SECTION XX.

At this era, no one will question the integrity or benevolence of

Captain Maconochie, and it would be disgraceful in a historical work to

adopt the language of prejudice, much more the invectives of a quarrel;

but it is not less important to estimate aright both his opinions and

his plans. His description of the condition of the prisoners might be

easily illustrated by examples. There were settlers, not a few, to whose

care the prisoners were entrusted, who were unfit to govern a kennel.

Low in their origin, corrupt in their principles, and detestable in

their lives--themselves differing from felons in nothing but their

position.

The unhappy prisoner entrusted to their charge, was insulted, coerced,

and crushed. Sufficiently cunning to avoid a palpable infraction of the

orders of government, they constantly violated their spirit. Physical

weakness, or mental incapacity, they treated as evasion or contempt.

Prone to invoke the interposition of the magistracy, they drove

unfortunate beings for slight offences to a tribunal, where the

presumption was always against them. In the presence of the magistrate

they were smooth and supple; but the eye of the punished prisoner marked

the exultation of cruelty triumphant, and his course was rapid from

failings to faults, and from faults to crimes.

In the larger establishments, except where the humanity of the master

kept alive his vigilance, the men were sometimes placed in the power of

an overseer, himself perhaps an expiree; who, elated with office,

delighted in the advent of his turn to torture. On such farms the rigour

of discipline seemed essential to order: too often, the men differed but

little from slaves. Violations of rule were deemed more pernicious by

their example than their immediate inconvenience: to pass by a fault,

was thought to license its imitation. The indulgences afforded by a

small settler, whose social happiness depended on their good humour,

would have proved, where many herded together, an item of large expense.

Punishments, the readiest instruments of control, were inflicted on

calculation: there was, perhaps, no anger in the breast of the

accuser--the defaulter he would have readily forgiven, had he stood

alone; but impunity would relax the reins of authority, and the lash was

invoked because most convenient. The published documents of the House of

Commons illustrate the perseverance of masters, in repeating their

prosecutions; and the resistance and suffering of miserable men, who for

the long period of their service lived in constant warfare, and

retaliated the social wretchedness they endured. An enquirer could not

long reside in the colony, without learning that many had borne a

succession of punishments sufficient to prostrate the strength of a

giant, and which no mere animal in the creation could survive.

Yet this is not a fair estimate of the character of the settlers, or the

results of assignment; and a want of discrimination in Maconochie,

however unintentional, was a serious injustice. It was true, that the

constant vexations of a settler's life produced, too generally, a tone

and manner, striking to a stranger, because not so common under happier

circumstances. The substantial benevolence of many employers is not the

less unquestionable: a large number continued their liberated men in

their service, whom they had taught the arts of industry, brought under

the influence of moral instruction, and assisted to settle in life.

Hundreds scattered throughout these colonies, who were born in the

contagion of wickedness, were rescued from habits of crime by the long

and patient training of their masters. That many such have become

virtuous, in the highest sense, could not be affirmed without hazard;

but can this be said of the majority of mankind?

The charges of Maconochie incurred severe reproach, for their rashness.

It is true, that the prominence of evil fixes the attention, while

humanity is retiring and noiseless--as the riot of the streets conceals

rather than illustrates the sobriety and order within doors; but a

philosopher should have taken into account this facility of error, while

condemning with whatever severity the evils he might scan: lest he

should be found to set forth the exception as the rule, and the rule as

the exception.

Were persons, who have passed through assignment, to give their

testimony, a very large proportion would acknowledge that their

condition was not unhappy, or their masters unkind. In his estimate of

prisoners, Capt. Maconochie was equally deceived by a generous

confidence, or by his pity for human suffering. Some were, indeed, far

superior to their degradation: they retained in bondage the principles

they had derived from education, or the dispositions natural to their

character: offenders by accident, not habit; and some condemned by that

last calamity incident to society, the mistakes of public justice. A

much larger class were victims of early neglect: parental example, or of

the social evils which are incident to the refinement, corruption, and

selfishness of the age; but very many, whatever the cause of their

depravity, were really and recklessly depraved. The pitying eye of the

philanthropist, glancing at their history, would find his compassion in

the ascendant, and in surveying their misfortunes might forget their

crimes; but to stand in contact with them; to struggle against their

passions, to hear their profaneness, to correct their indolence, and to

thwart their peculations--these were duties and trials, in the presence

of which the highest benevolence became practical, and theory gave way

before actual experience. Nor is it easy to discover by what plan the

injustice of European society, or the misfortunes of youth, can change

the colonial aspect of depravity, or supersede the penalties provoked by

indisputable wickedness.

