The History of Tasmania Volume I Part 30

The governor himself was adverse to the ticket system. The control exercised over the holders was limited to the most ineffectual and distant surveillance. They were free in reference to the colonists, and were subject to the same laws for the regulation of service.

Restrictions were imposed on their locomotion, but without much practical restraint. Sir William Denison now recommended to the secretary of state to send all convicts to New South Wales, where wages were high and labor scarce, until the colonies being equal, the market of Van Diemen's Land might again share in absorbing them. To this plan the colony would have been disposed to a.s.sent at this stage of the struggle. By most persons it was thought reasonable, on national grounds, that the theory of dispersion should be tried, wherever it might inflict no peculiar caste or moral stain. Mr. Sharland, a strenuous abolitionist, prepared a series of resolutions against the new form of convictism. The governor promised to support them in the nominee council, and they pa.s.sed unanimously (October, 1848). The first totally objected to the ticket system, as in the highest degree injurious to the convicts and the colony, and without advantage to Great Britain. The second recommended the dispersion of convicts throughout the colonies, accompanied by well-selected emigrants. The commentary of the governor explained these resolutions as a compromise between persons of adverse views. A large number of non-official magistrates--117 out of 140--signed the condemnatory clause only. They declined to countenance the revival of transportation, or, by discussing theories of secondary punishment, to weaken the moral claim held in the pledge of Earl Grey.

The increasing numbers of ticket-holders confirmed these objections.

They were landed, and forwarded in considerable bodies to seek employment in the interior. Their decent apparel and quiet demeanour made them less objects of aversion than pity. Unacquainted with colonial labor, they were often unable to procure employment. Amongst men of this cla.s.s many, of course, were disorderly and reckless, and when they were not readily relieved, they were insolent and threatening. They could, indeed, throw up their tickets, and claim food of the government, but only by a process which exposed them to censure and punishment.

"Unfortunate men," said the London Agency a.s.sociation, "unacquainted with useful labor, wander from farm to farm, asking for a night's shelter or a morsel of bread. The relief of these men by the settlers is prompted alike by their humanity and their fears."[257] These statements were disputed by the governor, but they were sustained by numerous certificates, and, in a form more qualified, by several police magistrates. In a lonely locality females could hardly refuse relief to applicants in parties, who pleaded the utmost want, and, when travelling over districts equal to an English county, depended on the charity of the settlers.

These appeals were laid before parliament; they rested their claims on the word and honor of the minister, and on the unaltered circ.u.mstances which he quoted to justify his original design of abolition. The pledge was confirmed by the long acquiescence of Earl Grey and the other ministers of the crown. Lord Mahon, a member of the late ministry, complained that Earl Grey had fettered not only himself but his successors. He confirmed the colonial interpretation of the pledge, "most imprudently given by Earl Grey, that transportation should not be resumed to Van Diemen's Land;" and he expressed an opinion "that it was most impolitic and perilous thus to make pledges to the colonists that were not fulfilled."[258]

During the same session Mr. Gladstone repeatedly referred to the purport of this abolition despatch, and urged the minister to extend as widely as possible the area of penal dispersion. He thought the policy of England less wise than in former times, when the numbers distributed in America were so small that they were lost in the ma.s.s of the population (March, '49). Lord John Russell, he observed, had given a pledge that transportation to New South Wales should be stopped. The same promise was made to Van Diemen's Land. Had these pledges been kept? Such vacillation was discreditable to the name of this great country (June, '49).

Earl Grey was still pressed by the reiterated appeals of Van Diemen's Land, and by imputations of having broken faith with its inhabitants.

The complaints of eminent commoners were renewed in the lords. He was reminded that his opinions in 1846 were at variance with continued transportation. Earl Grey demanded proof, when Lord Lyttleton held up his despatch, and referred to an opinion but a few days before avowed by Lord John Russell, that the time was at hand when a subst.i.tute would be necessary for transportation. Lords Wodehouse and Ilchester followed, and predicted a fearful recoil,--a severe and well merited retribution.

Lord Stanley reflected on the secretary of state for abandoning the remedial plans of his predecessor. "Expectations," he said, "had been held out to Van Diemen's Land, that transportation would cease, but that now it appeared that it was not to cease. What security had the n.o.ble lord that the colony would not resist the reception of convicts?" Lord Monteagle asked if it was possible to send them to Van Diemen's Land? To this Earl Grey replied that the colony was thriving, that the opposition to transportation had declined. Millions had been expended in preparing the country for convicts, and the free inhabitants could not expect that when they chose to call for cessation, the imperial policy was to be altered on their demand (April 12, 1850).

