Chapter IV. Hints for the Improvement of the Colony.

Having thus touched upon the progress of the Colony and its

present state, I shall now beg to add such Hints respecting its

future improvement, as have suggested themselves to my mind

during a residence of ten years in the settlement, in which

period I have been enabled, from the nature of the various

situations I have held there, to render myself intimately

acquainted with all those particulars which are essential to the

formation of a correct opinion on this interesting subject. And

to the execution of this task I feel the more particularly urged,

since I have beheld, with pain, that those who seem to be most

deeply impressed with the necessity which exists, for the

adoption of some measures to further the interests of the colony,

have entirely mistaken the line which ought to be followed, and

have marked out to themselves a course of procedure, which is

founded on a total misconception of the nature of the colony, and

a very superficial knowledge of its present state. That a period

of twenty-two years has not been sufficient to render New South

Wales independent of the mother country, is a reflection which

must produce strong and ungenial suspicions of the prudence of

those methods which have been pursued to accelerate such a

desirable end; and the continuance of the late system, the

inefficiency of which has been amply illustrated by recent

events, and facts which are incontrovertible, is, of all evils,

the most sincerely to be deprecated and guarded against. Of the

capability of the settlement to produce adequate means for the

subsistence of its members, there can be but a single opinion

amongst persons who are enabled, from experience, to judge of the

nature and fertility of the soil; and it must, consequently, form

an evident conclusion, that some unnatural check must have sprung

up to impede the ordinary course of proceedings. My object,

however, is not to deprecate the opinions of others, but to give

to the public those ideas of improvement which have arisen in my

own mind, and which have been confirmed by the approbation of

others, who are equally as well or better qualified to decide

upon this important subject.

Complaints having been made by the government of the expenses

of the colony, which have accumulated, rather than diminished,

with the increasing growth of the settlement, I shall first enter

into a statement of the causes of this augmented expense, part of

which, as I shall hope to demonstrate with clearness, has arisen

out of the nature of things, and the other part may be attributed

to various causes.

1st, As to the retarded progress of public buildings, and the

diminution in the labour of the convicts.--This decrease in the

quantity of labour performed, is to be attributed to the natural

falling-off in the strength of the convicts employed in

government labour, from deaths, desertions, and their becoming

free. Those who were first sent to the colony, and had been

originally transported for seven and fourteen years had served

their times, the former in 1793, and the latter in 1800; numbers

had been released from their servitude on account of their

exemplary behaviour, or of services done to the colony; and all

who became settlers being allowed one, two, or more convicts to

assist in the cultivation of the tracts assigned to them, the

reduction in those who laboured for the crown must necessarily

have been very considerable, and must still continue in an

increasing degree, owing to the great numbers of free settlers

who have been allowed to go out from England, many of whom have

only been a great expense to government, and an hindrance to the

settlement. From a correct estimation taken in the year 1800, it

was ascertained that three-fourths of the convicts employed in

the service of government at the close of 1792, had been

subsequently discharged. From that period to the year 1800, 1259

new male convicts arrived, effective and non-effective, a number

which was insufficient to fill up the deficiencies occasioned by

those who had obtained their liberations in consequence of having

completed their terms of servitude, and the emancipations which

had taken place, the number of which together amounted to 1264,

without including the deaths, casualties, and escapes, which may

be taken at an equal number; nor were there more employed by the

crown than 710 when Governor King was succeeded in the command of

the colony (although a great many had arrived between those

periods), including the vast number allowed to officers,

settlers, and others, and but few of the remainder were either

mechanics or persons adapted to the improvement of the colony;

therefore from these causes it must be evident to every rational

mind, that the progress of the colony towards perfection and

prosperity has, in fact, been as rapid as could be expected,

considering the circumstances of the settlement; and an opinion

of a contrary nature must have been grounded upon an exaggerated

estimate of the means which existed, and an entire ignorance of

the due proportion which they have borne to the labour required

at their hands.

2dly, As to the expenditure of the stores which were forwarded

to the colony, in the interval which elapsed from the departure

of Governor Phillip, in December, 1792, to the arrival of

Governor Hunter, in September, 1795.--It has been subsequently

ascertained, that in this lapse of two years and three-quarters,

a sufficiency of stores had been received to supply the real

wants of the settlement for a period nearly thrice as long;

whereas the whole was expended, and the store-houses were found

empty at the arrival of the latter governor from England. In

consequence of the profusion which had thus been practised,

although it might at that time be deemed needful, his excellency

Governor Hunter was reduced to the necessity of purchasing new

stores at an expensive market, where every advantage was taken of

the necessity which had induced the demand, and the most

exorbitant prices were charged for each article. I have

understood from very good authority, that two pounds were paid

for a pair of men's shoes, and thirty shillings for women's;

tobacco was forty shillings per lb.; soap twelve shillings, and

sugar eight shillings; a beaver hat and a coarse jacket, fetched

five pounds each, and every other article in an equal proportion.

A great deal of time was also lost in endeavouring to make

implements of husbandry, mechanical tools, and other requisites

of a similar description. The reduced state of the colony at this

period was also rendered still more deplorable, by the neglect of

the government in England to comply with the urgent requisitions

of Governor Hunter for such supplies as were necessary. The

exhaustion of the stores of clothing and beds and blankets,

assisted to fill the hospital with patients, and rendered the

purchase of these articles absolutely indispensable at any price,

and on any terms on which they might be procured. I feel myself

inclined to suppose, that the backwardness which displayed itself

at this time in the government to dispatch the stores which were

demanded, arose from a conviction that the supplies which had

been previously sent in such abundance were sufficiently ample

for all the immediate wants of the colony, and, consequently,

that the pressure of necessity could not be so great as was

represented; for it was not to be expected that those officers

who administered the government of the colony, on the arrival of

their successors, would depict the situation of the settlement,

and the state of the stores, in any other than a favourable

light, particularly to his Majesty's ministers at home; a line of

conduct which tended considerably to enhance the mischiefs which

had been already showered upon the inhabitants, by the perhaps

too liberal distribution which had been displayed in the issuing

of the various necessaries during their administration.

3dly, As to the custom of allowing to settlers a certain

number of convicts, for years, to assist in the tillage, and

continuing to victual those servants out of the public stores.--I

am clearly of opinion, that much evil has arisen from the

unrestrained issue of this indulgence. The original object of

this grant was, to enable the young farmer to clear the tract

which was assigned to him, and to bring it into a condition which

would enable it to produce a maintenance for its possessor; then

he was required to take the convicts which he thought it

necessary to retain, entirely off the public stores, and to

victual and clothe them at his own cost. The abuse of this

indulgence, however, has arisen from the extension of its

advantages to an unlimitted term; so that the farmer is

interested in retarding the efforts which he might otherwise be

induced to make for the improvement of his land, in order to save

himself from the burden of supporting his servants; and thus a

spirit of indolence is promoted, and the original intention of

the measure is totally perverted. The continuance of this

pernicious system, previous to the administration of Governor

Hunter, had induced the settlers to look upon it as a right,

rather than an indulgence. Numbers of useful mechanics, whose

services might have been turned to advantage, in the exercise of

their different professions for the public benefit, were thus

given to those who cultivated lands, until their term was

expired; and no sooner did they recover their freedom, than they

quitted the service of government for more lucrative employments;

the consequence was, artificers at a high price were to be hired

by the governor, to build those store-houses which might have

been erected before, and to repair the towns of Parramatta and

Toongabbee, which were falling into ruins, on account of the

necessary repairs having been neglected at a proper season: This

was a new expense entailed upon government, and many thousands

were expended, which foresight and prudent policy might have

saved.

