolence of the men; and whosecapital might give them constant employment and proper sustenance. Several military settlers, such as Macarthur, had large establishments, chiefly for cattle and sheep; and their management exemplified thesuperior facilities of control, where the men were both dispersed andguarded--divided in their occupations, but subject to a vigilantsupervision. 

It was the opinion of the Commissioner that none, having small estatesand trivial resources, should be placed in the responsible position ofmasters; but that the inducements offered in former times should berenewed and extended. He calculated, that the employers of convictlaborers, for each, relieved the treasury of England to the extent of£24 10s. Per annum. Thus every consideration commended the system ofassignment beyond any other. To attract the attention of settlers, headvised that the emigrant should be entitled to a grant, to purchase anaddition at a low price, and to receive a bonus in land, for the stockhe might rear, or according to the industry and skill he might otherwiseexhibit. 

It has been stated, that the ministers who founded these colonies, intended that free emigration should accompany transportation with equalsteps. The despatches of Governor Phillip, addressed to the secretary ofstate[153] in 1790, proved that he felt the want, and perceived thevalue, of such auxiliaries; but the early determination to raiseexpirees to the condition of landholders, seems to imply the form thesettlement at Port Jackson was expected to assume. It is obvious thatthe immediate design of the Governor, was to provide such free settlers, as might act in different official capacities, at little or noexpense. [154] The reply to these communications was favorable, and theprospect of emigration cheering; but the result was insignificant. It isstated by Collins, that several families, members of the Society ofFriends, proposed to accept the offers of government, but were deterredby the reputation of the colony, and the disorders which prevailed. [155]

The _Bellona_ at length arrived, with free settlers and their families, including a millwright and blacksmith; one of whom had been already inthe colony, under other auspices! An authority to the Governor was nowconveyed, to establish such persons as were eligible on terms highlyadvantageous. They chose a fertile spot, and to mark their civilcondition, called their locations "Liberty Plains" (February, 1793). TheBritish government provided their passage, an assortment of tools andimplements, provisions for two years; their lands free of expense; andthe service of convicts, with two years' rations and one year'sclothing. It is difficult to imagine a more alluring offer; yet, excepta Dorsetshire farmer, the rest were not _bona fide_ settlers: twoformerly belonged to the _Sirius_, and a third to the _Lady Juliana_transport; in short, they were sailors. Concluding, then, the secretaryof state had sought settlers in earnest, the presumption is strong thatno considerable number of persons could be found to engage in such anenterprise: one which seemed to comprehend all the perils of distance, of official tyranny, and of social corruption. [156]

The additions, thus made to the free population, were generally ofpersons connected with the merchant service or the military profession;and who, by a residence intended only to be temporary and official, contracted a preference for the climate; where they found great respectand deference, by the paucity of their numbers. It was their examplewhich finally overcame the reluctance to settle, which no mere offers ofthe crown were sufficient to conquer. 

FOOTNOTES:

[Footnote 138: _Bigge's Report. _]

[Footnote 139: Colonial Fund (1820): Quarter's salary, A. P. Humphrey, superintendent, £25; government printer, £7 10s. ; Mr. Fitzgerald, schoolmaster, £6 5s. ; G. Northam, chaplain's clerk, £3 5s. ; JamesCharlton, executioner, £6 5s. !]

[Footnote 140: "Report of Oxley. "--_Barrow Field's Collection. _]

[Footnote 141: _Breton's New South Wales. _]

[Footnote 142: The following "Instructions" were laid before parliament:being a return to an address to his Majesty, dated 2nd February, 1832;they were, however, only partially acted upon:--

"_Copy of Instructions issued by the Governor of New South Wales and VanDiemen's Land, for the Regulation of Penal Settlements. _

"As an aversion to honest industry and labor has been the chief cause ofmost of the convicts incurring the penalties of the law, they shall beemployed at some species of labor, of an uniform kind, which they cannotevade, and by which they will have an opportunity of becoming habituatedto regular employment. 

"With this view, all labor of a complex nature, the quantity of whichcannot be easily determined, is to be studiously avoided: and theconvicts are to be employed exclusively in agricultural operations, whenthe public buildings or other works of the settlement do not absolutelyrequire their labor. 

"In these operations the use of the hoe and spade shall be as much aspossible adopted; and where the number of men who can be employed inagriculture is sufficient to raise food for the settlement with theseimplements, the use of the plough shall be given up; and no workingcattle are to be employed in operations which can be effected by men andhand carts. 

"The principle of dividing the workmen at regular distances from eachother, as established for field labor, is also to be adopted whenever itis found applicable; and with the view of affording a more complete andeffective superintendence, the different gangs are, as much as possible, to be employed in one place. 

"When it becomes necessary to employ mechanics or tradesmen in theirrespective callings, such arrangements shall be made (by appointing asmany as possible to the work) as will insure their strictsuperintendence, and a speedy return to the employment of commonlaborers. 

"In order that the convicts may be deprived of all opportunities ofprocuring spirits, or any luxury or article beyond the governmentallowance, and with the view the more effectually to prevent theirescape, it becomes necessary to establish the strictest regulations withregard to shipping. 

"The commandant is vested with the control of every department on thesettlement; every person, whether free or bond, being subject to hisorders. 

"No officer, or other free person, employed at the penal settlement, shall be permitted to derive any advantage from his situation, eitherdirectly or indirectly, beyond the amount of his salary and fixedallowances. Each individual will be _required to furnish quarterly, adeclaration upon honor to this effect_, to the commandant, who willcertify that the whole of the officers borne upon the salary abstract, have furnished the same. 

"No officer, or other free person, shall be allowed to cultivate anyground on his own account, excepting for the purpose of a garden, forthe exclusive supply of his own family. 

"No officer shall be allowed to raise stock of any description for sale, or for any other purpose than the immediate use of his own family; suchstock to consist exclusively of pigs and poultry, which shall be securedwithin the premises of the proprietor. 

"No officer, or other person, shall be allowed to employ any convict atany time whatever for his personal advantage, or otherwise than on thepublic account, excepting always such men as may be appropriated to hisservice. 

"No officer, or other free person, is on any account to leave thesettlement, without the written sanction of the commandant. 

"The commandant is vested with full authority to remove, at hisdiscretion, any free person from the settlement, whose conduct shallappear to him to render this proceeding necessary for the duemaintenance of discipline. 

"The officers, and other free persons, shall be allowed to purchasegrain from the public stores, to maintain the livestock they arepermitted to keep, according to the following scale:--

"Commandant, not to exceed five bushels per month; civil and militaryofficers, three bushels per month; inferior free persons, one bushel permonth. 

"To enable the officers of the settlement to cultivate their gardens, they shall be allowed to have convicts appropriated to their service inthe following proportion:--

"Commandant, three men; military and civil officers, two ditto. 

"These men are not to be mechanics or tradesmen, and are to be allowedin addition to any servants they may have been permitted to take withthem to the settlement. 

"When work is required to be done by the mechanics for the absolutecomfort and convenience of any of the officers on the settlement, thefollowing regulations shall be observed:--

"The officer to make a written requisition, which will, if approved bythe commandant, be given to the overseer of the mechanics, who willreceive the whole of the materials from the officer. The work to beperformed in the lumber-yard during government hours. 

"No remuneration of any kind is to be given the mechanic for hisservices. This indulgence is not to extend to any article of furniture, or any thing else that can be dispensed with, or procured in any othermanner. A separate book is to be kept, and entries made of the work sodone, and quarterly returns sent to the colonial secretary. It must beunderstood that no government materials, even of the most triflingnature, will be allowed for any such purpose. 

"All trafficking and trading between the free and bond on thesettlement, shall be strictly prohibited, and severely punished. 

"The convicts under colonial sentence, shall be steadily and constantlyemployed at hard labor from sunrise till sunset, one hour being allowedfor breakfast, and one hour for dinner, during the winter six months;but two hours will be allotted for dinner during the summer. 

"The convicts shall be worked in field labor, with the hoe and spade, ingangs, not fewer than fifteen or more than twenty. No task work shall beallowed. 

"There shall be an overseer attached to each gang, and to every fivegangs a constable, who shall assist the overseers in the superintendenceof the men. 

"The constables and overseers, are not to push or strike the convicts, and no punishment is to be inflicted but by the express orders of thecommandant. 

"If a convict should have any thing to represent or complain of to thecommandant, it shall be the duty of the constable to bring him beforehim. 

"No prisoner is to be permitted to receive, or to procure, any articleof luxury, or any addition to the established ration of the settlement. 

"As a reward of and encouragement to good conduct, the prisoners shallbe divided into two classes, to be called the first and second classesrespectively. 

"No prisoner is to be admitted into the first class, who shall not haveserved on the settlement for two years, if a prisoner for seven years;for four years, if for fourteen years; and for six years, if for life. But convicts, who have been respited from a capital sentence, shall inno case be admitted into this class until, upon the representation ofthe commandant, their sentence shall have been mitigated by thegovernor. 

"The commandant will make a monthly return to the colonial secretary ofthe prisoners, whose conduct has induced him to admit them to the firstclass, and he will inform the officer of the commissariat officially. 

"The prisoners in the first class will receive, in addition to the usualration, one ounce of tobacco weekly. 

"The prisoners of the first class are to be employed in the lighter andleast laborious operations; and it is from this class exclusively thatmen are eligible to be selected for constables and overseers, to beemployed as clerks, to be assigned as servants to the officers of thesettlement, and to be entrusted with the charge of the live stock orworking cattle, or with any other light employment. 

"No convict shall be employed as a clerk in the commandant's office, orhave access to any of the records kept there. 

"No prisoner transported for life, or for any heinous or atrociousoffence, shall be employed in any other way than as a common laborer, except, being a mechanic, his services may be urgently required. In thiscase the commandant will permit his being temporarily employed in histrade, or on any of the public works. 

"Prisoners of the first class, who shall be selected by the commandantfor constables or overseers, will be allowed the usual distinction ofdress, and shall receive in addition to their rations, two pounds offlour per week, and one ounce of tobacco; but in no case shall anyconvict at a penal settlement be allowed to receive a pecuniary reward. 

"As a further encouragement to constables and overseers to be faithfuland diligent in the discharge of their duty, two years' service as aconstable or overseer, shall be considered equivalent to three years'servitude on the settlement; but in case of misconduct, they shallforfeit all such benefit arising from their services as constables oroverseers. 

"As there may be found some individuals whose conduct may be deservingof reward, but who nevertheless may not be qualified to fill thesituation of overseers, the commandant will transmit annually to thecolonial secretary, a return of the names of such convicts who, havingserved two-thirds of the period of their sentence, may by a longcontinuance of good conduct, be considered to merit indulgence. To thisreturn there shall be annexed a detailed statement of the circumstanceswhich have induced the commandant to recommend the individualsrespectively. 

"A return will in like manner be transmitted by the commandant, of anyprisoners under sentence for life, who shall have conducted themselvesto his entire satisfaction for six years (or of capital respites for tenyears) after their arrival in the settlement, annexing, as before, adetailed statement of the circumstances which have induced him torecommend the individuals respectively; and should the governor besatisfied that they are deserving of reward, his excellency willmitigate their sentence to that of seven or fourteen years, from thedate of such mitigation; after which the individuals will, of course, beeligible to all the privileges of prisoners of the first class. 

"The wife of a convict shall, in no case, be allowed to join herhusband, until he shall have been placed in the first class, and thecommandant shall have recommended him for this indulgence. 

"The wives and children of convicts shall be allowed rations and slopclothing from the public stores. 

"The wives and children of convicts are not to be allowed to conveymoney or property of any kind to the settlement, nor to possess any livestock or poultry, and they are strictly to be prohibited from carryingon any trade or traffic in the settlement; but they will be furnishedwith employment in spinning flax, making straw hats or bonnets, makingup slops, and such other work as they may be capable of performing, thematerials for which will be supplied from the government store. Theywill receive credit in the books of the settlement, at the market orfactory prices, on such work being returned to the stores; and theamount of their earnings will be annually placed in the savings bank, tobe received by them on their return from the settlement, as a means ofsupport on their arrival. 

"Married convicts, whose families have been permitted to join them, shall be allowed to live in separate huts. 

"A portion of ground shall be allotted as a prisoners' garden, theextent of which shall be determined by the commandant. 

"If any money or property shall be found in possession of a convict, orthe family of a convict, it shall be seized and forfeited to theBenevolent Asylum. 

"The labor of all convicts, excepting only those assigned to theofficers, shall be wholly and exclusively applied to the service of thesettlement generally, and the indulgence of working on their ownaccount, after the usual hours of public labor, shall be strictlyprohibited. 

"No convict shall be allowed to wear any other clothing than that whichis issued to him by the government; and the number of each convict onthe settlement is to be painted on each article of his dress, before andbehind. 

"The commandant will see that due attention is paid to the cleanlinessof the convicts, and that those whose state of health admit of it, batheregularly. 

"A separate barrack is to be provided for the female convicts; and ifemployed in field labor, they are to be kept separate from the men. 

"A washing gang from among the female convicts shall be appointed, towash and mend the clothes, and air the blankets and palliasses of theprisoners. 

"The convicts are not to be allowed to possess knives or any sharpinstruments; the knives, forks, and spoons, are to be under the chargeof the barrack overseer, and he will be held responsible that they areduly collected from each convict before he is allowed to quit his seatat the mess table. This, however, is not to apply to those marriedconvicts or overseers, who shall have been allowed to live in separatehuts. 

"The whole of the convicts will be mustered on Sunday morning, arrangedin their several gangs, and attended by their respective overseers andconstables, when they will be inspected by the commandant. The wives andfamilies of the convicts will also be required to attend the Sundaymorning musters. 

"The prisoners will be mustered daily by the superintendent of convicts, at sunrise, before they proceed to labor, when they return to meals, andagain when the work for the day is closed. 

"No convict shall be allowed to receive or transmit any letter, excepting through the commandant, who is to exercise his discretion inopening such letters, and perusing their contents. 

"The section regulating the discipline and employment of the convicts, is to be read once in every month to the troops and convicts on thesettlement. 

"These regulations shall be entered in the public order books of thesettlement, and they are to be strictly and literally adhered tothroughout; no deviation being permitted, except in cases of very greatemergency, which are to be determined alone by the commandant, who willimmediately report in detail his reasons for such deviation to thegovernor, in order that his excellency's sanction to the measure may beobtained. "]

[Footnote 143: "The crimes for which they were sent down, wereoriginally trifling: five or six for a robbery, petty theft, ordisobedience to orders. One remained for a month, another for the termof his natural life, --for the same offence, and by the samesentence. "--_Barnes: Par. Pap. _

"Bryan Taylor, a convict holding a ticket-of-leave, having taken theLord's name in vain, was ordered to be confined in his majesty's gaolfor one week. 

"Thomas Higgins, a constable, was found guilty of a rape, and wassentenced to be dismissed from his office, and transported for theremainder of his original term. 

"Ralph Jacobs, found guilty of stealing one sheep; sentenced to receivefifty lashes, and to be returned to government. 

"William Blunt, and another, for burglary and violence; sentenced onehundred lashes, and transported for their original term. "--_Gazette_, Dec. 1821. ]

[Footnote 144: _Ross's Almanack_, 1831. ]

[Footnote 145: "The sight was awfully grand. The pilot commanded allbelow, but I said I should like to see the end of it: they counted offeleven feet; we drew seven and a half: there were but seven in thehollow of the sea! At this moment a large billow carried us forward onits raging head. The pilot's countenance relaxed: he looked like a manreprieved under the gallows. "--_Backhouse's Narrative. _]

[Footnote 146: Barnes: _Par. Pap. _, 1837. ]

[Footnote 147: Ibid. ]

[Footnote 148: _Tasmanian Journal_, vol. Ii. P. 205. ]

[Footnote 149: _Backhouse's Narrative. _]

[Footnote 150: Ibid. ]

[Footnote 151: They called to the men, as they ascended thescaffold--"Good-by, Bob; good-by, Jack. "--_Par. Pap. _]

[Footnote 152: To describe this region, requires the awful coloring ofMilton:--

 "Rocks, caves, lakes, fens, bogs, dens, and shades of death, Where all life dies; death lives; and nature breeds Perverse; all monstrous, all prodigious things; _Abominable_; UNUTTERABLE!"

_Paradise Lost_, book ii. ]

[Footnote 153: _Sydney Cove, 17th July_, 1790. 

"The consequence of a failure of a crop, when we no longer depend uponany supplies from Great Britain, will be obvious; and to guard againstwhich is one reason for my being so desirous of having a few settlers, to whom, as the first, I think every possible encouragement should begiven. In them I should have some resource, and amongst them properpeople might be found to act in different capacities, at little or noexpense to government; for, as the number of convicts and othersincrease, civil magistrates, &c. Will be necessary. "]

[Footnote 154: _Par. Papers_, 1792; quoted by Saxe Bannister, Esq. ]

[Footnote 155: Besides the reference in Collins, several modern writershave alluded to this fact; but in conversation with Mr. G. W. Walker, the author has been given to understand, that neither he nor hiscolleague, Mr. Backhouse, ever heard of this projected emigration. Thecorrespondence upon the subject would probably disclose more clearly theultimate views of the imperial government. Dr. Laing assigns, for therelinquishment of the project, a refusal to extend the laws of Englandto the settlement, --but gives no authority. ]

SECTION X. 

The spirit of the Commissioner's propositions was embodied by the homegovernment, and its offers were published in various forms; chiefly, indeed, by the diligence of adventurers who, to freight their ships, filled volumes, and depicted in lively colors the beauty of thecolonies. The intending settler was told, that not only would he findcheap land and cheap labor, but a large return for his produce. 

By the grants of Sir Thomas Brisbane, bonds were required to be givenfor the support and employment of prisoners, until their detentionexpired--calculated at the average term of ten years. For every hundredacres, the settler engaged to provide one convict with food andclothing, in return for his labor; and to contribute 18s. Per annumtowards the expense of medicine, police, and religious instruction(1822). Still further to encourage such contracts, the settlers werefurnished with a cow, for every convict attached to their grants, tocontinue in their possession during the term of his servitude![157]

The regulation issued at Downing-street in 1824, engaged that thepurchaser of land--who within ten years might save ten times the amountof his payment, by the employment of convicts, reckoning each at £16 perannum--should receive back his money, though without interest; but whenthe land was conditionally given, one-fifth part of that saving wouldpass to account of quit-rent, and thus probably entitle the employer toentire relief. 

The Van Diemen's Land Company, by agreement with Earl Bathurst, enteredinto similar covenants, and received their land subject to a quit-rent, redeemable by the sustentation and employment of prisoners--to them afortunate stipulation, [158] and which has relieved their vast territoryfrom a heavy pressure. These various plans indicate the difficulties offinding masters, which once prevailed. 

The government having roused the spirit of emigration, were soon enabledto grant a favor when they assigned a workman, and rapidly withdrew fromengagements no longer necessary. Hundreds of families arrived in asuccession of vessels, and speedily fixed themselves in the interior:flocks were contracted, herds were slaughtered; fences, homesteads, andfields of corn divided and dotted the land. The least capital admittedwas £500; and though several evaded the condition, many of the settlersbrought much larger sums. They pursued their improvements, with all thevigour awakened by novelty, and stimulated by the prospect ofconsiderable gains. The competition for labor increased, until itcreated in the minds of the settlers a feeling of dependance andobligation--to refuse a supply, had been ruin. It placed before theprisoners, once again, the examples of emancipist opulence: mechanicsearned more wages than officers of the army; again transportation wasrepresented as a boon; and then came other changes. 

In the official newspaper of 1827, it is stated that 1, 000 applicationswere registered at Hobart Town. To an English reader, and to a moderncolonist, the notices of this period seem like satire. "Better, " remarksthis organ of the higher classes, "better send petitions for moreprisoners--now that applications have lain dormant for twelve months:some for four, eight, and ten men--than trouble about trial by jury andrepresentative government. The disappointment, we trust, will betemporary: when the last vessel sailed, the _York_ was freighting. Wetrust the home secretary will consider the deficiency"! The extremelyearnest manner in which these felonious additions were implored, is acurious relic of a bygone era. [159]

FOOTNOTES:

[Footnote 156: _Collins_, vol. I. P. 267. ]

[Footnote 157: _Gazette_, 11th July, 1822. ]

[Footnote 158: Bischcoff. ]

SECTION XI. 

The system of assignment was first established in America (1718), andcontinued for fifty-six years: the rigid discipline permitted by thecolonial law, the kind of labor usually performed by the servants, andtheir diffusion over an extensive surface, tended alike to restrain, toreform, and ultimately to merge them undistinguished. Many, endowed withgood natural abilities, such as an accomplished thief usually possesses, succeeded in their pursuits, and became masters themselves, _by thepurchase_ of the servitude of those afterwards sent out for sale. [160]Thus, whatever complaints were raised against transportation itself, none objected to assignment; and the long period of its duration, provesthat the home government cared little for the state of prisoners, whilethere was no local press to vindicate their _rights_, and few readers ofbooks to encourage romantic delineations of their _felicity_. 

On the arrival of a vessel, the chief officers of the governmentexamined the prisoners, and the Governor himself addressed them. Hepointed out their future position, their duties, and their dangers; thetone of promise usual in times past was considerably abated, but theawful rigours of their servitude were explained, often to theirastonishment and horror. [161] Often the private examination of theprisoner confounded him with amazement: a gentleman, whom he had neverseen before, unravelled with facility the mystery of his life. If he hadbeen often in prison; if his brother had been transported; if hissweetheart had been deserted; whether he had been a pest to the lords ofthe manor, or to the parish, by poaching or bastardy: his whole life wasread by his inquisitor, with supernatural clearness. The raw countrymandid not know how far his course had been subject to the gaze of thestranger: denial gave way rapidly; he assented, and explained, andenlarged--and thus the office of the superintendent answered the purposeof a confessional. It was the practice to furnish all possibleinformation to the local government, and to keep its details a secretfrom the prisoners: such had been the advice of the Commissioner. Thusthe wonder of the country transport, to find that the picture of hislife had preceded him--that all was known at the world's end. 

Though no persons could have greater cause to confuse their identity, the prisoners often stamped on their persons indelible distinctions; acustom, perhaps, introduced by the sailors, and encouraged by theofficers, but which prevailed among London thieves. Those who sufferedthese figures to be pierced, were usually the most simple minded, or themost depraved. The figures themselves were sometimes obscene, but notcommonly: often mermaids, still more frequently hearts and darts;sometimes the name, or the initials of the prisoner. Thus, in therunaway notices (1825), one had a hope and anchor; another, a castle, flower pots, hearts and darts; another, a man and woman, a heart and alaurel; another, a masonic arch, and moon and stars, and initials inabundance. An Irishman had a crucifix on the arm, a cross on the righthand, and the figure of a woman on the breast! Such were the ingeniousmethods which, induced by indolence and vanity, these men permitted, tolessen the chances of escape. The initials generally differed from thoseof the known name, and indicated that the wearer, some time or other, had occasion for disguise: others were obviously memorials of pastaffection, and of names perhaps associated with blighted hopes and betterdays. Besides these marks, were others; scars, usually the result ofa life of mingled intemperance and violence: thus, almost in succession, the list of absconders gives the following--"a scar on the forehead;""scar on the right eye;" "his arm has been broken;" "his nose inclinesto the left cheek;" "a broken nose. "[162]

All that might assist the police was registered: their native place, their age, their crime, and sentence. They were then detached to theirmasters; marched, sometimes, in considerable bodies, from Kangaroo Pointto Launceston, 120 miles. The mechanics were reserved for governmentemploy, and the concealment of a trade, was visited as a crime; yetconvicts did conceal their trade, instructed by former experience, or ahint from a veteran predecessor. They knew that mechanical knowledgemight prolong their detention, and deprive them of many presentadvantages. They knew that, though rated as laborers, they might obtaina master who would pay them. This was effected, sometimes, at once, orby the agency of a friend; or oftener by the prisoner, who, on his firstopportunity, would hint to a builder or carpenter, that he knewsomething of a trade. An order was obtained for a _laborer_, which wouldnot have been spared for a mechanic: a fee to the clerk, secured theintended selection; and the man assigned to carry the materials of abuilding, was taught, in a time which seemed incredibly short, all themysteries of line and rule. It is thus that weakness ever arms itselfagainst might. 

The increased demand for assigned servants, enabled Governor Arthur toenforce the regulations which had been often promulgated in vain. Itceased to be necessary to pay wages, and the master was bound to providesufficient food and clothing for his men: the scale was determined. Thepractice of lending out servants was restricted, and finally abolished. All those means of stimulating labor, which had tended to suggest therights of property, were forbidden. It had been the custom to permitassigned servants to receive a share in the increase of stock;allotments of land had been separated to their exclusive use; they hadbeen suffered to trade upon their own account. These arrangements werecalculated to stimulate industry, but they also generated disputes, andled to petty theft. Thus reduced to an absolute dependance upon theliberality of their masters, they had no reward but as a boon: many ofwhom, however, evaded the regulations, and paid their servants theordinary wages of free men. 

No rule can be devised, that is not liable to objection. The men werediscontented with a service, in which money was refused them: it wasillegally possessed, and therefore rapidly spent in debauchery anddrunkenness. The settlers usually allowed some luxuries; but these, discretionally given, were a tax to the liberal, often more onerous thanreasonable wages. Domestic servants, and those entrusted with importantconcerns, were paid by all, from the Governor downwards, and that whileregulations were promulgated against such violations of order. [163] Itwas doubtless not at his direction, but at his cost!

A decision at Sydney, explained the nature of the claim for wagesgranted by former regulations of government. A female, at the closeof a long servitude, sued her master for arrears: the judge advocatedeclared "his court one of equity and right, " not of law; thatthe spirit of public orders, not their letter, was the rule of judgment;that the allowance of money required by the crown, was intended tosecure the plaintiff certain comforts: those comforts she had alreadyenjoyed, and thus her claim in equity had been already satisfied (1823). The wages of a man servant were stopped by the magistrates, because hehad been accused of stealing from his master (1821)!

The right of a master in the services of his assigned servant, wasincidentally raised in the celebrated case of Jane New. She arrived inVan Diemen's Land under a sentence of transportation, and, according tothe prevailing custom, was assigned to her husband; who was allowed, byGovernor Arthur, to remove her to New South Wales: she was charged therewith a capital felony, and death was recorded against her. Theprosecutrix, Madle. Senns, a French mantua-maker, gave her evidence byan interpreter: afterwards, it was discovered, that the conviction waserroneous, both _in substance_ and _in law_: released on therecommendation of the judges, by order of the sheriff she was committedto the female factory at Parramatta. Her husband then sued out a writ of_habeas corpus_, to which the return, as amended by the direction of thecourt, alleged under the hand of the colonial secretary, that herdetention was by authority of Governor Darling, she being a prisoner ofthe crown. The question seemed to depend on the nature of the rightsconveyed by assignment; but a second arose: whether those rights couldbe exercised beyond the limits of the territory appointed for thetransportation; or whether Governor Arthur was authorised to permit theremoval. The judges, Forbes, Stephen, and Dowling, decided that theprisoner having been transported to Van Diemen's Land, was, by removalto Port Jackson, no longer under the provisions of the act ofparliament; that neither the magistrates nor Governor of New SouthWales, could make her the subject of summary treatment; but as aprisoner illegally at large, must remand her to the place of heroriginal and unsatisfied term of transportation. 

In giving this decision, the judges announced their opinion upon therights of assignment in general, as regulated by the 9th Geo. Iv. Cap. 83. The Act required the consent of the governor in the assignment of aprisoner, and authorised the revocation of that assignment: this powerto revoke, was however, to enable the governor to grant remission--tochange the civil condition of the servant; and thus, by his restorationto liberty, to extinguish the rights of the assignee. The law officers, on the part of government, alleged that the discretion was absolute, andauthorised a summary disposal of the services of the prisoner; whetherunder, or independent of, a magisterial decision. 

The chief justice, however, maintained that such a right in theexecutive might be ruin to the people. He asserted, that the duty andright of the governor was limited to the execution of a public trust, asbetween the crown on one side and the prisoner on the other; to ministerto a covenant, subject only to those stipulations, the neglect of whichmight, by the common rights of humanity, dissolve the engagement. "If, "he remarked, "the governor, at discretion, may revoke the assignment ofprisoners, as a consequence he may render the estates of landholders ofno value; nor does it appear that this power of revocation issustainable under any circumstances in the large and discretionary formclaimed by the law officers of the crown. "[164]

The government endeavoured to contest this right (1829), in the instanceof Mr. Hall, publisher of the _Monitor_, whose strictures had provokedofficial hostility. His men were recalled by the superintendent; he, however, paid no attention to the notice, and continued to employ them:for this he was summoned before the bench of magistrates, who, influenced by the known opinions of the government, fined him, under theact against harbouring. Mr. Wentworth moved for a criminal informationagainst Messrs. Berry, Wollstoncraft, and others, for contempt: a rulewas granted, but afterwards dismissed; the judges expressing thestrongest indignation that the magistrates had dared to set aside thesolemn decision of the court on a point of law, and in reference to themost important rights of the colonists; and to mark their displeasure, they saddled them with all the costs. Mr. Hayes, of the _Australian_, was involved in a similar contest; but to break the bond, the governorgranted a ticket-of-leave--thus releasing the prisoner from hisassignment. The printer, notwithstanding, brought his action against thesuperintendent for abduction, and gained damages; the judges holding, that the sudden deprivation of the master, by an arbitrary and unusualindulgence--granted only to deprive him of his rights as assignee--wasnot contemplated in the law, which modified those rights by theprerogative of mercy. 

The following are the chief provisions of the Parliamentary Acts on thesubject of assignment:--

The 4th Geo. I. (1717) conveyed an absolute property to the shipper, whoagain assigned to the master. 

An opinion was obtained from the law officers of the crown (about 1818), that the state of convict servitude was created by the 4th Geo. I. Andsubsequent statutes, under which a property in the servant was reservedto the master, whether captain or colonist: the power to punish wasassumed as a necessary consequence. [165]

The 5th Geo. Iv. Gave a right to the governors to release the convictfrom assignment, by a pardon, &c. A subsequent Act, for abolishing thepunishment of death in certain cases, limited the exercise of mercy. 

The 9th Geo. Iv. Gave the governor power to revoke assignment; and madethe master entirely dependant on the government. 

The local government rarely interfered with the prescriptive rights ofthe masters, nor did it often object to the transfer of servants whenthe value of an estate depended on the possession of bond labor. Themost remarkable deviation from this policy was in the instance of Mr. William Bryan, a gentleman of considerable wealth, who was dismissedfrom the magistracy, and deprived of all his servants in one day (1833). Relying on the decision of the judges of New South Wales, he threatenedan action, but the law of assignment being changed, [166] it was quitewithin the province of the Governor to recall a servant at any hour. Thediscretion of the executive was never brought into legal question; butthe deprivation of a colonist in the midst of harvest, without publicinquiry into any alleged malversation, taught the settlers that theirfortunes were in the hands of the Governor. A London pickpocket requireda long course of instruction; but his services were no longer secure tohis master--a serious drawback from their worth. 

The transfer of servants, once convenient to the government, lasteduntil 1838, when it was finally abolished. It had been agreed by asettler, named Silcock, to transfer a servant to Mr. Theodore Bartley:on the application an endorsement was written--"the consent of theservant is, in all cases, necessary. " This led to a long correspondence, in which several colonists took part. The settlers contended that, torequire the servant's consent, was inconsistent with his civilcondition; "tended to weaken the sense of submission and control, " andraise him into a dispenser of favors. A large amount of politerecrimination enlivened this dispute, which perhaps ended as wasbest--the last bond was broken. 

FOOTNOTES:

[Footnote 159: _Courier_, 1829. ]

[Footnote 160: Colquhoun. ]

[Footnote 161: Arthur's evidence: _Par. Pap. _]

[Footnote 162: _Gazette_, 1825. ]

[Footnote 163: Murdoch's evidence: _Par. Pap. _]

[Footnote 164: _Sydney Gazette_, 1829. ]

[Footnote 165: _Bigge's Report. _]

[Footnote 166: The 9th Geo. Iv. Enacted (omitting superfluous words), "That any offender assigned _under_ 5th Geo. Iv. Shall not be assignedby the master to any other person without the consent of the Governor, who may as shall seem meet revoke such assignment and grant remissions, as may be best adapted to the reformation of offenders, and revoke andrenew them as occasion may require, any act of parliamentnotwithstanding. "]

SECTION XII. 

One of the earliest (1824) and chief difficulties of Governor Arthur'sadministration sprang from an out-break of prisoners at MacquarieHarbour, who divided in their progress, and collected several formidablebands. The efforts to escape from that dreary region had been numerous, but unsuccessful: the unhappy beings who wandered into the woods, foundno sustenance, and died either from exhaustion or by the hands of eachother; or when they endeavoured to ford the Gordon, and attain by a moredirect course the settled districts, they were either drowned or taken. During the first five years, when not more than two hundred wereconfined there, one hundred ventured on this dangerous enterprise, notwithstanding their ignorance of the route, and the almost certainstarvation which awaited them. Prisoners arriving from Hobart Town gavethem erroneous tidings respecting the absconders, and delusive hopes ofsuccess, and thus the foolish and desperate were prompted to hazard theperils of flight. 

The first (1822) adventurers were John Green and Joseph Sanders; neverheard of more: six others followed a few days after, and encountered asimilar fate. They were pursued by two soldiers and three prisoners, whotook with them a fortnight's provision and hunting dogs. The raincontinued for seven weeks after their departure, and it was presumedthey perished from exhaustion. [167] Another party formed a catamaran, but it parted when they had proceeded a short distance; and they wererescued from its fragments by the soldiers. Eight others left in thefollowing September, and all lost their lives, except Pearce, whosenarrative will be noticed hereafter. 

At Macquarie Harbour, the first commandant was Lieutenant Cuthbertson, asoldier who had been in eighteen general engagements; yet was glad of anappointment, to supplement the deficiency of his pay. His discipline wassevere, but of brief duration. A small vessel, built at the harbour, wasin danger, and Cuthbertson ordered out his own boat to its relief; thishe effected: on returning, his boat was upset, and all, except two, weredrowned. Cuthbertson was thrice raised by one of the crew; but findinghis strength unequal to retain his hold, he said, "man, save yourself;never mind me--it is no use. " On the death of the commandant, the chiefauthority devolved on a non-commissioned officer. The prisoners weredisposed to question his right to obedience: his government wasvigorous, and he flogged with redoubled frequency. [168]

In June, 1824, two parties absconded from Macquarie Harbour: one, consisting of three persons only, who seized the soldiers' boat, provisions, and arms. They proceeded about twelve miles, when theymoored the boat to a stump of a tree, and wrote on its stern with chalk, "to be sold:" of this party no tidings were ever heard, and it issupposed that they perished. The second left five days afterwards, andwere, for a time, more fortunate. Having resolved to escape, theyproposed to capture the barge of commandant Wright; but suspecting theirintention, he pushed off before they could reach it, leaving behind thesurgeon. This gentleman they threatened to flog, and prepared theinstrument of punishment; Brady interposed, and thus began his fatalcareer by an act of gratitude. He had experienced some kindness from thesurgeon when a patient, and forgave his official attendance at thetriangles. These men were usually friendly to the doctors: anothermedical gentleman, afterwards taken prisoner by Brady and his gang, wasallowed to retain his lancet, and treated with respect, although robbedof his money. A few days before, he had released one of the party frompunishment, by alleging his physical inability. It was thus in the powerof the surgeons to favor the prisoners, and to mitigate the sentence ofa rigorous magistrate. 

The party having obtained a boat, proceeded towards the Derwent, andwere pursued by Lucas, the pilot, without success. They left on the 9th, and appeared on the east coast of the Derwent on the 18th June, at theresidence of Mr. Mason: having beaten him with great violence andcruelty, they next robbed a servant of Mr. Gunn of fire-arms. They werepursued by this officer, and five were captured. These were instantlyplaced on their trial, and were desirous of pleading guilty; but courtshave always manifested dislike to such evasions of trial, and theyretracted, on the persuasion of the chief justice. They attempted toextenuate their crimes by the hardships they had suffered, but in vain. 

The advice to a person accused to plead not guilty, though anomalous inits aspect, is yet usually a proper protection to the ignorant anddefenceless: such, under an impression of general guilt, might admit anaggravated indictment, and lose the advantage of those distinctions madeby legislators on public grounds, between crime and crime; or theexecutive might delude a prisoner with fallacious hopes of mercy, toprevent the disclosure of extenuating facts to conceal official wrong;while ignorance of the details of a crime, might destroy the moralweight of exemplary punishment. 

With these men was executed Alexander Pearce, whose confessions to thepriest were, by his consent, published at his death. He formed one ofthe second party who absconded from Macquarie Harbour (1822). They hadplanned their escape with considerable skill: one was a sailor, and ableto direct their course: they possessed themselves of a boat, andproposed to capture the vessel of the pilot, then laden for town. It wasthe custom, when a prisoner was missing, to kindle signal fires alongthe coast, thus giving notice to the sentinels: to prevent suchinformation, the absconders poured water on the embers kept inreadiness. This was not effectually done: and thus, when they hadproceeded half-a-mile, they saw the smoke rising, and their passage cutoff; they therefore landed, destroyed the boat, and entered the bush. They now commenced a course of fatigue and horror: they began to murmur, and then to discuss the terrible alternative of general starvation:two, who overheard the proposition, returned to the settlement, but diedalmost immediately, from exhaustion. The rest travelled on, lessened atvarious stages in their course by their fatal necessity, till two onlysurvived; these were, Pearce and Greenhill--the last, the victim. Theyspent two days and nights watching each other! Greenhill, who laid hisaxe under his head, to guard against surprise, first slept! Pearce wasnow alone, and destitute; but at length he came to a fire of thenatives, and obtained some fragments of the opossum: at last he reacheda flock of sheep, and seized on a lamb, which he proceeded to devourundressed. He was discovered by a stock-keeper, and when he surrenderedwas received with great kindness and sympathy. His host introduced himto the bushrangers then abroad; but being afterwards captured, he wasagain forwarded to Macquarie Harbour. 

Such suffering might have been expected to overcome all future desire toabscond; yet, in company with Cox, Pearce again left the settlement:they remained several days in the neighbourhood, and then attempted toreach the northern part of the island. Pearce slew his unsuspectingcomrade. Horror took possession of his mind; or, despairing to effecthis escape, he returned and made signals to the _Waterloo_, then passingthe coast. He confessed his crime, and professed a wish to die. [169]

These cases indicate the rapid process by which the habits ofcannibalism are formed: the details of his trial were given in the_Gazettes_ of the period, and are contained in the parliamentary papers;but who could bear to examine the diary of such a journey, or todescribe the particulars of those sacrifices which fill the soul withunutterable loathing!

Arrests were constantly made, but did not diminish the number, or daringof new adventurers. Their exploits were contagious: many fled from theemploy of government, and the service of settlers, and forfeited theirlives after a short career. An instance will show the extent of theiroperations. By his spies the police magistrate was aware that a largequantity of goods would be offered to a certain person for sale, whom heinstructed to purchase, and to pay partly by check and partly in cash. At midnight he surrounded a house in Hobart Town, with soldiers andconstables: there he found the men he sought--their arms, their plunder, and the check. They had pillaged the dwelling of Mr. Haywood at theMacquarie, a district rarely free from depredations. One of the robberswas formerly, and a second more lately, in the service of theprosecutor, and a third was a neighbour. They had entered, by pretendingto deliver a message, and assaulted both Mr. Haywood and his wife: theyfired several shots, and left them with threats. They were promptlytried and executed. 

Not long after, the same establishment was visited by Brady: he took butlittle, and assured the prosecutor he need not fear retaliation, forBroadhead, the leader of the last party, _was not a bushranger_!Eighteen were taken in one week, but they increased with equal rapidity. 

The Governor, baffled by their lengthened defiance of the efforts toquell them, attributed cowardice and corruption with an unsparingbitterness; yet the difficulties even of the well-disposed were great, and they were often ignorant of the movements of the robbers. Theirretreats were often in the forests, and known only to themselves; and atsome future time property will be detected, the relics of early robbers, who carried with them to the grave the secret of their hidden spoil. Occasionally, the hut of a bushranger has been observed: one, curiouslyformed, was found by soldiers on the brow of Mount Wellington; andbefore the door, a salting apparatus. The servants of the Van Diemen'sLand Company saw a hut at St. Patrick's Plains, beyond the Great Lake(1826). At a distance it resembled a gigantic fallen tree, and in itscentre and side were doors, from which the whole plain could be surveyedand surprise prevented. 

The Governor denounced the miserable fear of personal danger--certainlymore natural in the bush than the council chamber. Doubtless many, equalto the bravery of an actual conflict, preferred to pay black mail torobbers, rather than risk their sudden inroads and secret vengeance. Norwas it at all certain that a marauder, when captured, would be detained:some broke from their prisons; from Launceston, a band together, whorenewed their pillage with increasing diligence. Among others, theyattacked the house of Mr. Harrison, and maintained a fire which riddledhis premises. These men attempted to fortify themselves by erectingstone fences on the peak of a hill at the Macquarie: there they weresurprised and taken. The insecurity of the prisons, and the mode ofdisposing of respited offenders, made it not unlikely that an officiouswitness would be called to a future account: thus an old man, whoprosecuted a burglar, was visited by the culprit when he returned fromMacquarie Harbour; violently beaten, robbed, and threatened with death. 

To distinguish these men was no slight difficulty: they often pretendedto be constables, and were in possession before the error wasdiscovered. One, still more serious, sometimes happened: thus twoconstables saw two armed men enter a hut, and approaching challengedthem; answer not being promptly given, they fired, and severely woundedboth the astonished policemen. Nor were the settlers exempt from suchperils. The bushrangers, often well dressed and mounted, made everytraveller an object of suspicion: when riding over the Cross Marsh, Mr. Hodgson was challenged by the military stationed there; his motions ofrecognition they understood as defiance, and fired. To his remonstrancesthey answered with insolence, and expressed a wish that the shot hadproved fatal. On a prosecution the rash soldier was acquitted, no malicebeing presumed (1826); and the attack was deemed a contingency ofcolonial life. 

Among those whose crimes obtained them the greater notoriety, wereBrady, M'Cabe, Jeffries, and Dunne: well mounted upon horses, and armedwith muskets, they scoured the colony: murder, pillage, and arson, rendered every homestead the scene of terror and dismay. Those settlersmost exposed, often abandoned the business of their farms: theirdwellings were perforated with loop-holes, their men were posted assentinels, and all the precautions adopted, necessary in a state of war. But though not without supporters and accomplices, the bushrangers werein far greater danger of betrayal and capture than at a former period. The settlers, much more numerous, and of a higher class, felt that thesuppression of the robbers, or the desertion of the colony, were theonly alternatives. Governor Arthur exerted all the powers of governmentagainst them. Thus the issue was not long doubtful, although the contestcost many lives. 

In July, 1824, a party under James Crawford, appeared on the river, andhaving robbed the house of Mrs. Smith, they loaded her servants withtheir plunder, and drove them towards the establishment of Mr. RobertTaylor: meeting his son, they compelled him to bear part of the burden. The family observed the party approach, and armed to meet them. YoungTaylor called to his father not to fire; and when he came near hisfriends, he managed to escape from the robbers: a general skirmishensued. The young man seeing a piece levelled at his father, seized theassassin by the throat, and pulled him down: this brought a comrade tothe robber's assistance: one of the servants became alarmed for youngTaylor, and fired; unhappily, the shot was fatal to the youth for whoseprotection it was intended. The robbers now made their escape, leavingbehind, beside two of their companions, their arms and plunder. GovernorArthur addressed a letter of condolence and praise to the sorrowingfamily: their neighbours expressed admiration of their courage, andpresented a piece of plate to them, in testimony of their sympathy andesteem. Their example was exhibited by the Governor to the imitation ofthe colonists, notwithstanding its terrible issue. 

The overseer of Mr. Kemp was met by Brady and his party, and taken tohis master's house; there he was ordered to gain admission, which he didby answering the challenge of his employer: the bushrangers havingpossession, robbed the house, in the presence of seven assigned servantsand two free persons. Yet it was not a small risk to begin the _melée_;and it was not reasonable to expect men, in their civil condition, tohazard life to protect the property of a master, for whom, perhaps, theydid not entertain much love. Thus the settlers could not always dependupon their men: many of whom saw, with pleasure, the vengeance inflictedon masters who had sometimes procured their punishment; and, partly bysympathy and partly by fear, they were deterred from rendering effectualassistance. Three men, with blackened faces, visited the residence ofCaptain Allison at Sandy Bay: he met them with uncommon courage, butwas struck down and beaten; he appealed to his servants, who onlymuttered a reply to his calls for aid. Mrs. Allison joined herentreaties, when at length an atrocious woman (Hannah Bell, afterwardsnotorious) said to the robbers, in a tone of sarcasm, --"Come men, don'tkill him quite out. "

One of their most daring exploits was the taking of the town of Sorell, and the capture of the gaol. They entered the premises of Mr. Bethune, of which they kept possession until dusk on the following evening. Twogentlemen, who arrived there during the day, they detained: theystripped them of their clothing, and tendered the prisoner dress inexchange; this being, however, declined, one of the gentlemen wore noother covering than a blanket. These, and others, eighteen in number, they compelled to accompany them to Sorell. A party of soldiers, who hadbeen employed in pursuit all the day, and who were worn out withfatigue, while cleaning their guns, were surprised in the gaol. Bradylocked them up in a cell, and offered liberty to the prisoners he foundthere; one of whom, who was charged with a capital offence, for which hewas afterwards executed, declined the opportunity to escape. The gaolerhastened to inform Lieutenant Gunn, who was in the neighbourhood, andthus prepared for the arrival of the robbers: while raising his arm, hereceived a shot above the elbow, which rendered amputation necessary. This officer had been employed in the pursuit of the marauders for aconsiderable time, and his gigantic stature, courage, and energy, rendered his name formidable: he received from the public a valuablepresent, and a pension from the colonial fund. 

The roads were infested, and communication was dangerous: travellerswere arrested and tied to trees; and sometimes, though not frequently, treated with cruelty. To preserve their property, the settlers resortedto concealment and stratagem: among the rest, the contrivance andcoolness of an old woman, merits remembrance, who knowing that therobbers were on the road provided a paper of blank notes, which shedelivered to them, and thus saved a considerable sum, the result of hermarketing. 

Their close pursuit at length filled them with a spirit of mischief, andthey perpetrated various acts of cruelty and wanton devastation. Amongtheir most ordinary pleasantries, was forcing the people of anestablishment to drink to drunkenness: thus their recollection becameconfused; they could not follow, and the robbers enjoyed the scene oftheir helpless intoxication. They held a pistol to a servant of Mr. Hance, of the river Plenty, and compelled him to drink a large quantityof rum: they then led him off the farm and left him. He was discoveredsome time after by a shepherd, his dog fondly licking his face: whenraised up, he called for water, and died. Inflammation causedmortification of the intestines;--the tender mercies of the wicked arecruel! Not content with pillage, they destroyed the wool of three years'clip, the corn stacks, and the barns on the establishment of Mr. Lawrence, by fire. Several other settlers experienced similarvisitations. The Governor issued a proclamation, five hundred copies ofwhich were scattered through the colony. He threatened with death allpersons who might afford them countenance. He offered rewards to a largeamount: for every bushranger mentioned in the notice one hundredguineas, or three hundred acres of land; or to prisoners, money and afree pardon, whether directly or indirectly engaged in the capture; andto the chief constable in whose district the robber should be taken, onehundred acres. He complained that sufficient energy and co-operation hadnot been employed, and called upon the magistrates and other persons tocombine for the liberation of the country. He himself resolved to fixhis residence at Jericho, to direct the operations; and the inhabitantsof Hobart Town formed themselves into a guard, that thus the soldiersand constabulary might be wholly employed in this important service. Therobbers, however, being mounted, were enabled to move with considerablerapidity, and carried on their depredations in every part of the island. 

By acts of wantonness and vengeful barbarity, they intended tointimidate the prisoners. They called Thomas Preston from his hut, onthe South Esk, and deliberately shot him. They took Captains White andSmith prisoners: the last, they made to kneel--their usual preparationfor murder; but were induced to spare his life, by the intercession ofhis companion, who appealed to their humanity on behalf of his wife andchildren! They endeavoured to capture the _Glory_, belonging to one ofthese gentlemen; but finding the wind unfavorable, they relinquishedthat purpose. While Brady was on a hill, watching that vessel, aconfederate escaped, intending to betray them to Colonel Balfour: one ofthe party, stationed as sentinel, was tried by a sort of court martial, for permitting his elopement; he was shot, and flung into the Tamar. They sent word that they would visit Launceston gaol, carry offJeffries, and put him to death. Their message was of course treatedwith contempt, but they landed and advanced to the residence of Mr. Dry, who was then entertaining a number of his friends. The bandittiplundered the house, and were packing up their booty when ColonelBalfour, to whom a messenger had been dispatched, arrived with tensoldiers and surrounded the house: the robbers retreated to the backpart of the premises, and fired into the rooms. It was dark, and whenthe firing ceased, they were supposed to have retreated. The colonel, with four of his men, hastened to protect the town, to which a divisionof the robbers had been sent by Brady. As soon as he departed, some ofthe party again showed themselves: Dr. Priest joined Mr. TheodoreBartley, and the remaining soldiers; unfortunately, his clothing beingpartly white, enabled the robbers to take aim. His horse was shot dead:he himself received a musket ball, which wounded him above his knee; andrefusing to submit to amputation he lost his life. 

Exasperated by these crimes, the whole country rose against them: theywere sought in every quarter. The settlers, and soldiers scattered overthe colony, at the first notice of their appearance, were prepared tofollow them. The Governor himself took the field, and infused vigourinto the pursuit; and in less than a month the chief robbers were in thehands of justice. Brady, wounded in the leg, was overtaken by thesoldiers, and surrendered without a struggle. With Jeffries, he wasconveyed to Hobart Town. A large crowd assembled to see robbers, whowere admired for their boldness by many, as much as they were detestedfor their crimes. 

The most ferocious of the bushrangers was Jeffries: he obtained hisreprieve in Scotland, to act as executioner. [170] Being transported tothis country, he was employed as a scourger, and thus trained tocruelty, entered the bush. He robbed the house of Tibbs, a smallsettler, and after wounding, compelled him, with his wife, to proceed tothe forest. The woman carried her infant: Jeffries was disturbed by itscries; perhaps, fearful that the sound might conduct his pursuers. Hetook the child from the arms of its mother and dashed out its brainsagainst a tree! When captured, he was taken to Launceston, where thepeople, exasperated by his unusual guilt, were scarcely restrained, fromsummary vengeance, by the presence of a strong guard. While in prison hemade sketches of his murders, and wrote memoirs of his life! Hiscountenance was an index of his character. Not so with Brady; who, though guilty of heavy crimes, pretended to something like magnanimity:he was drawn into the plan to escape, contrary to his own judgment, andthen said the _die_ was cast. His robberies were skilfully planned anddeliberately executed: he often restored such articles as the sufferersspecially valued. To every indictment he pleaded guilty: it was thoughtin contempt of justice; but certainly in the full conviction that it wasuseless to expect either mercy or acquittal. 