"I must notice," said Earl Grey, "the remarks of the n.o.ble lord at the table (Lord Lyttleton) and the n.o.ble lord opposite, (Lord Stanley) as to the effect of the earlier measures of the present administration in producing the difficulty which is now complained of. It is a.s.serted that the language used both in despatches and in discussions in parliament by members of her Majesty's government was calculated to create an impression on the minds of the colonists, that transportation was to be entirely discontinued, and thus to raise expectation, which it is painful now to disappoint. My lords, if that impression and these expectations were created, it was rather by what other parties represented to be the views and intentions of the government, than by anything which was said by members of the administration. I defy any person to read through the despatches upon this subject as a whole (for perhaps detached pa.s.sages taken without the contents might be quoted which would convey a different meaning), and not to perceive that the view entertained from first to last was, that convicts, after having undergone the most severe part of their punishment, were to be removed to the Australian colonies, and a very large portion of them to Van Diemen's Land. Undoubtedly it was the original intention of her Majesty's government that convicts should be removed as exiles; that is, under regulations by which on their arrival they would have been entirely free except as to the power of returning to this country." When his lordship was again taunted with the violation of his promise, he replied that Van Diemen's Land had no right to complain--colonies which had been founded as free colonies might do so; "but Van Diemen's Land had been originally intended as a penal settlement, and had no right to refuse to receive any number of prisoners the government choose to send, and that he (Earl Grey) was of opinion that the authority of the crown should be firmly a.s.serted."

Thus the hope of voluntary relief from Earl Grey was totally extinguished. He had before acknowledged that the claims of the colony were unsatisfied, and had given no distinct denial of the pledge; but his tone under these rebukes was authoritative and menacing. Pa.s.sing over all he had ever said in favor of dispersion, he adopted the sentiments, almost the words of Lord Stanley, delivered four years before, when that n.o.bleman defended the policy of transportation and denied the right of the colonists of Tasmania to complain.

The people of Van Diemen's Land, on receiving this speech, met in unusual numbers, and renewed their protests and pet.i.tions. They extended the leagues, started a year before, by Mr. Young, a Launceston mechanic, to discountenance the employment of convicts. These compacts contained various conditions, but they all proceeded on the presumption that pet.i.tions must be followed by action. They were, however, difficult to observe. It was not easy to distinguish the different orders of convicts and periods of arrival. The working-cla.s.ses, to whom the confederation was beneficial, taunted employers with inconsistency when they shrank from the unequal sacrifice. The governor himself described the opponents of transportation, who employed convicts, in terms of irony, and the press took up the reproach, and weekly reiterated the charge of "paltry tr.i.m.m.i.n.g between principle and expediency." By many hundreds the pledge was signed notwithstanding, and it was generally kept. Many tradesmen exhibited an example of self-denial and voluntary sacrifice to gain a public object worthy of praise.[259]

When the _Neptune_, rejected by the Cape, arrived in the Derwent, except Mr. Mitch.e.l.l, who was detained in bondage, the pa.s.sengers were pardoned (1850). The painful exhibition of ministerial contempt stung more than it injured the people of Tasmania, and they declared that nothing but want of power prevented them from chasing the vessel from their waters.

A solemn protest, addressed to the people of Great Britain, was signed by the chief merchants and landholders.[260] From this time the colonists continued to protest specially against the violation of public faith whenever a convict vessel anch.o.r.ed on their sh.o.r.es. Scarcely any form of remonstrance remained to be tried. For three years the colonists had repeated their pet.i.tions. The collecting of signatures in a scattered population was attended with much difficulty and expense. To stimulate and sustain hope through so long a struggle was the great task of the leaders of this movement. The parents--the women of Van Diemen's Land--the clergy, singly--all sects together and in their separate churches, kept up by pet.i.tions a constant fire. Such a topic could hardly be expected to fix the attention of the people of England, but it derived fresh importance from its complication with the fate of other colonies and the honor of Great Britain.

The discussion of transportation for several years annoyed and distressed respectable expirees, who, unless intelligent and just, were disposed to murmur at arguments which seemed to glance at themselves.

