SITUATION AND DUTIES OF THE SURGEON SUPERINTENDENT.
As the welfare of the convicts, and their advancement or retrocession in
moral reformation, depend materially upon the exertion, apathy, or
capability of the Surgeon Superintendent, it may not be out of place, or
destitute of interest, to say something regarding the duties attached to
that appointment.
The transportation of convicts to the colony seems entirely a mercantile
concern, in which the Government contracts, as a private individual
would, with the ship-owner for the conveyance of a certain number of
tons, at a fixed rate, and the tonnage is estimated according to the
ship’s register. In this case, Government supplies provisions for the
prisoners, besides other necessary stores, which are placed under the
charge of the Master, to be afterwards issued on proper occasions.
A premium of fifty pounds is held out to the Master for a faithful
discharge of his duty; and satisfactory vouchers for the correctness of
his conduct, and humane treatment of the prisoners while on board,
signed by the Governor of the colony, and the Surgeon Superintendent of
the ship, must be produced for that purpose. This part of his duty is
independent of his concerns as Commander, and the proper treatment of
his sailors, with which the Government have no right to interfere, save
as far as it relates to the state of discipline maintained on board, to
prevent mutiny, or improper conduct of the sailors, by which the
security and management of the prisoners may be endangered or
interrupted.
The following extract from the printed Instructions furnished by the
Navy Board to the Master, may serve to show the exactness required of
him in this respect. “For your guidance in the particular line of duty
allotted to the Surgeon of the Morley, we inclose a copy of our
Instructions to him, in order that you may regulate yourself
accordingly; and we refer you to the 24th article of those Instructions
against the prostitution of the female convicts in the vessel under your
command, which you are to consider as equally applying to yourself, and
of which we enjoin your strictest observance, both in your own conduct,
and in the exercise of your authority over all the persons under your
controul; and the like certificate from the Governor of New South Wales,
of your adherence to these directions, will be required before the
gratuity allowed on your return will be taken into consideration.”
The article in the Surgeon’s Instructions, to which the above has
reference, runs as follows: “In consequence of a communication from the
Secretary of State, relative to the state of prostitution in which it is
represented the female convicts, during the passage to New South Wales,
have been permitted to live with the officers and seamen of the ships in
which they were embarked, we desire that you will take the most
particular care to _prevent_ the prostitution of the female convicts who
may be embarked, as far as possible, and, independently of showing a
good example in this respect, that you will _not_, under any pretence
whatever, _suffer_ any officer or seaman to live with a woman on the
passage; and we inform you that instructions have been given by the
Secretary of State to the Governor of New South Wales, to examine
whether these directions have been fully complied with; and that to
enable you to receive your gratuity, it is necessary that you should
procure a certificate from His Excellency, as to the measures taken by
you to _enforce_ these regulations through the ship; when it will be
considered how far your conduct entitles you to such gratuity.”
In former times the owners of ships chartered for the conveyance of
convicts to the colonies, and used also to contract for victualling them
during the voyage, and were even at liberty to provide persons of their
own choice to act as surgeons. With what qualifications, intellectual or
moral, those _medical gentlemen_ entered on the duties of this most
important branch of the service, it is not my purpose here to inquire.
But the ship-owner in those days contracted for a certain number to be
embarked, without any stipulation being entered into for landing them
safely at the place of destination;—a material distinction, as is
evident when it is considered, that it was by no means uncommon for a
ship of this description to have from forty to seventy deaths, and
upwards, in the course of a voyage. The following statement, extracted
from Collins’s History of New South Wales, is illustrative of this
assertion.
“A contract,”—he says, page 102, “had been entered into by Government,
with Messrs. Calvert, Cambden, and King, merchants of London, for the
transporting of one thousand convicts; and Government engaged to pay
17_l._ 7_s._ 6_d._ per head, for every convict they embarked. This sum
being as well for their provisions as for their transportation, no
interest for their preservation was created in the owners, and the dead
were more profitable (if profit alone was consulted by them, and the
credit of their house was not at stake,) than the living. The following
accounts of the numbers who died on board each ship were given in by the
Masters:
Men. Women. Children.
