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THE
HISTORY OF TASMANIA:
by
JOHN WEST,
Minister of St. John Square Chapel, Launceston.
VOLUME I.
Tasmania:
Henry Dowling, Launceston.
1852.
Tasmania:
Printed By J. S. Waddell, Launceston
Facsimile edition 1966
TO HENRY HOPKINS, OF HOBART TOWN, ESQ.,
THE
HISTORY OF TASMANIA,
UNDERTAKEN AT HIS REQUEST, IS RESPECTFULLY INSCRIBED
BY
THE AUTHOR.
LAUNCESTON, SEPTEMBER, 1852.
ADVERTISEMENT.
The author takes this opportunity to thank the gentlemen who have
allowed him, for several years, the use of their works on the colonies,
and valuable original papers; especially the trustees of Lady Franklin's
Museum, Messrs. R. Lewis, Hone, Gunn, Joseph Archer, Henty, P. Roberts,
Wooley, and Pitcairn.
The public are indebted to Ronald Gunn, Esq., for the section on
Tasmanian Zoology; and to Mr. F. Wales for a useful list of the chief
places in this country.
CONTENTS--VOL. I.
DISCOVERY.
SECTION I. p. 1.
Anthony Van Diemen, governor of Batavia--Sir Joseph Banks obtains
Tasman's charts and journal--brass hemispheres at Amsterdam--discovery
of Van Diemen's Land--Maria Island--visit of Captains Marion, Furneaux,
Cook, Clerke, Cox, Bligh, D'Entrecasteaux--discovery of Bass' Straits by
Bass and Flinders--Flinders' misfortunes and death--Baudin--misfortunes
of our eminent navigators--monument erected by Sir John Franklin to
Flinders.
SECTION II. p. 20.
Colonel Purry's project--opinion of Dalrymple--Cook's account of New
South Wales--fleet assemble at Motherbank--Phillip governor--various
opinions of the prospects of the colony.
FROM 1803 TO 1824.
SECTION I. p. 27.
Van Diemen's Land occupied--state of Port Jackson at the time--Port
Phillip occupied--abandoned--account of Buckley--debarkation at
Sullivan's Cove--names of officers--Paterson occupies at Port
Dalrymple--account of Collins--Burke's remarks--Collins' history--Lord
Hobart.
SECTION II. p. 34.
Hobart Town named--York Town--Tamar river--Launceston--the first
house--Norfolk Island vacated--settlers conveyed to Van Diemen's
Land--overflow of the Hawkesbury--destitution--deposition of Bligh--he
visits the Derwent--conduct of Collins--establishes a newspaper--his
death--monument erected by Franklin to his memory.
SECTION III. p. 48.
Lieutenant E. Lord acting lieutenant-governor--ditto Captain
Murray--visit of Governor Macquarie--Davey lieutenant-governor
--improvements effected--St. David's church built--Bent's
newspaper--death of Colonel Davey.
SECTION IV. p. 53.
Form of colonial government--courts--legislative orders--administration
of justice--Abbot judge-advocate of Van Diemen's Land--opinions of
Mackintosh--Bentham--torture--arbitrary conduct of Macquarie--governor's
court--Abbot's death.
SECTION V. p. 66.
Lieutenant-Governor Sorell--checks bushranging--immigration of
settlers--their privileges--Macquarie's account of Van Diemen's Land.
SECTION VI. p. 70.
Sheep introduced--Merino lambs imported into Van Diemen's Land--wool
purchased by Mr. Hopkins.
SECTION VII. p. 73.
Whaling--duties on colonial oil--fetters of trade--Captain Howard's
misfortunes--currency of Van Diemen's Land--trading habits.
SECTION VIII. p. 78.
Religious efforts--notices of Reverends Johnson, Marsden,
Knopwood--Wesleyan first Sunday school--Reverends Horton, Mansfield,
Macarthur--bible society--Reverend J. Youl--Reverend P. Connolly.
SECTION IX. p. 86.
Bill for better administration of justice--supreme court
established--colonial agent--departure of Sorell--Leith
company--Sorell's character--agricultural societies--advantages of
immigrants at the present time.
FROM 1824 TO 1836.
SECTION I. p. 95.
Lieutenant-Colonel Arthur, superintendent at Honduras--dispute with
Colonel Bradley--with the slaveholders--state of Van Diemen's
Land--court proclaimed--trial by jury--charges against Mr. J. T.
Gellibrand, jun.--Talfourd's opinions--Van Diemen's Land declared
independent of New South Wales--police magistrates appointed.
SECTION II. p. 106.
Rise of the Australian press--restraint of the press by Arthur--Dr. Ross
government printer--colonists maintain the freedom of the press.
SECTION III. p. 110.
Van Diemen's Land Company formed--its investments--Jorgen Jorgenson.
SECTION IV. p. 115.
State of society at Hobart--Judge Forbes--Governor Darling--punishment
of Thomson and Sudds--trial of Dr. Wardell--Major Honor's case--Mr.
Humphrey police magistrate--petitions for an elective assembly--
disagreements with Arthur--Gellibrand, sen., dismissed from the
magistracy--act of parliament for the colony--Marshall's proposal
for a colonial association.
SECTION V. p. 120.
Dispute between Jennings and Montagu--rate on returned bills of exchange
fixed--trial of Dillon--treasury robbed--Ikey Solomon's arrest--conduct
of a jury--races at Ross--pirates take the _Cumberland_.
SECTION VI. p. 124.
Grammar school--orphan school--mechanic institution--Dr. Ross--Dr.
Henderson.
SECTION VII. p. 127.
Bank of Van Diemen's Land--state of trade--Gatenby farmers--treasury
robbed--Cox's conveyance established--dearth in New South Wales.
SECTION VIII. p. 131.
Liabilities of publicans--impounding cattle--dog act--usury law.
SECTION IX. p. 134.
Endowment of emigrants with land--early regulations--quantities of land
given--early price of land.
SECTION X. p. 136.
Van Diemen's Land divided into counties--land commissioners
appointed--conditions of grants--land obtained by fictitious capital.
SECTION XI. p. 139.
Brisbane grants--proof of ownership--resumption resisted by
juries--defect in titles discovered--defect in description--caveat board
established--Major Abbot's claim--quit rents--free grants
terminated--Lord Ripon's regulations.
SECTION XII. p. 148.
Wakefield's colonization scheme--Wilmot Morton's views--Swan River
settlement--sufferings of first settlers--colony of South
Australia--mineral wealth--Port Phillip occupied--emigration of females
and mechanics--important consequences--table of land regulations.
SECTION XIII. p. 160.
Bank of Australasia--state of the currency--Tamar bank--Union bank.
SECTION XIV. p. 161.
Glorious 23rd of May!--Baxter appointed judge--set aside--police and
gaols--land revenue.
SECTION XV. p. 165.
Mr. W. Bryan's disagreement with Arthur--Arnold condemned for cattle
stealing--case of Lewis--of Bryan, jun.--murder of Captain
Sergeantson--perjury--trial by jury.
SECTION XVI. p. 174.
"True Colonist"--state of the press--charges against Arthur--increase of
newspapers--political association.
SECTION XVII. p. 177.
Recall of Arthur--- advancement during his administration--his great
ability--his views of public works--his departure--death of Mr. J. T.
Gellibrand.
FROM 1836 TO 1843.
SECTION I. p. 191.
Snodgrass acting-governor--arrival of Sir John Franklin--views of the
colony--his reception--efforts to reconcile parties--magistrates
increased--council chamber opened.
SECTION II. p. 195.
Difficulties respecting the churches--Dr. Lang--church and school
corporation erected--dissolved by the crown--Sir G. Murray's
views--Bourke's plan--Arthur's views--bishopric established in New South
Wales--claims of the Presbyterians--declare for the established
church of Scotland--Sir G. Grey's decision--act of general
assembly--appellate jurisdiction refused--synod proclaimed--assembled and
dissolved--controversy between the churches--church act passed--rivalry
of the churches--act amended--demands on the treasury--bishopric of
Tasmania established--Bishop Nixon enthroned--differences with
clergy--ecclesiastical courts--refused by Wilmot--conference at
Sydney--ecclesiastical titles arranged--free church of Scotland--tolerance
of laity--respect for religion.
SECTION III. p. 215.
Education--Franklin proposes a college--Dr. Arnold's views--Mr. Gell
appointed--foundation of college laid--abandoned--- schools in New South
Wales--British system established in Van Diemen's Land--British system
abandoned.
SECTION IV. p. 219.
Distillation forbidden--emigration promoted--interference of
commissioners--libel on Mr. Dowling--emigrants prosper--effects of
probation--distress in the colonies--causes of distress--revival.
SECTION V. p. 225.
Franklin arranges probation system--dispute with Captain
Montagu--dismisses him--Lord Stanley justifies Captain Montagu--Franklin
recalled--his amiable character--last expedition.
FROM 1843 TO 1847.
SECTION I. p. 233.
Sir E. Wilmot arrives--his connexions--opinion of the _Times_--his
popular manners--the agricultural association--bushranging--Wilmot's
promises to the legislature--remodels the Tasmanian Society--his
difficulties--central committee--usury law--fetters of trade--Hutt's
motion--road bill--irrigation--expense of police--public debt--Wilmot
adheres to his instructions--duties raised from five to fifteen per
cent.--taxation defeated--quarrel with the _Courier_--Mr. Bicheno's
political opinions--discussion in the council--Mr. Dry's motion--council
adjourned--despatches respecting police and public works--injustice of
Lord Stanley--anti-colonial character of probation system--Lord
Stanley's restrictions--proposes to raise produce for commissariat--
inadequate surveillance--Wilmot's representations--Stanley's reply--council
meet--estimates unintelligible--motions rejected by the governor's
deliberative and casting votes--Mr. Smith's opinion--six members
resign--obligation of official members--defence of the six--remarks--
popular sympathy.
SECTION II. p. 252.
Development of probation system--location of gangs--Mr. Pitcairn's
petition--Wilmot's counter representation--Wilmot rejected as patron of
the Van Diemen's Land agricultural association--vacancies filled up in
the council--members resign--£24,000 allowed by home government--
differential duties bill--Hobart Town commissioners--dog act--recall
of Wilmot--defended the probation system--blame cast on him--Wilmot's
last address--Mr. Gladstone's despatch--his decision respecting the
six--Wilmot slandered--Gladstone's letter--debates in parliament--
remarks--Wilmot's death--Mr. La Trobe's administration.
FROM 1847 TO 1852.
SECTION I. p. 265.
Sir William Denison meets the twelve--re-appoints the six--errors in
commission discovered--refers home--the six appointed--dog tax declared
illegal--actions of merchants--dismissal of Judge Montagu--Judge Pedder
refuses leave of absence--Mr. Horne appointed--doubts' bill
passed--decision of home government--charge against the merchants--their
defence--appeals to Downing-street--public petitions for an
assembly--plans proposed--council of New South Wales--discontent at Port
Phillip--report of Sir William Denison--plan of Earl Grey
rejected--privy council report--opinions of their report--bill
passed--rejoicings at Port Phillip--at Van Diemen's Land--college at
Bishopsbourne--Hutchins' school--high school.
SECTION II. p. 276.
Struggle against transportation--Mr. McLachlan--English press--state of
colony--pardons extended--North Australia--squatters hire
expirees--exiles received at Port Phillip--abolition proposed--Mr.
McLachlan's letter to Mr. Gladstone--petition presented to the
Lords--Mr. Ewart's motion--Earl Grey and Mr. Hawes receive the seals of
the colonial office--avow the principles of Whately--Sir W. Denison's
circular--discussion--committees appointed--public meetings.
SECTION III. p. 283.
London agency--meeting--Lord Grey's despatch announcing the views of
government--address of Sir W. Denison--his despatch in favor of
transportation--Norfolk Island prisoners--proposal to New South Wales
accepted on both sides--repudiation by Earl Grey, and a new proposal to
New South Wales rejected--circular letter to the colonies--convicts sent
to the Cape rejected--rejected at Port Phillip--effect of the treatment
of Van Diemen's Land on other colonies--prospects of 1848.
SECTION IV. p. 289.
Lord J. Russell's speech--conduct of ministers--great number of
petitions--Sir W. Denison's views--resolution of colonists--rapid
changes of systems--the intentions of Earl Grey--evils of ticket
system--resolution of the Legislative Councils--views of different
parties--state of the colony--Earl Grey accused of breach of faith--Earl
Grey's speech--declares his determination to proceed--the effect of his
speech on Van Diemen's Land--Leagues formed--_Neptune_ arrived--protest--
petitions of all classes--convict party form an association--it is
dissolved--weakness of the colony--feelings of other colonies towards
Van Diemen's Land.
SECTION V. p. 298.
The "Australias are One"--address to the colonies--Earl Grey renews his
application to New South Wales--decision of the people--response of the
colonies--meeting of abolitionists at Hobart--declare against
transportation to any of the colonies--a conference appointed--delegates
meet in Victoria--the Australian League formed--large subscriptions--fire
in Port Phillip--meeting of delegates in New South Wales--proceedings
of conference--the elections--the discovery of gold--effects on
employers--League assailed by the convict party--delegates visit
Adelaide--League adopted at New Zealand--people return opponents of
transportation--conduct of emancipists--not one supporter of
transportation returned--resolutions of the Legislative Councils of
New South Wales, Victoria, South Australia, and Van Diemen's Land.
* * * * *
ZOOLOGY.
SECTION I. p. 321. Mammalia.--SECTION II. p. 328. Birds.--SECTION III.
p. 332. Fishes.--SECTION IV. p. 333. Reptiles.--SECTION V. p. 335.
Insects.--SECTION VI. p. 335.--Mollusca.
HISTORY OF TASMANIA.
* * * * *
DISCOVERY, &c.
DISCOVERY, &c.
SECTION I.
Nearly fifty years have elapsed, since Van Diemen's Land was numbered
with the colonies of the British empire. A generation has risen up and
is passing away. Thousands, while they venerate the land of their
European ancestors, with an amiable fondness love Tasmania as their
native country. They will, hereafter, guide its affairs, extend its
commerce, and defend its soil; and, not inferior in virtue and
intelligence, they will fill an important position in the vast system of
Australasia.
To gratify their curiosity, and offer to their view the instructive and
inspiriting events of the past, is the purpose of this history.
The difficulty of the task can be appreciated only by experience. To
collect from scattered records, facts worthy of remembrance; to separate
reality from romance; to remove partial coloring from statements made
long ago; and to exhibit useful truth without disguise and without
offence, required much research and deliberation.
It is not the intention of this history to relate every event which,
when passing, may have been deemed momentous; much less to recal from
obscurity the errors, absurdity, and wickedness which exercised no
distinct influence on the common welfare. The author has endeavoured to
realize the feelings and sympathies of the benevolent and just of
another age, and to confine his pen to details which may maintain their
interest, when the passions with which they were associated shall
subside for ever.
In calling this work THE HISTORY OF TASMANIA, a designation is chosen
generally preferred by the colonists, and which their successors will
certainly adopt. "Van Diemen" is a name affixed to the north coast of
New Holland; and this country is the first known discovery of Tasman.
The name of Tasman is recognised by the royal patent constituting the
diocese; by several literary societies and periodical works: it forms
the term by which we distinguish our Tasmanian from our European youth.
Tasmania is preferred, because "Van Diemen's Land" is associated among
all nations with the idea of bondage and guilt; and, finally, because
while Tasmania is a melodious and simple sound, "Van Diemen" is harsh,
complex, and infernal.
* * * * *
During the reign of Charles I. (Frederick Henry, grandfather of William
III. being Stadtholder of Holland) the Dutch discovered this island. The
enterprise of that people had raised them to the zenith of their power:
unless by England, they were unrivalled in nautical science and
commercial opulence. More for the purposes of trade than the acquisition
of knowledge, they were anxious to discover unknown countries, and to
conceal the information they possessed from the rest of the world.
At this time, Anthony Van Diemen was governor-general of Batavia: by
him, Abel Jans Tasman was commissioned to explore the "Great South
Land," the name by which New Holland was known until 1665, when, by the
authority of the Netherland government, it received its present
designation. A fragment of the journal of Tasman, containing an account
of his discovery, was first published by Dirk Rembrant, and afterwards
translated into most European tongues. In this abstract nautical details
respecting Van Diemen's Land were omitted, but were described in the
journal itself, and by thirty-eight charts, views, and figures. These
were purchased by Sir Joseph Banks, on his return from his voyage to
these seas. Tasman's journal was translated by a Netherland clergyman:
he considered the age of the manuscript confirmed by the spelling: that
it was genuine he had no doubt, although he questioned whether written
by Tasman, or transcribed at his command. Sir Joseph Banks acquired at
the same time a copy of instructions to Tasman, given by the Governor of
Batavia in 1644, for a second expedition, and which recapitulated the
various voyages of his predecessors. These, however, have no connection
with Van Diemen's Land.
To adorn the new stadthouse of Amsterdam, erected in 1665, three
hemispheres were wrought in stone, of twenty-two feet in diameter: the
circles were inlaid with brass, and were executed by a celebrated
artist. The southern hemisphere exhibited the discoveries of Tasman and
his predecessors: they formed the pavement of the hall, until
obliterated by the tread of several generations. They were quite
forgotten when Sir Joseph Banks sought information from the inhabitants.
A copy of these works of art was preserved, and displayed the extent to
which New Holland and Van Diemen's Land were known.
The journal of Tasman has been greatly admired: it is clear, laconic,
and devout.[1] It opens with an invocation: "May God Almighty be pleased
to give his blessing to this voyage. Amen." The document is, indeed,
full of pious sentiments: when a long desired breeze liberated the
vessel from port, or refreshment was obtained, or safe anchorage found,
he dots down a thanksgiving. He reckoned his longitude from the Peak of
Teneriffe: the hours he called glasses; his miles were German, fifteen
to a degree.
On the 14th of August, 1642, Tasman embarked at Batavia, on board the
_Heemskirk_, the fly-boat _Zeehaan_, Jerit Zanzoon, master, in company.
They set sail for the Mauritius, and arrived on the 5th of September.
That island, then commanded by Van Steelan, was but little cultivated,
and gave slight promise of its present importance.[2] On the 4th
October, they were ready to depart, but were delayed by contrary winds
until the 8th, when on a change in their favor they stood eastward to
sea. On the 27th, a council being called, it was resolved that a man
should constantly look out at the topmast head; and to encourage
vigilance it was determined, that the first discoverer of land should
receive three reals and a pot of arrack. On the 4th November they saw
patches of duckweed and a seal, and inferred their vicinity to land. The
first pilot, Francis Jacobzs, on the 7th, supported by the advice of the
steersman, thus delivered his opinion:--"We should keep to the 44°
south latitude, until we have passed 150° longitude; then make for
latitude 40° south, and keeping in that parallel to run eastward to 220°
longitude, and then steering northward search with the trade wind from
east to west for the Solomon Islands. We imagine, if we meet with no
main land till we come to 150° longitude, we must then meet with
islands." On the 17th, they were in latitude 44° 15' and longitude 147°
3': they concluded that they had already passed the south land then
known. On the 22nd they found their compass was not still within eight
points, which they attributed to the influence of loadstone, and which
kept the needle in continual motion. On the 24th, at noon, they found
their latitude 42° 25' south, longitude 163° 31': in the afternoon, at 4
o'clock, they observed land, Point Hibbs, bearing east by north. The
land was high, and towards evening they saw lofty mountains to the east
south-east, and to the north-east two smaller mountains: here their
compass stood right. They resolved to run off five hours to sea, and
then to run back towards the land. On the 25th, the morning was calm,
and at 5 o'clock they were within three miles of the shore, and had
soundings at sixty fathoms. They approached a level coast, and reckoned
their latitude 42° 30', and middle longitude 163° 50'. On this day they
named their discovery: "we called it Anthony Van Diemen's Land, in honor
of our high magistrate and governor-general, and the islands near
(Boreels) we named in honor of the council of India, as you may see by
the little map we made." Next day they lost sight of land. They fixed
the longitude 163° 50', and gave orders to the master of the _Zeehaan_
to adopt that reckoning. On the 28th land reappeared, and in the evening
they came near three small islands, one of which they thought like the
head of a lion (Mewstone, of Furneaux). On the following morning they
passed two cliffs, one (the Swilly, of Furneaux) like the Pedra Branca,
near the coast of China; the other, the eastern cliff, resembling a high
misshapen tower (the Eddystone, of Cook). Between the cliff and the main
land they passed, until they came almost to Storm Bay, where they found
it impossible to anchor, and were driven by the wind to sea--so far,
that land could scarcely be sighted in the morning. In the afternoon of
the 1st December, they anchored in a good port (marked Frederick Hendrik
Bay in the chart), with twenty-two fathoms water, and bottom of fine
light grey sand.
On the following morning the boats were despatched to the shore: on
their return, the steersman informed them that they had heard the sound
of voices, and of a little gong; but saw no one. They remarked two
trees, sixty feet from the ground to the branches, and two and a-half in
circumference: the bark taken off with flint stones, and steps cut to
climb for birds' nests, full five feet from each other, and indicative
of a very tall people. They saw marks, such as are left by the claws of
a tiger, and brought on board the excrements of some quadruped; gum lac,
which dropped from trees, and greens "which might be used in place of
wormwood." They saw people at the east corner of the bay:[3] they found
no fish, except mussels: many trees were burned hollow near the ground;
they were widely separated, and admitted an extensive view.
On the 3rd, they went to a little bay, south-west from their ships, in
search of water: the surf prevented their landing, but the carpenter
swam on shore; and near four remarkable trees, standing in the form of a
crescent, he erected a post, on which a compass was carved, and left the
Prince's flag flying upon it.[4] "When the said carpenter had done this
in the sight of me, Abel Jans Tasman, of the master Jerit Zanzoon, and
under merchant Abraham Coomans, we went in the shallop as near as
possible, and the said carpenter swam back through the surf. We then
returned on board, and left this memorial to the posterity of the
inhabitants. They did not show themselves, and we suspected some to be
not far from thence, and watching carefully our doings." The last object
they noticed was a large round mountain (St. Patrick's Head), on the
eastern coast, of which they lost sight on the 5th December.
From Van Diemen's Land they proceeded to New Zealand, where by an
encounter with the natives several lives were lost: thence they passed
Tongataboo, Amsterdam, and Rotterdam, and arrived at Batavia on the 15th
June, 1643. Tasman closes his journal with his usual devotion: "God be
praised for this happy voyage. Amen."
That Maria Island was named after the daughter of Van Diemen, and that
Tasman went over the ocean writing down her name in the imperishable
records of his discoveries, is a pleasing tale; but the evidence on
which it rests is far from conclusive. Thus at Amsterdam he called the
anchorage Van Diemen's Road, and where the boats went for water Maria's
Bay, "in honor of our governor-general and his lady." That a daughter of
the same name existed is not improbable, but who can tell whether the
Maria Island of Tasmania's coast was named in complaisance to the
daughter, or to conciliate the mother! In hope to confirm the agreeable
fiction the journal of Tasman has been examined, but in vain.
The spirit of discovery revived in Europe after a long slumber; and a
succession of illustrious navigators, in their passage to regions deemed
more important, touched at Van Diemen's Land, and thus rapidly developed
its geography. After Tasman, the next visitor was Captain Marion, of the
_Mascarin and Castries_, who in 1772 arrived from the Mauritius, in
search of the "southern continent," then the grand object of nautical
inquiry, and anchored in Frederick Hendrik Bay, the 4th March. The visit
is chiefly memorable for a fatal collision with the natives, who,
according to the French, exhibited uncommon ferocity. On his stepping on
shore they offered Captain Marion a fire stick, which he supposed a
ceremony of friendship; but when he lighted a heap of wood, as he
imagined in compliance with their custom, they retired to a hill, and
threw a shower of stones. The French fired their muskets, and the
natives fled: their pursuers found in the wood a dying savage--the first
victim of European intrusion. Marion and some others were injured
slightly by the missiles of the natives, and a black servant was wounded
by a spear.
The remarks they made are of no great value: they entered the country,
and saw everywhere the effects of fire, which they supposed was intended
to drive wild animals from the coast. They could not discover a tree
suitable for a mast, and were unsuccessful in obtaining water. A small
map, which sketched the form of the coast with considerable exactness,
accompanied the account of this voyage, and tended to awaken the French
to the importance of these seas.
The next visit was accidental, but most important: Captain Cook, in
1772, left Great Britain to explore the icy region near the Pole. There
the vessels separated in a fog: they were unable to rejoin, and while
Cook proceeded to New Zealand in the _Resolution_, Captain Tobias
Furneaux, his second in command, touched at Van Diemen's Land in the
_Adventure_. He made the south-west cape on the 9th of March, 1773,
exactly one year after Marion left the island. After passing the
Mewstone, a boat's crew sent on shore reported favorably of the country,
and that they had seen beautiful cascades pouring from rocks two hundred
feet high. Finding no anchorage, Furneaux passed the black rocks (the
Boreels of Tasman), which he called the Friars, and discovered Adventure
Bay, which is separated from Storm Bay by Cape Frederick Henry. There
they found anchorage in seven fathoms, within half a mile of either
shore, and obtained wood and water in abundance. The numerous islets and
tortuous navigation of the coasts led Furneaux into several errors. To
discuss them would tire the patience of nine readers in ten, and afford
no pleasure to the tenth.
The _Adventure_ sailed along the eastern coast to the latitude of 40°
50', where Furneaux observed the land turned towards the westward. He,
however, narrowly missed the discovery of the straits, and turned off
for New Zealand, convinced "that there was no strait between New Holland
and Van Diemen's Land, but a very deep bay." The impression he adopted,
he conveyed to Captain Cook, who had intended to visit Van Diemen's Land
for the solution of this geographical problem, which now he considered
determined.[5]
On his third and final voyage to the Pacific, Captain Cook touched at
Van Diemen's Land in the _Resolution_, then accompanied by Captain
Clerke. He sighted the island bearing north-west half-west, distant
three leagues from Mewstone. A neighbouring rock, unnoticed by Furneaux,
he called the Eddystone, from its resemblance to an English lighthouse
of that name. Detained by calms, he did not reach Adventure Bay until
the 26th, where at 4 P.M. he dropped anchor in twelve fathoms, within a
mile of the shore. The officers were delighted with the country, and
particularly with its gigantic forests. Mr. Anderson, the surgeon, spent
his leisure wandering on the beach of Adventure Bay; angling in a lake,
or ascending the neighbouring hills.[6] Captain Cook left swine on the
shore, which were driven into the bush when the natives were not
present; in the hope they might escape them, and thus add to the
resources of the country. He departed on the 30th for New Zealand. The
account left by Cook is chiefly interesting for its description of the
natives, and will be noticed in the history of that unfortunate people.
On the 3rd July, 1789, the brig _Mercury_, John Henry Cox, master,
entered a deep bay on the south side of Van Diemen's Land, and was about
ten miles from the Mewstone: attempting Adventure Bay, he was carried to
the eastward, and afterwards accidentally discovered Oyster Bay.
Captain Wm. Bligh, subsequently governor of New South Wales, touched at
Van Diemen's Land in 1788, when on his voyage to Tahiti, whence he was
instructed to convey the bread fruit tree to the West India Islands. His
object was frustrated by the mutiny of his crew; and after a passage in
an open boat, attended with extraordinary perils, he reached Great
Britain. The _Providence_ and _Assistant_ were placed under his command:
he was sent on the same errand, in which he was successful, and
re-appeared in Adventure Bay in 1792. During his stay he planted several
fruit trees, acorns, and vegetables.
An inscription found by the French crew on a tree, signified that near
by, "Captain William Bligh planted seven fruit trees: Messrs. T. and W.,
botanists." They consisted of one fig, two pomegranates, and four
quinces. An apple tree was found by Labillardière on the coast. They
doubtless all perished. The Frenchman was greatly scandalised by the
despotism which condemned men of science to initials, and gave a sea
captain a monopoly of fame.
