SECTION IX.

The duty of the Commissioner being discharged, it devolved on the home

government to gather, from the mass of facts he accumulated, those which

discovered abuses remediable, and to select for adoption the

recommendations of their chosen councillor. The changes he advised

amounted to a total revolution in the system, subject to his censorship;

but so obstinate are evils, fostered by local interest and lengthened

indulgence, that years elapsed before the effects of his influence were

powerfully realised. He, however, secured for the exclusionists the

recognition of their favorite principle, and not only were emancipists

pronounced ineligible for the future, but those already in the

commission found it expedient to resign. Mr. Redfern was dismissed.

This determination of the imperial authorities, by whatever reasons

supported, was a deviation from a practice which covered the entire

period of Macquarie's government; therefore sanctioned, expressly, or by

the silence of the crown. The degradation of those on the bench, could

not have been politically important, and was one of those acts of power,

which rather gratify the vengeance of caste, than vindicate the purity

of government. The mortification of the emancipists, at this triumph,

was intense: they justly felt, that the ministers, and not they, were

responsible for measures which had recognised their eligibility to the

usual honors of colonial opulence; and that, even were it expedient to

abandon the former system, a less violent process might have been

discovered.

It may not be amiss to describe the career of an emancipist, of whose

elevation Mr. Bigge remarks, "that it had been most strongly urged

against Macquarie by his enemies, and most questioned by his friends."

This case (1810) formed the precedent for appointments from persons of

his class, and, as selected by Mr. Bigge, may be considered a specimen

of the most objectionable. The facts of the Commissioner are all here

embodied; his detracting tone is abated.

Andrew Thomson was a native of Scotland: his relations of that class of

traders, in their own country called merchants; who carry their goods

from town to town. He was sixteen years of age on his arrival in the

colony, and therefore, a boy of fourteen or fifteen when he forfeited

his liberty. When free, he engaged in business as a retail shopkeeper,

and traded to Sydney in boats built by himself: the defects of his

education he partly cured by application, and acquired such knowledge as

ordinary retail shopkeepers possess. He established a salt manufactory,

a ship-building establishment, and it was _rumoured_, an illicit

distillery. He was chief constable: kept a public-house--such was the

common practice of traders. He acquired great influence among the

settlers, by his forbearance and liberal credits; his business extended,

and he became a considerable landholder. He supported the legal

authority during the rebellion, and suffered for his loyalty; a just

ground for the esteem of that Governor, who came to restore the

authority of his sovereign. When an inundation of the Hawkesbury exposed

the settlers to great suffering, he undertook their relief; supplied

them with goods, and was happily a gainer by the risk which his humanity

induced him to incur: so great was the importance of prompt exertions,

he was permitted to employ both the men and boats, which were under his

control as superintendent of convicts.

In his neighbourhood, there were but two persons suitable to the office

of magistrate, and having filled that of chief constable with great

approbation, the Governor, Macquarie, considering his youth at the time

of his offence--the merit of his loyalty when few were loyal--his

industry and opulence, and his reputation for humanity--did not think

his former condition a bar to a commission of the peace. It is said that

Lieut. Bell, who conducted the party by whom the government-house was

surprised, and a Governor made prisoner, objected to his appointment;

but his opposition was confined to murmurs, or if represented at home

met with no sympathy from the ministers.

Mr. Thomson was admitted to the company of the Governor, and the parties

of the military, who yet, it is said, were not pleased with the abrupt

suppression of the absolute ban. He died within the year of his

elevation to the bench. Governor Macquarie commanded an epitaph to be

placed on his tomb, stating that "it was in consequence of his character

and conduct, that he appointed him to the magistracy; and that, by the

same act, he restored him to the rank in society he had lost." His death

was regretted by his neighbours, who in a public address to his

Excellency described him "as their common friend and patron." It must be

added, he had participated in some of those immoralities, which, in the

time of the Prince Regent, dishonored the residence of kings; and he

escaped that just reproach which could not be expected where the

selection of mistresses was the prerogative of military command. Such is

a fair statement of Andrew Thomson's character, as given by Bigge,

without his reflections.