The caution and discrimination of the leaders of the movement could not always restrain the oratory of their friends, and many offensive metaphors or epithets dropped in the warmth of speaking, not in the circ.u.mstances to be justified. Stimulated by newspaper writers, certain educated emancipists of the metropolis proposed to form a "protection a.s.sociation" (October, 1850). In their manifesto they collected all the epithets calculated to wound the feelings of "their people," for so they called them, and drew out columns of "grievances"--in the mock sentimental style of pseudo martyrdom. "Such," said they, "is our truly melancholy condition: but the time has arrived to rescue our people."

"We know the silent grandeur of our strength." They proposed to put down the abolition press, to send emancipists to the Council, and to a.s.sert the majesty of their numbers against their emigrant oppressors. But, though encouraged by some old transportationists amongst the magistrates, and by the government press, the scheme was too monstrous for success. The respectable expirees stood aloof, and even detested an organisation founded on the reminiscences of crime. A few noisy meetings and inflammatory speeches were sufficient to open the eyes of most to the gulf of caste into which their own protectors intended to fling them. The deputations to the country districts were met in some instances coldly, and in others with laughter. Mr. Gregson went to the a.s.sembly at Richmond, and crushed their project by a calm exposition of its character. From this moment the Union languished, and soon disappeared, leaving a memorable warning against penal colonization and the creation of a caste embittered by ignorance and revenge.

It was, however, felt by the colonists that no expression of the public will would recall the minister to a sense of justice, or command the effectual protection of parliament. The measures adopted by the Cape were impracticable in Van Diemen's Land: if, indeed, consistent with loyalty, they were not proper in a country where the support of the law was necessary to restrain the convict population. Such a course was predicted and recommended by the English press, but the ministers, better informed, felt no danger of active or pa.s.sive resistance.

Whatever compa.s.sion might be felt for Van Diemen's Land in the adjacent colonies, hitherto its treatment by the minister had produced no demonstration in its favor. It had been held up as a warning to stimulate resistance to any partic.i.p.ation in its fate. The continental press pointed to its prostration with epithets of reproach, and it was described as the dust-hole of the empire. The sympathy of its neighbors was overpowered by the stronger feeling of self-preservation. It seemed like a mill-stone strung to the neck of the Australian world, and destined to drag it down to perdition. Under this impression they sought to impose restrictions on the migration of expirees and the holders of conditional pardons. The legislature of New South Wales pa.s.sed a vagrant act, which required such persons to register their names at the nearest police-office, within a given time after their arrival. Earl Grey disallowed this ordinance, at the recommendation of Sir William Denison, as not only in itself oppressive, but calculated to r.e.t.a.r.d dispersion, and counteract the royal prerogative. The great argument of the advocates for transportation in New South Wales was, however, founded on the impossibility of checking indirect transportation through Van Diemen's Land. Men landed in Tasmania, crossed over to Port Phillip, and were often traced by their depredations.

The sense of impotence is not the least painful element of unjust suffering. This weakness was the topic of exulting scorn with the few enemies of the popular cause. The people were without allies or protectors, and completely subject to a despotic will.

FOOTNOTES:

[Footnote 257: London Agency Letter, November, 1848.]

[Footnote 258: Debate, March 8, 1849. (Hansard.)]

[Footnote 259: Among the many devices to awaken attention to ministerial injustice was an a.s.sociation to obtain for liberated convicts, of the incorrigible cla.s.s, a pa.s.sage to England. The prospectus, signed by Drs.

Browne and Gaunt, turned back the British arguments for transportation with effect, and proposed to remit the objects of their charity to the reform societies, parishes, and munic.i.p.alities of England. This proposal was seriously discussed at Port Phillip, and nothing prevented its partial execution but the difficulty of preserving, with the ordinary arrangements of a vessel, the subordination of such a ship's company.]

[Footnote 260:

"_The solemn Declaration of the undersigned Colonists of Van Diemen's Land, addressed to the British nation._

"On the 5th day of April, 1850, the ship _Neptune_, the vessel freighted with convicts to the Cape of Good Hope, but rejected by its inhabitants, anch.o.r.ed in the port of Hobart Town, under the orders of the right honorable the secretary of state, Earl Grey.

"Our reiterated pet.i.tions presented to her Majesty's government have impressed the feelings of every cla.s.s upon the subject of transportation, and exhausted every argument which could enforce its abolition.

"The ministers of religion, the parents of 20,000 children, the magistrates almost unanimously, have in every form expostulated and implored; nothing that the const.i.tution authorises remains to be done to make known the most unhappy and oppressed condition of this country....

