The History of Tasmania Volume II Part 16

The most inflexible were some of the regiments stationed at Botany Bay--men, of course, who had uniformly shunned the society of gamesters, prost.i.tutes, and drunkards; who had ruined no tailors, corrupted no wives, and had ent.i.tled themselves, by a long course of solemnity and decorum, 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 and murder.--_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 in 1806, as 117, in 1817, at 92; but then he a.s.serts, that offences had increased, subject to summary jurisdiction, from 300 to 1,000, while the population (20,000) had only doubled. He was not, however, ignorant, that many of those offences were not such in law or morals, but merely violations of local regulations (_Wentworth_, 2nd edit.). The colonial convictions were, with few exceptions, of persons who had been transported before: of 116 persons for trial at Hobart (1821), 79 were then under sentence, and 37 expirees--the entire number.--_Bigge._]

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

[Footnote 134: _Edinburgh Review_, 1803.]

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

Such was the idea of the people on the spot; but Mr. Wilberforce observed, in the House of Commons, he was--"a man who acquired the admiration of all who knew his merits; a man who shone as a bright example to the moral world--who deserved the t.i.tle of a moral hero: who had overcome difficulties for the amelioration of his species, in the most unfavorable circ.u.mstances; which would always endear his name to the friends of humanity."--_Wentworth_, 3rd edit.]

[Footnote 136: "For my part, my only wonder is, that Mr. Redfern did not apply some degrading chastis.e.m.e.nt to the nose or breech of this cowardly Commissioner."--_Wentworth_, 3rd edit.]

[Footnote 137: Henderson, 1832.]

SECTION IX.

The duty of the Commissioner being discharged, it devolved on the home government to gather, from the ma.s.s of facts he acc.u.mulated, those which discovered abuses remediable, and to select for adoption the recommendations of their chosen councillor. The changes he advised amounted to a total revolution in the system, subject to his censorship; but so obstinate are evils, fostered by local interest and lengthened indulgence, that years elapsed before the effects of his influence were powerfully realised. He, however, secured for the exclusionists the recognition of their favorite principle, and not only were emancipists p.r.o.nounced ineligible for the future, but those already in the commission found it expedient to resign. Mr. Redfern was dismissed.

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

It may not be amiss to describe the career of an emancipist, of whose elevation Mr. Bigge remarks, "that it had been most strongly urged against Macquarie by his enemies, and most questioned by his friends."

This case (1810) formed the precedent for appointments from persons of his cla.s.s, and, as selected by Mr. Bigge, may be considered a specimen of the most objectionable. The facts of the Commissioner are all here embodied; his detracting tone is abated.

Andrew Thomson was a native of Scotland: his relations of that cla.s.s of traders, in their own country called merchants; who carry their goods from town to town. He was sixteen years of age on his arrival in the colony, and therefore, a boy of fourteen or fifteen when he forfeited his liberty. When free, he engaged in business as a retail shopkeeper, and traded to Sydney in boats built by himself: the defects of his education he partly cured by application, and acquired such knowledge as ordinary retail shopkeepers possess. He established a salt manufactory, a ship-building establishment, and it was _rumoured_, an illicit distillery. He was chief constable: kept a public-house--such was the common practice of traders. He acquired great influence among the settlers, by his forbearance and liberal credits; his business extended, and he became a considerable landholder. He supported the legal authority during the rebellion, and suffered for his loyalty; a just ground for the esteem of that Governor, who came to restore the authority of his sovereign. When an inundation of the Hawkesbury exposed the settlers to great suffering, he undertook their relief; supplied them with goods, and was happily a gainer by the risk which his humanity induced him to incur: so great was the importance of prompt exertions, he was permitted to employ both the men and boats, which were under his control as superintendent of convicts.

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

Mr. Thomson was admitted to the company of the Governor, and the parties of the military, who yet, it is said, were not pleased with the abrupt suppression of the absolute ban. He died within the year of his elevation to the bench. Governor Macquarie commanded an epitaph to be placed on his tomb, stating that "it was in consequence of his character and conduct, that he appointed him to the magistracy; and that, by the same act, he restored him to the rank in society he had lost." His death was regretted by his neighbours, who in a public address to his Excellency described him "as their common friend and patron." It must be added, he had partic.i.p.ated in some of those immoralities, which, in the time of the Prince Regent, dishonored the residence of kings; and he escaped that just reproach which could not be expected where the selection of mistresses was the prerogative of military command. Such is a fair statement of Andrew Thomson's character, as given by Bigge, without his reflections.