The disclosures of the Commissioner terminated the indulgences given to

expirees, with such "unsatisfactory results." The small portion of land

granted them, without great industry, was incapable of supplying their

wants, and they were the pests of their neighbours; or, when they

settled on allotments in town, they obtained materials from the royal

stores by the assistance of their fellows.[138] Land was still granted,

but not as the indispensable consequence of transportation.

The plan of recompense to officers in kind, he also condemned: rations

of food and rum, double and triple; and the assignment of men to earn

wages, as the salaries of their masters, were gradually substituted by

payments in money. The small sums formerly allowed, were rather the

wages of servants who live on their fees: by a casuistry, never long

wanting to those who earnestly seek it, even men beyond the rank of

overseers, persuaded themselves that the recognised stipends were never

intended to be reckoned as payment.[139] The tender of these supplies

was a source of profit to the officers; like the butlers of noblemen,

persons of the highest trust were not insensible to presents; and

merchandise was accepted only when the "regulars" were duly paid. The

waste of public property, occasioned by the system, was great. The loss

and sacrifice of clothing and tools; the spoiling of food, and the

wilful destruction of implements, proved how large may be the outlay of

the crown, without much advantage to a colony. Years were required to

reduce these evils; some of which are yet not unknown.

These were, however, small changes, compared with the total revolution

in the spirit and details of convict management, suggested by the

Commissioner. All those signs of advancement which he saw in the

material state of the colonies, in connection with the objects of

transportation, were anomalies in his eyes. He observed, that the

prisoners were always anxious to reside in the towns, where they

obtained, by casual labor, the price and opportunities of dissipation.

By a peremptory exercise of his authority, Mr. Bigge stopped some of the

public works, and promoted the dispersion of those multitudes who were

employed in the improvement of the capital.

The Commissioner, strongly impressed with the mischief incident to the

congregation of prisoners in the presence of a free community, proposed

several remedies. Among the most important was the establishment of

settlements, purely penal, at Port Curtis, Moreton Bay, and Port Bowen.

These places were explored by Mr. Oxley, the surveyor-general of the

colonies. Moreton Bay is situated 480 miles from Port Jackson: this

region, watered by the Brisbane, unequalled for climate and soil in any

part of the globe of the same latitude; adorned with trees of

magnificent growth,[140] had nothing in its natural features to repel.

Though the days are warm in summer (80 deg. to 100 deg.), the nights are cool,

and for several months fires are agreeable. Bananas, plantains, and

pines--cotton, tobacco, maize, the sugar cane, and all the ordinary

productions of a tropical climate, are cultivated with success. The

atmosphere is soft and salubrious: of 1,200 persons, afterwards

stationed there, sometimes not more than ten were sick at once; and

during seven years, one soldier only died.[141]

Such was the site chosen by Mr. Bigge; but he endeavoured to render it

suitable, by suggesting a code of regulations, in which may be

discovered the outline of several schemes, since claiming originality.

It was intended for those convicted of serious crimes, or such as

committed offences in the colonies. The prisoners, two together, were to

build their own huts; their sole implement the hatchet, and their

material wood and nails: their only furniture, stools and bedding. Their

labor graduated; from removing heavy weights, and sawing the hardest

timber, to the easy occupation of the gardener, according to their

behaviour or their crimes. They were to raise their own provisions, and

the produce of their tillage for the crown, was to be sold in the

colonies, and carried to the public account; except a sixteenth part,

the moiety of which was to be paid to the commandant, and the rest

proportionately to the overseers. No vessel, unauthorised, was to touch

at the port: every precaution was projected to prevent escape, and the

natives were expected to bring back, for rewards, such as might venture

to stray. Every crime, short of murder, was to be punished on the spot.

No spirits were to be sold; no money circulated; no private speculations

in produce permitted. The wives of prisoners, when suffered to join

them, were to sacrifice all but the necessaries of life. From the chief

settlement others were to branch off; fifteen miles distant from each

other. A church, a school, a library, were to promote the reformation of

the prisoners--an object to be considered paramount to every other. Such

were the plans for a _City of Penitence_, projected by Bigge; and by

which he expected, in several directions, to dispose of 4,000 prisoners.