This celebrated naturalist was attached to the expedition of
Rear-Admiral Bruné D'Entrecasteaux, sent out by the government of France
to ascertain the fate of La Perouse, whose amiable reputation
conciliated the good-will of all parties. Although concluded that the
vessel he commanded must be lost, it was fondly hoped that he still
survived. The national assembly paused in the midst of its conflict with
the king, to request that vessels might be dispatched, and rewards
offered, for his relief. In his decree, Louis XVI. describes the
expedition as intended, beyond its primary design, to perfect the
description of the globe. On the day the first colonists of New South
Wales entered Port Jackson, the expedition of La Perouse was seen by the
astonished English approaching the coast. After an interchange of those
civilities which dignify the intercourse of polished nations, he left
New Holland.
In a letter, dated September, 1787, Perouse stated his intention "to
employ six months in visiting the Friendly Islands to procure
refreshments; the south-west coast of Mendana, the land of the
Arsacides, with that of Louisiade, as far as New Guinea."[7]
Many years after, relics were recovered, which demonstrated the vicinity
of his misfortunes. A lascar informed Captain Peter Dillon, of the East
India Company's service, that two Frenchmen survived at Manicola; he
therefore visited the island, where he found several relics of the lost
admiral, although the Frenchmen were dead; among the rest his sword
guard, marked with his cypher.[8] Dillon was honored by the French
government with the title of Chevalier, and received a pension.
In 1792, D'Entrecasteaux in the _Recherche_, and Captain Huon Kermandee
in the _Esperance_, reached Van Diemen's Land. On the 20th April, when
looking for Adventure Bay, they discovered the channel which bears the
name of D'Entrecasteaux. They remained a month, when they departed on
their search, and returned on the 20th January, 1793, to complete their
observations. They found that the channel extended to the Storm Bay of
Tasman: they entered and named the Huon, and the Rivère du Nord, now the
Derwent, and examined the different harbours. Their charts are said to
exhibit the finest specimen of marine surveying ever made in a new
country.[9] Of D'Entrecasteaux's Channel, then deemed the most important
discovery since the time of Tasman, Rossel, who recorded the events of
the voyage, writes with rapture:--"A harbour, twenty-four miles in
length, and equally safe in every part. Such a retreat, in a gulph which
bears the menacing name of Storm Bay, is a luxury that, to be able to
express, must be felt."
Captain John Hayes, of the Bombay marine, with the private ships _Duke_
and _Duchess_, examined Storm Bay and D'Entrecasteaux's Channel, in
1794. He passed up the Rivère du Nord much farther than the French,
which he called the Derwent; and in his passage affixed names to various
places, which have effaced those given by the original French
discoverers--whose survey, however, to the extent of their navigation,
was more correct than his own.
The form of Van Diemen's Land had long been a nautical problem. Captain
Hunter, observing the swell of the ocean, deemed the existence of a
strait highly probable. Mr. George Bass, surgeon of the royal navy, a
gentleman to whom his generous friend Flinders refers with great
admiration, resolved to test the conjecture. He had already given proof
of intrepidity: in company with Flinders and a boy, he embarked in a
boat, eight feet long, called _Tom Thumb_. After escaping great dangers,
they returned to Port Jackson with valuable information respecting the
coast.
In 1798, Bass obtained from Governor Hunter a six-oared whale boat, six
men, and six weeks provisions: with this outfit he proceeded along the
eastern coast of New Holland, occasionally landing and obtaining
supplies, which enabled him to prolong his absence to eleven weeks. He
continued his course until the agitation of the water convinced him that
the open sea was not far distant: he discovered Western Port, and a
country of great attraction. He explored six hundred miles of coast,
one-half of which was hitherto unknown; an enterprise beyond example in
nautical adventure, and entitling him to that renown which belongs to
his name.
To test this discovery, the governor authorised Lieutenant Flinders and
Mr. Bass to sail through the strait in the _Norfolk_, a colonial sloop,
of 25 tons. Twelve weeks only were allowed for the voyage, which
compelled the navigators to content themselves with a cursory survey.
In October, 1798, they left Port Jackson: after spending some time
among the islands which crowd the straits, they sighted Cape Portland, a
name given it in honor of the Duke of Portland, then secretary for the
colonies; thence they passed Port Waterhouse, so called after the
captain of the _Reliance_. The first important discovery was Port
Dalrymple, called after the hydrographer of the admiralty, Alexander
Dalrymple.[10] Green Isle, Western Arm, Middle Island, Whirlpool Reach,
Swan Point, and Crescent Shore, preserve memorials of the visit in their
designations.
They reported Port Dalrymple an excellent place for refreshments: black
swans, whose quills covered the beach in countless thousands; kangaroos,
of the forest kind; flocks of ducks and teal, and mussels and oysters,
were found in abundance.
Proceeding along the coast, they came to a headland, which they called
Circular Head, from its resemblance to a Christmas cake. They now
approached the solution of the question which had dictated their voyage.
They remarked a long swell from the south-west breaking on the western
shore: they hailed it with joy and mutual gratulation, and passed in
safety the clustering islets in their course: the extreme north-west
they called Cape Grim. Proceeding round the western coast, they observed
the mountains noticed by Tasman when he visited the island, which in
memory of his vessels they called Mount Heemskirk and Mount Zeehaan.
They named Point Hibbs after the master of the _Norfolk_. The
discoveries of Flinders here may be said to terminate, until he
proceeded up the Derwent.
The utility of the strait was highly rated. It secured perpetual renown
to Bass, whose name it bears: this was given by Governor Hunter at the
recommendation of Flinders, whose candour is always conspicuous in
awarding the palm of discovery to those to whom it is due! Not only does
the strait curtail a voyage from the Cape by four degrees, but vessels
avoid the winds which obstruct navigation round the South Cape and Cape
Pillar of Van Diemen's Land, which prolong the passage several days; a
point of great importance in the conveyance of passengers.
The _Norfolk_ steered into the Derwent by the chart of Hayes. Both
Flinders and Bass observe, with indignation, how creeks are magnified
into rivers, coves into bays, and a few acres into plains: as Risdon
River, Prince of Wales's Bay, and King George's Plains. They corrected
his definitions, but left him the honors of discovery. Flinders
proceeded to Herdsman's Cove, which he so distinguished for its
extensive pasture and plentiful waters.
Bass depicts the Derwent as a dull and lifeless stream, respectable only
because the Tasmanian rivers are insignificant![11] To a bay they
entered on the western side of Tasman's Peninsula, they gave the name of
their vessel, which was built at Norfolk Island, of the pine peculiar to
that place.
Flinders continued, after the departure of Bass, to prosecute researches
on the coast of New Holland, until the _Reliance_ returned home. In that
vessel his charts were conveyed, and were published. On a plan being
offered by Sir Joseph Banks for completing the survey, the
_Investigator_ was placed under the command of Flinders, who was
promoted to the rank of commander, furnished with a chosen crew, and
attended by Westall, a painter, and Brown, a naturalist whose collection
added largely to his department of science. Flinders received a passport
from the French government, expressed with the usual amplitude. It
inhibited all vessels of war from molesting the _Investigator_, and gave
right of entry to all ports subject to France, for refitting or
refreshment, on condition that nothing were done hostile to that power.
This protection was demanded by Lord Hawksbury, of M. Otto, the
celebrated representative of the Republic in England. Flinders had
proposed to visit Van Diemen's Land, but had been partly anticipated by
the _Lady Nelson_, sent from England to be employed as tender to the
_Investigator_, and fitted with a keel suited to shallow waters. Brown,
the naturalist, remained some time after the expedition was interrupted.
He wandered on the banks of the Derwent and Tamar, collecting shrubs and
flowers during a stay of several months; and although some specimens of
plants were lost in the _Porpoise_, not one out of 3,900 species was
wanting.[12]
In June, 1803, Flinders passed the north coast of Van Diemen's Land:
eighteen men were lying in their hammocks almost hopeless of recovery,
some of whom died before the vessel entered Port Jackson, and several
afterwards. A survey was instantly held, and the _Investigator_ was
condemned: the hull was found rotten, both plank and timbers, and it
was declared that reparation was impossible. On inspecting her
condition, Flinders expressed great astonishment, and remarked that a
hard gale must have sent her to the bottom.[13]
The volumes of Captain Flinders, though of vast scientific worth, are
not greatly interesting to the general reader, except when he tells of
his trials, which were many. His work was patronised by the admiralty,
and he had the prospect of reward; but on the day of publication, fame
ceased to be valuable to him,[14]--he cast that anchor which is never
weighed.
A long imprisonment in the Isle of France, and the mental anxiety
inseparable from a strong sense of injustice, it is said, destroyed him.
His case may be told in few words: the _Investigator_ was condemned as
unfit for service, and Flinders embarked at Port Jackson on board the
_Porpoise_, in company with the _Cato_ and the _Bridgewater_. When
passing through Torres Straits, at between eight and nine knots, they
saw breakers a-head. Before signals could be made, the other vessels
were seen hastening to the same destruction. They hauled to the wind
across each other; a collision seemed inevitable: a death-like silence
prevailed during the awful crisis; but happily they passed off side by
side. Instantly, however, the _Cato_ struck on the reef, and was totally
lost. All hands were preserved, except three boys; of these, one spent
the night on a spar, bewailing his unhappy lot: four times he had
embarked in different vessels, and each time had been wrecked; this was
the last, for before morning he disappeared. The _Bridgewater_ was yet
safe: she was seen at dawn; but while awaiting her help, the captain,
with a selfishness happily not common--without even sending a boat to
pick up a cast-away--proceeded on his voyage.[15] He reached India in
safety; sailed for Europe, and was never heard of more: the people he
had abandoned were all rescued.
This was effected by Flinders. A cutter was built and provisioned from
the stores saved on the reef: in this, which he called the _Hope_, he
set out for Port Jackson, 750 miles distant. There he obtained the
assistance of two vessels, beside the _Cumberland_, a colonial schooner
of 29 tons. The inhabitants, unsolicited, sent many presents to the
sufferers, who soon hailed the arrival of Flinders with rapturous
cheers.
Having performed this duty, he proceeded towards England in the
_Cumberland_, with seven men and three officers; but finding that she
was unable to bear the voyage, he resolved to confide in the honor of
the French, and present his passport at the Mauritius. There he was
detained a prisoner six years; first charged with imposture, then
treated as a spy; and when these imputations were refuted, he was
accused of violating his passport. The French had found in his journal a
wish dotted down to examine the state of that settlement, written when a
stranger to the renewal of war. Some doubt seems to have been really
entertained, for the moment, respecting him; but his long detention
after his release was promised, was ascribed to the ambition of
Napoleon, and the dishonesty of the French Institute, who from Flinders'
papers were appropriating to Baudin the honor of discoveries he never
himself claimed.
Before the _Investigator_ left England, the _Geographe_ and
_Naturaliste_, under Captains Baudin and Hamelin, visited this island.
During a pause in the hostilities of Europe, the French government
obtained from Mr. Addington, then premier, a safe conduct for this
expedition. The terms granted entitled them to freedom from search; to
supplies in any English colony, notwithstanding the contingency of war:
it being well said by the French, that the promoters of scientific
knowledge were the common benefactors of mankind. While Flinders was
prosecuting his voyage he met Baudin on the coast of New Holland, at a
place thence called Encounter Bay. The interview was civil, rather than
cordial; both nations were competitors in science, and rivals are rarely
kind. Yet the suffering of the French may be mentioned with pity: of
twenty-three scientific men who accompanied the expedition, three only
survived. The vessels were ill-provisioned, the water corrupt, and they
encountered fearful tempests, in attempting to circumnavigate this
island.
Captain Baudin had been directed by his government to examine the
eastern coast of Van Diemen's Land, the discoveries of D'Entrecasteaux,
and the channels and rivers of the coast. The surgeon of the
_Geographe_, Monge, fell by an attack of the natives, and was buried on
the spot which bears his name.[16] The French surveyed the eastern
coast, and finally determined the position of the Frederick Henry Bay of
Tasman. They examined the intricacies which had escaped the observation
of earlier navigators, who erroneously numbered the islands on their
charts, and thus overlooked the bays. They coasted between the main and
the Schoutens, and gave the name of Fleurieu to the Oyster Bay of Cox.
They then passed through a strait heretofore unnoticed, which divides
the Schoutens and Freycinet's Peninsula. Their survey was minute, and
sometimes three boats were employed in different directions. The French
vessels parted company, and the _Naturaliste_, after a long search for
her consort, proceeded to New South Wales.
Baudin, of the _Geographe_, was far more unfortunate. Having touched at
his land of Napoleon, instead of returning through Bass's Strait to Port
Jackson, he resolved to pass the south cape of Van Diemen's Land.
Throughout the passage he experienced the most fearful storms: the
darkness at night often prevented the execution of naval manoeuvres, and
the vessel was drenched with water. The condition of the crew was
terrible; "cries of agony made the air ring:" four only, including the
officers of the watch, were able to keep the decks. After beating about
Port Jackson for several days, a boat appeared which had been dispatched
by the governor, who saw the French were unable to manage the vessel. By
a change of diet, they speedily recovered.
When at Port Jackson, Flinders showed his discoveries to the French, who
admitted the justice of his prior claim, but with little sincerity.
M. Baudin died: Captain Hamilin, of the _Naturaliste_, returned to the
Mauritius. He eulogised the conduct of the colonists to
extravagance;[17] but it is mortifying to find, that soon after, having
captured a small English settlement, he burned the property he could not
carry off; and invited upon deck the ladies, his prisoners, to witness
the devastations of their late peaceful dwellings.
The misfortunes of the distinguished navigators, whose success has been
recorded, fully equalled their fame. The fate of Cook belongs to a story
which mingles with our early remembrance. A child need scarcely be told,
that after a career eminently glorious to his country and profession,
while attempting to restrain his men who were firing to protect him, he
fell by the dagger of a savage.
His colleague, Captain Clerke, who attended him through all his
expeditions, did not long survive him. Resolved to complete his
instructions, he remained in the neighbourhood of Kamschatka, which
hastened the crisis of a consumption. He was buried beneath a tree at
the harbour of St. Peter and St. Paul, and an inscription pointed to his
grave.[18] This was found by M. Perouse defaced, who restored it. On his
arrival at Botany Bay, he interred the naturalist of his expedition: the
memorial he set up was destroyed by the natives, and Governor Phillip
repaid, by the substitution of another, the honor done to his own
countryman.[19]
De L'Angle, the companion of Perouse, with eleven officers and men, lost
their lives by a misunderstanding at the Navigators' Isles: the manner
of his own death may be inferred from the native tradition.[20]
The end of D'Entrecasteaux and Huon, was hardly less melancholy: both
commanders were buried by their crews; the admiral at Louisiade, and
Huon at New Caledonia. The vessels were detained by the Dutch at Java,
and many of the seamen died in captivity. There the calamities of their
country became known to them: some sided with the royalists, others with
the jacobins, but few regained their native land; among these, however,
was Labillardière.[21]
The fate of Captain Flinders is already told; that of Dr. Bass is
involved in obscurity. A rumour that he was alive in 1812, in South
America, was circulated in London.[22] In the colonies it was reported,
that the vessel in his charge foundered at sea; others alleged that he
attempted a contraband trade in the Spanish colonies, was taken
prisoner, and with his companions sent to the quicksilver mines, and
there died.[23]
The whale-boat of Bass, which first swept the waters of the strait, was
long preserved at Port Jackson. Of its keel snuff boxes were wrought,
and regarded as valuable relics. A fragment, mounted with silver,
engraven with the particulars of the passage, was presented to M.
Baudin, as a memorial of the man whose example had stimulated colonial
discovery.
Flinders[24] predicted that the name of Bass would be conspicuous among
the benefactors of mankind: the glory of his own will enlarge with the
value of his discoveries. They resulted not from accident, which may
give reputation to success without merit, but were the reward of prudent
enthusiasm. A small community cannot, indeed, rear a monument worthy the
destinies of their names: private memorials may be perishable, like the
sympathies which inscribed them, but a future and opulent era will
display the moral grandeur of their enterprise, and posterity will pay
public honors to their fame.
At the cost of £250, Sir John Franklin erected an obelisk on the rock of
Stamford Hill, Port Lincoln, with the following inscription:--
This place,
from which the gulf and its shores
were first surveyed,
on the 26th of Feb., 1802, by
MATTHEW FLINDERS, R. N..
commander of H.M.S. _Investigator_,
and the discoverer of the country now called South Australia,
was
on 12th Jan., 1841,
with the sanction of Lieut.-Colonel GAWLER, K.H.,
then Governor of the Colony, then set apart for,
and in the first year of the
Government of Captain G. GREY,
adorned with this monument,
to the perpetual memory of the illustrious navigator,
his honoured commander,
by JOHN FRANKLIN, Captain R.N., K.C.H., K.R., Lt.-Governor of
Van Diemen's Land.
FOOTNOTES:
[Footnote 1: The following is its title:--_Journal of Discovery, by me,
Abel Jans Tasman, of a Voyage from Batavia for making discoveries of the
unknown South Land_, 1642.--_Burney's Chronological History_, 1813.]
[Footnote 2: Discovered in the year 1505, by Don Pedro Mascarequas, a
Spanish navigator: he gave it the name of "Cerné." It was uninhabited,
and destitute of every species of quadruped. In 1598 it was visited by
the Dutch Admiral Van Neck, who finding it unoccupied gave it its
present name, in honor of Maurice, Prince of Holland. In 1601 a
Frenchman was found on the island by a Dutch captain. He had been left
by an English vessel, and had remained two years subsisting on turtle
and dates: his understanding was impaired by his long solitude. The
Dutch had a small fort, when it was visited by Tasman, which is
represented in the drawings that illustrated his journal. The Dutch
afterwards abandoned the island, and it has passed through many changes,
until it was conquered by Great Britain.--_Grant's History of the
Mauritius._]
[Footnote 3: Probably their fires: had they seen them, they could not
have fallen into error respecting their height.]
[Footnote 4: "The same romantic little rock, with its fringe of grey
ironstone shingle, still shelters itself under the castellated cliffs of
trap rock, on its northern and southern horns; embosomed in its
innermost recesses by a noble forest, whose green shades encroach upon
the verge of the ocean. It is less than half-a-mile across, and nearer
its northern than its southern extremity, the sea has cast up a key of
large grey rounded ironstone, which interrupts the equal curve of the
beach, and doubtless marks the spot where the ship's carpenter swam
ashore."--_Gell's Remarks on the First Discovery: Tasmanian Journal_,
vol. ii. p. 327.]
[Footnote 5: _Cook's Voyages._]
[Footnote 6: A folio edition of _Cook's Voyages_, published in the last
century, at the "King's Arms," Paternoster-row, London, contains the
following sentence, which, as perhaps the first example of invention in
reference to the country, may deserve remembrance:--"Stately groves,
rivers, and lawns, of vast extent." "Thickets full of birds of the most
beautiful plumage, of _various notes, whose melody was truly
enchanting_. It was _now_ the time (29th January!) when nature poured
forth her luxuriant exuberance, to clothe this country with rich
variety."--Vol. ii. p. 425.]
[Footnote 7: _Voyage of Perouse_ (translation). London, 1799.
Letters buried in a bottle, beneath a tree in Adventure Bay, were found
by Captain Bunker, of the _Venus_, in 1809, to which he was directed by
the words, still legible, "dig underneath;" and supposed, from his
imperfect knowledge of the language, that they were left by Perouse. In
this he was mistaken: they were deposited by D'Entrecasteaux, at his
second visit. _Bent's Almanack_, 1828, adopted Bunker's mistake: it was
copied by Mr. Widowson, who adds--"these letters were dated one month
after his departure from Port Jackson, and led to the opinion that the
expedition must have perished on some reef of Van Diemen's Land. In
consequence of this idea, the French government in 1791," &c. The first
mistake can be allowed for; but not that a discovery of letters in 1809,
prompted an expedition in 1791.]
[Footnote 8: _Hobart Town Gazette_, 1827.]
[Footnote 9: _Flinders' Introduction, &c._]
[Footnote 10:
Position of Low Head:--Lat. 41° 3' 30" S.
Long. 146° 48' 15" E.--_Flinders._]
[Footnote 11: _Collins_, vol. ii. p. 183.]
[Footnote 12: _Remarks by Robert Brown, F.R.S. Appendix to Flinders_,
vol. ii. p. 533.]
[Footnote 13: _Flinders_, vol. ii. p. 275. Jorgenson, the Dane, who was
a seaman on board the _Lady Nelson_, tender to the _Investigator_,
stated, in his rattling way, that she was in good condition, and
absurdly insinuated foul play. The _Investigator_ was cut down, and
returned to Europe in charge of Captain Kent, R.N.]
[Footnote 14: _Quarterly Review_, 1814.]
[Footnote 15: See _Flinders_, vol. i. p. 305.]
[Footnote 16: This statement, after Rev. Mr. Gell, is erroneous. Mougé
died from diseases occasioned by the climate of Timor, and the hardships
of the voyage (See Peron's work). He arrived in an exhausted and
consumptive state: when he attempted to land (20th January, 1802), he
fainted, and was instantly conveyed on board. He went no more on shore,
but to the grave. He was buried at the foot of a tree, at Maria Island,
and the name Point Mougé was given to the spot.
On the 17th January, the French were attacked by natives at Swan Port,
and Mougé was probably of the party. A native attempted to snatch the
drawings; "then to strike down our weak friend, when he was prevented by
those who ran to his assistance." The French say, they loaded them with
favors, and did not avenge this violence. It is, no doubt, this account
which Mr. Gell confused with the death of Mougé.]
[Footnote 17: "The famous northern confederacy placed England on the
verge of destruction, and Captain Hamilin had reason to fear that he
should not have been allowed to remain in port, or at least should be
refused succour; but the English received him with liberality, _grande
et loyale_: the first houses at Port Jackson were open, and the whole
resources of the colony were at the disposal of the French captain."
"Oftentime did they repeat that excellent maxim, that France first
inscribed on the code of nations: _causa scientiarum causa
populorum_"--the cause of science is the people's cause. So writes M.
Peron; but the benefit of these sentiments was denied Captain Flinders.]
[Footnote 18: _Cook's Voyages._]
[Footnote 19: _Tench's Narrative_, p. 99.]
[Footnote 20: "The _Astrolabe_, M. de la Perouse, and the _Boussole_, M.
de L'Angle, were lost on the S. W. side of Manicolo. On one stormy
dismal night, the oldest natives state, the vessels were blown upon a
reef. One was a complete wreck by day-light, and all hands perished!
From the other, however, some of the crew managed to effect a landing,
when many of them were massacred as they gained the shore, the natives
taking them for white spirits, with long noses (their cocked hats being
considered a part of the face!). As soon as the unfortunate mariners
were proved to be human beings, those that had escaped death from the
waves and the savages were allowed to remain unmolested. A small vessel
was built from the wrecks, which spot Captain Dillon saw; and as soon as
the bark was ready, the survivors, with the exception of two, left
Manicolo, and have never been heard of since! The natives further
represented, whilst on the island, that the strangers were continually
looking at the sun, and taking their usual observations. So late as six
years ago, the two Frenchmen were alive; but one joined a party of the
natives in a war, who were defeated: the other died at Manicolo about
three years since. Captain Dillon has secured several nautical
instruments, many silver spoons, a silver salver, which are all marked
with the _fleur-de-lis_; a pair of gold buckles, some China ware, a
Spanish dollar, a piece of the ornamental work of the stern of a ship
(with the arms of France) much decayed; several brass sheaves belonging
to a frigate's topmast, a composition pump, copper cooking utensils, a
large quantity of iron knees; the silver handle of a sword-guard that
was taken to Calcutta in the _St. Patrick_, which led to this important
discovery, and which bears the ciphers of the unfortunate Count; several
large brass guns, which were found where one vessel was totally wrecked;
together with about four or five tons of other valuable and recognisable
articles. Most of the houses, or huts, were found to have bags suspended
to their sides, and those contained human sculls in a decaying
condition; but whether they were of European or aboriginal extraction,
in the absence of an able phrenologist, could not be ascertained."--_Sydney
Gazette, January, 1828._
The following curious relation, is of a dream of John Maatzuiker, whose
name is given by Tasman to a rock on the coast. On the 11th of Feb.,
1662, he dreamed, "that he saw Arnold de Vlaming, member of the council
of India and admiral of the fleet, who sailed for his native country on
the 23rd of December, 1661, in extreme danger, and heard him call
several times for help." The dream was repeated: "he then remained
awake, noted the day," &c., "sealed it, and gave it to the other members
of government." "Accounts were brought from the Cape, that the same day
his ship and some others had sunk with man and mouse." "The paper still
remains at Batavia, or did twenty years ago."--_Collection of remarkable
Dreams, by Dr. Wm. Greve._ Amsterdam, 1819. The story is taken from _Old
and New West Indies. By François Valentijn_. vol. iv. p. 312.]
[Footnote 21: Rossel, the editor of _D'Entrecasteaux's Voyage_, on
returning homeward was captured by the English, and being a royalist was
employed in the admiralty; but when emigrants were permitted to return,
he went home, and was patronised by Napoleon. His account of
D'Entrecasteaux is more favorable than that in the work of
Labillardière.]
[Footnote 22: _Penny Cyclopædia_: art. Bass.]
[Footnote 23: _Ross's Almanack_, 1835.]
SECTION II.
The settlement of New Holland was proposed by Colonel Purry, in 1723: he
contended that in 33° south, a fertile region would be found, favorable
to European colonisation. He offered his theory to the British
government, then to the Dutch, and afterwards to the French; but with
little encouragement. His views were submitted to the Academy of
Sciences at Paris, who replied that "they could not judge of countries
they had not seen."[25] Thus the project slept, until the great English
navigator in 1770 gave certainty to what had been conjecture.
To Dalrymple, the hydrographer, the impulse of this enterprising era is
largely due. He fully believed that a vast southern continent must
exist, to balance the antipodes. So firm was his conviction, that he
defined its extent as "greater than the whole civilised part of Asia,
from Turkey to the extremity of China. Its trade would be sufficient to
maintain the power of Great Britain, employing all its manufactories and
ships." The position of this region of fancy was traversed by Cook, who
found nothing but ocean. The doctrine of terrestial counterpoise was
disturbed; he, however, alighted on a great reality.
The description of New South Wales by Cook and his companions, which
charmed the public, attracted the attention of the crown; and Botany
Bay, named on account of the variety and beauty of its vegetation--long
known through Europe as a region of gibbets, triangles, and chains; to
be celebrated hereafter as the mistress of nations--was selected for a
settlement. 565 men and 192 women, the pioneers of a larger division,
were embarked under the charge of a military force composed of
volunteers; comprehending, besides the staff, sixteen commissioned
officers.
The fleet consisted of H.M.S. _Sirius_, _Hyena_, and _Supply_; six
transports and three victuallers: they assembled at the Motherbank on
the 16th March, and sailed on the 13th May, 1787.[26] They touched at
Teneriffe, and then at the Cape. Separated into two divisions, they
reached their destination within forty-eight hours of each other. On the
day of their junction, dense clouds threw a gloom over the sea; but they
rejected the omen, and believed that they had seen "the foundation, and
not the fall of an empire." Having found the bay unsuitable for
location, they proceeded to examine the port called after Jackson, a
seaman, who observed it from the mast, and immortalised his name. As
they passed the capes, which form an entrance, they were in raptures
with the scene:--the tall mouldering cliffs; the trees, which touched
the water's edge; and the magnificent harbour, four miles in length,
begirt with a luxuriant shore.