A close examination of the records in the police-office, not only proves

the revolting severity of our penal administration, but by preserving

the original character and colonial career of the prisoners, illustrates

the depth, continuity, and recklessness of their guilt. It was in this

department of his investigation Maconochie dropped into serious errors.

He entertained the conviction that the far greater number were wicked,

because they were unhappy: nor did he sufficiently perceive, that in a

large mass of offenders the principles which debase them had become

constitutional by habit; and that nothing, short of divine power, could

change the current of their passions, or the course of their lives. From

such a view of human nature the feeling mind revolts, and the

philanthropist may justly cherish those animating hopes which instances

of reformation may save from the charge of folly; but a philosopher,

constructing a system, cannot disguise facts with impunity: and nothing

is more certain than that he whose expectations are disappointed, feels

a dangerous reaction, and passes from unlimited confidence to

undiscriminating suspicion. The administration of the criminal laws,

both in Great Britain and the colonies, presents a series of

alternations between rigour and laxity, which have proceeded from the

alternate ascendancy of conflicting ideas, that can never settle into

harmony.

Maconochie delighted to trace the better qualities of prisoners: how

even the most daring are moved by tenderness, and when kindly spoken to,

melt into tears. Unhappily these characteristics too often exist in

combination with passions which render them useless. It is, however, the

duty of all to endeavour to elicit and nourish them; for though they but

slightly relieve the depravity with which they are not incompatible,

they afford a nucleus round which the social virtues often gather, and

prevent the total despondency of those who labor for the welfare of the

weak, the wicked, and the miserable.

Sir John Franklin made a last effort to save the system of assignment.

He defended the colonists from the imputations of Captain Maconochie,

and exhibited statistics, which proved their anxiety to promote the

spiritual welfare of the population. He maintained that the surveillance

of the government was active, the distribution of labor usually

impartial; the protection of the prisoners from injustice

secured by law, by the press, and by the constant scrutiny of the

lieutenant-governor. He argued that the quiet submission of the

prisoners was not ensured so much by military power as the consciousness

that they were treated with justice. In his view assignment, by its near

resemblance to the ordinary combinations of social life, prevented the

worst consequences of penal degradation, and tended to rouse the

sympathies which crime might have rendered dormant; he, however,

disapproved of assignment in towns, and for domestic service.[226]

The abuses of assignment were prominently exhibited in the instance of

Clapperton, a man greatly trusted by his master, Mr. Alfred Stephen. He

was guilty of embezzlement to a large extent: he was tried by Captain

Forster, and sentenced to fourteen years transportation; but Clapperton

was famous as a clever cook, and as such was desired by the colonial

secretary, who, however, judged it right first to enquire whether his

services would be in demand for the kitchen of the governor. The private

secretary waived the precedence, and Clapperton was accordingly sent to

the residence of Captain Montagu. On the way to his destination he

called at the house of his old master, to acquaint the servants with the

favorable turn in his fortune: this became known to Mr. Alfred Stephen,

who found that, by the prosecution he had instituted, he had conferred a

favor upon an official friend. He immediately appealed to Sir John

Franklin, who was evidently unconcerned in the arrangement: he recalled

the man, and sent him to labor on the roads. The public discussion of

this case excited a strong sensation: it illustrated the system, which

sent one man to toil on the chain, and another to wear the livery of the

second officer of the government.

Fifty gentlemen presented a requisition to the sheriff, to call a

meeting, to discuss the abuses of transportation: this, however, he

declined, and the requisitionists permitted the matter to drop, lest an

exposure should endanger assignment altogether. It could only suggest to

the British parliament new arguments for abolition, when it was found

that a doubly convicted offender was sent a few miles, into an opulent

establishment, to enjoy the dominion of the larder, to romp with the

maids, traffick with the tradesmen, and command the means of vicious

gratification; while a simple rustic, fresh from his first

transgression, was subject to all the hardships of predial bondage.

FOOTNOTES:

[Footnote 226: Despatch lo Lord Glenelg, October, 1837.]

The History of Tasmania , Volume II · 第 20 / 28 章