A 4th cause of superfluous expense to the crown, was to be

found in the employment of the convicts to perform the public

service by task-work, which was completed by nine or ten o'clock

in the morning, and thus left the hands free to assist in the

cultivation of those tracts of land which had been granted to

different descriptions of persons. Thus was the government labour

protracted in a most shameful degree; the labour of little more

than a week requiring the lapse of a month to complete it; and

thus, also, several were induced, by their attention to their

individual interests, to neglect the service of the colony. The

consequence of this innovation was, the rapid clearing and

cultivation of such persons' estates, and the erection of

comfortable residences and the acquisition of further

accommodations, which they must otherwise have waited some time

to obtain; while the buildings which were required to be raised

for the security of the stores, and for other purposes of equal

necessity, were greatly retarded. I am confident also that this

conduct tended to relax the discipline which ought to have been

rigidly preserved amongst the convicts, and produced a general

carelessness of the general interest; and it was not without some

difficulty that Governor Hunter succeeded in the adoption of a

contrary line of behaviour. Habits of dissipation and indolence

resulted from this pernicious mode of bartering the public for

individual interest, which had taken such deep root, as to render

their complete eradication matter of the most extreme difficulty:

The encroachments on the hours of labour for the crown has,

however, been done away by Governor Hunter, and a a more regular

system has been adopted in the allowance of convicts and other

indulgences to settlers, etc. by order of the Secretary of

State, since his excellency's departure.

The custom of imprisoning for debt those persons who are

employed in the public service, constitutes the 5th article of

notice; and this practice had been carried to such a pitch, that

dealers would readily give credit to convicts, or any servants of

the crown, under the idea that they might sue the debtors for the

amount, and imprison them, or obtain the benefit of their labour

until the debt was liquidated. The necessities of the convicts

frequently compelled them to seek for credit, and thus to throw

themselves into the power of those iniquitous designers. In

consequence of the prevalence of this practice many of the

convicts were immured continually, and thus the public was

deprived of their services; since they preferred remaining

indolently in confinement to making those complaints to the

governor, which would have led to their release, and reinstation

in their former situations of labour. Governor Hunter no sooner

made himself acquainted with the mischievous extent to which this

conduct was carried, than he published an order, in which he

prohibited every person in trade from "crediting the

servants of the crown, under the plea of their being at liberty

to imprison their persons; if such credit was given, it was to be

understood as being done at the risk of the creditor, on the good

faith he entertained of the integrity of the persons he so

entrusted, but that the public should not be deprived of the

labour of its servants for the partial accommodation of

individuals." This order was dated the 4th of October, 1798,

three years after the return of Governor Hunter to the

administration of his high and responsible office; and the

regulation was justified by the situation of the colony, and the

abuses which had sprung out of the custom. After the publication

of this order, however, I saw many persons committed to prison

for debt, whose situation, as convicts, exempted them from

incarceration; but this apparent breach of the regulation was

entirely attributable to the ignorance of the court which had

thus decided, that the person against whom their warrant was

directed, was at the time a bond-servant, and, consequently,

within the reach of this clause. Whenever a commitment of this

description came to the governor's knowledge (which was always

the case in a few days, when the report of the prisoners for debt

was delivered to him), the delinquent was immediately enlarged,

since his confinement was illegal, as contrary to the order which

had been published on the subject.

Another cause of expense, comprising the 6th in this

enumeration, arose out of the number of orphan children in the

settlement, who were allowed full ration and clothing at the

charge of government. This evil has, however, experienced a very

natural reduction, from the judicious measures adopted by

Governor Hunter, who laid the foundation of a fund for the

benefit of these orphans; the consequence of which has been, the

completion of a school for the education and maintenance of

female children of that description, and which is now supported

by various imposts upon merchandize, and other taxations or fines

for certain offences against the general orders. The children

embraced by this charity are not simply the offspring of deceased

parents, but such other children, also, as have been left

unprovided for, by the desertion of those whose duty it was to

foster them, or from the circumstance of their being found to be

worthless and profligate characters, or by their having betrayed

a carelessness and indifference as to the moral improvement of

their children; where such a disposition displayed itself, the

offspring were taken from them, and their subsequent progress was

made the care of this institution, which provided for their

support and improvement; and I am happy to say, that there is

every appearance of a great good arising from this foundation, by

rescuing from infamy and shame, and bringing up to a life of

virtue and industry, a number of fine young girls, whom it is

earnestly hoped will strive to repay the paternal care that has

been taken of them in their juvenile days, by a strict adherence

to every pure inclination as they rise in age, and a grateful

remembrance of those from whom their happiness has sprung.

7thly, The establishment of a most injurious monopoly amongst

the inhabitants of the settlement, which has tended to the ruin

of fair trade.--The commencement of this baleful system is traced

back to the administration of Governor Phillip, at which time I

was not in the settlement. In a very scarce period, when all

classes were labouring under every kind of privation, the

officers prayed leave of the governor to charter the ship

Britannia for the Cape of Good Hope, to bring back cattle and

other articles on their account, for which speculation a

considerable sum was subscribed, in equal shares. The governor

assented to the proposition, in consequence of the peculiar state

of the colony at that time; but scarcely had the Britannia sailed

upon her voyage, when the governor, having received leave of

absence, left the settlement, and the government immediately

changed its form, from a naval to a military system. In

consequence of this variation, permission was readily obtained

for the disposal of the cargo thus imported on its arrival, and

after its passing through the hands of the importers, the chief

part of the merchandize produced from 1000L. to

2000L. per cent. to the private retailer. These

extraordinary advantages could but be attended with evil and

destructive consequences to the settlement at large; nor does the

system of monopoly, which was so early introduced in the colony,

cease to spread its baleful influence; by which means the

settlers, who were deserving of the most marked encouragement and

indulgence, still remain in far less affluent circumstances than

they otherwise might have been. This topic deserves serious

attention, and the mild hand of legislative authority, to check

its further pernicious effects.

Having spoken thus on the subject of monopoly, which I shall

at a future period fully establish, and which has occasioned the

sacrifice of the public, to individual interest, I shall proceed

to advert, 8thly, to the loss which the government has sustained

in the dereliction of some of its most valuable servants, who

have been allured, by the rapid fortunes made by several

individuals, to quit the service of the public, and to embark in

traffic. The inferior officers of the settlement, and the

non-commissioned officers and privates of the regiment, have been

infected with the itch for dealing; and many of the settlers

themselves have either disposed of their farms or deserted them,

to obtain the means or the leisure to devote themselves to a

species of dealing which never failed to turn to good account.

Many who had also served their terms of transportation, instead

of remaining to aid the public service, withdrew themselves from

the stores, and turned their thoughts to trade. The consequence

of this universal inclination to one object, and that of such an

evil nature, being chiefly confined to the sale of spirits, soon

became obvious in the desertion of those farms which had been

previously tilled with so much advantage, and in the neglect of

all duties, whether of a public or private nature. The immense

profits made by this pursuit served as a new stimulus to its

continuance: One dealer was known to have cleared twelve hundred

pounds sterling in four weeks, and chiefly by the sale of

spirits; and an inhabitant of the lowest order, who commenced

dealing with five pounds, has been known to realize five hundred

pounds in the course of six months. It must naturally be

inferred, that the most base imposition must have been practised

to render this business so extremely lucrative, and the article

itself must have been diluted away to excessive weakness; but

while the temptation remained so strong, it is not to be wondered

at that such numbers of persons, in a colony of this or any other

description, should be found to quit every other object for a

free and full pursuit of one so full of attraction. Many of the

convicts soon acquired property in this way, and some of those

who had been in that unfortunate situation, by their good conduct

are now considered as respectable characters, and are in

possession of horses, carriages, and servants, with a sufficiency

to secure their independence during the remainder of their lives.

The military have also made considerable wealth by the same

course, and the consequence was the instilment into every bosom

of a consciousness of independence, which was fatal to that

strict subordination which ought to be maintained and enforced.