It was on the 7th February, 1788, that the Governor was inaugurated: an
area being cleared for the purpose, the military marched to the ground
with music, and colors flying; 750 convicts, 212 marines and their
officers, were assembled. The standard of England was unfurled, the
commission of Phillip, the first governor, published, and the courts of
justice proclaimed. The usual formalities being complete, Phillip turned
to the prisoners, and declared his intentions. He had resolved to
cherish and render happy such as might deserve his favour; but to allow
the law its course with the impenitent and unreformed. In such language
we discern the sentiments which prevailed: banishment, not punishment
for past crimes, was implied in the cheering alternative. From that
moment he possessed authority to manumit not less absolute than the
sovereign, but immeasurably more power to avenge.
Those who first entered New Holland, and witnessed the elevation of the
royal standard on the shores of Port Jackson, described in terms of
despondency its barren soil, barely compensated by its salubrious
atmosphere. Contemporary political writers looked coldly on the infant
establishment, as the diseased and hopeless progeny of crime: one, which
could never recompense the outlay of the crown, either by its vigour or
its gratitude. The projects entertained, in connection with commerce,
were the growth of flax and the supply of naval timber, both of which
had been reported by Cook as indigenous to Norfolk Island. "When viewed
in a commercial light," Captain Tench observes (writing in 1789), "the
insignificance of the settlement is very striking." "Admitting the
possibility," he continues, "that the country will hereafter yield a
sufficiency of grain, the parent state must long supply the necessaries
of life. The idea of breeding cattle sufficient to meet the consumption,
must be considered very chimerical." Such desponding sentiments mostly
attend the first stages of colonisation; but in a much later period, the
enterprise was regarded with scarcely less suspicion: "Why," said a
celebrated critic, "we are to erect penitentiaries and prisons, at the
distance of half the diameter of the globe, and to incur the enormous
expense of feeding and transporting its inhabitants, it is extremely
difficult to discover. It is foolishly believed, that the colony of
Botany Bay unites our moral and commercial interests, and that we shall
receive, hereafter, an ample equivalent in the bales of goods, for all
the vices we export."[27] With what obstinacy an idea once mooted is
cherished, may be inferred from an opinion afterwards expressed by an
authority of still greater pretension:--"The most sanguine supporter of
New South Wales system of colonisation, will hardly promise himself any
advantage from the produce it may be able to supply."[28] Its corn and
wool, its timber and hemp, he excludes from the chances of European
commerce, and declares that the whale fishery, after repeated failures,
had been relinquished!
It is not less instructive than pleasing, to notice the past epochs of
opinion: we find consolation against the dark clouds overshadowing the
future, by discovering how many forebodings of ancient seers have
vanished before the light of the event.
These discouraging views were not, however, universal. Many
distinguished men imagined an advancement, which our age has been
sufficient to realise. To commemorate the foundation of the colony the
celebrated artist, Wedgewood, modelled, from clay brought from the
neighbourhood of Sydney, an allegorical medallion, which represented
Hope encouraging Art and Labor, under the influence of Peace.[29]
The French, however, always represented this colony as a masterpiece of
policy; an element of Anglican power, pregnant with events. Peron, when
dwelling on the moral prodigies of the settlement, declared that these
but disguised the real objects of its founders, which, however, could
not escape the discernment of statesmen: they saw the formidable germ of
great revolutions.[30]
The expedition of Baudin was connected by English politicians[31] with a
project of French colonisation. His instructions directed him to inspect
narrowly the places eligible for occupation, and it was expected that an
Australian Pondichery would become a new focus of rivalry and intrigue.
The special injunctions to survey the inlets of Van Diemen's Land,
seemed to indicate the probable site of an establishment so obnoxious.
Dr. Bass had, however, already examined this country with similar views,
especially the margin of the rivers. To him no spot on the eastern side
of the Derwent appeared to equal the neighbourhood of Risdon Creek,
around which he observed an expanding area of fertile land. He
delineated not less favorably the valley of the Tamar. This country he
considered preferable to New South Wales: with a greater proportion of
fertile soil, more amply supplied with water, and well adapted for
colonisation.[32]
FOOTNOTES:
[Footnote 24: _Introduction._ p. 120.]
[Footnote 25: _Literary Chronicle_, 1822.]
[Footnote 26: The incidents of the voyage are related by Captain Tench.]
[Footnote 27: _Edinburgh Review_, 1803.]
[Footnote 28: _Quarterly Review_, 1814.]
[Footnote 29: On this medal an author, quoted in _Phillip's Voyages_,
ventured a poetical prophecy, which has at least the merit of
truthfulness:--
VISIT OF HOPE TO SYDNEY COVE.
_Written by the author of the Botanic Garden_, 1791.
Where Sydney Cove her lucid bosom swells,
Courts her young navies, and the storm repels;
High on a rock, amid the troubled air,
HOPE stood sublime, and wav'd her golden hair.
"Hear me," she cried, "ye rising realms record
Time's opening scenes, and Truth's unerring word:
There shall broad streets their stately walls extend,
The circus widen, and the crescent bend;
There, ray'd from cities o'er the cultur'd land,
Shall bright canals and solid roads expand.
Embellish'd villas crown the landscape scene,
Farms wave with gold, and orchards blush between;
While with each breeze approaching vessels glide,
And northern treasures dance on every tide!"
Then ceas'd the nymph: tumultuous echoes roar,
And Joy's loud voice was heard from shore to shore.
Her graceful stops descending press'd the plain,
And Peace, and Art, and Labor, joined the train.
_--Governor Phillip's Voyage to Botany Bay._]
[Footnote 30: Vol. i. p. 12.]
[Footnote 31: _Quarterly Review._]
[Footnote 32: _Collins's New South Wales_, vol. i. p. 180.]
HISTORY OF TASMANIA.
FROM 1803 TO 1824.
FROM 1803 TO 1824.
SECTION I.
The establishment of a settlement in Van Diemen's Land, perhaps thus
hastened by the jealousy of a rival power, was at first chiefly intended
to relieve Port Jackson. Fifteen years had elapsed since its foundation,
and from six to seven thousand prisoners had been transported thither:
dispersion became necessary to security--to repress alike the vices of
the convicts, and the growing malversation of their taskmasters. The
want of prisons, or places of punishment, and the indolence and
intemperance of emancipist settlers, endangered authority.
In 1800, the transportation of the _defenders_ from Ireland, appears to
have created continual anxiety: a committee of officers was formed to
examine persons suspected, when Harold, a priest, was arrested, and
accused his fellow prisoners. His testimony was insidious, and
discredited; but the alarm led to the formation of a volunteer company
of a hundred persons, who armed for the suppression of rebellion. The
more distrusted of the Irish prisoners were conveyed to Norfolk Island;
there, some months after, a conspiracy was detected to massacre the
officers, and seize the island. On the night fixed for action, the plot
was discovered. An Irish servant, muttering words of compassion, was
overheard by his master: he was induced to explain, and was immediately
taken to Major Foveaux, the officer in command. The danger was imminent:
the warmth of the season (December) had tempted the soldiers to slumber
with open doors, and it was said that the sentinels were implicated who
that night kept watch. These being changed, and other precautions
adopted, the plotters postponed their design; and next day were marched
to church without suspicion. The door was beset with soldiers: the
leaders were arrested; one executed--and on the following day, the
blacksmith, charged with fabricating arms, was also hung. The necessity
for dispensing with the forms of law was not made out, and these summary
punishments were censured. That the danger was not imaginary, may,
however, be inferred from the after attempts at Port Jackson.
The military force of New South Wales, drawn together by a love of
adventure, or the hope of gain, when their own status was assailed, were
often exacting and severe: but they slightly sustained the moral
strength of the government. To select mistresses from the female
prisoners was one of their earliest and most valued prerogatives, who,
standing in this equivocal relation, became their agents and sold their
rum.
The Governor, after struggling to abate the abuses around him, yielded
to a pressure which seemed irresistible. He endeavoured to mollify by
his liberality, those he could not govern by restraint: he multiplied
licenses for the sale of rum, and emancipists aspired to commercial
rivalry with the suttlers in commission. The chief constable was himself
a publican, and the chief gaoler shared in the lucrative calling, and
sold spirits opposite the prison.
The moral laxity which prevailed, produced its natural
consequences--violations of discipline, which led to great crimes. The
offenders, to escape immediate punishments, retreated to the remote
districts; occasionally sheltered by the emancipist cotters. The feeble
resistance offered to their depredations, inspired, and almost justified
the prisoners in the hope, that the common bondage might be broken. A
large agricultural establishment, belonging to the government, at
Castle-hill, Parramatta, employed many Irishmen implicated in the recent
disorders of their country. These prompted the rest to attempt to
recover their liberty, but they were subdued by the military under Major
Johnstone: some were shot, and several executed.
In this unsatisfactory condition was the colony of Port Jackson, when
Van Diemen's Land was occupied. Its remote distance, its comparatively
small extent and insular form, fitted it for the purposes of penal
restraint--a place where the most turbulent and rapacious could find no
scope for their passions. Its ports closed against commerce, afforded
few means of escape. In New Holland, labor and produce were redundant:
overwhelming harvests reduced the price of grain so low, that it was
rejected by the merchants; goods could not be obtained in exchange;[33]
and the convicts at the disposal of government were a burden on its
hands--almost in a condition to defy its authority. Thus, Van Diemen's
Land was colonised; first, as a place of exile for the more felonious of
felons--the Botany Bay of Botany Bay--
"And in the lowest deep, a lower deep!"
Lieutenant Bowen, in the _Lady Nelson_, set sail from Sydney, and in
August, 1803, landed at Risdon, on the east bank of the Derwent: his
party included a few soldiers and prisoners, and Dr. Mountgarrat, the
surgeon. A far more important immigration soon followed.
Port Phillip, on the east coast of New Holland, first discovered by
Captain Murray in the _Lady Nelson_, 1799, was surveyed by Flinders in
1802, and in 1803 by Grimes, the surveyor-general. They reported the
country to be lightly timbered, to abound in herbage, and gentle slopes
suitable to the plough. The port offered an asylum against both war and
tempests, sufficient for the fleets of all nations.[34]
The establishment of a settlement at Port Phillip being determined on by
the ministry of Great Britain, an expedition was forwarded, which
consisted of the _Calcutta_, 50 guns, Captain Woodriff, and the _Ocean_,
a transport of 500 tons. In addition to the convicts, there were forty
marines, four hundred male prisoners, twelve free settlers and their
families, six unmarried women, six the wives of prisoners, and six
children. It is scarcely necessary to remark, that the morals of the
officers, or of the women, were not superior either to the service or to
the times. The events of the voyage, worthy of remembrance, were not
numerous; it was disturbed by rumours of plots and conspiracies;
punishments were not infrequent, and one woman was flogged for stealing
the cap of a companion.
The _Calcutta_ did not convey the settlers to the Derwent. On her return
to Great Britain, Lieutenant Tuckey published an account of the voyage to
Port Phillip, which he surveyed. In the year following (1805), the
_Calcutta_ was convoy to St. Helena, and encountered the Rochefort
squadron. Captain Woodriff determined to engage the whole division: the
merchantmen escaped; but the _Calcutta_, in the unequal contest, became
unmanageable, and struck her colors. Captain Woodriff was soon
exchanged, but Lieutenant Tuckey remained in captivity until the allied
armies entered France.
Promoted to the rank of commander, he received charge of the expedition
in 1816, sent to explore the Zaire; but with most of his people fell a
martyr to the spirit of African discovery. He is said to have been
handsome in person, and generous in hand. "He knew nothing of the value
of money, except as it enabled him to gratify the feelings of a
benevolent heart."[35]
The spot selected at Port Phillip, was ill-chosen as the site of a town,
and they found great difficulty in obtaining pure water. These
circumstances, represented by Collins to the Governor-in-chief, were
thought sufficient to justify a removal to Van Diemen's Land, and long
postponed the occupation of a country, inferior to few in this
hemisphere; a measure lamented by several of the settlers. A lady,
writing to her friends from the banks of the Derwent, censured, in terms
of great contempt, the relinquishment of Port Phillip, which she
described in glowing language: she seemed alone capable of estimating
its future importance; but she pronounced Van Diemen's Land a dreary and
desert region, destined never to prosper--thus she forfeited the credit
of prophecy.[36]
Several prisoners attempted to escape; in one instance, with a singular
result. Buckley, a man of gigantic stature, and two others, set off, it
was said, for China! They rambled for some distance together, and
suffered great misery: at last, they parted. Of his companions, Buckley
saw no more, and when he returned to the settlement all was deserted.
After months of solitary wandering, he found a tribe of natives, by whom
he was adopted: he remained among them for three-and-thirty years,
conforming to their barbarous customs, and forgetting his own language.
Once only he saw the faces of white men; a boat's crew landed to bury a
seaman: he endeavoured to arrest their attention; they looked at him
earnestly, but took him for a savage--he was dressed in a rug of
kangaroo skin, and was armed with spears. This man still survives: he
contributed to the friendly reception of his countrymen; but during his
long sojourn, he had imparted no ideas of civilisation.
The _Lady Nelson_ and the _Ocean_ conveyed the party from Port Phillip
to the Derwent. The situation of the camp at Risdon had been found
undesirable, they therefore landed at Sullivan's Cove. They arrived in
two divisions, on the 30th January and 16th February, 1804. The names of
the principal persons are as follows:--Lieutenant-Governor Collins; Rev.
R. Knopwood, chaplain; E. Bromley, surgeon superintendent; W. Anson,
colonial surgeon; M. Boden, W. Hopley, assistant surgeons; P. H.
Humphrey, mineralogist; Lieutenant Fosbrook, deputy-commissary-general;
G. P. Harris, deputy-surveyor; John Clarke and William Patterson,
superintendents of convicts; Lieutenants W. Sladen, J. M. Johnson, and
Edward Lord; 39 marines, 3 sergeants, 1 drummer, 1 fifer; and 367 male
prisoners.
Meantime, the _Lady Nelson_ was dispatched to Port Dalrymple, and
surveyed the entrance of the Tamar: the report being favorable, a small
party of prisoners were sent from Port Jackson, under Colonel Paterson,
to form a settlement, who landed in October, 1804, and for some time
held little intercourse with the settlement on the Derwent. Such were
the pioneers of this important colony; and to so many casual but
concurring incidents, we owe its existence.
The first annals of the settlement offer few events worthy of record.
The transactions of a community, which in 1810 did not comprehend more
than thirteen hundred and twenty-one persons,[37]--the greater part
subject to penal control--could not, unassociated with the present,
detain attention for a moment. The discipline which prevailed in Van
Diemen's Land, and the results which it produced, will be hereafter
related to illustrate transportation; for who would load the colonial
fame with details, from which the eyes of mankind turn with natural
disgust, or blend them with the fabric of Tasmanian history?
The first Governor-in-chief of Van Diemen's Land, the third of New South
Wales, was Philip Gidley King, son of Philip King, a draper, of
Launceston, Cornwall, England. At twelve years of age he entered the
royal navy: by Admiral Byron he was made lieutenant, and holding that
rank in the _Sirius_, he attended the expedition of Phillip in
1788.[38] He was employed to establish the settlement of Norfolk
Island, where his proceedings, recorded in his official journal, and
afterwards published in various forms, afforded great amusement and
satisfaction. There he united in his person, for some time, the priest
and the ruler: he experienced during his residence, most of the
anxieties and difficulties incident to such stations, and detailed them
with curious minuteness. As a cultivator he was energetic and
persevering; but the rats devoured his seed, or torrents washed it away:
or a tropical hurricane, which tore up huge trees, overthrew the frail
buildings he reared. His people conspired to seize his government; he
detected, and forgave them: yet he was not scrupulous in his methods of
punishment. A woman he repeatedly flogged, for stealing the provisions
of her neighbours. He, however, saw the little settlement gradually
improve: it became the favorite residence of the officers; and, as the
climate was better understood, the fertility of the soil yielded a
surpassing abundance.
King was not inattentive to his own interest, and became the owner of
considerable stock. Anecdotes of his humour circulate through the
colonies: being asked by a settler to find him a man to perform certain
work, he took him into his room and pointed him to a mirror. Again, when
a marine was the suitor for some favour, in rejecting his petition he
put him through his exercises, which ended in _quick march_. He had the
frankness of the sailor, and neither aspired to state nor exacted
homage.
David Collins, Esq., long judge advocate of New South Wales, was the
first Lieutenant-Governor of Van Diemen's Land. He was present with his
father, General Collins, at the battle at Bunker's Hill, and thus
witnessed an event accepted by exulting Europe as a signal that British
sway over that region was lost. It was the lot of Collins to proclaim
the dominion of Great Britain at the inauguration of Phillip, and thus
announced the first day of a second and not less valuable empire.
Such incidents teach us that a single life may embrace events beyond the
scope of imagination. We are reminded of the most brilliant passage in
the oratory of Burke, delivered while the authority of the crown was
trembling in the balance of fate. When illustrating how far the
realities of the future might exceed the visions of the present moment,
he stated that a venerable nobleman, Lord Bathurst, could remember when
American interests were a little speck, but which during his life had
grown to greater consequence than all the commercial achievements of
Great Britain in seventeen hundred years. "Fortunate man," he exclaimed,
"he has lived to see it: fortunate, indeed, if he lives to see nothing
which will vary the prospect, and cloud the setting of his day."[39]
Collins was favorably known to the public by his _Account of the English
Colony in New South Wales_: his work was distinguished by the reviewers,
amidst a crowd of publications, as superior to them all.[40] The
stateliness of his style, and the pomp with which he ushers trivial
events, were less apparent when the topics were new. In the last page
he, however, complains that he had spent nine years in the colonial
service, which intercepted the honors of his profession; a case of
hardship, he remarks, everywhere admitted, both by those who could
compensate, and those who could only condole.
In his dedication to Lord Hobart, the principal secretary of state, he
drops the tone of complaint and disappointment: he tells that nobleman
that his private virtues were rendered more conspicuous by the splendour
of his talents as a statesman, and that praise could not be interpreted
as flattery, when devoted to a name which commanded the veneration of
the world. Remonstrances so skilfully advanced could not be unnoticed:
Collins was at once raised to the rank of colonel, and the intelligence
with which he delineated the proper objects and agents of penal
government, exalted him still higher. He dated his dedication in 1802,
and embarked the following year as governor of the settlement it had
been resolved to form.
FOOTNOTES:
[Footnote 33: _Wentworth's New South Wales_, p. 210.]
[Footnote 34: _Flinders_, vol. i.]
[Footnote 35: _Narrative:_ published by authority of the Admiralty,
1818.]
[Footnote 36: "We arrived in October, 1803: my pen is not able to
describe half the beauties of that delightful spot: we were four months
there. Much to my mortification, as well as loss, we were obliged to
abandon the settlement, through the whim and caprice of the
Lieutenant-Governor: additional expense to government, and additional
loss to individuals, were incurred by removing to Van Diemen's Land,
which _can never be made to answer_. Port Phillip is my favorite, and
has my warmest wishes. During the time we were there, I never felt one
ache or pain, and I parted from it with more regret than I did from my
native land." The following is the endorsement of this letter:--"Dated
May 23rd, 1805; received October 10th, 1805--half a year! From an
officer's wife, Mrs. Hartley (quere Hopley?), to her sister."--_Collection
of Letters, for a History of New South Wales. By a Merchant._ London:
Valpy, 1812.]
[Footnote 37: Report of Commons on Transportation, 1812.]
[Footnote 38: _Phillip's Voyage_, p. 95.]
[Footnote 39: The reader will not be displeased to see the whole
passage. On the 22nd of March, 1775, upon moving his resolutions for
conciliation with America, Edmund Burke thus addressed the house:--
"Mr. Speaker,--I cannot prevail on myself to hurry over this great
consideration. It is good for us to be here. We stand where we have an
immense view of what is, and what is past. Clouds indeed, and darkness
rest upon the future. Let us, however, before we descend from the noble
eminence, reflect that this growth of our national prosperity has
happened within the short period of the life of man: it has happened
within sixty-eight years. There are those alive whose memory might touch
the two extremities. For instance, my Lord Bathurst might remember all
the stages of the progress. He was in 1704, of an age, at least, to be
made to comprehend such things. He was then old enough--_acta parentum
jam legere et quæ sit poterit cognoscere virtus_. Suppose, Sir, that the
angel of this auspicious youth, foreseeing the many virtues which made
him one of the most amiable, as he is one of the most fortunate men of
his age, had opened to him in vision, that when in the fourth generation
the third prince of the house of Brunswick had sat twelve years on the
throne of that nation, which (by the happy issue of moderate and healing
councils) was to be made Great Britain, he should see his son, Lord
Chancellor of England, turn back the current of hereditary dignity to
its fountain, and raise him to higher rank of peerage whilst he enriched
the family with a new one. If, amidst these bright and happy scenes of
domestic honor and prosperity, that angel should have drawn up the
curtain and unfolded the rising glories of his country, and whilst he
was gazing with admiration on the then commercial grandeur of England,
the genius should point out to him a little speck, scarce visible in the
mass of national interest--a small seminal principle rather than a
formed body--and should tell him: Young man, there is America, which at
this day serves for little more than to amuse you with stories of savage
men and uncouth manners; yet shall, before you taste death, show itself
equal to the whole of that commerce which now attracts the envy of the
world. Whatever England has been growing to by a progressive increase of
improvement, brought in by varieties of people, by succession of
civilising conquests, civilising settlements in a series of seventeen
hundred years, you shall see as much added to her by America in the
course of a single life! If this state of his country had been foretold
to him, would it not require all the fervid glow of enthusiasm to make
him believe it? Fortunate man, he has lived to see it: fortunate indeed,
if he lives to see nothing that shall vary the prospect, and cloud the
setting of his day."--_Parl. Hist._, vol. xviii. p. 487.]
[Footnote 40: _Edinburgh Review_, 1803.]
SECTION II.
When Collins determined to relinquish Risdon, after survey and
comparison of the places offered to his choice, he preferred the spot on
which stands Hobart Town, called after the name of his patron.
Imagination has traced in its natural outlines a resemblance to the
seven-hilled Roman capital, once the mistress of the world.[41] Its
chief recommendation was the stream which runs through the centre of the
city, whose margin was then beset with brushwood, and choked with
prostrate trees: these often obstructed its course, and threw over the
adjacent banks a flow of water, and thus formed marshes and pools.[42]
Hobart Town is built on the west side of the Derwent, a river named
after the Derwent in Cumberland, celebrated by Wordsworth, the laureate
of England, and the poet of the lakes, who thus associates with its
beauties the recollections of his childhood:--
"Among the mountains were we nursed, loved stream!
Thou near the eagle's nest,
Where thy deep voice could lull me."
"--------Glory of the vale!
Kept in perpetual verdure by the steam
Of thy soft breath."[43]
The county, including at first half the island, was called after the
same nobleman, who was then Lord Buckinghamshire.
The northern settlement, formed by Colonel Paterson,[44] was seated on
the Western Arm of the Tamar, and called York Town. In describing the
site, the difficulty of obtaining water is noticed by Flinders; but by
Dr. Bass, the adjacent land was represented as adapted for both
agriculture and pasture: he added, "If it should be ever proposed to
make a settlement, this part seems to merit particular attention." From
this spot the greater part of the new establishment was removed (1806)
to the country above the North and South Esk; where the colonists were
delighted to discover extensive plains equally suitable for tillage and
pasture, where not a tree obstructed the prospect.[45]
The Tamar was traced, and named by Paterson after a Cornish stream, and
the valley of Launceston, after a town in Cornwall, and both in honor of
Governor King. At Launceston he proposed to establish a sea port town,
for the northern section of the island. Port Dalrymple, as this
settlement was then called, was not under the government of Hobart Town
until 1812.[46]
The first communication between Hobart and Launceston was opened by
Lieutenant Laycock and his party, they were nine days in the journey,
and their unexpected appearance excited great astonishment at
Hobart.[47] A loaded cart was subsequently sent to Launceston, and
passed over the country without falling a single tree.[48]
The first Tasmanian house stood on land adjoining the Macquarie Hotel:
it was built by Lieutenant E. Lord, of wattle and dab--its windows, like
the port-holes of a vessel. That it was the first, constituted its chief
claim to distinction: it was considered as an achievement of
civilisation--a trophy gained upon the wilderness. All were not so well
lodged; yet such houses are soon reared. Posts, joined by wall plates,
fixed in the ground; woven with wattle rods, plastered with mingled
clay, sand, and wiry short grass, and whitened--a grass thatched roof; a
chimney of turf piled on stone, a door and a window: the cottage is
finished.
The removal of the settlers from Norfolk Island, colonised in 1788, was
the next most important event. On his return to Great Britain, Collins
visited that place, in company with Hunter, the late governor-in-chief.
On the whole, he represented Norfolk Island as by no means promising to
repay the annual cost, and it was resolved to abandon it.
In 1803, directions were issued by Lord Buckinghamshire (Lord Hobart).
The opposition of the settlers, and the fear of famine, for some time
occasioned delay. In 1805, only four free settlers had removed. The
order was renewed in 1808 by Mr. Windham, then secretary of state, and
Captain Bligh directed Captain Piper to compel the colonists to evacuate
the island, and even to shoot any one who might retreat to the woods to
avoid embarkation.[49] They were conveyed to this island chiefly in the
_Estramina_, _City of Edinburgh_, and _Sydney_: 254 arrived on 15th
October, 1808.[50]
Norfolk Island, so celebrated for its genial climate and unusual
fruitfulness, is of volcanic origin, and contains about 14,000 acres. It
lies on the 29th parallel,[51] north of New Zealand: it is nine hundred
and ninety miles from Port Jackson, thirteen hundred miles from the
Derwent, and until seen by Captain Cook, was probably never visited by
man. Norfolk Island has twenty-eight miles of sea shore: its greatest
elevation is Mount Pitt: it is a succession of hills and valleys. Its
lofty cliffs, which breast the ocean, are crowned by the elegant white
wood and the gigantic pine. The wild jasmine and convolvuli, which reach
from tree to tree, form bowers and walks of exquisite beauty. Twice in
the year the settler gathered his harvest: the lemon, the orange, and
the pine, shed their fragrance in profusion, and yielded the richest
fruit. Though liable to occasional storms and destructive insects, the
husbandman could scarcely be said to toil. Gentle showers frequently
refresh the undulating soil, and pour down rivulets to the ocean. Sea
breezes cool the atmosphere, and the diseases often incident to such
latitudes, are unknown; but no ships can anchor: it is a land unsuited
to commerce.
Thus it presented no incitement to exertion: it gave the indolent
abundance without labor; it afforded a leisure, in which man is prone to
degenerate and sink into the savage. Distillation from the cane produced
spirits, more than usually deleterious: unacquainted with the process by
which saccharine is crystalised, the settlers were unable to prepare
sugar. They found the raw rum destructive, and attributed its fatal
effects solely to the leaden worms![52]
In 1800, the population of Norfolk Island comprehended 960 souls:[53]
3,521 acres of land were granted; divided into farms of from ten to
thirty acres each. A station, where rather more refractory offenders
were sent, its government varied with the character of each officer. Of
the moral condition of the island nothing good could be expected, and
little favorable is remembered.
Always a place of banishment, even when a colony, Norfolk Island seemed
destined to exhibit the extremes of natural beauty and moral deformity.
The language of Holt, the Irish rebel, who spent several months there,
might be better suited to a latter period, but expressed the intensity
of his abhorrence, not wholly unfounded--"That barbarous island, the
dwelling place of devils in human shape; the refuse of Botany Bay--the
doubly damned!"[54]
On the determination of the government being announced, the settlers
manifested great repugnance: the elder people declared they would not
quit the country; it was, however, the decree of an irresistible will.
The inhabitants were offered a settlement in Van Diemen's Land or New
South Wales; mostly, they chose this country. They received from the
government whatever would contribute towards reconciling them to the
change. Vessels were provided for their removal, their possession in
land was doubled, and it was freed from all conditions and reservations.