On board the Lady Juliana 0 5 2
On board the Surprise 42 0 0
On board the Scarborough 68 0 0
On board the Neptune 151 11 2
All possible expedition was used to get the sick on shore; for even
while they remained on board many died.” Again, at page 436, the same
author, speaking of the Hillsborough, which arrived the 26th July, 1799,
says, “Ninety-five died during the voyage, and six more were added to
the number in a few days after they were landed.”
Within the period since Naval Surgeons have been appointed to the
superintendence of convict ships, the calamity has been considerably
lessened; and now, if two or three deaths occur in a voyage, it is
thought very unfortunate indeed. I may add of my own knowledge, that in
1818, when I was first in New South Wales in that service, out of 1,059
convicts embarked in England and Ireland, 1,057 were landed at Sydney in
tolerably good health. This favourable result may have been influenced
considerably, perhaps, by much greater attention having been given to
ventilation and cleanliness, and the convicts being less crowded than
they used to be for many years after the settlement of the colony.
Such, it appears, was formerly the mode in which the transportation of
convicts used to be conducted; but at present, under the superintendence
of men regularly educated in the profession, it has become a point of
duty for the Surgeon to take cognizance of every circumstance connected
with the care of the convicts. To this intent, the Instructions issued
to him from the Navy Board require the strictest attention to ascertain
that the convicts’ stores are economically expended, and to see that
every tendency to waste, irregular distribution, and improper
application of the Government property, is instantly checked and
prevented. Under these circumstances, his professional respectability
becomes unavoidably merged, in some degree, in the character of a spy,
in which odious light he is liable to be viewed by the commander, over
whose actions he is directed to exercise this disagreeable, and in many
cases unnecessary, controul.
The situation, therefore, of a Surgeon in a convict ship, besides being
one of great responsibility, is subject to serious inconvenience and
embarrassment from many existing circumstances, which are independent of
his power or choice, and which, deriving influence from long established
custom, have become inveterately incorporated with the present system of
the service, and render the appointment by no means a _sinecure_. This
is more strikingly evident in a female convict ship, where delicacy of
management must be combined with a firmness of discipline bordering upon
severity, which is at all times disagreeable, but becomes peculiarly
odious when enforced, as must generally be the case, where corporal
punishment is excluded. To regulate and duly restrain minds of ordinary
purity and habitude of obedience, is not unattended with difficulty: but
the duty is palpably irksome, though exercised with the utmost
discretion, over dispositions vitiated and turbulent, as those which are
generally found among female convicts; so much so, indeed, that few,
knowing the extent of this painful responsibility, will be found willing
to give the trial a repetition.
If he sanction, for instance, or connive at, the prostitution of the
women, he is liable not only to severe animadversion, but even to be
cashiered, and otherwise punished, by the authority under which he
serves. On the other hand, his embarrassments are equally pressing; for,
if he “enforce” the orders of the Navy Board, which will often involve
the commission of an act of violence, he may subject himself to a
criminal prosecution, the consequences of which may be fatal. Strange as
this may sound, it is perfectly correct. During the _forty nights_ I
kept watch in the prison of the Morley, it was my firm determination to
obey the letter and spirit of the orders I received in my Instructions,
persuaded then that in so doing I should have acted _legally_; and had
any of the seamen broken in, as they frequently threatened to do, I
would most assuredly have shot at the first that entered; which as I
have lately learned, would have been felony. Here is _Charybdis_ on one
hand, and _Scylla_ on the other.