An instance of his persevering vengeance, which rests on the authorityof a magistrate, may be worth remembering. A man, who had been aconfederate, determined to entrap him: Brady on approaching his hut felta presentiment of treachery; but at length was persuaded to advance. Theconstables were in ambush: they fired, and both himself and hiscompanion were arrested. Brady, wounded, was left bound in the hut withhis betrayer, while the constables conducted his comrade to a place ofconfinement. He now requested to lie on the bed, and that a kangaroo rugmight be thrown over him: this done, he disentangled his arms and askedfor water. The guard laid aside his gun to procure it; this Bradyseized, and in his turn became captor. While bound, he reproached theman for his perfidy, who said that he could but die; and that there wasneither God nor devil! But being now in Brady's power, he fell upon hisknees, and prayed him, for _God's sake_, to spare his life. Bradyreminded him, that he had just said, "there was no God;" but added, thatthe report of the gun might give warning of the state of affairs. Hebade him beware of their next meeting, and departed. Afterwards, incompany with his gang, he met this man, and holding a pistol to hishead, told him to say his prayers: the man, finding remonstranceuseless, coolly placed his head against the door of the hut, and said, "fire!" and was shot dead. 

Permission being given for prisoners to unite with the bushrangers, tobetray them, men in irons left the town secretly, joined the gang, andgave intelligence to the police. This manoeuvre was soon worn out. Aprisoner, who escaped from gaol, desired to join them in good faith; butbelieving him a decoy, the gang adjudged him to suffer death. He wascompelled to drink a quantity of laudanum: they then left him; but hisstomach rejected the drug, and after a sound sleep he recovered. Heagain met Brady and his gang: two pistols were discharged at him: hefell, and was left for dead; but the wound was not mortal, and revivinghe determined to deliver himself up. He was, however, again unfortunate:he met Brady and his companions once more, who again fired; but thebullet, instead of entering the skull, glanced round it. He fellsenseless to the ground, and was thrown into a dry creek; he, however, recovered, and long survived these adventures. [171] The high authorityon which this anecdote rests, is quite necessary to suppress thequestion of its truth. 

During two years ending with 1826, one hundred and three personssuffered death, being 3 8-15ths in proportion to one thousand of thepopulation: more than in Great Britain. He who looks at these statisticsalone, will conclude not only that the people were wicked, but that thegovernment was cruel. At one sitting of the court thirty-seven personswere sentenced to death; and of these, twenty-three were executed in thecourse of a fortnight: nine suffering together, and fourteen others ontwo days closely following. A sacrifice of life so unusual, could onlybe justified by the peculiar circumstances of the colony, and thecharacter of the criminals; and the notions which then prevailedrespecting the punishment of death. 

We are forcibly reminded of a passage in Lord Coke:--"If a man could seeall the _Christians_, that in one year come to that untimely andignominious death--if there were any spark or grain of charity in him, it would make his heart bleed!" The extreme pains taken to reconcile theunfortunate beings to their lot; the assiduity of the clergy to make up, by the assurance of divine mercy, the inexorable fate which awaitedthem; proved that these awful slaughters were onerous to the colonialconscience, and vindicable only as the last resort of the lastnecessity. The Governor must be acquitted of great blame. A discussion, of considerable warmth, arose (1825-6) on an address being presentedfrom fifty persons, who complained of the delays of justice onbushrangers already condemned. The gaol was crowded, and the prisonersseemed not unlikely to escape: several did actually break out of prison. This memorial was transmitted by the government to the chief justice, who, while he disdained giving reasons to the colony, vindicated hiscourt: the magistrates neglected the depositions; the attorney-generalthe indictments, and the jury their summons. He had sat in a silentcourt until ashamed, while prisoners awaited deliverance. He had oftenfelt disposed to discharge them; some of whom were detained longer fortrial than for punishment. He could not perceive how the delay ofexecution could facilitate the evasion of capture by those at large. Intransmitting this reply, Arthur took occasion to refer to the colonialpress, supported by several of the memorialists, as largely implicatedwith the crimes of the bushrangers. He traced, with some artifice, theviolence of the robbers to political dissensions, as inspiriting men whoeasily confounded "the liberty of writing and the liberty of acting. " Tobe satisfied that the Governor did not seize an occasion of rebuke, rather than account for a public misfortune, is difficult; and not less, to sympathise with the petitioners. It is common for private individualsto deprecate the severities of public justice, but the awful state ofthe colony must be admitted, when fifty persons, among its most opulentand even humane inhabitants, were anxious to hasten the offices of theexecutioner. 

The ignorant and brutal among the prisoners rushed into violence andcrime, with a recklessness of life scarcely credible. Not less than onehundred were in arms at that time:[172] most of them were abscondersfrom the various penal stations, and had exhausted all those forms ofseverity which stopped short of the scaffold. Of seventy-three sentencedtogether, nine were for sheep-stealing, four for forgery, five formurder, and twelve for robbery; besides four for the offence known ingaols under the name of blanketing, who were ordered for execution--apunishment which was commuted, being even then thought too severe for atheft committed in gaol. They threw over the man whom they robbed ablanket, and raised loud outcries; and in this form effected theirdesign. 

A few of the cases tried on this occasion, will better illustrate thecondition of the colony than any general description. The murderers ofAlexander Simpson, a settler at Pittwater, pillaged his shop, where hewas accustomed to sleep for the protection of his property: his body wasfound in the river, decapitated, and his flesh torn from his bones; inmany places literally bare. On closer examination, the mark of a cordwas observed round his neck, which probably occasioned his death. Themangling of his body was intended to destroy the proof of identity: nomarks or signs of struggling were visible, nor was the head discovered. One of the murderers dropped an expression, from which guilt wasinferred. Suspicion was directed to several of the neighbours: articles, such as the deceased possessed, were found in their dwelling, _wet_;others were discovered in a house adjoining the deceased's, _also wet_;the accused were seen together, on the night of the murder. Twenty-twowitnesses gave evidence to facts, all of a circumstantial nature; butsufficient to secure a verdict against them. This crime was consideredbut a type of many, committed in a neighbourhood, the traditions ofwhich furnish many a tale of blood. 

Among those who suffered death, were several whose captors acquiredconsiderable reputation for their courage. Three were taken by Lucas, the pilot, assisted by a man and a boy, to whom they surrendered witharms in their hands: they had just before committed a robbery at thehouse of Mr. Holdship. On his defence, one of their number told thejudge, that whatever might be law, he himself could not consider that tohold a pistol at the head was to offer violence! Several others belongedto a party which had escaped from Maria Island, a new penal settlement. On their landing, they advanced to the house of Mr. Gatenby, and wereseen approaching by his son, who took up his gun and went out to meetthem: he called upon their leader to lay down his arms, which heanswered by a discharge. Mr. Gatenby returned the shot, which provedmortal. The companions of the robber endeavoured to carry him off; butfinding this useless, they retreated, and re-appeared at the premises ofMr. James Robertson, on the South Esk, whose lands, and those of hisassigned servants, they tied, excepting one who was lame. Mr. W. Graycoming up on horseback, they made prisoner, and bound him in a similarmanner. The leader of the robbers mounted his horse, while the restguarded the gentlemen and servants, and marched them on towards theriver. Mr. Gray disengaged his arm, and by a signal seized onebushranger, while the lame man assailed another. Mr. Robertson alsoreleased himself, and got possession of the guns. The robbers wereoverpowered: one only escaped, but was captured the following day. 

The Governor was not slow to acknowledge these instances of gallantry. The courage of the masters, and the fidelity of their men, were held upto the colony as brilliant examples, and to the robbers as a proof thatpersons of the same civil condition had no sympathy with their crimes;that their career would be short, and their capture certain. Tickets-of-leave were granted to the men, with a promise of fullfreedom, as a reward of one year's service in the field police. The_Government Gazette_ observed, that such presence of mind and personalbravery, in another age would have entitled the captors to armorialbearings; they, however, received donations of land, perhaps not lessvaluable in this meridian. 

Amongst others who received a reprieve, was William Kerr, convicted offorging, in the name of the chief justice, an ingenious device, which, if it did not preserve him from conviction, perhaps rescued him from aseverer fate. He was advanced in years, and said to be a near relativeof the Earl of Roxborough, and a brother to Lord Kerr. In gaol, he wasconspicuous for his zeal in attempting the instruction of his fellowprisoners, performing the office of chaplain in the absence of a better!These unfortunate beings were placed together in cells, too narrow toallow retirement or freedom from interruption: their attempts at escape, once or twice nearly successful, rendered it necessary to load them withirons. The time of execution was fixed, ere they wholly despaired ofliberty. There was not, however, deficiency of clerical attention: Mr. Corvosso, the wesleyan minister, joined with Messrs. Bedford andKnopwood, in this awful task. 

Large crowds assembled to witness the first execution; but when thenovelty was over, the interest subsided. The last assembly was moreselect: in the description given by Dr. Ross, we seem rather to read ofa martyrdom than an expiation. They came forth, he observed, withcountenances unappalled: the light of truth rendered that ignominiousmorning the happiest of their lives. They prayed in succession, in adevout and collected manner: one in particular, with a countenanceserene and placid, expressing his thanks to the chief justice for hisimpartial trial; and to the Governor for rejecting his petition forlife. In this tranquil frame they submitted to the executioner. Thespectators were affected to tears: the officers and clergymen, overpowered, hurried from the scene: the criminals died, as they weresinging--

 "The hour of my departure's come, I hear the voice that calls me home; Oh, now my God, let troubles cease, And let thy servant die in peace. "

About this time Dunne, the bushranger, was executed: he attained aconsiderable distinction by his crimes; more, by his protracted evasionof pursuit, and his sanguinary resistance of capture; and still more, bythe ceremonies of his execution and the honors of his funeral. He cameforth to the scaffold, arrayed in a robe of white, adorned, both beforeand behind, with a large black cross. He wore a cap with a similartoken, and carried a rosary in his hand. He was presented with a coffinof cedar, ornamented with the devices of innocence and sorrow; andbearing a plate, which told his name and the time of his death! As headvanced, with several youthful fellow sufferers (of whom it is onlysaid, that they seemed _much terrified_), he continued to exclaim, smiting his breast with theatrical expression of grief--"O, Lord, deliver us!" He was followed by forty couples to the grave. Such werethe honors paid to a murderer. It is not astonishing, that witnesseswere insulted, and had to appeal for protection. A proposition was madeby the government newspaper, to render penal the taunts which prisonerswere accustomed to use against such as assisted in the suppression ofoutrage. 

The public effect of these exhibitions will be extremely questionable bysober-minded and pious men. To see a criminal depart from this life in ahardened and contemptuous spirit is, indeed, appalling; but theserenity, and even rapture, thus common when terminating a career ofguilt and cruelty, often entered into the calculation of transgressors. Among the miserable forms of vanity, is the triumph of boastingpenitence; and even when nothing else remains, the _eclât_ of a publicexecution. Some were anxious to commit to writing their own lastconfessions of guilt, to secure a posthumous interest in the terror orpity of mankind. [173] The fullest appreciation of that system of mercy, which never separates religious hope from the living, would scarcelyjustify confidence, founded on such demeanour and language between thecell and the scaffold. 

Scarcely had this scene closed, when the prisoners in the penitentiary, allured by the prospect of escape, broke through the gaol, and seized aboat: as they approached the _Emma Kemp_, a premature display of musketsconvinced them that their plan was discovered. It was, indeed, known bythe officers of the gaol prior to their departure; who, calculating ontheir arrest, permitted the consummation of their plans. This cost themtheir lives: they retreated to the shore, robbed Mr. Mortimer of eightstand of arms, and commenced their career as bushrangers. They wereevidently unwilling adventurers, and soon taken. The Governor, at theirexecution, compelled the attendance of the prisoners, in the fallaciousbelief that the sight would prove admonitory as well as terrible. 

Several were mere youths: their obituary, furnished by the indefatigablechronicler of executions, Dr. Ross, is not without interest. There wasDunhill, six feet three inches high and handsome, a frequent attendantat criminal courts; whose father was a prisoner for life, and whosefamily, once the terror of Yorkshire, were mostly transported orexecuted. There was Child, the son of a Bristol merchant, who, as therope was adjusting, said, "I know I shall go to heaven!" There was aScotch boy, who sang as he went; but said he was ruined in thepenitentiary. Another had driven his mother to self destruction. 

Nine men were executed towards the close of the following year, for themurder of a constable, named George Rex, at Macquarie Harbour: theirleader, James Lacy, a person of considerable talent, was saved on aformer occasion by the mediation of the Rev. W. Bedford, who representedthat to Lacy's influence a settler owed his life. Having planned anescape, they seized the constable; and having bound and gagged somefellow prisoners, whom they rejected as accomplices, they took Rex andpushed him into the water, and held down his head until life wasextinct. They then formed a raft, but it was insufficient to conveythem: three only landed on the main, and were pursued and retaken. Thesole witnesses summoned against them were prisoners, who prevaricated intheir testimony; but the presence of surgeon Barnes supplied theevidence they thought proper to conceal, and insured the conviction. Atthe close of the trial, Lacy leaned over the bar and said, "had it notbeen for you, doctor, we should have pulled through. "

Lacy was conspicuous in the press-yard for his fervour, and delivered ananimated warning to the multitude, who were drawn together to witness anunusual sacrifice of life at one drop! Dr. Ross, who still endeavouredto rally round the scaffold some special interest, gave an artisticdescription of their end; but he was astonished to observe how thesufferers themselves were but little affected, and the spectators less. He mourned over the unmeaning countenances of the mob, who felt littlebut curiosity when they saw them step from the full bloom of life to thegrave! Nor was it perceived by that zealous defender of lenity, when thegovernment was lenient, and of the severity, when the government wassevere, that the execution of nine persons for an act, in which threeonly actually participated, or perhaps contemplated, could only bepossible among such a people. It is rather a matter of exultation, thatthere is a limit, beyond which executions become the dullest of allentertainments. At that time no one would have thought a single suffererworth a glance of the eye. 

It is remarked, that the most notorious of these offenders were ratherprepossessing, except that their looks, by long residence in the bush, had acquired an air of wildness. The indicative theories of Lavater werenegatived by the usual aspect of these crowds of victims; but the mostimpatient of penal restraint, have been not only violent and corrupt, but often of resolute and generous dispositions; often possessing theelements of a mental character, which, had it not been perverted bycrime, might have been distinguished for the energy of virtue. On theprimary treatment of such men, everything depends; and their firstmaster determined whether they were to become active and intelligentagriculturists, or by pernicious indulgence, and not less ill-judgedseverity, to pass rapidly, by a reckless and resentful temper, from thetriangle to the scaffold. 

Such severe exhibitions of penal vengeance were intended to crush theinsurgent spirit; to prove to the prisoners that any forms ofcombination or resistance would be followed by severer suffering. There-action of that excitement assisted the future success of discipline. It convinced the masters that a neglected or careless management wasequally pernicious. But the natives, also became objects of terror: theoutlaw could not wander far without risk from their spears, or hovernear the settled districts without encountering the roving partiesemployed in their pursuit. Thus the ravages of white men almost whollyceased, during the conflict with the aboriginal tribes: the constablesand the blacks together beat up the quarters of absconders. 

But the precautions of the government were more effectual than itsseverity. Hitherto many had lived at large. At night their own masters;when not seduced by more serious temptations, their drunkenness exposedthem to the lash; and dread or resentment precipitated them into opencrime. In 1827, the enlargement of the penitentiary, and its betterorder, enabled the government to recall from private dwellings thoseleast worthy of trust; and to make the indulgence of a home a reward fororderly and industrious habits. The prisoners employed by the crown weredivided into seven classes. Some were permitted to labor one day weeklyfor their own advantage: these were the mechanics, who were detainedonly because they were artisans; others, on the roads, were allowed halfthat time, and by great exertions often obtained very considerable sums. The rest were in irons, or sent to the penal settlement under amagisterial sentence. 

The fate of many who had suffered death was traced by the Governor tothe imprudence and guilty connivance of the masters, or to the irregularmethods of payment long interdicted by the crown; such as cattle, allotments, or a portion of time. The executive council professed tofollow up these evils through every stage of their growth, until theywere finally consummated on the scaffold. [174] During twenty years theyhad been often condemned; but they were not extinguished until themarket was enlarged, and labor became scarce--so much do moral questionsdepend on material revolutions. 

The distribution of servants was made with more prudence, and somereference to their previous habits and mode of life; and a stand wasopposed to the sole superintendence of prisoner overseers, who wereoften the occasion of unjust punishments and criminal laxity. Theimpounding laws gradually cut off another occasion of mischief. Heretofore, large herds of cattle were under the charge of prisonerherdsmen, who were armed with guns. The wild and exciting employmentexposed the men to many temptations: their daring spirit and fearlessriding, rendered them objects of admiration; and created discontent inthe minds of prisoners who were tied down to the more quiet labor of afarm. Of eight men employed by Mr. Lord, a wealthy colonist, fivesuffered death for various crimes. [175] Such persons lived remote fromthe civilised community and the inspection of their employers: oftenthe channel of communication between the town receivers and countrythieves; nor this alone. The large herds wandering far beyond the limitsof the settled country, and without a recognised owner, suggested to thediscontented servant a resource, and led him to abscond where he couldsubsist on the flesh of slaughtered spoil. 

FOOTNOTES:

[Footnote 167: From Barnes' and Lempriere's account: compared, theydiffer in statistics; but Barnes copied his statements from the officialrecords at the Harbour. ]

[Footnote 168: _Par. Pap. _

Of 182 prisoners, 169 were sentenced in 1822 to 7, 000 lashes; that is, all were punished, except 13: and received each, upon an average, 400lashes--inflicted with the severity unknown elsewhere. ]

[Footnote 169: It has been suggested to the author, since the above wasin type, that the disclosures of this unfortunate being are not withouta moral, which may compensate for the disgust their perusal mayoccasion. They are therefore given in a note, which the reader may passover:--

"The Rev. Mr. Connoly, who attended this unfortunate man, administeringto him the consolations of religion, addressed the crowd assembledaround the scaffold, a few minutes before the fatal drop was let tofall, in words to the following effect: He commenced by stating thatPearce, standing on the awful entrance into eternity on which he wasplaced, was desirous to make the most public acknowledgment of hisguilt, in order to humble himself, as much as possible, in the sight ofGod and man; that to prevent any embarrassment which might attend Pearcein personally expressing himself, he had requested and directed him tosay, that he committed the murder of Cox, under the followingcircumstances:--Having been arrested here, after his escape fromMacquarie Harbour, Pearce was sent back to that settlement, where thedeceased (Cox) and he were worked together in the same gang. Coxconstantly entreated him to run away with him from that settlement, which he refused to do for a length of time. Cox having procuredfishhooks, a knife, and some burnt rag for tinder, he at last agreed togo with him, to which he was powerfully induced by the apprehension ofcorporal punishment, for the loss of a shirt that had been stolen fromhim. For the first and second day they strayed through the forest; onthe third made the beach, and travelled towards Port Dalrymple, untilthe fifth, when they arrived at King's River. They remained three orfour days in an adjoining wood, to avoid soldiers who were in pursuit ofthem, and were all the time, from the period they started, without amorsel to eat. Overcome by famine, Pearce determined to take Cox's life, which he effected by the stroke of an axe while Cox was sleeping. Soonafter the soldiers had departed, Pearce occupied the place they had beenin, where he remained part of a day and a night, living on the mutilatedremains of Cox; he returned to the settlement, made signal, and wastaken up by the pilot, who conveyed him to Macquarie Harbour, where hedisclosed to the commandant the deed he had done, being weary of life, and willing to die for the misfortunes and atrocities into which he hadfallen. 

The reverend gentlemen then proceeded to state, that he believed it wasin the recollection of every one present, that eight men had made theirescape, last year, from Macquarie Harbour. All these, except Pearce, whowas of the party, soon perished, or were destroyed by the hands of theircompanions. To set the public right respecting their fate, Pearce isdesirous to state that this party, which consisted of himself, MatthewTravers, Bob Greenhill, Bill Cornelius, Alexander Dalton, John Mathers, and two more, named Bodnam and Brown, escaped from Macquarie Harbour intwo boats, taking with them what provision the coal-miners had, whichafforded each man about two ounces of food per day, for a week. Afterwards they lived eight or nine days on the tops of tea tree andpeppermint, which they boiled in tin-pots to extract the juice. Havingascended a hill, in sight of Macquarie Harbour, they struck a light andmade two fires. Cornelius, Brown, and Dalton, placed themselves at onefire, the rest of the party at the other; those three separated, privately, from the party, on account of Greenhill having already said, that lots must be cast for some one to be put to death, to save thewhole from perishing. Pearce does not know, personally, what became ofCornelius, Brown, and Dalton: he heard that Cornelius and Brown reachedMacquarie Harbour, where they soon died, and that Dalton perished on hisreturn to that settlement. After their departure, the party, thenconsisting of five men, lived two or three days on wild berries andtheir kangaroo jackets, which they roasted; at length they arrived atGordon's River, where it was agreed, that while Mathers and Pearcecollected fire-wood, Greenhill and Travers should kill Bodnam, which theydid. It was insisted upon, that every one should partake of Bodnam'sremains, lest, in the event of their ultimate success to obtain theirliberty, any of them might consider himself innocent of his death, andgive evidence against the rest. After a day or two, they all swam acrossthe river, except Travers, whom they dragged across by means of a pole, to which he tied himself. Having spent some days in distress and famine, it was proposed to Pearce, by Greenhill and Travers, that Mathers bekilled, to which he agreed. Travers and Pearce held him, while Greenhillkilled him with an axe. Living on the remains of the deceased, whichthey were hardly able to taste, they spent three or four days, throughweakness, without advancing beyond five of six miles; Travers beingscarcely able to move from lameness and swelling in his foot. Greenhilland Pearce agreed to kill Travers, which Greenhill did while Pearcecollected fire-wood. Having lived some time on the remains of Travers, they were for some days without any thing to eat; their wants weredreadful: each strove to catch the other off his guard, and kill him. Pearce succeeded to find Greenhill asleep; took his life--and lived uponhim for four days. He was afterwards for three days without anysustenance; fell in, at last with the Derwent River, and found somesmall pieces of opossum, &c. , at a place where the natives had latelymade fires. More desirous to die than to live, he called out as loudlyas he could, expecting the natives would hear him, and come to put anend to his existence! Having fallen in with some bushrangers, with whomhe was taken, Pearce was sent back to Macquarie Harbour, from whence heescaped with Cox, as has been already stated, for whose death he is nowabout to suffer. "--_Hobart Town Gazette_, 1824. ]

[Footnote 170: _Ross's Almanack. _]

[Footnote 171: "The fact was also corroborated by Brady, when examinedby the gentleman from whom I got the account; and, strange as it mayappear, it is perfectly correct. "--_Breton's New South Wales_, p. 340. ]

[Footnote 172: _Gazette_, 1825. ]

[Footnote 173: The author is assured by a clergyman, that he has beendismissed his attendance upon a prisoner, within a few days of hisexecution, for refusing to write down the particulars of his life. ]

[Footnote 174: "The flagitious proceedings of several of these men wereclearly traced to have had their source in the weakness or impropertreatment of their employers, whose ill-judged neglect of discipline, orcorrupt toleration of irregularity, had contributed to entailconsequences so awful to those victims to offended justice. If it shallbe ascertained, any settler makes payment to convict servants in stock, or apportions to them land for their exclusive benefit, or suffers themto be employed in any other than his immediate service, every supportand indulgence of the crown will be withdrawn. "--_Gazette Notice, Sept. 1826. _]

[Footnote 175: _Ross's Almanack. _]

SECTION XIII. 

To preserve the continuity of this narrative, it may be advisable togive throughout the incidents which relate to Macquarie Harbour. Theshort but severe government (1824) of Lieutenant Wright was supersededby Captain Butler (1825), of whom the common testimony is favorable. Itseconomical results will be comprehended in that general view of prisonlabor, reserved for the close of this volume. He extended cultivation, and thus mitigated the sufferings of the prisoners; and by buildingships, varied the industry of the men--many of whom went down forpunishment, but returned skilful mechanics. 

Of all the thousands professing to bring back its consolation to thewretched, not one minister had been found--perhaps not sought for--totry there the remedies of the gospel. That a Wesleyan missionaryventured, entitles him to the esteem of mankind. Governor Arthursuggested, and even entreated this direction of missionary labours: hewrote to Joseph Butterworth, M. P. , and to the Colonial-office, and theRev. Mr. Schofield was appointed to enter this moral desert. On hisarrival in 1829, he heard terrific accounts of the perils of that place:he was told, that his labors would be useless, and his life sacrificed. He hesitated for a time; but Arthur declared that such a post of danger, he, as a soldier, should consider one of honor. 

Mr. Schofield proved that he was neither deficient in zeal nor prudence. The place prepared for his ministry was, indeed, comfortless: the windoverpowered his voice, and his congregation shivered with cold; but tothe men it was a new era. Having discoursed on the advantages ofknowledge, forty-seven prisoners requested instruction; and, assisted byMr. Commissary Lempriere, and countenanced by the commandant, he taughtmany to read. Capt. Butler marked a change in the temper of the men:punishments fell off one half; several were united with the wesleyansociety; and on the missionary's recommendation, their stay wasshortened. 

They only should ask the reality of such repentance, who haveendeavoured to reform the wicked. One man was specially pointed out toMessrs. Backhouse and Walker: the change in his conduct was great, andits effects visible: his demeanour, his countenance, and, said thecommandant, "his very voice was changed. " He had lost his arm by anaccident, which nearly deprived him of life. He had formed a cave at thebase of the island, reached by a steep slippery descent. It was here Mr. Backhouse joined him, as he knelt down on the rough floor of his coldcavern to adore the Almighty, for granting the privilege of solitude!Strange meeting, and strange subject of thanksgiving!

Messrs. Backhouse and Walker, of the Society of Friends, travelled thesecolonies (1831 to 1836), chiefly engaged in religious labors, andprincipally to admonish the prisoners. The volume, of which Backhousewas the author, attests their industry and accurate observation, whileperforming a mission, which the moral weight of their connectionsrendered of great moment. To understand this record of their labors, some acquaintance with science is requisite, and not less a knowledge ofquaker modes of thought. The adventurous and buoyant spirit of thewriter, which carried him into odd situations, is sometimes irresistiblydroll, in contrast with formal phrases. He was a gentleman of prudenceand sagacity: "he lifted up his heart to God; took his pocket compass, "and thus escaped some perils, both by sea and land; and carried toEngland a reputation, from which detraction has taken nothing, and whichfriendship would scarcely desire to improve. 

The capture of the _Cyprus_ in Recherche Bay, on the voyage to MacquarieHabour, was a stirring episode in the history of transportation. Itexcited vast interest in Great Britain, and was dramatised at a Londontheatre. The prisoners, who wage war with society, regarded the eventwith exultation; and long after, a song, composed by a sympathisingpoet, was propagated by oral tradition, and sung in chorus around thefires in the interior. This version of the story made the capture atriumph of the oppressed over their oppressors. The stanzas set forththe sufferings of the prisoners by the cruelty of their masters, whothey vainly attempted to please. It related their flight from tortureto the woods, and drew but a dreary picture of the life of an outlaw. Itpassed through the details of conviction and embarkation, and thendescribed the dashing seamanship of the pirates in managing the bark, once destined to carry them to that place of suffering; but which bore"bold Captain Swallow" to the wide ocean and liberty. Such was the song;but the facts were different. In August, 1829, thirty-one prisonersembarked on board the _Cyprus_; among them was Swallow, a seaman, whoeighteen years before had cut out a schooner at Port Jackson, and wasafterwards transported to Van Diemen's Land in the _Deveron_, CaptainWilson. 

This man, before he landed, exemplified remarkable courage. A dreadfulstorm disabled the vessel; the rigging was in fragments: it becamenecessary to cut away a portion of the wreck, which would probably costthe adventurer his life. The captain called for a volunteer, and allbeing silent was himself about to ascend, when Swallow remarking thathis own life was of little moment, accomplished the perilous task. Perhaps presuming on this service, he was found secreted on board the_Deveron_ on its homeward voyage, and was delivered to the Britishadmiral at Rio; he, however escaped, got to London, was retaken andreturned to this colony. Several others were capital respites, who hadbeen guilty of atrocious crimes. 

These men were entrusted to the charge of Lieut. Carew, and a guard often soldiers. On board they had provision for four hundred men for sixmonths, with a scanty supply of water. When he received the prisoners, Lieut. Carew was warned of their desperate character by the gaoler, though not of the precise nature of their crimes. The ammunitionsupplied was, however, insufficient--ten rounds each man: to spare thepowder, the muskets were not often charged. The berths of the soldierswere below, and the opening only sufficient to emerge unarmed: that ofthe prisoners was too small to permit their lying down: one openingadmitted air, without bars or fastenings, and could not be closed day ornight. It was necessary to exercise on deck, and at the time of thecapture the number allowed was exceeded, it is said by the connivance ofthe convict sailors. Several of the prisoners had before been relievedof their irons: among the rest, Swallow, the pirate captain; and whenthe assault commenced, there were nine, and soon after sixteen engagedin the fray. There were only two sentinels, and one other soldierunarmed on deck. Lieut. Carew had left the vessel to fish, accompaniedby the surgeon, the mate, a soldier, and the prisoner Popjoy. A fewminutes after, he heard the firing of a musket, and hastened towards thevessel; but when he reached her side she was taken. The struggle withthe sentinels seems to have been severe; and one of the soldiers belowfired a shot, which passed between the arm of Swallow and his side. Themutineers compelled them to surrender by pouring down water into thehold, and threatening to stifle them if resistance were prolonged: theywere also in danger of suffocation from their own gunpowder. Carewimplored the pirates to give up the vessel, and promised oblivion: whenattempting to board, they pointed several muskets at his breast. Atlength he consented to go ashore, with the soldiers and thirteenprisoners, who refused to share in the adventure; and, in all, forty-five were landed at different points of the bay. The pirates gavethem one sheep, a few pieces of beef, thirty pounds of flour, and half abag of biscuit, with a small quantity of spirit and sugar; and at dawnsailed from the coast. The refusal of a boat, cut off all immediatecommunication with the port, and gave time for considerable progress. The _Cyprus_ was without charts, but several of the mutineers were wellacquainted with navigation. 

The sufferings of the party on shore were inexpressible: theydistributed one quarter of biscuit daily, and subsisted chiefly onmuscles, found for some time, until a spring-tide covered them. Morganand Popjoy set out the next day for Hobart, and attempted to cross ariver, with their garments tied on their backs: they were driven back bythe natives, and were obliged to return, having lost their clothes. Fivemen started to head the Huon, and thus reach Hobart; and were saved fromstarvation, only by the party sent down to meet them. Morgan and Popjoy, under the direction of Carew, and encouraged by his lady, who displayedextraordinary fortitude, constructed a coracle of wicker work, abouttwelve feet long, formed of the wattle: they covered it with hammockcloth, and overlaid it with boiled soap and resin mingled, which theyhappened to possess. In this frail bark they boldly ventured to sea;and, notwithstanding a strong south breeze, happily found the _Orelia_at Partridge Island, twenty miles distant. Contrary winds had compelledthat vessel to put back to the island, and boats were instantlyforwarded to the relief of the sufferers, who for two days had beenwithout sustenance. Though several had received severe contusions inthe capture, and experienced much privation during the thirteen daysdetention, no life was lost. 

The circumstances attending the capture were subject to theinvestigation of a court martial. Lieutenant Carew was charged withneglecting the proper precautions, though warned of the extreme perilwhich demanded his vigilance; that he proceeded on a fishing excursion;that during his absence the vessel was surprised and seized; that heexhibited professional incapacity, and had been guilty of a breach ofthe articles of war. This trial lasted five days, and was fullyreported. The evidence is conflicting, and especially respecting thoseincidents which were supposed to suggest the capture to the prisoners:such as the neglect of the fire-arms, and the indulgence of theprisoners by a removal of their irons, and their access to the deck. Onthe other hand, the testimony was positive and multiplied, that Carewhad guarded the prisoners with great steadiness and rigour. That heapprehended no danger was certain--his wife and children were aboard;but he forgot that the desire of liberty makes men quick and desperate, and that they who had the miseries of Macquarie Harbour before them, made light of life. 

The arrangements of the vessel did not, however, admit of properprecautions. When two of these men, in company with sixteen otherprisoners, were sent down three years after to the penal settlement, there were ten soldiers to guard them: two only were on deck at once. Their prison was railed in, and closed down with triple bolts: thesentinels were doubled, and some sat continually in sight of theprisoners. [176]

The pirates proceeded to the Friendly Islands, and thence to the Islandsof the Japannese, where seven deserted, and the rest passed towardsChina. Four seamen presented themselves in a boat, having _Edward_ onthe stern, to a vessel at Whampoa, and stated that they had belonged toa lost ship of that name. Swallow was one of them: he was examined bythe committee of supercargoes at Canton, and produced a sextant on whichwas the name of Waldron, of the _Edward_. This name Swallow assumed, andsaid that he was captain of the _Edward_, of Durham; related his voyagesto various ports of South America, the Sandwich Islands, and Japan. Compelled to abandon his vessel, injured by the fire of the Japannese, the crew had divided into parties, of which himself and companions wereone. This deposition was forwarded to the company's secretary, andpassages were given free to Swallow and three others. A few days afterhe had sailed, four more appeared: Davis, who gave his name as Stanley, was examined; but he had forgotten the assumed name of the captain, andcalled him Wilson--this led to minuter inquiries, and he was sent home aprisoner. Information was instantly forwarded, and reached Englandbefore Swallow arrived with his companions, and a warrant was issued fortheir detention: the three were taken, but Swallow had left the ship atMargate, and for a time escaped. 

Watts, Davis, and Swallow, were ultimately tried for this offence by theAdmiralty Court, in London: the two first were executed, and Swallow wasacquitted. It is said that the proof of his participation, except bycompulsion, was incomplete. The events which led to their convictionwere curiously coincident. The Thames police magistrate was unable toproceed, and they might have been discharged; but the police clerk hadstudied the _Hue and Cry_, and was struck with their resemblance to thedescription. Popjoy, now in England, [177] pardoned for his good conductat the capture, had been recently before the magistrate for sometrifling offence, and to interest his worship had given the story of thecapture, the coracle, and all incidents of his intrepidity. He was thussoon found out by the police, and gave full proof of identity. He statedtheir crimes, their names, and secret marks which were discovered ontheir persons: one of them, the very day of the capture, had the figureof a mermaid punctured on his arm. Mr. Capon, the gaoler of Hobart Town, was in London, [178] and thus was able to supply important particulars. 

Several were forwarded to Van Diemen's Land, and tried by Judge Pedder:they pleaded that their concurrence was involuntary. The chief questionwas the actual position of the vessel; whether or not on the high seas. The military jury were not disposed to hesitate on this point, and whenasked repeatedly, whether they found a place shut in between two heads_the high seas_, they answered, without hesitation, "we do. " Only JohnCam suffered death in Van Diemen's Land. Robert M'Guire was tried lastfor this offence: in the scuffle, he wounded a soldier, who hadattempted to strike him, and whose testimony was decisive: he stoodsentry, with a military cross-belt and bayonet fixed; and wasrecollected by his refusal of liquor, which he warned his comrades wouldprove their destruction. 

The chief advantage of Macquarie Harbour was its total isolation; butthe opening of the country from the Derwent to the Gordon, destroyedthis seclusion. The bar gradually rising, became more dangerous: theplace was too distant for supervision or supply; its barren soil allowedno variety of labour or produce. The decaying buildings were of littleworth: there was nothing removable, except the doors and windows. Thesewere shipped on board the _Frederick_, of one hundred tons; and allbeing ready for sea, on the 11th January, 1834, Mr. Taw, the pilot, ascaptain, embarked with the master shipwright, Mr. Hoy, the mate, tenprisoners of the crown, and a corporal's guard. They were detained byadverse winds, and the pilot allowed the prisoners to land to wash theirclothing, all except one; they returned with great apparentcheerfulness. Two of the soldiers were permitted to fish near aneighbouring rock, and thus only two remained on board: while one ofthese, allured into the forecastle, listened to the singing of aconvict, the prisoners on deck handed out the arms. Messrs. Hoy and Tawendeavoured to recover possession, both by persuasion and force: therewas a short scuffle, and shots were fired: the balls passed near thegentlemen in the cabin, though they were not injured. Remonstrance beinguseless, they surrendered, and with the soldiers now recalled from therock, were sent on shore: thus, although the military and civil officerswere nearly equal in number, the mutineers accomplished their purposewithout loss of life. They sent next day a quantity of provisions, smallin amount, but, considering the voyage before them, more than such mencould have been expected to spare. The soldiers, gratified by theirfairness, forgot their own position in sympathy for the liberated men, and gave them cheers and good wishes. On the morning after, the windbecame fair, and a light breeze carried them beyond danger. 

When the mutineers had gained possession of the ship, John Barker, amariner, was chosen captain: he could take an observation, and direct aship's course; his mate was John Fair, and several others were sailors. By carrying too much canvas they strained the vessel, which requiredtheir constant efforts at the pump. They proposed to run to Valdavia, South America: they suffered from a gale of wind of nine days duration, which they weathered with great difficulty, and saw land on the 26th ofFebruary, having been six weeks on their passage. They resolved toabandon the brig: they had three carpenters on board, by whom the launchwas decked and rigged, and they left the _Frederick_ with her channelplates under water. Having landed, they discovered an Indian ploughingwith a wooden share: from him they could not obtain supplies; they, however, found that they were in the neighbourhood of Valdavia, and soonapproached the battery of that port, and were humanely received by theinhabitants. On examination they declared the entire facts of theirescape, and were allowed to reside under promises of protection. Theyappealed to the officials as _patriots_, and implored them to take theirlives rather than to restore them to the British. A few months after, H. M. S. _Blond_, Commodore Mason, excited their alarm; it however passedover: several married, and the governor and his lady honored thenuptials of the pirate captain with their presence. Shortly after, theywere put under friendly arrest, Commodore Mason having applied for them, and made some preparations to seize them by force; sending an armedboat, which the Americans repelled. The second "governor" was notequally favorable, but was conciliated by the promise of Barker andthree others to build him a boat: this accomplished, they seized her andabsconded. The governor exasperated at the loss, and theirperfidy--probably excited by his harsh treatment, and their constantapprehension of capture--arrested and delivered up their companions tothe _Blond_; who were sent first to England, and then to Van Diemen'sLand. 

They were tried in 1837: one of their number raised an objection, whichwas referred to the English judges, and decided in their favor. Thedefence was very ingenious: admitting the vessel was taken, it had neverbeen finished; it belonged to no port; it had received no name: it wascanvas, rope, boarding, and trenails, put together shipwise--yet it wasnot a legal ship: the seizure might be theft, but not piracy! Upon thewhole, the prisoners conducted themselves well: however criminal theescape, their kindness to the people they overpowered; their unusualunanimity, and prudent acknowledgment of their real circumstances; theirappeal to the _patriots_ for sympathy, and the ingenuity of theirdefence, --must be admitted as exhibiting qualities by no meansdespicable. 

But never was the government more culpable, or the prisoners less so, than in the instance of the _Badger_, a vessel of twenty-five tons, freighted with provisions for the East Bay Neck military station (1833). She was a fast sailer, and well found, and in charge of a mastermariner, a convict, and convict seamen. The escape was joined, andprobably planned, by Darby, late a lieutenant in the royal navy, andpresent at the battle of Navarino: a man of small stature but greatdaring. On his passage to the colony he had been implicated in a plot totake the vessel, which was partly known to a notorious receiver onboard, [179] who expected some favor by informing. The plotters intendedto shut down the soldiers and officer, to run for the American coast, and there allow those who thought proper to land, or to attend thevessel to her destination. Darby declared that, buried on the shores ofAmerica, he had considerable treasure. On his arrival in Van Diemen'sLand the affair on board was made known to the Governor, by whom Darbywas told, that if ever he attempted to abscond, or to enlist others inthe enterprise, he should suffer all the law could inflict. He was, however, placed at the signal station, and afterwards appointed toassist the water bailiff, and thus had always in view the means ofescape! A convict clergyman, employed as tutor by a member of council, was the companion of his flight. The loss of this vessel exemplified thelaxity of official oversight, where most required. No one could besurprised at the escape, which good men suffering in a good cause wouldhave naturally ascribed to the favor of Providence. 

FOOTNOTES:

[Footnote 176: _Backhouse's Narrative. _]

[Footnote 177: This man had been transported, when eleven years of age, for horse-stealing. He was lost off the coast of Boulogne. Swallow diedat Port Arthur. ]

[Footnote 178: On the affair of Ikey Solomon. ]

SECTION XIV. 

The escapes of prisoners might be called romantic, could romance enterthe province of crime. While the first fleet were at anchor offTeneriffe, John Powers slipped down into a boat attached to the_Alexander_ transport. He boarded a foreign ship: his offer to enter asseaman was refused. He then landed beneath some insuperable rocks:assisted by the governor of the island, his retreat was soon found. 

Such was the first absconder. The determination to escape from New SouthWales, induced the prisoners to listen to every project, and to committheir lives to boats of the most imperfect structure, in which they wereusually lost. But Bryant, an expiree, his wife and two children, andseven convicts, escaped in a small fishing boat (1790). He had purchaseda compass and quadrant, and obtained a chart of his intended course. They provided food for the voyage, and the boat was in excellent trim;they were met at Timor by the crew of the _Pandora_, sent to thesouthern seas to arrest the mutineers of the _Bounty_. Bryant professedto have suffered shipwreck: he was kindly received by the Dutch. He diedat Batavia; also one of his children and two of his companions: the restwere afterwards seized, and conveyed to England, where the story oftheir sufferings excited the public compassion, and they were merelydetained in Newgate for the unexpired term of their sentence. [180]

Their nautical intrepidity and their comparative success, inspiritedfuture attempts. But the most celebrated project was concocted by Irishconvicts, who proposed an overland passage to China! Of forty-four menand nine women absent, the greater part perished on this curiousenterprise. [181] Some, after the absence of several weeks, re-appeared, exhausted with fatigue and hunger. The Governor, finding it impossibleto prevent elopement by punishment, attempted to convince them byexperience. He furnished some of the strongest with provisions, andappointed them conductors, that they might proceed as far as possibletowards the desired land: they returned, only partially convinced thatflight in that direction was hopeless. 

The imagination of the prisoners pictured an elysium beyond themountains. A seductive rumour long prevailed, that in the interior acommunity of white persons were living in primitive innocence; but manyyears elapsed, ere the notion obtained the consistence of a story. In1833, an account was circulated in England, that white people were foundseveral days journey from the north coast of New Holland, in a villageenclosed by a wall to defend them from the natives. They spoke in Dutch, and stated that their ancestors, among whom were twelve females, camefrom a distant land; that their vessel was broken; that they travelledfar towards the rising sun; that many died by fatigue, and the restsettled on that spot--a beautiful valley, on the borders of a lake. Afull description of their habits and customs was given in the _LeedsMercury_, but which can have no interest to such as disbelieve theirexistence. [182]

The _Young Lachlan_, a vessel the property of Capt. Howard, was seizedat the Derwent, by sixteen prisoners (1819). The sails were bent; therudder was on board: she was freighted and provisioned for a voyage toPort Jackson. She lay outside the cove, and was to drop down the riveron the morrow. The four seamen were surprised, and shut down below: thedarkness of the night and a strong wind favored their escape; passingthe battery, unseen by the guard. At daybreak the pilot boat, with, aparty of the 48th regiment, gave chase: a sloop, the property of Mr. Birch, with another detachment, followed. The boat found the seamen onBruné Island, but both vessels returned without any other success. 

Arrived on the coast of Java, the robbers destroyed the vessel by fire. They then presented themselves to the authorities as shipwreckedmariners: their story was believed; but at length they were suspected ofpiracy, and imprisoned. Some of them confessed: all, except five, diedat Batavia, to which place they were transmitted, and the survivors wereconveyed to this colony by the _St. Michael_. The _Young Lachlan_ notbeing on the high seas their offence was not piracy: they were thereforecharged with stealing only. Their punishment was necessary, but whocould forget their temptation?

One of the more common methods of elopement was to hide in the hold of aship, often with the connivance of the sailors, until the vessel hadcleared. Scarcely did a ship quit the coast during the first years ofthe colony, without discovering, mostly too soon for the culprits, theirconcealment. Sometimes, to stir them from their stowage, the vessel wasfumigated. Ships calling at Van Diemen's Land often delivered upabsconders, found after they had weighed anchor. 

When secreted runaways were enabled to avoid detection until the shiphad advanced far on her voyage, they were conveyed to England, andusually surrendered to the authorities. A soldier, on looking down thehatchway of the _Dromedary_, when returning to England (1820), saw aspectre walking the deck below, who requested a glass of water: thesoldier alarmed, made known the vision; and after a search, a strangerwas pulled out from among the planks with which the vessel was laden. Having said "we, " repeatedly, in speaking of his condition, the presenceof another was suspected, and further search discovered hiscompanion. [183]

Morgan, a Welshman, who concealed himself, was more fortunate: havingmade a considerable sum by his labor, which he was desirous of carryinghome unbroken, he concealed himself in the hold of a vessel, and after afew days appeared on deck. He was carried to London, and handed to thepolice, when he coolly thanked the captain for his passage! He hadsatisfied the law before he ventured on his voyage. [184]

The penalties on merchantmen conveying prisoners in a clandestinemanner, were sufficiently severe. The most remarkable was the instanceof the _General Gates_, an American vessel, which carried off tenprisoner mechanics, and one free man;--a double violation of the locallaws. The _Dromedary_, store ship, was instantly sent in pursuit, andcaptured the vessel at New Zealand. An action for twelve thousand poundswas instituted by the Governor, and awarded by the court (1820). Thejudge, in his address, dwelt chiefly on the ingratitude of thedefendant, who, "being permitted to partake in a valuable fishery, hadabused the hospitality of the country, and had gone into lowpublic-houses to entice away their best workmen!" This, indeed, was thechief grievance, and occasioned the rigour of the pursuit and capture--astretch of power, it was deemed proper to compromise. 

It was made lawful to arrest any persons suspected of being illegally atlarge, and to detain them until they "proved otherwise;" the onus ofproof resting with the person apprehended: indemnity was provided forthose who did anything in furtherance of the act. In defence of thesepowers it was alleged, that tenacity of the forms of British freedom wasunsuited to a state of society, where of the adults more than one halfwere prisoners; and to distinguish them was impossible. The governmentmaintained that free persons, arrested in _bona fide_ error, were boundto regard their consequent sufferings as a tribute to the welfare of thecountry; but considering the ungentle spirit and ruthless instruments ofconvict government, it was necessary to check these prerogatives with aconsiderable responsibility. 

The arrest of Mackay, a free man, at Swan River, indicated the danger ofundefined powers, and the boundless arrogance of office. He was seizedby the commander of a vessel and delivered to the _Phoenix_ hulk, NewSouth Wales, where, loaded with irons of unusual weight, his clothingbranded, he was confined with prisoners destined for a penal settlement. Having been brought up by a writ from the judges, he was _discharged_, and _retaken_: again the court interfered, and the man--never known as aprisoner, against whom nothing but a general suspicion existed; who hadbeen torn away from a distant colony, and exposed to the contemptuoustreatment of those through whose hands he passed--owed his finalliberation to the interference of an advocate, and the firmness of thejudges. He obtained £200 damages, against which the government appealed, unsuccessfully, as excessive!

Absconding has been punished with various degrees of severity. By thefirst governors it was held a venial offence: before the law providedany specific penalty, it was usually flogging or a penal settlement. Acapital respite was, however, sent to Port Macquarie: within threemonths he absconded, with several companions, and started to reachTimor: on his re-capture, he was executed without further trial(1823). [185]

A colonial law, of 1827, made it capital to escape from a penalsettlement. It was intended to prevent a recurrence of those evils whichresulted from the Macquarie Harbour elopements. That it intimidated asingle person, to whom the chance of escape was presented, is extremelydoubtful: that it rendered their efforts more desperate, and theircourse more sanguinary, is far more probable. No one will contend forthe right of a prisoner to burst the bonds imposed by a sentence, yetwill it never appear to justify the sacrifice of life. Such laws areuseless: they outrage the common sentiments of mankind--more criminalthan the offences they intend to prevent: they belong to what Lord Baconstigmatised as "the rubrics of blood. "

Their extreme diffidence of each other, has rendered the combinedopposition of prisoners impossible. A guard of two or three soldiers issufficient to intimidate hundreds, and to prevent an open effort toescape. The sentinels have, generally, displayed forbearance andconsideration--the honorable characteristics of the British soldier. 

Governor Arthur recommended a declaratory statute, to subdue any doubtsrespecting their right to shoot absconders, which seemed common amongthe military. That right had never been called in question; and in twoinstances only, during fourteen years, was it exercised in this country. The sense of responsibility is a healthy emotion: promptitude in takingthe life of a runaway, however tolerated or authorised by law, couldnever be remembered by a soldier but as an odious execution. [186]

The piratical seizure of vessels lately, has not been common: escape iseasy in other forms. The elopement of individuals has been attended withno great perils, since the establishment of the surrounding colonies. Craft of small burden have been sometimes taken, and at the close of thevoyage dismissed. Prisoners have passed as merchandise, or boldlysubmitting to examination, have been lost in the crowd of emigrants. Acontrivance was recently discovered, by the fatal consequences whichfollowed it: a woman was enclosed by her husband in a case, and onarriving at Port Phillip was found dead. 

These instances comprehend most of those forms of escape which are foundin the colonial annals. They prove how powerful the passion for liberty, with which, when united to common intelligence, the threats of legalvengeance, or the vigilance of official guards, cannot cope. The sameinstinct, however, which induces men to break their bonds, restrainsmany more from transgression, and is a powerful auxiliary to the laws. 

FOOTNOTES:

[Footnote 179: Ikey Solomon. ]

[Footnote 180: _Collins's New South Wales. _]

[Footnote 181: Ibid. ]

[Footnote 182: Clarke, executed at Hobart Town (1835), and who for fiveyears wandered among the natives of New South Wales, asserted he hadseen an isolated colony of Malays, or some other nation, the remnant ofa shipwreck, which had existed for ages on the borders of a lake in thefar interior to the north of Sydney. This he affirmed to the last momentof his life. If reliance can be placed upon his testimony, the villagehe described is doubtless the same, and is yet to be discovered. "Clarkeaddressed the people from the scaffold, acknowledging his crimes, andimploring all who heard him to avoid the dissipated course, which hadled him to so wretched and ignominious an end. " Upon this execution Dr. Ross adds--"It is a matter of consolation that we have a pastor, possessed of the very peculiar--we had almost said tact--but we shouldrather say endowments, with which Mr. Bedford is gifted, for leading torepentance, and affording all possible consolation to the miserablebeings in their last extremity. "--_Courier, August_, 1835. ]

[Footnote 183: _Cunningham's New South Wales. _]

[Footnote 184: _Gazette_, 1824. ]

[Footnote 185: James Hawkins, a celebrated pugilist and pickpocket, wasnot less remarkable for his escapes. He was transported to Hobart Town, where he found several persons who invited him to become a bushranger:he refused, and devoted all his efforts to escape. In this he succeeded:soon re-transported for life, again he stowed himself on board a vessel, and returned to Weyhill, and was again transported. On his way to thehulks he once more got off his irons, but was secured (1820). In gaol hewas orderly and quiet, and refused all enterprises which might havecompromised his life. ]

[Footnote 186: _Par. Papers_. ]

SECTION XV. 