They received cattle on loan, and they were rationed as new settlers
from the public stores. That the change was beneficial to the rising
generation can hardly be doubted; but the effect on the parents was
generally painful. Time was required to equal the cultivation of the
spot they had left, compared with which even Van Diemen's Land seemed
blank and barren. Years after, they spoke of the change with regret and
sadness.
The settlers, divided into three classes, according to their origin or
wealth, were located part in the neighbourhood of Hobart Town, at
Pittwater, and New Norfolk, and part at Norfolk Plains. Thirty, forty,
or fifty acres was the ordinary grant, until a later period: a large
extent was neither possessed nor desired. Many valued nothing but the
immediate benefits to which their character as immigrant farmers then
entitled them. They drew their rations from the royal stores, and
bartered away their homesteads for a few bottles of spirit; and it was
no idle boast, that a keg of rum was then worth more than a common farm.
Their hopeless and dissipated state is remarked in every document of the
times: their frail dwellings soon exhibited all the signs of decay, and
their ground was exhausted by continual cropping. Thus the exhilarating
influences of youth and vigour, usual in the first steps of
colonisation, were here unknown, and a civilising agency rarely
counteracted the social evils which prevailed. The transactions of those
early days are scarcely colonial: charged with debauch and outrage, they
denote a time of social disorganisation--the dark ages found in the
history of every country, where men have been their own masters, and
remote from a public opinion, which cannot be corrupted or controlled.
There were, however, a few settlers from Norfolk Island, distinguished
from the rest by their enterprise and diligence, and who rose to wealth;
but in glancing down the list, a colonist observes how few have retained
their heritage.
During the administration of Colonel Collins, the progress of the colony
was barely perceptible. There were no roads in the interior; no public
buildings: the house of the governor was a mere cottage, too mean for
the accommodation of a modern mechanic.
The transfer commenced at the close of 1805. The _Sydney_, Captain
Forrest, was employed to convey to the Derwent a party of the settlers,
and the stock belonging to the governor-in-chief: this was purchased by
Mr. George Guest, who sold the sheep at £5 per head, and was repaid in
cattle. In the _Sydney_, Joseph Holt, now discharged from restraint,
visited Van Diemen's Land, and contributed to its welfare by his
agricultural and pastoral experience. He found Collins still living in
a tent. A few acres of land had been cultivated at New Town by convicts,
in charge of Clarke, the superintendent: cattle had arrived from Bengal,
and sheep from Port Jackson; but the progress of the settlement had
hitherto been slow.
In New South Wales,[55] gangs of men, stripped to the waist, labored
together, and were exposed to rigorous discipline, common to slaves.
These methods of tillage were introduced into Van Diemen's Land, where
as yet there were no fields prepared for the plough, nor beast of
draught to facilitate human toil. The chief overseers were not skilled
in cultivation: one had been a shoemaker, the other a tailor; and while
they were expecting large returns, they were ignorant that the full ears
which promised an abundant yield, were smut, not grain. This early
failure was attended with disastrous results.
On the arrival of the _Sydney_, Collins looked narrowly into the
probable resources at his disposal, and sent Joseph Holt to examine the
land on the Derwent, with a view to future location. He proceeded along
its shores, until a ledge of rocks obstructed the passage of his boat:
then ascending an eminence, not less in apparent height than the
Dromedary Mountain, "I sat down," he writes, "on its top, and saw the
finest country eyes ever beheld." This was that extensive district
which, from the previous residence of its occupiers, was named New
Norfolk. The spot whence he surveyed the subjacent land he called Mount
Casha.
Joseph Holt, general of the rebel army of Wexford in 1798, at one time
commanded 1,300 men. Memoirs, written by himself, were purchased by the
keeper of the Irish records, and were edited by Thomas Crofton Croker.
The result of that sanguinary struggle added considerable numbers to the
population of these colonies, but on various terms. Holt was an exile,
though often treated as a convict. As a commander he displayed great
natural talents, courage, and fidelity. He ascribed his position as a
rebel, solely to necessity of choosing between immediate death or
insurrection. A neighbour wrecked his property, and denounced him a
traitor in revenge: then loyal men were privileged to condemn without
trial, and slaughter on the spot. In New South Wales, Holt was often
suspected of sedition: he was imprisoned, and was forwarded to Norfolk
Island without trial; on returning to Port Jackson, he visited the
Derwent. Of Collins, Holt speaks with great enthusiasm, as the most
lenient of the governors, and the finest of gentlemen: when he entered
the forests, absconders would fall down on their knees before him, and
obtain his forgiveness.[56]
Holt's notices of this place are scanty, and of the people more so; but
he observes that the daughter of Mrs. Hayes was a "beautiful girl: the
prettiest violet I saw growing on the Derwent." Of such charms he was no
mean judge.[57] Collins was desirous that Holt should settle on the
Derwent, and wrote to Governor King for his consent: the knowledge he
possessed of the treatment of stock, it was thought, would have been
useful; but he resolved not to move farther from the port of
embarkation. He at length returned to Ireland, with £2,000--a step he
lived to deplore.
The settlement was early involved in great difficulties. The hoe, the
usual implement of husbandry, effected but a slow and discouraging
progress: supplies from Port Jackson were forwarded in small quantities,
and were soon altogether interrupted. In 1806 a disaster occurred, which
reduced the elder colony to severe privation. The tempting fertility of
of the land bordering on the Hawkesbury, the Nile of this hemisphere,
induced the petty farmers, whose homesteads dotted its margin, to
overlook its dangers. An inundation, remembered as the _great_ flood,
exceeded all former devastations: vast torrents, of which the origin was
unknown, descended from the mountains, and pouring down with prodigious
violence, suddenly filled and overflowed the channels of the river; and
rising to the height of sixty and eighty feet in a few hours, swept
away the stacks of corn, the live stock, and even the dwellings. A
vessel approaching the coast, saw fragments of the floating ruins many
miles distant from the shore. Thus, lately possessing a superabundant
store, the poor suffered extreme destitution, and the price of maize and
wheat rose to £5 and £6 per bushel.[58]
Unable to succour this colony, the government left it to its own
resources, and for several years the scarcity continued with various
intensity. The kangaroo hunters were the chief purveyors of food. The
officers allowed servants, sent them to the woods, and sold their spoil
to government. Considerable profits were made by the more successful:
the commissariat allowed 1_s._ 6_d._ per lb., and the foundation of some
fortunes were laid by persons whose servants were faithful and expert. A
marine, assisted by two convicts, delivered to the king's stores, 1000
lbs. of kangaroo per month, and continued in this occupation for several
years. A few coarse biscuits were distributed while they lasted, but the
substitute for bread was the dried and pounded flesh of kangaroo! The
government, unable to feed, could no longer task the prisoners: to
lessen the pressure, they were sometimes permitted to disperse in search
of subsistence, and thus laid the foundation of those lawless habits
which afterwards brought the colony to the verge of ruin.
The _Sydney_ had been chartered to India for wheat, but was lost, and
the colony disappointed of the expected relief. When this calamity
became known, a second effort was made: Colonel Paterson, while acting
Governor of New South Wales, contracted with Captain Bunker, of the
_Venus_, to bring a cargo of wheat from Bengal. It was not until 1810,
that she anchored in the Derwent: the dread of famine was removed, and
wheat was now valued at 12s. a bushel. The change of seed enabled the
farmers to clear their ground of that mixed and inferior grain which had
disappointed all attempts at agricultural independence.[59]
When at Bengal, the captain of the _Venus_ received from the governor
two prisoners, supposed to be cast-aways from a vessel seized at Port
Jackson. Stewart, formerly a lieutenant in the navy, secretly contrived
a plan to take the _Harrington_, a vessel richly laden, and provisioned
for a long voyage. The wind blew fair as she lay in Sydney harbour, a
tempting prize: embracing the favorable moment, Stewart called together
several companions whom he could trust, and submitted his project, at
the instant proper for its execution--the first successfully attempted
by prisoners. Thus, before suspicion was awakened, he had seized a
boat, hurried on board, mastered the crew, and was scudding before the
breeze. But at sea his good fortune forsook him: the _Harrington_ was
recaptured by the _Greyhound_, and both vessels were lost on the coast
of Luconia.[60]
These pirates were permitted to land at the Derwent, and were left
behind by the _Venus_. They were found at the house of Garth, a settler,
by soldiers sent to seize spirits secretly landed from the vessel.
Mistaking the errand of the soldiers, one of these men called on his
comrade to resist them; and being enraged by a refusal, he fired, and
inflicted a mortal wound.[61] Such complicated crime was not
extraordinary; but the kind of force necessary in the civil government,
and the shelter afforded to outlaws, were symptoms of social disorder,
which soon after assumed an alarming character.
It was the misfortune of Collins to be involved with the parties
responsible in the deposition of Governor Bligh. This remarkable
deviation from the ordinary conduct of British soldiers, has been
attributed partly to the composition of the military force raised for
that colony, and partly to the temper of Bligh. The officers merged the
military character in the mercantile spirit, and were accustomed to
enjoy privileges in virtue of their commissions, which they converted
into a monopoly of trade. The distance of New South Wales from the
centre of commerce, induced the crown to provide for the settlers the
miscellaneous articles which are usually kept only by the shopkeepers.
At Port Jackson, there were public magazines stored with every requisite
for domestic use, such as potters' ware, utensils for the kitchen, and
the implements of farming.[62] These were issued at stated prices,
rather less than such commodities cost in Europe; but to prevent them
becoming the objects of speculation, an official order for every issue,
specifying the article, was necessary. Such methods of distribution
gave, notwithstanding, ample room for partiality and corruption. On the
arrival of Bligh, he found the improvident settlers, discontented and
poor, completely in the hands of the martial dealers. Perhaps, from a
love of justice, he attempted to rescue them from the grasp of these
intermediate agents, who bought their produce at a narrow price, and
gave them in exchange goods bearing an enormous per centage.[63] Bligh
permitted the farmers to draw from the public magazine whatever was
necessary for private use, and took their engagement to deliver their
grain to the stores at the close of the harvest. This interruption to
the customary dealings of the officers, naturally provoked them: Bligh
reciprocated their aversion, and resented their disrespect. It is,
indeed, stated by Wentworth, that this unfortunate officer renewed in
New South Wales, the same tyranny which it is alleged had driven seamen
of the _Bounty_ to mutiny: that his disposition was brutal, and that he
refined on the modes of inflicting torture.[64]
Bligh was arrested on the 26th January, 1808. A complicated quarrel with
Mr. Macarthur, formerly paymaster of the New South Wales corps, arising
out of mercantile transactions, was the occasion of the military
insurrection. Having refused to attend a summons, Macarthur was
apprehended on a warrant, and committed for trial: he was charged with
an intention to stir up the people of the colony to hatred of the
governor and of government--words of ominous import, when read in the
light of colonial history.[65] Except the president of the court, the
officers were more favorable to the accused than to the governor, and
regarded him as the victim of a common cause. In his address to the
court, Mr. Macarthur objected to the judge advocate, as a person
disreputable in character, and actuated by feelings of hostility against
himself. That functionary then threatened to commit Macarthur for
contempt: Captain Anthony Fenn Kemp interposed, with a threat "to
commit the judge advocate himself;" who, seeing among the spectators
many soldiers wearing side-arms, and fearing for his personal safety,
left the bench. Macarthur again appealled to his military brethren to
preserve him from the ruffian constabulary: they immediately ordered the
soldiers present to protect him against the peace officers. This
interference was represented as an illegal rescue; Macarthur, however,
surrendered to the provost marshal, and was lodged in gaol.
The governor resolved to bring to trial the six officers who had
repelled the judge advocate, for treasonable practices; and, as a
preliminary step, ordered that they should appear before the bench of
magistrates, of whom Colonel Johnston, their commander, was one. It was
now supposed, that Bligh intended to constitute a novel court of
criminal jurisdiction, and that he had resolved to carry to the last
extremes the hostility he had declared. Colonel Johnston, as a measure
of self defence, was induced to march his regiment to government house,
and place his Excellency under arrest--demanding his sword, and his
commission as governor.[66]
This transaction throughout, caused a very strong sensation, both in the
colony and at home. Opinions widely differ respecting its origin and its
necessity. That it was illegal, it may be presumed, no one will deny:
that it was wanton, is not so indisputable. The unfortunate termination
of Bligh's first expedition to Tahiti, the imputations of harshness and
cruelty for ever fastened to his name, and the disreputable agents he
sometimes employed in his service, made the position of the officers
extremely anxious, if not insecure. Bligh had become popular with the
expiree settlers, who reckoned a long arrear of vengeance to their
military taskmasters; and who, with the law on their side, or
encouragement from the governor, might have been expected to shew no
mercy. Had Bligh escaped to the interior, the personal safety of the
officers might have been perilled. The settlers, led on by the undoubted
representative of the crown, would have been able to justify any step
necessary for the recovery of his authority, and at whatever sacrifice
of life.
Bligh was permitted to embark on board the _Porpoise_[67], to proceed
forthwith to Great Britain, engaging not to communicate with any
intermediate British colony. He bound himself upon his honor as an
officer and a gentlemen to attempt nothing to the disturbance of the
existing government, pending the reference to Downing-street. This
agreement he made with Colonel Paterson, who had no part in the revolt.
When upon the quarter-deck of the _Porpoise_, he repudiated these
engagements, and ordered Lieutenant Kent, then in command, to batter
down Sydney, and to restore his authority by force;--a task he declined.
He, however, sailed for the Derwent, where his vessel was still lying,
when unknown to him Macquarie arrived in New South Wales. Bligh had
dispatched information of the insurrection at the earliest opportunity,
and the ministers lost no time in forwarding new troops. The ships
approached the harbour, prepared to pour in a broadside, but the
government was instantly delivered up to the newly appointed head, by
Colonel Paterson, the officer in command. The greater part of his
official acts were prudently confirmed by Governor Macquarie, although
the gifts and appointments of the interim government were declared null
and void.
When Bligh arrived at Hobart Town, he was received by Collins with the
respect due to his station; he was, however, soon followed by
despatches, which informed the lieutenant-governor of the movements at
Sydney. Collins, Bligh stated, intended to arrest him; at all events he
re-embarked, and the settlers were interdicted from holding
communication. A free man, Mr. Belbin, was flogged for the infraction of
this order, but afterwards received a grant from the crown in reward for
his loyalty. Mr. George Guest espoused the same side: the vessel was
ill-provisioned, and he secretly drove down his cattle to the beach,
where some were slaughtered for the use of the _Porpoise_.
In extenuation of the conduct of Collins, it will be remembered that
Bligh was already deposed, when he appeared in the Derwent; and that his
attempted resumption of office was a breach of his parole. The
impression prevailed that Bligh, if restored, would exact sanguinary
vengeance. The union of the officers was requisite to preserve order,
even in the most quiet times: when deprived of military authority, it
was the moral duty of Bligh to await the interference of the supreme
government, and not needlessly expose those whom he was unable to
protect, to the double danger of disloyalty and faction.
Bligh returned to Port Jackson: though the time for his honorary
restitution was passed, he was received with respectful formality. A
proclamation had already been issued, prohibiting suits of law for
injuries suffered from the usurping government, and giving indemnity and
protection to all who had acted under its authority; but Bligh was
empowered to carry home all who might be able to throw light on his
deposition. This order must have terminated the government of Collins,
had he survived. Colonel Johnstone was tried and cashiered (but
permitted to sell his commission), and the mildness of his sentence was
attributed by the crown to the extraordinary circumstance of the
case.[68]
This was the last important occurrence in the eventful life of Collins:
he died on the 24th March, 1810, in the fifty-sixth year of his age,
having held the administration six years and thirty-six days. His death
was sudden: except a slight cold, there was little warning of its
approach. He died whilst sitting in his chair, and conversing with his
attendant. His funeral was celebrated with all the pomp the colony could
command, and 600 persons were present.[69] The share he accepted in the
responsibility of the deposition of Bligh, disturbed his tranquillity,
and it was thought hastened his end.
In 1810, Collins attempted to establish a newspaper--_The Derwent Star,
and Van Diemen's Land Intelligencer_.[70] Though but a quarto leaf, with
broad margin, and all the contrivances which dilate the substance of a
journal, it was much too large for the settlement--where often there was
nothing to sell; where a birth or marriage was published sooner than a
paragraph could be printed; where a taste for general literature had no
existence, and politics were excluded. The chief contents were droll
anecdotes and odd exploits. The second number contains a rather pompous
account of Governor Macquarie's inauguration at Sydney. The next issue,
beside a government order or two, describes the feat of Barclay, the
pedestrian--a thousand miles in a thousand hours; the wonderful
longevity of Joseph Ram, a black of Jamaica, who died in his 140th year;
then the greatness of Lambert, whose body weighed 52 lbs. fourteen times
told; and who was sent by an inclined plane into his grave. Then follow
an eulogy on the governor's profession, one trial, one ship, two births,
and one marriage. The notice of a wedding is characteristic and
unique--the first published by the Tasmanian press:--"On Monday, 26th
ult., R. C. Burrows to Elizabeth Tucker, both late of Norfolk Island.
They had cohabited together fourteen years, verifying at last the old
adage--_better late than never_."[71] Such were the topics of this
ephemeral journal, which, however, survived the governor himself. In the
number published a few days before his decease, are the following
lines:--
"And thou, dear Cobham, with thy latest breath
Shall feel thy ruling passion strong in death:
Such in that moment, as in all the past:
'O, save my country, heaven!' shall be thy last."
Collins was the son of General Arthur Tooker Collins and Harriet Fraser,
of Pack, in King's County, Ireland: he was the grandson of Arthur
Collins, author of the _Peerage of England_.[72] At fourteen years of
age he was lieutenant of marines; two years after, he commanded the
military guard which attended Matilda, Queen of Denmark, to her
brother's Hanoverian dominions, and had the honor of kissing her hand.
It is said that, three years subsequent, he distinguished himself in
that fatal conflict already noticed--the battle of Bunker's Hill. In
1774, he was captain of marines in the _Courageux_, of 74 guns,
commanded by Lord Mulgrave, and was present with Lord Howe, at the
relief of Gibraltar. At the peace of 1782, he retired to Rochester, in
Kent, with his lady, an American, who survived him. The despatch,
announcing his decease, was filled with lamentations: "I am sure," said
the writer, "when I speak the feelings of my heart on this melancholy
occasion, that it is not my single voice, but that of every department
whatsoever in the settlement, who with the most heartfelt regret
acknowledge him to have been the father and the friend of all," His
person was remarkably handsome, and his manners prepossessing: to a
cultivated understanding, and an early fondness for literature, he
joined a most cheerful and social disposition.
Colonel Collins was buried in the church-yard of St. David's, Hobart
Town. To provide a temporary place for public worship, a small wooden
church was erected on the spot, and its altar was reared over his grave.
This building was blown down in a tempest, and its materials being
carried off, left the resting place of Collins long exposed to the
careless tread of the stranger. Sir John Franklin, always generous to
the memory of official worth, reared a monument, bearing this
inscription:--
Sacred
to the Memory of
DAVID COLLINS, ESQ.,
Lieutenant Governor of this Colony,
and Lieutenant Colonel of the Royal Marine Forces.
On the first establishment of the colony of
New South Wales he was employed as Judge Advocate,
And in the year 1803
he was entrusted by his Majesty's government
with the command of an expedition,
destined to form a settlement at Port Phillip,
on the south coast of New Holland;
but which was subsequently removed to
Van Diemen's Land.
* * * * *
Under his direction as Lieutenant Governor,
the site of this town was chosen,
and the foundation of its first building
laid in 1804.
He died here on the 28th of March, 1810,[73]
aged 56 years.
And this monument long projected
was erected to his memory in 1838,
by direction of His Excellency
SIR JOHN FRANKLIN, K.C.H., K.R.
FOOTNOTES:
[Footnote 41: _Ross's Almanack_, 1829.]
[Footnote 42: Ibid, 1835.]
[Footnote 43: _Wordsworth's Sonnet to the Derwent._]
[Footnote 44: Colonel Paterson had been distinguished by his researches
in Africa, and had gained considerable reputation as a botanist. This
spirit of enterprise and intelligence he always preserved: he directed
the government botanical establishment at Parramatta, and the French
delineated his attainments with more than their usual enthusiasm. He
superintended the exotic plantation provided for the colonies, and the
repository of native shrubs intended for the gardens at Kew. His name
not unfrequently occurs as an adjunct to the scientific descriptions of
the botanist. Formerly acting governor and commander of the military
corps of New South Wales, he was not unsuitable for the more direct
duties of his office. It is, however, as a naturalist that he is
remembered. _He planted trees_: some are still growing amidst the
desolation of York Town. He was the first who attempted to improve the
grass of the country. He was the author of a volume of travels,
published in 1789, entitled, _Narrative of Four Journies into the
Country of the Hottentots and Caffraria, in the years_ 1777-8, _and_ 9.]
[Footnote 45: _Sydney Gazette_, 1806.]
[Footnote 46: Ibid, May, 1812.]
[Footnote 47: Ibid, May, 1807.]
[Footnote 48: Lieut. Lord's Evidence, Par. Pap., 1812.]
[Footnote 49: Johnstone's Trial, p. 337.]
[Footnote 50: _Sydney Gazette_, 1808.]
[Footnote 51: "After numerous observations, we found it--Lat. 29° 4'
40". Long. 161° 12' East Greenwich."--_Hunter's Historical Journal._]
[Footnote 52: _Backhouse's Journal._]
[Footnote 53: Collins.]
[Footnote 54: Holt gives the following curious anecdote:--"The Rev.
Henry Fulton was reading the commandments, when Tony Chandler sung
out--'turn out, you d----d villians, and launch the boat!' As I was
going out, I said to Mr. Fulton, 'I perceive Tony Chandler's word has
more power here than the word of God.' Fulton smiled, and shook his
head."--_Memoirs_, vol. ii. p. 232.]
[Footnote 55: "At a distance, I saw about fifty men at work, as I
thought dressed in nankeen jackets, but on nearer approach I found them
naked, except trousers: they had each a kind of large hoe, about nine
inches deep and eight wide, and the handle as thick as a shovel, with
which they turned up the ground."-_Holt's Memoirs_, vol. ii. p. 79.]
[Footnote 56: The work is written with considerable strength of
delineation; although his accounts are not quite safe authority for the
character of his enemies. His words he spelled after a provincial
pronunciation: thus, describing the crew of the _Sydney_, he writes,
instead of Sepoys and Lascars, "Saypies and Glascars."]
[Footnote 57: Of the women at Rio, he says--"Their skin is equal in
clearness to the skin of a new laid egg: their eyes black as sloes;
their hair like polished jet; their teeth as even as rows of printing,
and as white as pearls; their eye-brows like those of a doll: their feet
and legs, as if they were modelled in wax-work. They are the most
complete patterns of the neatest form of a woman!"]
[Footnote 58: Wentworth.]
[Footnote 59: _Derwent Star, January_, 1810.]
[Footnote 60: _Cunningham's Two Years in New South Wales_, p. 201.]
[Footnote 61: _Derwent Star, February_, 1810.]
[Footnote 62: _Peron's Voyage._]
[Footnote 63: "It was, we must confess, very provoking to see the
officers draw goods from the public store, to traffic in them for their
own private gain, which goods were sent out for the advantage of the
settlers, who were compelled to deal with those huckster officers for
such articles as they might require; giving them from 50 to 500 per
cent. profit, and paying them in grain."--_Memoirs of Holt_, vol. ii. p.
296.]
[Footnote 64: The instance given by Mr. Wentworth (p. 202), of a man who
was sent by Bligh with a note to the constable, who was directed to flog
him, without informing him of its purport, however it might read in
London, will not seem enormous to a colonist, who could produce many
parallel cases; it was a practice too common.]
[Footnote 65: In 1702, Colonel Bayard was tried in New York, charged
with having used divers indirect practices and endeavours to procure
mutiny and desertion among the soldiers in the fort, &c. For sending a
petition to the home government, which received a few military
signatures, against the governor and the ruling faction, he was
condemned to death--in the horrid terms included in the penalty of high
treason. Before the sentence was executed, Lord Cornbury arrived: the
chief justice _fled to England_; Lord Cornbury, however, it is said;
destroyed the factions of New York, by oppressing them both: "and the
contest soon began, which ended in the establishment of a free and
independent nation."--_Chandler's American Trials._ Boston: vol. i. p.
294.]
[Footnote 66: _Lang's History of New South Wales_, vol. i. p. 110.]
[Footnote 67: Dr. Lang states, that "he was obliged to sign an agreement
to quit the colony forthwith; but instead of proceeding to England,
Governor Bligh landed at the Derwent."--(vol. i. p. 121). And seems
rather to extenuate this breach of faith. Were no agreement of this
class binding the rigours of captivity and civil strife could never be
mitigated. The following is Bligh's own statement:--"I took the
_Porpoise_ on the terms they proposed to me, and the moment I got the
command of the _Porpoise_, I took care to keep it, and would not suffer
any of these terms, or any thing which they said to have the least
influence on my mind."--Johnstone's trial, p. 33.]
[Footnote 68: Horse Guards. July 1811.]
[Footnote 69: _New South Wales Gazette_, 1810.]
[Footnote 70: Printed by J. Barnes and T. Clark, at the Government
Press, Hobart Town.]
[Footnote 71: _Derwent Star, March 6th_, 1810.]
[Footnote 72: _Collins's Peerage_: of venerable authority.--_Quarterly
Review_, 1820.]
SECTION III.
On the demise of Colonel Collins, the government devolved on Lieutenant
Edward Lord, until the arrival of Captain Murray, of the 73rd regiment.
The governor-in-chief visited Van Diemen's Land during Captain Murray's
administration. This auspicious event was the subject of great
exultation. Macquarie was received with all possible formality and
tokens of gladness: a salute from a battery of no great power; an
illumination in the small windows of the scattered cottages; and
addresses delivered by delegates, not bound to declare the number of
their constituents.[74]
Nothing remarkable is remembered of this visit, except that Macquarie
traced the future city. He complained of the utter neglect of right
lines in the erection of dwellings, which advanced or retreated
according to the whim of the builder. The centre of the projected town
he called St. George's Square: in this he intended to rear a church and
town hall, and the quarters of the main guard: the open space he
designed for a market. The streets which intersect each other he called
by the names which still distinguish them: Liverpool-street after the
minister of that name; Macquarie-street after himself; Elizabeth-street
in honor of his lady; Argyle-street, of their native country; and
Murray-street in compliment to the officer in command. The plan sketched
by Macquarie has not been absolutely followed, nor has it been improved.
He ordered the erection of a signal staff on Mount Nelson, named after
the vessel which brought him to port, and conveyed him safely to Port
Jackson. The settlers on the Derwent expressed a fervent admiration of
his devotedness in thus venturing to face the dangers of the visit;
especially accompanied by his consort--so they distinguished Mrs.
Macquarie. The governor merited their gratitude, for his hand was
liberal.[75]
In February, 1812, Colonel Geils became acting Lieutenant-Governor, and
remained until the arrival of Colonel Davey. Colonel Geils devoted great
attention to agricultural pursuits, and first formed at Risdon a
considerable farming establishment. Ordered to India with the troops
under his command, he forwarded his youthful sons to the Cape of Good
Hope, thence to be conveyed to England. The colonists heard soon after
with deep commiseration, that the vessel in which they re-embarked was
lost.