The disclosures of the Commissioner terminated the indulgences given to expirees, with such "unsatisfactory results." The small portion of land granted them, without great industry, was incapable of supplying their wants, and they were the pests of their neighbours; or, when they settled on allotments in town, they obtained materials from the royal stores by the a.s.sistance 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: rations of food and rum, double and triple; and the a.s.signment of men to earn wages, as the salaries of their masters, were gradually subst.i.tuted by payments in money. The small sums formerly allowed, were rather the wages of servants who live on their fees: by a casuistry, never long wanting to those who earnestly seek it, even men beyond the rank of overseers, persuaded themselves that the recognised stipends were never intended to be reckoned as payment.[139] The tender of these supplies was a source of profit to the officers; like the butlers of n.o.blemen, persons of the highest trust were not insensible to presents; and merchandise was accepted only when the "regulars" were duly paid. The waste of public property, occasioned by the system, was great. The loss and sacrifice of clothing and tools; the spoiling of food, and the wilful destruction of implements, proved how large may be the outlay of the crown, without much advantage to a colony. Years were required to reduce these evils; some of which are yet not unknown.

These were, however, small changes, compared with the total revolution in the spirit and details of convict management, suggested by the Commissioner. All those signs of advancement which he saw in the material state of the colonies, in connection with the objects of transportation, were anomalies in his eyes. He observed, that the prisoners were always anxious to reside in the towns, where they obtained, by casual labor, the price and opportunities of dissipation.

By a peremptory exercise of his authority, Mr. Bigge stopped some of the public works, and promoted the dispersion of those mult.i.tudes who were employed in the improvement of the capital.

The Commissioner, strongly impressed with the mischief incident to the congregation of prisoners in the presence of a free community, proposed several remedies. Among the most important was the establishment of settlements, purely penal, at Port Curtis, Moreton Bay, and Port Bowen.

These places were explored by Mr. Oxley, the surveyor-general of the colonies. Moreton Bay is situated 480 miles from Port Jackson: this region, watered by the Brisbane, unequalled for climate and soil in any part of the globe of the same lat.i.tude; adorned with trees of magnificent 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, and pines--cotton, tobacco, maize, the sugar cane, and all the ordinary productions of a tropical climate, are cultivated with success. The atmosphere is soft and salubrious: of 1,200 persons, afterwards stationed there, sometimes not more than ten were sick at once; and during seven years, one soldier only died.[141]

Such was the site chosen by Mr. Bigge; but he endeavoured to render it suitable, by suggesting a code of regulations, in which may be discovered the outline of several schemes, since claiming originality.

It was intended for those convicted of serious crimes, or such as committed offences in the colonies. The prisoners, two together, were to build their own huts; their sole implement the hatchet, and their material wood and nails: their only furniture, stools and bedding. Their labor graduated; from removing heavy weights, and sawing the hardest timber, to the easy occupation of the gardener, according to their behaviour or their crimes. They were to raise their own provisions, and the produce of their tillage for the crown, was to be sold in the colonies, and carried to the public account; except a sixteenth part, the moiety of which was to be paid to the commandant, and the rest proportionately to the overseers. No vessel, unauthorised, was to touch at the port: every precaution was projected to prevent escape, and the natives were expected to bring back, for rewards, such as might venture to stray. Every crime, short of murder, was to be punished on the spot.

No spirits were to be sold; no money circulated; no private speculations in produce permitted. The wives of prisoners, when suffered to join them, were to sacrifice all but the necessaries of life. From the chief settlement others were to branch off; fifteen miles distant from each other. A church, a school, a library, were to promote the reformation of the prisoners--an object to be considered paramount to every other. Such were the plans for a _City of Penitence_, projected by Bigge; and by which he expected, in several directions, to dispose of 4,000 prisoners.

