SECTION XIX.

While these questions were agitated in England, Sir John Franklin

received the government of Tasmania. Captain Maconochie, already known

to scientific men, and who had enjoyed long the friendship of the

Governor, accepted the office of private secretary--a situation of not

much emolument, but highly confidential. When his destination became

public, the society for the improvement of prison discipline requested

him to examine closely the results of transportation, as exhibited in

Van Diemen's Land. To assist his inquiries, they prepared sixty-seven

questions, comprehending the details of convict management, on which

they desired a minute exposition of his views; and added, "_make such

general remarks as occur on the whole convict system of the colony, and

its effects on the moral and social state of the community: also remark

on the effect of the latter, and enter on the subject largely, making

any observation which may be useful in regard thereto_."

Captain Maconochie referred the application to Sir George Grey, who

consented, conditionally:--that all papers on the subject should pass

through the usual channel to the colonial-office, and be first placed at

his absolute disposal. The effects of this commission were momentous.

Maconochie, when he left Great Britain, professed a freedom from decided

bias, and to favor the general system of Arthur, rather than that

propounded by Archbishop Whately. The opinions he ultimately adopted, he

ascribed to his own observation, and disclaimed all prejudice against

those forms of prison discipline he was destined to subvert.

The discussions thus originated are of a deeply interesting character,

and their influence will long survive the animosity they occasioned. The

completion of Maconochie's report was exceedingly rapid, or it was very

early commenced. He had resided but three months, when he felt

authorised to pronounce the existing system of management defective, far

less in application than in principle. The course ascribed to Maconochie

was that of a prejudiced spy, seeking evidence for a case pre-judged:

that which he claimed, was the task of a philosopher, scanning facts

patent to every eye--even more striking when first seen. His conclusions

he attributed to the inevitable process by which facts are generalised,

and demonstrate systems. His style, when deliberate, is terse and

explicit: his ideas he expressed with the utmost freedom; or, as it then

seemed, audacity. The colonists he treated as an operator, who indeed

pities the sufferings of his patient, but disregards a natural outcry,

while expounding in the language of science both the symptoms and the

cure. Without circumlocution or reserve, he spoke of the officers

concerned in convict management as blinded by habit--as empirics who

could patch and cauterise a wound, but were involved in the hopeless

prejudices of a topical practice, and much too far gone to comprehend

improvements founded on scientific principles. His deviations from the

tone of philosophical discussion were not numerous, but they were

marked. The chief police magistrate he compared to the lamplighter, by

whom gas is detested. In praising that officer's administrative talent,

he observed that he belonged to the martinet school, and that his

estimate of human nature depressed it below its worth.

The representations of Maconochie, with reference to the condition of

the convicts and the character of the settlers, awakened a storm of

indignation. Transportation, he said, at a distance appeared a trivial

penalty; but when surveyed more nearly, it was found to be inhuman. The

servant was assigned to a master without his consent; his employment was

alien to his habits; he labored without wages; he was met with

suspicion, and ruled with insult or contempt. The servant became sullen,

the settler vindictive: slight offences were visited with punishments

"severe, to excessive cruelty,"--offences, often the ebullitions of

wounded feeling, and the tokens of a hopeless wretchedness.

Notwithstanding, this condition--unknown to the population at

home--afforded no warning. The victims were uncompensated--the great

majority unreformed. Thus, employers preferred new hands to those passed

through this discipline of suffering. Such as rose in society, were

seldom really respectable; they neither regretted their crimes, nor

offered atonement. But if the prisoner was injured, the colonist was not

less so. Social virtues were discouraged; all classes were contentious

and overbearing: the police, ever prying into the business of life, thus

intermixed with penal systems, filled the colony with exasperation, from

which not even the mildest spirits could escape. He did not propose to

abolish transportation, but that the government by its own officers

should both punish and reform; that the prisoners, when restored to

society, should stand in the relations of free men to all except the

crown, receiving wages at the current rate; and if restrained in their

expenditure, not for punishment, but for safety--"the chains of paternal

authority" thrown over them, "to protect them against themselves."

Maconochie sent to Sir G. Grey a Summary of his Report, containing his

opinions of existing systems: at his request it was at once handed to

Lord John Russell, who again, conveyed it to the committee then sitting

upon the subject of transportation. Although substantially agreeing with

his report, _the summary_ condensed, and therefore rendered more

flagrant, the charges against the colonists, and his description of the

condition of the prisoners still more revolting.