Colonel Davey, the second Governor of Van Diemen's Land, arrived on the
4th February, 1813. His manner of entrance indicated the peculiarity of
his character, for the weather being warm he carried his coat on his
arm, and announced himself at the house where he sought temporary
accommodations: nor did his subsequent administration differ from its
unceremonious beginning. He took pleasure in practical jokes and rough
humour: his countenance was strongly marked, and, by a peculiar motion
of the scalp, he delighted to throw his forehead into comical
contortions. He shared in common a taste for spirituous liquors, and was
not unwilling to participate wherever he was welcome as a guest. On what
principle he was selected to conduct the affairs of a remote and
reformatory settlement, it would be useless to conjecture. As a marine,
he had been present in many important actions; among the rest, at the
battle of Trafalgar. His intended departure from England he concealed
from his family, by whom it was discovered accidentally: they reached
the vessel by extraordinary exertions, and in neglect of all the usual
preparations for the voyage. The ship which conveyed his luggage was
taken by the Americans, during the war--for him a fortunate loss:
indemnified by the largest grant ever conferred in this island (3,000
acres); for it was not pretended that the captors could have made an
extensive prize.
Mrs. Davey, a lady of a meek and uncomplaining spirit, is spoken of with
respect, and the governor himself with kindness; for under a rough
exterior was concealed a generous disposition.
During Davey's government, two hundred female prisoners were brought
down from Sydney, in the brig _Kangaroo_: proclamation was made, and the
settlers were invited to receive them. There was little delicacy of
choice: they landed, and vanished; and some carried into the bush,
changed their destination before they reached their homes. Yet such is
the power of social affections, several of these unions yielded all the
ordinary consolations of domestic life!
The conveniences of civilisation were not wholly neglected. The ports
were opened for general commerce (June, 1813): houses of trade were
established, and Messrs. Kemp and Gatehouse, Messrs. E. Lord and J. H.
Reibey, supplied the colony with English goods: the most necessary
articles had often been wanting. The settlers purchased even the
clothing of the prisoners, as preferable to the skins of animals by
which they were often clad.
The resources of the colony were developed: Mr. Birch, an enterprising
merchant, fitted out a vessel to survey the western coasts (1816), and
Captain Kelly discovered Macquarie Harbour and Port Davey: Captain
Florence found a new species of pine, very highly valued by artificers.
Mr. Birch was rewarded with one year's monopoly of the trade he had
opened.
The whale fishery was considerably enlarged: corn was exported; the
plough introduced, and gradually superseded the hoe; a mill erected; and
(February, 1817) the foundation of St. David's Church was laid. Passage
boats connected the banks of the Derwent; a civil court for the recovery
of debts, not exceeding £50, was established. A newspaper--a second time
attempted in 1814 without success, when the commercial strength of the
community was indicated by two or three advertisements--was at length
published under better auspices. On the 1st June, 1816, Mr. Andrew Bent
issued the first number of the _Hobart Town Gazette and Southern
Reporter_, and thus brought into permanent action an agency which has
promoted as well as recorded the advancement of the community. Nor can
it be recollected without regret, that he, an undoubted benefactor of
the colony, is left to an indigent old age, cut off from the prosperity
to which his early labors contributed.
The welfare of Van Diemen's Land was greatly retarded by the number,
daring, and prolonged depredations of the bushrangers. In some
districts, the inhabitants offered a sanctuary to criminals, and, as
their scouts, gave notice of the approach of danger; while in others the
settlers were driven before them. To check their ravages, Colonel Davey
declared the whole colony under martial law: he punished with flogging
persons, whether free or bond, who quitted their houses by night.
Several offenders were captured, and suffered death.[76] The
inhabitants, to the number of six hundred, expressed their approval of
this stretch of power, but it was promptly disallowed by the
governor-in-chief. On many previous occasions the same course had been
pursued. To constitutional law, the lieutenant-governor was both
indifferent and a stranger.
Colonel Davey, when he relinquished his office, remained for some time
as a settler; he was not, however, successful. He returned to England,
where he died on the 2nd May, 1823. His contemporaries speak of his
character in terms of eulogy. The modern colonist will remember, that
the tastes of society have since that period been modified, even in
Great Britain; and that character can never be fairly judged when
separated from the circumstances in which it is developed. Then, the
town was a mere camp: the etiquette of office, necessary when a
community is advanced, would be folly in its infancy.
FOOTNOTES:
[Footnote 73: Collins, according to most authorities, died on the 24th
March, 1810.]
[Footnote 74:
"_To his Excellency_ LACHLAN MACQUARIE, ESQ., _Captain-General
and Commander-in-chief of his Majesty's Territory of New South
Wales and its Dependencies, &c. &c. &c._
"We, the inhabitants, settlers, and freeholders of his Majesty's
settlement established at the Derwent, Van Diemen's Land, impressed with
the most fervent zeal for his Majesty's government, and the most
profound respect, esteem, and veneration for your Excellency, most
dutifully congratulate you on your arrival at Hobart Town.
"When men, whose characteristic is industry, consider themselves
governed by an Officer in whom his Majesty has reposed merited
confidence, who in order to promote agriculture, encourage morality,
efface dissension, and patronise the industrious and deserving part of
our community, leaves his seat of government, and exposes himself and
his worthy Consort, under many privations, in a small vessel, to the
dangers of a coasting voyage on these seas, a natural emulation must
necessarily arise in the breasts of the inhabitants to merit, by an
inviolable attachment to the laws, and an adherence to the regulations
of the colony, the patronage, favour, and protection of such an
unequalled Governor.
"We humbly presume to hope that the favorable impressions which our
industrious exertions have made on your Excellency's mind on your seeing
Hobart Town and its vicinity, will become much increased on your return
from that tour through the different settlements which your Excellency's
intuitive mind may induce you to make.
"Independent of the high consideration in which we hold your Excellency
as the Representative of our Most Gracious Sovereign, we presume to
solicit your acceptance of our most unqualified respect for your
Excellency's person, and with duty, in the name and on the behalf of the
inhabitants in general, subscribe ourselves your Excellency's most
devoted servants,
"R. W. LOANE, J. INGLE,
"T. W. BIRCH, A. WHITEHEAD."
"_Hobart Town, Van Diemen's Land, November 26_, 1811.
"GENTLEMEN,--The address which I have this day the satisfaction to
receive from you has been gratifying to me, and I beg you to believe
that the inconveniences I have experienced in my voyage to Van Diemen's
Land, have been amply compensated in the pleasure I feel on seeing one
of the finest countries in the world in a state of rapid improvement by
the exertions of his Majesty's loyal subjects settled here, in whose
welfare I shall at all times feel a warm interest; and sincerely hope
that the industry so happily begun will be persevered in with success.
"I return you many thanks for the sentiments of regard you have been
pleased to express towards me.--I have the honor to be, Gentlemen, your
most obedient and most humble servant,
"(Signed) LACHLAN MACQUARIE.
"To Messrs. R. W. Loane, J. Ingle, T. W. Birch, and
A. Whitehead, the Committee who presented the
Address from the inhabitants of the Settlement at
Hobart Town, in Van Diemen's Land."]
[Footnote 75: The complimentary style in which the settlers addressed
the Macquarie family was not without reason. It is said that Mrs. Kate
Kearney, when the high price of her butter was complained of by the
governor, stopped the supply. Mrs. Macquarie, curious to see this
independent milk-seller, paid her a visit: when she entered, the old
lady received her very graciously, and asked after the health of the
Governor, and added, "how is the young Prince?" The story goes, that she
received a valuable grant of land for this well-timed compliment. A
bullock driver, who attended Mrs. Macquarie during one of these visits,
annoyed her by swearing at the cattle: she promised to obtain him his
free pardon, if he would only treat the animals with more civility. A
hundred such stories are current; but he who has been accustomed to sift
them, may take them for their worth.]
[Footnote 76: See vol. ii, p. 129, of this History, for an account of
bushranging.]
SECTION IV.
In planting the colony of New South Wales, it was requisite to provide a
form of government adapted for a community without precedent. That
instituted was equally alien from established usage. It conferred powers
on the governor beyond the dreams of ordinary princes, and violated all
the constitutional guarantees which support the rights of subjects. The
American colonies derived their constitutions, some from the
prerogatives of the crown, others from parliament, under acts
prescribing their structure and limiting their jurisdiction. In some
cases the British legislature authorised the crown to convey the powers
of government at its own discretion, and its own agents. In the reign of
George III.[77] the parliament passed the Quebec Act, which defined the
powers of Canadian legislation and judicature, and thus established a
course that has never since been abandoned.
The immediate design and composition of the Australian colony precluded
the forms of constitutional freedom: the object of the laws and
regulations were but remotely connected with the ordinary interests of
British citizens. Having obtained, therefore, the authority to institute
a government, the crown put into commission the powers it received, but
left to the local authorities to interpret and apply them.[78]
The court of criminal jurisdiction was composed of seven officers, of
whom the judge advocate was one. It could only assemble on the summons
of the governor: his precept determined who, or whether any should sit,
and thus regulated the jury: as their commander his influence was
great--greater, as the dispenser of royal patronage.
The powers of the grand jury devolved on the judge advocate, who framed
the indictment, and determined beforehand the probability of guilt: he
thus sat in a cause which he had judged already. The prosecutor
conducted his own case: witnesses were examined in open court, and the
accused was unassisted by counsel. Nor was unanimity required: yet five
in seven were necessary in capital cases, to authorise an immediate
execution. The judge advocate deliberated with his co-jurors in secret,
and the court was re-opened only when they had agreed upon their
verdict, and determined the sentence. Thus in ordinary cases the weight
of authority in deciding guilt, as well as apportioning punishment,
usually rested with an officer officially connected with the government.
The operation of this court was liable to serious constitutional
objections. It was in the power of the governor to exclude the subject
from the protection of the law, by shutting up the court, and by the
arbitrary selection of its members to anticipate its decision.
In conducting the business of the court, its members dispensed with the
niceties of law, and gave their verdict upon what appeared to be the
substantial merits of the case. From the age of fourteen, the first
judge advocate had been employed in the royal marine service, and
whatever intelligence his writings display, they exhibit utter disregard
of rights recognised by the British constitution. His successors in
office, for two-and-twenty years, until the appointment of Mr. Ellis
Bent, were gentlemen connected with the military profession, who were
unassisted, except by such lawyers as the lottery of transportation
threw in their way: thus, while they were limited by parliament to a
jurisdiction according to the laws of the realm,[79] they were more than
usually unacquainted with their nature, and indifferent to their
observance.
Such were the inherent defects of this form of judicature, from the
large influence possessed by the executive; which could determine the
time of sitting and the members of the court; which denied the right of
challenge, and accepted the concurrence of five voices only in cases of
life and death--and those of persons subject to the influence of the
governor and unaccustomed to weigh evidence, or to defer to the maxims
of civil tribunals. But if the constitution of the court was a subject
of just complaint, the creation of new offences by unauthorised
legislation, was still less acceptable to English statists.
The court proceeded smoothly, so long as none but convicts or persons of
trivial influence were in question; but the dispute with Governor Bligh
disclosed the dangers with which it was fraught: the sympathy of the
jurors with the accused frustrated his prosecution, and overthrew the
executive.
The _esprit du corps_ of the jurors occasionally appeared in their
verdict: the decision of a cause in which an officer was the aggressor,
or one which interested the passions, did not command the confidence of
the people.
The jeopardy of justice was illustrated by a dispute, in which the Rev.
Mr. Marsden was complainant, and the secretary of the governor the
defendant. Mr. Campbell was the censor of the New South Wales press: he
admitted an article, which imputed to Mr. Marsden (1817) the abuse of
his office as agent for the missionary societies, and of using muskets
and gunpowder as articles of traffic with the natives of the Pacific.
The judge advocate in this instance was said to attempt to shelter the
offender by the influence of his three-fold office--as the law adviser
of the governor, the public prosecutor, and member of the court of
criminal jurisdiction. His reluctance to admit the evidence, and to take
the preliminary steps in the prosecution, and his direction to deliver
an inoperative verdict, were held fatal evidences that impartiality
could not be secured by uniting functions so inconsistent with each
other.
The jurors were not unfrequently interested: in some instances the
prosecutor sat as witness and judge, giving the principal evidence in
the case in which he was both to decide the guilt and apportion the
punishment.[80]
The establishment of a court of criminal jurisdiction was alone
authorised by the parliament: the necessity for supplemental laws was
not foreseen, but was soon perceived. The governors assumed the
legislative authority, under the disguise of orders and regulations,
often contrary to the principles of English law, and sustained by
penalties unknown in Great Britain. These were not collated until a late
period: their provisions were imperfectly promulgated. In enforcing
them, the governors relied on the impotence of resistance, and
justified their enactment on the ground of expediency.
Had the parliament conveyed a legislative power, the ordinary
precautions and limitations would have been embodied for that purpose:
thus the free subjects of the king would have known the extent of their
liabilities, both to prohibitions and penalties. An unfettered despotism
drew no distinction, but rejected all questions of legality as
contumacious.
Among the subordinate officers, were some high in rank, natives of
France, who had emigrated during the revolution, or had by incurring the
hatred of its government deserved the patronage of our own. Profoundly
indifferent to the rights of freedom, and ignorant of the forms or
proper subjects of judicial investigation, an "order" was far more
sacred in their eyes, than the volumes of Blackstone. English gentlemen
might have recalled the solemn warnings of history which check
aggressions on private liberty, but an exiled adherent of Bourbon
princes was not likely to be embarrassed by educational prejudices. Not
that British officers were really more scrupulous, or offered by their
habits a better guarantee for the legality of their administration.[81]
The minor offences of prisoners passed under the summary adjudication of
magistrates. They often indulged in the lowest humour or furious
passion: they applied torture to extract confessions, and repeated
flagellation until it became dangerous to life.
The long delay of legislative remedies, when omissions and defects were
discovered, is a proof of ministerial indifference. The crown provided a
court of criminal jurisdiction for Port Phillip: the jurisdiction was
strictly local, and the judge advocate ceased to act when Van Diemen's
Land was occupied; but twenty years elapsed before the deficiency was
supplied. Again, the criminal court of New South Wales was limited to
islands adjacent to the _eastern coast_.[82] The discovery of Bass's
Strait proved that Van Diemen's Land was not included in this
geographical definition, and the scrupulous or idle judges for a long
time evaded the holding of courts in this island, which was thus
surrendered to disorder. In the absence of a legal court, the
magistrates set up a jurisdiction of their own. Criminal trials were
dispatched by the simplest process, and the mixed penalties of a
military and civil court inflicted on the assumed offender.[83] Thus,
the negligent provision for the administration of justice secured
impunity to crime, or seemed to require an arbitrary tribunal.
The proclamation of martial law, was to relieve the government from the
restraints of forms. The facility with which justice could be
administered by it, was illustrated at the Castle Hill insurrection: no
life being lost on the government side, the victorious troops arranged
that every third man convicted should be hanged. They drew the names of
the sufferers by lot, and were proceeding with great vigour, when the
appearance of the governor suspended the execution.[84] The dangerous
usurpation in both Norfolk Island and Van Diemen's Land, led to the
hasty sacrifice of life.
The scarcity of corn was once deemed a sufficient justification, when
there was no appearance of sedition: at these times the government
seized boats, or whatever was deemed useful for the public service, and
imitated the most irregular actions of the Stuarts.
The subordinate authorities were supposed to partake the license of
their superiors. One commandant, Colonel Geils, fixed a spiked collar on
the neck of a free woman; another flogged a female through Hobart Town
for abusive language; and another tied up a free man on the spot, for
placarding a grievance, when as yet there was no press.[85] Davey,
having ordered a person to the triangles, answered his remonstrances
with a pleasant jest: the sufferer reminded him that he could not flog
him; the governor answered that "he would try," and the flagellator soon
determined the problem in favor of authority. Indignant exclamations of
free men were deemed preposterous by a body of officials, who regarded
the diffidence of civil government as absurd, and considered power as
the standard of right.
The administration of justice is described by a work of the times:--"I
have known," wrote a contemporary witness, "men, without trial,
sentenced to transportation by a single magistrate at his own door: free
men, after being acquitted by a court of criminal judicature, banished
to another of the dependant settlements. I have heard a magistrate tell
a prisoner (then being examined for a capital offence, and who had some
goods, supposed to be stolen, for which he would not account), that were
he not going to be hanged so soon, he (the magistrate) would make him
say whence he got them. I have known depositions destroyed by the
magistrate."[86]
The courts were limited by the laws in force within the _realm_, but the
realm was not defined;[87] and thus what portion of the law was
applicable, was left in thirty years' doubt, until the commissioner
royal stated that the omission had prevented several executions.[88] The
same number of years were required to ascertain whether laws passed in
Great Britain subsequent to the era of colonisation were the laws of the
colony.
Law officers of the crown were permitted to define authoritatively the
import of acts of parliament, and on their official decisions the
colonial judge convicted, and the governor executed a criminal.[89]
The persons commissioned as justices constituted a court in avowed
conformity with such tribunals in England, but they adjudicated on the
orders of the governor, and inflicted the penalties he appointed; though
the supreme court, sitting concurrently with these "benches," rejected
the legislation of the governor as invalid, when the basis of an action:
one judge supported them by his moral countenance, although he knew
them to be without legal authority.[90] Judge Advocate Wylde, however,
declared the legislative authority of the governor equally binding with
acts of parliament--a doctrine never surpassed by the most subservient
advocates of an unlimited monarchy.[91]
The crown authorised the governor to grant remissions, but while he
omitted the formalities requisite to perfect those pardons, the minister
neglected to require them. For thirty years the error was undetected,
and until a fraudulent creditor evaded a bill due to an emancipist; but
several years were allowed to pass, even when the mistake was
discovered, before it was fully corrected.
The ministers authorised the governors to grant land to settlers. For
forty-six years these delegates divided the domain of their sovereign,
as if it were his personal property, and without the consent of
parliament, when a court of this colony decided that all such titles
were void in law, whether acquired by purchase or under the old
quit-rent tenure.[92]
Above two hundred thousand pounds had been levied by successive
governors since the illegality of taxation was first submitted to the
notice of the cabinet. In gathering this money, not only had property
been seized, destroyed, and confiscated, but many persons had been
imprisoned, and suffered all the miseries of felon bonds: yet when
arrears, which the indulgence of the government had permitted to
accumulate, were made a subject of legal procedure, the whole fabric of
taxation and legislation by the governor's will, fell down.[93]
The judge of the supreme court could not be insensible to the serious
personal responsibility of longer supporting illegal taxation: he
privately admonished the governor, who withdrew his actions. An act of
indemnity released the ministers who advised, and the governors who
enforced their demands, from the punishment of usurpation; and granted
them power to do by law, what in defiance of law they had done so
long.[94]
Ingenious aggravations were made to the common penalties of a crime:
Collins relates that a witness convicted of perjury, was condemned to
the pillory: his ears nailed to the post as an additional
punishment.[95]
The courts of those times confounded everything together, and deciding
the perjury of a witness, often tried two parties at the same moment.
Flogging witnesses was an ordinary result of investigations, when they
did not end in convictions: so late as 1823, Judge Wylde ordered a
witness to be taken outside, and receive _instanter_ one hundred
lashes.[96]
The long privation of this colony of judicial protection, not only
hindered the due administration of justice, but encouraged imprudence
and fraud. In the year 1814, when the crown erected a supreme court at
Sydney for the decision of civil causes, Major Abbot, a member of the
New South Wales corps, was commissioned as deputy judge advocate in Van
Diemen's Land. He adjudicated in petty session as a magistrate, and by
the accommodation of law to the circumstances of the colony, dealt in a
summary manner with capital offences where prisoners were concerned.
Thus sheep stealing and crimes against the person, committed by
prisoners, were punished by flogging, and removal to a more penal
station; and thus, while a prisoner of the crown might escape with a
milder sentence, free persons for similar offences were placed in
jeopardy of their lives.
"The experiment of a reformatory penal colony," said Sir James
Mackintosh, "is the grandest ever tried; but New South Wales is governed
on principles of political economy more barbarous than those which
prevailed under Queen Bess."[97] This great statesman, who declared no
provincial sphere seemed to him so worthy a noble ambition, as to
become the legislator for these colonies, never failed to denounce the
accumulation of illegality and folly.
At this stage of our inquiry, it may be proper to scan this singular
government. The legislators who authorised its establishment, prescribed
as little as possible: all beyond the repression of crime was hidden
from their eyes. They saw that punishments must be necessary, and
provided for their infliction; but the complicated arrangements which
grew out of the colonisation, were left to the adjustment of chance, or
the discrimination of ministers, and ultimately to the caprice of naval
and military governors.
The extemporary character of their contrivance and expedients, is
sufficiently apparent. Nothing was expected: nothing was dreaded: no
checks were opposed to abuses. Thus acts of tyranny were perpetrated
beyond the ordinary excesses of arbitrary governments, and all classes
were confounded in one regimen of despotism. The commencing measures
manifested their indifference to personal rights. Intending to banish
men for life, the ministers selected for the first fleet chiefly persons
whose crimes only forfeited their freedom for a few years. By
withholding, or neglecting to forward lists of their names, their
crimes, or their sentences, they consigned them not only to perpetual
exile but protracted and illegal bondage. Imitating the ministers of the
crown, the governor imposed compulsory labor on free men, or detained
them when their liberation was notoriously due.
Thus again, law had conveyed power to the king to deliver prisoners by
assignment to shippers, but jealous of trusting the executive, the
actual transportation could only be carried out as the result of a
covenant with private persons. Regardless of these well-advised
precautions, the ministers delivered prisoners to ships of war, in
custody of captains in the royal navy, bound to obey the orders of the
crown; and when loud remonstrances induced them to obtain a legislative
sanction to the innovation, they were silent in reference to the past,
and trusted in their party influence to protect their own agents from
legal penalties.[98] No wonder, with such examples before them, the
governors detained or released at their pleasure.
Bentham was the first to protest against this illegal and violent system
of government, as opposed to every principle made sacred by the
Revolution, by judicial decisions, or by the oaths of sovereigns. He
asserted that the movers and ministers of these despotic proceedings
were liable, one and all, to the visitations of the most penal laws.[99]
They had legislated without warrant, had detained free persons in
bondage, levied illegal duties and imposed unconstitutional
restrictions, and had inflicted cruel punishments for crimes invented by
themselves. The apology for usurpation, was its obvious importance and
general utility; but no one will dissent from the strong indignation
expressed by the philosopher, at wanton violations of British law,
neglect of personal rights and parliamentary privileges.
Governor King, it is believed, first established customs.[100] Hunter
had assessed the property of the colonists, upon obtaining the consent
of several, for the erection of a gaol.[101] The poorer inhabitants
refused to comply with the levy, and were threatened with vengeance:
they knew that however useful, such taxes were illegal though otherwise
just. Thus, although legislation was not shadowed by the parliamentary
act, the governors assumed it in its amplest form. Among the earliest
were orders respecting the production and sale of spirits: to this, the
oriental penalty was attached--"his still shall be destroyed, and his
house pulled down." Infraction of this law was subsequently punished by
imprisonment and transportation.
Of torture, to extort confession, we have ample proof, both written and
traditional: of one Collins observes, "when he trifled he was punished
again; he then declared that the plunder was buried. He went to the
spot, but could not find it; he was then taken to the hospital." Another
was tortured in the same form; but, adds the judge, "the constancy of
the wretched man was astonishing:"[102] he was in consequence acquitted!
This practice continued for twenty years, and in 1825 a prosecution was
instituted against a magistrate for attempting to extract confession by
torture.
The tendency of undefined power to run into tyranny, is illustrated by
Macquarie himself. He had prohibited the entrance of strangers within
the government grounds, and to detect the offenders stationed constables
on the spot, who lay in ambush: three men and two servant girls were
captured and committed. The next morning, the men each received
twenty-five lashes, by the written order of the governor: the women were
detained in the cells for forty-eight hours. There was no appeal to law;
and the sole actors were the governor and the gaoler. A process so
simple was no longer to be tolerated: the public were alarmed.[103] The
assumption of magisterial powers was not compatible with the office of
the governor; but to authorise the flagellation of free men without
trial, for a perhaps innocent trespass, was both dangerous and unjust.
This was, perhaps, the last instance of such extravagant despotism, and
it exposed Macquarie to much inquietude during his life. That a person
so humane in his general character should forget the precautions due in
equity and in law, and punish arbitrarily for imaginary offences, proved
that no power is safely bestowed, unless its objects and extent are
minutely defined.
The civil, called the "Governor's Court," was instituted by George III.
in virtue of his prerogative. It consisted of the judge advocate, and
two inhabitants chosen by the governor: it was empowered to decide in a
summary manner all pleas in relation to property and contracts, and it
granted probates of wills.
When convicts contracted pecuniary obligations, the governor specially
withdrew them from liability to arrest; and told the creditors that in
trusting these debtors their opinion of their honesty must be their sole
guarantee: government could not spare "the servants of the public" from
their toils to answer the plaints of suitors.[104]
From its decisions, a cause could be carried to the governor; and in
sums exceeding £300, to the king in council.
Though unsanctioned by an act of parliament, this court departed widely
from the practice of England. Its authority was keenly disputed by
Bentham; and Commissioner Bigge, in stating its origin and operation,
hints a similar doubt.[105]
Undisturbed by objections the crown, by the patents and commissions of
1814, separated the criminal jurisdiction from the civil, and created a
supreme court, which adopted the English practice. By the new patent, an
appeal was permitted from the supreme court to the "High Court of
Appeals," consisting of the governor and the judge advocate; and, except
when £3,000 were in issue, his judgment was final![106] To both these
tribunals the Tasmanians were amenable; but in civil cases the
appointment (1814) of a local court under the deputy judge advocate,
terminated the absolute dependence on Port Jackson for judicial relief.
Plaints for debts not exceeding £50 were entertained by this court, and
creditors contrived to bring their claims within its jurisdiction, by
dividing the amount into bills of £50. This evasion of the law, although
it defeated the intention of a superior court and lessened its business,
was useful to both parties; it decreased the difficulty and expenses of
suits. It was more equitable in its operation than the supreme court:
the owner of a vessel could carry up his own witnesses to Sydney, and at
the termination of a trial convey them home without delay; but the less
opulent debtor or creditor found himself practically excluded from
redress.
Mr. Judge Abbot was, however, not eager to assume his office, and it was
not until 1816 that he commenced operations. The accumulation of debts
must have been great, for at his first session fourteen hundred plaints
were entered: nor did he exhaust the suitors by delay, for eleven
hundred were disposed of during that year. Two inhabitants, chosen by
the governor sat as assessors; and being known, and knowing all parties,
they often discussed in private beforehand the causes awaiting their
verdict![107]
The deputy judge advocate held in contempt the net-work of the law, by
which equitable rights are sometimes entangled: his was a court of
request without appeal, and he took pleasure in asserting its finality.
For the convenience of suitors he allowed agents to practice in his
court: these gentlemen had somewhat more legal knowledge than the judge,
and often exasperated his antipathies by its ostentation. They would
dwell on the dignity of his court: his decision was irrevocable; even
the lord chancellor of England, they would say, was subject to the
revision of a still higher court than his own, but the deputy judge
advocate decided the cause for ever. Trusted with such resistless
jurisdiction--such onerous responsibility, how great must be his care to
avoid an error beyond correction--an injustice that could not be undone
but by an act of parliament! Such were their addresses: occasionally
heard with complacency--and, it is said, not always unsuccessful. The
most famous of these practitioners were Messrs. R. L. Murray and Evan
Henry Thomas. The last gentleman was an emigrant, and issued a
rhetorical advertisement for employment as a preceptor; but renouncing
that calling, he provided himself with a blue bag, the sole
qualification essential, and paraded the vicinity of the court: here
some suitor found him. What he wanted in experience he made up by
industry; and thus carrying his cause, established his reputation as a
pleader.
Abbott was a lover of fair play: when one of these gentlemen stated a
cause, he expressed a wish that the other side could be placed in as
clear a light. Willing to show how well he comprehended the case, the
agent for the plaintiff set before the court what the defendant might
allege; and Abbott, admitting its force, determined in his favor! The
equitable judge decided that the plaintiff should pay the defendant the
unsought balance of his bill.