The principles of penal government recognised in the times of GovernorArthur, may be best ascertained from his despatches and orders, and fromthe writings of Dr. Ross, who, if not directly assisted by Arthur, wasinspired by his opinions. Whether those principles were practicallyapplied, will be known by reference to other testimony. The deviationsmust not, however, be ascribed exclusively, either to the Governor'sconnivance, or to the intrinsic defect of his system. He could not actalone, and the agents he employed were sometimes incapable, andsometimes corrupt. In his own writings, he repeatedly alludes to thegradual approximation to what he deemed perfection of detail: it costhim the labor of years. 

The estimate he formed, philanthropists are slow to entertain: one-thirdof those who arrived in these colonies, he rated incorrigible; the rest, chiefly affected by the prospect of reward or the dread of punishment, and indifferent to abstract good. In tracing crimes to their causes helargely ascribes them to poverty, and the pressure of classes on eachother. He enunciated a novel view of the mental character ofcriminals--that they were subjects of _delirium_; that they saw everyobject through a false medium; and that no treatment could be successfulwhich did not restrain them by an enlightened rigour. This view, givenin a code of rules[187] for the management of road parties, wasattributed to the reasonings of a medical member of his government: thenotion it embodies, he himself ascribed to long experience in themanagement of prisoners. His observation supplied the facts; hiscouncillor, perhaps, constructed the system. 

He believed that to remove the opportunities of crime, was the onlysuccessful method of general prevention; that to keep the convictsquiet, to withdraw all external excitement was essential to successfultreatment of their mental malady. He compared the ordinary offender to asteed untrained: very impatient of the curb and rein. The discipline ofthe government, either by its own officers or the master, he likened toa _breaking in_. Under the first application of the bridle, more faciletempers became at once submissive and docile; or if not--if the manthrew the master--then came the government with heavier burdens and morepainful restraint: he was caught, and resistance was borne down. Themilder servitude being unsuccessful, then came magisterial admonition;then the lash; then sequestration on the roads; then irons; then thepenal settlement--with its stern aspect, its ponderous labor, and prompttorture; in which mercy wrought through terror and pain, and hope itselfwas attired in lighter chains. 

Arthur alleged that his system was inductive: reared upon a foundationof facts, its classification was self-constituted: every step in theseveral gradations of a prisoner's punishment was the result of his ownwill; the first, by his crime against English society, the residue byhis misconduct in servitude. It was in his power, when delivered to hismaster, to work out his own liberty, without knowing again the frown ofa magistrate, or the darkness of a dungeon: it was in his choice todelay deliverance until death. Thus the distribution and separationvainly attempted by a direct management of government, was better doneby the prisoners themselves: they determined their own merit by theiractual position, where they awaited pardon and liberty, or gradualdescent to despair. 

Arthur watched with great diligence the operation of his system. Thecharacter of most masters was known: they were bound to make annualreturns of the number and conduct of their men. Their recommendation wasrequired to procure the prisoner's indulgence: his police character wasdrawn out in form--the parliamentary papers shew into what minuteparticulars those documents entered; even an admonition of themagistrates was noted, and made part of the case. _Black_ and _white_books were kept, in which meritorious actions and the reverse wererecorded. The term of preparatory servitude was four, six, or eightyears--as the sentence was for seven, fourteen years, or life; then aticket-of-leave allowed the prisoner to find his own employ, to enjoyhis own earnings; subject to the surveillance of the police, and to aforfeiture for breach of its regulations. 

Arthur described the police as the pivot of his system: it comprehendedsurveillance and detection. The establishment of district courts, inwhich a paid magistrate resided, was an essential element of itssuccess. The masters had a correctional authority at hand: a few miles, often a few minutes, brought them within the police court, and thepunishment ordered followed the offence by a very short interval. Thepolice constables, mostly prisoners of the crown, were selected fromeach ship to assist the recognition of their fellow prisoners, and theywere rewarded for every runaway they arrested. They often shortenedtheir own sentence by procuring the conviction of others; often, too, they obtained considerable sums, and even instant liberty, by thediscovery of an outlaw. They were acute, expert, and, we are told byArthur, vigilant beyond all men he ever knew. They were objects of fearand detestation. 

The strong will of the prisoners thus encountered opposition on everyhand. They were hedged round with restrictions; they were at the mercyof the magistrate, and subject to the lash, for offences which languageis not sufficiently copious to distinguish with nicety. [188] Theirunsupported accusations recoiled on themselves. They were entitled tocomplain, but the evidence they could generally command, was heard withnatural suspicion. So well did they understand the hopelessness ofcontest, that they rarely replied, where a defence sometimes aggravatedtheir punishment. 

The convict was subject to the caprice of all his master's household: hewas liable every moment to be accused, and punished. [189] Unknown, without money, he had no protector or advocate: one magistrate couldauthorise fifty lashes; one hundred could be inflicted by theconcurrence of a second. It was asserted by Arthur, that the statementof their liabilities produced an expression of dismay in thecountenances of convicts newly arrived. The indefinite character ofthese offences; the boundless discretion of the magistrate; theinfluence of the master; the presumption always against the accused; thedreadful nature of several of the punishments--doubtless created in manythe recklessness of defiance and despair. A prisoner's sentence might beextended one or three years; he might be doomed to a penal settlementand chains. Nor could he liberate himself from his servitude: he cameback from the triangles or road party, and stood at his master's door. 

The determined resistance of change, except for punishment; theindissoluble tie of men to masters--was one part of Arthur's plan. Theknowledge that submission was the only chance of happiness, caused manyto yield to their destiny without a struggle; and where masters werehumane, the connection lasted, without murmuring or oppression, untilthe close; but with many more, it was a period of misery, mental andbodily--the fierce passions breaking into open war, and seeking nothingbut revenge or freedom. The rolls of the muster-master exhibit curiousinstances of this long struggle: there are several now before thewriter, in which punishments succeed each other with a frequency soterrible, that the mind is only relieved by the belief that sensibilityis destroyed by incurable misery. 

Governor Arthur addressed a despatch, on "secondary punishments, " toViscount Goderich, intended to answer the report of the select committeeof 1832. He thought the witnesses were not conversant with the state ofthe prisoners--a fact not surprising, since even the effect of Englishpenitentiaries was debated under their very walls. The gentle system ofGovernor Macquarie was a tradition among the criminal population ofGreat Britain; but in this country, colonised at a later date, and bysettlers of a higher class, the advantages of the convict were small, and his control more complete. Arthur thus delineated the condition ofthe assigned servant: deprived of indulgence, living in the interior, employed in clearing and cultivating forest land, allowed no wages;idleness, even looks betraying an insurgent spirit, exposing him to thechain gang or the triangle; deprived of liberty, subject to the capriceof a family, and to the most summary laws. He was a slave, except thathis master was not trusted with the lash, and his claim for serviceterminable. True, he was well fed, while many in England labored hard, and yet were hungry and poor; but nothing reconciled the prisoner tobondage: he compared his condition not with the British pauper, buttheirs who, though working in the same field, were masters of their ownlabor. He asserted that the bravado of persons, who affectedindifference when ordered for Macquarie Harbour, was fully answered bythe murderers who, to enjoy a momentary escape, ventured their lives; bythe desperate efforts of many to conceal themselves in vessels, deprived of food for days, and tortured until their limbs mortified; bythe despair of many rioters who arrived in the _Eliza_, who, dejectedand stupified by grief, soon drooped and died. He maintained thattransportation, though not absolutely successful, was to be preferred, as frequently most dreaded, reformatory, and final. 

He maintained, that the current reports respecting transportationdeserved no credence, and were unsafe as foundations of public policy. Often, from the most selfish motives, the most delusive statements hadbeen forwarded by prisoners. He instanced a woman from Liverpool, whoarrived with her four children, allured by the representation of herhusband, and sent out by the charity of his prosecutors; and who hadinformed her that, beside £60 per annum, he was lodged and fed for hislabor. In this case, however, the man wrote falsely; but at that momentthere were many who might have made the statement with truth. 

In the despatches of Governor Arthur there is much acute observation andjust inference. He had actually lessened abuses, until they became notvery common or very flagrant: by collecting men in the employ ofgovernment under a more rigid system of superintendence, he hadcurtailed their indulgence, and made their condition more irksome. Butit is well known to every colonist, that throughout his administrationsome prisoners were favored with greater liberty than others; that theyaccumulated property, and had at command whatever money could buy. Heoften, with a discretion both wise and humane, mitigated the severity ofa sentence and alleviated the domestic desolation of a wife, by grantingsome indulgence to her husband. It is told to his credit as a man, although it does not add to the weight of his despatches. 

The enunciation of principles was not common in the writings of GovernorArthur; he, however, states his view of the objects contemplated bypunishment. He held that the severity of a penalty was to be measured bythe operation of the crime on society, --or the views taken bylegislators of its effect. Unhappily, this theory overlooks the fact, that penalties are usually for the protection of classes, rather thancommunities. The severe laws against poaching have never been vindicatedon the principles of equity or national right: they are the laws of anaristocracy, for the protection of its pleasures. The unlimited powerover life and liberty claimed by this doctrine, would excuse the Spartanmethod of anticipating crime. It is the old code of the opulent andpowerful; but it is essentially unjust, fallacious, and thereforeuseless and wicked. [190] It is probable, however, that abstract opinionsmaintained but a slight influence on his actual policy, and that by hisstrong perception of the interest of society in the reform of theoffender, he adopted many practical lessons of philanthropy. 

Governor Arthur was directed by the Secretary of State to assign theprisoners employed on public works: such as were unfit for the serviceof settlers to form into gangs, and employ on stations distant from thetowns. Lord Goderich had come to the conclusion that the service ofgovernment was rather courted than dreaded by the prisoners. This planwas skilfully resisted by Arthur: he admitted that constables andmessengers were favorably situated. So great, however, were thehardships of those employed in public works, that his conscience wastroubled, and only relieved by remembering that they were the worst ofoffenders; or, if better conducted, passed at length into theloan-gang--a condition as preferable to assignment, as was assignment tothe service of the crown: thus balancing the advantages of their lastagainst the severity of the first stage. He stated their assignment, sofar from increasing the severity of punishment, their faults, and evencrimes, would be covered by their masters, to preserve their labor;their earnings would place them beyond the condition of their class inGreat Britain; and when their fortune should be known, they would neverwant for successors. But he appealed to a still more cogent argument. The expense of a convict mechanic to the crown, was one shilling perday; of a free artizan, seven to ten shillings: the difference would goto the workmen, to bribe their industry and gratify their vices. It wasnot, perhaps, known fully to Arthur, that at the moment he sealed hisdespatch, forty mechanics lodged in one ward, who earned not much lessthan £50 per week, by the leisure hours they enjoyed. [191] It was, however, true, that the inducement to pay large sums for occasionallabor, arose from the difficulty of obtaining it: few mechanics weretransported; so few, as to excite astonishment. [192]

But however exact and successful transportation, in Governor Arthur'sopinion, a variety of causes contributed to excite in England a powerfulprejudice against it, and to lead the ministers to interfere with someof its details of great practical consequence. The gradual ameliorationof the criminal code--a restriction of capital punishments, demanded bythe humanity of the British public--was allowed by the ruling classeswith doubt and grudging. Some conspicuous cases confirmed theirpredilection in favor of the scaffold. What punishment, they asked, would transportation have proved to Fontleroy, who from the spoil of hisextensive forgeries, might have reserved an ample fortune? It wasreported, and not untruly, that many had carried to the penal coloniesthe profit of their crime; that the wife had been assigned to thenominal service of her husband; or, still more preposterous, the husbandcommitted to the control of the wife--and were enabled at once to investtheir capital in whatever form might promise success. 

Several volumes issued in succession from the British press, full ofhighly colored sketches of colonial life; in which the advantagespossessed by many emancipists, the splendour of their equipage, and theluxurious profligacy of their lives, were exhibited as the larger prizesof a fruitful lottery. Among these works, the most popular, that ofCunningham, professed to delineate the sentiments of the prisoners, fromwhich it might be inferred that few conditions of human life offered somany chances of gaiety and prosperity. [193]

About the same period, Edward Gibbon Wakefield, of a talented family, and afterwards distinguished by his connection with colonisation, wasimprisoned in Newgate for the abduction of Miss Turner. During threeyears' residence he professes to have devoted great attention to thesubject of transportation. Few sessions passed but some prisoner, formerly transported, appeared under a second charge. In conversing upontheir prospects, they described the country of their former exile interms of high eulogy. It was the opinion of Wakefield that, as apunishment, it had no influence in preventing crime. The evidence ofseveral settlers from New South Wales was of the same character; andM'Queen, a member of parliament, long resident in that country, statedthat he had been often asked what offence would be sufficient to ensuretransportation. [194] The letters received from the prisoners, recordedtheir good fortune, and were read by their former acquaintances. Theywere filled with exaggerations, dictated by vanity or affection; andseemed to convey an impression that, of their families, they only werefortunate. 

A colonist is certainly not entitled to deny, that many strong cases ofperversion occurred; but, except the superiority of diet, and the highvalue of labor common to new countries when they prosper at all, thedescriptions given were mostly illusive and mistaken. The extreme miseryand degradation endured by many, and to which all were liable, renderedthe ordinary condition of prisoners one which could not have beendesired, except by the most wretched of the people. 

New South Wales was regarded, by the laughing portion of the Britishpublic, as a perpetual beggar's opera. One eminent writer said, that thepeople of these colonies attracted attention only from the curiositythey excited: mankind were amused to know what form would be assumed bya community, composed of men who narrowly escaped the executioner. Byanother they were compared to an old fashioned infant, which had all thevices and deformity of a corrupt constitution and precocious passions. The exhibition of a panorama of Sydney in the metropolis of England, attracted large crowds. It was hardly possible to exaggerate the charmsof its scenery, when clothed in the radiant verdure of the spring; butthe dwellings were drawn, not only in their just proportions, but withall the grace of the pencil--cabins looked like bowers. The poet, Campbell, struck with the glowing harmony, exclaimed, how delightful tothe London thief--beneath the clear sky and amidst the magnificentforests of Australia, "Where Sydney Cove its lucid bosom swells"--

to shake the hand he once encountered in the same pocket at Covent Gardentheatre! It is thus, too often, that substantial interests are sacrificedto humour. No one, acquainted with the minds of prisoners, can imaginethat the purest atmosphere, or most exhilarating prospect, would behalf so attractive to a veteran robber, as the murky cellars of the"London Shades. "

The writings of Archbishop Whately tended to the same result. Againstthe principles of transportation he entered an earnest protest, not onlyas defeating the primary objects of a penalty, but as constituting acommunity charged with the elements of future mischief. He reasoned inhis closet, and formed his conclusions from a process of investigationwhich was not complete: he overlooked some facts which tended largely toneutralise the evil, and that suppress or defeat propensities whichthrive in Europe. He made many senatorial converts, and those he did notconvince, in reference to his main proposition, were anxious to obviatehis objections. 

To meet, however, the views which prevailed, and which were stronglyrecommended by the parliamentary committee of 1832, the governmentdetermined to increase the rigour of transportation. The effects of theFrench revolution, and the pressure of commercial distress, had produceda strong tendency to crime. In the agricultural districts of Englandriot and arson were prevalent: the utmost exertion of the laborer didnot preserve his family from want. Depredations upon game, and otherspecies of rural property, exasperated the legislative class. The hulkswere crowded: it was proposed to establish a penitentiary at Dartmoor, long the site of a French prison, and employ the convicts in cuttinggranite for sale; but the discussions in parliament manifested thestrong preference of the agricultural interests for a system of absolutebanishment. It was observed by Peel, that the detention of prisonersexposed the government to endless annoyance, and before half their timewas expired the solicitation of their friends often procured aremission. 

Pending these enquiries, a rumour reached the colony that transportationwas abolished. The papers broke out in the language of wailing and woe:the _Courier_, especially, gave utterance to the most passionate grief. The editor described the melancholy visage of the settlers, and thedifferent expressions of vexation and disappointment which he heardaround him. One declaiming against the perfidy of government, andanother delineating the ruin involved in the fatal resolution. Somethreatening to leave the country ruled by covenant breakers, who, in thespirit of reckless experiment, were not only demolishing the finestimaginable system of penal discipline, but sacrificing the fortunes ofcolonists, who had emigrated in the confidence that convicts wouldfollow them in an uninterrupted stream. [195] These apprehensions werebut temporary. The strong representations of Governor Arthur, and theextreme difficulty of change, secured a further trial under newconditions. 

Lord Melbourne held a consultation with Mr. Stanley. He suggested thatthe increase of crime had arisen partly from ignorance of the actualconsequences of transportation. He requested him to reflect upon thistopic, and to determine whether it might not be proper to sendtransgressors through a more rigorous discipline on their landing, andto stop the comparative ease and comfort it was customary to enjoy. [196]Mr. Stanley undertook to contrive a scheme, which should terminate theindifference with which banishment was regarded. He had said that hewould render the punishment of transportation more dreaded than deathitself. At his suggestion Lord Melbourne addressed a letter to thejudges, and requested them, when on their circuits, to explain theextent of torment which banishment included; to select such as theymight deem it proper to separate to a more terrific form of punishment;and to declare, in a public manner, the degree of severity which wouldfollow a particular sentence. 

It was determined that the more hardened should be confined at NorfolkIsland or Macquarie Harbour; and that no prisoner for life should bewithdrawn from a penal settlement, until seven years of his sentence waspassed, or until one-third of a shorter period was completed. Thendrafted to the roads: after wearing chains a further five years, hemight be assigned to a master, and commence his probation. The lessguilty were to join the road party at once, and in seven years beliberated from their chains. Mr. Stanley forwarded sixteen persons inthe _Southwell_, whom he directed should be kept in chains for the firstseven years of their bondage. He thus established the system, distinguished as the "certain and severe" in the orders of government;and for several years described by the journals, as the "worse thandeath" system of Mr. Secretary Stanley. [197]

The object of Stanley was to invest transportation with novel terrors, and to give a more tragic aspect to the law. He did not, however, reflect, that he who has destroyed hope has also made the despairingworthless; that the victim will have recourse to violence orinsensibility--that when he cannot rupture he will hug his bonds. He didnot perceive that no Englishman would accept the service of a felon, whofor twelve years had experienced the misery of chains--that it was notas prisoners, but as husbandmen, that the poachers and rioters ofEngland were acceptable to the Australian farmer; who was reconciled topenal slavery, only when disguised under semi-patriarchal forms. 

The change proposed by Stanley was greatly disliked by Arthur. It wasthe reverse of his system. Whatever influences were brought into actionby agricultural service, would be lost in a gang. He foresaw thedespondency, the oppression of the prisoners, and the gradual alienationof the colonists. Arthur referred Stanley's despatch to the executivecouncil, with his own rejoinder. His system of twelve years bondage andchains was unanimously reprobated: the council concurred in the opinionof the Governor, that it would break up the gradations of punishment;and unless sustained by a large reinforcement of military, endanger thepublic safety and produce habits of outrage and revenge. [198] Whateverinfluence these representations possessed, the plan was abandoned ofnecessity. The chief justice of New South Wales advised the Governorthat the law had not authorised the arbitrary addition of chains to asentence of transportation--to increase the misery, not to add to thesafe keeping of the prisoners. Such, on reference, was the opinion ofthe English legal authorities, and the men in irons were released. [199]

Whatever the motives of Lord Stanley, the transmission of such an order, without ascertaining the authority under which it was issued, was aserious official error. It is probable, that the persons injured had nomeans of appeal, and deserved no redress; but when it is remembered, that the law does not profess to determine the moral enormity of anoffence by the extent of punishment, to aggravate a penalty which thelegislators deemed equal to the crime--avowedly to make it more terriblethan death itself--was a stretch of official power, which can scarcelybe explained. 

St. Paul denounced the judge who smote contrary to the law. Mr. Stanley's encroachment on the functions of legislation was only moredefensible because less corrupt. To repress colonial disorders, thelocal government had, indeed, grafted the penalties he prescribed on thecolonial statute book; but the despotic interference of a secretary ofstate was specially objectionable. Persons sentenced to transportationfor political or agrarian crimes, were not unlikely to provoke thepersonal hatred of ministers, and therefore to suffer a vengeance beyondthe intention of the judges, or the spirit of the laws. 

To render corruption more difficult, the power of the governors waslimited by statute. They had granted tickets-of-leave for the discoveryof outlaws, the detection of serious crimes, and any service of greatpublic utility. They had been often swayed by feelings of humanity inhastening the liberation of men, whose families required their care; butan Act "for abolishing the punishment of death in certain cases, "[200]not only fixed the time when prisoners should be capable oftickets-of-leave, but abstracted the chief advantages a ticketconferred. They were excluded from the protection of civil laws, andthus thrown on the mercy of any who might employ them. These clauseswere introduced by Lord Wynford (Sergeant Best), and were intended toequalise the punishment of offenders, and to prevent an early enjoymentof plunder. This restriction was, however, practically unjust. The grantof a ticket-of-leave was to enable a man to procure a livelihood: todeprive him of legal resource, was to invite the swindler and the cheatto make his earnings and acquisitions their prey. The local courts hadhitherto resisted the injustice by evasion: a record of conviction beingrequired to stay a civil action; although in the criminal courts it wassufficient to prove that the person accused had been dealt with as atransported offender. 

Lord Wynford's Act made no such distinction. Its provision, probably theresult of inadvertence, was so palpably a contradiction, that it wasnever acted upon in Van Diemen's Land, and was earnestly deprecated byall classes. To grant a prisoner liberty to seek subsistence, and yetsuffer any fraudulent person to deprive him of his just wages, couldarise only from that confusion of ideas, too common in legislation onthe subject. 

FOOTNOTES:

[Footnote 187: "It can scarcely be doubted, that the main body ofconvicts are under mental delirium--they see and appreciate every thingthrough a false medium; and as, from long experience and closeobservation, the Lieutenant-Governor is confident that a firm anddetermined, but mild and consistent supervision, is the very best to befollowed, in order to remove the infirmity under which they labor, it isthe treatment he enjoins shall be uniformly observed!"--_Regulationsissued to the Roads' Department. _]

[Footnote 188: "Absconding, insubordination, drunkenness, indecentconduct, neglect or wilful mismanagement of work, neglect of duty, indecent or abusive language, swearing, insolence, or other disorderlyconduct. "]

[Footnote 189: Arthur. ]

[Footnote 190: Arthur's despatch to Lord Goderich. ]

[Footnote 191: It was not uncommon for four in their number to consumeone gallon of rum at a sitting. Incredible as this may appear, it standsupon indubitable testimony; and one of the witnesses, had he beenclassical, might have said--_Pars magna fui_. ]

[Footnote 192: Arthur's despatch to Lord Howick, 1832. ]

[Footnote 193: "Several went out with me on these very terms: and amongthem one merry youth of two-and-twenty, whose father had beentransported when he was a child. His elder brother followed the fortunesof his father by special invitation. On our arrival the elder brothercame alongside, and introduced the younger brother and father (who, ofcourse, were strangers to each other). 'When may we expect Jem?' was thequestion put shortly after the preliminary congratulations. "--_TwoYears_, &c. , vol. Ii. P. 259. 

"I shall conclude this subject with a short anecdote, which fullyillustrates how little a convict cares for transportation, or rather howmuch he prefers it. A gentleman, who came home passenger in the samevessel with myself, brought with him a convict as a domestic. I askedhim what were his future plans? He replied, that he meant to go and seehis mother, if she was alive; but if she was dead, he, to use his ownwords, would 'frisk a crib, ' (_Anglice_--rob a shop) or do something tolag him for seven years again, as he was perfectly aware that he couldnot work hard enough to get his living in England. "--_Widowson's presentstate of V. D. Land_, 1829. P. 65. 

"In order to show the opinions entertained by some of the convicts, asregards the colony, I will give an extract from one of the sundryletters which I have read, written by them to their friends in England, using the writer's own language and punctuation, but altering thespelling. He requests that his wife will come out, and bring theirchildren with her, and then proceeds as follows: 'I am perfectly wellsatisfied with my situation thanks be to God that has placed me underthose that does not despise a prisoner. No, my love, I am (not?) treatedas a prisoner but as a free man, there is no one to say a wrong word tome. I have good usage, plenty of good meat, and clothes with easy work. I have 362 sheep to mind, either of our lads could do it with ease. Thebest of men was shepherds. Jacob served for his wife, yea and for a wifedid he keep sheep and so will I, and my love we shall be more happy herethan ever we should be at home if happiness is to be found on the earth. Don't fail to come out I never thought this country what I have foundit. I did expect to be in servile bondage and to be badly used but I ambetter off this day than half the people in England, and I would not goback to England if any one would pay my passage. England has the name ofa free country and this is a bond country, but shame my friends andcountrymen where is your boasted freedom. Look round you, on every sidethere is distress, rags, want, and all are in one sorrowful state ofwant. Happiness and prosperity has long taken their flight from Albion'sonce happy isle. ' He then alludes to the low price of provisions, andadds--'Except you live in a town you have no rent to pay, for eachbuilds his own house, no tithes, no poor-rates, and no taxes of anykind. And this is bondage is it?' There are some other amusing remarksin this original composition, but the above will suffice to show thatconvicts lead not always the unhappy life they are supposed to do, unless through their own bad conduct. The writer of the above letterbears such an excellent character that his master has sent to Englandfor his wife and family, with the intention of trying to be of some useto them. "--_Breton's New South Wales_, p. 281. ]

[Footnote 194: Potter M'Queen's evidence before the Commons, 1831. ]

[Footnote 195: _Courier_, 1831. ]

[Footnote 196: May 20th, 1833. ]

[Footnote 197: Stanley's despatch, August, 1833. ]

[Footnote 198: February 3rd, 1834. ]

[Footnote 199: _Par. Pap. _: Forbes's evidence. ]

[Footnote 200: 2 & 3 9th Will. Iv. Cap. 42. ]

SECTION XVI. 

The treatment and disposal of mechanics, craftsmen, and the educated, or"specials, " disturbed the equal operation of the laws. 

The artizan, when not adapted for public works, was placed in the loangang, and lent from time to time, chiefly to the officers of government, or to such settlers as were deemed worthy official patronage. They werenot authorised to claim wages, but their employers prompted theirindustry by its usual recompense. Their value as workmen often securedthem an appearance which surpassed the common means of Englishartificers, or they expended their earnings during paroxysms ofintemperance. The power to grant the assistance of skilled workmen, andthe custom of the officers to borrow them for their own service, excitedunceasing murmurs. Master tradesmen complained, that their callings werefollowed by captains and lieutenants, whose journeymen were theprisoners of the crown, and who, beside the emoluments of office, engrossed the profits of smiths and carpenters--of tailors andshoemakers. Those settlers, excluded from participation in the _loan_labor, denounced the venal partiality of its distribution. Long listswere published of workmen allotted to the relatives and confidants ofthe Governor, to display his unwearied nepotism. 

The educated prisoners occasioned still greater complaint. At an earlyperiod, many of the higher functionaries were utterly ignorant ofaccounts, and were glad to employ the abilities which transportationplaced at their disposal. Curious anecdotes are told of the profitsderived by this class of scribes, by the distribution of royal clemency:thus the indents were altered by a clerk, who charged £10 for reducingconsiderably the duration of a sentence. [201] At a later date, aprisoner offered by letter £15 for his conditional pardon. The bearergave information of its contents to another convict in office, whooffered to obtain the "royal mercy" for £10, and he did so. [202] Thereliance frequently placed in the fidelity of their penmanship, sometimes modified the details of punishment. 

From the report of a board appointed by Arthur, it appeared thatsixty-six were employed in the various departments. The evidence isvaluable, from the statements it contains respecting the condition andinfluence of this class. They were represented to be quick, intelligentmen, and were preferred because more easily commanded--if notcontrolled. Their office hours usually terminating at 4 o'clock, theyobtained considerable sums as book-keepers. All correspondence, exceptdespatches to the British government, and communications with thejudges, passed under their eye. They were employed in takingdepositions, and received bribes for expediting indulgences. Theiracquaintance with the probable demands of the commissariat, was a sourceof emolument: they sold information to the shopkeepers, and thusenhanced the price. Arthur professed to deplore the necessity of theiremployment; a practice which long survived his government. 

It was, indeed, a mournful sight, to behold men of better hopes sinkinto habits of intemperance; and for a long series of years pass througha succession of punishments, often for trifling infractions of the penalcode--to see them display the utmost facility in penmanship, and to hearat every movement the rattle of chains. Yet these prodigal sons of manya desolated house, were not so much objects of compassion, as thosewhose peace they had blighted with an incurable affliction. No one couldimagine how many families, distinguished for rank, benevolence, andpiety--known at home as the fortunate and happy--had in these regionsunhappy relations, whose fate must have cast dark shadows on their own. Many, however, protected their kindred from public dishonor by thechange of their names: they not unfrequently were overtaken by crime andpunishment, having long left the dwellings of their fathers, whosereputation they spared by artifice and silence. 

The wives of prisoners, who once moved in the higher circles, oftenexhibited an example of complicated virtue. What they took from themisery of their husbands they added to their own; and even by theirparticipation rendered more intense the mental anguish they came toremove. Delicately reared, familiar with the comforts of affluence, theyresolutely abandoned all. No entreaty, maternal tears, or offers ofsupport, could change the purpose of conscience and affection. Theygathered up the fragments of their shivered fortunes to venture on alonely voyage, and encounter a rough courtesy--generous, when notbrutal; to solicit commiseration from the harsh delegates of a nation'svengeance, or the hucksters of its mercy. Sad lot! fraught with anguish, with terror, and trembling: every moment passed in fear of some newfetter--of some fresh official caprice, or sudden separation! Suchscenes of mental and physical martyrdom have been often known toprofessional men, who enter the interior of life, and watch theoperations of secret sorrow. The mould of Tasmania covers many atrue-hearted woman, whose constancy and self devotion are registered onhigh; and which, in another sphere, might command the admiration of theworld!

The colonial government interdicted the connection of prisoners with thepress, which, however, was not prevented or punished, when loyal to theauthorities. Their writings were commonly laudatory of the officials, even when most offensive to the colonists. They were not always the mosttrucculent and unprincipled; although the censorship of public moralsand political measures was unsuited to their civil condition. 

Among those thus employed was Savary, once an opulent sugar baker atBristol, who in 1824 was convicted of forgery, and his life spared by anexercise of mercy then novel. Happier far, had he died! He wrote forthe press--on the right side. On the accusation of a colonist, histicket-of-leave was withdrawn; but he was spared the usual penalty ofbanishment by the kindness of his patrons, who granted him another formof liberty. This man was followed by his wife; but on her arrival, heraffection was seduced, or exhausted, and she returned to England. Savaryattempted suicide, recovered, and again fell into crime: he was tried byJudge Montague, convicted of a colonial forgery, and afterwards died atPort Arthur--an awful instance of the effects of transgression; and ofthe proneness of men to repeat a crime they have once committed. [203]

It having been resolved to abandon Macquarie Harbour (1832), thegovernment fixed on Port Arthur, on the east coast, as the site of asettlement where the rigour of discipline might be preserved. Thisdistrict is situated on a peninsula within a peninsula, and containsabout 100, 000 acres of woodland--barren, but not repulsive. A neck of450 yards broad, divides Tasman's and Forrestier's Peninsulas: therelamps are set on posts, to which fierce dogs are chained; and to closethe passage by the shore, when opened by the recession of the tide, others are kennelled on a floating platform. Sentinels, guard-boats, andtelegraphs, are the precautions employed to prevent escape; which fewhave attempted, and fewer still accomplished. 

The first commandant was Surgeon John Russell; an office subsequentlyconfided to Captain O'Hara Booth, a gentleman whose administration hasbeen the subject of great eulogy. A minute code of governmentregulations defined the duties of all on the station. Hither allconvicted of colonial crimes, or of more serious misconduct as assignedservants or in the road gangs, or who were separated to more thanordinary punishment by the secretary of state, or of the educated class, were sent. The degrees of punishment were, however, varied; and the moresevere was exhausting and dangerous. The carrying gang, with a massivebalk on the shoulders, resembled a huge centipede. The laborers, sometimes thirty together, groaning beneath a weight of many tons, obtained no respite from toil. The slippery and inclining ground exposedthem to terrific perils: when they complained of inability to beartheir burden, they were flogged, taken back, and compelled, bysupernatural effort, to raise the load they had laid down. The numerousorders were enforced without momentary relaxation, and the scourge wasthe chief agent of control. 

When the settlement was new, the men suffered from scurvy; they werenot, subsequently, unhealthy: diseases of the heart formed a largeproportion of their maladies. Many instances of great hardship have beenauthenticated; and several committed murder to be removed from misery bya public execution. The possession of a piece of tobacco was penal, andfor this offence alone multitudes were flogged; but its use was onlylimited by the supply: many men would have risked the rack, rather thanrejected this valued indulgence. A wesleyan missionary was accustomed toreward his servant with the luxury, until he found that beingdistributed, others were involved in punishment. Visitors usuallycarried tobacco, which they dropped on the tramway by which they wereconveyed; and even when the prohibitions were most severely enforced, money would procure a supply. 

The effect of Capt. Booth's administration was soon visible: thestoutest hearted gave way. Inexorably just, according to the system herepresented, the accused might plead, but were never pardoned. Thegentlemen convicts, clad in a prison dress, were employed in lighterlabor and worked together; but were transferred to more penal gangs, forthe least disorder. It is said that the terrors of Port Arthur werepreventive of crime; that its rigour controlled and reformed, for thetime, such as were sent there; but, both by those who vindicated, andthose who condemned its severity, it is admitted that relapses wereusual;[204] that it operated on the will by mechanical force, butdebased the soul. 

However heavy the hand of authority, it was not capricious. Theoverseers and constables were less brutal than at the road parties andprevious penal stations. Compared with every other settlement of itsclass, Port Arthur, during Booth's management, was more humane becausemore equal and impartial. Constantly exhibited as a place of profoundmisery, it carried the vengeance of the law to the utmost limits ofhuman endurance. 

It would be improper to withhold the common testimony in favor of thisofficer, of whom the writer never heard a prisoner speak with reproach:he was detested only as the personification of unimpassioned severity. He gave all the weight of his example to promote the success of themissionary, and paid him respect in the sight of the prisoners. Timesoftens all things, and Captain Booth, on calm reflection, deserves tobe remembered with respect, as an officer who took no pleasure in thesufferings he inflicted--who was as prompt to reward as to punish. Afurther detail is needless, and would add no new illustration oftransportation. 

The interest which Arthur took in the settlement which bears his name, may be inferred from his frequent visits, and the large promises whichhe offered in reference to its future prosperity. He thought seventhousand men might be sent there, to be detained six months on anaverage; and that the large consumption and expenditure would be repaidby the produce of their labor. From an early date, Port Arthur possessedthe advantage of schools and ministerial attendance. A church, ofhandsome exterior, was erected. [205]

As the settlement improved, a tramway formed of hard wood, crossed aspace of five miles, and thus connected the opposite bays. On this road, travellers were conveyed by human labor, a large proportion of thedistance being, however, overcome by spontaneous locomotion. 

The denizens of Port Arthur would furnish a curious collection ofbiography: the muster would be a living calendar. Among the morecelebrated were, Ikey Solomon, the receiver, whom they made constable:the chartists--men, in whose fate millions have publicly expressed aninterest. There was Collins, the mad sailor, who threw a stone at thelast king; May, who murdered the Italian boy; and Cohen, a jew, whoresigned himself to despair, and refusing sustenance, died: they nowrest in the "_Isle de Mort_. "

The establishment at Point Puer was intended to reclaim and control, rather than to punish, the unfortunate youth submitted to itsdiscipline. Until a very late period, boys had been transmitted to thecolonies in company with the men, and were treated without muchdiscrimination: some at an age to understand crime only as a trick, orto deserve aught except pity and correction. Thus at Preston, a child, only seven years old, was transported for life. A boy, three yearsolder, perhaps the same, called by his fellow prisoners, "King John, "after three years imprisonment, arrived in this colony (1829) with sixtyother lads; of whom, on their embarkation, not one in twenty couldrepeat the Lord's prayer. [206] It was stated by a Lord Mayor of London, that nothing could be kinder than to transport juvenile offenders to acountry where their labor would be useful and their prosperity sure. Itmay be presumed, that in this spirit a girl and two boys were committedto take their trial for stealing some wood, valued at twopence, theproperty of the crown. [207] These acts of severity forcibly contrastwith the happier fortunes of other classes. It is said of George III, that he arrested two Eton boys in the act of poaching: they took him fora keeper, and offered their pocket-money as a bribe. He threatened toinform their master; but next day sent them a present, requesting themto cease their depredations. They were peers when the monarch told thestory, and he observed that they were most rigorous preservers of theirgame--"according to the old proverb, set a thief to catch a thief, " saidthe king! A better authenticated anecdote was given by Lord Eldon, ofhis juvenile adventures; such as a rigorous magistrate might have turnedto a very different account. [208] By what construction of equity thepoor man's son, or the orphan, could deserve to be branded with anindelible stigma for no heavier crimes, it would be in vain to ask. Infractions of the law cannot be tolerated in any age, yet itsadministration has been often both partial and unmerciful. 

Most of these young convicts had been first imprisoned a short period, and then turned on the world to obtain, by greater crimes, more lastingprotection; or sometimes accused, but not convicted, they waited amidstmoral pestilence the long delays of justice. A lad, fourteen years ofage, was charged with stealing a hat: twelve months after, he wasacquitted. What wonder that, dismissed a hardened criminal, he returnedto be transported for life. [209] Such was the education of many, whomight fairly adopt the language of Howard to the German emperor--"It isnot in the power of your majesty to make reparation for the injury theyhave suffered. " No subsequent care could atone for the long slumber ofprotective justice. 

It is refreshing to find that kindness and coercion were united in thediscipline of Point Puer: an oasis in the desert of penalgovernment--unless viewed from the woolsack. Captain Booth was prompt insubduing rebellion and enforcing industry: the meals were regular, andhabits of devotion and cleanliness were promoted. But when the boys weresubmissive and diligent, they were not forbidden to be happy: they weremade tailors, shoemakers, carpenters, boat-builders, masons, andgardeners. Some became acceptable apprentices, were lost sight of asprisoners, and are now known only as respectable men. Such boys, however, were protected from contamination, from the moment ofconviction. Those who mingled indiscriminately with the prisoners, surpassed them in mischief and wickedness. When landed they were placedin the barracks: some, not more than ten years old, blended the trickeryof boyhood with the villainy of age, and had scarcely arrived a week, before they were tied up to the triangles and punished with the cat. Lord John Russell, yielding to humane suggestions, collected acargo of juveniles from the various prisons, and appointed asurgeon-superintendent, who never lost sight of their moral welfare. Thecare was not unavailing: Captain Booth reported that a large proportionpassed through his hands without incurring even magisterial correction, notwithstanding the most trivial disorders were punished. Thereformation of adults may admit of scepticism, and be tolerated as atopic of ridicule: but children, taught to steal earlier than to speak;who received the first lessons of crime on the lap of a mother; whonever heard of God, but from the lips of blasphemers--or of right, butas the fair distribution of spoil, were surely entitled to compassion. The sympathies of man cast penal science to the winds, and scorn topreserve the inexorable temper of legal vengeance, to save the rich frompeculation, by the moral immolation of infant robbers. They are orphanscast upon a nation's mercy; for though nature gave them the claims ofchildren, she did not secure them an interest in a parent's heart. 

FOOTNOTES:

[Footnote 201: Collins. ]

[Footnote 202: _Mudie's Felonry of New South Wales_, p. 27. ]

[Footnote 203: Savary wrote a novel, called _Quintus Servington_, 3vols. It professes to detail his life: it sets out with a gypsyprophecy, delivered at his birth, which gave warning to his father thathis son would be in danger between his thirtieth and fortieth year; but, passing that period, safely reach a happy old age!]

[Footnote 204: Arthur's evidence: Murdoch's ditto. ]

[Footnote 205: While its foundation was digging, a murder was committedin the trench, and when its roof was covered, the plumber mouldeddollars from lead, the property of government. ]

[Footnote 206: This child, when asked his age by the superintendent, answered, "I was so young when I was born, that I cannot tell. "]

[Footnote 207: _Spectator_, Sept. 21, 1833. ]

[Footnote 208: "I do not know how it was, but we always consideredrobbing an orchard an honorable exploit. I remember once being carriedbefore a magistrate: there were three of us. The magistrate acted uponwhat, I think, was rather curious law: he fined our fathers each 30s. For our offence. We were very good boys, indeed. I believe, we never didanything worse than a robbery. "--_Lord Eldon; Life, by Horace Twiss. _]

[Footnote 209: _Prison Discipline Society's Report_, 1827. ]

SECTION XVII. 

The views of the ministers respecting the severity of punishment, rendered the discipline more stern. [210] The subordinate agents ofgovernment received instructions to enforce an amount of labor from theprisoners employed upon the roads, which was measured without muchregard to their previous habits, dexterity, or strength. 

Nottman, to whose management several gangs were committed, was a personof unflinching temper--rigorous and fearless. Once, when assailed uponthe road, he clenched the robber by the throat, until he expired. Hefound a pleasure in hastening the operations entrusted to his oversight, and neglect of work was an offence which was never pardoned. It did notunfrequently happen, that a tailor, or other sedentary craftsman, wassentenced to the roads; but in breaking stones, there is an art, andwhile the dexterous could make every blow effective, the utmost toil ofthe novice left a deficiency in the task. To admit excuse, would havedisturbed the calculations of labor, and the defaulter was delivered atonce to the flogger; often, too, the implements, injured by use, rendered the fracture of stones more difficult: the issue of rationsweekly, tempted the improvident to consume their food, so that the lastdays of the week were spent in exhaustion and hunger. [211] The slightestsymptoms of insubordination were promptly visited; and in one party, 3, 300 lashes were administered in one morning. 

The overseers copied the rigour of their superiors, without theirdiscrimination or sense of justice. It was not uncommon, thoughforbidden, for these men to strike down the prisoners who displeasedthem. Such violations of rule were punished when discovered: but men ofweak minds bore in silence miseries they were afraid to resent. Thegovernment compelled to accept such agents as transportation yielded, employed persons of the vilest character, of which the following may betaken as a specimen: W. A----, a prisoner for life, forfeited histicket-of-leave for keeping a house of ill-fame, and harbouring assignedservants. He applied for its restoration: this was opposed by the policemagistrate, who recommended that he should serve as an overseer forthree months on probation, as he had been notorious for keeping a badhouse![212] The incongruity of this employment with his character musthave suggested itself to all except those familiar with similarappointments. Such as could command a bribe ameliorated their condition, while those who possessed no such resources, were selected to illustratethe vigilance and fidelity of the overseers. It requires no extensiveacquaintance with mankind to perceive, that in such hands public justicewas desecrated, and the weight of a sentence determined by causes whichhad no relation to the character or the crime. 

The orders of Stanley were constantly criticised by the press, and fromvarious motives were disliked by every section of the public. All whohad been prisoners, naturally sympathised with the sufferers: those whowere employers, reprobated a form of punishment which, withoutdiminishing the application of the lash, abstracted from their farms aproportion of labour. A spirit of resistance was extensively propagated, and during the year following many sad instances occurred, in which aninsurgent spirit was fatal. A young man, when employed on the publicworks, struck at Mr. Franks with his hammer: fortunately, the blow felllightly; but he was tried and executed. A considerable number threw downtheir tools and retired to the bush, whither they were pursued andretaken. One instance made a powerful impression on the public mind: aconvict, named Greenwood, took from a fellow prisoner his shovel, whichwas better than his own. He was sent at once by the superintendent tothe cells in charge of a fellow workman. In the spirit of recklessdaring, he told his conductor that he could run away if he thoughtproper; the other replied--"no doubt of it. " Thus, by a sudden impulse, in bravado or in terror of the lash, he sprang across the boundary, andthrew up his hat as a signal of his flight. He appeared on the raceground, and was there discovered by the constables committing some actof petty robbery: he was pursued, drew a knife from his pocket, andwounded his captor. Being taken before a magistrate, both his abscondingand his resistance were stated--the last a capital offence. To punishthis man was, of course, the duty of those whose authority he haddefied. As an absconder, he was sentenced to one hundred lashes, andtold--in words the import of which has not been disputed, although thetaunting tone attributed to the justice may possibly admit aquestion--that after his flogging he would be hanged! Ten days after, hewas condemned to death: his execution was delayed a few more by arespite; but he went to the scaffold with his wounds unhealed! Thetreatment of this man called forth, and justified the strongestexpressions of public indignation. True, it was within the letter of thelaw: either of the penalties inflicted, might have been vindicated orexcused both by necessity and custom; but to torture a fellow creatureshortly to make his defence against a charge affecting his life, and tosend him to his last account whilst suffering the pangs of laceration, was inexpressibly revolting. Those who desired to disgrace thegovernment, embraced the opportunity--perhaps with the eagerness offaction: pictures were exhibited of the unfortunate man, illustrative ofhis melancholy fate. Surely no argument can be found, in the calmestexercise of the understanding to extenuate an administration of the law, which distorted justice into cruelty. 

Under circumstances far more consonant with reason, but scarcely lessaffecting when considered at large, was the execution of Samuel, a blackman: he was transported for theft, from the Cape of Good Hope, and wasremarkable for the quiet easiness of his disposition. For some violationof penal discipline he was ordered to be flogged: when approaching thetriangle, he attacked one of the officers in attendance, who wasslightly wounded; for this he forfeited his life--justly, had Englandbeen just; but what was his story? With his mother and sister he wasstolen from Mozambique, and thus became a slave: he robbed his masters, and thus became a criminal. His fate turns justice into mockery, andmight make the Briton blush for his country. His execution, however, wasnot without utility: Dr. Ross, who for years had attended such scenes, then adopted the conviction that no resources of language, or varietiesof incident, could invest them with interest, and he resolved to attendthem no more. Here, too, the reader will be willing to abandon them. Since, they have often been repeated; but happily society has adoptedfrom reflection, what that gentle-hearted man, so powerful is habit, required years to learn--that the executioner is an officer far lessuseful, and the agent of a spirit far less just, than past ages havedeemed. [213]

At parting, it is proper to pay the tribute of history to the memoryof Dogherty, the hangman--a functionary who surpassed greatly thecommon character of his order; and who, while he lived, contrived toevade the detestation of his calling. There was no amateur gaiety in hismanner--no harshness in his speech. He accepted office when a prisoner, to enjoy the quiet quarters of the gaol and liberation from ordinarytoil: he intended to resign it with his bondage, but the number ofcandidates for his place, it is said, reconciled his mind to itsretention. Not in the spirit of menace, but defensive retort, he wouldpromise those by whom he was jeered, his most delicate attentions intheir last emergency. He was always willing to part with his provisions:to divide his sugar and tea with the necessitous, and to perform errandsof kindness in their favor. No one could wield the lash with more mercy;and it is said that once, an offender, sentenced to a public flogging, received one stroke at starting, and the cart being driven by anassociate, a second at stopping. His predecessor was a differentcharacter; and overcome with the misery of his condition, he committedmurder, that he might escape from life! Dogherty passed through the townwithout fear of vengeance; although once, certain soldiers, hiscountrymen, injured him, and left scars which he carried to the grave. But what character is perfect? He was addicted to intemperance, andcommonly spent the day succeeding an execution in drunkenness. Theincredulous are assured, that this is not the language of fiction, butthe character commonly ascribed in sober earnest to this unfortunatebeing. 

The day will come, when the sacrifice of life, made with morehesitation, will cease to be a public spectacle; when, if it is deemedrequisite to cut off from the earth the shedder of blood, the dreadfuldoom will cease to amuse the brutal, or to offer a momentary excitementto the unreflecting. Women will be no longer seen raising their childrenabove the crowd, to enjoy the most humiliating sight that can meet theeyes of mortals. Let no one imagine, that men are effectuallyintimidated by attending public executions: as the fatal moment drawsnigh, crowds are indeed seen rushing towards the spot; but they wear thelineaments of insensibility, intemperance, or habitual crime. It is notthe guilt of the sufferer which extinguishes their pity: they would runto witness the murder of a saint. The utility of executions is left tothe judgment of statesmen, but it cannot be wrong to detest them. 

Thus far having delineated the broad features of the system known asthe "certain and severe, " it will be proper to explain the changes whichit ultimately produced in the practical working of transportation. Simultaneously, a new theory of colonisation was promulgated. Landceased to be granted: the funds accumulated by its sale were availablefor emigration, --and thus to decrease the rate of wages, and to enablethe government to dispense with the services of convicts as writers, overseers, and mechanics. To assist this project, it had been determinedto levy a tax on prison labor; but the protest of the colonists and theremonstrance of Arthur, led to its abandonment. The despatch whichexplained his views, dwelt on the inconvenience, vexation, and loss, towhich the settlers were subject. He informed the Secretary of State, that his lordship could not understand, except by experience, how muchand how often the colonists were fretted by the misconduct of theirservants, and despoiled by their peculation: however perfect thediscipline established; although the roads were safe, and violenceinfrequent; though many prisoners were reformed and useful, still theexisting social state was charged with every form of domestic annoyanceand mortification. Trivial thefts were constantly passed over, becausepunishment was attended with greater loss. Thus, two hundred menarrive--they are distributed: their masters pay down money for theirclothing; but before they reach their home, their clothes are destroyedor sold--or, perhaps, they are committed for felony to gaol. At firstthe settler repines, but his difficulties are inevitable: he is silent, because his trials have long lost the interest of novelty, and allaround him are fellow-sufferers. The settlers who submitted to theimpertinence and unwillingness of pickpockets, he thought certainlyentitled to the benefit of their services without any other tax thanmight be levied by their fingers. This earnest protest was not withoutsuccess; but it became, afterwards, a potent weapon in the hands ofthose who pronounced transportation a failure. [214]

The arrival of many hundreds, whose previous habits were far fromrespectable, increased the difficulties of penal government. The formermarked division of classes was confounded: the emigrant laborer was thecompanion of the prisoner of the crown; but, in law, the equal of theprisoner's master. This addition was greatly deplored, both by theGovernor and the press. It was perceived that great organic changes mustfollow the influx of free men, whose interest would run in a directionentirely opposite to penal institutions. Thus, almost instantly, achange became perceptible: the high value of prison labor was reduced, and employers hostile to the government could afford to defy its power. The emigrant laborers formed an intermediate class, which detested theespionage and insolence of a convict constabulary, and was disposed toresent the haughty spirit which slavery has ever generated in the rulingclasses. 