It was his hope, that their labor would discharge the chief cost of their 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; or on extensive farms, where grain was grown for the royal stores. At Newcastle, on the Hunter River, were coal mines (1818), where those under colonial sentences, or those _guilty_ of experience in mining, were subjected to a more rigorous servitude. By an onward progress of the settlers, this station was less adapted for its purpose, and (1821) a second was provided at Port Macquarie, 175 miles north of Port Jackson. The increase of population soon rendered a further movement requisite: it was not, however, until 1824, that Surveyor-general Oxley completed his report of Moreton Bay: pioneers were forwarded, and at length 1,000 prisoners were employed in that remote region. The plan thus narrowed, only partially succeeded, and the numbers at last dwindled to 300 men: the Commissioner's idea, therefore, was never fairly tested. An organisation of several thousands in a city of penitence; under a discipline, which, while excluding the worst temptations of regular society, might preserve many of its elementary forms; managed by permanent officers, in number and gradation, sufficient to form and preserve the tone of a profession--is unfortunately still a speculation: nor is it yet safe to a.s.sume, that the failure of stations, exhibiting several features of the Commissioner's scheme, but excluding others not less important, is a conclusive argument against the original design.[142]

In this colony, a penal station was projected during the residence of Bigge. While he approved the object, he did not cordially concur in the selected locality: he remarked several of those obstacles to access, which were not compensated by the difficulties of escape. The punishment of colonial offences, when persons were already in bonds, was attended with some difficulty; the law not authorising additions to a sentence, except by a court of criminal jurisdiction, regulated by the forms, and bounded by the limitations of English statutes. To punish a misdemeanour, and sometimes even capital offences, the culprit was brought before a justice of the peace, and sent to a penal settlement for the remainder of his sentence. Thus a widely different penalty attended the different parties to the same crime: one would scarcely touch the place of his second exile, before the termination of his British sentence restored him to full freedom; another, perhaps a prisoner for life, would linger out his wretched existence in the place of his seclusion, forgotten.[143]

The name of _Macquarie Harbour_ is a.s.sociated exclusively with remembrance of inexpressible depravity, degradation, and woe. Sacred to the genius of torture, nature concurred with the objects of its separation from the rest of the world; to exhibit some notion of a perfect misery. There, man lost the aspect, and the heart of man!

Macquarie Harbour was explored by Captain Kelly, at the expense of a merchant whose name is borne by Birch's River, and that of his wife by Sarah 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 miles to its junction with Gordon River, where, diverging to the right, Sarah Island becomes visible--once the princ.i.p.al station, now deserted and desolate. This region is lashed with tempests; the sky is cloudy, and the rain falls more frequently than elsewhere. In its chill and humid climate animal life is preserved with difficulty: half the goats died in one season, and sheep perish: vegetation, except in its coa.r.s.est or most ma.s.sive forms, is stunted and precarious. The torrents, which pour down the mountains, mingle with decayed vegetable matter, and impregnated with its acids discolour the waters of the harbour; and the fish that approach the coast, often rise on the waves, and float poisoned to the sh.o.r.es.[144]

The pa.s.sage to this dreary dwelling place was tedious, and often dangerous. The prisoners, confined in a narrow s.p.a.ce, were tossed for weeks on an agitated sea. As they approached, they beheld a narrow opening choked with a bar of sand, and crossed with peril.[145] This they called "h.e.l.l's gates,"--not less appropriate to the place, than to the character and torment of the inhabitants: beyond, they saw impenetrable forests, skirted with an impervious thicket; and beyond still, enormous mountains covered with snow, which rose to the clouds like 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, and dragging timber to the sh.o.r.e: these gigantic trees, formed into rafts, were floated to the depot. In this service, life was sometimes lost; and the miserable workmen, diseased and weakened by hunger, while performing their tasks, often pa.s.sed hours in the water. They were long denied vegetables and fresh food: they were exposed to those maladies which result from poverty of blood, and many remained victims long after their release. On a breakfast of flour and water, they started from their island prison to the main land, and pursued their toil, without food, till the hour of return: they then received their chief meal, and went to 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 pa.s.s through, wet to the waist, and even to the neck. They were dest.i.tute of bedding, sometimes in chains; their fires were extinguished, and they laid down in their clothes, in a cold and miserable resting place.[146]