On such a primitive plan were minor rights protected. Although the
decisions were often grounded on imperfect proof, the substantial equity
of Abbott's adjudications was rarely questioned. In cases under £5 the
court received no fee, but in higher causes a small sum was paid. The
agents obtained what they could, as the recompense of their professional
toils.
Major Abbott continued to preside as deputy judge advocate, until his
office was abolished. After visiting England he returned to Launceston
with the appointment of civil commandant. He died in 1832: the
inhabitants spontaneously honored his funeral. He was esteemed as a
person of a generous nature and upright intentions. Major Abbott entered
the army at the age of thirteen: he was in the service of the crown
fifty-three years, forty-three of which were spent in the colonies.
FOOTNOTES:
[Footnote 77: 14 Geo. iii. c. 83.]
[Footnote 78: "Whereas it may be found necessary that a colony and a
civil government should be established, and that a court of criminal
jurisdiction should also be established, with authority to proceed in a
more summary way than is used within this realm, according to the known
and established laws thereof." The court, described as above, is then
authorised, to try "outrages and misbehaviours, as if committed in this
realm would be treason or misprision thereof, felony or
misdemeanour."--27 Geo. iii. Nothing is said of legislative power.]
[Footnote 79: _Collins_, vol. i. p. 32.]
[Footnote 80: _Bigge's Jud. Report_, p. 34.]
[Footnote 81: Holt has left a graphic picture of a justice, which must
be received, perhaps, with some reservation;--"I was walking with
Barrington, the most accomplished pickpocket: he was arm-in-arm with
Richard Atkins, Esq. I wished to have some conversation with them. A
bottle of rum was produced, and some pleasant conversation about Ireland
passed. At length I wished to retire, and Mr. A. said he never allowed
any bottle off his table till he saw it emptied. We finished the half
gallon bottle, and of course were not a little elevated. Mr. A. acted as
a kind of deputy, when Judge Dore was not able, which not unfrequently
happened: when spirits were plenty in the colony, he was generally
indisposed." Mr. Croker adds, that "Atkins was appointed as a substitute
to Collins in 1796, by the secretary of state, until the arrival of Mr.
Dore in 1797."]
[Footnote 82: _Bigge's Jud. Report_, p. 2.
At Norfolk Island a court of criminal jurisdiction departed still
further from the precedents of civil justice. An act authorised the
government to convene a court of four military or naval officers, to
decide on questions of life and death, even when free men were
implicated.]
[Footnote 83: "Yesterday, the bench assembled, when a free man, formerly
belonging to Fort Dalrymple, was found guilty of stealing a silver watch
from George Guest, jun., his property, and sentenced to labor for the
government for the term of five years, and moreover to receive 500
lashes."--_Derwent Star, Feb. 6th_, 1810.]
[Footnote 84: _Holt's Memoirs_, vol. ii. p. 202.]
[Footnote 85: Such punishments were not always unmerited, but they were
capricious. A magistrate tied a carter to the wheel of his waggon, and
inflicted 300 lashes for cruelty to his bullocks; but Dr. Montgarret
ordered the blacksmith to be flogged, for presenting his bill!]
[Footnote 86: _Mann's Picture of New South Wales_, 1811.]
[Footnote 87: _Bentham's Plea._]
[Footnote 88: _Bigge's Jud. Report_, p. 17.]
[Footnote 89: Ibid.]
[Footnote 90: _Bigge's Jud. Report_, p. 6. _Wentworth_, p. 43. edit. of
1820.]
[Footnote 91: _Bigge's Report_, p. 48.]
[Footnote 92: _Macarthur's New South Wales: its present state and future
prospects_, 1837.]
[Footnote 93: _Bigge's Report._]
[Footnote 94: 59 Geo. iii. 1819.]
[Footnote 95: "This sentence was put in execution before the provision
store, when the mob, either to display their aversion to the crime, or
what might be more probable, to catch anything that wore the form of
amusement, pelted him with rotten eggs and dirt."--_Collins_, vol. ii.
p. 54.]
[Footnote 96: _Gazette_, 1823.]
[Footnote 97: Maconochie, in his supplement to _Australiana_, extracts
the following passages from one of Sir James Mackintosh's private
letters, published in his _Memoirs_, p. 342-3:--"Even out of England
there are many places which I should prefer to this (Bombay). You will
smile at the mention of Botany Bay; but I am most serious, and I assure
you that next to a parliamentary situation, to which either nature or
early ambition has constantly directed my views, I should prefer,
without much regarding pecuniary advantages, that of being the lawgiver
of Botany Bay.... England, in rearing such a community, is preparing not
only conquerors of India, but enemies to herself and to all mankind.
While on the one side the experiment of a reforming penal colony is,
perhaps, the grandest ever tried in morals, it is one which is perfectly
safe; for the settlement never can be worse than it is now, when no
attempt towards reformation is dreamed of, and when it is governed on
principles of political economy more barbarous than those which
prevailed under Queen Bess. Every day the difficulties of the experiment
grow with the increase of the (criminal) population.... I have heard,
read, and thought so much about this extraordinary colony, that I am
very confident in my general opinions; and I confess, between ourselves,
that I am a piece of an enthusiast in my reforming projects," &c.]
[Footnote 98: 43 Geo. iii.]
[Footnote 99: "Not a governor, not a magistrate, that has acted thus,
but has exposed himself to prosecutions upon prosecutions, to actions
upon actions, from which not even the crown can save him."--_Bentham's
Plea for the Constitution_, 1804.]
[Footnote 100: _Wentworth_, p. 389. 1820.]
[Footnote 101: _Collins_, vol. ii. p. 214.]
[Footnote 102: _Collins_, vol. i. p. 268.]
[Footnote 103: _Bigge's Jud. Report_, p. 76.]
[Footnote 104: Collins.]
[Footnote 105: _Bigge's Jud. Report._]
[Footnote 106: Ibid.]
[Footnote 107: Ibid.]
SECTION V.
William Sorell, Esq., third Lieutenant-governor, landed 8th April, 1817.
To restore safety to the colony was the first duty of the governor: on
his assumption of office he called the inhabitants together, and enabled
by their subscriptions he offered large rewards, and thus inspirited
both the soldiers and the constables. In less than three months the
greater portion of the bushrangers were destroyed or captured. During
Sorell's administration the colony suffered no serious disturbance from
outlaws. This display of rigour was followed by judicious precautions:
he ascertained more frequently the distribution and employment of the
prisoners of the crown, and removed many temptations to disorder and
crime.
It was the practice, established first a few months after his arrival,
to muster the whole population annually. Notice was sent through the
districts, requiring the attendance of the several classes, who
accounted for their families and their stock: the name, the residence,
and civil condition of every inhabitant became known. Sorell thus
ascertained the increase of cultivation and cattle, and whatever
indicated progress.
The landing of settlers direct from Great Britain was an important
event: their efforts were experiments, and their achievements were
prophetic. The political philosopher may trace in their errors, trials,
and successes, the lessons afforded by experience for the instruction of
nations. The rapid advance of modern colonisation tends to underrate the
first efforts of our predecessors. The first colonial boat-builder
founded a great commercial navy; the first shepherd held in his slender
flock a treasure of unimaginable worth.
The arrival of many emigrants led to the exploration of the country. The
hunters were usually the pioneers, but beyond the general features of
the scenery, they afforded little information: wild cattle were the
better guides. To provide a settlement for strangers, Sorell explored
the region lying between the Shannon and the Clyde to its junction with
the Derwent; free from timber, and within twenty miles of navigable
waters. At this district were located several distinguished settlers.
The narrow grants and wretched homesteads of the emancipist cotters, the
sole farmers at the time of this immigration, presented but little to
please. The settler, whose imagination pictured the rustic beauties and
quiet order of an English farm, saw unfenced fields of grain, deformed
with blackened stumps: a low cottage of the meanest structure,[108]
surrounded by heaps of wool, bones, and sheepskins; harrows and water
carts amidst firewood; mutton and kangaroo strung on the branches of
trees; idle and uncleanly men, of different civil condition but of one
class; tribes of dogs and natives. No green hedges or flowery meadows,
or notes of the thrush or nightingale; but yet there was the park-like
lands, the brilliant skies, the pure river; and, above all, the
untainted breath of the morning.
In 1820, there were only two estates, those of Mr. E. Lord and Colonel
Davey, on which fences were erected; and the destructive incursions of
cattle were subjects of many complaints: yet in that year £20,000 had
been obtained for wheat exported to Sydney. The first crops were
prolific: the early settlers chose the more fertile and open plains; and
many selected sites for their dwellings on natural lawns of surpassing
beauty.
The dispatch of vessels direct from England rapidly increased the
population: in one year (1822) six hundred settlers entered the port,
and by the capital which they invested, and the habits of decency and
enterprise they exhibited, gave a new tone to the colony. A succession
of publications drew attention at home to the capabilities of Van
Diemen's Land. It was described in the _Quarterly Review_ (May, 1820) by
a friendly pen, which stated that during three years, a detachment of
one hundred men had not lost three, and that Hobart Town had been
sixteen months without a funeral.
The work of Lieutenant Jeffries, who spent several months in a passage
from Sydney to Van Diemen's Land, and who wrote much in praise of the
native women, and the pleasures of a bush life, drew a pleasing picture.
The more sober sketch of Captain Dixon, and the copious delineations of
Mr. Wentworth, directed the public curiosity to Tasmania. For several
successive years new books were published, describing the fertility of
the soil and the beauty of the climate. These generally contained a
theory of pastoral increase--a geometrical progression towards wealth.
The increase was, indeed, rapid beyond oriental precedent. Between 1810
and 1820, it was estimated at fifty fold.[109] The adaptation of these
colonies for the growth of wool first drew the attention of several
gentlemen of Hamburgh, whose importations afterwards promoted the
improvement of our flocks.
The position of Van Diemen's Land favored its settlement. Vessels bound
to Port Jackson often touched at the Derwent to discharge portions of
their cargo; and weary with the length of the voyage, emigrants listened
to the persuasions of the colonists, and the hints of the
lieutenant-governor himself.
The advantages offered to settlers, so late as 1818, included not only
grants of land, but loans of stock and seed; and a price for wheat, long
standing at 10s. per bushel, and for meat 6d. per lb. The settlers were
entitled to rations for themselves and their convict servants for six
months. It was stipulated that the stock should be replaced by the
increase, and the wheat repaid at the harvest. Such engagements were,
however, rarely fulfilled. No suits could be prosecuted by the crown in
the local court, and vague threats of disfavor were the only means of
recovery: these were understood as formalities. The crown, by the
prohibition of distillation, prevented a consumption of grain, and until
a fixed price was given corn had been sometimes of no value whatever. A
partial market was assured, to prevent the total neglect of agriculture.
The patronage, of course, led to official corruption: many officers
received wheat from their servants in commutation of labor, and some of
more than usual inferiority was thus admitted by a Launceston
commandant, a refugee Frenchman, who threatened to transport the
storekeeper for calling in question its quality. The Commissioner Bigge
recommended the bounty should be entirely abolished, distillation
permitted, and supplies purchased by tender. A deficiency could be no
longer apprehended. There were 7,400 inhabitants, at the close of 1821,
who possessed 15,000 cultivated acres, 35,000 horned cattle, 170,000
sheep, 550 horses, and 5,000 swine. With such resources, the danger of
famine finally disappeared.
The herds were composed chiefly of Bengal cattle, imported at an early
period; but the emigrants introduced the most valued of the English
breeds, which have entirely supplanted the early stock. The herbage and
the climate are equally favorable to the increase of cattle.
The interior of the country being quiet, tickets of occupation were
granted to settlers, who were enabled to establish large herds and
flocks on the lands of the crown. The scarcity of provision in New South
Wales soon created a considerable demand for the produce of this
country, and in 1820 meat, to the value of £10,000, was purchased by the
crown for exportation.[110]
Macquarie, when his administration was drawing to a close, came on a
tour of inspection to Van Diemen's Land. He arrived in the _Midas_. The
squally weather, which prevented his immediate landing, gave time to
prepare for his reception. He disembarked on the 24th April, 1821,
saluted from the battery, and by the military, who lined the road to the
government house. At his former visit in 1810, the population did not
exceed 1,500. A few scattered and miserable huts, separated by
thoroughfares but half recovered from the forests, then constituted the
capital, which had now acquired something of an English aspect: there
were 426 houses, and 2,700 souls.
Few scenes are more pleasing than those which, assisted by memory,
display the growth and triumph of industry. The gratification of all
parties was visible, and a general illumination closed the day. It was a
day of pardons and bounty: when the prisoner received his liberty and
the settler his heritage: every inhabitant who had no plaint to prefer,
had yet thanks to pay. The _bachelors_ of Hobart Town gave a public ball
to the governor: one hundred and fifty sat down to supper, and the
gentlemen danced together until the morning.
On the 29th June, Macquarie sailed in the _Caroline_: he was accompanied
to the water's edge by a large concourse of people, and carried with him
applauses which his amiable vanity prized, and which his beneficence
deserved.
Macquarie inserted in the _Sydney Gazette_ the details of his progress,
and observations. Whatever he described, he lauded: the architectural
taste of the private buildings; the handsome church; the commodious
military barracks; the strong gaol; the well constructed hospital. The
enterprise and industry of the people; their spacious harbour; their
battery, signal post and pier--are all distinguished with the minuteness
of an auctioneer's catalogue, and nearly in its phrases.
During his progress he gave names, among which many remain memorials of
his love of country: Staffa Ulra, and Olmaig; Perth, Campbell Town,
Oatlands, Strathallen Creek, Roseneath. The townships of Sorell,
Brighton and Elizabeth, were designated by him: the last in honor of his
wife. His own name is found everywhere.
FOOTNOTES:
[Footnote 108: There is nothing new under the sun. The following
description of a New England cottage, on the Penka-tang River, in 1704,
is given in the journal of Madame Knight:--"It was supported with shores
(posts), inclosed with clapboards laid on lengthways, and so much
asunder that the light came thro every where; the doore tyed on with a
cord in ye place of hinges; the floor the bare earth. No windows but
such as the thin covering afforded, nor any furniture but a bedd with a
glass bottle hanging at ye head on't. An earthen cupp, a small pewter
bason, a bord with sticks to stand on instead of a table, and a block or
too in ye corners insted of chairs."]
[Footnote 109: _Wentworth_, vol. ii. p. 93.]
[Footnote 110: The following is a list of exports from Van Diemen's Land
to Sydney in six years:--
_Wheat valued at 10s., and Meat at 6d._
Year. Bushels Wheat. lbs. of Salt Meat. £
1815 1,770 -- 885
1816 13,135 10,000 6,817
1817 15,240 8,000 7,820
1818 7,990 64,640 5,611
1819 24,768 346,800 21,054
1820 47,131 386,000 33,225
_Wentworth_, vol. ii. p. 32.
Lands granted from 1818 to 1821, from 25,000 to 273,000 acres;
population from 3,557 to 7,360; in cultivation, from 5,080 to 15,005
acres.]
SECTION VI.
The Australian colonies owe their pastoral wealth originally to Captain
John Macarthur, of the 102nd regiment: he was assisted by the enterprise
of Captain Waterhouse, of the royal navy, who, though a sailor and
confessedly ignorant of pastoral affairs, conveyed to the colony the
stock which laid the foundation of its fortunes. The sheep brought by
the first fleet to New South Wales, were sacrificed to the necessities
of the time: the cattle strayed, and were discovered long after grazing
on the Nepean, increased to many hundreds. Several efforts were made by
the New South Wales Corps to introduce a stock, chiefly for the knife;
but the transmission was attended with considerable difficulty, and the
greater portion died.
The basis of the New South Wales flocks was the Bengal: these, bearing
hair, were mixed with sheep originally from Holland, and imported from
the Cape. Mr. Macarthur having obtained some sheep from Ireland,[111]
remarked the great, though accidental improvement in the fleece, which
exhibited a mixture of wool, and gave the first hint of a great possible
improvement. He then requested Captain Kent to procure sheep from the
merino flocks of Colonel Gordon, at the Cape. These were forwarded by
Captain Waterhouse (1797), who delivered to Macarthur three rams and
five ewes, and retained a proportion himself.
The results surpassed expectation. The flocks of Bengal yielded to three
or four crossings, and produced the finest wool. Thus the heaviest
fleece, in 1801, was 3-1/2 lbs.: the next season it improved to 5 lbs.
The ewe produced wool worth 9d., her lamb's wool was valued at 3s.; and
even the merino improved by the exchange of climate: its wool produced
at the Cape being worth 4s. 6d., and at New South Wales 6s. The rate of
increase was not less encouraging: the produce of fifty ewes, in seven
years, was two thousand.
In 1803, Captain Macarthur visited England, and presented a memorial to
the lords of the committee of the privy council on the pastoral
capabilities of New South Wales. He requested the crown to grant the use
of public lands and servants, and offered to supply the commissariat at
a given price, and to sustain the entire risk or loss of his experiment.
The statement of increase was doubted: the testimony respecting the
quality of wool could not be disputed, as Macarthur had procured the
certificates of eminent manufacturers. It was, however, asserted that
the natural pasture would be unable to subsist flocks, and it was
necessary to combat this objection. Macarthur proposed to sell his flock
at their value to a company, and on credit; on condition that the
company procured a grant from the crown for pasture. This was declined;
but Lord Camden was requested by their lordships to encourage Macarthur,
and he received in consequence permission to occupy the cow pastures,
where natural fences prevented the intermixture of his flocks. A grant
of 5,000 acres--ultimately of an additional 5,000--was made to him.
Never was a reward more justly due, or given with less sacrifice.[112]
Mr. Macarthur procured from the royal flock at Kew, one ewe and nine
rams:[113] with these he raised his flock to 6,000 (1818), and
frequently sold pure merino rams at from £14 to £28 per head.
The merino stock of George III., from which the Australian stocks were
partly drawn, was sent to that monarch by the Spanish cortes. The king's
love of rural pleasures was thus instrumental in adding immense wealth
to his empire.
It was not until 1820, that settlers of Van Diemen's Land entered the
career of improvement. The original stock were introduced by Colonel
Paterson: a mixture of Teeswater, Leicester, and Bengal breeds. The
lieutenant-governor was anxious to improve the quality by an importation
of merino lambs. By an engagement with Macarthur, three hundred were
shipped at Sydney;[114] but more than one-third died: the rest were
distributed to the settlers by lot, who gave the engagements to repay at
the stipulated sum, and who received facilities for the experiment in
suitable tickets of occupation. Macarthur received, at 7s. 6d. per acre,
4,368 acres of land for the 300 lambs, valued to the crown at £5 per
head.[115] From this date the wool of the Tasmanian flocks became known
to commerce.
Van Diemen's Land wool was not an article of export until 1819. Only
71,000 pounds had been sent to London from New South Wales, but some had
realised even 7s. 6d. per lb.; in one instance 10s., it is said, by a
friendly competition: a sum three times greater than the English price
of the finest continental wool. A specimen had been manufactured for
George IV., and which so pleased him that he directed Sir J. Bloomfield
to enquire if more could be obtained in England. There seemed now no
hesitation in giving credit to Macarthur's prediction, that the
boundless pastures of New South Wales would relieve the manufacturers of
dependence on Spain.
That great encouragement had not been afforded, and greater progress
accomplished, may be considered surprising. The wool of commerce was
still inconsiderable; although the flocks of both colonies amounted to
200,000. Before the merino was first introduced, the fleece was
considered worthless. The operation of shearing was often delayed until
the sheep were injured: it was a deduction from the profit. The wool was
burned, or thrown into the stock-yards as manure.
In 1819, the captain of the _Regalia_ accepted a proportion of Van
Diemen's Land wool, in exchange for merchandise: it had no market price,
its expenses were considerable, and a duty of 3d. was levied at London.
A sample was seen by Mr. Hopkins lying in the docks in the worst
possible condition: the speculation was a failure. The colonial
government bought several tons a few months after at 3d. per lb. for
mattresses, a sum that scarcely paid for its conveyance from the
interior. The duty, formerly 3d., was reduced, on the recommendation of
the commissioner, to 1d. per lb.
To Mr. Henry Hopkins the public are indebted for the first appreciation
of Tasmanian wool. In September, 1821, he offered by advertisement a
price in money, and bought at 4d. per lb. Twelve bales sold in London,
the entire wool export of the colony, for 7d. per lb., or £88: the
expenses were nearly half that sum. The merchants, however, continued to
purchase, and the settlers to improve their flocks. In 1823, five
hundred and fifty bales were exported in the _Deveron_, and an equal
quantity in other vessels; and the wool of Clarendon rivalled the flocks
at Port Jackson.
FOOTNOTES:
[Footnote 111: _Bigge's Report._]
[Footnote 112: _Par. Pap._]
[Footnote 113: _Bigge's Report._]
[Footnote 114: _Bigge's Report._]
[Footnote 115: _Par. Pap._]
SECTION VII.
The _Britannia_, a vessel the property of Messrs. Enderby and Sons,
first discovered the whale fishery.[116] On doubling the south-west cape
of Van Diemen's Land the crew saw sperm whales: in their progress to
Port Jackson they fell in with prodigious shoals, as far as could be
seen from the mast head. On arriving at Port Jackson the captain
secretly informed the governor, who facilitated his preparation for a
cruise. The sailors, however, did not conceal their observation, and two
other vessels, the _Mary Ann_ and _Matilda_, sailed one day before the
_Britannia_ and the _Salamander_, on the 1st November, 1791. On their
departure they encountered bad weather, but saw whales in great plenty.
The attempt was, for the moment, unsuccessful. Great expectations were
formed by the colonists, who anticipated that this port would be a
rendezvous of fishermen. This fishery, pursued since with so much
vigour, was of little immediate value to Van Diemen's Land.
The duties payable on exports from the colonies were both excessive and
unequal; especially in oil, the difference amounting to almost absolute
prohibition; being twenty times greater than by London ships. The
settlers could only procure for their own consumption or the Indian
market. The whalers often carried on their operations in sight of the
towns, and heaps of bone at that period lay on the eastern shore. Of the
first whale taken in the Derwent, Jorgen Jorgenson declared himself the
captor.
The trading pursuits of the inhabitants were fettered by the privilege
of the East India Company. The act of parliament authorising its
charter, prohibited the employment of vessels less than 350 tons between
England and New South Wales; the small coasting trade was, therefore,
solely eligible to the people of these colonies except in vessels
unsuitable to the extent of their commerce. Thus, even the Mauritius was
closed against the corn and meat of this country. This law was repealed
in 1819, and thus vessels of any tonnage could be employed in the
colonial trade.
In the islands of the straits sealing was pursued with such vigour, that
it was comparatively exhausted at an early date: small vessels were
employed in the dangerous navigation, and not unfrequently lost.
Few instances of nautical disaster and personal misfortune have
surpassed the case of Captain Howard, in 1819. He was robbed of an iron
chest containing money and jewels to a large amount. Next, the
_Lachlan_, his property, was stolen by convicts. He freighted the
_Daphne_ for India, and sailed with two women and a boy, beside the
crew. They anchored at Kent's Group, and Howard landed. The brig, some
hours after, was observed to drift: the wind blowing hard on the shore,
her destruction was inevitable. The long boat was laden, and leaving
behind the passengers and some seamen, Howard after great efforts
reached the Derwent. Under his direction, the _Governor Sorell_ sloop
was dispatched to receive the people left on the island. Meanwhile the
_John Palmer_ entered the group, took off the women and the boy, and a
bag of 400 dollars left in their charge; and was lost with the whole of
her cargo. Nor was the _Governor Sorell_ more fortunate: the seamen of
the _Daphne_, who left the island in a boat, saw on the north-east coast
of Cape Barren, the binnacle and other fragments of that vessel, in
which Howard perished.
The same fate seemed to attend his property after his death. He had
freighted the _Frederick_ and the _Wellington_ with sheep and cattle for
the Isle of France, a market which then offered large gains. After some
delay they reached the Northumberland Islands, off which the stock all
died, from want of room and the influence of climate. Unwilling to
proceed without cargo, the captain detained the vessels for spars. Here
the _Frederick_ was wrecked, and twenty-two of the crew were drowned;
but the chief officer, one woman, and a boy, reached the _Wellington_.
They then proceeded to Timor, constrained on the passage to subsist on
the preserved hides of the cattle. From Timor they proceeded to Batavia:
the captain died, and the crew dispersed; and the vessel was taken under
charge by the Orphan Chamber, her register being lost, and her owners
unknown!
A calamity still more singular, may be worth record.[117] The _Surrey_,
Captain Raine, left the Derwent in 1820. Having heard that men were
detained at Ducie's Island, he went there in search of them. The men
came to the beach, but could scarcely articulate from exhaustion: they
had belonged to the _Essex_, a whaler. One day, a whale of the largest
class struck the vessel, and broke off part of her false keel: she then
went a-head of them a quarter of a mile, and turning back met the vessel
with such tremendous velocity that she was driven back at the rate of
several knots: the sea rushed in at the cabin windows; every man on deck
was knocked down, and the bows were completely stove in. The sailors
were obliged to abandon the vessel, and after visiting several islands
were found by the _Surrey_ as described.
The strong inclination to trade, common to emigrants, was in these
colonies a passion, while the settlers were of the lower class. The want
of coin induced the government to pay the debts it incurred in rum,
which, commonly valued at £1 per bottle, passed from hand to hand. The
commissariat receipts were, however, the chief medium of exchange: they
were acknowledgements of the delivery of goods for the use of the crown.
They were paid by the settlers to the merchants, who on the appointed
days presented them for consolidation, and received in return bills on
the lords of the treasury. Every trader issued his notes. The islands of
Scotland possessed a small paper currency, and to that origin were we
probably indebted for our own. Dr. Johnson found such trifling bills in
circulation during his celebrated tour. In Hobart Town they were issued
in great profusion.[118] Often of the lowest value, both in amount and
in credit, they kept afloat by the risk which their refusal involved.
When presented in small quantities they were usually paid. A trader
rejecting his neighbour's bills would be harrassed by his revenge: this
was, however, done in some instances. A large issuer of notes in
Launceston was staggered by a sudden demand for payment: to maintain his
credit he borrowed dollars, and gave additional notes as security. A few
days after they returned, and the same dollars were again borrowed by
the unfortunate financier. The run was devised by his clerk, who managed
by such manoeuvres to obtain a large bonus for negociating a loan of
coin. The credit of these notes depended greatly on the Naval officer, a
sort of collector: if admitted in payment of duties, they were current
everywhere. The criminal courts continually exhibited frauds, consequent
on these small issues. The issuers, however, had many chances in their
favor: they did not always know their own notes; but great numbers were
destroyed by persons intoxicated, or lost or worn out. The meaning of
payment in currency, they interpreted, as giving one note for another,
or four shillings for five shillings.
The colonial dollars were mutilated to prevent their exportation. In
1810, dollars were imported from Bengal. To make a smaller coin the
centre was struck out, and valued at 1s. 3d.; the ring retaining its
full current value. The crown payed the dollar as five shillings, and
received it as four shillings; thus gaining 20 per cent. in exchange for
bills, and in the settlement of accounts: an injustice so shameful was
the subject of parliamentary reprobation, and ultimately suppressed. In
1824, the _Samarang_ imported £10,000 of British silver, and the lords
of the treasury directed that British coin should be paid to the troops,
and taken in exchange for treasury bills.
The establishment of the Van Diemen's Land Bank (1823) was the most
effectual remedy of many financial difficulties. The traders obtained a
charter from Sir Thomas Brisbane: the capital was divided into shares of
200 dollars, and its direction was committed to a local board.[119]
The issues of individuals were finally suppressed by act of council. The
detection of many frauds enabled the dishonest, with a show of right, to
dispute payment. They were sometimes recovered in the court of request.