This _Summary_ appeared in an English newspaper. Hitherto the discussion

had been confined to official circles or to select correspondence: it

was now open to the world; and the colonists found, with astonishment,

that the reform proposed was radical, and that the opinions of the

reformer were wholly adverse to the existing systems.

In this summary, the condition of the convicts was depicted with all the

coloring of misery: they were slaves, subject to coercion; strangers to

moral impulses, save only the distant hope of liberty. They were lodged

in huts with stable roofs, damp floors, and rude furniture.[222] They

slept on truckle bedsteads, often undressed; their food was cooked in

the roughest manner; without wages, they robbed; miserable, they were

drunken. Their better qualities were unregistered: the artful escaped,

while the "careless fellow," otherwise good, was involved in a long

train of penalties. A ticket obtained, the holder could acquire no

property, and was worried by police interference; and in one night his

indulgence might be forfeited. Though some masters, generous or weak,

softened its rigour, assignment as a punishment, generally exceeded the

desert of minor offences: and its degradation, unfelt by old offenders,

was agony to men of minds more sensitive. The bad were little punished,

the good demoralised; self respect was destroyed; and men born to better

things, sacrificed by political institutions, rather than by their

personal depravity or their crimes. This state was worse than negro

slavery: the interests of the masters were less permanent; who, though

they did not fear their servants, disliked, coerced, and inveighed

against them. This slavery tainted colonial life: the colonists were

harsh and overbearing at home; they were quarrelsome neighbours, given

to reckless assertion; rapacious, envious, and disaffected. Government

was unpopular, and all governors so in succession. The police, if not

corrupt, was irksome and intrusive. Labor was wasted, emigration

discouraged. Crime and drunkenness multiplied, and what a hundred and

fifty is to one thousand, or thirteen hundred, such was the crime of

Van Diemen's Land to that of England and Scotland. Drunkenness had

risen, in ten years, from three per cent. to fourteen per cent.: in

London, such was the difference of tendencies between those meridians,

it was reduced to an imperceptible fraction.

To remedy these evils, he demanded the abolition of domestic slavery: a

separation, distinct as their natures, between punishment and moral

training; punishment, certain and appropriate--inflicted upon system,

and in seclusion; and training, not less systematic, but social and

probationary--coercion being banished, moral influence alone applied.

For punishment, Maconochie deemed the system of Port Arthur,

administered by Booth, an admirable model. For training, he suggested

stations within reach of the free community, where the convicts should

be prepared for society in parties of six, joined in a common fate, by

mutual agreement. They were to work out their redemption together: their

vigilance would detect, their interests depress disorders in the clubs;

the virtues of sobriety, diligence, decency, and industry, achieved by

each, would be rewarded for the common benefit of all; but for the fault

of one, the whole would pay the penalty; or should the partnership be

dissolved by the intolerable injustice of any, its disbanded members

would return to their starting point, and in new combinations pursue

again, and perhaps again, the first steps, until all should reach

abreast one common goal.

Such was the system of moral training and mutual responsibility, which

he deemed only a new accommodation of established principles. In his

view, it was a moral field the greatest statesman might enter with

success, and thus crown himself with immortal renown. Such in substance

was the summary, afterwards amplified by details and illustrated by

facts. In subsequent papers the more offensive passages were explained

and qualified; but at best, they appear not only an indictment of

opinions and systems, but of classes and communities.

Sir John Franklin promptly referred the queries of the _Society_ to an

official board, which consisted of the chief police magistrate of the

territory (Captain Forster), the director-general of public works

(Captain Cheyne), and the superintendent of convicts (Mr. Spode). In

reply to sixty-six of these questions they had only to refer to

undisputed facts; but the last contemplated both the theory and

practice of transportation. In the statement of facts they united; but

the proper remedies to apply to acknowledged evils, admitted of

difference--and they all differed.

The memorandum of the chief police magistrate, beside briefly describing

the practice of former times, recommended important changes for the

future. Instead of assignment from the ships, he suggested that all

prisoners should be placed on the public works, for a period to be fixed

by the judges. He proposed a new distribution of time penalties: thus

instead of seven, fourteen years, and life, to recognise by law a more

minute and proportionate sub-division. In assignment, he recommended

wages, rateable at the discretion of government; afterwards a _first

class_ ticket-of-leave, with a permission to choose employers; and a

_second class_, to include most of the privileges of freedom, voidable

only by a court of quarter sessions for specified offences. The

conditional pardon he deemed it necessary to defer a longer time than

usual; since, when released from surveillance and responsibility,

ticket-holders often relapsed into the vices from which they had

previously emerged.

