SECTION XVII.

The views of the ministers respecting the severity of punishment,

rendered the discipline more stern.[210] The subordinate agents of

government received instructions to enforce an amount of labor from the

prisoners employed upon the roads, which was measured without much

regard to their previous habits, dexterity, or strength.

Nottman, to whose management several gangs were committed, was a person

of unflinching temper--rigorous and fearless. Once, when assailed upon

the road, he clenched the robber by the throat, until he expired. He

found a pleasure in hastening the operations entrusted to his oversight,

and neglect of work was an offence which was never pardoned. It did not

unfrequently happen, that a tailor, or other sedentary craftsman, was

sentenced to the roads; but in breaking stones, there is an art, and

while the dexterous could make every blow effective, the utmost toil of

the novice left a deficiency in the task. To admit excuse, would have

disturbed the calculations of labor, and the defaulter was delivered at

once to the flogger; often, too, the implements, injured by use,

rendered the fracture of stones more difficult: the issue of rations

weekly, tempted the improvident to consume their food, so that the last

days of the week were spent in exhaustion and hunger.[211] The slightest

symptoms of insubordination were promptly visited; and in one party,

3,300 lashes were administered in one morning.

The overseers copied the rigour of their superiors, without their

discrimination or sense of justice. It was not uncommon, though

forbidden, for these men to strike down the prisoners who displeased

them. Such violations of rule were punished when discovered: but men of

weak minds bore in silence miseries they were afraid to resent. The

government compelled to accept such agents as transportation yielded,

employed persons of the vilest character, of which the following may be

taken as a specimen: W. A----, a prisoner for life, forfeited his

ticket-of-leave for keeping a house of ill-fame, and harbouring assigned

servants. He applied for its restoration: this was opposed by the police

magistrate, who recommended that he should serve as an overseer for

three months on probation, as he had been notorious for keeping a bad

house![212] The incongruity of this employment with his character must

have suggested itself to all except those familiar with similar

appointments. Such as could command a bribe ameliorated their condition,

while those who possessed no such resources, were selected to illustrate

the vigilance and fidelity of the overseers. It requires no extensive

acquaintance with mankind to perceive, that in such hands public justice

was desecrated, and the weight of a sentence determined by causes which

had no relation to the character or the crime.

The orders of Stanley were constantly criticised by the press, and from

various motives were disliked by every section of the public. All who

had been prisoners, naturally sympathised with the sufferers: those who

were employers, reprobated a form of punishment which, without

diminishing the application of the lash, abstracted from their farms a

proportion of labour. A spirit of resistance was extensively propagated,

and during the year following many sad instances occurred, in which an

insurgent spirit was fatal. A young man, when employed on the public

works, struck at Mr. Franks with his hammer: fortunately, the blow fell

lightly; but he was tried and executed. A considerable number threw down

their tools and retired to the bush, whither they were pursued and

retaken. One instance made a powerful impression on the public mind: a

convict, named Greenwood, took from a fellow prisoner his shovel, which

was better than his own. He was sent at once by the superintendent to

the cells in charge of a fellow workman. In the spirit of reckless

daring, he told his conductor that he could run away if he thought

proper; the other replied--"no doubt of it." Thus, by a sudden impulse,

in bravado or in terror of the lash, he sprang across the boundary, and

threw up his hat as a signal of his flight. He appeared on the race

ground, and was there discovered by the constables committing some act

of petty robbery: he was pursued, drew a knife from his pocket, and

wounded his captor. Being taken before a magistrate, both his absconding

and his resistance were stated--the last a capital offence. To punish

this man was, of course, the duty of those whose authority he had

defied. As an absconder, he was sentenced to one hundred lashes, and

told--in words the import of which has not been disputed, although the

taunting tone attributed to the justice may possibly admit a

question--that after his flogging he would be hanged! Ten days after, he

was condemned to death: his execution was delayed a few more by a

respite; but he went to the scaffold with his wounds unhealed! The

treatment of this man called forth, and justified the strongest

expressions of public indignation. True, it was within the letter of the

law: either of the penalties inflicted, might have been vindicated or

excused both by necessity and custom; but to torture a fellow creature

shortly to make his defence against a charge affecting his life, and to

send him to his last account whilst suffering the pangs of laceration,

was inexpressibly revolting. Those who desired to disgrace the

government, embraced the opportunity--perhaps with the eagerness of

faction: pictures were exhibited of the unfortunate man, illustrative of

his melancholy fate. Surely no argument can be found, in the calmest

exercise of the understanding to extenuate an administration of the law,

which distorted justice into cruelty.