Non-commissioned officers were the principal actors in this

department, and being connected by the ties of common interest,

they formed a combination which interfered with the middle class

of inhabitants, since they could get on board any vessels on

account of their rank, which gave them the privilege of doing so,

without being under the necessity of obtaining a written pass for

that purpose. The principle of allowing a servant to enter into

traffic, is fraught with the most serious mischief; since he is

not only led to neglect the duties he has undertaken to perform,

but gradually becomes independent in his feelings and opinions,

and substitutes insolence of conduct for the respect which ought

to mark his behaviour. The value of an article also becomes

greatly enhanced to the consumer, when it is permitted to pass

through so many hands, each individual of whom must place upon it

a profit which he deems adequate to his labour or his ingenuity.

Allowing liberty to a prisoner to pursue this kind of avocation

is productive of another evil; it leads him, by gradual steps,

from becoming careless of his proper duty, to the assumption of a

degree of importance and independence which induces him to place

himself above his master, and thus controverts the natural and

necessary distinctions of society. This traffic has also

originated numerous frauds of a pecuniary description, amongst

which may be mentioned, as the most notorious, the custom of

indorsing notes of hand over to persons, without receiving any

consideration for the same, and thus making them the plaintiffs

in the suits which they were permitted to institute. From all

these practices it has resulted, that numerous settlers have been

induced to neglect or quit their farms, which, with industrious

management, were competent to the supply of all their necessary

wants, and thus to diminish the means of procuring subsistence

for the colony; and they have become dissatisfied with a country,

which is capable of being made the most lovely and prolific in

the world. Amongst the inhabitants, also, was introduced the vice

of gaming--a natural consequence of the astonishing increase of

wealth in men of little principle and no economy; drunkenness was

the ready way to this crime, and so addicted were many of every

class of society to it, that they scrupled not, after losing the

property which they possessed, to stake that which they did not

possess. Some persons, however, either favoured by fortune, or

possessing more prudence than their unfortunate companions,

contrived to retain the property they had gained, and by applying

it to traffic are now in a state of affluence of which few

persons can form an accurate conception.

The 9th item of expense is to be found in the provisions and

spirits issued to parties on command; a custom which has been

esteemed proper and necessary in cases where such parties have

been employed in particular services for the public benefit, and

in no other cases have they been issued during the

administrations of governors Phillip and Hunter. These services

were of various descriptions, parties being frequently detached

in pursuit of those who had absconded, either into the woods, or

had carried off boats, and endeavoured to escape over the ocean;

others were oftentimes employed in excursions into the interior,

to obtain a more perfect and comprehensive acquaintance with the

nature and productions of the country; others again were sent, at

times, to reconnoitre the herds of wild cattle, to remark their

progress, and see that no attempts were made to destroy such an

useful resource; the inspection of the various settlements also

occupied some detachments; small divisions were dispatched to

cruize and survey the coast; and the crews of colonial vessels,

which were engaged in going to and from the Hawkesbury, as well

as to the more distant settlements, were in the habit of

receiving these extra supplies, as they had no other means of

increasing their common allowance, when such augmentation was

necessary: Certain customary rations were also given to the

settlers while they were employed in making and repairing the

different roads which led to the settlements, and at which

periods they received allowances in proportion to the number of

days during which their services were required. It had also been

usual to give one pint of spirits weekly to each of the clerks

employed in the offices of the governor, secretary, commissary,

and judge advocate; a similar portion was also issued to the

constables of the crown and the overseers; and also to such

constables of districts as were chosen out of the inhabitants who

were not prisoners, and who, with their families, were victualled

from the public stores; but some of these have been subsequently

done away with, being considered by Governor King as a

superfluous addition to the already excessive expenses of the

colony. There are also many other occasional duties, the persons

employed in which would be entitled to the extra allowances, from

a sense of their indispensable necessity, since it is

sufficiently evident that men who are called upon and expected to

perform services of more than common exertion, must receive

additional means of increasing their physical strength, and of

enabling them to execute the task assigned to them.

A 10th cause of loss to the crown, and of the expenses of the

colony, resulted from the abuses formerly practised in the

medical department of the colony; amongst which it was customary

to screen the convalescent labourers in the Hospital, and to

employ them for individual benefit, so that the patients were

thus kept under the hands of medical men longer than was

requisite for the establishment of their health: An imposition of

this nature called for immediate steps on the part of the

governor, but unfortunately his excellency Governor Hunter did

not receive information of this iniquitous practice until he had

delivered up his executive power and was embarked, or otherwise

he expressed his determination to have put a stop to the

disgraceful proceeding; it has, however, subsequently been done

away with. At one time, it was ascertained, there were forty or

fifty convicts who were thus kept in the Hospital, and were

employed by a medical man in the furtherance of his private

interests, and such other occupations as he marked out for them,

to the loss of eleven pounds five shillings a day to the crown.

Such a circumstance as this, from a quarter so totally

unexpected, afforded an additional proof of the general

disposition which prevailed amongst almost every class of society

to push their individual interests, to the detriment of the

public service; and, instead of giving their full assistance to

promote the prosperity of the colony, to retard its progress, and

make its necessities the source of their profit.

The 11th cause of loss to the crown, and of the expenses of

the colony, arises from the dependent settlements within the

limits of that territory; and although the governments at the

River Derwent and Port Dalrymple are allowed to draw separate

Treasury bills for their internal expenses, yet, the great

quantity of wheat, maize, salt provisions, slop clothing, and

other stores, it is absolutely necessary to send from the

principal seat of government to those places, added to the

conveyance and other unavoidable charges, enhances the expenses

at Sydney to an amount that no person would believe but such as

have had an opportunity of being an eye-witness to the mode in

which such immense sums are disposed of, or upon strictly

investigating the voluminous official documents which are

transmitted from that colony. As the accounts of the expense of

the settlement at Newcastle are wholly included in those at Port

Jackson, I shall forbear to make any regular estimate thereupon;

but it must be evident, that where the subsistence of such

distant places chiefly depend upon a settlement but a short time

colonized, the expenses must be very considerable, and the

supplies must be given out and used with the greatest caution, to

prevent the necessity of applying to a market where their charges

are generally exorbitant, and in most cases optional.

The last source of expense to the government which I shall

mention, and which, although now also done away, has been the

means of an astonishing increase in the expenditure of the

colony. From the fertility of its soil, Norfolk Island was for

some time considered a great acquisition to the principal

settlement; but subsequent experience has proved the futility of

this idea, since the price of grain, instead of lowering in

proportion to the additional trouble bestowed on the cultivation

of the soil, remained the same just before its evacuation as it

had been eight years before. As a place for raising swine this

island, indeed, might have proved of much utility, if the

establishment there had been almost entirely reduced, and the

attention of the colony had been confined to this subject, and to

the curing of pork for the consumption of all the other

settlements; but as this method was not adopted, it proved, from

the time of its establishment, a continual check upon the

prosperity of the principal colony, draining those resources

which ought to have been applied to different purposes, where the

hope and probability of some recompense, adequate to the expense,

might have been more sanguine, and less unlikely. Norfolk Island,

so far from returning any proportionate recompense for those

supplies, had not, in the course of thirteen years, sent to New

South Wales property of any description exceeding in value

2000L.; during which period all the expenses of that

island were included in the general account of the whole country

with the Lords Commissioners of his Majesty's Treasury. So far

from being in itself a flourishing colony. Governor Hunter, who

called there in his way to England in 1800, found that the whole

of the public, and numbers of private erections, were in a most

miserable condition; and his excellency declared that he had

scarcely seen a negro town in the West Indies with half such a

wretched appearance. The grain here and there displayed a

promising appearance, and swine were in some considerable

numbers; but the coast was dangerous, Governor Hunter being

himself once wrecked upon it in the Sirius, and nearly lost with

all his ship's crew; and this circumstance is calculated to deter

vessels from touching at the island in quest of wood and water,

which are both plentiful, but which may be procured in equal

abundance in any of the other islands of the Pacific ocean where

there are fewer rocks and breakers to contend with, and where the

acquiescence of the natives might easily be purchased. In

addition to the above obstacles and inauspicious appearances,

vessels at this place have no anchorage, but are obliged always

to keep under sail; and I have known them to be blown off the

island for several weeks together, with very little provision on

board, whilst a part of the crew have been on shore; and by those

means not only a considerable loss has accrued to the merchants

or owners, but the lives of a number of fellow-creatures have

been exposed to the most imminent danger.