In fact, the Surgeon in those ships has no means whatever but his own
physical strength to carry his instructions into effect; and should the
opposition he meets with in the discharge of his public duty be
formidable enough to trample down his authority, he can obtain no
redress, as the law has provided no remedy against the licentiousness of
sailors: consequently, to prefer complaints so as to give grounds for
prosecution against them, would only be a useless waste of his time. It
will, perhaps, be expected that the authority and co-operation of the
Master will be effective in support of the Surgeon’s intentions; such
expectation can only arise from the supposition that the Master’s
authority over his seamen is absolute, or at least that his orders are
promptly obeyed; but this supposition has been shown, in the journal, to
be unfortunately without foundation.
To act up closely to his Instructions, a Surgeon must examine every
bale, cask, parcel, or article which is to enter the ship, as will
appear from the subjoined extract from the Instructions.
“You are to take particular care that neither the Master nor any other
person be suffered, under any pretence whatsoever, to put on board any
private goods or articles of any kind, without the special permission of
the Board; and as the whole of the tonnage of the stores which may be
permitted to be shipped will be reported to the Governor of New South
Wales, the ship will be liable to seizure, if any greater quantity
should be found on board.”
Would not this duty be better performed by a Custom-house officer during
the continuance of the ship at any British port? If the vessel do not
depart without the stipulated quantity of water, which ought to be
determined by previous inspection, there will seldom be occasion to
touch at any other place during the voyage, and consequently no
opportunity can occur to take in goods without permission. The time
which must be given to matters of this nature, will be found to
interfere with the more immediate and important claims upon his
attention as Superintendent, such for instance as the following: “You
are to be careful that the convicts and passengers have their due
rations of provisions without any deduction whatever, and to see that
the victuals are properly cooked, and regularly issued at the usual
meal-times, as also that they have a sufficient proportion of water. You
are also to attend the opening of every cask of provisions supplied to
the vessel by Government, and to notice in your journal its mark,
numbers, and contents.”
In the discharge of duties so multifarious as are those of the Surgeon
Superintendent in a convict ship, any leaning to remissness justly
subjects him to the displeasure of the Board from whom he has the honour
of receiving his appointment and instructions; or he incurs the
liability of quarrelling perpetually with the Commander, when ever the
conduct of the latter may be thought to require his interference; which
becomes a constant source of uneasiness and vexation. Some men might be
driven by such annoyance to study their own comforts, and self-interest
grow importunate for a large share of consideration: in this case, sense
of public duty may perhaps become weak in proportion as self
predominates, and necessity, which rarely admits of compromise, compels
to an acquiescence with the Master’s views, in order to conciliate his
friendship, and cultivate a disposition to reciprocal concession on his
part.
Should this mutual understanding fail to be established very early in
the voyage, there is likely to be continual bickering between them, and
endless thwarting on every trifling occasion, until at length an open
rupture takes place, and the Master takes his revenge by dispensing with
the Surgeon’s future services as soon as the convicts have been
disembarked, and leaves him on shore to find a passage home in the best
manner he can. It is fair, however, to state, that the Navy Board so far
makes the Surgeon independent of such an unpleasant casualty, as to
allow him fifty pounds by way of passage money returning from the
colony: but whether this liberality be an equivalent for the severe
discharge of an ungracious duty, by which he is subject to that
emergency, is more than questionable, as it is a well known fact, that
the sum demanded for a passage from New South Wales to England is from
one hundred and fifty to two hundred pounds. To remain at the colony is
productive of manifold inconvenience, as the allowance of fifty pounds
will soon be expended for the necessaries of living, while the same
demand and difficulty to return will still continue.
This representation, although a bare recital of facts, may be objected
to as being the very worst state of the case supposed, and that the
argument rests upon a contingency which has but seldom occurred: but
this objection, far from weakening the position, gives an additional
weight to the statement, and claims for it a greater degree of
attention. For it can be said without fear of refutation, that nineteen
out of twenty of the Surgeons who go out in convict ships would return
involved in debts, which it would be utterly beyond their power to
discharge by any other means than an apprenticeship in the King’s Bench,
were they to rely solely on the fifty pounds to meet the expenses of the
passage home, which it may be seen requires four times that sum.