In 1835, the feeling in opposition to transportation was stronglyexpressed by certain portions of the people. A meeting was called, underthe auspices of Messrs. Kemp, Gellibrand, Hackett, Thomas Horne, andothers, which complained that the hope entertained, that the colonymight ultimately be freed from its penal character, had beendisappointed, and that the colonists "were made materials for thepunishment of British offenders;" were considered only as the "occupantsof a large prison;"--phrases of Arthur--and that "this penal characterhad recently increased; thus violating the feelings of the adult, andbarbarising the habits and demoralising the principles of the risinggeneration. " This meeting, at which the sheriff presided, called bypublic advertisement, was perhaps _de jure_ a meeting of the colony; butthe sheriff refused to attach his signature, lest the petition should betaken as that of the settlers in general, whose opinions it certainlydid not then represent. 

Arthur, in his despatch, endeavoured to neutralise its possibleinfluence, at the same time intimating that he had "long foreseen thatabolition would become a popular question. " He, however, maintained thatthe emigrant, knowing the object of the settlement, had no right tocomplain; and that for the quarter of a century succeeding it wouldbecome increasingly adapted for the enforcement of penal discipline. Headvised the ministers to stop the current of emigration, which, ifcontinued, would render "convicts less valuable to the settlers, " or toconfine it to female emigrants, or such artificers as carpenters andmasons. [215] Two hundred and sixty persons, in the Launceston district, repudiated the following passage of the petition:--"Your Majesty'shumble petitioners most respectfully pray your Majesty to be pleased inyour paternal goodness to remove from the colony of Van Diemen's Landthe degradation and unspeakable evils to which it is subject on accountof its penal character. "

It would be amusing to contrast the sentiments expressed by variouspersons during the first formal agitation of this subject, withthose that have latterly prevailed. It must, however, be remembered, that there were two political parties. Some opposed transportationas the last indignity which could be offered to Arthur, its zealouspatron; while others desired its continuance only because no otherlabor was at hand. The paupers sent from the parishes did not createa strong feeling of preference for free servants, many of whomwere profligate, intemperate, and otherwise worthless. Nor is it honestto conceal the disastrous influence of power on the moral perceptions ofthe mind. It is justly observed by Franklin, the philosopher, that "itis one of the worst features of human nature, yet one with which it istoo generally impressed--the love of power; whereby all men prefer to beserved by slaves, over whom they have absolute dominion, than by freemen, who have rights as well as their masters. " These motives, mingledand corroborated by the practice of many years, contributed tostrengthen the views of the local government, and to reduce to a smallminority the advocates of abolition. Yet such are the singularconjunctions of affairs: though derided and rejected on the spot, theywere afterwards quoted with respect by a committee of Britishlegislators, when the subject of transportation again engaged theattention of parliament. 

FOOTNOTES:

[Footnote 210:

"_Colonial Secretary's Office, 14th February_, 1833. 

"His Majesty's government having been pleased to enjoin the strictestfulfilment of the law upon all convicts sent to this colony, and thattheir punishment should be _certain and severe_, the Lieutenant-Governordirects the renewed attention of all public officers connected with theconvict department, to the instructions which have from time to timebeen issued on the subject. 

"His Excellency is desirous especially to impress upon them thenecessity of invariably exacting the due portion of daily labor fromeach convict, and of not permitting any remission or indulgence but suchas have been previously and especially authorised. 

"The orders prohibiting convicts employed on the roads and in the publicworks (including clerks, messengers, and persons of that description)from laboring, under any pretence, for private individuals, or to theadvantage of those in charge of them, are at all times to be mostperseveringly and carefully enforced, and to avoid any misconception ina matter deemed so important by his Majesty's government, theinstructions are to be understood most peremptorily to forbid everyspecies of indulgence beyond the food, clothing, bedding, and lodgingauthorised by regulations to every convict. 

"A proportionate degree of restraint and watchfulness over all assignedconvicts is equally essential. The object of their reform, as well aspunishment, must never be lost sight of. 

"His Excellency is sensible that this end could never have been sosuccessfully attained as it has been, without the zealous co-operationof the colonists at large, who in conjunction with a due exaction oflabor, have very generally insisted upon the observance of orderly andregular conduct. 

"As it is through this good feeling on the part of the colonistsgenerally, that the police has proved so efficient an auxiliary in thegeneral control of the convict population, and as it would be unjust toallow the exceptions which may yet exist to affect the reputation of thecolony at large, the government will still more firmly pursue the courseof withdrawing assigned servants from all masters who neglect to regardcleanly, decent, and sober habits in and out of their huts, and aseasonable attention to moral and religious duties, as part of thecompact under which the labor is placed at their disposal. 

"The Lieutenant-Governor on this occasion feels it due to the generalbody of the settlers, to acknowledge his obligation to them for thecordial support he has received at their hands in the control andmanagement of the convict population, with which no politicaldifferences have been permitted to interfere, and his Excellency does sowith the more satisfaction, at this particular time, when the attentionof the Imperial Parliament is so especially drawn to the considerationof the important subject of prison discipline, and when the state ofthings in the colony has placed the local government in a situation tocontradict the unjust imputations which have been raised againsttransportation as a punishment. 

"By his Excellency's command, "J. BURNETT. "]

[Footnote 211: Backhouse and Walker's observations. This evil wascorrected on their representation. ]

[Footnote 212: _Par. Papers. _]

[Footnote 213: "The Rev. Dr. Bedford, in the course of his remarks, stated that his duty had imposed upon him the painful task of attendingbetween three and four hundred executions, and that more thannineteen-twentieths of the unhappy men who had thus miserably perished, had been brought to this end by the effects of drunkenness. "--_Courier_;Speech at a meeting of the first Temperance Society at Hobart Town, 1832. 

"It has fallen to our lot to be present at the executions of a largeproportion of the malefactors who have suffered the extremity of the lawin Hobart Town, and the apparent apathy with which the unhappy men mettheir fate, was always to us the most humiliating part of the spectacle. Their lips would utter with apparent sincerity the invocations promptedby the clergyman, but the heart, that should have given them expression, was too plainly wanting. They were empty sounds--the soul was gone. Themain part of the executioner's duty was performed to his hand; thekernel was already consumed.... They sung psalms, ate a hearty meal:they heard the summons of the sheriff; their arms were pinioned; thehalter was put about their neck; the cap was brought over their eyes, and they dropped into eternity with more indifference than the ox goesto the slaughter. "--_V. D. Land Annual_; edited by Dr. Ross, 1833. ]

[Footnote 214: 28th June, 1832. ]

[Footnote 215: Despatch to Spring Rice. ]

SECTION XVIII. 

Governor Arthur held the reins of authority while considerable changestranspired in the elder colony. Sir Thomas Brisbane, who succeededMacquarie, had chiefly attempted to diminish the expenditure, and in themanagement of convicts had sought in the results of their labor, ratherthan its detail, the success of transportation. Formed into gangs, theywere employed in clearing farms under the inspection of governmentsuperintendents, for which the settlers paid a moderate price; but onthe arrival of General Darling, the government assumed an aspect ofincreasing rigour, and the reins of authority were tightened until theywere in danger of breaking. It does not belong to this work to examineminutely the general policy of that ruler; it was, however, held inearnest detestation by those who were, or had been prisoners. Themagistrates were empowered to inflict corporal punishment to a veryquestionable extent, and it was customary for one settler to judge andsentence the servant of another, who in his turn performed a similaroffice. It is surely not necessary to prove, that the moderate exerciseof such extensive powers depended rather on the equitable temper ofBritish gentlemen than the practical limitation of their power. 

On the arrival of Sir Richard Bourke, the successor of Darling, thespirit of convict discipline underwent a change. By a new law helessened the power of the magistrates to inflict corporal punishment, and particularly terminated the system of distributing throughsuccessive days the sentence awarded. The magistrates complained thatthe convict servants treated the penalties to which they were liablewith derision, and petitions from various districts of the colonyclaimed the restoration of the abolished laws. This led to the issue ofan order to the various district magistrates, requesting their personalattendance at the triangles, and a special report upon the extent ofsuffering which resulted from the application of the lash. Superintendent Ernest Augustus Slade, son of General Slade, prepared ascourge, which was called the "regulation cat. " Every flagellatorthrough the colony was supplied with this instrument, and the effects itproduced are described with scientific minuteness. The last victim wasmuch more fortunate than the first: the lash loosened, or softened, andbecame more merciful at every stroke. 

The description of several hundred cases in the course of one month, prove how useless, how unequal, and unavailing this form of torture. Such as these: "a fair skinned young man, he bore his punishment well;""he resolved to bear his punishment like a man;" "he begged for somewater;" "he seemed much exhausted, and cried like a child;" "this mannever moved or spoke;" "he seemed to suffer much mental pain;" "he bithis lip, he had had former punishments;" "he neither cried nor spoke;""he cried out domino. " Of fifty, one half had never been flogged before. Then there follows in each case a description of the writhings of thesufferers: the discoloration of the skin, the time at which the bloodappeared, and whatever might illustrate the power of the lash to degradeand torture. These returns were obtained to vindicate Governor Bourkefrom the charge of unseasonable lenity, and to prove that no justdiscontent was authorised by the mitigations he had enforced. 

A great portion of these punishments were inflicted by the order of Mr. Slade. Dismissed for immoralities he was authorised to avenge, heexcused them by alleging his youth. Though capricious, he was not cruel;but it is due to mankind, to protest against depositing power in thehands of young persons, who have to cover their own passions by the pleaof juvenility, and who, in every part of the penal colonies, haveexhibited an example of those habits which lead to crime--and too oftenadministered public vengeance in the spirit of tyranny. 

Corporal punishment, long tenaciously vindicated, by those who ruledmasses of men, was held indispensible, and no severe reproach can be dueto the government which authorised, or the magistrates who ordered, itsinfliction. It seems, indeed, to be essential to every social systemthat denies the ordinary rewards of labor. The rebel slave, to deprivehis master, will dare any suffering which suspends or terminates hisservice. But beside those who employed the lash from conviction, therewere others of a different stamp: it is quietly observed by Messrs. Backhouse and Walker, that they found its greatest advocates "amongpersons given to profane swearing. " The violent temper, prone to breakout in imprecations, would find another and congenial relief in scenesof torture and debasement. There were modes of punishment which noprejudice could extenuate: among these, the infliction of the lash in aform which degraded society more than it debased the sufferer. Thus, atHobart Town, men, for mere faults, have been sentenced to _exposure_ andthe scourge, in the view of hundreds: the flagellator extinguished thelast feeling of the man, and roused the temper of the demon. An oldcompositor, within a month of his freedom, was charged with sometrifling breach of convict discipline, and though the father of grown upchildren, was ordered by a chief police magistrate, this cruel disgrace. He is dead--and his oppressor is dead! Such cases were not uncommon, butthey are past, and they may be left to oblivion. 

Whether it is possible, in the present state of penal discipline, towithdraw the scourge from the hands of authority, it might be difficultto decide: it should not, however, be forgotten, that its presentcomparative disuse, was once pronounced impossible; and that whenflogging decreased, crimes of savage violence became unusual. 

The partisans of General Darling, many of whom were eminent, both fortheir opulence and social worth, resented the constructive censure ofhis policy. They asserted that discipline was relaxed; that, under thetitle of the "prisoners' friend, " Bourke was an incendiary, stirring upthe laborers to rebellion. [216] They predicted that the diminishedseverity of transportation as a penalty, would suggest new argumentsagainst it in parliament, ultimately lead to its abolition, and thusinflict a fatal injury on the colony. The press, supported byemancipists, lauded the lenient temper of the governor, and exasperatedthe advocates of the past system by allusions to their tyrannical rule, and exultation at their defeat. The old quarrel revived: thedissatisfied magistrates and settlers dwelt on the characteristicdepravity of the emancipists; and the necessity for their permanentdisqualification as jurors and electors. While they asserted the lastingcivil and moral distinctions between the voluntary and expiree settlers, the patrons of the latter avenged them by maintaining that the convictwas only less _fortunate_ than his free employer, and that the moraldisparity assumed and vaunted, was rather fanciful than real. 

The treatment of assigned servants in New South Wales had always beenmore open to objection than Van Diemen's Land. [217] The transportationof 30, 000, during ten years ending in 1836, produced the moral evilsinseparable from such vast accumulations. Several of the settlersemployed from one to two hundred men, and it was a capital object toreduce them to the feeling, while they were subject to the economy ofpenal slavery. There were, indeed, many mitigations and many exceptions;but the settlers at large realised less the healthy sympathy between themaster and servant than was common in this country. 

A class of settlers, whose management was not less exceptionable, chiefly expirees, surrounded the large estates; thus, while someconvicts were considered both as criminals and slaves, others sat at thetable and enjoyed the company of their masters. The results of theseextremes have been already described, and are always uniform. 

Among those who resented the policy of Bourke, Major Mudie was the mostbitter and persevering. In his "_Felonry of New South Wales_, " heemployed every epithet of horror and contempt in condemning the conductof this governor. The character of Mudie, as delineated by his friends, is not repulsive: they have described him as a good master and a justmagistrate; but the style of his work awakens a suspicion that histemper was not fitted for the control of his fallen countrymen. Theywere sent to New South Wales to be punished: such was his theory. Macarthur, who participated in many of his sentiments, yet describes hisown plan as the reverse. He knew that a severe gaoler could not beesteemed as a good master: "he endeavoured to make his farm servantsforget that they were convicts. "[218] Mudie spoke of those he employedin the tone of an executioner--nothing could wash away their guilt, orobliterate its brand. His descriptions of the "felonry"--a cutting termdevised by himself, are grotesque and amusing. He deserves the fame of asatirist, but on historical questions his vehement language impairs theforce of his testimony, and lessens the weight of his opinions. 

This gentleman was the proprietor of Castle Forbes, an estate of largeextent, where many convicts were employed. Their immediatesuperintendence he intrusted to his nephew, of whom their complaintswere bitter and mutinous. Their remonstrances were punished: one man setout for Sydney, and carried a petition to Governor Bourke; he was sentback with a note to his master, written by the private secretary, whointerceded in his behalf; but his application was irregular, and hisabsence unauthorised, and Mudie delivered him to the magistrate, by whomhe was flogged and condemned to chains. On this, several men rose inrebellion: they attacked the house of their master, robbed him of somerace horses, and attempted the life of the overseer. At their trial, andjust before their death, they implored the governor to stop thecruelties which had driven them to desperation and the scaffold. 

Deferring to the strong feeling excited by their appeal, Bourkeappointed an enquiry. The evidence collected did not sustain the chargesof the men, who probably mistook their position, and exaggerated theirgrievances; but their accusations made a deep impression on a certainclass, and the tyranny of the settler magistrates, of whom thirty weredismissed from the commission, was denounced with increasing boldnessand asperity. 

Among the most effective writers of the time, was William Angus Watt, who held up the angry magistrates to derision, and their partisans, "asa faction dwindled to a shadow--

 A mumping phantom of incarnate spite; Loathed, but not feared, for rage that cannot bite. "[219]

The career of this man is a curiosity of Australasian literature. BothDr. Lang and Major Mudie have spread his fame by their works and theirparliamentary evidence. He committed a crime in Scotland, for which hewas outlawed; for a second, in London, he was transported. At WellingtonValley he won the favor of his superintendent employed in an office atSydney, he conciliated the good-will of Bishop Broughton and severalother clergymen, who interceded for his pardon. This was refused, but heobtained a ticket-of-leave, and engaged in the service of the editor ofthe _Gazette_, the reputed organ of the government. The profligacy ofhis habits, and the insolence of his writings, exposed him toobservation. He lived with a female illegally at large, whose child, born in the factory, was baptised in his name. To involve the editors ofthe _Herald_ in a prosecution for libel, Watt procured, by the agency ofa printer in their office, a slip proof of a letter they had resolved tosuppress. This he transmitted through the post to the personcalumniated, to give him the necessary evidence of publication. For hisshare in this scandalous trick he was tried, but the paper stolen was ofso little value that he was acquitted. In addressing the jury, hepointed out Major Mudie as his unrelenting persecutor, and as anoppressor of unfortunate prisoners. Mudie, to punish the allegedinsolence of his defence, accused him of immorality and habitual lying, and demanded the revocation of his ticket-of-leave. The investigationlasted several weeks, and ended in the dismissal of the charge, whichwas not unfairly attributed to the animosities kindled by newspaperwarfare, in which Mudie was more than a spectator. Judge Burtonrepresented that the residence of Watt in Sydney was pernicious, andGovernor Bourke ordered him to the district of Port Macquarie; whitherhe was followed by the proprietress of the _Gazette_, with whom hemarried, by the governor's permission. There he was again concerned inan official dispute: his ticket was withdrawn; he absconded, was retakenand flogged--and thus dropped down to the degraded condition which hisenemies desired, and which was certainly not undeserved. 

The attempt to identify Bourke with this man was an artifice of faction. The license he received was not unusual, and his previous character hadbeen free from colonial offence. His influence resulted from hisability: his principles were the current notions of the emancipists; noris it easy to discern how talents, such as he was supposed to possess, could be prevented from finding their level. 

About this time Dr. Lang established the _Observer_. Its object was towrite down the emancipist partisans, and the journals subject to theirpower. The good service performed by this earnest censor was not withoutalloy: and in his attacks on their moral reputation, he seemed sometimesto write what they themselves might have written. The emancipists weredrawn together by common sympathies: they charged the free settlers withattempting to exact from the sufferings and failings of their brethren, a consideration in the colony, to which they were entitled neither bytheir rank nor their reputation. Nor was this reflection always withoutreason: in strange forgetfulness of the natural operation of self-love, the upper classes of New South Wales expected multitudes, often ofgreater wealth than themselves, to walk humbly in their presence. Suchclaims the emancipists met with defiance. The false morality of theirjournals will be largely ascribed by a calm enquirer to retaliation andhatred, rather than to a judgment corrupted--in reference to the realnature of crime. [220]

Nothing so powerfully contributed to rouse the attention of the empire, as the charge of Judge Burton, delivered to the petty jurors, at theclose of the criminal court, 1835. Perhaps a more awful picture wasnever drawn, or a more serious impeachment pronounced against a people. This celebrated speech furnished the text of examination, whenparliament once more enquired on the subject. Judge Burton assertedthat the whole community seemed engaged in the commission or thepunishment of crimes. Crimes, including 442 capital convictions in threeyears: crimes of violence, murders, manslaughters in drunkenrevels--deliberate perjuries, from motives of revenge or reward, werebrought to light. He complained of the deficiency of religiousprinciple: of the neglect and profanation of the sabbath: on which daythe worst actions were planned and perpetrated. The convict stations hecompared to "bee-hives, diligently pouring in and out; but with thisdifference--the one worked by day, the other by night: the one goesforth to industry, the other to plunder. " These evils he traced to"squatting;" the congregation of prisoner servants in Sydney; thelicense of improper persons to public houses; and, more than all, thetotal neglect of superintendence by employers of convicts, who, armedfor marauding expeditions, sometimes left their masters' premises bynight, and even by day. He closed, by declaring his love to freeinstitutions--the pride, indeed, and boast of England; but which, ifconferred on such a populace, he believed would end in the corruption ofall. 

That this address gave a true description of a part of the population, cannot be doubted; but inferences were liable to error, even on thespot, much more when drawn at a distance. A mass of thieves under anysystem, if in contact with property, must produce a mass of crime; yeteven in the worst days of transportation, the relapses wereproportionately less than under any other system of prison discipline. In England, 30, 000 such persons at large, would yield annually at leastan equal number of felonies. 

The abuses which were brought to light, were certainly flagrant: themost memorable was the instance of Nash, who took to Sydney the richspoil of a robbery, and set up a large drapery warehouse; and of Gough, an assigned servant of the chief justice, who lived at large, andcarried on a quiet business as a receiver of stolen goods. Cases soconspicuous strongly illustrated the evils of assignment. The miserablefate of Mudie's men, compared with the condition of such persons, naturally suggested the idea, that some new change was essential, toprotect from reproach or derision the public justice of the nation. 

The appointment of a committee to promote emigration from Ireland, ofwhich Archbishop Whately was chairman, called attention to the subjectof transportation. It was the opinion of the committee (1836), that tosend the peasantry of Ireland to a community so polluted, was base, cruel, and impolitic. The right reverend prelate asserted that statesmenwere tolerating a social organisation, destined one day to involve theempire in deep disgrace, and exhibit the awful spectacle of a nation ofcriminals!

The desire to possess free institutions, brought the question oftransportation to a crisis. The patriotic association advocated anunrestricted concession of political rights; the anti-emancipists alimitation of the franchise to such as were always free. This divisionof opinion was characterised by the usual warmth of political faction, aggravated by personal anger. The petition of the exclusionists calledthe attention of parliament to the state of the convict question, andsolicited enquiry. [221] Macarthur, whose work is a commentary on thepetition, full of valuable information, suggested the abolition ofassignment, the separation of the convict department and colonialgovernment, and the establishment of large gangs, in which labor mightbe exacted, without partiality. 

Such was the state of this important question during the last years ofArthur's administration. When he deemed the details of his penal systemnearest perfection, the main principles on which it rested wereundermined. The severity enjoined by Lord Stanley, and the lenityexercised by General Bourke, raised an outcry against transportation;and once more propagated the idea that in its lenity it was corrupt, andits severity cruel. A running fire was kept up by the press, whichreturned to the question of secondary punishments with new vigour, andrepeated all the problems on this perplexing subject--perhaps, destinedto confound the wise, and furnish a theme for dogmatism through alltime. 

In 1837, the House of Commons appointed the committee, of which SirWilliam Molesworth was chairman. 

FOOTNOTES:

[Footnote 216: _Mudie's Felonry. _]

[Footnote 217: "I thought them a villanous shabby set, compared withconvicts in Van Diemen's Land. " "There appeared a great deal offlogging. " "My men did twice as much work. " "I told my brother, if heused his men as we did, he would get more work: he said _it would beill-received through the country_. They had very inferior clothing, andgot very little meat. These remarks were applicable to the estates ingeneral. "--_Mr. P. Murdoch's Evidence_--questions 1397 to 1403. ]

[Footnote 218: _Par. Pap. _]

[Footnote 219: _Sydney Gazette, April 1835. _]

[Footnote 220: "It was the uniform tendency or design of the writings ofthese individuals, as it has been also that of all other public writersof convict origin in the Australian colonies, to reduce the reputableportion of the community to the same level as themselves; to abolish allthe salutary distinctions which the laws of God and man have erectedbetween right and wrong; and if possible to dispossess the whole convictpopulation of all sense of criminality and degradation. "--_Lang'sTransportation and Colonisation_, 1837. P. 109. And yet thedisappearance of emancipist disqualifications has almost banished aclass of writers who were accepted as champions, but who could notseriously affect the ultimate views of public and private morality--theywere mere actors. ]

SECTION XIX. 

While these questions were agitated in England, Sir John Franklinreceived the government of Tasmania. Captain Maconochie, already knownto scientific men, and who had enjoyed long the friendship of theGovernor, accepted the office of private secretary--a situation of notmuch emolument, but highly confidential. When his destination becamepublic, the society for the improvement of prison discipline requestedhim to examine closely the results of transportation, as exhibited inVan Diemen's Land. To assist his inquiries, they prepared sixty-sevenquestions, comprehending the details of convict management, on whichthey desired a minute exposition of his views; and added, "_make suchgeneral remarks as occur on the whole convict system of the colony, andits effects on the moral and social state of the community: also remarkon the effect of the latter, and enter on the subject largely, makingany observation which may be useful in regard thereto_. "

Captain Maconochie referred the application to Sir George Grey, whoconsented, conditionally:--that all papers on the subject should passthrough the usual channel to the colonial-office, and be first placed athis absolute disposal. The effects of this commission were momentous. Maconochie, when he left Great Britain, professed a freedom from decidedbias, and to favor the general system of Arthur, rather than thatpropounded by Archbishop Whately. The opinions he ultimately adopted, heascribed to his own observation, and disclaimed all prejudice againstthose forms of prison discipline he was destined to subvert. 

The discussions thus originated are of a deeply interesting character, and their influence will long survive the animosity they occasioned. Thecompletion of Maconochie's report was exceedingly rapid, or it was veryearly commenced. He had resided but three months, when he feltauthorised to pronounce the existing system of management defective, farless in application than in principle. The course ascribed to Maconochiewas that of a prejudiced spy, seeking evidence for a case pre-judged:that which he claimed, was the task of a philosopher, scanning factspatent to every eye--even more striking when first seen. His conclusionshe attributed to the inevitable process by which facts are generalised, and demonstrate systems. His style, when deliberate, is terse andexplicit: his ideas he expressed with the utmost freedom; or, as it thenseemed, audacity. The colonists he treated as an operator, who indeedpities the sufferings of his patient, but disregards a natural outcry, while expounding in the language of science both the symptoms and thecure. Without circumlocution or reserve, he spoke of the officersconcerned in convict management as blinded by habit--as empirics whocould patch and cauterise a wound, but were involved in the hopelessprejudices of a topical practice, and much too far gone to comprehendimprovements founded on scientific principles. His deviations from thetone of philosophical discussion were not numerous, but they weremarked. The chief police magistrate he compared to the lamplighter, bywhom gas is detested. In praising that officer's administrative talent, he observed that he belonged to the martinet school, and that hisestimate of human nature depressed it below its worth. 

The representations of Maconochie, with reference to the condition ofthe convicts and the character of the settlers, awakened a storm ofindignation. Transportation, he said, at a distance appeared a trivialpenalty; but when surveyed more nearly, it was found to be inhuman. Theservant was assigned to a master without his consent; his employment wasalien to his habits; he labored without wages; he was met withsuspicion, and ruled with insult or contempt. The servant became sullen, the settler vindictive: slight offences were visited with punishments"severe, to excessive cruelty, "--offences, often the ebullitions ofwounded feeling, and the tokens of a hopeless wretchedness. 

Notwithstanding, this condition--unknown to the population athome--afforded no warning. The victims were uncompensated--the greatmajority unreformed. Thus, employers preferred new hands to those passedthrough this discipline of suffering. Such as rose in society, wereseldom really respectable; they neither regretted their crimes, noroffered atonement. But if the prisoner was injured, the colonist was notless so. Social virtues were discouraged; all classes were contentiousand overbearing: the police, ever prying into the business of life, thusintermixed with penal systems, filled the colony with exasperation, fromwhich not even the mildest spirits could escape. He did not propose toabolish transportation, but that the government by its own officersshould both punish and reform; that the prisoners, when restored tosociety, should stand in the relations of free men to all except thecrown, receiving wages at the current rate; and if restrained in theirexpenditure, not for punishment, but for safety--"the chains of paternalauthority" thrown over them, "to protect them against themselves. "

Maconochie sent to Sir G. Grey a Summary of his Report, containing hisopinions of existing systems: at his request it was at once handed toLord John Russell, who again, conveyed it to the committee then sittingupon the subject of transportation. Although substantially agreeing withhis report, _the summary_ condensed, and therefore rendered moreflagrant, the charges against the colonists, and his description of thecondition of the prisoners still more revolting. 

This _Summary_ appeared in an English newspaper. Hitherto the discussionhad been confined to official circles or to select correspondence: itwas now open to the world; and the colonists found, with astonishment, that the reform proposed was radical, and that the opinions of thereformer were wholly adverse to the existing systems. 

In this summary, the condition of the convicts was depicted with all thecoloring of misery: they were slaves, subject to coercion; strangers tomoral impulses, save only the distant hope of liberty. They were lodgedin huts with stable roofs, damp floors, and rude furniture. [222] Theyslept on truckle bedsteads, often undressed; their food was cooked inthe roughest manner; without wages, they robbed; miserable, they weredrunken. Their better qualities were unregistered: the artful escaped, while the "careless fellow, " otherwise good, was involved in a longtrain of penalties. A ticket obtained, the holder could acquire noproperty, and was worried by police interference; and in one night hisindulgence might be forfeited. Though some masters, generous or weak, softened its rigour, assignment as a punishment, generally exceeded thedesert of minor offences: and its degradation, unfelt by old offenders, was agony to men of minds more sensitive. The bad were little punished, the good demoralised; self respect was destroyed; and men born to betterthings, sacrificed by political institutions, rather than by theirpersonal depravity or their crimes. This state was worse than negroslavery: the interests of the masters were less permanent; who, thoughthey did not fear their servants, disliked, coerced, and inveighedagainst them. This slavery tainted colonial life: the colonists wereharsh and overbearing at home; they were quarrelsome neighbours, givento reckless assertion; rapacious, envious, and disaffected. Governmentwas unpopular, and all governors so in succession. The police, if notcorrupt, was irksome and intrusive. Labor was wasted, emigrationdiscouraged. Crime and drunkenness multiplied, and what a hundred andfifty is to one thousand, or thirteen hundred, such was the crime ofVan Diemen's Land to that of England and Scotland. Drunkenness hadrisen, in ten years, from three per cent. To fourteen per cent. : inLondon, such was the difference of tendencies between those meridians, it was reduced to an imperceptible fraction. 

To remedy these evils, he demanded the abolition of domestic slavery: aseparation, distinct as their natures, between punishment and moraltraining; punishment, certain and appropriate--inflicted upon system, and in seclusion; and training, not less systematic, but social andprobationary--coercion being banished, moral influence alone applied. For punishment, Maconochie deemed the system of Port Arthur, administered by Booth, an admirable model. For training, he suggestedstations within reach of the free community, where the convicts shouldbe prepared for society in parties of six, joined in a common fate, bymutual agreement. They were to work out their redemption together: theirvigilance would detect, their interests depress disorders in the clubs;the virtues of sobriety, diligence, decency, and industry, achieved byeach, would be rewarded for the common benefit of all; but for the faultof one, the whole would pay the penalty; or should the partnership bedissolved by the intolerable injustice of any, its disbanded memberswould return to their starting point, and in new combinations pursueagain, and perhaps again, the first steps, until all should reachabreast one common goal. 

Such was the system of moral training and mutual responsibility, whichhe deemed only a new accommodation of established principles. In hisview, it was a moral field the greatest statesman might enter withsuccess, and thus crown himself with immortal renown. Such in substancewas the summary, afterwards amplified by details and illustrated byfacts. In subsequent papers the more offensive passages were explainedand qualified; but at best, they appear not only an indictment ofopinions and systems, but of classes and communities. 

Sir John Franklin promptly referred the queries of the _Society_ to anofficial board, which consisted of the chief police magistrate of theterritory (Captain Forster), the director-general of public works(Captain Cheyne), and the superintendent of convicts (Mr. Spode). Inreply to sixty-six of these questions they had only to refer toundisputed facts; but the last contemplated both the theory andpractice of transportation. In the statement of facts they united; butthe proper remedies to apply to acknowledged evils, admitted ofdifference--and they all differed. 

The memorandum of the chief police magistrate, beside briefly describingthe practice of former times, recommended important changes for thefuture. Instead of assignment from the ships, he suggested that allprisoners should be placed on the public works, for a period to be fixedby the judges. He proposed a new distribution of time penalties: thusinstead of seven, fourteen years, and life, to recognise by law a moreminute and proportionate sub-division. In assignment, he recommendedwages, rateable at the discretion of government; afterwards a _firstclass_ ticket-of-leave, with a permission to choose employers; and a_second class_, to include most of the privileges of freedom, voidableonly by a court of quarter sessions for specified offences. Theconditional pardon he deemed it necessary to defer a longer time thanusual; since, when released from surveillance and responsibility, ticket-holders often relapsed into the vices from which they hadpreviously emerged. 

Mr. Spode concurred with the chief police magistrate, though withserious reservations: especially, he deprecated any delay ofassignment--a state he deemed most conducive to reform, and highlyuseful to the colony. Mr. Forster had declared that female prisoners"_were not available subjects for prison discipline_. " Mr. Spoderecommended solitary confinement, or marriage. In the meantime, Maconochie having drawn up his report, submitted it to Captain Cheyne, and made a proselyte. 

Captain Cheyne took the colony by surprise. Not only did he denounceassignment, but spoke of the settlers with still less tenderness: heasserted that a great proportion of those entrusted with convicts "weredissolute in their habits, and depraved in their principles. " That there"existed a fearful degree of depravity, unparalleled in any age;" thatassignment was the great source of crime and caste: for the convict "noman cared;" few were exempt from contemptuous and brutal treatment--fewescaped punishment. Such opinions could only usher in a system radicallynew. Thus Captain Cheyne proposed to divide the prisoners into gangs oftwo hundred each, and the adoption of task work proportioned to physicalstrength. He proposed wages to be paid to the road parties, to beexpended in the purchase of comforts, or reserved for a future day. Onintroducing the prisoners into society, he recommended a graduated scaleof indulgence, not greatly dissimilar from the propositions statedalready. 

The papers of Maconochie and Cheyne were referred to the members of theexecutive council, and were generally condemned. Captain Montagu urgedthe great danger to the public peace, from the propagation of an opinionthat the laws were unjust, the masters oppressive, and the governmentcruel. Were it intended to test Maconochie's theory, he demanded a largeincrease of military force. He, however, complained that gentlemen, whopossessed such slight practical knowledge, should venture to assailestablished systems. His remarks chiefly related to the colonialinfluence of their ideas, and he exaggerated the danger to the publicsafety. The most dispassionate examination of this report was given byArchdeacon Hutchins. It was far more copious in its admissions inreference to the existing system. Little work was done; the prisonerswere very slightly reformed, and the agents often unfit. But by whatmeans labor could be exacted, or a "millennial age of righteousness"supersede the past, he declared himself uncertain. He was sceptical thatit was possible to obtain men of science, prudence, and equity, toadminister a system so complexed, and requiring such discretion. 

Mr. Gregory, the colonial treasurer, adopted a less grave form ofcriticism. He soothed, by his humour, the colonial wrath, and among thelesser gods excited unextinguishable laughter. The charges of Maconochieand Cheyne against the colonists, he described as loose and randomshots, fired by inexperienced hands. In reducing the plan of clubs topractical details, he insisted they were unequal, and even impossible. The minute appraisement, both of good and evil; reckoning up the diurnalmerits of the men--the balance of which was to furnish their capitalstock, to discharge their fines, to find them food and clothing, andliberty--he described as a gigantic scheme of finance. [223] He amusedhimself by supposing the number of chances which might intervene before, of ninety-six men, the whole should be divided into clubs of six, andby the separate agreement of all combine their fortunes, and risk jointforfeitures: each man settling into partnership with five others whom hecould trust, and by whom he could be trusted. He figured also theembarrassment of the protectors, who every evening, ledger in hand, mustmake up their debtor and creditor account for the three hundredprobationers. 

The summary, Capt. Maconochie had enclosed, under seal of the Governor, to Sir George Grey, without however fully explaining its contents to SirJohn Franklin, or intimating its serious and formal nature. When thejournal containing it was placed in his hands, he uttered an exclamationof astonishment, and instantly dismissed its author, but did notwithdraw his friendship. Maconochie represented that it was a privatedocument, intended for private use--its sudden appearance not lessunexpected than embarrassing. That he had not submitted this paper tothe Governor, he ascribed to the irritation caused by the difference oftheir opinions; and that he did not delay its transmission, he imputedto its overwhelming importance and its pressure on his mind. How thespirit of the Governor was extolled by the colonists need not beformally stated, or how his discarded secretary was accused of rashness, perfidy, and falsehood. Maconochie did not himself disdain toacknowledge, that in error of judgment he had forwarded too early, andin a manner seemingly clandestine, a report so decided. The imputationof duplicity was unjust: Franklin was not wholly ignorant of thecontents of the packet. Although not, perhaps, aware that he wasfranking a system, yet by the same vessel he wrote to the minister thathe had not read, and could not answer for the _summary_. It was, however, strange for the ministers of the crown to rely on a privatereport; and especially upon the truthfulness of an analysis, which gaveopinions, but deferred the evidence on which they were said to rest. 

The resemblance which may be traced between the system propounded byMaconochie, and the suggestions which have been offered at various timesby writers on this subject, will not deprive him of the credit oforiginality. Hazarded by their authors without much reflection, theboldness of a reformer was required to adapt them. It may, however, beinteresting to trace the details which he combined, or the sources ofthose ideas which he comprehended in his scheme. 

Sidney Smith suggested "new gradations of guilt to be established bylaw, and new names to those gradations; a different measure of good andevil treatment attached to those denominations--as rogues, incorrigiblerogues, " and so forth. 

Mr. Potter M'Queen recommended a division of offenders, some of whomshould be punished in gangs, and others subject to a process simplyreformatory. 

Blanco White, a celebrated Spaniard, had suggested sentences to anamount of work rather than to an extent of years. He proposed that thetread-wheel should measure the progress of the culprit, and that everyrevolution should bring him nearer to liberty. 

His punitive system had long been adopted by Arthur, though probablywith objects somewhat distinct: it was found in every penal settlementand road gang. 

Capt. Cheyne had recommended the opening of accounts and payment forprobationary labor. 

At Bermuda, the stimulus of present enjoyment was offered to industry:convicts were allowed 1_s. _ 6_d. _ per week, half of which they were atliberty to expend in fruits, vegetables, and such like comforts; theresidue forming a fund, sometimes of £15 and £20, receivable atdischarge. These indulgences were attended with the happiest effects, and the superintendent, Sir Thomas Usher, was so satisfied with theirreformation, that he had no doubt seven-eighths were better men at theclose than at the commencement of their bondage. 

The idea of clubs was found in the tithings of the ancient Britons, which were enrolled by the authority of Alfred, and made liable for eachother. Maconochie saw in the disjointed and licentious condition of thatera, something analogous to the state of convicts, and in the resultthat "a bracelet might be left on the highway with security, " anencouragement to hope, from a similar organisation, for the samesuccess. Capt. Maconochie quoted Hume in describing these societies, buthe omitted those sentences which seem to give another aspect to theinstitution; for when a member of the tithings was charged with a crime, the rest could purge themselves from responsibility, if acquitted onoath of connivance with the offender, or his escape: but, howeverinnocent, the clubs of Maconochie were involved in the responsibility ofthe transgressor--a fundamental difference, the suppression of which wasscarcely compatible with literary candour. 

Bentham himself had proposed that convicts should remain at auxiliaryestablishments, in principle resembling the training stations ofMaconochie, until they could be prepared for the full enjoyment ofliberty. He also suggested mutual surveillance associations, in whichthe prisoners should watch over, instruct, and assist each other. Archbishop Whately advocated the detention of prisoners until theirreformation was established. 

Maconochie attributed his idea of marks to an observation of Messrs. Backhouse and Walker on their usefulness in training the risinggeneration: they thought they discerned a faint image of the club systemat Macquarie Harbour, where devout prisoners separated themselves into asociety, and were secured from the interruption of the rest. Men frombondage, were released in the hulks, when the sum total of marks intheir favor covered a certain period of their sentence. 

Macarthur had recommended the employment of an officer, under theimmediate direction of the home secretary of state, responsible for thefull execution of a sentence, to whom the entire management of theconvict department might be committed. The governors would thus be lesslikely to change the aspect of transportation, according to theirparticular theories. [224]

Captain Maconochie was preceded in this branch of penal philosophy by agentleman, not equally celebrated, but who proposed changes as radical. It is amusing to observe, with what different objects, and how diversein spirit, similar mutations have been enforced. Dr. Henderson, thefounder of the Van Diemen's Land Society, on returning to India, offeredthrough the press at Calcutta a new scheme of colonisation, based onconvict government. That which existed he deemed defective in its mainprinciples, and futile in its results. The settlers he described, withsome contempt, as an inferior class, inflated with notions of libertyand equality, and debased by convict associations; prone to quarrel andencroach, but distressed with the endless vexations of their lot. Forbidden to punish the insolence of their servants; exposed to thedisgrace of meeting their accusations; or when they prosecuted a charge, liable to the strictures of the magistrate, who might penetrate thesecrets of their dwellings, and censure them in the presence of theirexulting slaves. Thus, though the author assumed the tone ofphilosophical discussion, he differed from others who professed toinvestigate principles: he observed--"We find the convicts in thecondition of slaves placed under despotic power. " "It is not necessaryto enquire whether it is for their benefit;" "they are not entitled toour sympathy, should they be treated with the rigour of slaves:" "theywill not often labor when they are removed from the dread ofpunishment. " "The magistrates should be relieved from forms andprecedents, and punish according to the intrinsic value of offences, andfor the public good. " "More injury is done by the trammels of the law, than by leaving the judges to their own discretion. " Such is the essenceof his system, which, however, always presumed the existence of a loftypurpose and a dispassionate administration. [225] For this largediscretion, however, he pronounced the existing settlers unfit: herecommended the employment of young educated gentlemen, under a board ofdirectors, and proposed as the primary object of discipline, neitherpunishment nor intimidation, but _productiveness_. Power being lodged inthe hands of the superintendents, without regard to _Burns' Justice_, orwritten regulations, they would check offences at once, and punishaccording to their social and material tendency. He held, as vitallyimportant, that all national views in reference to transportation shouldbe subordinate to the colonial welfare. Having formed agriculturalestablishments, and fitted them to become the home of capitalists, theofficers of government would give place to another class of employers. The house, the servants, and the cleared ground, would be disposed of bythe crown; the convicts, gradually trained, exalted into a freepopulation, and with their families would form a peasantry. The sale ofthese estates would repay the original outlay; and thus, without furtherdrafts on the treasury, the process could be renewed in an endlesssuccession. The lash, Dr. Henderson was far from rejecting as aninstrument of correction--"cheap and expeditious:" in short, his was aplan of slavery, and which conveyed semi-magisterial powers to theoverseers, and gave them a profit on the labor they might exact. 

Henderson had become sultanised by living in India: he was attached tothe spirit of its government; the legal formalities, which delight anEnglishman, seemed to him the degradation of rank, and a perniciouslicense to inferiors. In his imaginary commonwealth, he saw but twoclasses, which, in the language of the East, he distinguished as the"head and the hand. " He thought the judges should be required to aid thegovernors by their interpretations of the law; who, at the close oftheir administration, might be tried by their peers, and, if foundwanting, handed over to everlasting shame! Thus, his plan embodied thespirit of caste, of orientalism, and of the India House. He had nosimpering tenderness for the prisoner, while he attributed to the upperclasses an innate rectitude and self control, such as the Britishrecords of the East will hardly sustain. His speculations are worthremembering, for the contrast of their _animus_ with those ofMaconochie, and for the analogy in their details. 

FOOTNOTES:

[Footnote 221: The petition to the Commons prayed an enquiry into theefficacy of transportation to New South Wales as a secondary punishment:whether it should be continued, and under what alterations of thepresent system; or, if discontinued, in what manner, &c. --_Petition_, 1836. ]

[Footnote 222: It was not much better in England: the Rev. J. Claystated, that in Preston there were 422 dwellings, inhabited by 2, 400persons, sleeping in 852 beds; that is an average of five and afractional part as follows:--84 cases 4 in a bed; 28 cases 5, 13 cases6, 3 cases 7, 1 case 8; one family of 8 on bed frames, covered with alittle straw. --_Health of Towns Commission_, 1844. ]

[Footnote 223:

_Dr. _ _Cr. _A. 3 marks for getting drunk. | B. 1 mark for punctual atC. 2 marks for losing part of his | church. Sunday clothes. | D. 2 marks for generalE. 5 marks for wantonly assaulting F. | steadiness and obedience. -- | F. 3 marks for self command 10 | under grievous provocation. 6 | -- -- | 6 4 loss; falling one-half on those who obtained the entire stock of credit. ]

[Footnote 224: _Macarthur's Present State, &c. _ pp. 47, 49. ]

[Footnote 225: "They should have increased the barriers between him andthe convict; and in those investigations they should have leaned towardshim (the master), even at the expense of legal justice: his charactershould have been rendered sacred in the eyes of the convict. "--_Henderson'sObservations_, p. 12. ]

SECTION XX. 

At this era, no one will question the integrity or benevolence ofCaptain Maconochie, and it would be disgraceful in a historical work toadopt the language of prejudice, much more the invectives of a quarrel;but it is not less important to estimate aright both his opinions andhis plans. His description of the condition of the prisoners might beeasily illustrated by examples. There were settlers, not a few, to whosecare the prisoners were entrusted, who were unfit to govern a kennel. Low in their origin, corrupt in their principles, and detestable intheir lives--themselves differing from felons in nothing but theirposition. 

The unhappy prisoner entrusted to their charge, was insulted, coerced, and crushed. Sufficiently cunning to avoid a palpable infraction of theorders of government, they constantly violated their spirit. Physicalweakness, or mental incapacity, they treated as evasion or contempt. Prone to invoke the interposition of the magistracy, they droveunfortunate beings for slight offences to a tribunal, where thepresumption was always against them. In the presence of the magistratethey were smooth and supple; but the eye of the punished prisoner markedthe exultation of cruelty triumphant, and his course was rapid fromfailings to faults, and from faults to crimes. 

In the larger establishments, except where the humanity of the masterkept alive his vigilance, the men were sometimes placed in the power ofan overseer, himself perhaps an expiree; who, elated with office, delighted in the advent of his turn to torture. On such farms the rigourof discipline seemed essential to order: too often, the men differed butlittle from slaves. Violations of rule were deemed more pernicious bytheir example than their immediate inconvenience: to pass by a fault, was thought to license its imitation. The indulgences afforded by asmall settler, whose social happiness depended on their good humour, would have proved, where many herded together, an item of large expense. Punishments, the readiest instruments of control, were inflicted oncalculation: there was, perhaps, no anger in the breast of theaccuser--the defaulter he would have readily forgiven, had he stoodalone; but impunity would relax the reins of authority, and the lash wasinvoked because most convenient. The published documents of the House ofCommons illustrate the perseverance of masters, in repeating theirprosecutions; and the resistance and suffering of miserable men, who forthe long period of their service lived in constant warfare, andretaliated the social wretchedness they endured. An enquirer could notlong reside in the colony, without learning that many had borne asuccession of punishments sufficient to prostrate the strength of agiant, and which no mere animal in the creation could survive. 

Yet this is not a fair estimate of the character of the settlers, or theresults of assignment; and a want of discrimination in Maconochie, however unintentional, was a serious injustice. It was true, that theconstant vexations of a settler's life produced, too generally, a toneand manner, striking to a stranger, because not so common under happiercircumstances. The substantial benevolence of many employers is not theless unquestionable: a large number continued their liberated men intheir service, whom they had taught the arts of industry, brought underthe influence of moral instruction, and assisted to settle in life. Hundreds scattered throughout these colonies, who were born in thecontagion of wickedness, were rescued from habits of crime by the longand patient training of their masters. That many such have becomevirtuous, in the highest sense, could not be affirmed without hazard;but can this be said of the majority of mankind?

The charges of Maconochie incurred severe reproach, for their rashness. It is true, that the prominence of evil fixes the attention, whilehumanity is retiring and noiseless--as the riot of the streets concealsrather than illustrates the sobriety and order within doors; but aphilosopher should have taken into account this facility of error, whilecondemning with whatever severity the evils he might scan: lest heshould be found to set forth the exception as the rule, and the rule asthe exception. 

Were persons, who have passed through assignment, to give theirtestimony, a very large proportion would acknowledge that theircondition was not unhappy, or their masters unkind. In his estimate ofprisoners, Capt. Maconochie was equally deceived by a generousconfidence, or by his pity for human suffering. Some were, indeed, farsuperior to their degradation: they retained in bondage the principlesthey had derived from education, or the dispositions natural to theircharacter: offenders by accident, not habit; and some condemned by thatlast calamity incident to society, the mistakes of public justice. Amuch larger class were victims of early neglect: parental example, or ofthe social evils which are incident to the refinement, corruption, andselfishness of the age; but very many, whatever the cause of theirdepravity, were really and recklessly depraved. The pitying eye of thephilanthropist, glancing at their history, would find his compassion inthe ascendant, and in surveying their misfortunes might forget theircrimes; but to stand in contact with them; to struggle against theirpassions, to hear their profaneness, to correct their indolence, and tothwart their peculations--these were duties and trials, in the presenceof which the highest benevolence became practical, and theory gave waybefore actual experience. Nor is it easy to discover by what plan theinjustice of European society, or the misfortunes of youth, can changethe colonial aspect of depravity, or supersede the penalties provoked byindisputable wickedness. 

A close examination of the records in the police-office, not only provesthe revolting severity of our penal administration, but by preservingthe original character and colonial career of the prisoners, illustratesthe depth, continuity, and recklessness of their guilt. It was in thisdepartment of his investigation Maconochie dropped into serious errors. He entertained the conviction that the far greater number were wicked, because they were unhappy: nor did he sufficiently perceive, that in alarge mass of offenders the principles which debase them had becomeconstitutional by habit; and that nothing, short of divine power, couldchange the current of their passions, or the course of their lives. Fromsuch a view of human nature the feeling mind revolts, and thephilanthropist may justly cherish those animating hopes which instancesof reformation may save from the charge of folly; but a philosopher, constructing a system, cannot disguise facts with impunity: and nothingis more certain than that he whose expectations are disappointed, feelsa dangerous reaction, and passes from unlimited confidence toundiscriminating suspicion. The administration of the criminal laws, both in Great Britain and the colonies, presents a series ofalternations between rigour and laxity, which have proceeded from thealternate ascendancy of conflicting ideas, that can never settle intoharmony. 

Maconochie delighted to trace the better qualities of prisoners: howeven the most daring are moved by tenderness, and when kindly spoken to, melt into tears. Unhappily these characteristics too often exist incombination with passions which render them useless. It is, however, theduty of all to endeavour to elicit and nourish them; for though they butslightly relieve the depravity with which they are not incompatible, they afford a nucleus round which the social virtues often gather, andprevent the total despondency of those who labor for the welfare of theweak, the wicked, and the miserable. 

Sir John Franklin made a last effort to save the system of assignment. He defended the colonists from the imputations of Captain Maconochie, and exhibited statistics, which proved their anxiety to promote thespiritual welfare of the population. He maintained that the surveillanceof the government was active, the distribution of labor usuallyimpartial; the protection of the prisoners from injusticesecured by law, by the press, and by the constant scrutiny of thelieutenant-governor. He argued that the quiet submission of theprisoners was not ensured so much by military power as the consciousnessthat they were treated with justice. In his view assignment, by its nearresemblance to the ordinary combinations of social life, prevented theworst consequences of penal degradation, and tended to rouse thesympathies which crime might have rendered dormant; he, however, disapproved of assignment in towns, and for domestic service. [226]

The abuses of assignment were prominently exhibited in the instance ofClapperton, a man greatly trusted by his master, Mr. Alfred Stephen. Hewas guilty of embezzlement to a large extent: he was tried by CaptainForster, and sentenced to fourteen years transportation; but Clappertonwas famous as a clever cook, and as such was desired by the colonialsecretary, who, however, judged it right first to enquire whether hisservices would be in demand for the kitchen of the governor. The privatesecretary waived the precedence, and Clapperton was accordingly sent tothe residence of Captain Montagu. On the way to his destination hecalled at the house of his old master, to acquaint the servants with thefavorable turn in his fortune: this became known to Mr. Alfred Stephen, who found that, by the prosecution he had instituted, he had conferred afavor upon an official friend. He immediately appealed to Sir JohnFranklin, who was evidently unconcerned in the arrangement: he recalledthe man, and sent him to labor on the roads. The public discussion ofthis case excited a strong sensation: it illustrated the system, whichsent one man to toil on the chain, and another to wear the livery of thesecond officer of the government. 