Justice was once secured by Mr. Hone, in the following manner:--The
defendant was requested to select the notes he admitted to be genuine,
and then to hand both parcels to the bench: these being marked were
dropped purposely, and the defendant unsuccessfully attempting the same
division once more, showed that his repudiation was fraudulent, and lost
the cause.
It was the custom to load a cart with goods, and send it through the
country: the peddling merchant exchanged his commodities--a cask of rum,
a basket of tobacco, a chest of tea, a bale of slop clothing--for sheep
and cattle. The profits were often enormous: on his return to head
quarters he would appear with a flock worth five times the original cost
of his merchandise.[120]
The manners of a people are seen in the courts. A series of trials,
arising from the same transaction, included a considerable portion of
the settlers, and illustrated the trading habits which prevailed. Mr.
Gunning being indebted to Mr. Loane, a merchant, agreed to pay him in
cattle: this arrangement was superseded. Fearing, notwithstanding, that
his claim would be damaged by a general insolvency, Loane took with him
seven men, and swept from Gunning's premises a herd of various
ownership. For this he was called in question by the police as a felon:
in retaliation, he instituted actions for malicious prosecution.
Crossley, an emancipist lawyer, issued summonses, and instructed the
officer to arrest, contrary to standing orders; but Timms, the provost
marshal, to exhibit a spectacle, captured the police magistrate
proceeding to government house. The whole settlement was involved in
actions arising out of the debt, rescue, and criminal charge, either as
parties or witnesses. The provost marshal was dismissed for "drunken
ignorance." These trials occurred in 1821, during the circuit of the
judge, Barron Field, who was induced, by the representations of
Commissioner Bigge, to hold a session in this colony.
FOOTNOTES:
[Footnote 116: _Hunter's Historical Journal._]
[Footnote 117: _Methodist Magazine_, 1821.]
[Footnote 118:
"No. 20. _Hobart, 1st May, 1823._
SIXPENCE. I promise to pay the bearer on demand the sum
of Sixpence, for value received.
A. B."]
[Footnote 119: Names of first directors and officers:--E. F. Bromley, A.
Bethune, F. Champion, G. C. Clarke, A. F. Kemp, A. Macleod, and D. Lord;
R. Lewis, cashier.]
[Footnote 120: _Curr's Account_, p. 44.]
SECTION VIII.
The ecclesiastical notices contained in this work, will relate chiefly
to external and material interests. The eye of a stranger cannot be
expected to survey with impartiality the peculiarities of systems. It
will be attempted to supply a few general facts acceptable to the
community at large.
During the first years of this colony the duty of providing religious
instruction, was both admitted and neglected by the state. The clergy
were limited to the towns, who with the clerical functions united the
business of agriculture and the administration of punishments. The
church of England was then regarded by statesmen as the religion of the
empire, and to clergymen of the episcopal persuasion the spiritual
interests of the settlements were confided.
The first clergyman of New South Wales was the Rev. Richard Johnson: his
labors were prosecuted under many discouragements. The priest of a
Spanish vessel raised his hand with astonishment when he found (1793) no
sacred edifice had been provided, and that the clergyman sought some
shady spot to evade the burning sun in the performance of his ministry.
He remarked, that the first house his own countrymen would erect, would
be a house for God.[121] The habits of the officers discouraged a moral
reformation. Earl St. Vincent had prohibited the marine officers taking
their wives. A lady, who followed her husband in the disguise of a
sailor, was sent home by Governor Phillip, when half her voyage had been
completed.[122]
Four years having elapsed, in vain expectation of official help, Mr.
Johnson erected, at his own cost, a wooden building: strong posts were
driven into the ground, the walls consisted of wattle and plaster, and
the roof was thatched: thus the first Christian temple in this
hemisphere was raised by a voluntary effort. This building was
maliciously destroyed. After a long season of slumber, the governor
resolved to enforce the observance of the Sabbath, which had been
commonly spent in "abominable dissipation." The prisoners were compelled
to attend on public worship, and their officers enjoined to accompany
them: a few weeks after, the church was in flames. The governor,
irritated, threatened to employ the workmen on Sunday to erect another
church; but a large stone store being available, it was fitted up for
the purposes of devotion, and the weekly penance exacted in another form
more suitable to the day (1778). Mr. Johnson returned to Great Britain:
he was the first who reared orange groves, from which he realised
considerable wealth.[123]
Before Mr. Johnson's removal, the Rev. Samuel Marsden arrived: a man of
great intellectual and physical energy, who while he accomplished much
for his family, effected more as a clergyman. Mr. Marsden was a graduate
of St. John's, when he received his appointment, which was pressed upon
him. His mission excited great interest. He was about to address a large
assembly at Hull, when the vessel fired a signal to weigh anchor: the
service was suddenly stopped, and Mr. Marsden proceeded with his bride
to the boat, followed by the whole congregation, who covered the young
adventurers with benedictions.
Mr. Marsden resided at Parramatta, where his agricultural success was
conspicuous. Perón exclaimed--"The whole of this spot was covered with
immense and useless forests. With what interest have I trodden over
these new meadows, through the midst of which this respectable pastor
conducted me himself with the most affectionate kindness. Who could have
believed it! This residence is seven or eight miles from Parramatta, in
the midst of woods; and it was over a very excellent road in a very
elegant chaise that Mr. Marsden drove me. What exertions must have been
taken to open such communications: these pastures, these fields, these
harvests, these orchards, these flocks, are the work of eight years!" In
his spiritual husbandry Mr. Marsden was not at first equally successful.
He returned to England in 1808, and the colony was left for some time
without any clerical instructor. The Rev. Mr. Fulton, a protestant
clergyman of Waterford, transported for sedition, was stationed at
Norfolk Island, and Father Harold, an exile, a catholic priest, had
returned home. "There was," says Holt, "no clergyman to visit the sick,
baptise the infant, or church the women. So we were reduced to the same
state as the heathen natives who had none of these ceremonies." At this
period, however, many missionaries, driven from Tahiti, took refuge at
Port Jackson. Some were employed as preachers, and others as
schoolmasters, and several rose to considerable station and wealth,
while others resumed their mission under more favorable auspices.
Mr. Marsden succeeded in arousing the attention of the ministry:
additional clergymen were procured, and schools were established. The
country-born children displayed an aptitude for instruction which
kindled the most pleasing hopes. They exhibited a feeling, approaching
to contempt, for the vices of the convicts, even when manifested in the
persons of their parents.[124] "These feelings," said Sidney Smith,
"convey to the mother country the first proof that the foundations of a
mighty empire are laid."[125]
It is scarcely possible to imagine a condition more unfavorable to the
rising race; and yet the aptitude for instruction, and the self-respect
observable in the Australian youth, have been remarked by every visitor
from the earliest times, not without astonishment. It is not uncommon to
see children of the most elegant form, and with an open countenance,
attended by parents of a different aspect, as if a new region restored
the physical and mental vigour of the race.
A pleasing instance of the love of knowledge occurred during the early
ministry of the Rev. Mr. Cartwright, which he related to Governor
Macquarie. The river which separated them from his dwelling was swollen,
and knowing the ford was impassable, he saw with great amazement his
young pupils approach his Sunday school: they had tied their clothing on
their heads, and swam across the stream.[126] It is asserted, that
without any other instruction than a casual lesson, some learned both to
read and write.
The Rev. Robert Knopwood, who arrived with the first settlers, was long
the sole chaplain of Van Diemen's Land. In addition to his clerical
functions he regularly sat as a magistrate. He had not much time to care
for the spiritual interests of his flock, and of his success in their
reformation nothing is recorded: his convivial friends are the chief
eulogists of his character. His little white pony was not less
celebrated. Mr. Knopwood received a pension, and was subsequently
appointed chaplain to a country district: he died in 1838. The gaiety of
his disposition made him a pleasant companion and a general favorite;
and conciliated whatever esteem may be due to a non-professional
reputation.[127] Mr. Knopwood was not, however, unwilling to tolerate
the assistance of a sect whose zeal wore a different aspect from his
own. The wesleyan ministers found a kindly welcome and an open field.
In the absence of clergymen, it was customary for the magistrates to
conduct public worship, or where that was not possible, to assemble the
prisoners and accompany the inspection with a few words of advice.[128]
The attention of the London committee of the wesleyan mission was
aroused by their agents stationed at Port Jackson, who referred to this
colony as "a settlement called the Derwent, two weeks' sail distant."
The Rev. B. Carvosso, on his passage to New South Wales, touched at
Hobart Town, in the month of May, 1820. He embraced the opportunity thus
offered. He was introduced by the Rev. Mr. Knopwood to the governor, who
authorised and protected his teaching. Mr. Carvosso stood on the steps
of a dwelling-house; his congregation partly within and partly without:
his wife conducted the psalmody. The text which initiated the wesleyan
ministry was characteristic of its style and results: "Awake thou that
sleepest!" The colony required such addresses. Mr. Carvosso's
description of the inhabitants may be imagined: they were kindly, but
dissolute. At New Norfolk and at Pittwater, with a population of several
hundreds, no religious service had been performed. A seriously-minded
soldier, by diligent inquiry, found out a settler said to be religious.
To converse with this person, he took a journey of fifteen miles, and
found him swearing!
Shortly after Mr. Carvosso's departure, several soldiers of the 58th
regiment, who at Sydney adopted the sentiments of methodism, were
quartered in the island. They prompted a Mr. Noakes to obtain a room for
worship: eight persons met on the 29th October, 1820, at a house in
Collins-street, Hobart Town. They next removed to the residence of a Mr.
Wallis: the soldiers and their coadjutor filled up the hour with
singing, exhortation, and alternate prayer. Corporal Waddy appears to
have been the leader of the band. They were assailed with great, though
transient fury: their devotion was stifled by hostile noises. The
governor, however, interfered, and the disturbers were intimidated.
But the landlord of the house growing weary of their company, they
sought a place of refuge. Donne, a carpenter, whose skilling formed a
workshop, was entreated to arrange it for worship. At first, he gave a
hesitating consent: his wife, a woman of vigorous temper and "a
Romanist," violently interdicted the project; "but," says the
chronicler, "that night there was a dreadful storm; the house rocked:
she awoke in terror, exclaiming, 'the methodists shall have the room!'"
The building became too small: it was enlarged to accommodate three
hundred persons: a society of fourteen members was constituted. On the
13th May, 1821, a Sunday school was established; the first in Van
Diemen's Land. All this was done in the absence of a minister. Waddy,
who was made a sergeant, went to India, where he soon died. He was
mentioned with admiration by his brethren. Donne had been a prisoner: he
lived to acquire the respect and confidence of his neighbours. His
proper name was Cranmer: he was descended from the family of the
illustrious archbishop.[129] He remained in membership until his
decease. Mr. Noakes, the organiser of these wesleyan victories, became
dissatisfied with their results: the _Gazette_, of 1823, announced that
he had withdrawn from their fellowship. To him, however, belongs the
honor of gathering the first school for gratuitous instruction.
In the year following, September 21st, 1821, the Rev. Mr. Horton
arrived. His labors were fatiguing and minute: he read the scriptures to
"four persons in one place, and addressed twelve in another; chiefly old
people and young children." He describes the social state of the
country: "The wretchedness of Launceston is past description:" "of the
deaths at New Norfolk, all except two are attributed to accident or
drunkenness."
Mr. David Lord gave Mr. Horton a plot of ground, and he resolved to
build. He was indefatigable in his collections; and by contributions,
then thought liberal, obtained £400.; but chapels are not built by
cautious men. Having raised the walls his money was gone; and they
remained long uncovered: a reproach to his calculation, but not to his
faith. The Rev. R. Mansfield, two years after, obtained timber and labor
from the government: gifts and loans were provided by the society in
England, and the building was completed.[130]
In 1822, a considerable religious immigration took place. Carvosso
transmitted accounts of the material and moral prospects of the colony,
which determined several of that class to settle in this island. They
embarked in the _Hope_, and encountered great dangers in the British
channel. On their complaints the vessel was seized, under an act for the
protection of passengers; and the _Heroine_ being chartered for the
purpose, they were transmitted at the expense of the government. The
owners successfully appealed against the seizure, and accused the
passengers of conspiracy; who, however, themselves suffered considerable
detention and loss.[131] Many still survive, having largely contributed
in their various spheres towards the social improvement of the country.
Mr. Knopwood was superseded, as principal chaplain, by the Rev. William
Bedford. This gentleman received his appointment by the recommendation
of persons who had been impressed by his zealous attendance on criminals
awaiting execution in the metropolitan gaols.
The presbyterian church was founded the same year by the Rev. Archibald
Macarthur. He was cordially received as a representative both of his
country and his religion: though not himself of the national church,
most Scottish names are appended to the first subscription for his
stipend.
The co-operation of the various bodies was not prevented by their
differences. Of the first annual meeting of the wesleyan mission, Mr.
Bedford was president, and the whole community joined in the support of
a bible society, the first religious institution of the colony.
The missionaries who fled from Tahiti a second time, formed at Sydney a
bible society, under the patronage of Macquarie, and transmitted a
considerable supply to the care of Mr. Knopwood. In return for the
liberal gift, an auxiliary was formed, of which Messrs. Birch and Dry
were the lay officers. The meeting held in May, 1819, contributed £100
on the spot: £300 during the year. This munificence was avowedly for the
credit of the settlement. Not only did the institution unite all sects,
but it was the first instance of friendly co-operation between the
emigrant and emancipist classes.[132] Among the contributors were twelve
who, giving 5s. each, designated themselves the "members of the free and
accepted masons of St. John's Lodge, Hobart Town." An early general
meeting of the society was an example of dispatch: the governor took the
chair, the report was read, the resolutions passed, and the meeting
dispersed within ten minutes. With such celerity were pious labors
finished in those days.
The erection of the archdeaconry in favour of the Rev. W. Scott, in
1824, was the result of his visit to the colonies, as secretary to
Commissioner Bigge, whose reports were attributed to his pen. His
alleged hostility to the emancipists excited resentment, and detracted
from his usefulness. When delivering his charge at Hobart Town, the
governor required the attendance of all officially connected with the
government, whatever their faith. New South Wales was within the diocese
of Calcutta, but the relation was nominal; yet the newspapers did not
think a visit from Bishop Wilson improbable.
The Rev. John Youl, formerly a missionary at Tahiti, was the chaplain of
Port Dalrymple. His labors were divided between George Town and
Launceston, and until his arrival no clergyman had ever visited the
northern districts of the island.[133] In 1819, he made a tour, and
baptised sixty-seven children, and married forty-one couple; many of
whom were recognised as such before his interposition.[134] He was
accustomed to call his congregation together by the sound of an iron
barrel, which was swung to a post, and struck by a mallet; or he
announced his arrival by walking through the settlement in his canonical
dress.
Launceston was destitute of a clerical resident until 1824, when Mr.
Youl returned with the establishment from George Town. The people were
sometimes weeks without a service, and three years without a clergyman.
Shortly after, during a visit of the governor, the church was crowded;
an event said to be unparalleled in the history of Launceston. The
church was a wooden building of small dimensions: sometimes occupied as
a court, sometimes as a temporary sleeping place for prisoners;
sometimes as a stable.[135]
The disposition of Mr. Youl was amiable, and his professional reputation
unblemished: placed in a station of little promise, he cultivated the
minds and affections of the young, and discountenanced vices he could
not extirpate.
The first Roman catholic priest established at Hobart Town, was the Rev.
Peter Connolly. Less polished than his protestant friend, Mr. Knopwood,
he was not less genial in his temper: the pastor of a people drawn
chiefly from the Irish peasantry, he well understood their character. He
received a grant from the crown, and erected a humble chapel and
dwelling-house; which he ascribed partly to the charity, and partly the
penance of his flock. He used a common brush to sprinkle them with holy
water, and spoke of their faults without much softness or reserve.
Occasionally an execution required his services at Launceston, otherwise
a place long overlooked by the priesthood.[136]
The return of the Sabbath was unattended in the country with a religious
welcome. Many employed their time in hunting: the more scrupulous in
visits, and the profane in labor or intemperance. A gentleman, now
distinguished among the wesleyans, was found by his neighbour ploughing
by the road side on Sunday morning: both himself and his men had
forgotten the day. Yet at the houses of all, a minister of religion, of
any name, met a cheerful entertainment and a willing audience. Whether
that the presence of an intelligent stranger is itself a grateful
interruption to rural solitude, or that the miseries resulting from sin
were too apparent for dispute, the utility of religion was never openly
questioned; and it is certain, that few people were less inclined to
reject the instructions, or to affront the ministers of religion.
FOOTNOTES:
[Footnote 121: _Collins_, vol. i. p. 498.]
[Footnote 122: _Life of John Mason Good._]
[Footnote 123: _Holt_, vol. ii. p. 97.]
[Footnote 124: _Bigge's Report_, p. 104.]
[Footnote 125: _Works_, vol. ii. p. 44.]
[Footnote 126: _Reid's Voyages_, p. 312.]
[Footnote 127: He is thus described by a companion, in the _Hermit in
Van Diemen's Land_: "The good old gentleman at length warmed with the
subject, and said in an under tone--'You must come and see Bob at the
cottage. Yeoix, yeoix: tantivy, tantivy;' to which friendly invitation I
immediately assented."]
[Footnote 128: The following is a discourse delivered by Captain Nairn,
and by its constant repetition was impressed upon the memory of the
relator. Captain Nairn would stand and thus address the prisoners on a
Sunday morning:--"Now, my men, listen to me. I want you all to get on. I
was once a poor man like you; but I used to work perseveringly, and do
things diligently and as such got taken notice of, until I became a
captain of the 46th. Now, I want you to work perseveringly; do things
diligently, and that will make you comfortable; and I will assist you,
that you may have houses for yourselves, and rise up to be equal to me."
It may be questioned if many sermons of greater pretensions, have not
been less humane and effectual; and this was often the sole substitute
for public worship.]
[Footnote 129: These statements are taken from the official papers of
the mission.]
[Footnote 130: The Rev. Mr. Mansfield continued until 1825. Under his
care the institutions peculiar to the wesleyans were fully established:
their _love feasts_, in which they relate the rise and progress of their
religious experience; their _watch nights_, when they wait in silent
prayer for the first moment of the new year; their _covenant_, in which
standing up together they pledge themselves to the service of the
Almighty.]
[Footnote 131: _Godwin's Guide to Van Diemen's Land._]
[Footnote 132: _Bigge's Report._]
[Footnote 133: Ibid.]
[Footnote 134: _Gazette_, February, 1819.]
[Footnote 135: Eye-witness.]
[Footnote 136: Mr. Fitzgerald, a respectable settler, speared by the
natives (1831), was carried to his grave by his neighbours; but was
indebted to a prisoner, sought out for the purpose, for the religious
rites usual at funerals.]
SECTION IX.
On the 19th July, 1823, the British legislature enacted a law for the
"better administration of justice in New South Wales and Van Diemen's
Land, and for the better government thereof;" to expire at the close of
the session of parliament, 1827. The old courts with their military
functionaries were superseded,[137] and a supreme court erected; whose
jurisdiction extended to causes, criminal, civil, and ecclesiastical.
The judges were entitled to the powers and jurisdiction enjoyed by the
courts of King's Bench, Common Pleas, and Exchequer of England; and to
enquire into and determine all treasons or other crimes committed within
the Indian or Pacific Oceans. The military jury of seven officers on
full pay, were retained; but the court proceeded according to the forms
of civil tribunals. The trial of civil issues was confided to the judge,
and two justices of the peace chosen by the governor; the right being
given to either party to apply to the court for a jury of twelve
freeholders. The king was authorised to extend trial by jury at
pleasure. Causes of more than £500, or a less sum with consent of the
judge, were subject to appeal to the governor of New South Wales; and
appeals in certain cases were allowed to the king in council. The rules
of court were authorised by the king. Courts of quarter session, and of
request for sums under £10, were established. The governor, with the
advice of a council of five or seven, or the major part of them, was
empowered to enact ordinances not repugnant to the laws of England. The
duties levied under former acts were made perpetual, but the council
were inhibited from imposing a tax, except for local purposes. The
governor, with one member assenting, could pass any law: or, for the
suppression of a rebellion, although all might dissent: and the king was
empowered to enact an ordinance which the council might reject.
It was provided also, that the king might erect Van Diemen's Land into a
separate colony: confer on the acting-governor, in the absence of the
governor-in-chief, the various powers conveyed by the act; and, in that
case, terminate the dependence of the supreme court on the court of New
South Wales. On these extensive powers the checks provided were the
requisite preliminary certificate of the chief justice, that the
ordinances proposed were consistent with the laws of England, or the
circumstances of the colony; the exposure of these acts on the table of
the House of Commons; the obligation of the governor to show cause for
the act passed in defiance of his council; the prohibition of direct
taxation, except for local purposes: guarantees of little value at the
time of their adoption, but rendered of greater importance by the growth
of freedom in the empire at large.
The act of parliament did not pass without animadversion and discontent.
Sir James Mackintosh moved that a jury of twelve should be substituted
for the clause constituting a military jury--the most obnoxious portion
of the bill. In this he was seconded by Mr. Wilberforce, but the
proposition was defeated by a majority of eleven. Mr. Canning
recommended a compromise between the friends and opponents of the bill,
by limiting its duration to five years, and to this the minister
assented.
The capacity of the colonies to furnish jurors was long a subject of
debate, Mr. Justice Bent stated, that after full consideration he
recommended a grand and a common jury, in conformity to the English law,
and the trial of convicts by the police;[138] but Commissioner Bigge
pronounced against the scheme, and was confirmed in his opinion by the
leading colonists of the time. The whole state of society opposed
serious objections to its adoption, and it was scarcely practicable in
Van Diemen's Land.
The settlers were generally desirous that Van Diemen's Land should be
erected into a separate colony. To this, Sorell was opposed. He thought
the measure premature: tending to augment the expenses of government; to
deprive the people of the advantages of an appeal to the elder colony,
and of participation in that more liberal system of government a larger
community could demand. A public meeting was, however, summoned, and a
petition adopted by acclamation. The sole dissentient present, Mr.
Murray, was roughly treated by the petitioners.
The nearer inspection of a chief authority, and the more ample means
possessed for good, were its advantages; but it occasioned a more rigid
separation in social life, multiplied offices which might have been long
confined to the elder colony, and removed too far the governor and
courts from effectual oversight and appeal. The colony was not
sufficiently consolidated to oppose a force of public opinion to the
despotic tendencies of the new constitution.
This petition was forwarded to the king through Mr. Edward Barnard, the
colonial agent, who owed his appointment to the suggestion of Mr. Bigge,
and the nomination of Lord Bathurst. His office was not, however,
political. He was authorised to purchase stores for the local
government; to give drafts on the colonial funds in exchange for cash;
and otherwise to assist persons designing to emigrate to this country.
He received 8 per cent. commission, and a salary until 1839, when it was
withdrawn. He bore no resemblance to those bold political agents, such
as Franklin, sent by the American colonists to watch their interests in
Great Britain.
* * * * *
In the early journals the name of Sorell occurs frequently, to
illustrate the qualities which adorn a ruler, and to point a satire on
his successor. On his departure a banquet was given him, where, said the
reporter, "the cup was often replenished, and the flow of reason never
ebbed." It was observed, that the return freight for merino wool, which
the colony owed to his care and foresight, anchored beside the
_Guildford_, that was to carry him home.
Towards the close of Sorell's government, the commerce of the colony was
assisted by the enterprise of some British merchants. A company was
formed at Leith, with a capital of £100,000, professing to promote the
welfare of the colonies, by taking their produce in exchange for
merchandise. A succession of vessels were dispatched: the first was the
_Greenock_; among the rest, the _Triton_, Captain Crear. These vessels
introduced many families from Scotland, whose moral worth and successful
enterprise have established their families among the chief of the land.
The shipments provoked the anger, and broke up the monopoly of the local
merchants.
The administration of Sorell was successful in colonial estimation: his
habits were familiar without rudeness, and his fine countenance
attracted the confidence of the stranger. He was accustomed to linger
about the gate of government house, chatting with the passers by, and a
slight excuse entitled the humblest ranks to prefer their solicitations.
The admiration expressed by the settlers for his character, was partly
the result of their relative positions. He was a dispenser of crown
favors, and when compelled to refuse an immoderate suitor, he could
refer his request to the governor-in-chief. The rigour of king's
commissioner was softened by his official worth: nor is it necessary to
search for a censure, amidst such concurrence of praise. The settlers,
to express their regard, agreed to offer Sorell a testimonial of £750
value. They deprecated his recall by petition[139]--a rare instance of
popular favor: there was but one dissentient. A request so unusual
might, perhaps, have been successful, had it not come too late.
On his return to England, he received a pension, which commencing in
1825, continued until his death--twenty-four years, and amounted to
£11,500: more than the official salary he received during his government
twice told. This pension was authorised by the crown, and charged on the
colonial revenue. Sorell was colonel of the 48th regiment: he died on
the 4th June, 1848, in the seventy-fourth year of his age.
The aspect of the country at this time was not inviting to strangers;
but the current of colonisation was set in, and its ultimate
superiority, compared with all others, became an article of Tasmanian
faith. On this subject the agricultural societies maintained a war of
papers. Baron Field, the chief justice of New South Wales, was the
champion of that country, and dwelt on its vast forests, its wool, its
boundless pastures and rivers. The president of the Tasmanian
agriculturists urged all in the defence of Van Diemen's Land, which
became his position. At that time, protective laws had not furnished
them with more formidable weapons.
The trials and disappointments of the colonist pioneer, will have been
long since forgotten. The modern emigrant to Australia can know them
only in part. He is carried to his destination by a public conveyance,
at a cost determined by extensive competition. He can have the
mechanical labor he may need: he can buy the stock, descended from
European flocks and herds, lower than in their native regions. The
choice fruit trees, flowers, and plants, which multitudes have combined
to collect, he can obtain often at a gift. The costly experiments of his
predecessors have established the rules which preserve his crops from
destruction, or his folds from disease. There is a market for his
produce, and a bank for his money; and a school for his children.
A poet, of some celebrity, predicted the fortunes of Tasmania. The
picture he drew, is no unpleasing prospect for posterity:--
"Now, on my soul the rising vision warms,
But mingled in a thousand lovely forms!
Methinks I see Australian landscapes still,
But softer beauty sits on every hill:
I see bright meadows, decked in livelier green,
The yellow corn-field, and the blossomed bean:
A hundred flocks o'er smiling pastures roam,
And hark! the music of the harvest home!
Methinks I hear the hammer's busy sound,
The cheerful hum of human voices round;
The laughter and the song that lightens toil,
Sung in the language of my native isle!
The vision leads me on by many a stream;
And spreading cities crowd upon my dream,
Where turrets darkly frown, and lofty spires
Point to the stars and sparkle in their fires!
Here Sydney gazes, from the mountain side,
Narcissus-like upon the glassy tide!
O'er rising towns Notasian commerce reigns,
And temples crowd Tasmania's lovely plains!
The prospect varies in an endless range;
Villas and lawns go by, in ceaseless change:
And wafted on the gale from many a dell,
Methinks I hear the village Sabbath bell!
Faith upward mounts, upon devotion's wings,
And, like the lark, at heaven's pure portal sings;
From myriad tongues the song of praise is poured,
And o'er them floats 'the spirit of the Lord!'"[140]
FOOTNOTES:
[Footnote 137: Mr. Samuel Bate, after exercising the functions of judge
at Port Phillip (1803), returned home, and received the appointment,
many years after, of inspector of excise, at Port Jackson.]
[Footnote 138: _Par. Pap._ 1812.]