It should be considered, moreover, that convict ships return very rarely
from New South Wales directly, as they are mostly chartered to distant
ports in India, or are directed by their owners to proceed in quest of
cargo, after their engagement with Government is completed. In this
case, a considerable time usually elapses in preparing for this fresh
destination before the vessel can leave Sydney; and should the Surgeon
be entered as a passenger, he must abide by the regulations existing on
those occasions, by which he is bound to maintain himself on shore as
long as the ship remains in any port. The heavy expenses which this must
create, in addition to that of passage, must be seriously felt by the
time the vessel will have arrived in England. Either, then, the Surgeon
must subdue his honourable feelings by silencing scruples as to the
duties of Superintendent, or he must abide by such consequences as leave
him the inmate of a prison.
In order to avoid this horrible alternative, he generally enters into an
engagement with the ship-owners, before the vessel sails from England,
to give his professional attention to the crew during the voyage, and
thus secures a passage home without much expense; but this, it should be
observed, is to be effected only when no misunderstanding has taken
place between himself and the Commander, as otherwise he is liable to be
removed at the pleasure of that officer on the passage home. This
arrangement is doubtless convenient enough for both parties: but it may
be questioned whether the public service is benefited by it; for it can
hardly be expected, that the same vigilance and firmness which would
characterize the conduct of a Surgeon Superintendent, were he perfectly
independent, will be observed when bound by interest, by private
compact, and by necessity, to obey the Master’s orders, or at least give
implicit attention to his suggestions, thereby compromising that dignity
of character which properly belongs to his rank[30].
I wish this observation not to be construed into an insinuation against
the honour or honesty of the Masters of convict ships generally. If all
may be judged of from those with whom I had the pleasure of being
connected, they ought to stand very high indeed in public estimation;
for I firmly believe, that there could not be found in Britain men
possessed of more upright and honourable principles than they are; and
an acquaintance moderately extensive with others in that particular
service has impressed me strongly with sentiments of respect for their
integrity and general character.
On the other hand, it is very remote from my intention to throw the
slightest shade on the character of those professional gentlemen who
have been latterly employed in this service. Many of them possess well
cultivated minds, and are meritorious and valuable members of society;
actuated by that high sense of honour which would detain them in
obscurity for life rather than forfeit their principles; but some of
them have, at the same time, wives and children looking up to them for
support, to provide which, and to give them the advantages of education,
the utmost exertions of industry and economy are required. The
procedure, however, having been dictated, and in some degree made
general, by necessity, has never been considered disreputable.
There are one or two other points regarding the situation of Surgeons on
board of convict ships, which seem to me worthy of consideration: and as
they concern the respectability of the service, and the efficiency which
ought ever to attend that branch of duty, the mention of them, it is
hoped, will not be deemed disrespectful to the authority that watches
over such affairs.
According to the regulations now existing, the Surgeon is not allowed a
servant, which reduces him to the alternative of applying to the Master
to permit one of the ship’s company to do that duty; and this favour, if
granted, necessarily places him under personal obligations to the man
whose actions he is required to inspect, and often to control; or else
he must perform those offices himself; which cannot be less repugnant to
his feelings as a gentleman, than it must eventually prove injurious to
the service.
Let the situation of a Surgeon Superintendent in a convict ship be
compared with that of an officer in the army of the same rank, and it
will readily be seen how widely different are their comparative comforts
and respectability. A naval Surgeon ranks with a Captain of the land
forces; but this equality of rank, if not an absolute inconvenience, is,
under the presently existing circumstances, nothing but an empty name.
For instance, while the lowest commissioned officer in the army is
allowed a servant, exclusively of the attentions he can command from his
guard, the Surgeon Superintendent in the same ship enjoys the proud
privilege of ministering to his own wants.