Fifty gentlemen presented a requisition to the sheriff, to call ameeting, to discuss the abuses of transportation: this, however, hedeclined, and the requisitionists permitted the matter to drop, lest anexposure should endanger assignment altogether. It could only suggest tothe British parliament new arguments for abolition, when it was foundthat a doubly convicted offender was sent a few miles, into an opulentestablishment, to enjoy the dominion of the larder, to romp with themaids, traffick with the tradesmen, and command the means of viciousgratification; while a simple rustic, fresh from his firsttransgression, was subject to all the hardships of predial bondage. 

FOOTNOTES:

[Footnote 226: Despatch lo Lord Glenelg, October, 1837. ]

SECTION XXI. 

But Sir W. Molesworth had roused opposition to the prevailing system. The Commons' committee examined twenty-three gentlemen, whose testimonywould be without novelty to the reader of these volumes. The greaterpart concurred in the inexpediency of assignment, and in the usefulnessand importance of transportation. These witnesses were charged byMaconochie with a general indifference to the moral welfare and personalimprovement of the prisoners. A colonist would, however, easilydistinguish substantial benevolence from sentimental opinions; and theyknew, by the trials of experience, how toilsome are the most generousefforts to correct habits not to be softened by the tears of compassion, and which do not yield to the wand of the magician. 

The committee recommended that transportation to New South Wales, andthe settled districts of Van Diemen's Land, should be discontinued: thatestablishments abroad should be limited to places where no free settlerswere allowed to enter; that the abridgment of a sentence should bedetermined by fixed rules; that at its close, encouragement should beoffered, to such as might merit the favor, to go to some country wheresupport could be more easily obtained, and character recovered; and, finally, that no convict should be permitted to remain at the place ofhis punishment after its termination. 

Such were the recommendations of this famous committee, which werecarried into effect only so far as suited the convenience of theministers; who, however, stopped transportation to New South Wales, andrevoked the order in council by which that country was constituted apenal settlement. "On the 1st of August, 1840, " said Lord John Russell, "transportation to New South Wales will cease for ever. "

In van Diemen's Land, assignment was abolished: first in domesticservice, then in the towns; and the opinion was intimated by Lord JohnRussell, that he inclined to the views of Archbishop Whately, withlimitations and exceptions. [227]

Among writers upon the subject, who most strenuously maintained thepolicy of transportation, may be enumerated Bishop Broughton, Dr. Lang, Dr. Ross, of Hobart Town, Sir George Arthur, Sir John Franklin, Messrs. Macarthur, David Burns, and Captain Wood. They united in vindicating thecolonists from the imputation of profligacy and cruelty. Governor Bourkewas alone, among influential persons, a secret advocate of totalabolition. In writing to the secretary of state, he intimated hisconviction that, however strong the prejudice of the colonists in favorof penal labor, they were losers by the bargain; and that the socialmischief gathering around them would soon demand a total cessation. [228]

In the voluminous productions, which for more than twenty years teemedfrom the colonial press, the idea of total abolition was scarcelysuggested; except, indeed, in the year 1826, a colonist, under afictitious signature, hinted in modest language that free labor mightprove the cheapest in the end. The notion was tolerated, while thecountry was ravaged by bushrangers, but it was only treated as acuriosity and a dream. [229]

Towards the close of 1839, a meeting was held in the Mansion-house atDublin, to promote emigration to New Zealand. A resolution was passed, on the motion of Dr. Dickenson, the chaplain of the Archbishop ofDublin, which exhibited a frightful portraiture of the Australiancolonies. [230] Dr. Dickenson dwelt upon the social corruption, anddeclared that it was in vain to imagine a colony, so composed, couldever become respectable. The natural conclusion from the proportions ofthe census, the amount of crime, and the character of the expirees, wasunfavorable to the colonies; but the imputation of general vice andjuvenile depravity, were made most frequently by projectors of rivalsettlements, and were tinged with selfishness. The object of thearch-bishop and his chaplain warped their judgment, and their lofty toneinduced the public to believe that they were right; yet when theydescribed the colonies as vast brothels--as the dwelling of banditti, rank with the crimes and ripening to the ruin of Gomorrah--they wereguilty of injustice. Many, who labored to civilise the brutish, and toreform the vicious, read with just indignation the statements ofpersons, whose station gave weight to their accusations, when they toldthe world that the children of the settlers surpassed, by the precosityof their depravation, the dreams of misanthropy. Against these sweepingopinions, Major Macarthur, then on the spot, earnestly protested. Dr. Broughton, on this side the globe, made an energetic remonstrance, andasserted that the report of the transportation committee could be takenonly as the collection of facts, which were spread over a long period oftime, and were descriptive only of a base and dishonored fraction. Heasserted that a series of the _Times_ newspaper contained a successionof atrocities which, if combined, would exhibit Great Britain as themost worthless of nations. 

Inspirited by Captain Wood, of Snake Banks, the settlers of Tasmania hadendeavoured to check the calumnies which assailed them. A publicmeeting, held when the report of the committee arrived, requested theGovernor to do them justice. Sir John Franklin warmly denied thecorruption imputed to the settlers, and the chief facts alleged againsttransportation; and the clergy united in general commendations of theliberality, decorum, and religious habits they had witnessed. Thisappeal was not received with much favor in England, and the London_Times_ pertinaciously maintained that they were mere assertions ofindividuals--who represented that Van Diemen's Land, far from being aden of vice, was the place to look for virtue. [231]

The Archbishop of Dublin presented a petition from certain citizens ofLondon, praying for the total abolition of transportation. He declaredthat no opposition, derision, or contempt, should daunt him. He advisedthe establishment of insular penitentiaries in the neighbourhood ofGreat Britain, and he moved that the punishment of transportationshould be abolished immediately, completely, and finally. [232] TheBishop of Exeter, always in antagonism to Dr. Whately, asserted that hisrepresentations were exaggerated, and that crime amongst the native bornpopulation was one half less than in England. The whig Bishop of Norwichsustained the views of Dr. Whately. In reply, the minister stated thatthey had stripped transportation of its allurement. Some punishment forlife was essential; Englishmen would not endure the perpetualimprisonment of human beings, or the sight of felons in their streetsworking in chains. It was resolved, however, to reduce the proportiontransported, and to promote emigration. Lord Normanby observed, thatalthough the most reverend prelate had made the question the subject ofeight years meditation, he had not yet discovered a substitute whichcould justify abolition. 

The ministers of the crown resolved to diminish transportation, butnothing was prepared for a change so great as was implied by totalabolition: they, therefore, adopted a middle course, and Lord Normanby, in a despatch to Sir George Gipps, developed the policy then in theascendant. [233] The principal scene of the future experiment, chosen byher Majesty's government, was Norfolk Island, commended by its healthyclimate, its fertile soil, and its seclusion. 

When the former settlers relinquished this insular paradise, it was longabandoned to desolation. The timber of the buildings was consumed byfire, lest the place should allure and accommodate pirates or enemies. In 1825, when it was re-visited, the few swine left there hadmultiplied; the domestic cats had become wild, and the trees werethronged with pigeons and doves. The ruined walls and blackened chimneysspread over with the unpruned vine, the coffee plant, the orange tree:the road overgrown, the stone enclosure beset with rank vegetation, amidst which many a garden flower grew wild, presented a scene, perhaps, unprecedented, except by oriental desolations. [234]

It was proposed to erect a prison on the island, in which a large bodymight be lodged; for which plans were forwarded, and the expensesrequired authorised by the crown. It was intended to remove the convictsalready there; thus to preserve the prisoners transported from theunited kingdom from the contaminating example of their predecessors. Acommandant was to be appointed, at a salary of £800 per annum, who wasexpected to avoid the extremes of laxity and severity; qualified by adeep interest in the moral welfare of the prisoners. To this officeCaptain Maconochie was appointed by Sir George Gipps, and was permittedto test the ideas he had propounded, and to seek the success he hadforetold. It was expected by the government, that the labour of theprisoners would soon almost cover the cost of their support. 

The advent of Maconochie created vast excitement among the unfortunatebeings. The active efforts of this officer altered the tone of thesettlement, and inspired the desponding with hope: they changed theaspect of that abode of misery--where suffering, insurgency, andcarnage, had furnished a dark page in penal history. True to his creed, he removed the permanent gallows, which met the eyes of the prisoners asthey left their barracks for their morning toil, and abolished thedoubly-loaded cats, which had been heretofore the instruments ofpunishment. The impulse was powerful: a new tone of command, humane evento tenderness; the promise of speedy deliverance, wrought on the mindsof the prisoners with the force of novelty and surprise. The gaol doorswere thrown open: the gaoler loitered before the deserted prison, andthe prisoners yielded to the spell of a transient enchantment. On hisarrival, Maconochie issued an "exposition" of his plan: he told theprisoners that punishment would be inflicted, to inspire the thoughtlesswith reflection and the guilty with repentance. Such would be itsobject, and such its limits. He exhorted them to a manly endurance and adiligent preparation to acquire the comforts of _honest_ bread. Heassured them, that while the escape of the incorrigible would be barredfor ever, he would delight to hasten the freedom of the worthy. Thusthose that earned 6, 000 marks would discharge a seven years' sentence, or 7, 000 would be required for ten years' servitude; and 8, 000 was thecomposition proposed for a sentence for life. They were, however, toenjoy a portion of their earnings, which they paid in exchange forluxuries, or to reserve the whole to hasten their discharge. Thus it waspossible to obtain a ticket-of-leave in one, two, or two and a-halfyears, from a sentence of seven, ten years, or life. He deprecated thoselengthened punishments, which deprive men of the years of youth, andstrengthen and ripen every evil propensity into fatal maturity. 

While the government of Norfolk Island developed the novel system, accounts were conveyed to the colonies only at intervals: some in thespirit of hostility, and others because they were idle, delighted todepict the enthusiastic Maconochie as the subject of delusion, and thebutt of ridicule among those he reformed; but the climax at last came. 

Never was Norfolk Island so gay, or its inhabitants so joyful, as on the25th May, 1840. A proclamation had been issued by Maconochie, describingthe pleasures and festivities he contemplated. On this occasion heresolved to forget the distinction between good and bad, and to make noexception from the general indulgence; but he entreated the men toremember that on the success of this experiment his confidence wouldgreatly depend: he warned them to suppress the first tokens of disorder, and by retiring to their quarters at the sound of the bugle, prove thatthey might be trusted with safety. On the morning of the day, the signalcolours floated from the staff, crowned with the union jack: twenty-oneguns, collected from the vessels and from the government-house, weremounted on the top of a hill, and fired a royal salute. The gates werethrown open, and eighteen hundred prisoners were set free, and joined invarious amusements, of which Captain Maconochie was a frequentspectator. Eighteen hundred prisoners sat down to dinner, and at itsclose, having received each a small quantity of spirits with water, theydrank health to the Queen and Maconochie--three times three for Victoriaand the captain rent the air. They then renewed their sports, orattended a theatrical performance. New scenery, dresses, music, andsongs, contributed to the hilarity of the party. The performances were, the _Castle of Andalusia_, in which the comic powers of the prisonerswere exhibited to their companions, a variety of glees and songs, thetent scene of _Richard III. _, the _Purse, or the Benevolent Tar_, andfinally the national anthem. [235] At the termination, no accident hadoccurred; the gaol was entirely unoccupied; no theft or disorder haddisgraced the day; and thus the notion of Maconochie seemed to beillustrated by the experiment. The contrast with the past system createdthe greatest amazement, and the description of this extraordinary sceneexcited universal laughter. 

The long habit of connecting the notions of crime and punishment, ofguilt and misery, was thus violently shocked. Its novelty gave to thepolicy of Norfolk Island the air of delirium: the disciplinarians of theancient regime raised their hands with astonishment. The place, once ofall most hateful, painted by fancy became an elysium: employmentenlivened by plays, rum, and tobacco, was described as a cheeringvicissitude in a life of crime. It was not difficult to see, that areaction would follow, and that any untoward accident would produce arecoil. 

It is said, that the prisoners at Norfolk Island deeply sympathised withtheir chief: that they combined in a society for mutual reformation, andthat the paper which contained the outlines of the plan was headed bythe well-known motto of the Irish liberator--

"Hereditary bondsmen! know ye not, who would be free, Themselves must strike the blow. "

These promising appearances were soon followed by a catastrophe, attended with sad sacrifice of life. 

On 21st June, 1842, the _Governor Phillip_ stood in the Bay. A prisoner, seated upon a rock, awaited the return of his companions from thevessel, twelve in number: they had been sent to assist in unloading thestores, and had remained all night. He heard firing on board, and ran togive notice to the nearest officer: the vessel had been taken. Therewere twelve soldiers, beside eighteen seamen. Two sentries were placedover the hatchway, but the prisoners were allowed to pass to the deck, where they noticed the negligence of the guard, which they rapidlycommunicated to their comrades below. In a few minutes they were all ondeck: they rushed one sentry, and attempted to seize his pistols; thenthrew him overboard: the other resigned his gun. Two unarmed soldiers, who were accidentally on deck, struggled against them; they wereunsuccessful: one took refuge in the main chains, and slipped down intothe launch; the second attempted to swim ashore, but when within a fewyards from the rock, he uttered a cry, raised his hand, and disappeared. The sergeant having gained the deck, shot the nearest of the mutineers;but he received a blow which rendered him insensible. The sailors ran tothe forecastle, and the hatches were fastened down; but the prisoners, unable to work the vessel, summoned two sailors from below to assistthem. The soldiers, having broken through to the captain's cabin, firedthrough the gratings: several mutineers were wounded. The convicts thenproposed to send the sailors on shore, and demanded the surrender of thecaptain, who answered with a shot, which struck the leader in the mouth, and passed through his brain: the remainder instantly ran below, and thevessel was retaken. One soldier, who had attempted to reach the shore, had been compelled to swim back, and had been saved by a mutineer; butin ascending the side of the vessel was shot by the sergeant in mistake. The prisoners now asked quarter, which was granted; but one, on reachingthe deck, received a shot in the thigh: another raised his arms, andcried "spare me!" Either by mistake, or in revenge, his head was blownoff by the fire of the soldiers. Thus the deck was covered with thedying and the dead. The wounded were landed, and the bodies of thoseslain were buried by moonlight. 

The prisoners were confined together in a large room of the gaol, wherethey were visited by the chaplain and commandant, who both labored toawaken them to a sense of their guilt. Several were remarkable for theirmisfortunes and their crimes. They were conveyed to Sydney in the vesselthey attempted to capture. On their arrival, crowds met them, anxious tocatch a glimpse of the men who had dared, unarmed, so bold anenterprise. They met their fate with fortitude, and their last wordswere in grateful remembrance of Maconochie. The chaplain who attendedthem, has described[236] the gratifying change of which he was thewitness; and mentions with natural indignation the negligence whichsuggested the attempt, the cowardice with which it was resisted, and thecruelty displayed in its suppression. 

Before deciding the merits of Maconochie's system by the result atNorfolk Island, it is proper to estimate the disadvantages under whichit was tried. The island was not cleared of its former occupants, andthus its corrupting traditions were perpetuated. The officers employedhad been formed under another system: several regarded the process withcontempt, and were involved in quarrels with its projector. Theyresented the diminution of personal consequence, by an attempt to giveprisoners the air of free men. [237]

The application of marks in redemption from a time sentence, wasforbidden in cases of second conviction: thus, while some were spurredon to labor by the prospect of earlier liberty, the older and worstoffenders were rewarded in having at their own disposal the time theysaved by extra exertion; too often injuriously passed. 

The small extent of the island, and the absence of a free employingpopulation prevented an uniform practical liberation of the prisoners:vessels were not always at hand, and thus tickets-of-leave were grantedto prisoners, who were employed on small farms allotted for their use. The obstruction to rapid dispersion prevented the hope of liberty fromacting on the imagination with proper efficacy. The experimental natureof the plan was injurious to its fame. It required constant adjustment:irregularities and excesses suggested new details, and gave to themovements of the commandant the aspect of vacillation. 

The settlement continued under the command of Maconochie four years;during which time another Plan, known as the probation system, waslaunched on the sea of penal speculation. The destination of NorfolkIsland was reversed: no more the school of reform, it was to be made thelowest deep of transportation; and well has its destiny beenfulfilled. [238]

Sir George Gipps, in his address to his council, [239] announced that, after two years and a-half trial, it was found that the expense hadgreatly increased; he had, therefore, resolved to transfer the prisonersfrom Norfolk Island to Van Diemen's Land. It had been at firstcontemplated to establish in that island not less than from two to fourthousand men; but this accumulation the ministers had found it necessaryto abate: and he expressed his conviction that that settlement would beonly reserved for the restraint of incorrigible offenders, and thepunishment of aggravated crimes. [240]

Sir George Gipps deemed it necessary to visit Norfolk Island (1843). Hisstay was too brief for more than a superficial survey. His impressions, on the whole, were favorable. He found the men orderly, respectful, andcontented. The "old hands, " or colonial convicts, formerly subject to adiscipline severe to cruelty, were softened in their demeanour. "Greatand merciful as the amelioration, no evils had resulted equal to thoseprevented. " The lash was disused: the men were permitted to walk abroadduring their leisure; to fish or bathe; to mix sweet potatoes with theirmaize bread--an indulgence greatly prized; to use knives, and otherconveniences before denied them: yet beneath these pleasing appearancesa fearful demoralization was traced. The prisoners from Great Britainwere exposed to examples of appalling sensual degradation: vicesprevailed which have ever stained that island. 

The colonial press, uniformly hostile, was crowded with grotesquedelineations--a style of opposition, when not ill-founded, more fatalthan the most bitter criticism. The politeness of Maconochie to his men, and which formed a part of his system, was the subject of constanthumour: he treated them like gentlemen in distress; they regarded him asa patron and benefactor. [241] The recall of Maconochie had beencontemplated from the publication of the birthday festivities of 1840:his administration was, however, prolonged until 1844, from thedifficulty of finding a qualified successor. 

The people of New South Wales, who regretted the abolition of assignmentas a calamity, disapproved the scheme of Maconochie. The legislativecouncil declared against the transportation of convicts to NorfolkIsland, not only as hopeless in reference to the moral recovery of theprisoners, but tending to perpetuate all the evils of transportationwithout its advantages. They requested that prohibitory measures mightbe adopted to prevent them from entering the colony at the expiration oftheir sentences (1840). 

The trial of the "mark system" in Norfolk Island during a period offour years, according to Captain Forster, totally failed. This was themost important element of Maconochie's reform discipline. The men, however, found means to render the accumulation of marks independent ofindividual conduct and moral reformation. The amount, which ranged fromeight to thirty marks a-day, afforded ample means for corruption. Clevermechanics were rewarded for their skill; the strong for their strength. The convict clerks falsified the accounts; men transferred their marksto each other as a private traffic. Offences were mostly punished by theforfeiture of marks: blasphemy at thirty; insolence at fifty; andgreater insubordination, two or three hundred. These are therepresentations of an officer hostile to the plan; but they are such asare probable in themselves, and are inseparable from every systemadmitting indefinite good conduct as a positive claim toliberation. [242]

The officers had been permitted to keep shops and to traffic with theprisoners; and, it was said, that a vessel was freighted from Sydney tosupply them with goods. It was, however, asserted by Maconochie that thepractice had prevailed before his time; that it was in harmony with themilder views which led to his appointment, and conduced to thedevelopment of social virtues; that the re-convictions of personsdischarged from the island were one-third less than of prisoners trainedin Van Diemen's Land. Captain Maconochie repudiated "the fearfulconclusion, that to make men examples to others, it is necessary todestroy them, body and soul. "[243]

Nothing could have been more ill-judged than the selection of NorfolkIsland for the experiment. The detention of the doubly-convicted, menlong practised in the vices of the island, was still more unfavorable toa moral reformation. The preliminary accommodations, directed by LordNormanby, were not provided: even friendly officers were not secured;and had the scheme been ever so sound in its principles, its failure wasinevitable. In retiring from office, Maconochie was permitted torecommend for indulgence all whose expectation of release was justifiedby his promises, and he left the island regretted by the prisoners. Atotal change was contemplated in the discipline of the place: NorfolkIsland returned to its former character as the "lowest deep. "

FOOTNOTES:

[Footnote 227: These views are thus stated by the Archbishop:--"Thus, under a reformed system of secondary punishment, supposingtransportation abolished, it strikes me as desirable, with a view to thepreservation from a return to evil courses of persons released frompenitentiaries, &c. , after the expiration of their punishment, that suchas may have evinced a disposition to reform, should be at their owndesire furnished with means of emigrating to various colonies, Britishor foreign, in which they may mix, not with such men as their oldassociates in crime, but with respectable persons unacquainted withtheir past history; and may thus be enabled, as the phrase is, to turnover a new leaf. ' This, of course, implies that they should not emigratein a body to any one place, and as a distinct class. For juvenileoffenders the same course would, perhaps, be even still moresuitable. "--_Letter addressed to the Rev. H. Bishop, on the evidencetaken before the Transportation Committee; containing his Grace'sopinion on the efficacy of the punishment of transportation. _]

[Footnote 228: "I may venture to assure you, the colonists will feelgreat satisfaction at the declared intention (1833) to continuetransportation.... The great advantage they derive from the laboroutweighing, in their opinion, the mischief. Regarding, however, theadvancement and prosperity of this colony, as now placed on foundationswhich cannot be shaken, I am strongly impressed with the belief, thatthe manners and morals of this people would be much improved, andultimately their wealth and happiness would be much augmented, by agradual relinquishment of the services of convicts. Yet I am aware thatthis sentiment is not generally prevalent among the settlers, and Ishall therefore abstain from troubling you with any detailedexplanations, upon which my opinion is founded. "--_Despatch ofMajor-General Bourke, addressed to Mr. Secretary Stanley_, 1834. ]

[Footnote 229: _Hobart Town Gazette. _]

[Footnote 230: "Resolved--That in the opinion of this meeting it isunjustifiable to induce intending emigrants to take up their abode inthe midst of the vice and immorality which notoriously prevail in thepenal colonies; but that such persons should be encouraged to settle incountries, where they will not only be likely to thrive in fortune, butto lead good lives, and bring up their children in virtuous habits. "]

[Footnote 231: _Times, February 11th, 1840. _]

[Footnote 232: House of Lords, 1840. ]

[Footnote 233: May 11th, 1839. ]

[Footnote 234: For an account of Norfolk Island see vol. I. ]

[Footnote 235: The following are the characters and performers in the_Castle of Andalusia_: _Don Cæsar_, John Lawrence; _Scipio_, GeorgeRolfe; _Fernando_, James Walker; _Alphonso_, Henry Whitton; _Spado_, James King; _Pedrillo_, James Monns; _Sanguino_, James Cranston;_Rafrino_, James Porter; _Calvetti_, William Smith; _Vasquez_, R. Saunderson. ]

[Footnote 236: See _Chambers' Miscellany_, vol. I. ]

[Footnote 237: The idea of employing the prisoners as jurors, will notappear more strange than as witnesses, except that it is unusual:--

"These may appear singular proposals, and I readily admit that theabsolute _rights_ of prisoner jurors, and thereby their power ofdirectly controlling the course of justice, might, without impropriety, be for a time somewhat restricted, though, if properly trained up to theprivilege, and this latter confined exclusively to men in their laststage, they would very rarely, I am certain, be found wanting in whatwas required of them. But apart from this, the objects of interestingprisoners, when under a course of moral discipline, in theadministration of justice, and of giving them confidence in its equity, are very important ones--perhaps not any in all their management aremore so: and both are absolutely wanting now, and may well be so in thecircumstances in which they are placed. 

"In 1839, the year before my arrival at Norfolk Island, 811 cases weretried; of which only four ended in acquittal--such was the certainty atthat time of conviction if accused. In 1840, I acquitted 90 out of 416tried. (I was then, perhaps, too difficult about evidence, and in myinexperience carried abstract principle too far. ) In 1841, I acquitted25 out of 297 tried; in 1842, 24 out of 326; and in 1843, 16 out of 429. I was much in the habit of employing the officers about the court as asort of jury, referring to them, though not formally, in cases ofdifficulty, and inviting them to ask questions. And I very earlyappointed an intelligent prisoner, in whom I otherwise had confidence, to speak for men accused of local offences, and make the most of theirseveral statements, on condition, however, that he never said for themwhat he knew to be directly false. He thus served me very much, for whathe did not say I sifted with the more care; and the plan altogether, andit is nearly that in the text, answered extremely well. It greatlyimproved the pleader himself: under the new impulses given to both hishead and heart, he became almost a new man: while stupid prisoners, whocould not speak for themselves, had as good a chance given them as thecleverest, and the latter, another very important point, had nobetter. "--_Maconochie on the Management of Prisoners in the AustralianColonies. _]

[Footnote 238: The following extract from Maconochie's pamphlet, may betaken as his plan, matured by experience:--

"The management of penal settlements should be as follows:--1. Afictitious debt of 6, 000, 8, 000, or 10, 000 marks should be createdagainst every man, according to his offence, which he should redeem bylabour and other good conduct, having a proportion placed to his creditdaily as wages, according to his behaviour, and suffering a loss by fineif he offends. 2. No ration should be allowed him of right, except breadand water: for every thing else, following up the analogy thus createdbetween marks and money, he should be charged in them. 3. He should beallowed, however, thus to expend his marks for present indulgencies towhat extent he pleases, but never to obtain his discharge, till from hislabour and economy combined (both voluntary) he shall fully redeem hisdebt. 4. On first arriving at a penal settlement, for a period not underthree months, but beyond that depending entirely on his own regularityand proficiency, and the acquisition of marks exhibiting them, histreatment should consist of moral, religious, and other intellectualinstruction in a penitentiary. 5. After this, he should for a time notunder eighteen months, but the period also depending on the acquisitionof marks, serve in a mutually responsible party, labouring forgovernment, and disqualified for any situation of trust, authority orindulgence under it, or for any private service. 6. After this, heshould hold for not less than fifteen months (making three years inall), and beyond this till he has fully redeemed his marks and earnedhis entire discharge, a ticket-of-leave in the settlement. 7. In thislast stage every reasonable facility should be afforded him toaccumulate a little money against his return to society. For thispurpose small farms or gardens should be let to men holding thisindulgence, at moderate rents in kind:--any stock or edible produce theymay raise on these, beyond their rents, should be purchased from them atfair prices into the public stores:--and a fixed proportion of them (3, 4, or 5 per cent, of the entire number of prisoners on the settlement)should further be eligible, as selected by their superintendent, to fillsubordinate stations of trust in the general management, and receive(say) 6_d. _ per day as money salary, besides the marks attached to theirsituations. (In my proposed regulations I suggest also another mode ofgiving the men a little money to take with them on their return tosociety--which is, perhaps, a little extravagant, and it would thusadmit, at least, of modification; but the point is very important. ) 8. On discharge the utmost possible facilities should be afforded the mento disperse;--and their final liberation, as well as every intermediatestep towards it, should in every case depend solely on having served the_minimum_ time, and accumulated the corresponding number of marks. Nodiscretion on either head should be vested in any local authority. Thewhole arrangement should be, as it were, a matter of contract; and thelocal authorities should have no other control over it, than to see itsconditions on both sides punctually fulfilled. "--_Maconochie'sManagement, &c. _]

[Footnote 239: 1843. ]

[Footnote 240: Address to the Legislative Council of New South Wales, August, 1842. ]

[Footnote 241: "The whole island, we understand, is in a disorganisedstate, and thefts of every day occurrence. A few weeks since a boat (thesecond) was ran away with by nine convicts: one named Barratt, who a fewdays before he left the island had been charged with making a picklock, for the purpose of robbing the store, of which he was acquitted; andCaptain Maconochie actually begged his pardon for allowing him to belocked up. "--_Sydney Herald, July 26 1841. _]

[Footnote 242: _Comptroller-general Forster's Report, _ 1845. ]

[Footnote 243: _Observations on the State of Norfolk Island: Par. Pap. _1847. ]

SECTION XXII. 

Lord Normanby was succeeded by Lord John Russell, 1840. The decrease oftransportation to Norfolk Island and Van Diemen's Land, was interpretedas an intention to terminate the system altogether. This was avowed inthe usual organs of the government, and the colonists were warned[244]to prepare for the change which awaited them. Thus the total numberarriving in Van Diemen's Land in 1839 and 1840, was little more than2, 000: less than one-fifth of the usual number transported. 

Two thousand inhabitants of New South Wales made a last effort torecover their share in the benefits of convictism. They forwarded apetition to the British parliament, entreating the continuance oftransportation for five years longer. Lord John Russell regarded theirrequest as a strong argument against compliance; and a few weeks aftersettled the question by cancelling the order in council! The intentionof Lord John Russell was to limit transportation to the worst class ofoffenders, estimated at 500 per annum. 

Sir William Molesworth endeavoured to prevent the restoration of thepractice, and proposed to supply the demand for labour by anticipatingthe land fund. The decision of parliament was precipitated by thecontrivance of a friend of Captain Maconochie, Mr. Innes, who, in apamphlet of considerable acumen and literary merit, set forth the valueof his scheme. He asserted that the advantage of transportation as areformatory and deterring system, notwithstanding the numerousexperiments, remained yet to be resolved. [245] The House of Commonsnegatived the motion of Molesworth (September, 1840), and the crowdedcondition of the hulks excited serious complaints. The House of Commonsresolved that the sentence of transportation should be carried intoeffect, and the prisoners sent out of the country. Lord John Russellthen observed that, although he admitted that it was desirable to send acertain number of convicts abroad, where after their liberation theymight earn their own livelihood, "he was bound at the same time toconsider the state of society, and not expose it to the evils likely toresult from a disproportionate number of convicts. " (April, 1841. ) Heannounced that not fewer than 2, 000 would be sent to Norfolk Island andTasman's Peninsula. 

During these debates, Captain John Montagu, the colonial secretary, wasin England. The views of this colony were favorable to transportationunder the plan of assignment: many, indeed, were anxious to obtain, through the old channels, the supply of labour so necessary to theirprosperity. Montagu succeeded in removing some impressions atDowning-street, unfavorable to the colonial masters, and was welcomed astheir successful advocate and general benefactor. At a public dinner, given to celebrate his return, all parties united in expressions of warmrespect and gratulation. The roads, he observed, were to be made, publicworks to be completed, and labour to be abundant. When in England, itwas said, "Mr. Montagu steadily pursued one object: transportation--nomatter under what modification. " The system of assignment had alreadyterminated. 

It had been determined that all new prisoners should be worked in gangs, and on their dispersion should receive two classes of tickets; the lastgiving them greater freedom. It had been recommended by the secretary ofstate, to compel the prisoners in service, to wear a badge; but thisopen mark of slavery was exceedingly offensive, and indeed, as ameasure of police, exceedingly impolitic--not only calculated to degradewell-conducted men in their own eyes, but to facilitate recognition, andsecret signs; and perhaps the confederation of a large class, whosenumbers it was so desirable to disguise. 

The probation system, initiated by Sir John Franklin in obedience to theorders of Lord John Russell, was intended to combine the principlesafterwards extended by Lord Stanley with some of the advantages supposedto result from assignment. The former practice, by which the governmenttransferred the prisoner without delay to the service of a master, lefthis fate to accident. 

Sir John Franklin endeavoured to meet, as far as possible, the views ofall parties. To carry out the plans of Lord J. Russell, he proceeded toform gangs of from two to three hundred men, and to locate them whereverit might be practicable to render them useful. The superintendence ofthe scheme he committed to Captain Forster, who at the same moment heldthe office of police magistrate, and whose administrative tact washighly esteemed. The effects appeared, at first, encouraging, and thedespatches of Sir John Franklin gave promise of success; but in 1842 hefound it necessary to recall the favorable opinion: he found that manygreat and formidable evils were rising into strength, and that the gangshad far from realised his anticipations in the moral improvement ofconvicts. [246]

It is probable that transportation would have been limited by Lord JohnRussell, had not a change of ministry thrown the colonies into the handsof Lord Stanley. This nobleman, who succeeded September, 1841, differedgreatly from his predecessors. He hinted that the colonies were notentitled to separate consideration--scarcely to notice, in thediscussion of this question. That the interest of the mother country wasthe final and sufficient object to regard; but he did not hold thecommon views of assignment. He thought that it had been far too hastilycondemned. Thus it did not seem improbable that on his return to powerthe former system, so highly prized by the colonists, would be restored. 

FOOTNOTES:

[Footnote 244: _Courier_, February, 1840. ]

[Footnote 245: The following eloquent and touching appeal closes thisvery able production:--

"I am well aware of the scorn with which the main principle recognisedin these pages--the reform of the culprit, is regarded by many persons. I know that the task is pronounced a hopeless, visionary one. But, thata being _lives_, is a Divine authority for believing him not to bebeyond hopes, in which his own reclamation is implied. That the task isnot an easy one, is admitted; but that is the case in reference to everyother end of penal institutions as well: and, is it really so very muchmore difficult to reclaim a criminal than any other man given to vice? Ibelieve not;--criminals, I think, will be found even more accessible toreligious influences, sympathisingly applied, than those whose errorshave had a less equivocal stamp. Their apparent hardness of heart is notalways the native hardness of the rock, but more often the frozenhardness of the ice, which the sun of human sympathies may melt again. The world, accustomed to judge them harshly, to see only their crime, and to see it without its palliations--to out-cast them, makes them whatthey become; when instead, a discreet humanity might have convertedmany, after a first transgression, into useful and honored members ofsociety. 

 'The tainted branches of the tree, If lopp'd with care, a strength may give, By which the rest shall bloom and live All greenly fresh and wildly free: But if the _lightning_ in its wrath The waving boughs with fury scathe, The massy trunk the ruin feels, And never more a leaf reveals. '"

--_Secondary Punishments. By Frederick Maitland Innes. _ 1841. ]

[Footnote 246: November, 1842. ]

SECTION XXIII. 

When the new secretary of state saw that the probation gangs, formedunder Lord John Russell's directions, were not attended with moralbenefit, he attributed the failure to the defective supply of religiousteaching, and not to the inherent qualities of the scheme. It becamenecessary to reorganise the whole plan, and to provide for thetransportation of 4, 000 men annually. Lord Stanley was greatlyperplexed; but Captain Montagu (dismissed by Sir John Franklin) and theattorney-general of New South Wales happened to reach Downing-street atthe moment: in concert with them, Lord Stanley framed the celebrated"System of Probation, " which has astonished the whole civilised world. 

The employment of men in gangs, had been practised from the foundationof these colonies: they usually, however, consisted of persons undershort colonial sentences, and who were only sequestered awhile fromsociety. The distribution of ten or twelve thousand men over a settledcountry, in parties of from two to three hundred, and subject to anoversight not usually exceeding the ordinary superintendence of freelabor, was indeed an experiment, and fraught with the most importantconsequences. 

At the head of this scheme was a comptroller-general, appointed by royalwarrant, who, as colonial secretary for the convict department, was incommunication with the governor alone. Under him were superintendentsand overseers, religious instructors, and all other subordinateofficers. He was authorised to make rules for the government of thewhole, and these were minute and elaborate; and gave to the departmentthe air of a great moral and industrial association. 

The most severe form of this discipline was established at NorfolkIsland, for the prisoners for life, or not less than fifteen years. Forthis purpose the island was relieved of persons entitled by the promisesof Captain Maconochie to a more indulgent treatment, and the remainderwere detained to assist in the preparation of buildings for the newplan. Thus the traditions of Norfolk Island--a complicated theory ofevasion, artifice, pollution, and fraud--were preserved on the spot, andpropagated through all the gangs located in Van Diemen's Land. 

Persons sentenced for less offences, were transported to Van Diemen'sLand: were formed into gangs, generally placed in close vicinity to thesettled districts. Into these, men were drafted from Norfolk Island, when their first stage of probation was closed. The superintendents wereinstructed to keep a record of industrial and general improvements: thereligious instructors were to insert a similar statement of moral andreligious advancement. Thus it was expected, that at any instant thecharacter and merit of every man might be known. The denominationsselected to supply religious teaching were the episcopalian, wesleyan, and Roman catholic. The convicts having passed this probation weredeclared eligible for hire at wages, and entered the service ofsettlers. This portion of their progress was divided into three stages:in the first they were entitled to one-half, in the second totwo-thirds, and in the last to their entire earnings. The masters wereexpected to pay the surplus into the hands of the crown; and thepassholder was informed that the sum, if not forfeited by misconduct, would be receivable at his discharge, or in the event of death by hisheirs. The fourth stage was revocable pardon, or ticket-of-leave: theholder could possess property, sue or be sued, and enjoy all theordinary advantages of freedom, subject to police inspection. The laststage, pardon--conditional, or free: if the former, it removed theconsequences of conviction in the colonies--if the latter, it had thateffect in any part of the empire; but the enjoyment of thisenfranchisement was made entirely dependent on the royal pleasure, andcould not be demanded as a right. Such were the main provisions of thescheme: so fair in its outlines, so prodigious in its results. [247]

In describing the operations of the probation system, it may bedesirable to trace throughout the branch established at Norfolk Island. Major Childs, the commandant in succession to Captain Maconochie, wasnominated by Lord Stanley. His fitness for the office was assumed fromhis reputation as a strict disciplinarian: in this the minister wasmistaken. It must not, however, be forgotten, that many of the mostflagrant evils attributed to his administration, had existed atdifferent periods during the preceding experiments. 

The island was annexed by parliament to the government of Van Diemen'sLand, and thus terminated a connexion with New South Wales, which hadsubsisted from the colonization of that country. 

Captain Forster, who succeeded to the chief control, was hostile toMaconochie's system, and proceeded to interdict all the privileges hehad been accustomed to grant. A gang system of labour was restored; thebarter of food was forbidden; vegetable stalls, pork shops and generalstores, herds of swine and private gardens, were swept away. Thus, toall the prisoners left behind by Maconochie, the new regulations wereequal to an additional sentence. 

Two classes of prisoners were sent to Norfolk Island under the newsystem. The doubly-convicted colonial prisoners, and persons sentencedin England to transportation for fifteen years or life: the accumulationof both was rapid. Many bushrangers and other capital convicts, weretransmitted to that settlement, to whom the arts of a prison were fullyknown; who were celebrated as "flash" robbers; and who bore down bytheir tyrannical wickedness all the weaker or better men within theirinfluence. The numbers on the island in 1845, were nearly 2, 000; of whomone-fourth were colonial or doubly-convicted prisoners. For these rapidadditions no preparation was made: the buildings in the island, adaptedfor prison purposes, were dilapidated and insufficient. In the sleepingwards, the hammocks were placed in contact: the men were shut up afterdusk, from eighty to a hundred together, in charge of a convictwardsman, until the morning. The place of promiscuous association wascalled the lumber yard, and was subject to the dominion of a "ring:"there old and new prisoners met; it was regarded as an _Alsatia_, orsanctuary. To arrest a prisoner there would have risked the life of theconstable: attempts were sometimes met with concerted resistance: thewhole body would surround the culprit, and draw their knives indefiance; in several instances the officers were assaulted withviolence. The assembly of such numbers in one spot destroyed allauthority: the officers did not choose seriously to infringe theprivileges of the "ring. " Those who gave information or evidence, did soat the venture of their lives. The harmless prisoners were the victimsof oppression and rapid deterioration. At a station where the Englishand colonial convicts were intermixed, the colonial suffered variouspunishments, in three months 58 per cent. , the English 30 per cent. ;while the English separated from direct contamination suffered onlyabout 18 per cent. Thus contact evidently produced one-half the penaldisorders of the English convicts. 

The incapacity and corrupt practices of the officers were seriousobstructions to their usefulness. Thus, they were found to traffic withthe men; to obtain their services under false pretences. Thesuperintendents left the actual supervision of the work to the convictsub-overseers, who, had they been inclined to preserve order, or toenforce labor, would have been liable to vengeance. 

The Rev. Thomas B. Naylor, chaplain, who quitted his employment in 1845, addressed a letter to Lord Stanley, describing the condition of NorfolkIsland. This letter was intended for publication; but being placed inthe hands of Captain Maconochie, he transferred it to Lord Stanley. Mr. Naylor asserted that the regulations were neglected: the commandant, agood intentioned but blustering person, was utterly incompetent tosecure obedience. Thus the island was ever on the verge of insurrection. Large gangs had succeeded by mutiny in obtaining terms with theirofficers: the commandant himself had been knocked down. Convicts ofevery grade were intermixed; the fresh feelings of English prisonerscruelly insulted; youths seized upon with abominable violence--_interchristianos non nominandum_. He described the parade of separation, classification, and religious instruction, as an elaborate scheme ofdelusion. [248]

The reports transmitted by different parties from Norfolk Island, werepublished in the colonial newspapers; and the lieutenant-governor(Wilmot) was induced to issue a commission of inquiry, entrusted to R. P. Stewart, Esq. , whose bold and faithful delineation of abuses morethan sustained the rumours that prevailed. 

On his return to head-quarters Mr. Stewart furnished a minute report. Hestated that the reins of authority were relinquished, and that theanarchy and insubordination justified the fear that the whole islandwould be involved in mutiny and bloodshed. He considered the commandantdeficient in the qualifications required by his arduous and perilouspost. This report occasioned the utmost alarm, and the executive councilresolved on the removal of Major Childs without delay. 

On leaving Norfolk Island, Mr. Stewart, in obedience to hisinstructions, recommended the commandant to a more stringent discipline. Many colonial convicts, who constituted the "ring, " exercised a powerover the less daring, which intimidated more than the authority oftheir officers, or the fear of punishment. The "flash" men conspiredwith the cooks to deprive their fellow-prisoners of their food, and werepermitted to prepare in their own dishes the produce of their frauds. 

To end this scandalous robbery of the well disposed, Mr. Stewartrecommended that all should be deprived of cooking utensils, and receivetheir rations dressed. Unhappily the stores on the island were notsufficient to afford the stipulated quantity and kind of food. Manysuffered from dysentery, which the medical officer considered to beaggravated by the state in which the maize was prepared. The sweetpotato, which mixed with the meal so greatly improved the diet, was nolonger attainable; pork was absurdly issued instead of vegetables; andthe deficiency of proper food--a greater grievance than any amount ofseverity--provoked their murmurs and threatenings. 

Among the leaders of the "ring, " were Westwood, or Jacky Jacky, andCavannah, both bushrangers, recently re-transported. They were both ableto read and write, and possessed a sort of intelligence which renderssuch men more dangerous. The conduct of the English prisoners at thestations, where they were separated from the doubly-convicted, was farfrom disorderly, and punishments were rare. There was no lack ofseverity elsewhere. A stipendiary police magistrate, appointed shortlyafter the system was changed, organised a body of police: twenty-fivethousand lashes were inflicted in sixteen months, beside other forms ofpunishment. The men committed to the gaol were often tortured: iron-woodgags were bridled in the mouth. Men were sometimes tied to bolts in thewalls, the arms being out-stretched, and the feet in contact fastened onthe floor: this was called the "spread eagle. " The solitary cells, asthey were named, were often crowded, and the men exposed to more thandisease. Yet all this severity was useless for the purposes ofdiscipline, while the precautions against violence and crime werecomparatively neglected. 

The apprehensions of Mr. Stewart were, unfortunately, realised. Amurderous outbreak on the 1st of July, filled the settlement withterror. The constables were ordered, on the 30th of June, to remove thedishes and cooking utensils while the men were in the school-room. Westwood was calculating a sum: at the sound, he raised the pencil andlistened; and a murmur passed through the classes: a sullen gloomoverspread the whole. The next morning they were mustered for prayers:their conduct was orderly. They then marched to the lumber-yard; therethey collected in a crowd, and suddenly moved to the stores, which theybroke open and carried off their impounded dishes. They then returned tothe yard, and Westwood told them that he was going to the gallows, andadvised those who were afraid to keep back. Several armed withbludgeons; Westwood caught up an axe, and in a few moments fourconstables were murdered, some in their beds. The military wereinstantly called out, and in a very short time appeared, and theprisoners, without waiting a charge, retired to their quarters. When theaccount of these proceedings were received at Hobart Town, a specialcommission was sent down to try the rioters: thirteen suffereddeath. [249]

It is exceedingly difficult to determine to whom the chief blame of thisfatal disaster belonged. The officers on the spot, whose testimony canbe scarcely deemed impartial, alleged that it was chiefly due to thesystem of Maconochie: "when, " said they, "the reins of discipline weretightened, the rage of the prisoners was unbounded. " The policemagistrate declared that he had all along expected such resistance:"before a more healthy state of things could be produced, a sacrificewould be made. " It is, however, obvious that no such necessity couldhave existed, had the two classes of prisoners been divided, and propermilitary precaution secured. 

On the 3rd of August, 1845, Major Childs was succeeded by John Price, Esq. , formerly a police magistrate at Hobart Town. This gentleman, remarkable for his knowledge of prisoner habits, language, andartifices, was represented by the local government as unusuallyqualified to put down the disorders which prevailed. The greater numberof the officers, civil and ecclesiastical, were dismissed or recalled;and Mr. Price commenced his career with a vigorous, summary, and, it issaid, merciless exercise of his authority. The agents he employed were, of course, liable to strong objections: they were chiefly persons whowere or had been prisoners; some remarkable for their crimes. Theclergymen stationed on the island exhibited the most serious chargesagainst the new commandant, and the persons acting under his authorityand encouragement. [250] Cruelties of the most atrocious description, anda toleration of evils of an appalling kind; but the often insaneviolence of the men, scarcely admitted of either much caution or delay. It could answer no purpose to collect the awful details. In part, thesecharges have been disputed; but their substantial truth is, at least, rendered probable, by the accumulation of similar facts in the historyof such settlements. [251]

The dismissal of the chaplains occasioned a long and painfulcontroversy. The reports of their conduct appear to have been hastilycollected; often dependant on testimony which would never be receivedelsewhere, unless strongly corroborated. The entire spirit of convictgovernment is almost inevitably modified by its penal purpose. Theinstances are rare where a clergyman, acting in harmony with the designof the gospel, could escape the censure of men who look on prisonerpiety with habitual suspicion and disdain, and who consider "doingduty, " both the obligation and the limit of the clerical office. Thuswhen a prisoner desired to receive the sacrament, although a man ofrespectable origin and quiet demeanour, he was sent to the church incharge of constables, while men of far different habits wereoccasionally indulged with considerable liberty. 

The constables were afraid for their lives: many of them, when thediscipline became rigorous, implored to be removed from their office. One was sentenced to chains, for declining to be sworn; another, who hadgiven evidence, entreated a discharge: he was refused, and was murdered. The civil commandant, Mr. Price, himself did not dare to neglect hispersonal safety, and appeared with loaded pistols in his belt. 

When these accounts reached Downing-street, the abandonment of NorfolkIsland was determined. The secretary of state having read the letter ofMr. Naylor, requested the lieutenant-governor to break up theestablishment without delay: to withdraw the whole population to thesettlement of Tasman's Peninsula, at the time a secondary penal stationin Van Diemen's Land. No discretion was allowed in the execution of thisimperative instruction. On further reflection, however, Earl Greyqualified his order. [252]

When the proposal to vacate Norfolk Island, and to settle the prisonersin this colony, became known, the inhabitants manifested the strongestindignation. Their views coinciding with the wishes of the localauthorities, were received with respect, and the lieutenant-governordecided to delay the measure until the secretary of state should befully informed. The administration of Mr. Price had quelled the mutinoustemper of the convicts, and the removal of the better class had greatlydiminished the number. The desirableness of an island prison to punishcolonial offences, and obstinate insubordination in the Englishpenitentiaries, overcame the intention to desert once more that spot, socelebrated for its natural beauty and moral pollution (1849). The readerwill not, however, confide in present appearances; but will expect arepetition, at some future day, of those startling disclosures whichhave several times filled the world with horror. 

The attempts of the convicts to overthrow the authorities have beennumerous. Three years after the re-occupation of the island (1827) alarge body murdered the guard, seized the boats, and crossed over toPhillip's Island. Seventy were engaged, and their number screened themfrom the capital penalty. In 1834, a still more sanguinary attemptissued in the instant loss of several lives, and the execution of elevenmen. It was on this occasion that Mr. Justice Burton sat as judge: whenhe heard the appeal which "brought tears to his eyes, and wrung hisheart;" and which, recorded by the famous anti-transportation committeeof the House of Commons, told with such power on public opinion. Theculprit being brought up for sentence said--"Let a man be what he will, when he comes here he soon becomes as bad as the rest: _a man's heart istaken from him, and there is given him the heart of a beast_. "

Such has been always the result of capricious severity; and not only tothe prisoners--to the ministers of vengeance might often be extended, without injustice, the appalling description. 

The administration of law at Norfolk Island was but a choice ofdifficulties. Special commissions were of late sent down, when caseswere urgent or numerous. The temptation to risk life for a release fromtoil, or the excitement of a voyage, was thus removed. But at thissettlement the formalities of justice were but a slight security for itsfair distribution. The value of an oath was less than the least favourof the authorities; the prisoners without counsel; the jury taken fromthe garrison. A convict attorney was occasionally permitted to advisethe accused; but in the case of the July rioters such aid was denied, and several who were convicted, died protesting their innocence. Duringthe assize, one judge sat with the military as an assessor, under theold law of New South Wales; a second, under the law of Van Diemen'sLand, which appoints a jury. Capital convictions were thus obtained by aprocess, one or the other, totally illegal. These would be deemed slightconsiderations, taken separately; but it is difficult to be satisfiedwith a trial, in which all, except the judge, may be interested in theprisoner's condemnation. Substantial justice will not be long secure, when its usual conditions are either evaded, or are impracticable. Acivilized nation would release the culprit rather than condemn him inhaste, and the judge is criminal who smites contrary to the law, thoughhe 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 ofhis execution:--"Sir, --The strong ties of earth will be soon terminated, and the burning fever will soon be quenched. My grave will be aheaven--a resting place for me, Wm. Westwood. Sir, out of the bitter cupof misery I have drunk from my sixteenth year--ten long years, and thesweetest thought is that which takes away my living death. It is thefriend which deceives no man: all will then be quiet; no tyrant willdisturb my repose, I hope--WM. WESTWOOD. "--_Letter to Rev. ThomasRogers. _]

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

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

EXTRACTS. 

_August 6. _--Visited the general hospital; found a man named Lemondreadfully beaten, and having his arm broken. It appears that constableBaldock was taking a man to gaol, charged with either having or using atowel irregularly. He threw his shirt to Lemon, and asked him to get itwashed. Baldock would not allow him (Lemon) to have it. Upon this theman Lemon gave Baldock either a blow or, as he says, a push, when anumber of constables fell upon him and beat him with their clubs. It wasjust as divine service was commencing yesterday evening. All theofficers and constables left the church, except Mr. Duncan, and the "oldhands" made a general rush towards the windows to see what was going on. Mr. Bott told me he interfered to cause the constables to desist afterthe man was down, but Baldock said "lay it into him--lay it into him. "While down he was handcuffed with his hands behind him; after this hewas taken to gaol and gagged two hours, with his hands chained behindhim to the lamp post, having all this time his arm broken! He was thentaken to the new gaol, and Stephens sent for the doctor who received himinto hospital. 