Under circumstances far more consonant with reason, but scarcely less

affecting when considered at large, was the execution of Samuel, a black

man: he was transported for theft, from the Cape of Good Hope, and was

remarkable for the quiet easiness of his disposition. For some violation

of penal discipline he was ordered to be flogged: when approaching the

triangle, he attacked one of the officers in attendance, who was

slightly wounded; for this he forfeited his life--justly, had England

been just; but what was his story? With his mother and sister he was

stolen from Mozambique, and thus became a slave: he robbed his masters,

and thus became a criminal. His fate turns justice into mockery, and

might make the Briton blush for his country. His execution, however, was

not without utility: Dr. Ross, who for years had attended such scenes,

then adopted the conviction that no resources of language, or varieties

of incident, could invest them with interest, and he resolved to attend

them no more. Here, too, the reader will be willing to abandon them.

Since, they have often been repeated; but happily society has adopted

from reflection, what that gentle-hearted man, so powerful is habit,

required years to learn--that the executioner is an officer far less

useful, and the agent of a spirit far less just, than past ages have

deemed.[213]

At parting, it is proper to pay the tribute of history to the memory

of Dogherty, the hangman--a functionary who surpassed greatly the

common character of his order; and who, while he lived, contrived to

evade the detestation of his calling. There was no amateur gaiety in his

manner--no harshness in his speech. He accepted office when a prisoner,

to enjoy the quiet quarters of the gaol and liberation from ordinary

toil: he intended to resign it with his bondage, but the number of

candidates for his place, it is said, reconciled his mind to its

retention. Not in the spirit of menace, but defensive retort, he would

promise those by whom he was jeered, his most delicate attentions in

their last emergency. He was always willing to part with his provisions:

to divide his sugar and tea with the necessitous, and to perform errands

of kindness in their favor. No one could wield the lash with more mercy;

and it is said that once, an offender, sentenced to a public flogging,

received one stroke at starting, and the cart being driven by an

associate, a second at stopping. His predecessor was a different

character; and overcome with the misery of his condition, he committed

murder, that he might escape from life! Dogherty passed through the town

without fear of vengeance; although once, certain soldiers, his

countrymen, injured him, and left scars which he carried to the grave.

But what character is perfect? He was addicted to intemperance, and

commonly spent the day succeeding an execution in drunkenness. The

incredulous are assured, that this is not the language of fiction, but

the character commonly ascribed in sober earnest to this unfortunate

being.

The day will come, when the sacrifice of life, made with more

hesitation, will cease to be a public spectacle; when, if it is deemed

requisite to cut off from the earth the shedder of blood, the dreadful

doom will cease to amuse the brutal, or to offer a momentary excitement

to the unreflecting. Women will be no longer seen raising their children

above the crowd, to enjoy the most humiliating sight that can meet the

eyes of mortals. Let no one imagine, that men are effectually

intimidated by attending public executions: as the fatal moment draws

nigh, crowds are indeed seen rushing towards the spot; but they wear the

lineaments of insensibility, intemperance, or habitual crime. It is not

the guilt of the sufferer which extinguishes their pity: they would run

to witness the murder of a saint. The utility of executions is left to

the judgment of statesmen, but it cannot be wrong to detest them.

Thus far having delineated the broad features of the system known as

the "certain and severe," it will be proper to explain the changes which

it ultimately produced in the practical working of transportation.