"We cannot resist the oppression of the British government. We are convinced that appeals to the justice and humanity of the ministry are utterly unavailing; and that the principles which have induced them to relieve armed or rebellious colonies, lead to the oppression or contemptuous disregard of those who are too feeble for effectual resistance.

"We have patiently awaited redress; we have borne illegal taxes, imposed by a council of crown nominees, and maintained by the amoval of _one_ judge and the appointment of another; and have appealed only to the provisions of the const.i.tutional law of England--but in vain.

"And now, to fill up the measure of our wrong, ministers have publicly announced their contempt for our pet.i.tions, by ordering the _Neptune_ to our port, and discharging her pa.s.sengers upon our sh.o.r.es.

"In such circ.u.mstances silence would be criminal. As citizens and parents we hereby solemnly protest against the cruelty and falsehood of the English government--against the wrongs which threaten and oppress ourselves and our children.

"Van Diemen's Land, April, 1850."]

SECTION V.

But the day of deliverance was at hand. "_The Australias are one_"

became the watch-word of the abolitionists, and they adopted decisive means to propagate the cry, and secure the co-operation of the colonies of the continent. From this idea sprang the "Australasian League"--an organization comprehending a numerical and moral force without parallel in the present colonial empire. At Launceston, on the 9th of August, 1850, the following resolution was adopted:--"That the whole of the Australasian Colonies are deeply interested in preventing the continuance of Transportation to this Island. That the Launceston a.s.sociation for Promoting the cessation of Transportation to Van Diemen's Land be hereby requested to address a letter to the respective Colonial Secretaries, Speakers of Legislative bodies, Munic.i.p.al authorities, and other influential parties in those Colonies, earnestly requesting the co-operation to ensure their attainment of the great object we have in view."

The feeling expressed in this resolution was instantly reciprocated in all the colonies. Speakers at their meetings referred to the condition and hopeless prostration of Van Diemen's Land as a general grievance. A letter, founded on this resolution, was drawn up by Messrs. West, Du Croz, and Douglas (dated August 26), under the instructions of the "Launceston a.s.sociation," the first formed in the colonies. It was signed by the chairman, Rev. Dr. Browne, senior-chaplain of Launceston.

After tracing the course of the British government, it proceeded:--"As a last resource we turn to our fellow-colonists who, united to us by the strictest ties, are liable to the same wrongs; and who will not be indifferent spectators of sufferings which they may ultimately share. If you look at the chart of Van Diemen's Land you will perceive her geographical position establishes a relation to the adjacent colonies which no laws can disown and no time dissolve. A few hours convey vessels from our sh.o.r.es to the ports of Victoria, New South Wales, and South Australia; and a few days' sail to New Zealand, and thence to the islands that crowd the Pacific Ocean. Her majesty's ministers have taught the communities established in this portion of the empire that their ultimate interests are ONE: that upon the public spirit, intelligence, and virtue of each, in no small measure, depend the happiness and prosperity of all. We remind you that, in twenty years from the present moment, should transportation continue, and the annual number remain stationary, 70,000 or 80,000 convicted persons will have pa.s.sed through Van Diemen's Land into the neighbouring colonies. They will consist of men not only originally depraved: all will have gone through the demoralizing probation of public gangs: they will all have dwelt, for several years, in exclusively convict society, where every prevailing sympathy must be tainted with the habits of crime. This island will not be a filter; but the acc.u.mulation of moral wretchedness will unavoidably contaminate every mind, and stamp on every character the impression of its peculiar const.i.tution. The sacrifice of this colony will not, therefore, exempt the neighbouring settlements from any portion of the mischief incident to direct transportation. They will receive the prisoners later in life, but deteriorated in character. Evil a.s.sociations and evil men become worse and worse: such is the dictate of reason, and such is the solemn warning written in the oracles of G.o.d.