_April 16 (Friday). _--Had a long chat with Dytton. He was chained downto the floor by Mr. ---- order, and had been gagged. I asked the reason:he said for getting up to the window to get some air in the hospitalcell, as the doctor had ordered him to have air and he was refused out. He has been ill at the general hospital--had six or seven weeks'sickness--has never been well since a beating he received while I wasabsent from the island. He was then in the chain-gang. Some pegs hadbeen removed upon which he hung his clothes and rations. He abused thegaoler for removing the pegs; was gagged and taken to the new gaol, andchained down; was then dreadfully beaten by six or seven constables. Helay in a puddle of blood. The next day a constable came in and jumpedupon him, and severely hurt his chest: he pierced his body with a pieceof sharp iron or steel. He showed me a scar on his arm he had receivedon that occasion. He said Mr. Elliot came to the cell and found him inthat mutilated condition, and asked ---- when it was done. ---- replied, "he received a portion yesterday and a portion to-day. "

_August 6, 1847. _--Visited the gaol. Found Waters strapped down onsuspicion of having prevented his eye from recovering. His back was bad, having been flogged, and the cord which laced the straitwaistcoat whichthey put on him pained him much. His eye was very bad. He was laid onhis back, bound unable to stir hand or foot, and in agony of pain fromthe pressure of his lacerated back on the lacing cord. Having asked tosee Major Harrold as a magistrate, he said to the turnkey, "If I amguilty of injuring myself let me be punished; but if not, why am Istrapped down?" For saying this he was flogged! He told me that Dr. Everett said he did not think he had done anything to his eye. I saw himagain soon after: he said his back had stunk most offensively, andthrough the intercession of the turnkey Mr. Price had allowed the cordto be removed; but his hands were chained to the foot of the bed. He hadreceived a sentence of eighteen months on the reef in chains. [Note:Some of these chains were 36lbs. Weight; and on the reef the men hadmostly to work up to the middle in water. --T. R. ]"

"In one of the turnkeys' rooms in the new gaol is to be seen an articleof _harness_, that at first sight creates surprise in the mind of thebeholder, when considering what animal of the brute creation exists ofso diminutive a size as to admit of its use; but on enquiry it will befound to be a bridle, perfect in head band, throat lash, &c. , for afellow creature. There is attached to it a round piece of ironwood ofalmost 4 inches in length, and 1-1/2 in diameter; this again is securedin a broad strap of leather to cross the mouth. In the wood there is asmall hole, and, when used, the wood is inserted in the mouth, the smallhole being the only breathing space; and when the whole is secured withthe various straps and buckles, a more complete bridle in resemblancecould not well be witnessed. This is one of Mr. ---- instruments fortorturing the unhappy and fallen men, and on one occasion I wascompelled to witness its application on a poor blind wretch, namedEdward Mooney. My duty required my attendance at the gaol occasionally. I came in one evening after eight o'clock. I was conversing with one ofthe turnkeys; the notorious ----, who robbed Mr. Waterhouse of £700, waspresent; he also at that time being a turnkey, holding a third classpass, and in receipt of 2_s. _ per diem. Everything was quite still. Icould not help remarking how quiet the gaol was, when the said ----exclaimed, 'there's some one speaking; I know what b---- it is;' andforthwith took from its pegs one of the bridles just described and apair of handcuffs. I followed him to one of the cells which he opened, and therein was a man lying on his straw mat undressed, and to allappearance asleep. ---- desired him to get up, calling him by his name, and to dress himself. He did so, and came out into the yard, where ----inserted the ironwood gag into his mouth, and the sound produced by hisbreathing through it (which appeared to be done with great difficulty)resembled a low indistinct whistle. He then led him to the lamp post inthe yard, placing him with his back to it, and his arms being takenround were secured by the handcuffs round the post. As the night wasvery chilly, I buttoned his jacket up to the throat, speaking at thesame time a few words to cheer him, that brought tears from hissightless eyes, to think that some one felt for his miserable andforlorn condition; and this convinced me still further, that even themost hardened villain can be melted by kindness, however trifling. Having enquired how long he was to remain in the condition described, Iwas told three hours!"

"Perkins had another drubbing some time since coming out of church. ----a prisoner constable, was the first to fall on him, and after him a hostwho soon covered him with blood and wounds, for not walking in a propermanner out of church. And the commandant allowed this drubbing to standas a sort of instalment of punishment when the man was brought up fortrial. On account of the beating he received a lighter magisterialsentence. Mr. ---- told me one day that the commandant censured theconduct of the constables who complained of some man not opening hismouth to have the inside of it searched for tobacco. It seems they weredeemed blameworthy for having in this instance neglected to useviolence. 'Why didn't you knock him down like a bullock?' was theinterrogatory at Norfolk Island!"--_Correspondence_, pp. 41, 42. 

"Before Mr. Price's arrival I resided for twelve months on the Cascadestation. Its strength was between three and four hundred men. I haveknown this station to continue twenty days without a single caserequiring the intervention of a magistrate. Within three months afterMr. Price's arrival, I have known forty cases for the police-office onone single morning! Many of the men thus brought up were sentenced tosolitary confinement, and sent to the Longridge cells--our own not beingsufficient to contain a quarter of them. The Longridge station had astrength of five hundred men, and the united solitary sentences of bothstations often trebly filled the Longridge cells. I have frequentlyfound in my daily visits as chaplain from twenty to forty men confinedby threes and fours in the Longridge cells, doing what was called'solitary;'--three men sleeping together on the floor of a cell four anda half feet wide by seven feet long. For pulling a lemon or guava--forlaughing in the presence of a convict policeman--for having a pipe--forwearing a belt or button not issued by government--for mustering indirty trousers on Sunday, although to wash them the owner would have togo naked all the Saturday afternoon--for having half or a quarter of apipeful of tobacco--for offences the most trivial, and sometimes onfalse charges--the most inoffensive and best behaved men of Cascade andLongridge were often to be found filling up the cells which mightotherwise have been set apart for the custody of some of the grossercriminals who were tried at the assizes.... The convicts selected asconstables were like a ruthless band of predatory assailants, seizingtheir fellow-prisoners under any and every pretence, in order to have'cases for the police-office!' A first-class officer overheard thefollowing speech uttered by a convict policeman:--'I have no case forcourt this morning--what will Mr. ---- say to me? But a case I musthave--and a case I will have--and here goes!' This policeman proceededwith another into the bush, and in an hour returned bringing in two menon a capital charge. On the evidence of their captors alone these twomen were committed to gaol, tried at the assizes, and sentenced todeath. By whom were the police compelled to such activity? By Mr. Price. His opinion, publicly expressed, was, that a policeman could not bedoing his duty unless he had 'cases for court. '"--Ibid, pp. 88, 89. 

 * * * * *

"A short analysis of the abstract would quickly strip the favored '25'of some rays of their infamous glory, and do more to expose theblunders, follies, and ferocious inhumanities of convict discipline thanvolumes of concocted reports and oracular despatches. From his position, Dr. Hampton must know that under the name of _discipline_, deeds havebeen done sufficiently atrocious to glut the soul of a Caligula. Heknows that the perjuries and punishments about tobacco were sins thatcried to heaven for abolition. He knows that in every seven cases out often the convicts at a penal station are more sinned against thansinning. Nothing is required to prove this but a critical inspection oftheir 'police sheets. ' In the court-house at Hobart Town, a youth, E----G----, aged 19, was on his trial for a capital offence. The crownprosecutor referred to the prisoner's _bad character_ as exhibited bythe unusual number of offences on his police sheet. The judge asked tosee the parchment. While looking at it, G---- said, 'Your honor, thewhole of them wouldn't make one ---- good one!' For a few moments thejudge continued to examine the record, and then flung it on the floor ofthe court-house with an expression of disgust at the childish nature ofthe 'trifling offences' set down as serious crimes. "--_Review of Dr. Hampton's First Report on Norfolk Island: By Rev. T. Rogers. _ p. 21. ]

[Footnote 252: Despatches, 30th September and 7th November, 1846. ]

SECTION XXIV. 

But Van Diemen's Land was the chief sphere of the probation system. Thecolonists, at first, were not indisposed towards the experiment: thepromise of an unlimited expenditure and a boundless supply of laborreconciled them to its gigantic proportions. It assumed the air ofphilanthropy: Sir John Franklin, when he announced the first outline ofthe scheme, referred to the redemption of the negro slave, andsaid--"that England was about to incur a large expenditure in theattempt to emancipate her erring children from the infinitely moredegrading slavery of crime. "[253] This picture was fully borne out bySir James Graham, who observed, in reference to the probationer--"Newscenes will open to his view, where skilled labor is in great demand;where the earnings of industry rapidly accumulate. The prisoner shouldbe made to know that he enters on a new career. The classification ofthe convicts in the colony (of Van Diemen's Land), as set forth in LordStanley's despatch, should be made intelligible to him. He should betold that he will be sent to Van Diemen's Land: there, if he behavewell, at once to receive a ticket-of-leave, which is equivalent tofreedom, with the certainty of abundant maintenance, the fruits ofindustry. "[254]

In describing the probation system it is not necessary to do more thanstate its general aspects and acknowledged results. The publications inthe colonies and the official documents substantially concur, and withminute controversy history has no concern. To view the subject with theprejudices of a party would be treason to those important interestsaffected by the question. Crime will still be committed--and itstreatment, the great problem of the age, is the business of all men. 

The comptroller-general, Captain Forster, who obtained his appointmentby the influence of Captain Montagu, entered on his office when SirEardley Wilmot arrived (1843), and re-modelled the practical measures ofDr. Milligan, who for a time, under the auspices of Sir John Franklin, had possessed the chief command. Captain Forster was too well acquaintedwith discipline to entertain the smallest expectation of ultimatesuccess. Among his friends he expressed his distrust without reserve:but believing the home government irrevocably pledged, he concluded thatpenal philosophy was not his affair; and, not without reason, that hewas better qualified than a stranger to mitigate the natural tendenciesof the system. He had not been consulted in its structure: he did nothold himself responsible for its errors or results. 

During four years, ending in 1844, more than 15, 000 prisoners arrived:in 1847, there were, in all, 30, 000. Free emigration was stopped. In1842, 2, 446 emigrants landed; in 1843, 26; in 1844, only 1. [255] Thegreater number of transports under short sentences became almostimmediately eligible for hire, who were at first preferred by thefarmers to free men. The free laborers rapidly retreated to the othercolonies. Gangs of probationers were formed throughout the country. Their locations were chiefly selected with reference rather to theireasy accommodation than their useful employment. A few large gangs wereestablished beyond the settled country, but the greater part were lodgedin the old buildings erected for the use of road parties, andill-adapted for either moral or industrial operations. 

Van Diemen's Land was supposed by the crown to be peculiarly fitted forthe experiment: an area nearly equal to Ireland, occupied by little morethan 50, 000 inhabitants, appeared to offer ample room for the stations. It was not considered that the free population was condensed chieflywithin a line of country between the Derwent and Tamar, or on theborders of those rivers; and that however a temporary location might bechosen, the settled districts must ultimately absorb the pass and ticketholders. Most were within a few hours, nearly all within a day's journeyof the free population. The ample supply of food; a system of moraltraining, which devoted considerable time to books and pencils; adecided discouragement of strictness in discipline and severity inpunishment, removed the temptation to rebel. The chief grievance of theprisoners was the prohibition of smoking, often indeed evaded by theconnivance and assistance of the overseers; yet, while at some stationsindolence and plenty prevailed, at others, remote from the public eye, misery and vice existed to an extent too awful for more than merereference. At the coal mines the men were robbed of their provisions bytheir fellow-prisoners; new clothing was not issued until they were intatters; hundreds were without shirts, scores without shoes, and someonly wrapped round with rugs (1843). These evils were certainly notlasting; but they have been by no means unfrequent at stations remotefrom the capital, and from the notice of the press. 

The colony did not afford a sufficient corps of able and conscientioussuperintendents: many were military and naval officers, qualified tocontrol, but utterly unable to instruct. The quiet movement of the vastsystem was earnestly desired by the local government: its effects would, of course, be inferred from the absence of punishments; and it wasunderstood by the lower officers, that the shorter their black lists, the more agreeable their periodical reports. It was stated by thecomptroller that they were engaged to carry out the system, not tocondemn it; and disaffection ended in dismissal. [256]

The rapid increase of numbers disconcerted the comptroller. The newarrivals were sent to crowd the stations of their predecessors: order, and even decency, were impracticable. The accommodation of the officerswas often miserable: too distant for proper inspection. 

As the men removed from Norfolk Island were added to the gangs, theirtendencies became more alarming and apparent: they were of the worstpossible description, and defied all remedy. [257] No artifices oflanguage will enable the moralist to describe them. 

The mean pay of the officers, their uncertain tenure of office, and thenature of their duties, would only attract candidates for employment asa temporary expedient. The control of considerable bodies of men, underfavorable circumstances, demands both vigilance and firmness. Theprisoners perceive, almost at a glance, the character of theirsuperiors: their history and habits are the theme of constant inquiryand discussion. An equal temper and unwearied attention are required inthis arduous occupation. But the persons engaged were often whollydisqualified by their past pursuits and personal character, to inspireeither awe or respect. The practical oversight was often committed tothe least responsible. 

The religious instructors selected by the government, though chiefly ofthe episcopal or catholic professions, were of miscellaneous origin. Theclergy of all persuasions were formerly admitted to the road parties;their discourses were welcome, for they gave an interval from toil: someperformed service on the sabbath at their own charge. The newinstructors were strictly official: some, indeed, highly educated men, of long standing in their respective churches; others were theoff-shoots of various sects, without education or personal dignity. Oftheir qualifications, several high officers have spoken withcontempt. [258] These opinions were, however, partly the indirect resultof disputes, in which the instructors were very generally involved. Several were known to convey accounts of evils within the stockades, which it was the desire of the department both to conceal and tosuppress: notwithstanding, many were deficient in zeal and ability. Their labors were strictly formal, and were soon considered hopeless. Several exceptions must be understood; but to select them would beinvidious. The exclusive occupation of clergymen as teachers ofconvicts, is generally unfavorable to their usefulness: the recognisedpastor of a congregation brings to the prison the reputation andsanctity of his character among the free; the instructor of a gang issoon considered but as the agent of penal government. 

The basis of Lord Stanley's system was an imaginary demand for labor inVan Diemen's Land. The home government was so confident in thisresource, that placards were suspended on the English prisons, holdingforth the prospect of high wages as the final stage of transportation. The execution of public works in the colonies, except at an equivalentprice, was strictly prohibited. By improving the settled parts of thecolony, the crown might have increased its attraction to capitalists, and by diverting an excess of laborers excited the competition ofmasters. The governor was desirous of allaying colonial irritation bysome substantial boon: the orders of Lord Stanley were, however, rigid. The comptroller-general was forbidden to adopt any detailed regulationat variance with the scheme prescribed by the crown, or to alter ordepart from its provisions, without express authority. [259]

The demands of the settlers for laborers soon fell far short of thesupply. The written contracts for the passholders in the first stages ofservice bound the master to pay over a portion of their wages to thecrown: this course was troublesome. Thus few, except in the last stageof their service, were able to obtain employment at all; and thegraduated scale of payment fell to the ground. The accumulation at thehiring depôts, sometimes to the number of 4, 000, who could obtain noengagement, induced the governor to urge their useful employment inpublic works. He stated that neither private individuals nor thecolonial treasury could afford to employ them in improvements ofprospective utility, and recommended that a fixed moderate paymentshould be accepted, in return for the service they might perform. Thereply of his lordship was decided:--"If, " he observed, "the freeinhabitants cannot purchase the labor we have to sell, at a price whichit is worth our while to accept, it remains for us to consider whetherother advantageous employment cannot be found. " "The necessaries of lifemay be produced to such an extent, as to render the convicts independentof the free colonists, who are not entitled to claim any compensationfor the inconvenience with which their presence may be attended. " Hislordship proposed that new lands should be surveyed, cultivated, andsold for the advantage of the imperial treasury; and thus the governmentmight assert "its independence of the settlers, " and teach them to"appreciate correctly the value of convict labor. "[260]

The defiant tone of this despatch, and its contemptuous reference to thesettlers, determined the question of transportation. [261] The partizansof abolition could assail the system at its foundation. Thenceforth theinterests of the colonists, moral and material, were obviously one. Thecrown was to compete in the market with the farmer and the landowner;and the labor market to be overruled by official contrivance, for thebenefit of the imperial treasury. 

The colonial newspapers were filled with notices of robberies, and thecomplaints of employers. A rapid emigration took place: free laborersand mechanics sold their properties, acquired by years of toil, oftenfor a trifling sum; and the immigrants, brought to the colony at greatpublic and private cost, almost universally passed over to the adjacentcommunities. 

The comptroller-general attempted to carry out the supplementary planordered by Lord Stanley. Agricultural establishments were formed; butthis only provided for the probationers. The passholders were entitledto enter the service of the settlers. To detain them twenty miles fromthe nearest farm-house, was to extend indefinitely the first stage ofpunishment; but when drafted to the settled districts, they could not beemployed, [262] except for the benefit of the colony, and against thisresource the decision of Lord Stanley was imperative. [263]

The hiring depôts were placed in settled districts or chief towns. Thestage of rigid discipline being past, the convicts were not required tolabour with diligence, or suffer much restraint. They were now deemedfit for society, and it was merely the fault of their numbers that manywere unemployed. They were permitted to roam about in search of casualemployment--to spread themselves over the country. They were allowed toexpend the money they acquired in temporary service, and while anyremained they were unwilling to accept an engagement. Thus they were fedand clothed, and lightly worked: they were free from care, their timewas running out, and they were objects rather of envy thancommiseration. 

The official reports of the probation system forwarded toDowning-street, were not unfavorable. Lord Stanley asserted in hisplace, "that from all he could judge the system had been productive ofthe most beneficial results, and that the general conduct of theconvicts had been most satisfactory;"[264] but in his despatch to thegovernor, he complained that, amidst an abundance of statistics, thenotices of moral success were "slight, unimportant, and few. "[265]

The operation of the system was, however, well known to his lordship. The under-secretary, Sir J. Stephen, with extraordinary exactness, described the actual condition of the prisoner population--"living, notby a healthy competition for employment, but by an habitual and listlessdependence on the public purse. " He depicted the apathy and indolence, the low tone of moral feeling, the lamentable and degrading habitswhich prevailed; and asserted that in the hands of Lord Stanley, wereproofs of an existing state of convict society, such as would becontemplated with deep solicitude. It may not be impossible to reconcilein detail these official and parliamentary declarations; but, takenalone, they would lessen our confidence in the value of ministerialexplanations, not less than in official reports. 

The comptroller-general stated that the system would not only provebeneficial to Great Britain, but work a great moral reformation in theconvict population:[266] "that it had fully answered its object. " Theseassertions were confirmed by the governor, who remarked, "that the menbehaved as well as possible. " Such views were strongly opposed by othertestimony; among the most conspicuous was that of Dr. Hampton, surgeon-superintendent of the _Sir George Seymour_, who, charged withthe care of a party from Pentonville prison, resided some time in thecolony. He described the prisoner population as sunk in the deepestdebasement; the ticket-holders in great misery; the reformed prisonerscommitted to the charge of felons; the better disposed taunted as "pets, psalm-singers, and Pentonvillains. " Whatever had been most stronglyaffirmed by the enemies of the system, was amply sustained by histestimony. [267]

To the same effect was the evidence of Mr. Boyd, formerly ofPentonville, and appointed an assistant-superintendent to Darlington, Maria Island. This station was regarded by the government as superior toall. Separated entirely from the free population, it was accessible onlyby authority; yet close to head-quarters, it had the advantage of directinspection and control. There were, at this time, 800 persons subject totwenty-one officers, civil and religious. Not a single soldier was onthe island, and yet there were "no prisoners more orderly, or betterbehaved, in Van Diemen's Land. "[268] This reputation it maintained, while the stations of Rocky Hills and Broad Marsh, were infamous for theabandonment of all order and decency. "Few could be favorably comparedwith Darlington, and none possessed its local advantages. "[269] But theinterior, as described by Mr. Boyd, entirely changes the scene. Hedeclared the precautions against corrupt intercourse insufficient andunsuccessful: the most disgusting language was common; hoary villainsand boys were worked together; the school books were torn and defaced;education was mere pretence; a large proportion of offences wereunpunished; lashes were received in hardened indifference; the criminalhabits of the men were unbroken; conspiracies to murder were frequentlydenounced. On the whole he concluded, that there could exist no betterschool of crime than a probation station. [270]

The laxity which prevailed was everywhere confessed, except by theimmediate dependents of government. The Rev. Mr. Fry, a clergyman ofHobart Town, differed, however, with the colony in general. His earnestdefence of the probation system (1845) was published by command, andquoted by Lord Stanley in the House of Lords. He asserted that theconvict population had placed the settlers in ease and opulence; andthat the bulk of the colonists were emancipists, who were bound toassist the condemned outcasts of Europe to acquire honesty andindependence. "The clank of chains, " said the reverend gentleman, "isnow seldom heard, and the deportment of free laborers, grateful andrespectful, has succeeded to the scowl of malignity, with which theassigned white slaves regarded their owners. " He asserted that the gangsrecalled the men from intemperance; that they were attentive toreligious teaching; that the parties, although almost abandoned toself-discipline, yet lived tranquilly, unawed by surrounding force. These opinions were afterwards modified. [271]

Notwithstanding the habitual acquiescence of the colonists in themeasures of the crown, the development of Lord Stanley's systemoccasioned considerable sensation. The rapid increase of prisoners earlyexcited alarm. The masses accumulated from all parts of the empirepresented a new and fearful aspect: crimes reached a height beyondexample in any civilised country. The settlers, environed by parties, were subject to frequent irruptions, and were compelled to guard theirdwellings, as if exposed to a foreign enemy. The men wandered miles fromthe stations, alone: at the hiring depôts they were left almost to theirdiscretion. According to the evidence of a magistrate, neither thecomptroller-general, nor any confidential subordinate, visited thestation of Cleveland from its establishment to its dissolution. Atanother, ninety men, near the township of Oatlands, under the charge ofone free overseer, were worked in a line of seven miles extent. Asettler, whose flocks had been pillaged, brought back twice in one monththe same party; and again they escaped, threatening vengeance on theauthors of their arrest. At Jerusalem station, 800 convicts werepermitted to roam on their parole; to carry bundles in and out ofbarracks unsearched; to disguise their persons, and to change theirdress. Their daring highway robberies ended in the proof of these factsbefore the supreme court at Hobart Town. At Deloraine, nearly onethousand prisoners were in charge of twenty persons, including themilitary: on one occasion, eighteen started for the bush, and filled theneighbourhood with terror. The local authorities could offer nothing butcondolence; and even this poor relief was presented in a peculiar form. It was alleged that the amount of depredation and violence had not risenmore rapidly than the number of convicts. This was scarcely correct; butit was little consolatory to the sufferers, assailed so much the morefrequently, though by different hands. [272] Their honors the judges, with repeated and pointed condemnation, reprehended the utter want ofproper surveillance and restraint, as cruel alike to the settlers andthe convicts. Nor were the towns exempt from extraordinary inundations:many hundreds of men were turned out from the penitentiary on Saturdayafternoon, and were thus exposed to the temptations of a populous city. 

The officers of the department were charged with the trial of a systemprofessing to breathe the most exalted charity. Had they, however, designed to expose theoretical benevolence to endless execration, nocourse could have been chosen more obvious. The liberty and indulgencegiven to the unfortunate prisoners seemed to bring them purposely withinthe circle of their old temptations. Many were led into scenes which actwith fascinating power on men of criminal tendencies: they were oftenseen lingering for hours around the doors of houses for the sale ofliquor. Amusements, which are always attended with some peril, wererendered more public and accessible. Dancing houses of the lowest kindwere licensed, until their noise and confusion compelled theirsuppression. The regulation of night-passes became much less practicallystringent. Everything facilitated the allurements and the commerce ofcrime. Receivers were always at hand, and robbers were tolerably insuredwhen the first danger was over, by the rapid shipment of their spoil. Offenders, practised in the fraud of cities, were admitted into thetowns, and placed in situations precisely calculated to recall theirformer habits, and excite their habitual passions. The puisne judge, inpassing sentence on prisoners of this class, for new crimes, and holdingup their police character in his hands, exclaimed--"Now, Mr. Attorney-general, I ask you what we may expect if such men as these areassigned in towns. Is it not surprising that I have to try such cases?It is shameful! It is shameful!" And such will be the opinion ofmankind. 

The chief expedients of Lord Stanley to relieve the colony from theredundancy of labor, and pressure on the treasury, were never applied. At the suggestion of Mr. Bishton, a clergyman of Westbury, Sir EardleyWilmot recommended the leasing portions of land to well conductedticket-holders. This was however strongly opposed on the spot, astending to depreciate property, and inconsistent with the socialcircumstances of the country. The English allotment system wasinapplicable: at home, it is a subsidiary to the general resources ofthe laborer, who can commonly find employment with the farmers, andeasily dispose of the produce of his supplementary toil. 

But a project of greater moment was contemplated by Lord Stanley, andadopted by Mr. Gladstone, and advanced far towards completion. This wasthe formation of a new colony, called North Australia. The civil list, composed of officers of modest designations--as superintendent, chairmanof sessions, and clerk of the peace--was framed with the strictesteconomy, and the expense was to be defrayed by the English treasury. Thecolonists for the most part were to consist of exiles landed withpardons, either from England or Van Diemen's Land, and thither femaleprisoners were intended to be sent. During the first three years onlynew settlers were to be furnished with food for one year; with clothing, tents, tools, bedding, and seed. £10, 000 in all, were to be expended inpublic buildings. To the office of superintendent, Colonel Barney wasappointed, under the governor of New South Wales. A party set out fortheir destination: they were discouraged by the appearance of thecountry, but before an experiment could be made they were recalled. 

A more practical measure was the extension of conditional pardons to theneighbouring countries, the operation of which had been limited to VanDiemen's Land. The dearth of labor in New Holland induced the settlersto send vessels to this colony, and many hundreds, liberated by the newform of pardon, were conveyed to pastoral districts on the oppositeshore. 

During the short official relation of Mr. Secretary Gladstone, who in1846 succeeded Lord Stanley, Sir Eardley Wilmot was recalled, and Mr. LaTrobe and Sir William Denison were placed in succession at the head ofour colonial affairs. Like his predecessor, Mr. Gladstone complainedthat the information conveyed by Wilmot and the comptroller-general, amidst abundant statistics, left the main moral questions obscure. Mr. Forster had passed beyond the reach of censure; and Sir Eardley Wilmotmaintained that the actual evils imputed had formed the topic ofincessant communications. He derived his impressions from others; andseeing but the surface, was persuaded to the last that the probationsystem had not failed. 

The despatch of Mr. La Trobe fully corroborated the common report. Hishonest discrimination was worthy his high reputation for integrity. Nothing the reader has perused will be unsustained by his more elaborateanalysis--which may be expressed in one sentence--as illustrating boththe high-wrought theory and the mischievous practice of the probationdepartment:--"In spite of all the superior arrangements of the system, vice of every description is to be met with on every hand: not as anisolated spot, but as a pervading stain. "[273]

Dr. Hampton, whose representations had largely contributed to theseofficial changes, which were however fortified by a mass of concurrenttestimony, received the appointment of comptroller-general. Meanwhilethe office of secretary of state for the colonies devolved on Earl Grey, and at his assumption of office he abandoned at once all the schemes ofhis predecessors. The practice of transportation he resolved todiscontinue, and in its stead to inflict punishment at home; and to sendout the prisoners, when entitled to liberation, to the various coloniesof the British empire. His expectation that their labor would be highlyprized, was fortified by the "Associations" at Port Phillip to obtainlaborers from Van Diemen's Land, and the resolutions of the committee ofthe New South Wales Council, where a strong disposition was exhibited, on the part of employers, to renew transportation. Several ship-loadshad been sent from Pentonville, and the nominal lists of theiremployment and wages, appeared to assure an unbounded field for theirsuccessors. To shut out the possibility of complaint, however, Earl Greysent circulars to all the colonies on this side the Cape of Good Hope. The reply was universally adverse; and this plan, which a few yearsbefore would have been gladly accepted, was rendered impracticableperhaps for ever. 

The total abandonment of North Australia was a subject of deep regret toits projectors, and was too hastily done; but as a substitute, Earl Greyproposed the creation of villages in the more remote districts of VanDiemen's Land. The erection of houses and a limited cultivation offorest land, was expected by his lordship to afford employment for theticket holders, and to yield a fund for an equal amount of freeemigration. It was intended these dwellings, built on quarter acreallotments, should be sold to prisoners, or subject to a rental of £5per annum; and a clergyman and schoolmaster provided in each. It wouldbe useless even to examine the plan, which was based on a valuation ofcrown lands at that time entirely erroneous, and a fallacious estimateof mere labor, in any form whatever. 

Late changes, effected by a more intelligent superintendence, and thevigilant censorship of the public, may be readily confessed. Thedecrease of numbers in the gangs, and the greatly improved resources ofthe convict department, have ameliorated several evils which formerlyelicited great complaint. The male establishments at Hobart Town arepatterns of neatness--the female, of disorder. 

It merely remains to be stated, that the present system is to send outprisoners when entitled to tickets-of-leave; to disperse them throughvarious districts in search of labor. In the colony they enjoy all theprivileges of free laborers, except responsibility to a policemagistrate. They will be entitled to release at a term prefixed, but oncondition that they pay a sum for their passage. Few have either theability or self-restraint required by this regulation, and unless it isrelaxed they must remain prisoners during the term of theirsentence--often for life. 

A great variety of details might be added; but the total revolution inthe system will now lead the enquirer into the state of society ratherthan the management of gangs and penitentiaries. The despatches, whichfill volumes of blue books, are rather transactions of penalphilosophers than trustworthy guides to the historian of transportation;and the writer has not relied exclusively on these authorities, evenwhen he has quoted them--a discretion amply justified by their endlesscontradictions. 

FOOTNOTES:

[Footnote 253: Address to Council, June, 1841. ]

[Footnote 254: Sir James Graham, December, 1842. ]

[Footnote 255: _Report of Emigration Commissioners. _]

[Footnote 256: "It is but just for me to observe, that the state ofvarious convict establishments, inquiring into the conduct of thevarious officers engaged, was not so generally unfavorable as I had beenled to anticipate. The negligence and irregularity of subordinateofficers cannot be denied. "--_La Trobe's Despatch, November_, 1847. ]

[Footnote 257: _Forster's Report_, 1845. ]

[Footnote 258: Despatches: Sir Eardley Wilmot, actingLieutenant-Governor La Trobe, and Governor Denison. ]

[Footnote 259: Despatch, 1843, No. 34. ]

[Footnote 260: Despatch, 1844. ]

[Footnote 261: The proceedings of the colonists, in reference to thisquestion, will be found in the first volume of this work. ]

[Footnote 262: _Forster's Report. _]

[Footnote 263: "Employment, in many cases, appeared to be merelydevised, because whether to the real advantage of the military chest ornot, they are certainly not to the colony. "--_Le Trobe, November_, 1847. ]

[Footnote 264: March, 1846. ]

[Footnote 265: September, 1845. ]

[Footnote 266: _Forster's Report_, 1844. ]

[Footnote 267: "Under all the circumstances of the case, therefore, Icannot find language sufficiently strong, to express my opinion thatconvicts, considered deserving of any indulgence whatever, ought not tobe sent to Van Diemen's Land; ... For, in my opinion, it would be morejust and humane to shut up Pentonville Prison at once, than to pass menthrough such a course of training, only to discover, on arriving here, that their previous expectations are a mockery, their present prospectsworse than slavery, and their future moral ruin and contamination nearlya certainty. "--_April_, 1845. ]

[Footnote 268: Sir Eardley Wilmot's despatch, 1846. ]

[Footnote 269: La Trobe's despatch, 1847, No. 18. ]

[Footnote 270: Letter to Dr. Hampton, 1845. ]

[Footnote 271: The writer thus records his opinion in 1850:--"Iftransportation were discontinued, and the colonists, under a freegovernment, were allowed to exercise their own intelligence and developthe resources of their country, the stain and evils of having been thereceptacle of criminals would gradually and speedily disappear.... Fornearly ten years have the colonists been struggling to relievethemselves from the annual importation of criminals, and throughout thatlong period they have displayed a spirit and disposition worthy of thehighest admiration. Regardless of the profits of convict labor, and ofthe immense government expenditure, they preferred any sacrifice to thecontinuance of what they considered demoralising their community. Infuture ages their conduct will be regarded as one of the few examples ofa people struggling against temporal advantages for morality and virtue;and if the desire of removing a grievous injury, and aiding thesufferers in recovering from its effects, be a noble feeling, the peopleof England are bound to afford their powerful sympathy and assistance tothe inhabitants of Van Diemen's Land. "--_A System of Penal Discipline, with a Report on the Treatment of Prisoners in Great Britain and VanDiemen's Land. By the Rev. H. P. Fry, A. B. _]

[Footnote 272: "A settler in the interior loses a quantity of sheep:whether correctly or not, he believes that they are stolen byprobationers. Perhaps they are sold, perhaps they are slaughtered, andthe wool 'planted. ' He finds two members of the gang wandering over hisgrounds: he suspects, challenges them, and on their refusal to withdraw, attempts to arrest them. One of them seizes him by the throat, andthreatens his life: the timely appearance of his brother enables him tosecure them both. He conveys them to the station, lays before themagistrate a charge, who sentences them. They are turned out among thegang, without special permanent restraint, and abscond again. Ourreaders may fancy this to be mere romance, but every word of it istruth, and the detailed account will be found in another column. Theplace is Oatlands; the complainant, Mr. Wilson; the time, last week. Letus look at this case. A settler who bought his land from the government, finds in his neighbourhood ninety convicts, in the charge of a singleoverseer. His property, and it is impossible it should be otherwise, issubjected to daily depredation. And who is the real robber? Who, atleast, are the more accountable parties? The men whose knownpropensities have occasioned their transportation--the unfortunateoverseer, whose life hangs upon his connivance or indifference--_or thegovernment_, which, knowing all these circumstances, exposed the men totemptation, and the settler to ruin? And what will be the result of allthis? The unfortunate settler will chafe, murmur, and implore, but hemust, at last, gather together the remnant of his property, and escapefor his life!"--_Observer, March_, 1846. 

"In another column will be found the proceedings of the criminal court. The puisne judge, in passing sentence on the prisoners, said 'it must beremembered that there are from 20, 000 to 30, 000 men spread throughoutthe country, whose increasing offences require that some signal examplesshould be made. I am sorry to say that crime has increased amongst thisclass very considerably within the last two or three years. ' Afterdwelling upon the absolute necessity that the executive should rigidlycarry out the sentences of the court, he added, 'I am sorry to say thatwithin the last two or three sessions some twenty or thirty cases ofthis description (cutting and wounding) have been tried in this court, as great a number as were formerly tried in two or three years, and alsoof a more aggravated character. '"--Ibid. 

"The evidence of Mr. James Arnold Wheeler, the superintendent of the St. Mary's Pass station, exposed some of the beauties of the system. Ahawker was robbed within about a mile of the station under veryaggravated circumstances, by men in the dress of probationers. It was, of course, important to ascertain who was absent from the station atthat particular period, and Mr. Wheeler stated that he could not tell, as all the third class had liberty to roam about within hearing of thebell, about half a mile in any direction from the establishment. Whenasked by the judge what prevented the men from going further if theypleased? he replied, nothing, provided they returned at a certain hour. 'His honor shook his head in silence. "--_Examiner_, 1846. 

"During the trial of John Burdett in the supreme court, on the 2ndinstant, for robbery, the prosecutor, an old man between 60 and 70, swore that he had been robbed (his property taken) seven times sincelast Christmas; that his bed, rug, and blanket had been taken from hishut; that he lived a mile and a-half from Oyster Cove probation station;that he was reduced to such straits that he now depends on hisneighbours for a little bread to eat; that the superintendent's lady hadgiven him a rug and a blanket, but he had nothing but straw to sleepupon. There is only an open four-rail fence outside the station toconfine the prisoners after they are let out of their sleeping cells. Mr. Justice Montagu commented, with indignation, upon the total want ofrestraint upon the probationers, and of protection to the poor settlersin the neighbourhood of the station; and expressed, in feeling terms, his sympathy for the prosecutor's distress and losses, and kindlydeclared that, if the old man would prepare a petition, and forward itto him, he would take care that the clerk of the court should give thejurors an opportunity to join in it, and would use his best endeavourswith his excellency the lieutenant-governor, who, he was sure, wouldfeel happiness in extending compensation, if it were in his power. Inpassing sentence of transportation for fifteen years (the lightest whichthe law permits in cases of robbery), his honor protested that, considering the position of the prisoner, placed in a probation stationbut having no restraint laid upon him to prevent from going in quest ofluxuries and comforts, he would be fain to pass a lighter sentence. Hefelt the inefficiency of the sentence that he was about to pronounce, but he had no alternative. Accordingly he passed the mitigated sentenceof fifteen years transportation". --_Courier, September_, 1846. ]

[Footnote 273: Despatch to Earl Grey, 1847. ]

SECTION XXV. 

The notices of the treatment of female prisoners in this work have beenfew. Until recently, the attention of the English government has beenalmost entirely confined to the management of male convicts; and theimpression has been always too general, that the unhappy women arebeyond recovery. In the local discussion of the convict question thedeliberate opinion of Captain Forster has been usually adopted, by allwho have seen the conduct of the women. "I have not, " said thatdistinguished officer, "entered upon the topic of discipline for femaleconvicts, not considering them available subjects for prisondiscipline. " (1837) Colonial experience, before and since, would hardlyauthorise any other conclusion. 

The first female transports were left to the casualties of a convictcolony. Some, who were adopted by the officers, became the mothers ofrespectable families: some wholly emerged from their degradation, andbecame respectable wives; but, for the most part, they merely exhibitedthe depth to which vice can depress. Nearly 20, 000 have beentransported; of these, a considerable proportion have fallen victims tointemperance, and sunk into a premature grave. 

The description of the conduct of female prisoners is so uniform, thatany date and any account might be joined at random. Those who read theworks of Collins, of Read, of Henderson, and of Lang, and compare themwith each other, and with works of the present time, will find littlevariety of incident. They represent woman deprived of the graces of herown sex, and more than invested with the vices of man. 

The transportation of women has been a great social evil to thecolonies. At first it seemed unavoidable: it was afterwards deemedhighly expedient, for reasons it is not necessary to describe. Yet it isnot too much to attribute the chief vexations of domestic life to theircharacter and conduct. It would have been better for the nation, for themale convicts, and for the women themselves, had they been detained athome, or banished to countries where they would have avoided the doubledegradation of moral and social infamy. [274] Such were the views of manymost enlightened men. The extreme difficulty of finding them employmentas servants, and their perpetual relapses, have induced the governmentusually to encourage, at first concubinage, and, in more scrupuloustimes--marriage: in some instances with great success. It is the lastexpedient in the administration of penal laws; when it fails, the caseis considered hopeless. 

The number of females transported, until within twelve years, were about1 to 10 men; since then, they have been about 1 to 7. The penalty hasbeen inflicted for the lighter crimes; and in many instances the Irishcourts must have been influenced rather by a vague notion of humanitythan of punishing offenders. Such are often young creatures: not a fewcould be scarcely considered depraved. 

The accumulation on the hands of the government has been usually verygreat, and curious expedients have been devised to dispose of theburden. The factory at Parramatta, in former times, was a mart of women. Thither the laboring man went in search of a wife, and often, after ageneral survey, selected one on the spot. These marriages were notalways a failure, but far the greater number ended in intemperance andprostitution. 

To overcome the reluctance of the settlers to employ them, Sir GeorgeMurray, when secretary for the colonies, directed the governor to compelthe settlers to receive one woman with three or four men (1829). Theeffect of this stipulation was probably never considered. The conditionof the better disposed has been one of great hazard and temptation. Thelast state of female degradation was often their inevitable lot. Theywere surrendered to solicitations and even violence: a convict constableconducted them to the houses of their master; they lodged on the road, wherever they could obtain shelter; convict servants were usually theircompanions, --or when their manners were superior to their class, corrupters of a higher rank were always at hand to betray or destroythem. Reformation has been commonly deemed unattainable, and precautionsuseless. 

The influence of such persons on the tone of society, the temper ofmasters, the morals of children, and even the conduct of the convictmen, has proved everywhere disastrous, unless checked by incessantvigilance. Smoking, drinking, swearing, and prostitution, have verycommonly formed the character ever present to the tender mind. Thestranger entered perhaps a splendid dwelling, and found all theadvantages of opulence, except what money could not procure--a comelyand honest-hearted woman servant. The eye at length became more familiarwith lineaments bloated or rigid with passion and debauch, and the earaccustomed to the endless vicissitudes of the servants' hall, whichdischarged and received an endless succession of the same debased, despised, and unhappily despicable beings. The writer has not forgotten, for a moment, that under the protection of a virtuous mistress, someunfortunate but not depraved females have escaped the terrible ordeal, and have found in the land of their exile the comforts of a home. 

FOOTNOTES:

[Footnote 274: Letter from Chief Justice Forbes, 1836. ]

SECTION XXVI. 

Lord Stanley devoted commendable and humane attention to the managementof female prisoners. They were comprehended in his scheme of probation. He resolved to establish a penitentiary, on a large scale, within twentymiles of Hobart Town. The women were to be carefully classified andseparated, and trained for the duties of domestic life. The disciplineintended rather to restore than to punish: those remitted in disgrace tothe government, were not to re-enter this place of reform. Instructionswere forwarded to prepare the ground and collect the material (1843);but the local officers were averse to the plan. They complained that thecontemplated site was remote and inconvenient, and they succeeded inpostponing and finally defeating the project. 

Mrs. Bowden, a lady of majestic presence and enlightened mind, who hadacquired considerable experience in the management of the insane, wasappointed matron. Her fertility of resource, courage, and zeal, had beengreatly admired at Hanwell, where many hundreds of the unfortunate wererelieved from the greatest of human calamities. The reputation of thislady recommended her to the confidence of government:[275] with herhusband, Dr. Bowden, the medical officer, and a chosen staff ofassistants--several only inferior to herself--she arrived in this colonywith high expectations of success. As a temporary expedient, the_Anson_, a ship of war, was appropriated to the project. The decorum ofthe ship, and the healthy and cleanly appearance of the women, werestriking to a stranger; but the early lack of employment ruined theenterprise. The government, with its usual negligence, failed indetails, and thus failed altogether. Towards the close of theexperiment, the making of clothing for the prisoners was moresuccessfully attempted; but the local authorities were always hostile tothe institution. It was protected by Lord Stanley and Mr. Gladstone, butEarl Grey consented to its extinction. The results were certainly notencouraging. The women, discharged from the ship ignorant of the colony, were at once thrown into every temptation of convict associations. Theyhad been instructed in the principles of religion, reading andneedlework, and the fruit of these labors will hereafter perhaps, appear; but whoever expects much from mere dogmatic knowledge, will bedoomed to disappointment. On the death of her husband Mrs. Bowdenreturned to England, convinced that moral insanity is far more hopelessthan the diseases of Hanwell. This lady and her friends and coadjutors, the Misses Holdich, found the women generally submissive and docile:they were haunted with all kinds of terrors, and had less than theordinary courage of women. Mere children in understanding; some, suchonly in years; but their actual reformation, for the most part, onlyremained an object of confident expectation, while their true tendencieswere repressed. The lady officers, who expected to reap a harvest inthis field of mercy, began by blaming the colonists for scepticism, andafter 3, 000 women had passed through their hands, they, alas! ended inbecoming sceptical. 

A great number of these prisoners are married. During the probationsystem, the local government of the colony became far less scrupulous inreference to their character, previous engagements, and means of living. As a choice of evils this course was the least; but many of thesemarriages were a disguise for licentiousness, and of a very temporarycharacter. The freed man united to a convict woman could not be detainedin the colony; indeed, he was often compelled to leave it, and his wifewas not permitted to accompany him. From this cause alone, infinite viceand misery has arisen; and a total disregard of ties so modified by apolice regulation; which, while encouraging women to marry, subjectsthem to lasting desertion. 

Before the introduction of Lord Stanley's probation system, severalpious ladies established a committee of visitation. They entered thefactories and cells, and conversed with the female prisoners. Officialteachers superseded these efforts of private benevolence; and lessons, however excellent in themselves, lost the attraction of spontaneoussympathy and disinterested toil. 

It is with deep regret these observations are recorded. It is notintended to assume that the reform of female prisoners is impossible. Aconsiderable minority are probably not inferior to the lower classes ofpoor and uneducated women in the cities, or more uncivilised provinces. Re-convictions are not numerous; though, of course, many are deeplyimplicated with colonial crime. The law which consigns all to one penalfate, devotes all to one common ruin. Were it possible to escape thecontamination of a gaol, what could be hoped, where the male populationis contributed chiefly by prisons? What can be done to obviate theseevils? Such is the enquiry of the philanthropist: would to God it couldbe successfully answered. '

FOOTNOTES:

[Footnote 275: _Report of Hanwell Institutions_, 1842. ]

SECTION XXVII. 

Whatever details are omitted from the foregoing pages, nothing has beenwithheld necessary to complete a colonial view of transportation. Errorsmay doubtless be detected; but as they have not resulted fromcarelessness or haste, it is hoped they will be found both unimportantand rare. 

The views expressed by various parties on the subject of transportationare modified, or even wholly suggested by their interests. The Englishpeer rejoices that sixteen thousand miles of ocean divide him from the"wretch" who entered on his preserves, or dragged his rivers, and is atrest; the citizen is glad that one burglar less lives in hisneighbourhood, and considers that transportation is indispensible to thesafety of plate. The colonist farmer regards convictism as a laborpower; the working emigrant as a rival labor market; while the officersin charge naturally cloak its evils and exalt its efficacy. 

It is nearly impossible for a stranger to estimate the weight oftestimony, so prejudiced throughout, and nearly as impossible for awriter, interested in the issue of its discussion, to preserve theunclouded judgment required to arrive at truth. But little reliance canbe placed on official statistics: they give imperfect views of moral orindustrial results. They have often been compiled by government forspecific purposes, or by agents unworthy of confidence. 

It may be proper to point out the chief difficulties which beset thisbranch of penal jurisprudence. Some of these have been long noticed byauthorities on political philosophy. From Paley, to the latestspeculators on transportation, all have noticed its inequality. Theyhave dwelt on the uncertainty of its details--from the differing habitsand original condition of those subject to its infliction; and from theabsence of supervision, only to be expected where those who direct thesentence secure its observance. The convict is condemned to a penaltywhich may subject him to predial slavery, to capricious punishments; tobrutal taskmasters, and to the antipathies of a caste; or he may beregarded with compassion, good-will, and even preference: the sting ofthe law may be taken away, and what was a penalty may constitute abrotherhood. 

Thus it happens that no uniform description is a true one. What maycorrectly delineate the aspect of transportation on one class, may befalse in reference to another; what may be facts one year, may be anexaggeration in the year following. This inequality has been partly theresult of the law. The relation of the convict to the free has beenconstantly changing. He was a bond servant; he was permitted to compoundhis servitude by a daily payment; he was allowed to work partly forhimself and partly for the crown, at the same moment. He has beenrestrained in government gangs; he has lodged in barracks, and worn thecoarsest dress, or he has lived in his own hired house. Sometimestreated as a public enemy, chained, flogged, and over-worked; at others, petted as a favorite or soothed like a child. 

The public policy has depended on causes which have had little relationto the individual character of convicts. A mild or severe governor, orsecretary of state; a great increase or decrease of numbers; the book ofsome literary idler, or of an angry colonist; instances of extraordinarygood fortune, or an insurrection against tyranny; the fluctuations offeeling at home, sometimes wrath against crime, sometimes compassion forthe criminal. Such are the causes, traced in the incessant agitation ofpenal transportation. 

Two incompatible objects have been always professedlyembraced--intimidation and reform; but while they have both animated thescheme, they have struggled for the ascendancy, and the one or the otherhas seemed to be the chief, if not sole, motive of government. TheAustralian seal expressed the design of mercy: it was to oxenploughing--to bales of merchandise, and the various attributes ofindustry, that Hope pointed the landing convict, when she broke off hisbonds. Fifty years after, Lord Stanley deemed many years spent inchains, a just punishment for crimes against property, or others of nodeep dye. 

The changes of systems have been usually based on facts and opinions, elicited during those paroxysms of reform which occur generally once inten years. Thus the improvement of discipline; the efficiency of convictlabor; the several efforts to restrain its attendant vices; haveusually occurred when some old officer has been superseded; and othershave devoted to their novel duties the first vigour of their zeal. 

The whole spirit and apparent object of convict discipline has beenrevolutionised several times. In the vicissitudes of English factions anew secretary of state has had power to sift and overturn the expedientsof a rival. It has rarely remained beyond a few months in one stay. Forfour or six years, during the governorship of Colonel Arthur, transportation reached its highest perfection. It was rendered uniform, by the imperial confidence reposed in his judgment; more so by thedemand for labor, by the rapid influx of capital, and by the commoninterest of the government, the colonist, and the well-doing prisoner. It would be difficult to find half that period undisturbed under anyother ruler. 

Many difficulties connected with transportation are created by naturaland social laws: full of mercy to the human race. The sufferingsinflicted by man cannot reform man: he cannot carry out the vengeance ofanother, for wrongs he neither endured nor saw. His heart melts at thesight of distress, and forgetting general principles, says, in theabsence of accusers, "neither do I condemn thee;" or if forgetful of acommon nature, he punishes with inflexible severity, while the ironenters the soul of his brother his own heart is seared. Thus, again, anation cannot send away her criminals, and yet make their punishmentexemplary; she cannot detain them in masses, without rendering them ascourge; she cannot discharge them to live under a clement sky andamidst abundance, without meeting everywhere the reproaches of thehonest poor. Thus beset on every side, she is taught that crime is notan excrescence to be cut off, but a disease to be cured; and that toincrease the comparative penalty of guilt, more than liberty must beforfeited. She must offer something better to her paupers than thebenefits of disgraceful exile. 

In reference to practical results, almost every theory may be sustainedby the records of transportation, if one class of facts only areadmitted into view. Thus it has been pronounced by men distinguished andintelligent, as an expedient worthy an enlightened statesman, andgratifying to the most ardent though scrupulous philanthropist; but theyhave often omitted sections of facts which, resting on evidence not lessdeserving regard, excite astonishment, disgust, and horror. 