It was his hope, that their labor would discharge the chief cost of

their control, and end the mockery, and the inequalities of punishment.

Before the arrival of the Commissioner, penal establishments existed,

and prisoners were sequestered for violations of local regulations; or

on extensive farms, where grain was grown for the royal stores. At

Newcastle, on the Hunter River, were coal mines (1818), where those

under colonial sentences, or those _guilty_ of experience in mining,

were subjected to a more rigorous servitude. By an onward progress of

the settlers, this station was less adapted for its purpose, and (1821)

a second was provided at Port Macquarie, 175 miles north of Port

Jackson. The increase of population soon rendered a further movement

requisite: it was not, however, until 1824, that Surveyor-general Oxley

completed his report of Moreton Bay: pioneers were forwarded, and at

length 1,000 prisoners were employed in that remote region. The plan

thus narrowed, only partially succeeded, and the numbers at last

dwindled to 300 men: the Commissioner's idea, therefore, was never

fairly tested. An organisation of several thousands in a city of

penitence; under a discipline, which, while excluding the worst

temptations of regular society, might preserve many of its elementary

forms; managed by permanent officers, in number and gradation,

sufficient to form and preserve the tone of a profession--is

unfortunately still a speculation: nor is it yet safe to assume, that

the failure of stations, exhibiting several features of the

Commissioner's scheme, but excluding others not less important, is a

conclusive argument against the original design.[142]

In this colony, a penal station was projected during the residence of

Bigge. While he approved the object, he did not cordially concur in the

selected locality: he remarked several of those obstacles to access,

which were not compensated by the difficulties of escape. The

punishment of colonial offences, when persons were already in bonds,

was attended with some difficulty; the law not authorising additions to

a sentence, except by a court of criminal jurisdiction, regulated by the

forms, and bounded by the limitations of English statutes. To punish a

misdemeanour, and sometimes even capital offences, the culprit was

brought before a justice of the peace, and sent to a penal settlement

for the remainder of his sentence. Thus a widely different penalty

attended the different parties to the same crime: one would scarcely

touch the place of his second exile, before the termination of his

British sentence restored him to full freedom; another, perhaps a

prisoner for life, would linger out his wretched existence in the place

of his seclusion, forgotten.[143]

The name of _Macquarie Harbour_ is associated exclusively with

remembrance of inexpressible depravity, degradation, and woe. Sacred to

the genius of torture, nature concurred with the objects of its

separation from the rest of the world; to exhibit some notion of a

perfect misery. There, man lost the aspect, and the heart of man!

Macquarie Harbour was explored by Captain Kelly, at the expense of a

merchant whose name is borne by Birch's River, and that of his wife by

Sarah Island. It is an inlet of the sea, on the western coast: by water,

about 200 miles from Hobart Town. It penetrates the country twenty miles

to its junction with Gordon River, where, diverging to the right, Sarah

Island becomes visible--once the principal station, now deserted and

desolate. This region is lashed with tempests; the sky is cloudy, and

the rain falls more frequently than elsewhere. In its chill and humid

climate animal life is preserved with difficulty: half the goats died in

one season, and sheep perish: vegetation, except in its coarsest or most

massive forms, is stunted and precarious. The torrents, which pour down

the mountains, mingle with decayed vegetable matter, and impregnated

with its acids discolour the waters of the harbour; and the fish that

approach the coast, often rise on the waves, and float poisoned to the

shores.[144]

The passage to this dreary dwelling place was tedious, and often

dangerous. The prisoners, confined in a narrow space, were tossed for

weeks on an agitated sea. As they approached, they beheld a narrow

opening choked with a bar of sand, and crossed with peril.[145] This

they called "Hell's gates,"--not less appropriate to the place, than to

the character and torment of the inhabitants: beyond, they saw

impenetrable forests, skirted with an impervious thicket; and beyond

still, enormous mountains covered with snow, which rose to the clouds

like walls of adamant: every object wore the air of rigour, ferocity,

and sadness.