Mr. Spode concurred with the chief police magistrate, though with

serious reservations: especially, he deprecated any delay of

assignment--a state he deemed most conducive to reform, and highly

useful to the colony. Mr. Forster had declared that female prisoners

"_were not available subjects for prison discipline_." Mr. Spode

recommended solitary confinement, or marriage. In the meantime,

Maconochie having drawn up his report, submitted it to Captain Cheyne,

and made a proselyte.

Captain Cheyne took the colony by surprise. Not only did he denounce

assignment, but spoke of the settlers with still less tenderness: he

asserted that a great proportion of those entrusted with convicts "were

dissolute in their habits, and depraved in their principles." That there

"existed a fearful degree of depravity, unparalleled in any age;" that

assignment was the great source of crime and caste: for the convict "no

man cared;" few were exempt from contemptuous and brutal treatment--few

escaped punishment. Such opinions could only usher in a system radically

new. Thus Captain Cheyne proposed to divide the prisoners into gangs of

two hundred each, and the adoption of task work proportioned to physical

strength. He proposed wages to be paid to the road parties, to be

expended in the purchase of comforts, or reserved for a future day. On

introducing the prisoners into society, he recommended a graduated scale

of indulgence, not greatly dissimilar from the propositions stated

already.

The papers of Maconochie and Cheyne were referred to the members of the

executive council, and were generally condemned. Captain Montagu urged

the great danger to the public peace, from the propagation of an opinion

that the laws were unjust, the masters oppressive, and the government

cruel. Were it intended to test Maconochie's theory, he demanded a large

increase of military force. He, however, complained that gentlemen, who

possessed such slight practical knowledge, should venture to assail

established systems. His remarks chiefly related to the colonial

influence of their ideas, and he exaggerated the danger to the public

safety. The most dispassionate examination of this report was given by

Archdeacon Hutchins. It was far more copious in its admissions in

reference to the existing system. Little work was done; the prisoners

were very slightly reformed, and the agents often unfit. But by what

means labor could be exacted, or a "millennial age of righteousness"

supersede the past, he declared himself uncertain. He was sceptical that

it was possible to obtain men of science, prudence, and equity, to

administer a system so complexed, and requiring such discretion.

Mr. Gregory, the colonial treasurer, adopted a less grave form of

criticism. He soothed, by his humour, the colonial wrath, and among the

lesser gods excited unextinguishable laughter. The charges of Maconochie

and Cheyne against the colonists, he described as loose and random

shots, fired by inexperienced hands. In reducing the plan of clubs to

practical details, he insisted they were unequal, and even impossible.

The minute appraisement, both of good and evil; reckoning up the diurnal

merits of the men--the balance of which was to furnish their capital

stock, to discharge their fines, to find them food and clothing, and

liberty--he described as a gigantic scheme of finance.[223] He amused

himself by supposing the number of chances which might intervene before,

of ninety-six men, the whole should be divided into clubs of six, and

by the separate agreement of all combine their fortunes, and risk joint

forfeitures: each man settling into partnership with five others whom he

could trust, and by whom he could be trusted. He figured also the

embarrassment of the protectors, who every evening, ledger in hand, must

make up their debtor and creditor account for the three hundred

probationers.

The summary, Capt. Maconochie had enclosed, under seal of the Governor,

to Sir George Grey, without however fully explaining its contents to Sir

John Franklin, or intimating its serious and formal nature. When the

journal containing it was placed in his hands, he uttered an exclamation

of astonishment, and instantly dismissed its author, but did not

withdraw his friendship. Maconochie represented that it was a private

document, intended for private use--its sudden appearance not less

unexpected than embarrassing. That he had not submitted this paper to

the Governor, he ascribed to the irritation caused by the difference of

their opinions; and that he did not delay its transmission, he imputed

to its overwhelming importance and its pressure on his mind. How the

spirit of the Governor was extolled by the colonists need not be

formally stated, or how his discarded secretary was accused of rashness,

perfidy, and falsehood. Maconochie did not himself disdain to

acknowledge, that in error of judgment he had forwarded too early, and

in a manner seemingly clandestine, a report so decided. The imputation

of duplicity was unjust: Franklin was not wholly ignorant of the

contents of the packet. Although not, perhaps, aware that he was

franking a system, yet by the same vessel he wrote to the minister that

he had not read, and could not answer for the _summary_. It was,

however, strange for the ministers of the crown to rely on a private

report; and especially upon the truthfulness of an analysis, which gave

opinions, but deferred the evidence on which they were said to rest.