To the existence of these, with other subsequent causes, it

may be attributed that the colony of New South Wales has not made

a more rapid progress towards independence, but has so long hung,

as it were, upon the breast, and derived its sole nourishment

from the food, of the mother country. To raise the settlement

from this state of dependence; to expunge from its early page

that stain which must be affixed to it by remoter ages; to

stimulate its growth, and impel it along the path which leads to

greatness, must be the object, the desire, and the hope, of every

one who feels an interest in its prosperity; and if a long

residence in the colony, a full consciousness of its capacity,

and an unshaken affection for the country, can entitle any one to

a rank amongst the friends of this infant empire, I flatter

myself that my claim must be allowed; and I shall therefore

proceed to suggest those further ideas of improvement which are

founded in a thorough knowledge of the subject from

experience.

To facilitate the rise of New South Wales to a state of

consequence and independence, its interests must be entrusted to

a governor who has no private or mercenary views, and will seek

after nothing but the welfare of the colony; who will thoroughly

support the trust and honour reposed in him, as the

representative of our most gracious Sovereign; who will not

treat, nor suffer others to treat, the officers serving under him

with indignity; who will not study the rapid rise of one man, and

the sudden downfal of another, but will administer, and cause

justice to be administered impartially to all descriptions of

persons, and only shew his favour to those whose conduct is such

as to merit his distinguished notice. Under such a man, the

industrious settlers should receive the most liberal

encouragement to induce them to pay every attention to the

cultivation of their lands and to the rearing of stock; and I am

of opinion, that when the price of grain has been reduced under

ten shillings per bushel for wheat, five shillings for maize and

barley, and four shillings and sixpence for oats, the grower has

very frequently been a loser, without admitting that in the

course of the season there had been any flood, blight, insect, or

rust, to injure the growing crops. I speak this from the general

knowledge I have of the country, having taken every settler's and

other muster there for a number of years, and from the concurrent

opinions of several of the first and most independent farmers

throughout the settlement; nor can any man who is acquainted with

the exorbitant wages demanded by every class of labourers, who

are not prisoners assigned by the crown to their employers, in

that part of the world, and the great difficulties attending the

various occupations he has to encounter before his grain can be

brought to the market, judge otherwise. The government stores

should also be open at all times to receive the grain, which

would not only enable the commissary to send the requisite

supplies to the dependent settlements, but would also afford a

powerful security against the fatal and frequent losses which are

occasioned by the floods, so destructive to property of every

description, but more particularly to the grain; and it would

also set aside the necessity of issuing short allowance to those

prisoners who are necessarily supported by the crown, by which

means government labour is sometimes retarded, in consequence of

the reduction of the hours of work in proportion to the

diminution in the weekly ration.

If government were also to decline farming, it would excite a

greater degree of perseverance in the settlers, and would, in my

opinion, eventually disburden the crown of a very considerable

expense, as those employed in agriculture, on the government

account, are generally that description of persons who only care

how little they work, and are equally as indifferent as to the

manner in which their labour is performed; besides which, very

few of these individuals are at all acquainted with the art of

husbandry, particularly that system which ought to be adopted in

a colony, the climate, soil, and produce of which, are so

essentially different to those of the mother country; and those

few, as soon as they have attained a knowledge of the regular

method necessary there to be pursued, are generally taken away by

some cause or other, or claim their freedom, from the original

term of their transportation being expired, so that little better

than a succession of new hands have to perform a task of which

the chief part are totally ignorant.

By the opening of the stores, and the prevention of the losses

before mentioned, the Southseamen, and other vessels touching at

Port Jackson, might at all times receive ample supplies of such

refreshments as they stood in need of, in exchange for articles

more serviceable to the inhabitants than any recompense of a

pecuniary nature; and, indeed, absolutely necessary to the

comfort and prosperity of the colony. In case of a war in these

seas, or in any part of India, this settlement would prove a very

desirable _depot_, and place of rendezvous. Soldiers and

seamen would at all times be healthy, without great fatigue, free

from scorbutic complaints so prevalent after a long voyage, and

would not suffer from a change of climate, which too frequently

brings on dysentery, or other fatal diseases; these circumstances

would naturally render them more fit to enter a field of battle,

and better qualified, in every respect, to endure the wearisome

fatigues and dangers of war.

Several ships which have touched at the settlement under the

pressure of necessity, have been denied the requisitions which

they have made for bread and other provisions; and, although the

local circumstances of the colony rendered that denial absolutely

necessary, yet, had the settler been guaranteed by any means

against loss, or could he have received any sufficient security

for his grain, every ship which had been in need, as well as

every one touching there in future, would have been, and might

be, amply provided for. The influx of American vessels, and ships

from the East Indies, has recently suffered a very considerable

diminution; the former, at one period, nearly supplied the colony

with articles of almost every description, at very reasonable

prices, but, from some cause or other, vessels from the United

States seldom now arrive at the settlement with merchandize for

sale; the Indian vessels have also ceased to arrive in the same

numbers as formerly, and the supplies have consequently fallen

off materially, which naturally injures all descriptions of

persons, not only by preventing an immediate intercourse between

those countries, but also by lessening very considerably the

consumption of stock, grain, etc. so that the settler, in

planting his land, has now no other views than to raise a

sufficiency of grain for the consumption of his own family, and

the liquidation of his debts. He has no longer a stimulus to

labour; he calculates that the time and toil are wasted which are

spent in raising an article for which he has no vent; his

industrious disposition is consequently cramped; his present

exertions are without hope of reward; and his prospects are

divested of the supporting promise of future comfort or

competence. Such a system as this evidently and rapidly tends to

ruin; these symptoms are the obvious marks of a diseased economy;

and, if decay appears in the present unripe state of the country,

with what propriety--with what hope--on what grounds, can the

mind calculate upon future prosperity?

The vessels of neutral powers ought to be encouraged, in my

opinion, to trade to the settlement; they would serve the colony,

by giving encouragement to the settlers; there would once again

be a beneficial competition; there would be a channel for the

carrying off the surplus produce of the country, and industry

might again look forward with joyous expectation to the harvest

of its toil. These vessels might be laden back with spermaceti or

other oils, seal skins, coals, ship-timber, fustic, or any other

articles the produce of the settlements and the Southern Seas;

and thus a traffic might be established and carried on with

reciprocal benefit, and the independence of New South Wales must

be greatly aided in consequence of these beneficial

regulations.

It may perhaps be argued, that the indiscriminate admission of

the trade of neutral vessels might tend to injure the British

ships trading to this colony; but such a consequence, I think,

may easily be averted, since the governor has power to prevent

those ships from selling any such articles as he may deem it

expedient to prohibit; and no injury could consequently be

sustained, while it would hold out the necessity of selling the

European goods at a reasonable rate, or the wants of the colony

might be supplied from another market. The arrival of neutral

ships with merchandize would also tend to prevent the too

frequent monopolies which take place in this quarter, of the

nature of which and their mischievous effects upon the general

prosperity of the colony, I have spoken in a former part of this

chapter; and I feel a great regret that circumstances at this

moment prevent me from enlarging upon so destructive a subject,

and exposing the very root of so pernicious an evil, which has

latterly been fostered by those whom nothing more than suspicion

could ever have attached to, but by recent events; and I am

anxious that a full exposition of the plans which had been

adopted to facilitate the rapid rise of a mercenary and powerful

few, to the serious injury and almost inevitable downfal of the

country, will be held up to the public view of every impartial

man; by which means the grand promoters of so nefarious a

practice will bring upon their own heads that disgrace,

dishonour, and infamy, which their vile projects had formed for

others to bear the burthen of. It has been truly said, that by

means of those ships a great quantity of spirits have been

introduced into the settlement of Port Jackson, and on this plea

the prohibition of their sales, it is said, has taken place, but

which I do not strictly believe: However, the landing of those

noxious cargoes might easily be prevented; or they might be

suffered to be brought on shore, and lodged in one of his

majesty's store-houses, under a bond, so that, whenever the

vessel was about to sail from the port, she might receive it

again, having some trusty and vigilant person placed on board, to

see that no smuggling transactions were carried on, and where he

should be ordered to remain until the ship quits the Heads. By

these means, which would be no expense to the crown, the dry

goods, etc. which had been brought to the market, might be

readily disposed of, without any risk being incurred of the

introduction of too much of that maddening liquor, generally

brought by these vessels, to be distributed amongst the

inhabitants of the colony.