The moment the prisoner landed, if the hours of labor had not expired,

he joined his gang. The chief employment was felling the forest, and

dragging timber to the shore: these gigantic trees, formed into rafts,

were floated to the depot. In this service, life was sometimes lost; and

the miserable workmen, diseased and weakened by hunger, while performing

their tasks, often passed hours in the water. They were long denied

vegetables and fresh food: they were exposed to those maladies which

result from poverty of blood, and many remained victims long after their

release. On a breakfast of flour and water, they started from their

island prison to the main land, and pursued their toil, without food,

till the hour of return: they then received their chief meal, and went

to rest. Those who were separated to punishment still more severe,

lodged on a rock: the surf dashed with perpetual violence on its base,

and the men were compelled to pass through, wet to the waist, and even

to the neck. They were destitute of bedding, sometimes in chains; their

fires were extinguished, and they laid down in their clothes, in a cold

and miserable resting place.[146]

They were subject to a single will; moved often by perjury, and

sometimes by passion. One man, Alexander Anderson, a convict

overseer,[147] delighted in human suffering--this was his qualification

for office; yet seventeen persons have been flogged in one day, at his

single report. The instrument of torture was special; double twisted and

knotted cords: 100 lashes were given, and repeated at short intervals.

Even to repine was criminal: an expression of _anger from the sufferer_,

was a punishable offence: a second infliction has been known to follow,

by a sentence on the spot.[148]

The alleviations of religious instruction were unknown. The commandant

was found, by the earliest clerical visitor, living in profligacy, and

he returned at once, despairing.[149] Women were, at first, sent there,

and four were dispatched to gather shells, under the charge of one man,

in whose hut they lodged. The forms of devotion depended on the surgeon,

and were detested by the prisoners. They were, mostly, desperate men,

and required a strong restraint; some were there, however, for offences

of no deep die, who, while the least spark of humanity remained, felt

the association more horrible than the place. To escape this dread

abode, they gambled for life; and, with the deliberation of actors,

divided the parts of a meditated murder, and sinister testimony. They

loathed existence, and were willing to shorten its duration, if the

excitement of a voyage and a trial might precede the execution. It was

their proverb, that all who entered there, gave up for ever the hope of

Heaven.[150] Death lost its terrors, and when some unhappy victims were

brought down to terrify the rest, they saw them die as many see friends

depart on a desirable but distant journey.[151] Some were detained for

years by a succession of punishments; perhaps, for the possession of a

fish-hook, of a potato, or an inch of tobacco. Some were flogged; until

this species of punishment lost, not only its terror, but its power: the

remnant of the understanding settled down into one single faculty--the

ability to endure. It will be our painful task to turn to the results of

this experiment, since elsewhere repeated, of what nations can inflict,

and man can suffer: excusable, had the Rhadamanthus of those regions

been always just, and those subject to his lash always the worst of

criminals.[152]

The improvement of the assigned service, by raising the qualifications

of the masters, and increasing the dependance of the men, was another

great project of the Commissioner. There were, indeed, no employers,

except those who had been convicts, or officers of government; and the

first and larger class, possessed neither capital nor discretion. They

were rather patrons than masters. There were but two changes

practicable: the vast establishments projected at Moreton Bay, and

introduction of a class of settlers, who might exercise the authority

requisite to restrain the vagrant indolence of the men; and whose

capital might give them constant employment and proper sustenance.

Several military settlers, such as Macarthur, had large establishments,

chiefly for cattle and sheep; and their management exemplified the

superior facilities of control, where the men were both dispersed and

guarded--divided in their occupations, but subject to a vigilant

supervision.

It was the opinion of the Commissioner that none, having small estates

and trivial resources, should be placed in the responsible position of

masters; but that the inducements offered in former times should be

renewed and extended. He calculated, that the employers of convict

laborers, for each, relieved the treasury of England to the extent of

L24 10s. per annum. Thus every consideration commended the system of

assignment beyond any other. To attract the attention of settlers, he

advised that the emigrant should be entitled to a grant, to purchase an

addition at a low price, and to receive a bonus in land, for the stock

he might rear, or according to the industry and skill he might otherwise

exhibit.