Simultaneously, a new theory of colonisation was promulgated. Land

ceased to be granted: the funds accumulated by its sale were available

for emigration,--and thus to decrease the rate of wages, and to enable

the government to dispense with the services of convicts as writers,

overseers, and mechanics. To assist this project, it had been determined

to levy a tax on prison labor; but the protest of the colonists and the

remonstrance of Arthur, led to its abandonment. The despatch which

explained his views, dwelt on the inconvenience, vexation, and loss, to

which the settlers were subject. He informed the Secretary of State,

that his lordship could not understand, except by experience, how much

and how often the colonists were fretted by the misconduct of their

servants, and despoiled by their peculation: however perfect the

discipline established; although the roads were safe, and violence

infrequent; though many prisoners were reformed and useful, still the

existing social state was charged with every form of domestic annoyance

and mortification. Trivial thefts were constantly passed over, because

punishment was attended with greater loss. Thus, two hundred men

arrive--they are distributed: their masters pay down money for their

clothing; but before they reach their home, their clothes are destroyed

or sold--or, perhaps, they are committed for felony to gaol. At first

the settler repines, but his difficulties are inevitable: he is silent,

because his trials have long lost the interest of novelty, and all

around him are fellow-sufferers. The settlers who submitted to the

impertinence and unwillingness of pickpockets, he thought certainly

entitled to the benefit of their services without any other tax than

might be levied by their fingers. This earnest protest was not without

success; but it became, afterwards, a potent weapon in the hands of

those who pronounced transportation a failure.[214]

The arrival of many hundreds, whose previous habits were far from

respectable, increased the difficulties of penal government. The former

marked division of classes was confounded: the emigrant laborer was the

companion of the prisoner of the crown; but, in law, the equal of the

prisoner's master. This addition was greatly deplored, both by the

Governor and the press. It was perceived that great organic changes must

follow the influx of free men, whose interest would run in a direction

entirely opposite to penal institutions. Thus, almost instantly, a

change became perceptible: the high value of prison labor was reduced,

and employers hostile to the government could afford to defy its power.

The emigrant laborers formed an intermediate class, which detested the

espionage and insolence of a convict constabulary, and was disposed to

resent the haughty spirit which slavery has ever generated in the ruling

classes.

In 1835, the feeling in opposition to transportation was strongly

expressed by certain portions of the people. A meeting was called, under

the auspices of Messrs. Kemp, Gellibrand, Hackett, Thomas Horne, and

others, which complained that the hope entertained, that the colony

might ultimately be freed from its penal character, had been

disappointed, and that the colonists "were made materials for the

punishment of British offenders;" were considered only as the "occupants

of a large prison;"--phrases of Arthur--and that "this penal character

had recently increased; thus violating the feelings of the adult, and

barbarising the habits and demoralising the principles of the rising

generation." This meeting, at which the sheriff presided, called by

public advertisement, was perhaps _de jure_ a meeting of the colony; but

the sheriff refused to attach his signature, lest the petition should be

taken as that of the settlers in general, whose opinions it certainly

did not then represent.

Arthur, in his despatch, endeavoured to neutralise its possible

influence, at the same time intimating that he had "long foreseen that

abolition would become a popular question." He, however, maintained that

the emigrant, knowing the object of the settlement, had no right to

complain; and that for the quarter of a century succeeding it would

become increasingly adapted for the enforcement of penal discipline. He

advised the ministers to stop the current of emigration, which, if

continued, would render "convicts less valuable to the settlers," or to

confine it to female emigrants, or such artificers as carpenters and

masons.[215] Two hundred and sixty persons, in the Launceston district,

repudiated the following passage of the petition:--"Your Majesty's

humble petitioners most respectfully pray your Majesty to be pleased in

your paternal goodness to remove from the colony of Van Diemen's Land

the degradation and unspeakable evils to which it is subject on account

of its penal character."

It would be amusing to contrast the sentiments expressed by various

persons during the first formal agitation of this subject, with

those that have latterly prevailed. It must, however, be remembered,

that there were two political parties. Some opposed transportation

as the last indignity which could be offered to Arthur, its zealous

patron; while others desired its continuance only because no other

labor was at hand. The paupers sent from the parishes did not create

a strong feeling of preference for free servants, many of whom

were profligate, intemperate, and otherwise worthless. Nor is it honest

to conceal the disastrous influence of power on the moral perceptions of

the mind. It is justly observed by Franklin, the philosopher, that "it

is one of the worst features of human nature, yet one with which it is

too generally impressed--the love of power; whereby all men prefer to be

served by slaves, over whom they have absolute dominion, than by free

men, who have rights as well as their masters." These motives, mingled

and corroborated by the practice of many years, contributed to

strengthen the views of the local government, and to reduce to a small

minority the advocates of abolition. Yet such are the singular

conjunctions of affairs: though derided and rejected on the spot, they

were afterwards quoted with respect by a committee of British

legislators, when the subject of transportation again engaged the

attention of parliament.