If, then, your colony had cause to protest against the infliction of this evil in a limited degree, how much stronger must be your opposition to a system which will bring into your streets, your houses, your hospitals and prisons, the crime, insanity, decrepitude, and pauperism ever consequent on transportation, aggravated by transmission through a country in moral ruin. Were we to appeal to a principle of selfishness in addressing our countrymen, we might remind you that the reputation of this entire hemisphere is compromised by the condition of Van Diemen's Land. The nice geographical distinctions which colonists make are lost in the distance. As your vessels enter foreign ports, the line which divides your population from ours fails to distinguish them. We have heard with regret, and not without humiliation, that the British name, every where respectable until now, has ceased to insure to many, who have never forfeited its sanction, the common confidence of foreign nations. That a petty state, but of yesterday, has initiated laws intended to stigmatise all the inhabitants of the southern world, and attributing to the whole the character of convictism. A more serious consideration is the positive injury inflicted upon the islanders of the Southern Ocean by scattering among them desperate men who have been perfected in all the arts of wickedness, and who are placed within reach of an interesting and rising people, whom they too often shock by their vices and oppress by their crimes. We submit, sir, to your humanity as a British fellow subject, and to your discretion as a christian magistrate, the case of this country. In the mutation of human affairs, the arm of oppression, which has smitten us with desolation, may strike at your social well-being. Communities allied by blood, language, and commerce, cannot long suffer alone. We conjure you, therefore, by the unity of colonial interests--as well as by the obligations which bind all men to intercede with the strong and unjust on behalf of the feeble and oppressed--to exert your influence to the intent that transportation to Van Diemen's Land may for ever cease."

The colonial office at first did not deny, what indeed was unquestionable, that such hopes had been given, and not until twelve months after Lord Grey maintained that his discretion was not limited by his promise. Mr. Jackson again remonstrated with the minister on behalf of the colony. Earl Grey directed Mr. Hawes to a.s.sure him the government earnestly desired to meet the wishes of the inhabitants of Van Diemen's Land for the discontinuance of transportation (March, 17, 1849). The opinion of British legislators of high pretensions having confirmed the colonial interpretation, Earl Grey made another effort to recover New South Wales. He once more instructed Sir C. Fitz Roy to reopen the discussion (Nov. 19, 1849), and a message for this purpose was sent to the legislature (June, 1850). A new election meantime occurred, and the people, supposing the question irrevocably settled, had exacted no pledges from the members. Mr. Lamb, then a crown nominee, proposed (August, 1850), a series of resolutions confirming the previous decision, and declaring that tranquillity could only be restored by revoking "the order in council." The debate on these resolutions was postponed until the 27th of September, when it was understood counter propositions would be submitted.

The proposal to revive transportation in New South Wales was under discussion when the speech of Earl Grey's reached the colonies. The people were called together to consult on their own affairs and naturally turned to the policy of government as exhibited in Tasmania.

The resolution of the 9th of August obtained an immediate response, and gave a new aspect to the agitation. The great Sydney meeting (September 16) "pledged themselves to co-operate with their brethren in Van Diemen's Land;" and an a.s.sociation then formed for preventing the revival of transportation opened a channel of communication. The _Sydney Herald_, the chief organ of the abolition cause, remarked, "the best way of dealing with this and all other evasions is that suggested by the people of Van Diemen's Land, the formation of a great Australian confederacy" (September 16). The people of Port Phillip "tendered their deep sympathy and hearty concurrence and co-operation," and appointed a provisional committee to take such measures as might be deemed necessary to obtain complete redress. The unity of the colonies became thenceforth the favorite topic, and nothing remained but to give to this important sentiment a practical direction. Meanwhile (1st October), the council of New South Wales decided on the despatch of Earl Grey, so far as related to themselves. An amendment of Mr. M'Arthur, to receive selected exiles with three emigrants for each, although supported by the eloquence of Wentworth, was defeated, and Mr. Lamb's motion carried without a division. The abolitionists had made efforts to secure unexampled demonstrations without, and to determine the question for ever. They held meetings daily, and called into action all the agents of political agitation. The ladies imitated the mothers and daughters of Van Diemen's Land, and pet.i.tioned. The members on the popular side were encouraged by the countenance of the bishops and clergy of all persuasions. The judges gave the weight of their experience on the same side. Five hundred persons memorialised the council in favor of transportation. Thirty-six thousand protested against it. The Port Phillip members who went up to Sydney on this errand alone, to secure a majority of the side of abolition, were met by the citizens at the water side and escorted in triumph. The debates were more prolonged than any known before--Australian eloquence exhausted the topic, and satisfied the public judgment for ever. Mr. Wentworth in supporting the amendment yet declared his aversion to transportation, and his belief that nothing but a powerful confederation of the colonies would prevail against it.[261] The governor was neutral: the official members of the house withdrew: but the attorney-general rose from the deserted benches, and claiming to perform a duty as a citizen who had watched transportation in all its stages and results, gave an irresistible testimony on the side of social freedom.