It has been stated, that the ministers who founded these colonies,

intended that free emigration should accompany transportation with equal

steps. The despatches of Governor Phillip, addressed to the secretary of

state[153] in 1790, proved that he felt the want, and perceived the

value, of such auxiliaries; but the early determination to raise

expirees to the condition of landholders, seems to imply the form the

settlement at Port Jackson was expected to assume. It is obvious that

the immediate design of the Governor, was to provide such free settlers,

as might act in different official capacities, at little or no

expense.[154] The reply to these communications was favorable, and the

prospect of emigration cheering; but the result was insignificant. It is

stated by Collins, that several families, members of the Society of

Friends, proposed to accept the offers of government, but were deterred

by the reputation of the colony, and the disorders which prevailed.[155]

The _Bellona_ at length arrived, with free settlers and their families,

including a millwright and blacksmith; one of whom had been already in

the colony, under other auspices! An authority to the Governor was now

conveyed, to establish such persons as were eligible on terms highly

advantageous. They chose a fertile spot, and to mark their civil

condition, called their locations "Liberty Plains" (February, 1793). The

British government provided their passage, an assortment of tools and

implements, provisions for two years; their lands free of expense; and

the service of convicts, with two years' rations and one year's

clothing. It is difficult to imagine a more alluring offer; yet, except

a Dorsetshire farmer, the rest were not _bona fide_ settlers: two

formerly belonged to the _Sirius_, and a third to the _Lady Juliana_

transport; in short, they were sailors. Concluding, then, the secretary

of state had sought settlers in earnest, the presumption is strong that

no considerable number of persons could be found to engage in such an

enterprise: one which seemed to comprehend all the perils of distance,

of official tyranny, and of social corruption.[156]

The additions, thus made to the free population, were generally of

persons connected with the merchant service or the military profession;

and who, by a residence intended only to be temporary and official,

contracted a preference for the climate; where they found great respect

and deference, by the paucity of their numbers. It was their example

which finally overcame the reluctance to settle, which no mere offers of

the crown were sufficient to conquer.

FOOTNOTES:

[Footnote 138: _Bigge's Report._]

[Footnote 139: Colonial Fund (1820): Quarter's salary, A. P. Humphrey,

superintendent, L25; government printer, L7 10s.; Mr. Fitzgerald,

schoolmaster, L6 5s.; G. Northam, chaplain's clerk, L3 5s.; James

Charlton, executioner, L6 5s.!]

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

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

[Footnote 142: The following "Instructions" were laid before parliament:

being a return to an address to his Majesty, dated 2nd February, 1832;

they were, however, only partially acted upon:--

"_Copy of Instructions issued by the Governor of New South Wales and Van

Diemen's Land, for the Regulation of Penal Settlements._

"As an aversion to honest industry and labor has been the chief cause of

most of the convicts incurring the penalties of the law, they shall be

employed at some species of labor, of an uniform kind, which they cannot

evade, and by which they will have an opportunity of becoming habituated

to regular employment.

"With this view, all labor of a complex nature, the quantity of which

cannot be easily determined, is to be studiously avoided: and the

convicts are to be employed exclusively in agricultural operations, when

the public buildings or other works of the settlement do not absolutely

require their labor.

"In these operations the use of the hoe and spade shall be as much as

possible adopted; and where the number of men who can be employed in

agriculture is sufficient to raise food for the settlement with these

implements, the use of the plough shall be given up; and no working

cattle are to be employed in operations which can be effected by men and

hand carts.

"The principle of dividing the workmen at regular distances from each

other, as established for field labor, is also to be adopted whenever it

is found applicable; and with the view of affording a more complete and

effective superintendence, the different gangs are, as much as possible,

to be employed in one place.

"When it becomes necessary to employ mechanics or tradesmen in their

respective callings, such arrangements shall be made (by appointing as

many as possible to the work) as will insure their strict

superintendence, and a speedy return to the employment of common

laborers.

"In order that the convicts may be deprived of all opportunities of

procuring spirits, or any luxury or article beyond the government

allowance, and with the view the more effectually to prevent their

escape, it becomes necessary to establish the strictest regulations with

regard to shipping.