Who would not sympathize with a gentleman driven to the necessity of
discharging the office of a menial, and that, too, in the presence of
those very persons of whom he has charge, and over whom he is
commissioned constantly to exercise authority? I beg to be understood
distinctly, in drawing the above comparison, not to imply any thing of
an invidious nature towards officers of the army doing duty in convict
ships, every one of whom, I am persuaded, justly merits whatever comfort
can be enjoyed in such a situation.
It is in place here to observe, that misunderstandings are likely to
occur from the first moment of sending the convicts on board. The Master
of the ship having signed a bond making himself responsible for the safe
custody of the prisoners, he alone is held accountable in the event of
any of them escaping; which would seem to give him a strong claim to
regulate them as he may think necessary during the voyage, while the
instructions given to the Surgeon appear to have a different import,
thus: “You are not to consider yourself as Naval Agent for Transports,
nor authorized in any way to interfere with the management or navigation
of the ship, your duty as Surgeon and Superintendent extending only to
the _care_ and _management_ of the convicts, and to see that the Master
fully complies with the terms of his charter party, a copy of which is
inclosed for your information.”
A military officer is ordered on board in command of a guard, without
any instructions whatever, it appears, as to his particular line of
duty; and he naturally enough imagines that the prisoners and every
other person in the ship are under his charge. Each of these, desirous
of securing respect for his authority, regards any interference of the
others with a jealous eye; which has given rise to many unpleasant
incidents, that have ultimately led to investigations in the colony,
where it was decided that the Surgeon Superintendent has the sole charge
over the prisoners. It would prevent much inconvenience, were the
respective duties of these officers clearly defined before the
commencement of the voyage; for at the end of it information must always
be too late for any useful purpose.
In consequence of a late regulation, Surgeons in this branch of the
service, before they can receive their pay, are obliged to produce a
certificate from the principal Surgeon of the Colony, “stating, that no
unnecessary expenditure was made of the medicines and necessaries
supplied for the voyage.” There is something excessively derogatory of
that respect which is due to professional character, in compelling a
Surgeon to apply for such a certificate as that here required. The very
application, moreover, involves an unbecoming insinuation, that neither
the word nor the oath of the individual is to be believed; for every
Surgeon, before he obtains his pay, is obliged to make affidavit that
the medicines and necessaries have been _faithfully_ expended: but it is
evident that even this solemn testimony, although squaring with every
cautionary purpose for which it was originally designed, is questioned
as to its truth, the recent regulation making it requisite to produce
another stronger voucher to the same purport. With the profoundest
deference to superior wisdom and official prudence, an additional
document of this nature appears superfluous; and no absolute necessity
therefore existing to demand its production, such a requisition, it is
presumed, might be omitted without injury to His Majesty’s service.
It would seem trifling and ridiculous to dwell longer on a subject of
such apparent insignificance; but let it not be forgotten, that of such
trifles is the greater part of human happiness or affliction composed:
neither ought it to be looked upon as an unreasonable wish, that those
professional men who have devoted the prime of life to their country’s
service, should, at least in some degree, be screened from unnecessary
humiliation.
-----
Footnote 30:
The Commissioners of His Majesty’s Navy, finding that the allowance of
fifty pounds is wholly inadequate to satisfy the demand for a passage
home, have lately increased it to one hundred and ten pounds, and also
granted ten shillings a day during the time a Surgeon is obliged to
remain in the colony. Since these sheets were put to press, I have
ascertained, that the subject of convict management, generally, has
received considerable attention, and undergone some improvements. The
structural weakness, and consequent insecurity, _so severely felt in
the Morley_, have in some degree been remedied in fitting up the last
female convict ship, Mary Anne. Some of the locks supplied to that
ship were fitted in a more efficient manner, and appeared of a better
quality than those which were formerly furnished. Those useful and
highly necessary arrangements reflect credit on their authors, and
cannot fail to benefit the service. It is earnestly to be hoped that
they will be followed up with others which are still very requisite.