A common interest in the liberation of Tasmania being thus avowed by the continental colonies, it became necessary to settle the principles of their confederation. The Rev. John West of Launceston, who had first mooted the measure, was deputed to consult with the colonists resident at Hobart Town. Meetings were accordingly held at the dwelling house of Mr. Hopkins of that city during several weeks, and the whole question of transportation in its colonial aspect was largely discussed. An impression seemed to prevail that the theory of dispersion, as originally propounded by Earl Grey, might have been beneficial to the empire and desirable for the convicts, and but slightly injurious to the colonies. It was clear, however, that the resolution of the free colonies was irrevocable, and that the continuance of transportation would pour an incessant and destructive stream of crime into Van Diemen's Land. Nor was it possible to make common cause with the adjacent communities but by supporting the object of their local resistance. Without reference to theories no longer practicable, an agreement was drawn up by Mr. Pitcairn, and signed by the gentlemen present, in the following terms:--"We the undersigned, deeply impressed by the evils which have arisen from the transportation of the criminals of Great Britain to the Australian colonies, declare that transportation to any of the colonies ought for ever to cease, and we do hereby pledge ourselves to use all lawful means to procure its abolition--Robert Pitcairn, Thomas D. Chapman, Henry Hopkins, G. C. Clarke, Joseph Allport, John West, F. Haller, G. W. Walker, William Rout, Henry Smith, P. T. Smith, Robert Officer."

Having thus secured concurrence in the object to be sought, the initiation of practical measures was remitted to the a.s.sociation of Launceston. At an adjourned meeting of that body, on 10th October, the secretary, Mr. Crookes, was instructed to propose a conference of delegates from each of the colonies, to be held at Victoria. This proposal was instantly adopted by the abolitionists of Melbourne: the mayor was requested to forward invitations, and to fix the time of meeting for January, 1851. The people of New South Wales and South Australia found it inconvenient to comply with this arrangement, but expressed the most cordial interest in its issue. The a.s.sociations of Hobart Town and Launceston selected, as their delegates, the Rev. J.

West and W. P. Weston, Esq., who, for some years, had been actively engaged in the struggle against transportation. A public breakfast was given by their const.i.tuents at the port of embarkation, at which Mr.

Sharland presided. The delegates explained their views. They were going forth to change the policy of a mighty empire. "We," said they, "a.s.sert that a community should deal with its own crime; at least, so deal with it that, in its disposal, it shall not injure those who have never offended,--so that, at least, the honest labourer shall not be brought into unfavorable compet.i.tion with the hardened criminal,--so that, at all events, our sons shall not be driven from their homes to seek employment in distant lands, there to meet suspicion and contempt." They disclaimed all intentions inconsistent with const.i.tutional loyalty, and all weapons but those of justice and truth. "We are a loyal people, and have given abundant proof of our loyalty, but it is not an unalterable principle. There is an old proverb: 'The sweetest wine makes the sourest vinegar.'" On the departure of the delegates (Jan. 15, 1851) they were attended by the Launceston a.s.sociation and a large concourse of people.

The vessels in the harbour were decorated with their colours, and the whole scene was imposing. Three cheers were given for the Australasian Conference, and three for the Queen. As the vessel moved from the wharf, the band struck up the air which well expressed the feelings of the moment--"Rule Britannia: Britons never shall be slaves." "In a few weeks," said a spectator, "the Australasian League will be a great fact--an epoch in the history of Australia. We have seen the beginning of the end."

When the delegates landed at Victoria they were warmly welcomed. An address was read and presented to them by the mayor, Mr. Westgarth, the member for Melbourne, Mr. Stawell, and other gentlemen of the a.s.sociation. "We bid you," said they, "G.o.d speed, in the high and holy mission on which you come. Rest a.s.sured that the colonists of Victoria will go with you heart and hand, and they will not cease their efforts until the emanc.i.p.ation of the Australian colonies from the oppression of British crime shall be fully accomplished." "You," said the delegates in reply, "can confer no greater honor on the province that bears the name of Victoria, than by initiating measures which may a.s.sure the Australian world that that ill.u.s.trious name shall everywhere be the guarantee of justice and truth." The delegates and the local a.s.sociation met in the town council chamber, and concerted the plans of future action. After several protracted sittings the terms of confederation were settled, and a "LEAGUE AND SOLEMN ENGAGEMENT" formed for the Australian world.[262]

This covenant bound the subscribers to reject convict labour afterwards arriving; to employ their powers electoral, official, and legislative, for the extinction of transportation; and to afford their utmost a.s.sistance to all who might suffer in the lawful promotion of the cause.