"The commandant is vested with the control of every department on the

settlement; every person, whether free or bond, being subject to his

orders.

"No officer, or other free person, employed at the penal settlement,

shall be permitted to derive any advantage from his situation, either

directly or indirectly, beyond the amount of his salary and fixed

allowances. Each individual will be _required to furnish quarterly, a

declaration upon honor to this effect_, to the commandant, who will

certify that the whole of the officers borne upon the salary abstract,

have furnished the same.

"No officer, or other free person, shall be allowed to cultivate any

ground on his own account, excepting for the purpose of a garden, for

the exclusive supply of his own family.

"No officer shall be allowed to raise stock of any description for sale,

or for any other purpose than the immediate use of his own family; such

stock to consist exclusively of pigs and poultry, which shall be secured

within the premises of the proprietor.

"No officer, or other person, shall be allowed to employ any convict at

any time whatever for his personal advantage, or otherwise than on the

public account, excepting always such men as may be appropriated to his

service.

"No officer, or other free person, is on any account to leave the

settlement, without the written sanction of the commandant.

"The commandant is vested with full authority to remove, at his

discretion, any free person from the settlement, whose conduct shall

appear to him to render this proceeding necessary for the due

maintenance of discipline.

"The officers, and other free persons, shall be allowed to purchase

grain from the public stores, to maintain the livestock they are

permitted to keep, according to the following scale:--

"Commandant, not to exceed five bushels per month; civil and military

officers, three bushels per month; inferior free persons, one bushel per

month.

"To enable the officers of the settlement to cultivate their gardens,

they shall be allowed to have convicts appropriated to their service in

the following proportion:--

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

"These men are not to be mechanics or tradesmen, and are to be allowed

in addition to any servants they may have been permitted to take with

them to the settlement.

"When work is required to be done by the mechanics for the absolute

comfort and convenience of any of the officers on the settlement, the

following regulations shall be observed:--

"The officer to make a written requisition, which will, if approved by

the commandant, be given to the overseer of the mechanics, who will

receive the whole of the materials from the officer. The work to be

performed in the lumber-yard during government hours.

"No remuneration of any kind is to be given the mechanic for his

services. This indulgence is not to extend to any article of furniture,

or any thing else that can be dispensed with, or procured in any other

manner. A separate book is to be kept, and entries made of the work so

done, and quarterly returns sent to the colonial secretary. It must be

understood that no government materials, even of the most trifling

nature, will be allowed for any such purpose.

"All trafficking and trading between the free and bond on the

settlement, shall be strictly prohibited, and severely punished.

"The convicts under colonial sentence, shall be steadily and constantly

employed at hard labor from sunrise till sunset, one hour being allowed

for breakfast, and one hour for dinner, during the winter six months;

but two hours will be allotted for dinner during the summer.

"The convicts shall be worked in field labor, with the hoe and spade, in

gangs, not fewer than fifteen or more than twenty. No task work shall be

allowed.

"There shall be an overseer attached to each gang, and to every five

gangs a constable, who shall assist the overseers in the superintendence

of the men.

"The constables and overseers, are not to push or strike the convicts,

and no punishment is to be inflicted but by the express orders of the

commandant.

"If a convict should have any thing to represent or complain of to the

commandant, it shall be the duty of the constable to bring him before

him.

"No prisoner is to be permitted to receive, or to procure, any article

of luxury, or any addition to the established ration of the settlement.

"As a reward of and encouragement to good conduct, the prisoners shall

be divided into two classes, to be called the first and second classes

respectively.

"No prisoner is to be admitted into the first class, who shall not have

served on the settlement for two years, if a prisoner for seven years;

for four years, if for fourteen years; and for six years, if for life.

But convicts, who have been respited from a capital sentence, shall in

no case be admitted into this class until, upon the representation of

the commandant, their sentence shall have been mitigated by the

governor.

"The commandant will make a monthly return to the colonial secretary of

the prisoners, whose conduct has induced him to admit them to the first

class, and he will inform the officer of the commissariat officially.