They were subject to a single will; moved often by perjury, and sometimes by pa.s.sion. One man, Alexander Anderson, a convict overseer,[147] delighted in human suffering--this was his qualification for office; yet seventeen persons have been flogged in one day, at his single report. The instrument of torture was special; double twisted and knotted 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 commandant was found, by the earliest clerical visitor, living in profligacy, and he returned at once, despairing.[149] Women were, at first, sent there, and four were dispatched to gather sh.e.l.ls, 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 offences of no deep die, who, while the least spark of humanity remained, felt the a.s.sociation more horrible than the place. To escape this dread abode, they gambled for life; and, with the deliberation of actors, divided the parts of a meditated murder, and sinister testimony. They loathed existence, and were willing to shorten its duration, if the excitement of a voyage and a trial might precede the execution. It was their proverb, that all who entered there, gave up for ever the hope of Heaven.[150] Death lost its terrors, and when some unhappy victims were brought down to terrify the rest, they saw them die as many see friends depart on a desirable but distant journey.[151] Some were detained for years by a succession of punishments; perhaps, for the possession of a fish-hook, of a potato, or an inch of tobacco. Some were flogged; until this species of punishment lost, not only its terror, but its power: the remnant of the understanding settled down into one single faculty--the ability to endure. It will be our painful task to turn to the results of this experiment, since elsewhere repeated, of what nations can inflict, and man can suffer: excusable, had the Rhadamanthus of those regions been always just, and those subject to his lash always the worst of criminals.[152]

The improvement of the a.s.signed service, by raising the qualifications of the masters, and increasing the dependance of the men, was another great project of the Commissioner. There were, indeed, no employers, except those who had been convicts, or officers of government; and the first and larger cla.s.s, possessed neither capital nor discretion. They were rather patrons than masters. There were but two changes practicable: the vast establishments projected at Moreton Bay, and introduction of a cla.s.s of settlers, who might exercise the authority requisite to restrain the vagrant indolence of the men; and whose capital 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 the superior facilities of control, where the men were both dispersed and guarded--divided in their occupations, but subject to a vigilant supervision.

It was the opinion of the Commissioner that none, having small estates and trivial resources, should be placed in the responsible position of masters; but that the inducements offered in former times should be renewed and extended. He calculated, that the employers of convict laborers, for each, relieved the treasury of England to the extent of 24 10s. per annum. Thus every consideration commended the system of a.s.signment beyond any other. To attract the attention of settlers, he advised that the emigrant should be ent.i.tled to a grant, to purchase an addition at a low price, and to receive a bonus in land, for the stock he might rear, or according to the industry and skill he might otherwise exhibit.

It has been stated, that the ministers who founded these colonies, intended that free emigration should accompany transportation with equal steps. The despatches of Governor Phillip, addressed to the secretary of state[153] in 1790, proved that he felt the want, and perceived the value, of such auxiliaries; but the early determination to raise expirees to the condition of landholders, seems to imply the form the settlement at Port Jackson was expected to a.s.sume. It is obvious that the immediate design of the Governor, was to provide such free settlers, as might act in different official capacities, at little or no expense.[154] The reply to these communications was favorable, and the prospect of emigration cheering; but the result was insignificant. It is stated by Collins, that several families, members of the Society of Friends, proposed to accept the offers of government, but were deterred by 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 in the colony, under other auspices! An authority to the Governor was now conveyed, to establish such persons as were eligible on terms highly advantageous. They chose a fertile spot, and to mark their civil condition, called their locations "Liberty Plains" (February, 1793). The British government provided their pa.s.sage, an a.s.sortment of tools and implements, provisions for two years; their lands free of expense; and the service of convicts, with two years' rations and one year's clothing. It is difficult to imagine a more alluring offer; yet, except a Dorsetshire farmer, the rest were not _bona fide_ settlers: two formerly belonged to the _Sirius_, and a third to the _Lady Juliana_ transport; in short, they were sailors. Concluding, then, the secretary of state had sought settlers in earnest, the presumption is strong that no considerable number of persons could be found to engage in such an enterprise: 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 of persons 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 respect and deference, by the paucity of their numbers. It was their example which finally overcame the reluctance to settle, which no mere offers of the 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.; James Charlton, executioner, 6 5s.!]

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

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