It must be obvious to every man of reason, that the early days

of a colony require as much attention and assistance as human

infancy, and that a course of improper and unskilful treatment at

the outset must undoubtedly lay the foundation of future

imbecility and ultimate destruction. Much evil has already been

done in the settlement, but it is not yet too late to apply the

remedy; the malady which threatens the existence of the colony

has not yet attained to an incurable height, and if the proper

measures are adopted, prosperity and happiness may yet be seen,

where adversity and apprehension are at present discovered; and

the seeds of a new and powerful nation may not be doomed to

perish, before they have scarcely broken the ground which was

intended for the scene of their growth and expansion. I shall,

however, without farther digression, endeavour to point out other

means of improving the settlement than such as relate to its

agriculture.

The establishment of a post-office for the receipt of all

letters and parcels for private individuals, and for the dispatch

of those which are transmitted from the colony, would be

productive of essential service to the general interests, and

could be entrusted to some person of respectability, whose

remuneration might arise from a certain tax or postage: Such an

institution would prevent a number of letters from being lost,

delivered to wrong persons, or illegally obtained by such for the

purpose of sending to the friends of the person for whom they

were intended, with a view to obtain money or other property. It

has frequently occurred that boxes, etc. have been gained

under false pretensions, from on board ships which had arrived in

the port, and the contents of which have been worth a very

considerable value: The persons guilty of this crime, by some

means obtain the information as to the packages which are on

board, and then personate, or cause some of their connexions to

personate, those to whom the packages are addressed, on which

they obtain the property by only signing a receipt to the officer

on board. An office of this description would effectually prevent

the recurrence of such fraudulent practices, and would give a

security for the regular delivery or transmission, as well as the

security, of the letters, etc. which were entrusted to its

care. An oath might be administered to the superintendent.

The unfit clothing sent out for the convicts has been a

subject of sincere complaint, as being dispatched without any

regard to quality or comfort. I am therefore of opinion, that it

would be highly expedient to send out a considerable portion of

wearing apparel unmade, so that there would be an absolute saving

of the cost of making; for the wearers would feel much greater

satisfaction from being allowed to receive it in the piece, that

they might suit it to their respective wants, as well as consult

their own comforts: Those who might have less leisure than their

fellow-prisoners, could have their clothing made by the tailors

of the different settlements, while the others would be happy to

make their own. If this plan were to be carried into execution,

it might be necessary to find a person properly qualified to take

the superintendence of this mechanical department; and such an

one might readily be found in the mother country, whose

disposition, owing to adverse circumstances, might lead him to

accept this situation in the colony; thus a proper quantity of

work would be completed, and economy would be much promoted.

The indiscriminate distribution of the clothing sent over is

also another evil which requires a remedy, and this might easily

be provided, by supplying the prisoners only with such articles

as were necessary to them; since those who had received

superfluous garments have been in the habit of resorting with

them to gaming, or sell them, being unable to apply them to any

purpose of wear, as their scanty make will not allow of a change;

this, however, would not be the case if the clothing was given to

them unmade, since every man would find himself enabled to turn

it to some beneficial purpose. The clothing has materially fallen

off, in point of quality and suitableness for the climate, of

late years; but the evil complained of would, in my opinion,

cease to exist, if articles similar to those originally

distributed in the time of Governor Phillip (of which I have seen

several suits) were now to be issued annually. Many of the

females indeed are the slaves of vanity and pride, and being in

the custom of cohabiting with persons in affluent circumstances,

never appear in the dress originally given them by the crown;

from such as these the issue is now withheld, and they are struck

off the victualling list. The consequence of these regulations

would be the obtainment of more comfortable clothing to the

convicts, and a considerable diminution in the sick list, which

has been filled as much from this as from any other cause; and a

degree of content and carefulness would be instilled into the

minds of the prisoners, in lieu of the negligence, slovenliness,

and discontent, which have recently prevailed amongst them on

that account.

A very considerable saving in the expenses of the colony would

be effected by the consolidation of the two offices of Ship-owner

and Contractor into one, and the undertaking to land all stores

which are liable to injury in the colony, in a perfect state, at

his own risk; for it is a notorious fact, as I have often had

occasion to observe in an official capacity, that vast quantities

of clothing, stores, and provisions, are landed out of every

vessel which arrives in the port, in such a damaged state as to

be actually unserviceable; the necessary consequence of which

very often is, the total loss of the articles to government; nor

has it unfrequently happened, that boxes containing stores have

been broke open on the passage, and articles of various

descriptions thereby have been purloined to a very great amount.

It cannot be doubted that there are many ship-owners who would

not scruple to enter into an engagement of the kind to which I

have alluded, by sending out his own vessels, and might undertake

to convey the stores safely at a very reduced expense. The saving

which would thus be effected is surely sufficient to justify the

experiment, since the security of the articles, which are in

general the most damaged, might be easily guarded by the adoption

of a few measures of prudent precaution, and by a careful

attention during the voyage. A considerable advantage might also

accrue to the merchant from employing his vessels in the Southern

Whale-fishery, and a strong probability would exist of his

procuring freights from India for his ships, on account of the

East India Company: The adoption of this plan seems to be

practicable, and there cannot be a reasonable doubt entertained

of its superiority over every other in point of economy.

A commissioner or agent might be appointed for the purposes of

inspecting the stores and various articles sent to New South

Wales, whose duty it would be to see the articles shipped

correctly, and thus to prevent those omissions which are daily in

the habit of occurring, and which are of more consequence than

may, at first glance, be imagined. This person might also be

beneficially employed in comparing the stores shipped with the

receipts of the masters, so as to preclude all possibility of

practices which are inconsistent with the welfare of the

government, but which are too common, and can only be prevented

by the adoption of such a measure as the one which I now propose.

Whenever the governor of the colony should send over a

requisition, this agent ought immediately to be furnished with an

extract from his excellency's correspondence, so that by these

means the requisition would not be liable to neglect, and much

trouble would be spared to the Public Office, whose province it

had previously been to attend to this department. The reduction

of expense which would result from this appointment would be much

more than adequate to the increased expense incurred by the

appointment and remuneration of a gentleman of probity and

respectability to this office.

The method of conveying convicts from England is so very

inhuman, that some better and more benevolent measure ought to be

adopted. The lives of these unfortunate victims of depravity

ought surely to be regarded with as much care as those of any

other class of his Majesty's subjects; the contrary of this has,

however, been too frequently the case, and some of the masters of

the transports who have been entrusted with these captives, have

treated them with such uniform rigour that numbers have perished

through the intensity of their sufferings. This want of care is

to be attributed to the former custom of contracting for the

transport of the convicts at so much per head, so that the master

has no interest in the preservation of those entrusted to his

care. This evil, too, might also be remedied by the contract

being made only for the number which might be landed in New South

Wales, and by which means the owner of the transport would study

to preserve the life of each individual with the most studious

attention, since the loss of a single life would be a diminution

of his profit, and there could no longer be a danger of the

unhappy prisoners being suffered to perish from any negligence or

severity. In addition to this, the surgeon and the master might

receive a reward for each person whom they delivered in good

order, if their humanity was such as to require a pecuniary

stimulus. I believe this has been tried in some instances, at

least report has so stated, and, if so, there must have been

sufficient evidence gained of the superiority of the method over

that which was formerly adopted. It might not be a bad plan to

try if some of the superfluous frigates in the service might not

be converted into good transports; for there could be no doubt

that, in vessels of this description, the accommodations which

might be afforded to the convicts would much exceed those of the

common transport ships, and the prisoners would of course be

sooner fit for duty, and less liable to the attacks of disease.