FOOTNOTES:

[Footnote 210:

"_Colonial Secretary's Office, 14th February_, 1833.

"His Majesty's government having been pleased to enjoin the strictest

fulfilment of the law upon all convicts sent to this colony, and that

their punishment should be _certain and severe_, the Lieutenant-Governor

directs the renewed attention of all public officers connected with the

convict department, to the instructions which have from time to time

been issued on the subject.

"His Excellency is desirous especially to impress upon them the

necessity of invariably exacting the due portion of daily labor from

each convict, and of not permitting any remission or indulgence but such

as have been previously and especially authorised.

"The orders prohibiting convicts employed on the roads and in the public

works (including clerks, messengers, and persons of that description)

from laboring, under any pretence, for private individuals, or to the

advantage of those in charge of them, are at all times to be most

perseveringly and carefully enforced, and to avoid any misconception in

a matter deemed so important by his Majesty's government, the

instructions are to be understood most peremptorily to forbid every

species of indulgence beyond the food, clothing, bedding, and lodging

authorised by regulations to every convict.

"A proportionate degree of restraint and watchfulness over all assigned

convicts is equally essential. The object of their reform, as well as

punishment, must never be lost sight of.

"His Excellency is sensible that this end could never have been so

successfully attained as it has been, without the zealous co-operation

of the colonists at large, who in conjunction with a due exaction of

labor, have very generally insisted upon the observance of orderly and

regular conduct.

"As it is through this good feeling on the part of the colonists

generally, that the police has proved so efficient an auxiliary in the

general control of the convict population, and as it would be unjust to

allow the exceptions which may yet exist to affect the reputation of the

colony at large, the government will still more firmly pursue the course

of withdrawing assigned servants from all masters who neglect to regard

cleanly, decent, and sober habits in and out of their huts, and a

seasonable attention to moral and religious duties, as part of the

compact under which the labor is placed at their disposal.

"The Lieutenant-Governor on this occasion feels it due to the general

body of the settlers, to acknowledge his obligation to them for the

cordial support he has received at their hands in the control and

management of the convict population, with which no political

differences have been permitted to interfere, and his Excellency does so

with the more satisfaction, at this particular time, when the attention

of the Imperial Parliament is so especially drawn to the consideration

of the important subject of prison discipline, and when the state of

things in the colony has placed the local government in a situation to

contradict the unjust imputations which have been raised against

transportation as a punishment.

"By his Excellency's command,

"J. BURNETT."]

[Footnote 211: Backhouse and Walker's observations. This evil was

corrected on their representation.]

[Footnote 212: _Par. Papers._]

[Footnote 213: "The Rev. Dr. Bedford, in the course of his remarks,

stated that his duty had imposed upon him the painful task of attending

between three and four hundred executions, and that more than

nineteen-twentieths of the unhappy men who had thus miserably perished,

had been brought to this end by the effects of drunkenness."--_Courier_;

Speech at a meeting of the first Temperance Society at Hobart Town,

1832.

"It has fallen to our lot to be present at the executions of a large

proportion of the malefactors who have suffered the extremity of the law

in Hobart Town, and the apparent apathy with which the unhappy men met

their fate, was always to us the most humiliating part of the spectacle.

Their lips would utter with apparent sincerity the invocations prompted

by the clergyman, but the heart, that should have given them expression,

was too plainly wanting. They were empty sounds--the soul was gone. The

main part of the executioner's duty was performed to his hand; the

kernel was already consumed.... They sung psalms, ate a hearty meal:

they heard the summons of the sheriff; their arms were pinioned; the

halter was put about their neck; the cap was brought over their eyes,

and they dropped into eternity with more indifference than the ox goes

to the slaughter."--_V. D. Land Annual_; edited by Dr. Ross, 1833.]

[Footnote 214: 28th June, 1832.]

[Footnote 215: Despatch to Spring Rice.]

The History of Tasmania , Volume II · 第 17 / 28 章