"The prisoners in the first class will receive, in addition to the usual

ration, one ounce of tobacco weekly.

"The prisoners of the first class are to be employed in the lighter and

least laborious operations; and it is from this class exclusively that

men are eligible to be selected for constables and overseers, to be

employed as clerks, to be assigned as servants to the officers of the

settlement, and to be entrusted with the charge of the live stock or

working cattle, or with any other light employment.

"No convict shall be employed as a clerk in the commandant's office, or

have access to any of the records kept there.

"No prisoner transported for life, or for any heinous or atrocious

offence, shall be employed in any other way than as a common laborer,

except, being a mechanic, his services may be urgently required. In this

case the commandant will permit his being temporarily employed in his

trade, or on any of the public works.

"Prisoners of the first class, who shall be selected by the commandant

for constables or overseers, will be allowed the usual distinction of

dress, and shall receive in addition to their rations, two pounds of

flour per week, and one ounce of tobacco; but in no case shall any

convict at a penal settlement be allowed to receive a pecuniary reward.

"As a further encouragement to constables and overseers to be faithful

and diligent in the discharge of their duty, two years' service as a

constable or overseer, shall be considered equivalent to three years'

servitude on the settlement; but in case of misconduct, they shall

forfeit all such benefit arising from their services as constables or

overseers.

"As there may be found some individuals whose conduct may be deserving

of reward, but who nevertheless may not be qualified to fill the

situation of overseers, the commandant will transmit annually to the

colonial secretary, a return of the names of such convicts who, having

served two-thirds of the period of their sentence, may by a long

continuance of good conduct, be considered to merit indulgence. To this

return there shall be annexed a detailed statement of the circumstances

which have induced the commandant to recommend the individuals

respectively.

"A return will in like manner be transmitted by the commandant, of any

prisoners under sentence for life, who shall have conducted themselves

to his entire satisfaction for six years (or of capital respites for ten

years) after their arrival in the settlement, annexing, as before, a

detailed statement of the circumstances which have induced him to

recommend the individuals respectively; and should the governor be

satisfied that they are deserving of reward, his excellency will

mitigate their sentence to that of seven or fourteen years, from the

date of such mitigation; after which the individuals will, of course, be

eligible to all the privileges of prisoners of the first class.

"The wife of a convict shall, in no case, be allowed to join her

husband, until he shall have been placed in the first class, and the

commandant shall have recommended him for this indulgence.

"The wives and children of convicts shall be allowed rations and slop

clothing from the public stores.

"The wives and children of convicts are not to be allowed to convey

money or property of any kind to the settlement, nor to possess any live

stock or poultry, and they are strictly to be prohibited from carrying

on any trade or traffic in the settlement; but they will be furnished

with employment in spinning flax, making straw hats or bonnets, making

up slops, and such other work as they may be capable of performing, the

materials for which will be supplied from the government store. They

will receive credit in the books of the settlement, at the market or

factory prices, on such work being returned to the stores; and the

amount of their earnings will be annually placed in the savings bank, to

be received by them on their return from the settlement, as a means of

support on their arrival.

"Married convicts, whose families have been permitted to join them,

shall be allowed to live in separate huts.

"A portion of ground shall be allotted as a prisoners' garden, the

extent of which shall be determined by the commandant.

"If any money or property shall be found in possession of a convict, or

the family of a convict, it shall be seized and forfeited to the

Benevolent Asylum.

"The labor of all convicts, excepting only those assigned to the

officers, shall be wholly and exclusively applied to the service of the

settlement generally, and the indulgence of working on their own

account, after the usual hours of public labor, shall be strictly

prohibited.

"No convict shall be allowed to wear any other clothing than that which

is issued to him by the government; and the number of each convict on

the settlement is to be painted on each article of his dress, before and

behind.

"The commandant will see that due attention is paid to the cleanliness

of the convicts, and that those whose state of health admit of it, bathe

regularly.

"A separate barrack is to be provided for the female convicts; and if

employed in field labor, they are to be kept separate from the men.

"A washing gang from among the female convicts shall be appointed, to

wash and mend the clothes, and air the blankets and palliasses of the

prisoners.