Whether the judgment of Governor Arthur was correct on the mainquestion, or not, he doubtless pointed out the great difficulty. Hiswords are well worthy remembrance:--"Sanguine as I am of the beneficialresults of transportation, and confident as I feel that it may be madeto surpass any other secondary punishment, both as relates to thecriminal and to the country from which he is banished, --I cannot losesight of many imperfections of our present system, some of which arebottomed on a state of things which no human ingenuity canrectify:--'you cannot make that straight which God hath madecrooked. '"[276]

A few men of the generation survive, which witnessed the departure ofthe first fleet of convict vessels to a country then a wilderness, andinhabited only by savages. The stranger, who lands where they firstpitched their tents, will survey the scene and consider the question oftransportation determined. The shipping which crowd the harbour; thepublic and private buildings rivaling the architecture of Europe; thespacious churches, filled with well-dressed families; the extensivethoroughfare, thronged with business and equipages, and adorned withelegant shops and offices; the courts of law; the public markets; theLondon cries; the noise of the hustings; the debates of the assembly. Such are the alleged results of transportation: as if by some vasteffort the people of an old country had transferred the seat of empire, and were collecting all that art could devise and wealth could bring. Should the visitor extend his enquiries, he will find vessels trading tomany neighbouring and kindred cities. They all owe their existence tothat first fleet. Sometimes they repudiate their origin; but they bearevidence that their giant youth has learned from the experience, andrisen in part under the auspices of the great convict country. Shouldthe traveller extend his travels to Van Diemen's Land, he will hear thesame tale of penal transportation, and its wondrous effects in formertimes. He will pass over a road made after scientific plans, and bridgesof costly structure. He will see orchards, in which mingle the blossomof the cherry, the apple, the pear, and the peach; and gardens greenwith British vegetation. This successful spread of the English name, language, commerce, and power, has required less than the life of man. Many survive, who were born when the first sod of Australia was turnedby the hoe of a banished Briton. The man even now seen saunteringalong, chained and moving sullenly to labor, is but a continuation ofthat army who first broke in on the solitude of a new world; laid thefirst foundation, and planted the first field. 

Should the traveller still extend his enquiry, his astonishment anddelight will not be diminished. The swarms of children rushing from avillage school participate the blood of men, some of whom were once aterror to society, or of women who were its reproach. In the lists ofreligious societies, commercial companies, jurors, magistrates, will befound traces of their lineage. What could hope have anticipated beyondthese realities!

But the connection between these successes and transportation, is ratherco-incidental than of cause and effect. Were it supposed that seventyyears would have elapsed prior to the occupation of these countries, butfor transportation, the advantage must be calculated not by actualachievements but the value of that advanced starting point, whichcolonisation now possesses. It is not improbable that colonisation wouldhave commenced at a much earlier date: the first ships of free settlerswould have been more intelligent; their attention to the resources ofthe country more earnest. The second quarter of a century had halfexpired, when the Blue Mountains ceased to be a barrier to the colonistsof New South Wales. The dawning of a new world must have attracted thenational mind, had not an unexampled society, abandoned to vice andcrime, appeared to the people an object of dread and horror. 

The progress of the colonies, until 1830, cannot be considered rapid. The first settlers were, individually, prosperous: many emancipists werewealthy; but for the rest, their houses were mean, their commercialarrangements pedling and insignificant; their public buildings generallymiserable. It is from the date of emigration that progress has beenconspicuous: and that date is but recent--a progress in a ratio vastlygreater than any previous cycle. The great colonies of Port Phillip andSouth Australia, before that time, were hardly in existence. 

If, indeed, no capital had been introduced; no whalers collected thetreasures of the deep; no free emigrant arrived; no free colonieserected; then the improvements of this quarter of the globe might beascribed to penal laws; but they have the same relation to its presentprosperity as the numerous parts of an edifice have to each other--notsuch as of the oak to the acorn. When, therefore, it is stated thattransportation has been the making of these colonies, it should berather said it was the cause of their establishment. The outlay of thecrown, although great, has been small compared with the outlay of thepeople. The chief settlers of the convict colonies were capitalists;they gave themselves to cultivation, which, in most instances, hasinvolved them. Agriculturists are poor: it is the shepherd prince who isrich. He may be benefited a few score pounds by labor artificiallysupplied; but nature is the great patron of his house. 

The chief connexion between transportation and progress is in thegovernment outlay; but that has been less than apparent; it has oftenbeen the mere difference between an English and a colonial price; it hasbeen attended with great consumption without equal re-production. It hassometimes had no other effect than foreign commerce on the places ofdepôt and transit. The price of labor, when labor was chiefly suppliedby transportation, was often very high. Thus a farmer found one man withrations and clothing; but a person, working in the same field, received£30, £40, or even £60 per annum. The price of labor was therefore often, on the whole, sufficient to absorb the capital of the employer. 

There are many wealthy landowners, who are, however, the solerepresentatives of those numerous fortunes lost by London firms in thesecolonies. The court of insolvency made that which was foreign, colonialproperty. The rich freights sent from Europe, when not wasted by anextravagant consumption, were really exchanged for land improved, andfinally disappeared from the ledger of the merchant. It remains--not asthe result of convict labor, but as the dividend of an expenditure whichshews more loss than gain. 

The value of convict labor has been generally overestimated. "The daythat sees a man a slave, deprives him of half his worth. " The employers, as a class, are uniformly poor. Slave labor in America is dearer thanfree, although it implies no moral degradation. [277] What then could beexpected from bondmen of the same colour as their lords; whoseresentment and indolence combined to prevent their usefulness. It may besafely affirmed, that the employer who gained by his servants, not onlywatched, but paid them. [278] Instances may be found in opposition tothis conclusion: the great employers, who reduced their men by anunrelenting pressure, were few in number; and their advantages were ofbrief duration. [279]

The ordinary settlers purchased convict labor at great sacrifices, whichthey never estimated. They lived in woods, often without religiousinstruction, medical attendance, and in want of those refinements whichcan be realised only when the stern features of the wilderness aresoftened by neighbourhood and civilisation. Who can value the toil andtime, and wear and tear of life, in bringing the stubborn, ignorant, andvicious to drive the plough and reap the harvest. Other colonists, inother lands, with less capital, but with free labor, have thrivenfaster; and attained a prosperity far less compromised by debt, and farmore durable. 

A very great quantity of property has been destroyed by crime and vice. It is commonly said that theft merely changes ownership, and does notdetract from the aggregate of wealth; but the thief is not only idle, his expenditure is reckless; he wastes more than he consumes. 

Many colonists of former years spoke of the arrival of prisoners withgladness, and seemed to regard the punctual supply of a certain butincreasing number as a boon. The minds of these persons usually dweltsolely on the advantage of coercive labor, of military and prisonexpenditure, and the prisoner was regarded as a "productive power. "When ashamed of sordid calculation, they discovered a defence in theblessedness of expatriation to the offender. His food was greater inquantity, and better in quality, than he could obtain by industry in acrowded country. His liberty restored, fortune became often auspicious, and the temptation, to rude roguery ceased. He took his side with thelaws; he married, and educated his children; he attended the house ofGod, and became serious; he rivalled his master in liberality and publicspirit. Multitudes died in hospitals and in prisons; but they wereforgotten, and the fortunate only were conspicuous. 

The public works performed by convict labor, though sometimes extensiveand important, will appear inconsiderable, if compared with the imperialor colonial cost. The deep cuts and massive bridges, which please theeye, are yet disproportionate to the traffic, and produce no adequatereturn. The proportion between free and bond labor, is as 2 and 3 to 1. Task labor has been commonly found incompatible with discipline, orliable to favoritism and official dishonesty: the overseer"approximates" or guesses, when not inclined to reckon. Day work isstill less satisfactory: the pick is slowly uplifted, and descendswithout effect. The body bends and goes through hours of ineffectualmotion; or if the rigour of discipline renders evasion penal, thetriangles disgrace a civilised nation, and the colony is filled withviolence and vengeance. Yet convict labor has, generally, been deemedimportant to an infant settlement; to secure a combination, withoutwhich preliminary stages of colonisation are slowly passed. Such hasbeen its undoubted use; but who, with the prodigies of modern enterprisebefore him, will assign to bond labor a peculiar efficacy, or doubt thatwell directed capital can ensure all that force can effect. 

The industrial enterprises of the crown have been utterly unsuccessful:they have been the laughter of the colony. Examples might be given inabundance; but it is needless to prove what has been never disputed. Convicts have been employed by the authorities as ship-builders, masons, hop-growers, and cultivators; but the general results would haveinvolved any less opulent proprietor in ruin. 

Nearly 120, 000 prisoners have landed in these colonies; of these, themajor part have passed into eternity. Thousands have died in chains;thousands and tens of thousands perished by strong drink. Their domesticincrease, compared with equal numbers of free persons, isinsignificant--partly by the effects of vice, and in part by theimpracticability of marriage: they melt from the earth, and pass awaylike a mournful dream. In every parochial burial-ground there is a largesection of graves, where not a tomb records who slumber there. 

The nursery is the natural hive of arts and agriculture. The sons of thefarmer, when they commit him to the dust, occupy his fields, and thelittle one becomes a thousand. There are several families in thiscolony, more than were the sons of Jacob when he lodged in Goshen; butconvicts, for the most part, die childless. 

In delineating the character of an exile population, a broad line mustbe drawn between the accidental offender and the hereditary robber. Tothe first no special description will be applicable: they are often notinferior to the ranks from which they sprung. Though a small section ofthe whole, they present not the least affecting picture among the manysad sights of a penal land. In the folly and recklessness of youth theylost at once their fame, their honor, and their freedom. The statesmanmay behold only a mass of outcasts; but among them are many whose namesare the burden of a father's prayer, or are traced in deep lines ofsorrow on a mother's breaking heart. 

Transportation confounds men of entirely distinct character in onecommon penalty. Thus every variety of disposition, and every grade inlife may be discovered. A proportion, certainly not considerable, obtainthe respect and influence due to benevolence, integrity, successfultoil: a much larger number exhibit only the common faults of uneducatedmen, and acquire the common confidence suited to their original station. 

The character of convicts cannot be safely inferred from their sentence. Thus highway robbers were not unfrequently the best conducted men: theyexhibited a courage and resolution which, directed aright, became usefulto society and to themselves. The petty thief, often detected in hisleast offence, proved incapable of shame or gratitude. To an Englishreader, preference expressed by masters for persons under heavysentences, would appear inexplicable; but it was founded, not on lengthof servitude alone, but a not uncommon superiority of disposition. Thosetransported for agrarian offences and political crimes, were oftenhonest men. The rustic insurgents of 1832, were considered valuableservants. The Canadian prisoners conducted themselves with exemplarydecorum. 

Among those who belong to the class of habitual offenders, a largeproportion are intellectually deficient. These unfortunate beingsregularly return to crime on their discharge; incapable of resistingtemptation: while prisoners, they are perpetually involved indifficulties. A very bad man will pass through the different stages ofhis sentence without reproach, while the weak-minded are involved inendless infractions of discipline and successive punishments. Nothingretards the release of the artful villain when his time is expired, while the warm and incautious, but better man, accumulates a catalogueof prison penalties. 

The most civil and useless prisoners are the Irish: the most base andclever are the Scotch. They stand in different relations to the law: theScotchman violates his own judgment, and offends, against knowledge; theIrish peasant unites a species of patriotism with his aggressions. 

The modern convict is, in some respects, better than his predecessor;less ruthless, or prone to atrocious violence. Civilisation has extendedits mollifying influence, even to the professional robber. On the otherhand, in former times, men were transported for very trivial offences:poaching, with its consequences, formed the leading crimes of theEnglish counties; yet many poachers were otherwise first-rate men, bothin disposition and physical development. The modern convicts are, moregenerally, criminals in the popular sense. The abolition of capitalpunishments, and the erection of penitentiaries at home, left thepenalty of transportation chiefly to more serious offences. 

The tendency to particular crimes is often curiously displayed. Prisoners are safe amidst scenes which present no allurements adapted totheir former habits: the pickpocket is perfectly trusty as a shepherd;the housebreaker makes a confidential dairy-man. Old temptations arefatal: even the stealing particular goods seems a special propensity. Awoman, lately convicted of stealing blankets, who was originallytransported for blanket-stealing, had twice stolen the same article inthe colony. It is, of course, in the same department that the robber, the coiner, or the receiver of Europe, resumes in Australia hisantagonism to the laws. These characteristics are happily oftenobliterated and overpowered. 

The Christian will not doubt that reformation is possible, and that manyonce neglected and unfortunate, placed under the guidance and encouragedby the countenance of benevolent men, acquire both the principles andhabits of ordinary society. The affections of domestic life are allawakened. The parent feels a new interest in the world: his share in thecommon prosperity excites the sentiment of patriotism. He promotes hischildren's education with unusual care; but it is at this stage of lifethat his heart endures a pang which legislators never contemplated. 

The occasional prosperity of the transported person has been theopprobrium of the laws. He rises above his former condition; becomes amaster where he was a bondman; patronises public amusements, and ridesin his chariot past the pedestrian who received him in bonds. Greatchanges in condition are common everywhere: but transportation presentsthe whole career of the exile, from the bar to the civic hall, as partsof the one drama. A pardoned offender is lost in the population of GreatBritain. Were the changes in his fortune noticed, it would occasion noreflection on the laws; but when numbers ascend under the same auspices, their prosperity is flagrant, and stands in ludicrous contrast with thepredictions of the magistrate, who opened up a field of successfulenterprise when he pronounced the sentence of transportation. 

The colonial aspect of transportation is, to a British statesman, asecondary question: thus the injury of a distant community is ofinconsiderable importance. If the expatriated classes carry out withthem their ignorance, disorder, and crime, they retard the progress anddestroy the reputation of a distant country, but the nation may still besatisfied: she may balance the evil and the good, and find herself thegainer. The colony is injured; but the parent country is saved. Thustransportation not only removes the habitual criminal, it extinguishesthe embers of insurrection: it prevents the dreaded war between propertyand poverty, and silently withdraws a mass of dangerous discontent. 

Of those transported a great proportion, if in England, would be inprisons; or, if at large, preying on the world--following their oldcalling, as burglars, coiners, and sheep-stealers. They would be activeincendiaries and anarchists: they would be out at every riot, and bythrowing their numbers into the scale of sedition, overturn all order, and even change the constitution. Such have been the conclusions ofEnglish statesmen: perhaps, partly founded on their fears, or stated foreffect; but not wholly unsupported by analogy. 

While some exhibit a convict colony as depraved beyond all examples ofdepravation, others lower the standard of human virtue, and not onlyextenuate its evils but magnify its worth. It was asserted by LordStanley, that the feeling of caste guarded the habits of the free. Aview so flattering to human pride could hardly fail to be confessed;but, in fact, familiarity with crime, although it may not corrupt thejudgment, must abate the moral sensibility. No colonist can forget hisshudder at the first spectacle of men in chains: none can be unconsciousthat the lapse of years has deadened the sense of social disorder. Ithas, indeed, made many doubly circumspect, and awakened a peculiarinterest in the ordinances of religion. Nor is it to be doubted thatmany expirees, disgusted with the enormities of vice, have, under thesame feeling, contributed to set up the indispensable land-marks ofhonesty and religion. 

Never were families guarded with more care, or efforts to educate thepopulation more earnest, than during the inundation of the probationsystem. The external decorum of the Sabbath, the general attendance ofthe free inhabitants on worship, would go far to countenance the ideathat the place of peril is the place of caution and prayer. 

Ministers of the crown are, or profess to be, astonished that when thefreed population increases, and the territory is explored, a country, still needing labor, should object to the prisoner supply; but theslave-holding interest expires, when immense numbers can be held nolonger by a few: the common views of mankind re-assert their ascendancy. All, save employers, are hostile to degraded labor; employers themselvesbecome less interested as masters than as colonists. 

But transportation to one country cannot continue for ever. The causeswhich suggest the exile of offenders will occasion their rejection:money or labor may bribe the settler to become an overseer for thecrown; but from the beginning he will calculate on a nobler vocation. Aconsiderable community cannot be tempted by convict labor: and thenumbers who regain liberty are enemies to the social state they haveescaped. Fathers, who for themselves dreaded no dangers, tremble fortheir children: the adventurer becomes a citizen; a merchant, apolitician: and the time approaches, when the same causes which inducedthe parent country to send the first convict vessel, will impel thecolony to send back the last. 

The late expedient of Earl Grey, is the trial of a scheme long presentbefore his imagination. [280] Its rejection by the Australian continenthas limited the experiment to Van Diemen's Land, where resistance isunavailing. It is the last achievement of penal philosophy, and willascertain how long one small portion of the earth can receive theliberated masses, gathered by the penal laws of a mighty empire!

The ticket man lands; the colony is crowded with his predecessors; thecolonists consider his arrival a grievance; the government, ignorant orcareless of his fate, cast him into new temptations. Under such a planthe emigrant is gradually superseded by the exile population: theemancipated laborer is expelled by a fresh ticket holder. Thecountry-born youth finds himself unable to live in his native land. Thetone of public morals follows the prevailing spirit: crime is currentlyspoken of merely as a fault or a misfortune; the press teams withvicious sentimentalism; the administration of justice becomes moreuncertain, perjury more common; the reputation of the colony is formedfrom the census, and the land becomes a by-word and a hissing. 

Such, then, is the scheme which originated in philanthropy; such thepractical result of years of laborious inquiry and official debate!

FOOTNOTES:

[Footnote 276: Despatch of Colonel Arthur to Right. Hon. E. G. Stanley, March 10, 1834. ]

[Footnote 277: "On the left bank of the Ohio the population is rare. From time to time one descries a troop of slaves loitering in thehalf-deserted fields, the primæval forest recurs at every turn: societyseems to be asleep. From the right bank, on the contrary, a confused humis heard, which proclaims the presence of industry. The elegance of thedwellings announces the taste and activity of the laborer: in the end, the slave has cost more than the free man. "--_Tocqueville_, vol. Ii. P. 222. ]

[Footnote 278: Murdoch's evidence, 1837. ]

[Footnote 279: It is a curious fact that, generally, the most severegovernment officials were reckoned the most indulgent of masters. ]

[Footnote 280: The following question, put by Earl Grey (then LordHowick), and answer, given by James Macarthur, Esq. , appears in theevidence taken before a committee of the House of Commons, 1837:--

"Q. Suppose, instead of the present system of transportation, criminalswere to be punished in England with a certain number of years'imprisonment, and after that to be banished to New South Wales, werethere to be placed under the surveillance of the police, in the samemanner as ticket-of-leave men, what do you think would be the effect ofsuch a system?

"A. I conceive that the effect would be, in a modified shape, the sameas that of continuing transportation. "--_Report of Commons_, 1837, p. 218. ]

HISTORY OF TASMANIA

CONCLUSION. 

CONCLUSION. 

The history of Tasmania is a type of the Australian world. The eventsrecorded in these volumes represent the policy, modified slightly, whichhas everywhere prevailed. The author has however rarely attemptedgeneralization, and has represented every fact in its independentcolors. Thus an evil pursued to its source might have been avoidable bygreater forethought and care, or it may have been the inevitable issueof a system upon the whole beneficial and therefore just. 

For many years the government of these colonies was absolute: could itbe otherwise? A company of exiles, overawed by dissolute soldiery, interspersed here and there with few persons of a superior class, couldonly be governed by despotism. It might have been legalised instead oftolerated by the parliament, and it might have been less offensive tothe spirit of liberty. But to have trusted a few proprietors withlegislation or a share of the executive authority, could have onlycreated a tyranny more grievous. 

The comparison between the early colonists of America, at least those ofthe northern states, and the founders of Australia, must quickly run offinto a contrast. The primary object of the Pilgrim Fathers, was theenjoyment of opinions in peace. The early denizens of the southern worldburned their first church to escape the tedium of attendance. The firstpilgrims of New England attempted a community of goods on the plan ofthe apostles. The first Australians drew their stores from thecommissariat, and adopted the traditions of Houndsditch and Wapping. Theleaders of the first Americans were their clergy, --the bible was theirpolitical and civil standard. The rulers of the first Australians werehalf marine, half soldiers, whose pay was supplemented by the sale ofspirits sold by convict women, their mistresses. Thus for many yearsthe government of these colonies was absolute, and the usualconsequences sometimes appeared. 

Were a judgment to be formed however of the spirit of colonialgovernment by a severe examination of its early frame-work, erroneousconclusions would be drawn. In the worst times the sentiments and habitsof Englishmen tempered the operation of power. Settlers fresh fromEnglish society could not discard the opinions and principles cherishedin Great Britain; nor could the rulers of the day forget that theirconduct would be judged, not by the standard of continental despotisms, but by British systems of government. The establishment of Britishcourts of justice and the protection of English laws have been foundwith few exceptions an impenetrable shield. The chief examples ofofficial wrong have been generally connected with the misappropriationof public resources rather than invasions of personal liberty. Howdifferent the despotism of a Spanish viceroy and the sternest rule of aBritish governor! For the last twenty years cases of aggravatedoppression have been exceedingly rare. The genius of British freedom hasever overshadowed the British colony, and awed the despotic ruler, whileit has encouraged and sheltered the feeblest colonist. The great defectin official men has been their superciliousness and indolence, ratherthan their tyranny, and the popular governors of this hemisphere havegained the public esteem by their manners rather than their ability. Agenial temper and a feeling heart rarely failed to conciliate themultitude, while distinguished talents have lost their immediateinfluence when in union with a harsh, contemptuous, and fieryspirit. [281]

For many years the press has exercised a powerful influence on theaffairs of government, and left no avenue of escape to officialignorance and corruption. Even when jurors were selected by governors, the most unmeasured denunciations were poured forth without fear ofprosecution. Associations for the redress of grievances have carriedtheir organizations to the very verge of constitutional order. Ademocratic state certainly would never have tolerated the discussion ofits principles and authority in feeble dependencies. But the Britishgovernment, secure in its power and serenely conscious of its ability tocheck an intrusion on its just authority, has encouraged rather thanrepressed the freedom of public discussion and combination. The localrulers, instructed by their superiors, have long permitted even thelicentiousness of the press. The strength of the empire justified andaccounted for its tolerance. There is no tyranny so watchful as that offear, and no cruelty so relentless as that of factions who struggle forexistence. 

The non-dependence of the government on the people has united thecolonists in one body. It has been the colony against England, and nottories against whigs. In America the powers of self-government were toooften seized by a faction, and a political opposition, even in a mostmoderate form, was stigmatised as felony and punished as treason. But inthe Australias the colonists have expended their rage on a distantoffice, and in their real or imaginary sufferings have felt a sympathyfor each other. The ascendancy of a faction in a small community is thereign of terror, and might soon lead those who value their personalfreedom to regret the most sensitive and unscrupulous vice-regaldespotism. 

The spirit of colonial government, however, has been sensibly affectedby the policy of Great Britain. The enlargement of popular freedom athome has relaxed the severity of colonial rule. For every considerableamelioration the colony has been indebted to the whigs. They gave trialby jury: they stopped white slavery in the Australian colonies, and thusin the end transportation. They placed religious denominations on anequal footing: they introduced the sale of land, for the purposes ofimmigration: they granted first to New South Wales, and since to all thecolonies, the legislative assemblies which now watch over their risingliberties. In the days of a Castlereagh or a Bathurst, England possessedfar less practical freedom than her colonies now enjoy. It is impossibleto prevent the contagion of opinions, and the colonies may see in thegrowing intelligence and spirit of the United Kingdom the assurance oftheir own gradual advancement in the ranks of freedom. In this respectAustralia is more happily conditioned than was once her American sister. The colonies of that continent were in advance of the parent country. The royal government not only detested their institutions as democratic, but as a standing reproach to the maxims of domestic policy. Thus, theappearance of a royal governor was ominous to their liberties. He cameto entrap, to report, and to betray them. They had to hide theircharters, to preserve them from violent abduction; and to threateninsurrection as the alternative of liberty. Whatever Australasia gainsshe will attain with the approbation of English statesmen. She will lookto the spirit of the times as the guardian of her rights. Whileprivileged exclusiveness is in Great Britain crumbling to the dust, itcannot be that the middle classes will impose upon the necks of infantcolonies the burdens they themselves abhor. 

In seeking the improvement of colonial government, a prudent colonistwill guard against the extravagance of theory. It is true that thepeople are the best judges of their own interests, but not that theinterests of all colonists are uniform, or that they are capable ofimpartially disposing of all the incipient interests of the colonialstate. Their covetousness as landholders might absorb the inheritance ofthe nation--their ambition as citizens contract the franchises of thehumbler classes. The most strenuous opponents of Downing-street havedenounced most fiercely the extension of the popular power. Mr. Wentworth, whose services in the cause of Australian freedom haveimmortalized his name, is yet a lictor when he turns towards themultitude, and a tribune only when he faces the seat of authority. Hisdefiance of Earl Grey was pronounced nearly the same time that heimprecated vengeance on the Sydney democracy. The most strenuouseducated advocates of self-government are not yet prepared to carry outtheir principles to their utmost limits. If the people have reason todislike the autocracy of Downing-street, they would find no ameliorationin the ascendency of an oligarchy which would divide the universe intosheep walks for the benefit of flockmasters, and convert the residue ofmankind into shepherds. True liberty is a compromise, and if a smallcommunity would prevent faction from establishing a tyranny, it mustexchange some advantages for a control which defends while it restrains. Thus the claim of responsible government, and the appointment ofofficers chosen from the colonial ranks, though favorite projects, andcertain finally to prevail, require a considerable growth before theycould be useful. Our functionaries hold their office at the pleasure ofthe crown and thus survive the confidence of the assemblies; but evilsof another class would issue from an opposite system. Official men, always fearful of defeat, would strengthen their position by the mostdesperate use of their power, and a dozen voices would decide. Thusfamily compacts would be formed, and cliques and cabals would finallydetermine the distribution of office. For this the Americans have founda remedy in the meagre pay of those who occupy their highest situations. Ambition is moderated by its unrequited toils, and the public businesschiefly carried on by paid servants of humble designations. But werethousands a year the prize of a successful opposition, not better men, but worse than the nominees of the crown might be expected to climb orcreep into the seat of government. 

In looking down the lists of colonists who have most largely benefitedtheir adopted country many would be found who were appointed from hometo fill offices they have long since quitted. Nor would it be just todeny that they have largely contributed to whatever has elevated thetaste and improved the social condition of these countries. For sometime to come the appointment of well-educated Englishmen, though not tothe exclusion of Australians, would be desirable, unless the recentdiscovery of gold should rapidly augment the population, and thus extendthe basis of government and the number from which its officers may bechosen. The feelings of the colonists have, indeed, been too oftenviolated by the scandalous multiplication of offices and the utterincompetence of those who have filled them. But a community little morethan half a century old cannot be entitled to denounce Englishmen asforeigners, or to complain that strangers usurp the rights of thecountry-born. A wise administration of local patronage, withoutdistinctions which are unnatural and absurd, would strengthen the handsof the executive and satisfy the reason of the people. 

The future independence of the Australian colonies is written in thebook of fate; but the inevitable change may be long postponed withadvantage to themselves. A superior power is desirable to regulate theirdevelopment, and to preserve at once their order and their freedom. Thereins of government, if snatched from vice-regal hands, would notimmediately fall into those more worthy. The love of order is too strongin the English breast to tolerate anarchy, and whatever changestranspire the public voice would pronounce in favor of a strong andregular administration. But since life is short, no wise man would wishto waste a considerable portion in passing through the disorders of arevolution to gain the mere name of a State. The royal government mayredress every grievance, and the colonist may turn with confidence tothe seat of empire for the accomplishment of every municipal changerequisite to advance the country of his adoption. But were independencedesirable in itself, the colonists would, notwithstanding, calculateits cost. Those who have pretended that England does not prize hercolonies, know little of her temper: her colonies are her pride, herornament, and her strength. One day she will lose them; but that daywill be a day of mourning and humiliation. 

The discussion of this question by the metropolitan press, and thepredictions of parliamentary statesmen, have induced many ardent mindsto anticipate an early realization. These prophecies are but the weaponsof party which would disappear in the presence of real danger; one voicewould be heard proclaiming the rights of Great Britain. To her powerwhat could Australia at present oppose? The American revolutionists hadan army: they had thrust out the Indians and beaten the French, andtheir national character was deepened by the political and religioussentiments in which they had been cradled. But Australia has not asoldier or a gun. Her population may quickly reach the three millionsnumbered by the Americans at the era of independence; but she has notthe habits of Americans--she has not their country, their forests, theirfrozen rivers, their terrible snows. England, when America resisted, hired a few German troops to assist her own feeble army. Since then shehas conquered Napoleon, subdued India, and established her militarypower in every region of the world. Whether the mutual interests ofGreat Britain and her colonies are sufficient to bind them together maybe a question at issue. Independence may be desired; but it is well toremember that those who will attain it must fight for it, and that inthis war they will not only contend with the most benign and just, butwith the most powerful government on the earth. England will not permither ministers to oppress the colonies; but would hazard the lastregiment rather than lose the colonial empire. 

The British government will not, if wise, rely on any abstractprinciples of loyalty, or conclude too confidently that no attempt willbe successful. The distance of the central power; the peculiar structureof colonial societies; the mountainous regions of Van Diemen's Land andNew Holland, where small bodies could resist all the armies of theworld; the possibility of foreign sympathy: all these are considerationsproper to moderate imperial confidence, and to teach that the integrityof the empire is only safe in the unity of interest and affection. [282]

The colonies have every motive for preferring the British rule to anyother; yet the contingencies of war may expose them to extraordinarysufferings. Foreign nations would scarcely attempt a permanentoccupation; but the cities which contain half the inhabitants, and morethan half the moveable wealth, might be successfully assailed, pillaged, and easily destroyed. Thus, a powerful European state may expose herdistant colonies to the calamities once endured by those of Spain. Suchmay be the expectation of the Australias. When they are required tosupport armies for their defence it will be felt that these arenecessary chiefly because they are united with an empire whose interestsare complicated with every government in the world. 

To strengthen the authority of the British crown no measure would bemore effectual than a federal union of these colonies. They require asenate exalted by station above the influences of mere localism, andcapable of holding in check individual ambition. Statesmen, gatheredfrom the various colonies, would restrain and moderate each other. Thehighest questions of colonial government being confided to their care, they would leave the internal improvement of the districts to be pursuedby the local legislative assemblies. The state and expense of colonialgovernments, which now maintain distinct departments in each colony, assuming all but imperial style, might then be abated. Monetaryestablishments find no difficulty in conducting their affairs under ageneral inspectorship assisted by a local direction. The Americanstates, by remitting all great questions to the federal government, aresustained at less cost than the branch establishments of the Bank ofAustralasia. It is true that a federal union would increase theimportance of the colonies among nations, and contract the power of theministry to a distant superintendence: it would, however, prevent manyof the evils of political dependence, and secure to Great Britain allthe advantages of imperial authority so long as it shall last. 

It is infinitely important that intelligent and upright men shouldoccupy their true position in public affairs. A reluctance to face thevirulent and brutal opposition of low adventurers must be naturally feltby every refined and educated man. The future character of thesecolonies will, however, depend on the courage and perseverance of therespectable classes. The widest extension of suffrage cannot be longresisted, and qualifications for office founded on property willinevitably break down. But the reputable and intelligent will be able tocommand the public mind if they think it worth while to instruct andconciliate it. Religious men must no longer avoid the strife of thehustings as inconsistent with piety, or set the claims of religion inopposition to the obligation of the citizen. Both are in reality one;and while churches in their corporate capacity stand best when they aremost distant from the arena of politics, it is the duty of all whoreverence the Almighty's will and regard the welfare of mankind, todevote themselves to the social and political amelioration of society. Personal character and social position are distinct elements ofpolitical power. The Queen of England and her illustrious husband areinstead of armies: wherever they have moved they shed light andpleasure, not only through the mansions of the rich but the cottages ofthe poor. The theoretical republican is compelled to doubt whether anexample so valuable may not be worth all the cost and prerogatives ofroyalty. 

The settlers of Australia are as diversified in their habits as in theirorigin. Many in Van Diemen's Land are retired officers of the army andnavy, masters of merchantmen, and persons of respectable connexions. Thesquatters of Port Phillip are a superior class, although their habitswill require time to recover from the deteriorating action of bush life. The middle classes constitute the most influential body in SouthAustralia. The German race are largely interspersed in the colonies ofSouth Australia and Port Phillip. As they acquire the language theyseparate. Their condition improves more rapidly by diffusion, and theirvillages are rather asylums than homes. As might be expected theprevailing spirit of the colonies is democratic: the democracy of themiddle classes, not of the mob. There are no permanent springs of crime:the instinct of order, everywhere powerful, cannot but be strong wheresociety is prosperous. 

The social prospects of the colonists, though not without omens of ill, will not discourage the political philosopher. The various races are notsufficiently distinct to prevent an easy amalgamation. Nationality, whether of Germans, Irish, Scotch, or English, insensibly loses itspolitical character. Hostile traditions cannot be naturalised in a newland: all respectable men condemn the revival of ancient feuds, and theywill soon disappear for ever. 

More fortunate in this respect than America, in these regions no Africanslavery exists--the brother will not sell his sister, or the father hisson. The temporary inconvenience of transportation will leave no deepindent on colonial society; but the black brand of slavery is indelible. 

The liberality and generosity of the Australians has been remarked byevery stranger. In prosperous times money is at command for everyproject which professes to do good, and suffering is instantly relievedby bounty which is sometimes extravagant. The loss of a vessel a fewyears ago afforded an instance of this. The utmost latitude ofbeneficence could not exhaust the immense sum (£1, 200) contributed tomake good the personal losses of a few passengers and seamen. Theliberality of the hand is here unrestrained by religious antipathies. Bigotry assumes the character of ill temper and puffing. Two parrots inPhiladelphia trained to polemics were set over against each other, onecrying all day, "there can be no church without a prelate;" the other, "there can be a church without a prelate;" the passengers were dividedin opinion, but laughing walked on. Such is colonial life. 

No believer in the glorious destinies of the Anglo-Saxon race can lookupon the events of the last three years without wonder and hope. TheAmerican and British empires are seated on all waters; the old and newworlds are filled with the name and fame of England and her children. The lands conquered by Cæsar, those discovered by Columbus, and thoseexplored by Cook, are now joined together in one destiny. There areindeed peculiarities in the various branches of the Anglo-Saxon race;but they are only the varieties of the same family, conscious of eternalunities. How awfully grand are their prospects. America attracted bygold has pushed forward her commercial pioneers, not only to theextremity of her territories, but to all the islands of the Pacific. Thediscovery of gold in California was scarcely less momentous to theAustralasian than to the American continent. They are now our nearestneighbours: their markets are affected by our own; their territoryoffers the quickest transit to Europe; every hour will develop theimmense importance of this contiguity--that passage across the isthmusof Panama, once represented as the last achievement reserved forcommerce and science in their highest maturity, has already beenassured. The common interest of trading nations will strengthen thesecurities of peace, diffuse civilisation among the thousand islands ofthe Pacific, and facilitate the extension of Christian knowledge in theremotest portions of the earth. England, the parent--no longer theexclusive centre of Anglo-Saxon civilisation--will find auxiliaries onlyless powerful than herself in a work once entirely her own. 

An impetus has been given to the Australian colonies by the discovery ofstill richer gold fields than those of California. In six months, morethan two millions in value has been taken from the surface of the earthby laborers unskilled in the process, and who have perhaps wasted morethan they have secured. The riches which remain scattered over manyhundred miles can only be appropriated by the state as they flow throughthe coffers of commerce. A period cannot be imagined when the preciousmetal will be exhausted. 

The interest excited in Europe by the discovery of new mineral wealth, is chiefly important from its tendency to change the current ofemigration to these regions--certainly unsurpassed and scarcely equalledin the world. Here, under a tropical sun, no fever rages; hereindigenous diseases are unknown; even those so fatal in Europe rarelyvisit this hemisphere. The small pox, the measles, and various otherdisorders fatal to infancy are only occasionally seen, and are scarcelyever mortal. No miasma arises from the marshes: no decaying vegetationpoisons the virgin soil. The clement skies and light atmospherestimulate and confirm the health. Whether long life is the gift of thisquarter of the globe is hardly yet determined. Those of middle age wholand here find their constitutions recruited; but the country-born comemore quickly to maturity. It is probable, however, that the highestaverage of human life will be attained: fewer will die in infancy, perhaps a smaller proportionate number reach old age. 

If the productions of these countries are considered, they will be stillmore attractive than other unoccupied regions. Nature has multiplied hergifts with a liberal hand. It were more easy to enumerate those that arewanting than those that exist. Gold, silver, iron, copper, coal, andevery variety of stone are included in our geological wealth. All thefruits of the tropics and of the most temperate lands may be easilybrought to the same table. Taking Tasmania and Port Phillip as thecentral regions; on the right and on the left the fertile earth yieldsevery variety of European fruits, until the meridian is reached wherethe sugar cane and cotton tree flourish. It is true, that some otherlands present more comparative fertility, but the Australias containsufficient alluvial soils to satisfy the wants of millions. Washingtonraised but twenty bushels of wheat per acre in his paternal lands ofVirginia. The intelligent Australian farmer often far exceeds thatquantity even with imperfect cultivation. Nor is there a season of theyear when he cannot toil, or one when the garden is wholly unproductive. 

But if the position of Australia in relation to the rest of the world besurveyed, the prospect is still more brilliant. An Englishman measuresdistance from his native land, and thus his pardonable vanity fixes theAustralias at the extremity of the earth. But such is not the realposition of New Holland. In reference to the most populous and fertile, or the most ancient and opulent, [283] it has been compared to the frogor soft part of a horse's foot in relation to the outline of the hoof. With the face turning to the north, America is on the right, Asia andAfrica on the left. Great Britain, the parent land, is far more distantfrom most of those mighty regions which feed her commerce and sustainher strength than her Australian colonies. They will soon meet hervessels on every shore. Steam navigation will flourish on the Pacificocean not less than on the rivers of America. The eye that scans thefuture, guided by calculation rather than fancy, sees the ports ofAustralia thronged with steamers, or follows them traversing every seaand ocean, and bringing from every city of the civilised world bothmerchandise and men. 

Thus the progress of the next quarter of a century will be multiplied byits years. 

When North America separated from Great Britain, she exported not muchmore than four millions in value per annum. Australia already exportsnot less. [284] The commerce of England with her Australian colonies iswithout parallel. History affords no example of such rapid advancement;and this not as the result of protective laws, or of remarkableintelligence or enterprise, but as the fruit of that boundless opulencescattered by the hand of nature and gathered with unexampled facility. The merchant laments the paucity of navigable streams. Yet there arerivers of many hundred miles extent, which will ultimately be availableto commerce. The engineer of Europe would laugh at difficulties opposedby stones, and trees, and marshes. Population will one day justify theimprovement by art of what nature has only partially accomplished. Butin the level plains of the Australias there is a compensation for thisdeficiency. Hundreds of miles are almost prepared for the rail road; andas the cheap methods adopted in America become known, the inlandcommunication will be rapidly enlarged. 

The late date of the discovery of gold in Australasia has created muchastonishment. It seems to have been concealed by Providence, or ratherthe signs of its existence were not permitted to arrest attention, untilthe colonies could endure the shock. A shepherd publicly sold at Sydneyseveral ounces of gold in 1844. Years after a still larger quantity wasexposed in Victoria (1849). These facts were recorded in the journals ofthe time; in the first instance scarcely awakening the slightestinterest, and the last producing little but distrust and derision. Thedelay has probably upon the whole benefited both the colonies and thehuman race. Had gold been discovered before the era of free immigrationit must have led to frightful disorders. California has added anotherto those warnings presented in the history of gold mining, that theabsorbing pursuit, for a time, suspends the voice of reason andmorality. The multitudes who have precipitated themselves on the goldfields of Victoria indicate the uniform direction of similar passions;yet how superior are our present resources to those of former times orof other countries. The governments organised and intelligent, andsustained by the strong moral support of four hundred Christiancongregations. The social interests of perhaps not less than fiftythousand families will be able to check, and probably to master, thespirit of anarchy and violence. That any lives should be sacrificed isof course a matter of regret; but the politician and the philanthropistmay pronounce in favor of a dispensation which though permitting thesacrifice of a few, will rapidly cover the regions around us withvillages, towns, and homesteads. 

Though rich beyond example, the mines will be abandoned by the many forwhom the pleasures and the rest of home, the calm and even pursuits ofindustry, and the intercourse of civil and religious life have permanentattractions. Yet the unexampled profusion of the precious metal mustrapidly augment our commerce and supply the means of mercantileenterprise. The capital we have so often coveted is now within ourreach. The farmer desired a market; he has it in his neighbourhood, athis very door. The demand for foreign articles will give employment toshipping directly trading from the Australian to the producing market. The increase of commerce will thus lead to its independence. TheAustralian merchant will acquire the same relation to the general tradeof the world as the American possesses. The ships of America carry herpassengers and convey her produce. She divides the profits equally withher customer. [285]

The happiness and prosperity of the people is by Divine Providenceplaced within their power. If they grasp at wealth to the neglect oftheir social and political duties; if, for the sake of selfish ease, they resign to ignorant and violent men the business of legislation; ifthey tolerate systematic debauchery, gambling and sharping; if theycountenance the press when sporting with religion, or rendering privatereputation worthless; if they neglect the education of the risinggeneration, and the instruction of the working classes; if the richattempt to secure the privileges of rank by restricting the franchisesof the less powerful; if worldly pleasure invade the seasons ofdevotion; and the worship of God be neglected by the masses of thepeople, --then will they become unfit for liberty; base and sensual, theywill be loathed and despised; the moral Governor of the world willassert his sovereignty, and will visit a worthless and ungrateful racewith the yoke of bondage, the scourge of anarchy, or the besom ofdestruction. 

FOOTNOTES:

[Footnote 281: A more venal and almost more desirable fault can scarcelybe ascribed to a governor than a strong attachment to the people whom heis sent to govern. --_Coleridge's friend_, vol. 3, p. 325. ]

[Footnote 282: It is very difficult to make the mass of mankind believethat the state of things is ever to be otherwise than they have beenaccustomed to see it. I have very often heard old persons describe theimpossibility of making any one believe that the American colonies couldever be separated from this country. It was always considered as an idledream of discontented politicians, good enough to fill up the periods ofa speech, but which no practical man, devoid of the spirit of party, considered to be within the limits of possibility. There was a periodwhen the slightest concession would have satisfied the Americans; butall the world was in heroics; one set of gentlemen met at the Lamb, andanother at the Lion: blood and treasure men, breathing war, vengeance, and contempt; and in eight years afterwards, an awkward lookinggentleman in plain clothes walked up to the drawing-room of St. James's, in the midst of the gentlemen of the Lion and Lamb, and was introducedas the _ambassador from the United States of America_. --_Works of SidneySmith, Vol. III. , p. 336. _

"If you are told of the existence of discontent in any of your colonialpossessions, do not believe it; and if any application be made to youfor the redress of the grievances of any of your colonial possessions, reject the prayer at once; for if you grant that, you may be asked forsomething more. Redress no grievance, lest it should lead to a petitionfor the removal of another cause of complaint. Believe only the accountswhich reach you from governors, and others officially connected withyour colonies; and treat any statements in opposition to their accountsas the invention of demagogues, whom you should hang if you could catchthem, and thus tranquillize the colony. "--_Franklin. _]

[Footnote 283: "Just before I embarked at Plymouth, I visited mygrandmother, in order to take leave of her for ever. Poor old soul! shewas already dead to the concerns of this life: my departure could makebut little difference in the time of our separation; and it was of noimportance to her which of us should quit the other. My resolution, however, revived for a day all her woman's feelings: she shed abundanceof tears, and then became extremely curious to know every particularabout the place to which I was going. I rubbed her spectacles whilst shewiped her eyes, and, having placed before her a common English chart ofthe world, pointed out the situation of New Holland. She shook her head. 'What displeases, you, my dear Madam P' said I. 'Why, ' she answered, 'itis terribly out of the way; down in the very right-hand corner of theworld. ' The chart being mine, I cut it in two through the meridian ofIceland, transposed the parts laterally, and turned them upside down. 'Now, ' asked I, 'where is England P' 'Ah, boy, ' she replied, 'you may dowhat you like with the map; but you can't twist the world about in thatmanner, though they _are_ making sad changes in it. '"--_A Letter fromSydney; the principal town of Australia. Edited by Robert Gouger_, 1829. ]

[Footnote 284: United States Returns, 1791. Population. 3, 921, 352; revenue, $4, 771 000; exports, $19, 000, 000; imports, $20, 000, 000. --_Tomlins' Historyof America. _]

[Footnote 285: At the close of the first year of our existence as a goldproducing country, the mind naturally pauses and contemplates the past, the present, and the future--to those who look upon this land as theirhome and the scene upon which their children and children's children areto play their part, the year 1851 will ever be one of deep and solemninterest; the events have been of the most startling character, and itsresults no human intellect can fathom. The first hour of the presentyear was ushered in by a brilliant sun which rose above the horizon inall its majesty, shedding its gladsome rays over a happy and aprosperous people--every heart was gay--every industrious hand wasemployed, and our future prospects were as cheering as the most ardentmind could have desired. Our great staple was rapidly increasing, andhad even then become an export which commanded the attention of theBritish nation. Our tallow was of considerable value--our copper mineswere presenting indications of richness--our pastoral and agriculturalinterests were flourishing, and it was evident to all, that we must atno very distant period become a great and prosperous colony. In fact itcould have been almost impossible to suggest a discovery that could addto our importance; but before this memorable year had half sped itscourse, a colonist returned from San Francisco, impressed with thesimilarity that existed between the geological formation of this landand that in which he had been sojourning, and determined to bring it tolight if possible. No sooner was he on shore than he set boldly out onhis great expedition, notwithstanding the ridicule of his friends, whopromised him disappointment for his reward. What wonderful events havefrequently sprung from simple causes! Our mountains and glens had beenvisited by scientific men of several nations, but they had failed totrace anything beyond mere indications. Such, however, was not the casewith Edward Hammond Hargraves, who, after spending a few weeks in thebush, announced to his brother colonists that their hills and valleyscontained in rich abundance the precious metal by which the commerce ofthe world is carried on. All honor be to the man whose keen observationhas brought into practical operation so vast a gold field for theemployment of British labour and British capital. May he enjoy not onlythe reward which conscience yields to those who perform a good action, but may his merits be duly appreciated by an Australian public, and thatappreciation assume a form that shall descend from father to son, aslong as the name of Hargraves exists! Such an addition to our alreadydeveloped colonial resources cannot fail to add materially to ourposition, and raise us, in an incredibly short space of time, from asmall colony into a noble and powerful nation. Our vast interior will bespeedily populated; Britain will be relieved of her starving thousands;and Australia will stand prominently forward as the brightest jewel inHer Majesty's Crown. --_Lloyd's Gold Circular. _]

HISTORY OF TASMANIA. 

ALPHABETICAL ACCOUNT OF CHIEF PLACES. 

LIST OF CHIEF PLACES. 

The island of Tasmania is situated between the 40th and 44th parallelsof south latitude, and between the 144th and 149th degrees of eastlongitude. Its greatest length is 190 miles, and its breadth, 170. Itcontains 24, 000 square miles, or 15, 000, 000 acres, having a surfacenearly equal to that of Ireland. Its general character is mountainous, with numerous beautiful valleys, rendered fertile by numberless streamsdescending from the hills, and watering, in their course to the sea, large tracts of country. The south-western coast, washed by the SouthernOcean, is high and cold, but the climate of the northern and inlanddistricts is one of the finest in the temperate zone, and produces inabundance and variety all the fruits which are found under the samelatitude in Europe. The harbor of Hobart is one of the finest in theworld. The principal rivers are the Derwent, Ouse, Clyde, Jordan, Coal, Huon, and Dee, in the south; and the Tamar, North and South Esk, Macquarie, Lake, Mersey, Leven, Arthur, Blyth, Forth, and Meander, inthe north. The chief bays are Adventure Bay, in Bruni Island, so namedafter Captain Furneaux's discovery ship, and where Cook anchored in histhird voyage; Fortescue, Port Arthur, Fredrick Hendrick's (so named byTasman), Prosser's, Spring, Oyster, and George's Bays, and the Bay ofFires, on the eastern coast; Storm Bay (so named from the weather whichTasman experienced there), Bad Bay (in Bruni Island), Recherche (namedafter the ship in which D'Entrecasteaux sailed in search of La Perouse), Esperance (after the ship which accompanied the admiral), and PortDavey, on the southern coast; Macquarie Harbor, on the western; PortSorell, Port Frederic, Emu Bay, and East and West Bay, at Circular Head, on the northern coast. The principal capes are Cape Grim, thenorth-western and most northern extremity of the island, in lat. 40° 47'S. , and long. 144° 50' E. ; Cape Portland, the north-eastern point; St. Helen's Head, the most easterly point, in long. 148° 25' E. ; South Cape, in lat. 43° 35' S. ; and West Cape, in long. 144° 40' E. ; St. Patrick'sHead, Cape Pillar, and Cape Lodi, on the eastern coast; Tasman's Head, Cape Raoul, and South-west Cape, on the south; Rocky Point, Point Hibbs, and Cape Sorell, on the west; and Rocky Cape, Circular Head, Table Cape, and Stony Head, on the north. The settled part of the island is dividedinto eleven counties, --three northern, Devon, Dorset, and Cornwall; fourmidland--Westmoreland, Somerset, Glamorgan, and Cumberland; and foursouthern--Kent, Buckingham, Pembroke, and Monmouth; each having an areaof 1, 600 square miles. These counties are subdivided into hundreds andparishes, the former containing 100 and the latter 25 square miles. Tomost of these divisions, as well as to the fifteen electoral districts, British names have been given. The island is also divided into nineteenpolice districts, each having a resident police magistrate, chiefconstable, police clerk, and deputy registrar of births, deaths, andmarriages. In the country districts, the police magistrates act ascoroners, and in the districts of New Norfolk, Richmond, Oatlands, Campbell Town, Longford, Horton, and South Port, as commissioners of thecourt of requests. In the first five of these districts they are alsodeputy chairmen of courts of quarter sessions. The chief and bestconstructed road in the island is that which connects the towns ofHobart and Launceston. It is 121 miles in length, and 30 years werespent in its construction. The population, according to the census takenon 1st March, 1851, is 70, 130; of this number 30, 488 are free, 21, 590were born in the colony, and the remainder are prisoners of the crown. The number of places of worship in the colony is 108, containing about23, 000 sittings; the number of ordained ministers is 100; there are alsomissionaries, lay preachers, and other persons, who supply the remotestations. Of Sunday schools belonging to all denominations there areabout 60; of public and denominational schools, 74; of private schools, about 100; besides these, there are a high school, and an episcopalcollege and two grammar schools. The total number of schools is above300. Of the public schools, 10 are wholly, and the remainder partlysupported by voluntary contributions. There are 109 public institutionsof various kinds, inclusive of 2 local and 2 English banks, 2 banks forsavings, 4 joint-stock companies, and 3 English and 4 local insuranceoffices. Of these societies 10 are literary and scientific (including 2mechanics' institutes, with large libraries, and a school of arts), 17are agricultural and horticultural, 14 charitable, 9 missionary andreligious instruction, 6 benefit, 10 temperance, 7 masonic and oddfellows, and 10 miscellaneous, including a mercantile assistants'association, a turf club, and united service club. Excepting 12, whichare partly supported by government, the whole of these institutions aremaintained by voluntary subscriptions. The number of houses is 11, 844, of which 5, 723 are of stone or brick, and the remainder of wood. Thenumber of acres under cultivation is 177, 600; the number of horses, 17, 200; of cattle, 85, 490; of sheep, 1, 752, 900. The number of vesselsbelonging to the colony is 240, besides vessels under 40 tons, and theircollective tonnage 18, 500 tons. There are four northern and two southernlight-houses, and about twenty vessels are employed in the whalefishery. 