The resemblance which may be traced between the system propounded by

Maconochie, and the suggestions which have been offered at various times

by writers on this subject, will not deprive him of the credit of

originality. Hazarded by their authors without much reflection, the

boldness of a reformer was required to adapt them. It may, however, be

interesting to trace the details which he combined, or the sources of

those ideas which he comprehended in his scheme.

Sidney Smith suggested "new gradations of guilt to be established by

law, and new names to those gradations; a different measure of good and

evil treatment attached to those denominations--as rogues, incorrigible

rogues," and so forth.

Mr. Potter M'Queen recommended a division of offenders, some of whom

should be punished in gangs, and others subject to a process simply

reformatory.

Blanco White, a celebrated Spaniard, had suggested sentences to an

amount of work rather than to an extent of years. He proposed that the

tread-wheel should measure the progress of the culprit, and that every

revolution should bring him nearer to liberty.

His punitive system had long been adopted by Arthur, though probably

with objects somewhat distinct: it was found in every penal settlement

and road gang.

Capt. Cheyne had recommended the opening of accounts and payment for

probationary labor.

At Bermuda, the stimulus of present enjoyment was offered to industry:

convicts were allowed 1_s._ 6_d._ per week, half of which they were at

liberty to expend in fruits, vegetables, and such like comforts; the

residue forming a fund, sometimes of L15 and L20, receivable at

discharge. These indulgences were attended with the happiest effects,

and the superintendent, Sir Thomas Usher, was so satisfied with their

reformation, that he had no doubt seven-eighths were better men at the

close than at the commencement of their bondage.

The idea of clubs was found in the tithings of the ancient Britons,

which were enrolled by the authority of Alfred, and made liable for each

other. Maconochie saw in the disjointed and licentious condition of that

era, something analogous to the state of convicts, and in the result

that "a bracelet might be left on the highway with security," an

encouragement to hope, from a similar organisation, for the same

success. Capt. Maconochie quoted Hume in describing these societies, but

he omitted those sentences which seem to give another aspect to the

institution; for when a member of the tithings was charged with a crime,

the rest could purge themselves from responsibility, if acquitted on

oath of connivance with the offender, or his escape: but, however

innocent, the clubs of Maconochie were involved in the responsibility of

the transgressor--a fundamental difference, the suppression of which was

scarcely compatible with literary candour.

Bentham himself had proposed that convicts should remain at auxiliary

establishments, in principle resembling the training stations of

Maconochie, until they could be prepared for the full enjoyment of

liberty. He also suggested mutual surveillance associations, in which

the prisoners should watch over, instruct, and assist each other.

Archbishop Whately advocated the detention of prisoners until their

reformation was established.

Maconochie attributed his idea of marks to an observation of Messrs.

Backhouse and Walker on their usefulness in training the rising

generation: they thought they discerned a faint image of the club system

at Macquarie Harbour, where devout prisoners separated themselves into a

society, and were secured from the interruption of the rest. Men from

bondage, were released in the hulks, when the sum total of marks in

their favor covered a certain period of their sentence.

Macarthur had recommended the employment of an officer, under the

immediate direction of the home secretary of state, responsible for the

full execution of a sentence, to whom the entire management of the

convict department might be committed. The governors would thus be less

likely to change the aspect of transportation, according to their

particular theories.[224]

Captain Maconochie was preceded in this branch of penal philosophy by a

gentleman, not equally celebrated, but who proposed changes as radical.

It is amusing to observe, with what different objects, and how diverse

in spirit, similar mutations have been enforced. Dr. Henderson, the

founder of the Van Diemen's Land Society, on returning to India, offered

through the press at Calcutta a new scheme of colonisation, based on

convict government. That which existed he deemed defective in its main

principles, and futile in its results. The settlers he described, with

some contempt, as an inferior class, inflated with notions of liberty

and equality, and debased by convict associations; prone to quarrel and

encroach, but distressed with the endless vexations of their lot.