Out of several ships that have arrived, not two-thirds of the

number of convicts originally put on board have reached their

place of destination; and this mortality, it is feared, must have

been occasioned by the embezzlement of the provisions and stores

which were intended for the use of the captives. It is also much

to be feared that an undue degree of severity has oftentimes been

exercised towards the convicts, under the pretence of some

attempts to mutiny and effect their escape, and such methods of

throwing censure upon the innocent, to excuse wantonness and

cruelty, cannot be too severely reprehended, if reprehension be

all that can be inflicted upon the perpetrators of such

diabolical deeds. The treatment has been directly reverse where a

King's officer has been placed on board the transport, who

evinced an unshaken resolution to perform his duty. The convicts

which came out on board the Royal Admiral, Captain Bond, met with

a treatment, and arrived in a condition, which reflected the

highest honour on the humanity and prudence of her esteemed

commander, and might be properly held forth as a model and an

example to the masters of all transports who may in future be

employed in the service. Every attention was paid to their

cleanliness in particular, care was taken to provide them with

the most wholesome provisions, and their messes were so varied as

to prevent any dislike arising from repetitions with too much

frequency; on the slightest appearance of indisposition, some

nourishing broths, wine, etc. were constantly ordered; twice a

day they were mustered on deck, and the ship was completely

fumigated: The whole arrived in the most excellent health and

spirits imaginable. If every master had displayed a similar good

conduct, there would have been no ground for the present

complaint, nor any room for the remedy which I suggest in the

preceding part of this article.

A number of gentlemen, of small fortunes, might be appointed,

whose characters will bear the strictest investigation, and whose

talents are adequate to the task, to go over to the colony as

justices of the peace, in order that the general welfare and

individual security of the colony should be promoted. To these

persons many indulgences might be granted, and a respectable

salary ought to be attached to the office, so as to enable them

to support that degree of respectability and dignity which their

situation requires; so as to make their interest totally

unconnected with those pursuits which have led so many to

sacrifice their principles, and to neglect their duty, for the

sake of pursuing the search after independence. The

incorruptibility which ought to characterise the conduct of a

magistrate should be so fortified by every prudent precaution,

that it may at no time, however remote, be in danger of

agitation; nor would it be prudent, in another point of view, to

permit these gentlemen to mingle in occupations which must have

an evident tendency to distract their attention from those

arduous tasks which they would be called upon to fulfil, in a

country where criminals must naturally abound. Numbers of persons

are doubtless to be found in Great Britain who would gladly

accept these appointments, whose educations have taught them to

look above situations to which unforeseen and unavoidable

calamity may have reduced them; men who have preserved their

principles and integrity unshaken by the attacks of adversity,

and who, consequently, must be eminently qualified to fill such

offices as those which I have here suggested. The example which

these persons would hold out to the rest of the settlement, could

not fail of producing very beneficial effects upon the moral

conduct of those who copy the models of their superiors; and

would also be of service in assisting to create a society of

power and independence, which might operate as a check upon the

influence of all other descriptions of persons.

As instances of the irregularities that have been practised by

some of those in magisterial capacities, I need repeat none

others than that I have known men without trial to be sentenced

to transportation, by a single magistrate at his own barrack; and

free men, after having been acquitted by a court of criminal

judicature, to be banished to one or other of the dependent

settlements: And I have heard a magistrate tell a prisoner who

was then being examined for a capital offence, and had some

things found upon him which were supposed to have been stolen,

and for which he would not account, that, were he not going to be

hanged so soon, he (the magistrate) would be d----d if he would

not make him say from whence he got them. Nor do I believe it

less true, that records of an examination, wherein a respectable

young man was innocently engaged, have been destroyed by that

same magistrate before whom the depositions were taken. These and

numerous other cases which I could enumerate, cannot admit of a

doubt but that such a regulation must tend greatly to the

preservation of the liberty of the subject, the property of all

classes of the inhabitants, and the general interest and security

of the colony at large.

I should also strongly advise, that nine or ten of the

principal officers of government should be authorized to act in

the capacity of council, to whom the governor could resort, in

all periods of difficulty and delicacy, for advice how to shape

his conduct, by which means he would not, in any future instance,

be left wholly dependent upon his own judgment. The good effects

of this arrangement must soon be evident, since the issuing of an

order of council could not fail to carry with it much additional

weight to that which would be attached to an act of the governor

alone, and would tend to the speedy suppression of any appearance

of insubordination, and discourage those who should incline so to

act as to originate a spirit of dissatisfaction in the

settlement. To a want of this council, it may not be too much to

attribute the present unsettled state of the colony, and the

maturation of a faction which has perverted the streams of

justice, and which has impeded the growth of opulence throughout

the settlement, merely to enrich a select party at the expense of

the general welfare, and consequently to spread vice and ruin

through a land, whose prosperity has never become their care,

although it was a solemn pledge of their leaders to support and

cherish it to the very utmost of their ability.

In addition to this council composed of the chief officers of

the government, I consider it essentially requisite that a

barrister should be appointed as a counsellor to the governor, at

all times when his excellency is referred to in matter of

doubtful disputation, which must oftentimes occur in the colony,

and which frequently reduces him to an unpleasant dilemma. Aided

by a legal adviser, however, his judgment must be strengthened,

and his decision would be more weighty, without creating in his

breast those uneasy sensations which must arise under different

circumstances. In the present conformation of the government, the

governor has no legal adviser to have recourse to when an appeal

is made to his decision, which is not rarely the case, except the

judge advocate, and this officer having previously given his

opinion in the court below cannot, of course, be again consulted

on the same subject. In consequence of this default of advice,

the governor must give his own opinion, which may or may not be

in conformity with the laws of the mother country, just as it may

happen, and according to the knowledge he may possess of the

principles and practice of jurisprudence, which is seldom very

deep in persons whose inclinations are so opposite to this kind

of study as the officers of the navy and army, from whom the

governors of the colony have hitherto been selected. This

counsellor could be selected from those who might be induced to

listen to such a proposal, as may place before them a certain

liberal competence, with the opportunity of rising to

independence in a sphere where the number of competitors would be

so low as to render final success less precarious. It is needless

to expatiate more amply upon the benefits which must accrue from

an appointment of this nature, which would impose but a trifling

additional burden on the crown, since it is extremely possible

that a barrister might be obtained for the salary of 150L.

per annum, which, together with the victualling of himself and

his family and servants from the public stores, and residence in

the colony rent-free, added to the other customary indulgences

given to persons from whose services utility is expected to be

derived, would not make his situation worth less than

500L. per annum, a temptation which must possess some

weight in the minds of those who meet with inadequate

encouragement in England.