[Footnote 139: The following may be considered almost unparalleled in
the history of modern colonies, and in this has never been repeated. The
government of Sorell was rather patriarchal than despotic; and compared
with the mass of newly arrived emigrants he was the old inhabitant. Many
who had never seen official men, but at an awful distance, were charmed
with the affability and kindness of the governor, and his recall seemed
the withdrawal of a liberal patron:--
"AT A PUBLIC MEETING of the Landholders, Merchants, and Free Inhabitants
of Van Diemen's Land, by public advertisement assembled, at the Court
House, in Hobart Town, the 30th day of October, 1823, JOHN BEAMONT,
Esq., Provost Marshal of Van Diemen's Land, in the chair;
"Resolved--(Moved by Edward Abbott, Esq. junior, seconded by James
Gordon, Esq.)--That in the present state of this colony, that union of
wisdom and experience, which his Honor Lieutenant Governor Sorell has on
every occasion so strikingly exhibited, is most essential to our general
and individual interests. It becomes therefore of the very utmost
importance to us, that in any contemplated changes, as to this colony,
Lieutenant Governor Sorell may not be removed from his present
government; inasmuch as no successor, whom it may be the pleasure of his
Majesty to appoint, can be possibly expected to bestow all that general
and individual attention to our wants and wishes, and to be able,
satisfactorily and advantageously, to encounter any difficulties which
may occur, without a considerable lapse of time, and much probable
encreased inconvenience; while from the steady, calm, decided, and
experienced judgment of his Honor Lieutenant Governor Sorell, we have
every reason to hope for the most prosperous continuation of his present
successful administration.
"2nd. Resolved--(Moved by A. F. Kemp, Esq., seconded by F. Dawes,
Esq.)--That a most dutiful Address be presented to his Majesty, grounded
upon the preceding resolution; and that a committee of fifteen gentlemen
be appointed to prepare the same, and to carry into effect the object of
the present meeting, in such manner as shall appear most proper and
expedient.
"3rd. Resolved--(Moved by T. G. Gregson, Esq., seconded by W. A.
Bethune, Esq.)--That the Address, when signed, be forwarded with the
least possible delay to Edward Barnard, Esq., our colonial agent in
London, requesting that gentleman to adopt the necessary measures for
forthwith submitting it to his Majesty's most gracious consideration,
and to use his utmost endeavours to obtain the object of the same.
"4th. Resolved--(Moved by R. L. Murray, Esq., seconded by J. Gordon,
Esq.)--That a subscription be forthwith entered into, to defray the
expenses which may arise from carrying into effect the present
resolutions, and for the purpose of presenting to his Honor Lieutenant
Governor Sorell a Piece of Plate, in token of our affectionate
remembrance of the great obligations we owe him, and that such
subscription be limited to the sum of two dollars, individually.
"5th. Resolved--(Moved by A. F. Kemp, Esq., seconded by J. Archer,
Esq.)--That H. J. Emmett, Esq. and P. A. Mulgrave, Esq. be requested to
undertake the offices of treasurers of the subscription, for the
counties of Buckingham and Cornwall, respectively.
"6th. Resolved--(Moved by T. G. Gregson, Esq., seconded by T. Anstey,
Esq.)--That a copy of these Resolutions, and of the Address to his
Majesty, be transmitted to his Honor Lieutenant Governor Sorell, in such
manner as by the Committee shall be considered most respectful to the
Lieutenant Governor, and suitable to the occasion.
"7th. Resolved--(Moved by R. Espie, Esq., seconded by J. Gordon,
Esq.)--That the following fifteen gentlemen do form the committee for
the purposes before resolved:--
E. Abbott, Esq. jun.
T. Anstey, Esq.
J. Archer, Esq.
W. A. Bethune, Esq.
F. Dawes, Esq.
H. J. Emmett, Esq.
J. Gordon, Esq.
T. G. Gregson, Esq.
S. Hood, Esq.
A. W. H. Humphrey, Esq.
A. F. Kemp, Esq.
R. L. Murray, Esq.
H. Ross, Esq.
G. F. Read, Esq.
J. Scott, Esq.
"8th. Resolved--(Moved by J. Archer, Esq., seconded by T. Anstey,
Esq.)--That these Resolutions, and a copy of the Address to his Majesty,
be inserted three times in the _Hobart Town_ and _Sydney Gazettes_; and
in the _Times_, _New Times_, _Morning Chronicle_, and _Courier_, London
newspapers.
"JOHN BEAMONT, _Provost Marshal, Chairman_.
"The Provost Marshal having quitted the chair, and James Gordon, Esq.
having been requested to take the same;
"Resolved--(Moved by E. Abbott, Esq., junior, seconded by R. L. Murray,
Esq.)--That the thanks of this meeting be given to John Beamont, Esq.,
our worthy Provost Marshal, for the readiness with which he has convened
the present meeting, and for his able, upright, and impartial conduct in
the chair.
"JAMES GORDON, _Chairman_."]
[Footnote 140: _Australia; with other Poems._ By T. K. Hervey, London,
1824.]
HISTORY OF TASMANIA.
FROM 1824 TO 1836.
FROM 1824 TO 1836.
SECTION I.
George Arthur, Esq., fourth Lieutenant-governor of Van Diemen's Land,
arrived in the _Adrian_, on the 12th May, 1824. Formerly superintendent
of Honduras, he was extensively known as an officer of inflexible and
energetic disposition: his administration had occasioned considerable
debate, and was the subject of parliamentary and judicial enquiries.
Honduras, an establishment on the American coast, was occupied by
adventurers from Jamaica. At first interlopers, their presence was for a
time unnoticed by the Spanish crown. A hundred years were passed in
unavailing protests and opposition, when the court of Spain reluctantly
recognised the location of the cutters of logwood within its undoubted
territory.
In 1814, Arthur was appointed superintendent by the Duke of Manchester;
at the same time he received from General Fuller the government of the
troops in the following words: "I do hereby constitute and appoint you,
the said George Arthur, to command such of his Majesty's subjects as are
now armed, or may hereafter arm for the defence of the settlers at the
Bay of Honduras; you are, therefore, as commandant, to take upon you the
care and charge accordingly." In virtue of these appointments he claimed
both the military and civil command, until he quitted the settlement in
1822.
In 1820, Bradley, an officer stationed at Honduras, was promoted to the
rank of lieutenant-colonel on full pay, and knowing that the regiment of
which Arthur was colonel (the York Chasseurs) was disbanded, he
considered himself entitled to the military command, by the seniority of
rank, according to the rules of military service: he refused to
acknowledge longer the authority of Arthur, or to attend a council of
officers to which he was summoned. Arthur instantly caused Bradley to be
arrested, and his sword taken from him; and he was detained a prisoner
for seventy-three days.
An account of this transaction was transmitted to Jamaica, when General
Fuller, the superior officer, ordered the colonel's liberation; but
forwarded to the authorities in Great Britain a statement of the
dispute. The conduct of Colonel Bradley was deemed inconsistent with
military subordination: he was dismissed from the service without trial;
he was, however, allowed to dispose of his commission.
Colonel Bradley instituted an action against Arthur for false
imprisonment: his counsel was the present Lord Brougham: Arthur was
defended by the law officers of the crown. There were two questions to
decide: whether the arrest was legal, and then whether unnecessary
hardship had been endured by the plaintiff. The jury, considering that
Bradley's detention was unnecessarily prolonged, gave him damages to the
amount of £100. The appointment of Arthur to the government of this
country withdrew him from the effect of a legal process, and when
Bradley appealed against what he deemed the injustice of his evasion, he
was told that he could await his recall. Colonel Bradley next published
a statement, that General Fuller had antedated Arthur's commission as
commandant, thus to justify the measures he had taken: a charge
amounting to forgery. A criminal information was filed against Bradley:
he was found guilty, but was not brought up for judgment.
It was decided by the judges that Bradley was mistaken, and that
Arthur's title to command was regular and valid. Bradley, however,
continued to maintain that he was the victim of a deep conspiracy, by
which Arthur was rescued from the consequences of usurpation. It is
certain that Bradley was ruined.
The judges, in pronouncing a decision on Bradley's appeal against the
verdict of justification which Arthur obtained, in reference to the
arrest, set aside the rules and regulations of the service. Their
judgment was built merely upon the absolute discretion of the crown in
the distribution of military command: they inferred that the approval of
Arthur's proceedings and the dismissal of Bradley, were sufficient
evidence of the royal will.[141]
This was not the only charge exhibited against Arthur. In Honduras,
slavery existed in its foulest forms.[142]
Colonel Arthur obtained the countenance of an important class of
politicians, by the compassion he expressed for the negro race, and his
exposure of the connivance of magistrates at the cruelty of masters. He
minutely described the sufferings of several women of color in his
despatches to the secretary of state; and especially denounced that
atrocious bench, which admitted a plea of ownership in justification of
the crime of maiming. The details given by Arthur fully justify his
interference, and the enmity of a people by whom they were tolerated
inflicted no disgrace. Thus a mistress, whose careless severity injured
the eye and severed the ear of a negro woman, pleaded the rights of
property, and the magistrate admitted the defence, although the
character of the sufferer was unimpeached. In flogging, the owners often
stripped off the lower clothing of the female slaves, threw them on the
ground, and fastened their limbs to stakes.[143]
Wilberforce and Stephen, the great advocates of slave liberation, who
possessed influence with the executive, considered Arthur a valuable
coadjutor in their glorious cause, and were supposed to pardon the
arbitrary spirit of his government for the sake of his philanthropy.
This evangelical alliance was a standing subject of reference and
criticism.
It may be proper to notice the moral state of this colony on Arthur's
assumption of office. The meeting which adopted a farewell address to
Sorell, authorised a similar compliment to Arthur on his accession. It
was couched in the language of cold respect: parting reluctantly with
their late governor, the people were less disposed to welcome his
successor. The reply of Arthur was not less formal and cold: he took
occasion to express his conviction that the moral example of the free
population was essential to the improvement of a class less favored; and
that while employing his authority for the general welfare, he was
resolved to maintain the rights of the crown. Such sentiments and
purposes were just; but scarcely likely at that moment to be heard with
pleasure. The good sense of Sorell discountenanced the excesses of vice,
but the moral standard of England he had not attempted to raise. The
domestic circumstances of Arthur were more favorable to his authority as
a censor; and happily for our ultimate welfare, he resolved to
discourage violations of social decorum. Many settlers, whose rank in
life made them unwilling to contract lawful marriages with prisoners or
their offspring, were surrounded by a numerous race. Their example
affected those in stations beneath them. To arrest this domestic evil,
was doubtless the duty of Arthur; but it was not always performed with
consideration. Many were unable to marry; but were unwilling to abandon
connexions sanctioned by the circumstances of the colony and the habits
around. They were placed under a ban: the favours of government were
denied them. Such as were in subordinate offices were dismissed; and
however lasting the utility of this rigour, its immediate consequence
was irritation, resistance, and contempt.
The state of the prisoner population, though considerably ameliorated by
Sorell, was far from satisfactory. Left much at their own disposal from
the hours of labor till their return, they were masters of that portion
of their time most suitable for dissipation and crime. The extent of
their depredations, and the deliberation with which they were performed,
indicated an extensive confederacy. The subordinate police, prone to
connive with offenders, was ill-regulated and insufficient. Goods were
carried off in masses: bags of sugar and chests of tea were abstracted
from the stores; cart loads of property were swept off at once. The
habits of the populace were daring, profane, and intemperate; and to
coerce such materials into order, required the utmost vigour and
discretion.[144]
The chief justice, John Lewes Pedder, Esq., brought from Great Britain
the charter of the supreme court, which was proclaimed in the
market-place on the 7th May, 1824. On the 24th of the same month, the
court opened for business, and Joseph Tice Gellibrand presented his
commission as attorney-general. In his opening speech he declared his
resolution to adopt the maxims of the illustrious Hale. He eulogised the
jurisprudence of his country, and especially trial by jury; but the
military uniform which appeared in court, if it did not lesson its
utility, deprived the institution of its grace.
The first person tried was named Tibbs, for killing a negro, who while
watching for thieves was himself taken for a robber. Though not a
constable, he found pleasure in detecting the crimes of others, and had
in some instances succeeded. He fell a victim to this singular passion:
he was haunting the premises of a settler, by whose servant he was
slain.
The first prosecution for libel was at the instance of Mr. R. L. Murray.
This gentleman, formerly a captain in the army, had been transported for
bigamy. At an early age, while stationed in Ireland, he became
acquainted with a presbyterian lady, and was married to her according to
the rites of her faith. Considering himself trepanned, he came to the
conclusion that the ceremony was void, and subsequently espoused
another. Twenty years after, he was prosecuted; but not at the instance
of the parties more immediately concerned. In an appeal to the British
nation, published at the time, he ascribed the charge to malice; and he
made several unsuccessful efforts to obtain the reversal of the
sentence. In the opinion of eminent counsel, the ceremony was invalid;
and many years after, the judges decided that the marriage of a
presbyterian and an episcopalian in Ireland, could only be celebrated by
a clergyman of the establishment. Sir Samuel Romilly and Mr. Whitbread
called the attention of the Commons to the extreme severity of the
sentence, and were resisted by the ministers with party warmth.[145]
Murray was educated at Westminster and Cambridge; and had spent twenty
years in the service when his commission, as captain in the Royal Waggon
Train, was declared forfeited. After residing some time in New South
Wales, he settled in this island: his extensive experience and literary
talents procured his admission to the limited society. Having adopted
the opinion that an independent colonial government would not add to the
freedom or prosperity of the colony, he opposed the petition. The
committee for its promotion set up a placard, which referred to the
history of the dissentient, and exposed themselves to a criminal
prosecution.
The establishment of a court seemed to be the signal for an outbreak of
disorder and violence. Many prisoners escaped from confinement, and for
a long period a succession of depredators alarmed and pillaged the
colony. The settlers promptly tendered their assistance to the
government, to garrison the towns or scour the bush. Their assistance
was chiefly valuable for the moral support it afforded, and its
influence on the minds of the labourer in bondage. The exploits of the
bushrangers properly belong to the history of transportation, and are
related in Vol. ii. p. 194. The terrors they spread retarded the
occupation of the country, and joined with the assaults of the natives
made the life of a Tasmanian farmer one of considerable danger. At this
time the remote estates were guarded by soldiers: loop-holes pierced the
walls; fierce dogs were stationed as sentinels; and the whole strength
of a district was sometimes employed in pursuit. Few settlers have
escaped assault and loss. Many families, who in Great Britain thought of
an armed robber only with feelings of terror, by long familiarity with
scenes of danger, acquired a cool courage, which would not dishonor a
soldier by profession. The unsparing sacrifice of the robbers captured,
gradually terminated the practice of bushranging, and the colony enjoyed
a long season of comparative repose.
The duties, levied first by the authority of the governor-in-chief, and
afterwards sanctioned by parliament, were collected by the Naval
officer, who received 5 per cent. on the amount: he also performed the
duties of treasurer. Dr. Bromley, the surgeon of the first fleet,
subsequently made seven voyages to the colonies, when he obtained the
appointment. The infrequent examination of the accounts, exposed the
treasury to undetected pilfering, and the colony to loss: in 1824, a
large defalcation was discovered, which, ascertained by a jury of
merchants, amounted to £8,269. They recommended the defaulter to the
lenient consideration of the government, as the victim of others. Dr.
Bromley had been subject to the daily peculation of servants, and robbed
of cash and plate, to the value of £500, at once. His integrity was not
impeached: the public business, however, had been conducted without
check. The per centage was abolished, and the offices of treasurer and
collector separated, and confided to Mr. Jocelyn Thomas and Mr.
Hamilton.
The admission of goods liable to customs had been lax. The new settler
landed his rum duty free, when intended for his own use; but smuggling
was carried on to a large extent, and the protection of the revenue
required a more severe supervision. The rigour was not always exercised
with courtesy; and the vallise of Mr. Edward Lord, formerly
acting-governor, was detained by the naval officer, with some
expressions of indignity.
The merchants were deeply offended by the imposition of a duty at Hobart
Town, higher than was fixed by Brisbane at Port Jackson, as injurious to
their trade; and that duties levied prior to landing, were sometimes
imposed on wines never actually delivered. They requested that the
charges might be equalised with the other port, and that the excess
already taken should be restored. In reply, Arthur not only refused to
entertain the petition, but vindicated with great ardour the conduct of
Hamilton, as a traduced and excellent public officer. Such was the
answer to the merchants who complained of excessive and unequal imposts.
Dissatisfied with the reply, they required the sheriff to call a public
meeting, to address the governor-in-chief, the colony being still a
dependency. This the sheriff, Mr. Dudley Fereday, declined, complaining
that his honor Colonel Arthur was not mentioned in the requisition, and
the object of the meeting not sufficiently defined. A meeting was
therefore called to reprobate the ignorance and presumption of the
sheriff; but the dispute ended without any other practical consequences
than a wide impression that the government was despotic and
contemptuous.
A more important variation between the colonies was displayed on the
question of trial by jury. The magistrates of New South Wales were
required to shew cause for the non-issue of a precept to the sheriff, to
summon a jury. The rule _nisi_ was made absolute. Chief Justice Forbes
decided that the magistrates derived their commission from the king, and
not the parliament; that their functions and obligations were settled by
common law; were not mentioned, and therefore not taken away by the act.
The petty session thus traced its existence to the royal commission: the
supreme court to the parliamentary law.
When the report of the determination by Judge Forbes reached this
colony, Mr., now Sir Alfred Stephen, brought the question before the
court in a similar manner. He argued that it was the duty of the court
to construe the act of parliament in a form the most favorable to the
subject. On the other side it was maintained, that the colony was too
small to furnish civil juries, and the parliament had superseded them.
The act itself which instituted the military jury for the supreme court,
and gave civil juries in civil cases, left the extension of the
practice to the royal discretion alone.
Judge Pedder, in giving judgment, stated that according to the practice
previously in the colonies no civil juries had been known, and the act
of parliament which conferred trial by jury did not give a common one,
but retained the military jury. On the whole he was of opinion that
parliament had overruled common law, and taken away trial by jury,
except as provided by the act, or extended by the king.
Thus, while Judge Pedder ruled that the petty juries were illegal, at
New South Wales they were sitting under the sanction of the then
superior authority. That the decision of our supreme court was a more
correct interpretation of the intentions of parliament, is scarcely to
be doubted; but the words of the act did not necessarily extinguish a
common law right, and the intention of legislators is not law. The
decision of Forbes was more agreeable to Englishmen, though scarcely
compatible with the condition of the country.
The treatment of Mr. Gellibrand, the attorney-general, who was dismissed
from his office by Arthur, for unprofessional conduct, excited great
interest in the legal circles of Great Britain. The disagreement sprang
chiefly from a trial, Laurie _v._ Griffiths, characteristic of the
times. The plaintiff sued for damages for the illegal capture of a
vessel of 12 tons, of which he was the owner and master. The vessel,
called the _Fame_, was found by the brig _Glory_ in Twofold Bay.
Griffiths, the owner of the _Glory_, invited Laurie on board, and made
him prisoner. He then boarded the _Fame_, deprived her of charts and
compass, and amidst the shouts of his seamen fastened her to the tail of
the _Glory_. In this condition she was carried triumphantly towards
Launceston; but a storm arising, the _Glory_ encumbered by the _Fame_,
cast her adrift, when she was exposed to great danger. The prize-master
ran her on shore, and the party wrecked, after fourteen days journey
through the woods, reached George Town. The justification pleaded was
that the plaintiff had conveyed prisoners from Port Jackson, and was
liable to forfeiture; that he had embarked in an unlawful voyage, and
intended to visit Launceston to circulate forged paper. No proof of
these assertions was offered, and the jury granted £460 damages; a
verdict which the government found no occasion to disturb.
Mr. Gellibrand, upon the close of the action, was called to account for
mal-practice. Mr. Dawes, an attorney, presented a statement to the
governor, which was forwarded to Judge Pedder, who returned it as not
within his province. Mr. Alfred Stephen, therefore, brought the
complaint formally before the court, and moved that Gellibrand should be
struck off the rolls. The main question was this: whether a barrister
holding a general retainer could, without license, advise the opposite
party, or whether he could draw pleas for both. It was maintained by Mr.
Stephen, that the practice was dishonorable and dangerous: in the early
stages of a cause facts might become known to a barrister, which would
make him a formidable antagonist to his former client. He asserted that
whether the practice were common in England or not, it was detestable;
and if allowed, would compel him to relinquish the profession, "or seek
an honorable pittance elsewhere."
In the case of Laurie _v._ Griffiths, Mr. Gellibrand had drawn the pleas
for the plaintiff, and afterwards acted officially against him; he,
however, transferred the fee he received to Mr. Stephen, when he was
compelled to relinquish the cause. The profession, almost unanimously,
asserted that the custom of the English bar warranted the practice of
Gellibrand. The judge stated that he was not concluded by the custom of
the English bar, and that the court might treat as a contempt a practice
tolerated at Westminster: he considered the custom pernicious, but
dismissed the case, and left the governor to act for himself.
The appeal of Mr. Gellibrand to the profession perfectly vindicated his
conduct. It was found that the first counsel in England often acted
against a retaining client, and sometimes drew pleas on both sides.
Thus, in a question of a right of way, the same counsel drew the
declaration, the plea, and the replication. However objectionable at
first sight, where legal technicalities are so fatal to even a right
cause, it would be no small hardship were an opulent person permitted to
engross the legal talents of an island, and exclude his antagonist from
the possibility of obtaining justice. The excitement occasioned by this
dispute was of long continuance, and motives were freely imputed.
Although the chief justice dismissed the motion of Mr. Stephen, the
governor determined to press the charge, and appointed a commission of
enquiry. Additional matter was urged: it was said that Gellibrand
advised a client to enter an action against a magistrate, whom his
office might oblige him to defend, and that his intimacy with Mr.
Murray did not become his relations with the government. Mr. Sergeant,
now Judge, Talfourd regretted that by quitting the commissioners
appointed by the governor, he had damaged his case. The crown had a
right to dismiss; but he was clearly of opinion that the proceeding of
the local officers was the effect of either "malice or mistake." The
charges of professional malversation he pronounced too absurd for
notice; that the practice was not only allowable but often imperative.
Mr. Stephen, on his passage to this colony was involved in a quarrel,
which ended in an assault. On his action he obtained £50 damages. His
bill of costs, twice that amount, was published, to contrast with the
professional scruples which inspired his opposition to Gellibrand. This
bill consisted of one hundred and twelve items, among which the
following: "to instructions for replication," "for brief," "retaining
fee." Many other such payments of self to self, passed the taxing of the
master. After paying actual expenses, Mr. Stephen, however, handed the
surplus to a chanty.
The master of the supreme court arrived in October, 1824. This gentleman
was the brother of the late William Hone, a party writer of great
celebrity, whose opinions in early life were extreme, both in reference
to politics and religion. For publishing parodies, which employed the
language of the _Common Prayer_ as a vehicle of political complaint, he
was tried by Lord Ellenborough. His fame was greatly increased by the
pertinacity and skill of a successful defence. He afterwards wrote the
_Day Book_, a work of ability and research; and in the last years of his
life he embraced the faith, and died with the reputation of an ardent
christian. Joseph Hone, Esq. succeeded Mr. Gellibrand. The uniform
gentleness of his character has been respected by the press: he is
mentioned only to be praised.
The arrival of General Darling was a time of festivity: he proclaimed
the independence of the colony on New South Wales, December 3, 1825.
While present, he was entitled to govern; but when he set sail, Arthur,
who had been addressed as "Your Honor," assumed the authority of
governor-in-chief, and, responsible only to the home-office, became "His
Excellency." The colonists were less delighted with the possession than
the prospect of a chief governor; although the spirit of General Darling
was not more favorable to the enlargement of their liberties.
The legislative and executive councils were appointed, consisting of
officers of the government: among them, it is said, a relative of
Spencer Perceval, the statesman. He had been nominated to an office in
this colony, but he never arrived; his name is, however, second on our
first list of legislators.
The division of the island into police districts, subject to a
stipendiary magistrate (1827), brought the prisoner population under the
more direct control of the government. It was a great improvement in the
internal discipline of the colony. Gentlemen, themselves masters, were
liable to the bias of a position full of vexation and disappointment,
and less favorable to a cool and impartial administration of justice.
The executive revised their sentences, and thus reflected on their
judgment. Nor were they willing always to spare the time required by a
patient investigation, or to distinguish between a frivolous and a
proper defence. Some curious examples of magisterial equity are often
told: one rose from the bench, when he heard his waggon in the street,
and delivered his sentence in his progress towards the door--"I can't
stop: give him fifty." A cattle stealer owed his life to the same
impatience of enquiry: before the charge was half investigated, the
magistrate said, "give him fifty"--an easy compromise with the hangman.
A reverend gentleman met a party of men brought up for disobedience: he
sent them back, with "ah, well, give them five-and-twenty all round." It
was common to send a note with the man whom it was intended to punish:
he was flogged, and sent back. A man, suspecting the contents of such a
missive, gave it to his fellow-servant, who was flogged in spite of his
protests. Another, who had been on a similar errand before, returned
next day to his master, complaining bitterly of his suffering; but he
had destroyed the note and eluded the triangles. Such eccentricities of
justice could not last beyond the rudest era.
The site of the capital narrowly escaped a second change. The
commissioner, Mr. Bigge, considered that the seat of government should
be fixed nearer to the source of the river Derwent. Brighton was
nominated the destined city, close to an extensive and fertile country,
and within easy access to the interior. Arthur was instructed to
determine this question. Its chief inducement was the removal of the
prisoners from the temptation of the port; but property was already
invested to a large amount. The merchants strongly opposed the transfer.
The division of the government from the chief population would have
destroyed its moral influence. Arthur did not press the project, and
during a conference with the merchants and other principal inhabitants,
discussed the question with courtesy. On the whole, the measure was
impolitic, and finally abandoned.
The uncertainty for some time obstructed the progress of the place.
Launceston was still more unfortunate. When York Town was abandoned as
the chief settlement, Paterson removed his head-quarters to Launceston;
but on the visit of Macquarie he determined to constitute George Town
the northern capital. The superior convenience of a spot at the head of
the river to one forty miles distant, gave Launceston the mercantile
preference. Macquarie maintained his project to the last; but the
opinion of Mr. Bigge determined the dispute in favor of Launceston, and
the head-quarters, in 1824, were removed finally from George Town.
A fatality has seemed to attend the selection of chief townships in the
colonies. Sydney is a second choice, Hobart Town a second, Launceston a
third, Melbourne a second. New Zealand has experienced the same vexation
and losses which proper surveys might easily avoid. The general
government can have no sinister interest in these changes, but those who
foresee and promote them may largely gain.
The principal objection to Launceston was the navigation of the river,
which was dreaded by vessels of tonnage; but its reputation was worse
than its dangers. Lighters, and even rafts, were employed to discharge
ships which would now approach the wharves. The _Aguilar_, Captain
Watson, spent several months at George Town, and charged the detention
on the river. This was resented by Arthur, who stated that the master
had dispatched the mate and seamen on a sealing voyage, and loitered for
the purpose of traffic; and sought to excuse the delay by defaming the
port.[146]
FOOTNOTES:
[Footnote 141: _Barnwell and Cresswell's Reports._]
[Footnote 142: An obscure publication appeared at Jamaica in 1824,
designated a _Defence of the Settlers of Honduras_: a work intended to
refute the imputations on which his anti-slavery policy had been
justified. Whether the book itself really existed, or the passages
professedly extracted from it deserve any credit, is questionable: the
authority being an opposition paper.]
[Footnote 143: Colonel Arthur's letter to Lord Bathurst, 1820.]
[Footnote 144: The disorders of this period will be found described in
vol. ii, of this History.]
[Footnote 145: _Appeal to the British Nation._ By R. L. Murray, Esq.:
London, 2nd edit.]