Forbidden to punish the insolence of their servants; exposed to the

disgrace of meeting their accusations; or when they prosecuted a charge,

liable to the strictures of the magistrate, who might penetrate the

secrets of their dwellings, and censure them in the presence of their

exulting slaves. Thus, though the author assumed the tone of

philosophical discussion, he differed from others who professed to

investigate principles: he observed--"We find the convicts in the

condition of slaves placed under despotic power." "It is not necessary

to enquire whether it is for their benefit;" "they are not entitled to

our sympathy, should they be treated with the rigour of slaves:" "they

will not often labor when they are removed from the dread of

punishment." "The magistrates should be relieved from forms and

precedents, and punish according to the intrinsic value of offences, and

for the public good." "More injury is done by the trammels of the law,

than by leaving the judges to their own discretion." Such is the essence

of his system, which, however, always presumed the existence of a lofty

purpose and a dispassionate administration.[225] For this large

discretion, however, he pronounced the existing settlers unfit: he

recommended the employment of young educated gentlemen, under a board of

directors, and proposed as the primary object of discipline, neither

punishment nor intimidation, but _productiveness_. Power being lodged in

the hands of the superintendents, without regard to _Burns' Justice_, or

written regulations, they would check offences at once, and punish

according to their social and material tendency. He held, as vitally

important, that all national views in reference to transportation should

be subordinate to the colonial welfare. Having formed agricultural

establishments, and fitted them to become the home of capitalists, the

officers of government would give place to another class of employers.

The house, the servants, and the cleared ground, would be disposed of by

the crown; the convicts, gradually trained, exalted into a free

population, and with their families would form a peasantry. The sale of

these estates would repay the original outlay; and thus, without further

drafts on the treasury, the process could be renewed in an endless

succession. The lash, Dr. Henderson was far from rejecting as an

instrument of correction--"cheap and expeditious:" in short, his was a

plan of slavery, and which conveyed semi-magisterial powers to the

overseers, and gave them a profit on the labor they might exact.

Henderson had become sultanised by living in India: he was attached to

the spirit of its government; the legal formalities, which delight an

Englishman, seemed to him the degradation of rank, and a pernicious

license to inferiors. In his imaginary commonwealth, he saw but two

classes, which, in the language of the East, he distinguished as the

"head and the hand." He thought the judges should be required to aid the

governors by their interpretations of the law; who, at the close of

their administration, might be tried by their peers, and, if found

wanting, handed over to everlasting shame! Thus, his plan embodied the

spirit of caste, of orientalism, and of the India House. He had no

simpering tenderness for the prisoner, while he attributed to the upper

classes an innate rectitude and self control, such as the British

records of the East will hardly sustain. His speculations are worth

remembering, for the contrast of their _animus_ with those of

Maconochie, and for the analogy in their details.

FOOTNOTES:

[Footnote 221: The petition to the Commons prayed an enquiry into the

efficacy of transportation to New South Wales as a secondary punishment:

whether it should be continued, and under what alterations of the

present system; or, if discontinued, in what manner, &c.--_Petition_,

1836.]

[Footnote 222: It was not much better in England: the Rev. J. Clay

stated, that in Preston there were 422 dwellings, inhabited by 2,400

persons, sleeping in 852 beds; that is an average of five and a

fractional part as follows:--84 cases 4 in a bed; 28 cases 5, 13 cases

6, 3 cases 7, 1 case 8; one family of 8 on bed frames, covered with a

little straw.--_Health of Towns Commission_, 1844.]

[Footnote 223:

_Dr._ _Cr._

A. 3 marks for getting drunk. | B. 1 mark for punctual at

C. 2 marks for losing part of his | church.

Sunday clothes. | D. 2 marks for general

E. 5 marks for wantonly assaulting F.| steadiness and obedience.

-- | F. 3 marks for self command

10 | under grievous provocation.

6 | --

-- | 6

4 loss; falling one-half on those who obtained the entire stock of

credit.]

[Footnote 224: _Macarthur's Present State, &c._ pp. 47, 49.]

[Footnote 225: "They should have increased the barriers between him and

the convict; and in those investigations they should have leaned towards

him (the master), even at the expense of legal justice: his character

should have been rendered sacred in the eyes of the convict."--_Henderson's

Observations_, p. 12.]

The History of Tasmania , Volume II · 第 19 / 28 章