The legislative code of the colony requires a careful

revision, since the numerous residents who have arrived in the

settlement, and their increasing respectability and opulence,

render such a measure necessary. That system which would suit the

original establishment, composed only of two classes, the

officers of government and the convicts, will scarcely be

expected to adapt itself to the wants and wishes of a community

advanced in civilization: In the former case, the principal

object was to punish delinquency; in the latter, to secure

property, and insure the safety of that wealth which now began to

shew itself in the multiplication of luxuries, and the

augmentation of individual splendour. The present system is so

liable to abuse, and has given just occasion for so many

complaints on the part of those traders who visit the colony in

great numbers, as well as of the more respectable classes of the

inhabitants themselves, that it is become highly expedient to

substitute in its place one which shall be incorruptible, and

which, from its own importance, may command a greater degree of

respect. At the head of this court ought to be placed a chief

justice, who, by the respectability of his salary, should be

effectually placed above the reach of every motive of an improper

or injurious nature; and in order to lighten this expense to the

crown, certain court fees might be established which would

materially assist to swell the amount of the remuneration which

ought to be attached to this high office, so as to render it

worthy the notice of men who are fitted, by habit and education,

to execute its duties in a correct and honourable manner. The

rent of the residence appointed to this gentleman ought to be

taken from his shoulders, and the public stores should find

provisions for himself, his family, and his servants, together

with fuel and candles; the wages of a limited number of domestics

might also be paid by government; and thus he would be exonerated

from so many burthens of a pecuniary nature, that a salary which

might at the first glance seem inadequate to the trust reposed,

would, on considering every circumstance, appear less

exceptionable, and more equal to the dignity which would

externally be attached to the office. It is almost superfluous to

mention, that the utmost care should be taken in the choice of a

proper person to fill this situation, since his character, his

conduct, and his general habits, ought to be such as to render

him like Caesar's wife--"not only free from suspicion, but

free from the suspicion of being suspected." With a person

of this description to superintend the court of judicature, there

could no longer exist causes to fear the introduction of party

motives and malicious prejudices, to contaminate the stream of

justice; a strict impartiality would direct every decision, and

those who were doomed to meet with disappointment in their views,

while they writhed under its decision, would not be able to

impeach its integrity. If it were found necessary to adopt any

further measures to preserve their honour unsullied, the

rendering their situations limited might probably produce a good

effect; and a pension might be allowed to them on their return to

England, if they were able to produce certificates from the

governors and lieutenant-governors who had held command in the

colony during their residence, attesting the incorruptibility of

their conduct, and the zeal which they had displayed in the due

execution of their duty. A farm might also be allowed to the

individual placed in this important office, if it were thought

expedient, under certain restrictions which should prevent him

from abstracting his attention from his official duties, at

periods when his professional avocations might require his

presence in the service of the public. A salary of 500L.

per annum, with the addition of these indulgencies, would be

equal to 1200L. a year.

An alteration in the judicial code appears also to be

necessary, or at least highly expedient. In the criminal court,

the judge advocate and six naval and military officers are at

present empowered to decide and try delinquents; and although I

believe that their opinions on verdicts have latterly been almost

unanimous, yet I cannot but call to recollection a period when,

painful to relate, the naval and the military were too

frequently, if not generally, opposite in their determinations:

Nor is this the least part of the evil; for evidence is on record

of persons having been bribed, or controlled, by one or more of

the members of the court then sitting in judgment, to accuse

their industrious neighbour, upon oath, of crimes which he had

never committed, in order to lay a ground for the ruin of the

unfortunate individual, merely because his industry and

prosperity in trade were objects of envy. If such a system is not

suppressed, it is not possible for the human mind to calculate

upon the termination of the mischiefs which may ensue from it; it

is not possible for humanity to look upon the probable

consequences, without emotions of horror and dismay. To prevent,

therefore, the recurrence of any circumstance so flagrant and

unjust, it is absolutely necessary to take some measures to

render the criminal and civil courts free from every kind of

prejudice; for what argument can justify the committal of the

existence or the fortunes of individuals, to the mercy or the

caprice of men who are blinded by prejudice.--Prejudice and party

must be fatal to the progress of justice; and as the preceding

remarks are nothing more than the details of facts which are

notorious to every individual who has lived long in the colony,

there is no occasion for my saying much in addition, to prove

that a necessity does exist for some change in the judicial code

of the settlement; and it is much to be wished and desired, that

by that change the power may be vested in honest and

incorruptible hands, which may be held out equally to punish the

guilty, and to protect the oppressed; to curb the insolence of

pride, and foster humble merit; and, finally, to render New South

Wales an exact copy from that fine picture of freedom and justice

which is represented in the mother country.

That the trial by jury should be introduced into the colony,

has long been a _desideratum_ amongst the best-informed

inhabitants of the colony; since its effects could not be

otherwise than beneficial where such universal iniquity prevails,

and where even in the courts of law many enter with impure

motives and unclean hands; since the greater part of the

community are more or less implicated in the notorious and

impoverishing impositions which are continually practised amongst

all classes. When I say that this blessing has been desired by

the _well-informed_, I must also be understood to mean the

_well-intentioned_ only; for its establishment in the

settlement would unavoidably prove fatal to that ruinous traffic,

from which several of the superior classes have derived their

opulence and consequence, and it is not therefore to be expected,

that such as these would wish to behold the approach of that

scourge which would remove from them the power of extending

universal evil for the promotion of their individual good. By

these persons the admission of the trial by jury is sincerely and

ardently deprecated, while it is wished for with equal fervency

by others, and particularly those oppressed inhabitants, whose

miseries and necessities have been the means of increasing the

wealth, and hardening the feelings of those who have so long

pursued the destructive system of monopoly. It would not have

been practicable to introduce the trial by jury at the

commencement of the settlement, since there were none but

convicts, and a few free persons who were paid and supported by

the crown; but the case is now materially altered, and the great

influx of free, independent, and respectable inhabitants, which

the later years of the colony have witnessed, not only render

such a measure practicable and prudent, but loudly call for it as

a step rendered indispensable to the welfare of the community.

Numbers have also served their terms of transportation, or have

been made objects of royal bounty on account of their signal good

conduct, and have thus swelled the numbers of free residents; so

that there could be no difficulty in making out a list of jurors,

sufficient for every purpose, even if the assizes were ordered to

be held monthly, which is a more frequent occurrence than in the

mother country. Objections may be started to the propriety of

receiving those, who have been convicted and have suffered the

sentence of the law, as jurors; but if this description of

persons are worthy to be received as evidence at all in a court

of justice, and there are instances sufficient on record to prove

this to have been the case; and where this evidence of persons so

objected to and proscribed, has been the sole means of the

conviction to death of the accused, surely it could afford no

room for cavil that a jury should in part be composed of persons,

whose conduct during the term of their punishment has been such

as to give general satisfaction, and who have proved by their

conduct that they have reformed their dispositions, corrected

their principles, and are likely to become useful, and

consequently valuable, members of society; and none others should

be admitted on the list. Besides, even allowing this objection to

have some weight, will reason and policy justify the carrying of

this principle to such a length, as to exclude from this

privilege those free settlers who have been guilty of no crime,

and have suffered no punishment? Shall these, in return for their

voluntary exile from their native land to promote the interest of

the colony, lose the benefit of this inestimable distinction,

which operates as a security to the freedom of Englishmen, and

renders it so far superior to the boasted independence of any

other nation in the world? If it were thought inexpedient to

admit twelve jurors, in consequence of the limited population of

the settlement, eight might be allowed in the first instance, and

the rest could be added when circumstances would permit; so that

the principle of the system would be established, and these could

be instructed in the laws of the land from the bench. In each of

the settlements there are a great many persons competent to fill

the office of jurors, and it is to be hoped that no long interval

will be suffered to elapse without the colony being permitted to

participate in those inestimable privileges which render the

mother country the envy of the world.

The admission of the bankrupt laws into the colony would tend

still more to the perfecting of the system of jurisprudence, and

appears to be a very desirable object of solicitude. For want of

some legal system of this kind, many families have been reduced

to the lowest extremes of misery and want, the heads being

immured in prison, without the ability to liquidate the claims of

their unfeeling creditors, or to provide support for their

perishing families. The necessary consequence was, the

individuals fell to the charge of the government, since they must

not be suffered to starve. The obduracy of the creditors may be

assigned as the sole cause of this wretchedness; for although, in

such circumstances, the unfortunate debtor had been willing to

relinquish all his possessions; to surrender his land, his

cattle, his stock, and every thing else of which he could boast

of the possession; nothing short of payment in money could

satisfy; and the ill-fated was doomed to experience the

accumulated horrors of personal suffering, in addition to that

which must arise from the idea that his sorrows extended

themselves, with equal or superior bitterness, to those who were

dear to him. Such occurrences as these have tended to multiply

considerably the expenses of government, who have frequently

found it necessary to extend their assistance to the whole of the

unfortunate debtor's family, to preserve them from actual

destruction; and who could not, by any authority which was vested

in them, compel the hard-hearted and inhuman creditor to accede

to the only proposal which it was in the ability of the prisoner

to offer. The introduction of the bankrupt laws could not fail to

afford an effectual relief to persons reduced to this unfortunate

condition, and must be productive of much future benefit, in

consequence of the continual augmentation of the trade of the

settlement, and the increasing numbers of the dealers;

circumstances of themselves which must carry to every rational

mind the strong necessity which exists for the adoption and

introduction of some legal code, assimilated as much as possible

to the bankrupt laws of the mother country, if it should be

considered imprudent to copy precisely after this exquisite

model.