_Abercrombie_--a township in the parish of Abercrombie and county ofSomerset. 

_Adamson's Peak_--a mountain in the south-eastern corner of the island, said to be 4, 000 feet high. 

_Alarm_--a river which falls into Bass' Strait on the western side ofRocky Cape. 

_Altamont_--a village on the Derwent, 20 miles from Hobart. 

_Andover_--a village on Little Swan Port River, in the parish ofBrisbane and county of Somerset, about 50 miles from Hobart. 

_Antill Ponds_--so called by Governor Macquarie, in honor of MajorAntill of the 48th regiment--a district in the county of Somerset, 60miles from Hobart, the road to which passes through it. There is a poststation here. 

_Apsley_--a river in the county of Glamorgan, falling into Oyster Bay. 

_Apsley_--a township in the parish of Apsley and county of Monmouth, about 40 miles from Hobart. 

_Arthur_--a river, flowing into the sea on the western side of theisland, about 30 miles south of Cape Grim. It receives in its course thewaters of the Hellyer, Horton, Frankland, and Leigh rivers. 

_Arthur's Range_--a chain of mountains in the south-western part of thecolony. The most elevated point is 3, 900 feet above the sea. 

_Arve_--a branch of the river Huon. 

_Asbestos_--a range of hills extending inland from Port Sorell, in thecounty of Devon. Some of the elevations are 1, 700 feet high. 

_Auburn_--a village on the Isis, in the parish of Hill and county ofSomerset. It is about 10 miles from Campbell Town, 40 from Launceston, and 75 from Hobart. Not far from Auburn is the remarkable hill calledJacob's Sugar Loaf. 

_Avoca_--a township in the parish of Avoca and county of Cornwall, nearthe confluence of the St. Paul's and South Esk rivers. It is 99 milesfrom Hobart, 62 from Launceston, and 19 from Campbell Town. It is on theroad from Campbell Town to the east coast, and contains a smallepiscopal church (St. Thomas') and school, a post and police station, and two inns. The police magistrate holds a court at Avoca once in aweek. At the entrance of the township the St. Paul's river is crossed bya small substantial stone bridge of one arch. 

_Bagdad_--a small township in the parish of Strangford and county ofMonmouth. It is on the main road, 20 miles from Hobart. The country nearBagdad is fertile, and the road passes by numerous farms. On thenorthern side is a beautiful valley, the cultivated part of which is twomiles wide, bounded by lofty hills thickly wooded, and through whichflows the Bagdad Creek. 

_Barrow_--a lofty hill, about 13 miles east of Launceston. 

_Bayford_--a village in the parish of Spring Hill and county ofMonmouth, about 40 miles from Hobart. 

_Bellerive_--a township nearly opposite Hobart, in the parish ofClarence and county of Monmouth. 

_Ben Lomond_--a mountain in Cornwall, 5, 000 feet high, about 45 milesfrom Launceston, and 15 from Fingal. A rivulet of the same name riseshere, and falls into the South Esk, about 30 miles from Launceston. About 15 miles north of this mountain is Ben Nevis, 3, 900 feet high. During winter these elevated points, which are named after celebratedmountains of Scotland, are covered with snow, and seen from a distance, they present a magnificent appearance. They form parts of a chain ofmountains extending inland from St. Patrick's Head to the northerncoast. 

_Beverley_--a township on the Ben Lomond Rivulet, in the parish ofBeverley and county of Cornwall, about 30 miles from Launceston. 

_Bishopsbourne_--a village in Westmoreland, about 8 miles from Longfordand 26 from Launceston. It contains a post station, an inn, and aschool. Christ's College is situated here. 

_Boobyalla_--a small river in the county of Dorset, flowing intoRingarooma Bay, in the north-eastern corner of the island. 

_Bothwell_--a town in the parish of Grantham, and county of Monmouth, 44miles from Hobart, and 104 from Launceston. It is situated on theeastern side of the Clyde, in the midst of a level and excellentpastoral country, well watered. There are a church, (occupiedalternately by English and Scotch congregations), a church of Englandday school, a library society, three inns, some small shops, a policeoffice, and post station in the town. It has a resident assistant policemagistrate. The population of the town and police district is 1, 045; thenumber of houses 200, of which 72 are of stone or brick. 

_Boyd_--a small river on the western side of the island, falling intothe Gordon. 

_Blackman's River_--a stream which rises in Somerset and falls into theMacquarie, about 4 miles south of Ross. 

_Blythe_--a river rising in Devon and falling into Bass' Strait, about 5miles east of Emu Bay. 

_Break o'Day_--a stream watering plains of the same name, in thesouth-eastern part of the county of Cornwall. It joins the South Eskabout 6 miles east of Fingal. The country here is from 500 to 800 feetabove the sea, and is well adapted for grazing purposes. 

_Bridgewater_--a village and post station on the Derwent, in the parishof Wellington and county of Buckingham, 12 miles above Hobart. TheDerwent, which is about three-quarters of a mile in width at this place, is crossed by a bridge of wood, which forms a part of the main road fromHobart to Launceston, and is said to be the largest work of the kind inthe Australian colonies. The river is spanned to a length of 2, 300 feetby an earthen causeway, and the length of the bridge from the end ofthis to the northern shore is 1, 010 feet, with a breadth of roadway of24 feet; the whole length of the work being 3, 310 feet, or nearlythree-quarters of a mile. The navigation of the river is preserved bymeans of a moveable platform near the northern shore. The timber wasprocured from Mount Dromedary, 7 miles from the bridge, which was begunin January, '48, and opened in April, '49. The cost was £7, 580. 

_Brighton_--a town in the parish of Drummond and county of Monmouth. Itis on the eastern side of the Jordan, on the main road, 17 miles fromHobart, and 104 from Launceston. The country around Brighton iscultivated and fertile, and was early occupied. On the right is a branchroad to Jerusalem and Jericho, districts on the Coal River. On the leftis the district on the Jordan, called the Broadmarsh. Brighton has aresident magistrate, a post station, several inns, small stores, andretail shops. The church (St. Mark's) and police office are atPontville, near the town. The population of the town and police districtis 2, 582, and the number of houses 427, half of which are of stone orbrick. Brighton is also an electoral district, for which John Walker, Esq. , is the first member. 

_Brown's River_--a stream rising near Mount Wellington, and falling intothe Derwent about 10 miles below Hobart. The land on its banks isfertile, and is divided into many small farms. There is a village andpost station here, 8 miles from Hobart, containing an episcopal churchand day school, and a Wesleyan chapel. This district is celebrated forthe fineness of its potatoes. 

_Brumby's Creek_--a small stream rising among the Westmorelandmountains, and joining the Lake River, about 12 miles south of Longford. Several streams rising near the Western Lagoon fall into it. 

_Bruni_--an island lying between D'Entrecasteaux Channel and Storm Bay, at the entrance of the Derwent. It was named after the French admiralwho discovered it. It is about 50 miles long, and varies in breadth from4 to 15 miles. It consists of two parts, connected by a long and narrowneck of land. There are a township called Lonnon and several farms inthe northern part of the island, and in most of the bays many fine kindsof fish are found in abundance. There is a light-house on Bruni Head, the south-western point of the island, and off one of the southern capesis a remarkable rock, closely resembling in its form the pedestal andshaft of a monumental pillar. 

_Buckingham_--a southern county and electoral district. Hobart is inthis county. R. W. Nutt, Esq. , is the first member for the district. 

_Buckland_--a village at Prosser's Plains, in the county of Pembroke, onthe eastern coast, 34 miles from Hobart and 155 from Launceston. It hasan episcopal church, and a police and post station. The assistant policemagistrate of the district holds a court here once in a week. 

_Buffalo Brook_--a beautiful stream rising under Ben Lomond, and joiningthe South Esk near Eastbourne. 

_Burford_--a village in the parish of St. Alban and county ofCumberland, about 60 miles from Hobart. 

_Burgess_--a township at Port Sorell, in the county of Devon, on thenorthern coast, 157 miles from Hobart and 60 from Launceston. It has aresident police magistrate, a small episcopal church and school, and apost station. 

_Burghley_--a village on the Leven, near the Surrey Hills, in the countyof Devon. It is on the road through the western district, about 60 milesfrom Launceston. The Van Diemen's Land Company has a station here. 

_Burnham_--a village in the parish of Cambridge and county of Monmouth, about 40 miles from Hobart. 

_Cam_--a river rising in the Hampshire Hills, and falling into Bass'Strait a few miles west of Emu Bay. 

_Campbell Town_--a town in the parish of Campbelton and county ofSomerset, 89 miles from Hobart, and 42 from Launceston. It is situatedin a level pastoral country, on the Elizabeth River, and the main roadfrom Hobart to Launceston passes through it. The town consists chieflyof one long street, in which are four large inns, a brewery, somestores, small shops, and an assembly room. There are in the town anepiscopal and presbyterian church (St. Luke's and St. Andrew's), aWesleyan Chapel, and schools. The river is crossed by a bridge orcauseway, 200 yards long, and on the southern side are numerous finefarms. The road to Avoca, Fingal, and the eastern coast here branchesoff from the main line. In the town there are also a gaol and police andpost offices. There is a resident police magistrate. The population ofthe town and police district is 2, 319, and the number of houses, 255 ofwhich are of stone or brick, is 386. Campbell Town is also an electoraldistrict. It is considered to be the middle district of the colony, andthe Midland Agricultural Association originated here. R. Q. Kermode, Esq. , is the first member for Campbell Town. 

_Carlton_--a village and post station on the stream of that name, in theparish of Carlton, and county of Pembroke, about 35 miles from Hobart. The Carlton falls into North Bay, below Pittwater. 

_Carrick_--a township and post-station on the west bank of the Liffeyand western road, in the parish of Carrick and county of Westmoreland, 113 miles from Hobart and 10 from Launceston. The Liffey is crossed by abridge at the township. There are a small episcopal church and dayschool, a mill, a brewery, and three inns. Annual races are held nearthe township. 

_Catemara_--a small stream falling into Recherche Bay, in the county ofKent. 

_Circular Head_--a bold promontory, 500 feet high, forming part of asmall peninsula in the north-west corner of the island, about 30 mileseast of Cape Grim. It is seen at sea at the distance of 10 leagues. Itis 280 miles from Hobart, and 160 from Launceston, and here the westernroad terminates. The town of Stanley, which stands on the eastern side, contains an episcopal church, a Roman catholic chapel, a post station, acustom-house, three inns, and some substantial buildings. It has also abenevolent society, and schools. There is a resident police magistrate. The Van Diemen's Land Company has an extensive establishment here, and aconsiderable trade is carried on between the settlers in theneighborhood and Victoria, to which large quantities of timber, potatoes, and other produce grown on the fertile farms on the coast, areshipped in small vessels belonging to the port. The town and district ofStanley have greatly advanced during the last ten years, under theintelligent management of Mr. Gibson, the company's agent. The failureof the previous management may be traced to those general causes whichhave always prevented the success of similar companies, when they haveattempted cultivation and grazing. Mr. Gibson urged upon the company theimportance of establishing a tenantry, and succeeded in attracting aconsiderable rural population by offering advantageous terms to smallfarmers. The arrangements made with them, from the depression of prices, proved unfavorable to the company, but the prosperity of their tenantshas probably firmly fixed a population on their estates, which willultimately indemnify them for all their losses. Occupying a geographicalposition highly favorable to trade, and in the vicinity of extensiveforests of valuable timber, there can be no doubt that within a fewyears their settlements will become of great importance. Within a fewhours' sail of Port Phillip and South Australia, their timber will findan increasing market, and enable their settlers to turn to good accountwhat often elsewhere proves an incumbrance. The population of thedistrict, which is called Horton, is about 900, and the number of houses137. 

_Clarence Plains_--a cultivated and fertile district on the east bank ofthe Derwent, nearly opposite Hobart. It contains the villages ofRokeby, Kangaroo Point, and Bellerive. 

_Cleveland_--a village in the parish of Cleveland and county ofSomerset, on the main road, 91 miles from Hobart, and 30 fromLaunceston. There are a small chapel, two inns, a post and policestation, with a district constable. The police magistrate of CampbellTown holds a court here once in a week. A branch road to the easterncoast breaks off at the township, and Epping Forest is a short distanceon the Launceston side of it. The country near Cleveland consistschiefly of grazing farms. 

_Clyde_--a river which divides the county of Monmouth from Cumberland, and falls into the Derwent above the township of Macquarie, about 40miles from Hobart. It waters, together with the Dee, Ouse, Shannon, andJordan, a fine district of the same name. 

_Coal River_--a stream rising in the northern part of the county ofMonmouth, and falling into the bay of Pittwater, at Richmond. TheWallaby and Kangaroo rivers fall into it. 

_Cocked Hat Hill_--a name given to a hill on the side of the main road, 8 miles from Launceston. A fine view of the Tamar is obtained from itstop. There are a post and police station, a small church, and an inn inthe village at this place, where the roads to Perth and Evandaleseparate. 

_Colebrooke_--a village in the parish of Ormaig, and county of Monmouth, about 30 miles from Hobart. It has a small episcopal church and school. 

_Cornwallis_--a village in the parish of Cornwallis and county ofSomerset, about 80 miles from Hobart. 

_Cornwall_--a northern county and electoral district. Launceston is inthis county. J. W. Gleadow, Esq. , is the first member for the district. 

_Cullenswood_--a small village and post station at St. Paul's Plains. Ithas a small episcopal church. 

_Cumberland_--a midland county and electoral district. Bothwell is theprincipal town. W. S. Sharland, Esq. , is the first member for thedistrict. 

_Deloraine_--a township and post station on the Meander, in the parishof Calstock, and county of Westmoreland, 132 miles from Hobart, and 30from Launceston. It contains a small episcopal church and a Wesleyanchapel, and three inns. There is a police station with a districtconstable, and the assistant police magistrate of Westbury holds a courttwice in a week. About 15 miles from Deloraine, in the WesternMountains, are situated the great caves, which, in extent and beauty, perhaps equal subterranean wonders of more celebrity. They have notoften been visited; but those who have seen them describe them as beingextremely grand and beautiful. The entrance of the principal cave, whichis considerably more than two miles in length, is in the limestone rock, at the upper extremity of a narrow ravine, down which flows the streamwhich issues from the mouth of the cave, and extends throughout itswhole length. The opening is thirty feet high, and fifty or sixty inwidth. At a considerable distance from the entrance light is admitted bytwo openings in the roof, the only ones throughout the whole extent ofthe cave, and when these are passed the full beauty of the scene breaksupon the view of the visitor. Stalactites of every form, hang likeicicles from the roof; some presenting the appearance of inverted cones, others that of glistening semi-transparent tubes, about the thickness ofa pipe stem, and several yards in length. In some parts, thestalactites, meeting with their opposite stalagmites, form pillars inappearance supporting a roof of immense height. In other places theyassume the form of elegant and flowing drapery thrown over the hugerocks that project from the sides of the cavern. The fringes of thisdrapery, when struck by any hard substance, give forth a ringing sound, and every variety of note, high or low, according to their respectivelengths. The floor is covered with stalagmites of every form, and itsparkles as if paved with diamonds. If the visitor extinguish his torch, myriads of glow-worms are seen to cover the roof and walls, emitting afaint blue light, and making the surrounding stalactites appear likespectres in the gloom. As the spectator proceeds, new objects of wonderappear. In some places the stalactites, shooting out in all directions, into innumerable small fibres, appear like fret-work along the roof; inothers like masses of elegant drapery, extending fold above fold, to theheight of thirty or forty feet, from the floor to the roof. Near theentrance of the cave they are of a grey or brownish color, but in theinterior they are of a pure white. There are several chambers, some ofgreat beauty, which branch off from the main passage, and have beenformed by the rivulet which passes through the cave. Others willprobably yet be discovered in the Western Mountains. 

_Denbigh_--a township in the parish of that name, and county ofSomerset, on the Lake River, about 80 miles from Hobart. 

_D'Entrecasteaux_--the name of the channel between the main land andBruni Island, so called after the French admiral who first sailedthrough it. A small river of the same name flows into Recherche Bay. Onthe western side of the entrance of the channel is the reef on which the_Acteon_ was wrecked, in 1822. 

_Derwent_--a river which rises at Lake St. Clair, in the westernmountains, and flows through the county of Buckingham, which is wellwatered by it and its numerous tributaries. The land on the banks of theDerwent is fertile, with occasional tracts well adapted for grazing andpastoral purposes. In the upper Derwent there is a fall of somemagnificence, and the scenery on the banks of the river is various andbeautiful. The Derwent receives in its course the waters of the Dee, (flowing from Lake Esk) Clyde, Jones, Ouse, Styx, Plenty, and Thames. From its source to Hobart it is about 70 miles long, and to its entranceat Storm Bay 85 miles. 

_Devon_--a northern county. 

_Douglass_--a river in Glamorgan, on the eastern coast. Excellent coalis procured in its neighborhood. 

_Dulcott_--a township in the parish of Forbes, and county of Monmouth, about 60 miles from Hobart. 

_Eastbourne_--a township in the parish of Eastbourne, and county ofCornwall, near the South Esk. 

_East Grinstead_--a township in Somerset, about 80 miles from Hobart. 

_Ebrington_--a township in Cumberland. 

_Elderslie_--a village near the Jordan, in the parish of Wallace andcounty of Monmouth, about 40 miles from Hobart. 

_Eldon_--a range of hills on the western side of the island, southwardof the river Macintosh. 

_Emu Bay_--a harbor on the northern coast, about 45 miles west of theTamar heads. The Van Diemen's Land Company has an establishment at EmuBay, and there is also a police and post station and an inn. The road toCircular Head passes by the bay. The country here abounds with timber, of which large quantities are exported. A stream called the Emu fallsinto the bay. 

_Enfield_--a township in the parish of Staffa and county of Monmouth, about 20 miles from Hobart. 

_Esperance_--a harbor on the south-eastern coast, into which falls ariver of the same name. 

_Evandale_--a town in the parish of that name and county of Cornwall, 115 miles from Hobart and 11 from Launceston. It is prettily situatedon the eastern side of the South Esk, and contains several substantialbrick buildings, three large inns, and a steam flour mill. It has aresident magistrate and a post station. There are two well-built, neat, and commodious churches (episcopalian and presbyterian), a Wesleyanchapel, and a good subscription library. 

_Evercreech_--a township in the parish of that name, and county ofCornwall, about 120 miles from Hobart. 

_Exeter_--a village on the west bank of the Tamar, about 15 miles belowLaunceston. 

_Falmouth_--a township near St Patrick's Head, in Cornwall, on theeastern coast, 141 miles from Hobart and 104 from Launceston. There is apost station here and an inn. The produce of some of the farms on thecoast is forwarded to Hobart by sea from this place. 

_Fingal_--a township in the parish of Fingal and county of Cornwall, onthe southern side of the South Esk. It is 100 miles from Hobart and 70from Launceston. The road from Campbell Town to the east coast passesthrough it. On the banks of the Esk in this district are many finefarms, as well as tracts of pasture land. There is a resident policemagistrate and a post station at Fingal, and two inns. There are 877persons in the township and district, and 134 houses. About 11 milesbeyond Fingal the road has been carried with immense labor, to adistance of 5 miles round the face of a high, rocky, and almostperpendicular hill, called St. Mary's Pass. On one side the hill towersabove the traveller, and on the other he sees a precipice of manyhundred feet. Gold has been discovered in the neighborhood. 

_Forth_--a fine river in Devon, falling into Bass' Strait, between theMersey and the Leven. 

_Frankland_--the name of a range of hills on the western side of theisland. A mountain called the Frenchman's Cap, 3, 800 feet high, is nearthis range. 

_Franklin_--a township on the river Huon, in the county of Buckingham, about 28 miles from Hobart and 149 from Launceston. It has an assistantpolice magistrate, an episcopal church and school, and a post station. 

_Franklin_--a village on the main road, 117 miles from Hobart and 3 fromLaunceston. It contains a small church, an excellent private school, andtwo inns. About half a mile on the south side of the village there is asubstantial stone bridge crossing a deep ravine. 

_George Town_--a town in the parish of George Town and county of Dorset, 153 miles from Hobart, and 32 from Launceston. It is situated on theshore of a small bay of the Tamar, about 4 miles from the entrance. Itwas originally intended to fix the northern head-quarters at GeorgeTown, but the scarcity of water, and some other local disadvantages, caused the abandonment of the plan. The town is now chiefly suppliedfrom Launceston, many inhabitants of which resort to it as a summerresidence. It contains a small church, a school, three inns, and has aresident magistrate and a post station. The population of the town anddistrict is 601, the number of houses 115. There is a road to GeorgeTown down the eastern side of the Tamar, but communication is chieflycarried on by water.... Outward-bound vessels waiting for a fair windusually anchor off George Town, where there is a convenient bay. 

_Glenorchy_--a township and post station in the parish of Glenorchy andcounty of Buckingham, 7 miles from Hobart, near New Town. 

_Gordon_--a river on the western coast. It passes through a wild andromantic country, and falls into Macquarie Harbor. 

_Great Swan Port_--a bay on the eastern coast. A river of the same namefalls into it. The district has a police magistrate, an episcopal and apresbyterian church, and a post station. The population of the town anddistrict is 1, 684, and the number of houses 274, 105 being of stone orbrick. 

_Green Ponds_--a district and township 29 miles north of Hobart, on themain road. It is situated in a fine valley, at the southern entrance ofwhich is Constitution Hill. There is a church (St. Mary's) and school, acongregational chapel, two inns, and a police and post station. Theassistant police magistrate of Brighton holds a court at Green Pondstwice in a week. 

_Grindlewald_--a township in the parish of Denbigh and county ofSomerset, about 80 miles from Hobart. 

_Hadspen_--a village on the Westbury road, in the parish of Launceston, 128 miles from Hobart. There is a small church, a Wesleyan chapel, aninn and a post station. The South Esk is crossed by a wooden bridge atthis place. 

_Hamilton_--a town on the Clyde in the parish of Hamilton and county ofMonmouth, 43 miles from Hobart and 93 from Launceston. There is a church(St. Peter's) and school, two inns, and other buildings in the township, which has also a resident police magistrate and a post station. Thepopulation, including that of the district, is 1, 415, and the number ofhouses 281. 

_Hobart_--in the parish of Hobarton, and county of Buckingham, is thechief town of the colony, and is in lat. 42°. 53'. S. , and long. 147°. 21'. E. It was named after Lord Hobart, once secretary for the colonies;and stands on the shores of Sullivan's Cove, about 15 miles from theentrance of the Derwent. It is finely situated on a rising ground, andcovers a surface of nearly two square miles. On the western side it isbounded by a range of wooded hills, with Mount Wellington, a snow-cappedmountain, 4, 000 feet high, in the back-ground. On the southern side ofthe harbor there are many beautiful residences, and, on a commandingeminence, fine military barracks. Close to the harbor, on the westernside, stands the government-house, an extensive range of woodenbuildings, erected at different times. Mulgrave Battery is on thesouthern side of the harbor. The streets are regular and well made; andmany of the buildings--some built of freestone--are commodious andhandsome. The wharves are extensive and well constructed, and are linedwith numerous large stone warehouses and stores. St. David's church is alarge well-built brick edifice, in the Gothic style, stuccoed, and wellfitted up. The court house, nearly opposite the church, is a large stonebuilding, containing various offices. The hospital and prisoners'barracks, on the north-eastern side, are extensive buildings. The policeoffice is a substantial edifice. The female factory and orphan schools, a short distance from the town, on the western side, are commodiousbuildings. The commissariat stores, the treasury, the bonded stores, thecustom-house, and other public buildings are built of freestone. Thelegislative council chamber is included in the custom-house. On thenorth side of the harbor are situated the engineer stores and othergovernment buildings. On this side also is the government domain, alarge open piece of ground, used as a place of amusement and exercise. The magnetical observatory is erected here. Many of the shops are largeand handsome. Besides St. David's (the cathedral church), there arethree handsome episcopalian churches--Trinity, St. George's, and St. John's. There are two presbyterian churches--St. Andrew's and St. John's--both commodious buildings--one Roman catholic church, twoWesleyan chapels, three congregational churches, a baptist chapel, afree presbyterian church, and a synagogue. There are four banks and abank for savings, three local and two English insurance companies, anda company to establish steam communication with the adjoining colonies. The educational establishments are the High School and Hutchins' School, besides private schools. The public institutions are the Mechanics'Institute, the Tasmanian Society of Natural Science, the Royal Society, the Public Library, Gardeners' and Amateurs' Horticultural Society, St. Mary's Hospital, Dispensary and Humane Society, Dorcas Society, HebrewBenevolent Institution, Asylum for the protection of destitute andunfortunate females, Branch Society for Promoting Christian Knowledgeand for the Propagation of the Gospel, Auxiliary Bible Society, WesleyanLibrary and Tract Society, Society for the Propagation of the Gospel inForeign Parts, Auxiliary London Missionary Society, Wesleyan MissionarySociety, Colonial Missionary and Christian Instruction Society, InfantSchool, Auxiliary of British and Foreign School Society, WesleyanStrangers' Friend Society, Sunday School Union (including eightschools), three Masonic Lodges, Masonic Benevolent Fund, threeOdd-fellow's Lodges, with Widows' and Orphans' Funds attached, Independent Order of Rechabites, Hibernian Benefit Society, fourTemperance Societies, Society of Licensed Victuallers, Choral Society, Mercantile Assistants' Association, Turf Club, Bathing Association. There are a wet dock and a patent slip, and 170 vessels belonging to theport, their collective tonnage being 14, 640. The population is 23, 107, and the number of houses 4, 050; 2, 932 of which are of stone or brick. Five bi-weekly newspapers and a Government _Gazette_ are published inHobart. T. D. Chapman, Esq. , and J. Dunn, jun. , Esq. , are the firstmembers of council for the city. 

_Huon_--a river which falls into the sea about 30 miles below Hobart. Atits mouth there is a pretty island of 300 acres, also called Huon. Onthe northern side of the river, about 5 miles from the entrance, thereis a beautiful bay, named by the French discoverers the Port of Swans. The banks of the stream are finely wooded, and the timber, of whichimmense quantities are cut, is of great value. Fine spars forshipbuilding purposes are found here, as well as the mimosa bark. Shipsof considerable tonnage can ascend the river for a distance of manymiles. In the upper part of the river grows the valuable pine, to whichthe name of the district has been given. Many of the trees attain to agigantic size, and some have measured ninety feet in circumference. Thedistrict contains on the banks of the Huon many fine farms, and thepopulation is 2, 988; the number of houses, 570. Richard Cleburne, Esq. , is the first member for the district. 

_Hythe_--a township at South Port, a harbor on the western side ofEntrecasteaux's Channel. The township stands on the South Port river, which falls into the bay, and is about 50 miles from Hobart. 

_Ilfracombe_--a village on the west bank of the Tamar, 25 miles fromLaunceston. 

_Invermay_--a village near Launceston, on the road to George Town. 

_Isis_--a beautiful river in Somerset, falling into the Macquarie, about6 miles north of the village of Lincoln, which, with Auburn, stands onits banks. 

_Jericho_--a township and post station on the Jordan, in the parish ofSpring Hill and county of Monmouth, 43 miles from Hobart, and 78 fromLaunceston. On the southern side is the district called Lovely Banks. 

_Jerusalem_--a township in the parish of Ormaig and county of Monmouth, 28 miles from Hobart, near the source of the Coal River. A policemagistrate's court is held here once in a week, and there is a poststation. An episcopalian clergyman is stationed at this place, andministers of other denominations occasionally officiate in the district. 

_Jordan_--a river flowing from a lagoon near Oatlands, and falling intothe Derwent at Herdsman's Cove. It passes by Brighton. 

_Kangaroo Point_--a village on the eastern side of the Derwent, oppositeHobart. A police magistrate's court is held there twice in a week, andthere is a post station, a chapel, and a school. After crossing theDerwent, the road from Hobart to Richmond and Sorell begins at thisplace. 

_Kelso Bay_--a small bay on the western side of the Tamar, oppositeGeorge Town. There are several marine residences on its shores. 

_King_--a small river rising near Mount Sorell, on the western side ofthe island, and falling into Macquarie Harbor. 

_Kingston_--a town at the entrance of Brown's River, about 10 milessouth of Hobart, and 130 from Launceston. It has an episcopal church andschool, and a post station. 

_Lakes_--In the south-eastern part of the county of Westmoreland layseveral large lakes, --Great Lake, Crescent Lake, Arthur's Lake, LakeSorell, and Lake Echo. The first has a circumference of about 90 miles;the others vary from 10 to 30 miles round. They are situated on highland, amidst magnificent and picturesque scenery. They are frequented byinnumerable quantities of black swans, and game of every kind, and largeflocks of kangaroos and emus are found in their vicinity. 

_Lake River_--a considerable stream which rises among the lakes in thesouth-eastern part of Westmoreland, and joins the South Esk at Longford. 

_Launceston_--in the parish of Launceston and county of Cornwall, is thesecond town of the colony, and is in lat. 41°. 24'. S. , and lon. 147°. 10'. E. It stands at the confluence of the North and South Esk rivers, which here discharge their waters into the Tamar. It is 121 miles fromHobart, and 40 from the sea at Port Dalrymple. On the east and west itis bounded by hills, and on the north stretches the valley of the Tamar. The town is well laid out, and viewed from the hills which overlook it, or from the Tamar, it has a picturesque appearance. The wharves, whichafford accommodation to vessels of large tonnage, extend along the riverwhich forms the northern boundary. Farther up are numerous spaciousstores and other commercial buildings. There are two large episcopalianchurches, a handsome presbyterian church, a Roman catholic church (allbuilt in the Gothic style), a Wesleyan chapel, two congregationalchapels, a free church, a baptist chapel, and a synagogue, all neat andcommodious buildings. The court house, the gaol, the house ofcorrection, female factory, and several other government establishments, are large and well-built. Many of the shops, offices, inns, and privatebuildings are of considerable size and respectable appearance. On thehill which bounds the town on the eastern side, and commands a splendidview of the town and river, are many private residences and gardens. There are four banks, four insurance offices, three printingestablishments, and two bi-weekly newspapers. The principal publicoffices are the police office, the custom-house, the post office, andthe port office. The population of the town is 10, 855, the number ofhouses, 2, 181; 798 of which are of stone or brick. There are anepiscopal grammar school, a Wesleyan day school, an infant school, threeepiscopal day schools, a catholic school, seven Sunday schools, andnumerous private schools. The public institutions, besides the banks andinsurance offices, are a mechanics' institute and reading room, alibrary society, several circulating libraries, two horticulturalsocieties, a benevolent society, auxiliary bible society, two masoniclodges, odd fellows society, rechabite society, and a teetotal society. There are 70 vessels belonging to the port, their collective tonnagebeing 8, 564 tons. There is also a floating dock. Richard Dry, Esq. , thehon. The speaker of the Legislative Council, is the first member for theelectoral district of Launceston. 

_Leipsic_--a township in Cornwall, at the St. Paul's River. 

_Leven_--a river which rises near Mount Gipps in the county of Devon, and falls into Bass' Strait, about 10 miles east of Emu Bay. 

_Liffey_--a small stream in Westmoreland which falls into the Meander orWestern river, a short distance north of Carrick, which stands on itsbanks. 

_Lincoln_--a village in Somerset at the junction of the rivers Macquarieand Isis, about 95 miles from Hobart, and 30 from Launceston. Itcontains an inn and a few houses. 

_Little Swan Port_--a boat harbor at Oyster Bay, on the eastern coast. Astream of the same name falls into it. 

_Llewellyn_--a small village in Somerset, on the road from Campbell Townto the eastern coast, near the South Esk. 

_Longford_--a town prettily situated at the junction of the rivers Lakeand South Esk, in the parish of Longford and county of Westmoreland, 115miles from Hobart, and 14 from Launceston. The population of the townand district is 3, 829, and the number of houses 595, half of which areof stone or brick. It has a resident police magistrate, (who is alsodeputy chairman of quarter sessions and the court of requests, ) apostmaster, and other officers. It contains a neat episcopal church, built in the Gothic style, several schools, a Wesleyan chapel, a courthouse and gaol, several large inns, a brewery, a mill, and manysubstantial buildings. Longford is also an electoral district, for whichJoseph Archer, Esq. , is the first member. 

_Macquarie_--a river which rises in the northern part of the county ofMonmouth, and flowing through Somerset, by Ross and Lincoln, joins theLake after receiving the waters of the Elizabeth, Blackman's, and Isis. The district through which the Macquarie flows, is one of the finest inthe island, and on its banks are the residences of numerous settlers. Onthe eastern bank, about five miles from Campbell Town, there is apresbyterian church, having a resident minister. There is also a poststation. 

_Macquarie Harbor_--a large bay on the western coast, into which fallthe rivers King and Gordon. There was once a penal settlement here, butit has long been abandoned. The country along this part of the coast, and to a considerable distance inland, has not yet been opened up, andis little known. It is high, and in some places rocky and mountainous. Pine of good quality is procured in the neighbourhood. 

_Macquarie Plains_--a district in Cumberland, on the northern side ofthe Derwent. It contains several sheep and agricultural farms, and thevillage of Macquarie, 39 miles from Hobart, which contains a church andpost station. 

_Maitland_--a township on the Isis. 

_Maria Island_--(so named by Tasman), an island off the eastern coast ofthe county of Pembroke, about 7 miles from the main land. A narrow sandyisthmus connects the northern and southern parts of the island, and hason its western side Oyster Bay, and on the eastern Reidle Bay. Thescenery is romantic and picturesque. The northern and southern coastsare high and rocky. In the northern part there is a remarkable mountain, 3, 000 feet high, on the summit of which are two rocks projecting oneabove the other, called the Bishop and Clerk. The base is composed ofpetrified shells. Near here on a small stream is the penal settlement ofDarlington, at which are several government buildings, the residences ofa commandant, magistrate, religious instructors, and other officers, anda post station. 

_Marlborough_--a village in Cumberland, near the Ouse. The assistantpolice magistrate of Hamilton holds a court here, and at the bridge onthe Ouse once in a week. 

_Meander_--a small stream which rises in the western mountains, and, passing Deloraine, falls into the South Esk at Hadspen. The Dairy, Quamby, and Liffey rivulets fall into it. 

_Mersey_--a considerable river in Westmoreland, which rises in thewestern mountains, and falls into Bass' Strait, about 10 miles west ofPort Sorell. Its mouth forms a small harbour, called Port Frederic. There is a village called Frogmore at this place, where timber is cutand exported. Coal has been found in the neighbourhood. 

_Montague_--a small stream falling into Bass' Strait, in the north westcorner of the island. 

_Morven_--a northern electoral district. It consists of agriculturalfarms, and Evandale is the chief town. The town and district contain2, 311 inhabitants, and 372 houses. James Cox, Esq. , is the first memberfor the district. 

_Mountains_--The principal mountains are the western range inWestmoreland, of which the highest point is Quamby's or Dry's Bluff, 4, 590 feet above the sea; a high rocky range in Cornwall, of which BenLomond and Ben Nevis are the highest points, and the Eldon range. Arange extends along the western coast, and another farther inland, ofwhich the highest points are the Frenchman's Cap, 3, 800 feet above thesea; Mount Arrowsmith, east of the former, 4, 075 feet high; MountHumboldt, 5, 520 feet; Cradle Mountain, 4, 700 feet. St. Valentine's Peak, on the Van Diemen's Land Company's estate, is 4, 000 feet high; MountWellington, near Hobart Town, 4, 195 feet. 

_Neville_--a township in the parish of Abergavenny and county ofCumberland, on the Clyde. 

_New Norfolk_--a town in the parish of New Norfolk and county ofBuckingham, on the Derwent and Lachlan rivulet, 21 miles from Hobart, and 119 from Launceston. It has a resident police magistrate and postmaster, and contains an episcopal church (St. Matthew's) and school, aWesleyan chapel, and another place of worship, a police office, agovernment house, an asylum for insane persons, and several inns. Thepopulation of the town and district is 2, 226, and the number of houses, 389. The district contains several fine farms. Coaches run daily to NewNorfolk from Hobart, and communication between the two places is alsocarried on by means of boats on the Derwent. New Norfolk is also anelectoral district, for which M. Fenton, Esq. , is the first member. 

_Newtown_--a town in the parish of Hobart and county of Buckingham, 2miles north of Hobart, and 119 from Launceston. It contains an episcopalchurch (St. John's) and school, a handsome congregational chapel, theQueen's orphan schools, two inns, a post station, and several handsomeprivate residences. 

_Nile_--a small river which rises near Ben Lomond and falls into theSouth Esk, about 10 miles south of Evandale. 

_Nive_--a river which forms the western boundary of the county ofCumberland, and falls into the Derwent. 

_Norfolk Plains_--a fine district in the north-eastern part ofWestmoreland, between the rivers Lake, South Esk, and Liffey. Itconsists chiefly of small agricultural farms, and contains the towns ofLongford and Carrick, and the villages of Bishopsbourne and Cressy. Cressy is on the estate of the Van Diemen's Land Establishment, and hasa small episcopal church, a Wesleyan chapel, and an inn. 

_North Esk_--a river which rises in the Ben Lomond range, in the easternpart of the county of Cornwall, and falls into the Tamar at Launceston. The St. Patrick's river, a small stream, falls into it. 

_Oatlands_--a considerable town in the parish of Oatlands and county ofMonmouth, 51 miles from Hobart, and 70 from Launceston. It contains anepiscopal (St. Matthew's) and Roman catholic church, a Wesleyan chapel, several schools, a gaol, police and post offices, a military station, several inns, and other large buildings. It has a resident policemagistrate, and courts of request and quarter sessions are held in thetown. The supreme court sits twice in a year. The population of the townand police district is 1, 873, and the number of houses 279. Oatlands isalso an electoral district, for which H. F. Anstey, Esq. , is the firstmember. 

_Orielton_--a village in the parish of Sorell, and county of Pembroke, on the eastern side of Pittwater Bay. 

_Ouse_--a considerable river which rises in the western side of thecounty of Westmoreland, and falls into the Derwent in the southern partof Cumberland. At the bridge on the upper part of the river, there is avillage, containing a church and school house, and a post and policestation. The assistant police magistrate of Hamilton holds a court hereonce in a week. 

_Oyster Bay_--a harbor on the eastern coast. The rivers Swan and LittleSwan Port and other streams fall into it. The road from Prossor's to St. Paul's Plains is along its western side, and on the eastern side isShouten's Island, where coal of good quality is procured. The bay hasseveral boat harbors. There are several farms on the western side. Thereis a bay of the same name on the western side of Maria Island. 

_Patterson's Plains_--a district in Cornwall, lying south-west ofLaunceston. It is watered by the North Esk, on which are two flourmills, and a bridge. The district has a small episcopal church andschool, and a Wesleyan chapel. 

_Pedder_--a lake and river on the western side of the island, namedafter the Chief Justice. 

_Perth_--a town on the northern bank of the South Esk, in the parish ofPerth and county of Cornwall, 110 miles from Hobart, and 11 fromLaunceston. It has an episcopal church and school, a Wesleyan chapel, three inns, and a police and post station. The South Esk is crossed atthis place by one of the best stone bridges in the island. 

_Picton_--a township in the parish of Dysart and county of Monmouth. 

_Piper's_--a small river in Dorset, which falls into Bass' Strait, nearStony Head. 

_Plenty_--a small stream in Buckingham, falling into the Derwent aboveNew Norfolk. 

_Port Arthur_--one of the penal settlements on Tasman's Peninsula. 

_Port Dalrymple_--the entrance of the Tamar, so called by CaptainFlinders, in honor of the hydrographer to the admiralty. 

_Port Davey_--a large harbor, lying on the south-western coast. 

_Ramsgate_--a village on the shore of D'Entrecasteaux's channel, inKent. 

_Richmond_--a town at the mouth of the Coal River, in the parish of Ulvaand county of Monmouth, 15 miles from Hobart, and 100 from Launceston. It contains an episcopal and a catholic church, a congregational chapel, a police office, post station, a gaol, and court house, and severalinns. It has a resident police magistrate, and the population of thetown and district, which consists of farms, is 3, 144, and the number ofhouses 545, nearly half of which are of stone or brick. The Coal River, which here falls into the bay of Pittwater, is crossed at the town by anexcellent stone bridge of six arches. Richmond is an electoral district, for which T. G. Gregson, Esq. , is the first member. 

_Risdon_--a village at Clarence Plains, nearly opposite Hobart. There isa ferry at this place, which was the site of the first settlement in thecolony. 

_Rochford_--a township in Cumberland. 

_Ross_--a township on the Macquarie, in the parish of Ross and county ofSomerset, 73 miles from Hobart, 47 from Launceston, and 6 from CampbellTown. It contains an episcopal church and school, a chapel, a police andpost station, and two inns. The police magistrate of Campbell Town holdsa court here once in a week. There is a bridge across the Macquarie atthis township. The district is chiefly agricultural. 

_Rugby_--a township on the Derwent, in the parish of Sutherland andcounty of Buckingham. 

_Shannon_--a river which rises at the Great Lake in Westmoreland, andfalls into the Ouse. 

_Shepton Montacute_--a township in Monmouth. 

_Sidmouth_--a village on the west bank of the Tamar, about 20 milesfrom Launceston. There is a presbyterian church here, and a residentminister. 

_Sorell_--a town in the parish of Sorell and county of Pembroke, 23miles from Hobart, and 144 from Launceston. It has an episcopal church(St. George's) and school, a presbyterian church, a police and postoffice, and other public buildings. There is a resident policemagistrate. The population of the town and district is 3, 354, and thenumber of houses 370. A small stream falls into the bay of Pittwater, close to the town. The district is electoral; Askin Morrison, Esq. , isthe first member. 

_South Esk_--a considerable river which rises in the eastern part of thecounty of Dorset, and after a circuitous course, in which it passes thetowns of Fingal, Avoca, Evandale, Perth, and Longford, falls into theTamar at Launceston. About half a mile from the place where it joins theTamar, the river forms a considerable basin, surrounded by lofty hills, and having a water-fall at the upper part. A few yards lower down, thereis another cataract--one of the most magnificent in the island--and theriver continues its course to the Tamar between two high and almostperpendicular hills. Along one of these hills a wooden aqueduct iscarried, which conveys water to turn a mill and supply the town. Theriver is crossed here by a ferry, which leads to the road down thewestern side of the Tamar. The view up the Esk at this place is one ofthe most picturesque in the colony. 

_South Port_--a harbor on the western side of D'Entrecasteaux Channel. 

_Styx_--a branch of the river Derwent in Buckingham. 

_Summerleas_--a township in the parish of Kingborough and county ofBuckingham. 

_Swansea_--a township in Glamorgan on the western side of Oyster Bay, 74miles from Hobart, and 194 from Launceston. It has a police and poststation. 

_Tamar_--a fine river in Cornwall, at the head of which stands the townof Launceston. It is navigable from its entrance to the town--aboutforty miles--for ships of 600 tons, and is of considerable width--insome places of three miles. At the wharves at Launceston the tide risesfrom twelve to fourteen feet. On the banks of the river are some goodfarms, and the scenery is generally picturesque. 

_Tasman's_--a large peninsula forming the south-eastern part of thecounty of Pembroke. There is a smaller one, called Forrester's, betweenit and the main land. Tasman's Peninsula has several fine bays, andcontains some penal stations. 

_Tenby_--a township at Spring Bay in the county of Pembroke. 

_Tierney_--a township in the Lake River. 

_Trent_--a small river in Devon, which falls into Bass' Strait, nearRocky Cape. 

_Triabunna_--a village at Prossor's Bay. 

_Tunbridge_--a town in the parish of Maxwell and county of Somerset, afew miles south of Ross, on a small stream called Blackman's River, which falls into the Macquarie. 

_Victoria_--a village on the river Huon. 

_Westbury_--a town in the parish of Westbury and county of Westmoreland, 140 miles from Hobart, and 20 from Launceston. It has a resident policemagistrate, a postmaster, and other officers, and contains an episcopalchurch and school, a Roman catholic church and school, a Wesleyanchapel, and three inns. The town and district has a population of 2, 842, and 420 houses. William Archer, jun. , Esq. , is the first member for theelectoral district. 

_Windermere_--a village on the eastern bank of the Tamar, about 15 milesfrom Launceston. It has an episcopal church and a mill. 

_Wye_--a branch of the Swan Port River. 

TASMANIA:PRINTED BY J. S. WADDELL, LAUNCESTON. 

 * * * * *

NOTES AND ERRATA. 

Transcriber's Note: the following errata have been corrected in the textabove. 

 Page 14. Black Tom, executed, was not the murderer of Mr. Osborne, but a servant of Mrs. Birch of the same name. 

 Page 27, for "north-east belonging, " read "north-west. "

 Page 71, for "1839, " read "1830. "

 Page 71, for "Oyster Bay, " read "Oyster Cove. "

 Page 90, for "Monododo, " read "Monboddo. "

 Page 92, for "aborigina, " read "aborigine. "

 _Note_, page 101. Conditional servitude, under indentures or covenants, had from the first existed in Virginia. The servant stood to his master in the relation of a debtor bound to repay the cost of his emigration by employing his powers for the benefit of his creditors--oppression easily ensued. Men who had been transported to Virginia at the expense of £10, were sometimes sold for £40 or £50, or even for £60. The supply of white servants became a regular business, and a class of men, nick-named "spirits, " used to delude young persons and idlers into embarking for America as to a land of plenty. White servants came to be a usual article of traffic. They were sold in England to be transported, and in Virginia, were resold to the highest bidder. In 1672, the average prices for five years service when due, was about £10. --_Bancroft_, vol. I. P. 175. 

 "The Scots, whom God delivered into your bands at Durbar, whereof sundry were sent here, we have been desirous as we could, to make their yoke easy. Such as were sick of the scurvy or other diseases, have not wanted physic and surgery. They have not been sold for slaves, to perpetual servitude, but for six, or seven, or eight years, as we do our own; and he that bought the most of them I hear, buildeth for every four of them a house, and layeth some acres of ground thereto, which he giveth them as their own, requiring them three days of the week to work for him by turns, and four days for themselves, and promises as soon as they can repay him the money laid out for them, he will set them at liberty. "--_Letter to Cromwell, by Mather Cotton: Carlyle's Letters and Speeches_, vol. Ii. P. 349. 

 Page 102. "I beseech your Majesty that I may inform that each person will be worth ten pounds, if not fifteen pounds a-piece. And, sir, if your majesty orders that as you have already designed, persons that have not suffered in the service, will run away with the booty. "--_Letter from Jefferies, Sep. , 1685. _

 "Take all care they continue to serve for ten years at least, and that they be not permitted in any manner to redeem themselves by money or otherwise until that term be fully expired. Prepare a bill for the assembly of our colony, with such clauses as shall be necessary for this purpose. "--James II. Letters (countersigned by Sunderland) to the Governor of Virginia, Oct. , 1685--_Bancroft_, vol. Ii. P. 25. 

 Page 102. "Good God! where am I? In Bristol! This city it seems, claims the privilege of hanging and drawing among themselves. I find you have more need of a special commission once a month at least. The very magistrates that should be ministers of justice, fall out with one another to that degree, that they will scarcely dine together, and yet I find they can agree for their interests if there be _a kid_ in the case, for I hear that kidnapping is much in request in this city. You discharge a felon or traitor, provided he will go to Mr. Alderman's plantations in the West Indies. "--_Jefferies Speech: Life of Lord Keeper Guilford, by Roger North_, vol. Ii. P. 113. 

 _Note_, page 121. A commission was appointed to enquire into those allegations, and their report fell into the hands of the author after the account of the _Amphitrite_ was printed. It does not appear, that the imputations of sordid calculation were well grounded, and no bond would have been enforced for an unavoidable breach of contract. 

 Page 148, for "_free_ women, " read "_freed_ women. "

 Page 149, for "_Macarthur's New South Wales_, " read "_Mudie's Felonry_. "

 Page 151, for "12, 000, " read "1, 200 houses. "

 Page 155, for "regarded by, " read "appeared to. "

 Page 166. Rev. S. Marsden. A pamphlet was published by Mr. Marsden, called _A Statement Relative to Illegal Punishment_ (1828). A warrant to this effect was produced:--"Sitting magistrates--Henry Grattan Douglas, Esq. , and Rev. S. Marsden. James Blackburn, attached to the prisoners' barracks, ordered to receive twenty-five lashes every morning until he tells who were the four men in company with him gambling. " This warrant, Mr. Marsden declared a forgery. Other charges were made of the same character, but they were refuted by Mr. Marsden. He proved his absence from the bench when sentences of torture were passed. In the text there is an apparent leaning to the charge, but there appears no fair ground to reject Mr. Marsden's refutation, which is most decisive as to his own participation in this revolting practice. 

 Page 189, for "real name, " read "known name. "

 Page 271, for "primitive, " read "punitive. "

 Page 321, for "Report of Institutions, " read "Report of Hanwell Institution. "

 Page 335. The long delay in the publication of this work has given time for several important changes in the aspect of convict discipline. The local government of Van Diemen's Land, resolved in November, 1850, to restore the practice of assignment, and notices for this purpose were issued. 

 Thus the convict was bound to serve his master according to the duration of his sentence, and to accept such wages as the convict department might sanction. The object of this change was to reconcile the settlers to the continuance of transportation, by restoring an interest and authority which the probation system subverted. 

 The men who had been promised comparative liberty on their arrival, complained bitterly of this change, and claimed to work as free servants with masters of their own choice. Earl Grey expressed strong disapproval of this return to a system expressly repudiated by his party, and condemned by himself, and ordered the governor to compensate the men for breach of faith. August 4. 1851; No. 156. 

 The discovery of gold has altered the prospects of laborers. The amazing productiveness of the gold fields has withdrawn almost all good free labor from the colony. The active convict has the means of earning large wages, or of reaching the gold fields at an expense estimated at £5, including hush money. Thus the _Gazette_, from January 6, to March 30, 1852, shows the absconding of 492, and the arrest of 254. Yet many are not reported, and are therefore not included in these lists. 

 The incessant agitation of the colonies has produced considerable activity in the department, and external decency is respected. The more prominent establishments--both male and female, are creditably kept, and probably the internal evils are abated; and yet what can be hoped for men who, on their discharge from detention, recognise everywhere the associations and the haunts of convictism?