"The convicts are not to be allowed to possess knives or any sharp

instruments; the knives, forks, and spoons, are to be under the charge

of the barrack overseer, and he will be held responsible that they are

duly collected from each convict before he is allowed to quit his seat

at the mess table. This, however, is not to apply to those married

convicts or overseers, who shall have been allowed to live in separate

huts.

"The whole of the convicts will be mustered on Sunday morning, arranged

in their several gangs, and attended by their respective overseers and

constables, when they will be inspected by the commandant. The wives and

families of the convicts will also be required to attend the Sunday

morning musters.

"The prisoners will be mustered daily by the superintendent of convicts,

at sunrise, before they proceed to labor, when they return to meals, and

again when the work for the day is closed.

"No convict shall be allowed to receive or transmit any letter,

excepting through the commandant, who is to exercise his discretion in

opening such letters, and perusing their contents.

"The section regulating the discipline and employment of the convicts,

is to be read once in every month to the troops and convicts on the

settlement.

"These regulations shall be entered in the public order books of the

settlement, and they are to be strictly and literally adhered to

throughout; no deviation being permitted, except in cases of very great

emergency, which are to be determined alone by the commandant, who will

immediately report in detail his reasons for such deviation to the

governor, in order that his excellency's sanction to the measure may be

obtained."]

[Footnote 143: "The crimes for which they were sent down, were

originally trifling: five or six for a robbery, petty theft, or

disobedience to orders. One remained for a month, another for the term

of his natural life,--for the same offence, and by the same

sentence."--_Barnes: Par. Pap._

"Bryan Taylor, a convict holding a ticket-of-leave, having taken the

Lord's name in vain, was ordered to be confined in his majesty's gaol

for one week.

"Thomas Higgins, a constable, was found guilty of a rape, and was

sentenced to be dismissed from his office, and transported for the

remainder of his original term.

"Ralph Jacobs, found guilty of stealing one sheep; sentenced to receive

fifty lashes, and to be returned to government.

"William Blunt, and another, for burglary and violence; sentenced one

hundred lashes, and transported for their original term."--_Gazette_,

Dec. 1821.]

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

[Footnote 145: "The sight was awfully grand. The pilot commanded all

below, but I said I should like to see the end of it: they counted off

eleven feet; we drew seven and a half: there were but seven in the

hollow of the sea! At this moment a large billow carried us forward on

its raging head. The pilot's countenance relaxed: he looked like a man

reprieved under the gallows."--_Backhouse's Narrative._]

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

[Footnote 147: Ibid.]

[Footnote 148: _Tasmanian Journal_, vol. ii. p. 205.]

[Footnote 149: _Backhouse's Narrative._]

[Footnote 150: Ibid.]

[Footnote 151: They called to the men, as they ascended the

scaffold--"Good-by, Bob; good-by, Jack."--_Par. Pap._]

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

Milton:--

"Rocks, caves, lakes, fens, bogs, dens, and shades of death,

Where all life dies; death lives; and nature breeds

Perverse; all monstrous, all prodigious things;

_Abominable_; UNUTTERABLE!"

_Paradise Lost_, book ii.]

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

"The consequence of a failure of a crop, when we no longer depend upon

any supplies from Great Britain, will be obvious; and to guard against

which is one reason for my being so desirous of having a few settlers,

to whom, as the first, I think every possible encouragement should be

given. In them I should have some resource, and amongst them proper

people might be found to act in different capacities, at little or no

expense to government; for, as the number of convicts and others

increase, civil magistrates, &c. will be necessary."]

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

[Footnote 155: Besides the reference in Collins, several modern writers

have alluded to this fact; but in conversation with Mr. G. W. Walker,

the author has been given to understand, that neither he nor his

colleague, Mr. Backhouse, ever heard of this projected emigration. The

correspondence upon the subject would probably disclose more clearly the

ultimate views of the imperial government. Dr. Laing assigns, for the

relinquishment of the project, a refusal to extend the laws of England

to the settlement,--but gives no authority.]

The History of Tasmania , Volume II · 第 9 / 28 章