Another article, pledging non-intercourse with obstinate transportationists, was expunged on the motion of Messrs. West and Stawell, as scarcely within the range of moral force, and needless in the state of public feeling. To frame a confederation securing perfect independence of action in the separate colonies, and the effective co-operation of all, was a more difficult task. This, was, however, fully accomplished. The members, admitted by subscription alone, elected the provincial councils, who appointed their delegates. These formed the general conference. This body enacted the rules of united operation; they appointed an executive board to carry them out, and nominated gentlemen in London to direct operations in Great Britain. The local councils retaining control over the funds collected within their bounds were authorised to contribute for common purposes, and to appoint paid delegates to carry home their remonstrances to the English government and people. Such was the const.i.tution of the League, which may hereafter suggest the union of the colonies under the sanction of the crown. The delegates adopted addresses to the British and the Australian public. To the colonies they depicted the vast moment of this agitation, and invoked their instant and earnest aid, closing with these solemn appeals: "Ponder deeply, fellow colonists of Australia, the prospect that lies before you. Consider well the moral and even the merely economical relations of the question. Reflect on the subject of the administration of justice, not only with reference to its enormous expense, but also as to the social effect of the ceaseless and weary labours of our criminal courts. Reflect on the vast and gloomy gaols that must meet our eyes in a n.o.ble and fruitful land, where prosperity should have banished almost the remembrance of crime; on the arrays of our police that ever remind us of the noxious elements of our communities; and think, too, of our daily press that might edify a virtuous public by accounts of incessant progress and well doing, but which, faithful to the cause of truth, must ever teem with the harrowing evidence of the depravity of our fellow-beings. And again turn to the scene that so frequently closes upon the career of the convict. Consider the helpless pauperism of improvidence; const.i.tutions ruined by vice and profligacy; asylums and hospitals overflowing with degraded and wretched outcasts, descending to the grave without respect and without sympathy, quitting a world which they had only dishonoured and abused."

"In conclusion, fellow colonists, with reference to this momentous question, let us not argue with the home government either on the law of the case, whether that be with them or with us, or on the relative power of the contending parties. The accidents of law or force, whichever way they might prevail, can never remedy the social disorders we complain of. Let us then represent to the British government, to the British parliament, and to the British public, that in the present state and prospects of the world, it is a great moral obligation on the part of our parent state, not to eject her criminals into other societies already charged with their own, but to retain and manage them within herself."

In their address to the united kingdom they united remonstrance with warning: "We ask our fellow countrymen" said they, "to look at the map of the world; to measure the distance between England and her Australian dependencies; to mark their geographical relations with gigantic empires; and to estimate aright their future importance as elements of her wealth, greatness, and glory. If the colonists are compelled to own that their interests may be ruined by an official despatch--that their name and fame may be dishonoured, to relieve the gaols of Great Britain--if their youth cannot visit any country under an Australian flag without being made to feel that they were born in a degraded section of the globe, we are at a loss to imagine what advantages conferred by the sovereignty of Great Britain can compensate for the stigma of its brand."

"We address the words of supplication, not of threatening. A few short years, and that which is now a grievance will grow into a quarrel. By instant concession, an act of justice will become a monument of imperial clemency. But these colonies are solemnly pledged, each to the other, by their mutual interests,--their future destinies,--their fellowship of weal and woe,--and now by their League and Solemn Engagement, to achieve the freedom of their common country."

Having arranged the plan of action, the a.s.sociation convened a meeting of the Victorians. On the memorable 1st of February, 1851, the league was solemnly inaugurated, being signed by the Tasmanian delegates, and by the mayor, William Nicholson, Esq., William Westgarth, Esq., M.L.C., and Montgomery Bell, Esq., alderman, as delegates for Melbourne. This done, a banner of deep blue, spangled with the Southern cross, adorned with the national colors, and bordered with white on which the date of the confederation was traced in letters of gold, was unfurled and greeted with the loud acclamations of the a.s.sembly. A council of nine was afterwards elected by ballot, composed of the most eminent citizens, the mayor being president.[263]