The encouragement of a few barristers to go over to the

settlement, who have not met with success adequate to their

wishes in the mother country, but who are, notwithstanding,

persons of unimpeached moral character (for nothing could be more

impolitic in any case than to import persons of doubtful

characters into a colony of this description), and whose legal

knowledge would be amply sufficient for every purpose in New

South Wales; such an importation would be attended with very

great advantages to the inhabitants. For the want of such persons

has, in numerous instances, been very severely felt by those who

have had occasion to come into the courts of law. Many instances

have occurred, within my observation, where the persons accused

might, by the assistance of a counsel who possessed the ability

to penetrate the motives and intentions of the prosecutor, have

escaped the punishment which he has been compelled to endure.

Evidence is frequently mis-stated and misrepresented in the

courts, and this, owing to the great ignorance of numbers who are

brought forward as witnesses, is a circumstance of no rare

occurrence; the questions being taken down in writing, and, in

the attempt to give them some grammatical connection, ideas being

frequently perverted, and taken directly opposite to their

original meaning, without any intention whatever to enter into a

mis-statement. Now it must be sufficiently obvious that the

allowing of counsel would tend to do away this evil, since he

would himself be in the habit of taking notes of the evidence,

and would thus not only be able to detect any misrepresentation,

but would convey satisfaction to the mind of the prisoner

himself; and convince the spectators (who, by the bye, frequently

retire under very different impressions), that the accused has at

least been treated throughout with fairness. It cannot be

necessary to enter into reasoning to prove that this

mis-statement of evidence is an evil which calls for redress; and

I think the reader will concur with me in opinion, that no better

plan can be devised than the introduction of counsel into the

courts, who might keep a vigilant watch over the progress of the

trial, and not only insure the correct statement of the various

depositions, but be ready to take immediate advantage of any

circumstances which might arise of a favourable complexion to the

person accused, by which means many prisoners might be rescued

from the punishment which, from a want of legal aid, they have

been compelled to submit to. In the answers of witnesses, I have

myself heard of "No" being substituted for

"Yes;" and what guarantee can there be for the

obtainment of justice, where a possibility exists of the

occurrence of such mistakes--mistakes on which the existence of a

fellow-creature might hinge!

If then the criminal court needs so strongly the introduction

of counsel, the court of civil judicature is equally in want of

similar aid, where subjects of the most complicated nature are

frequently brought for decision, and where the difficulty of

deciding correctly is almost, if not totally, insuperable.

Considerable sums here depend upon the issue of a question, of

the nature of which no one present is qualified to judge; and an

appeal from the decision which ensues is frequently made to the

governor, who is thus left singly to decide what has caused so

much difficulty to a whole court!

The utility, nay the necessity, then, of a professional

assistant in these cases, must surely be evident to every one,

and without such aid it is not possible that justice can be

impartially administered. The ignorance of many suitors, even men

of great opulence and respectability, is so deplorable that they

cannot make you comprehend their own case, when called upon to

state their grievance; but the possibility of having their cause

pleaded by a counsellor would not only save the court itself a

serious loss of time and a considerable degree of perplexity, but

must surely lead to a more correct decision in cases of

difficulty. By these means the discontent which now universally

displays itself in the person who has lost the cause, would be

completely done away, and he could no longer attribute his defeat

to the partiality of the judges, when he should have experienced

the full benefit which he might derive from a communication with,

and the able aid of, a legal adviser. If two, three, or more

barristers, could be induced to depart for the colony merely as

private settlers, receiving from government a free passage;

victualling from the stores for themselves, families, and

servants; and every other indulgence which is usually granted to

settlers, there could be no doubt that they would soon find their

endeavours successful; and the allowance of government, with the

emoluments which they would derive from their practice, which

might safely be calculated at 200L. or 300L. per

annum; having a farm allowed them to cultivate, would render

their situations not only comfortable, but eminently respectable;

and their introduction would be attended with no extraordinary

expense to government, beyond what is generally allowed to

settlers in the colony. To encourage gentlemen of education and

ability to make this attempt, it might not be an improper

extension of liberality to allow them a free passage back to

England, if, upon a fair and sufficient trial, it should be

discovered that the speculation which induced them to embark for

the colony should not turn out productive enough to reward them

for their exertion, and to offer them that genteel support to

which they would be entitled, on account of the superiority of

their situation, and according with the habits of their former

life.

In the trial of civil causes, it had, until latterly, been the

custom of the court to insert in writing only the amount of the

debt sought to be recovered, the damages which have been awarded,

the names of the plaintiff and defendant, and the adjudication of

the court; but in the opinion of many persons of consequence and

respectability in the colony, it is absolutely requisite to cause

all the _viva voce_ evidence which is given in all civil

cases to be taken down in writing. The following reasons are

given for this alteration in the former custom, and their full

weight has been allowed to them whenever I have heard an opinion

given upon the subject. It occurs very frequently that appeals

are made from the decision of the civil court to the governor,

and, in consequence of the evidence which has been given before

the court not being taken down, the witness has an opportunity of

correcting, enlarging, or otherwise altering his depositions, so

as to make his own case appear in a very different point of view

to that which it bore in the former instance, and thus a

temptation is held out to perjury, which is too strong for the

weak morality of many in the colony to resist, and the current of

public justice may, by this method, be completely turned out of

its proper channel; and the decision of the civil court is at all

times liable to be disputed and reversed. No writ of court is

issued for less than ten pounds, so that the necessity of taking

down the evidence in a suit instituted for a sum beneath that

amount, does not appear to be so strikingly obvious; although an

appeal may be made to the governor from the civil court, for any

sum, even less than ten pounds; but this is not very often done,

although some instances have occurred in my recollection. Where

the sum sued for exceeds 300L. a court of appeal may be

demanded, and if the plaintiff is dissatisfied with the decision

of the governor, he has the right of appealing to the King in

council; and here the necessity of taking down the evidence

brought before the court becomes still more strong, since the

character of the court itself may be involved in the issue of the

legal decision. Suits to this amount are not now very rare, but

they may be expected to become much more frequent in the thriving

state of the colony.

The affixing a greater degree of respectability to the office

of chief constable at Sydney, and the attachment of a salary to

the situation from the crown, would be a desirable measure, since

on this officer depends, in a great measure, the peace, the

internal security, and good order of the colony; and it is

therefore worthy of consideration whether the trust, inferior in

importance to scarcely any in the settlement, ought not to be

reposed in a person of some respectability, and who, by the

receipt of an adequate remuneration, might be enabled to devote

his time and attention to the duties of his office. To this

situation so much responsibility is attached, and from it so much

good is expected, that the person who fills it ought to be

enabled to preserve a respectable appearance, and to embrace the

comforts of life, without being permitted to have recourse to

traffic or other pursuits which might contaminate his principles,

or render him less zealous in his exertions for the good order of

the colony. The benefit which must arise from the conscientious

discharge of the duties of this office is much more than can be

imagined at first sight; and the evils, on the other hand, which

flow from its mal-execution, are in an opposite extremely

baleful, and calculated more to promote excesses and tumults than

to repress them.

That prisoners who are transported for life are in general

indifferent to their future fate, and careless of their conduct,

is a fact well known to all persons who have resided in the

settlement; and it therefore becomes a naturally interesting

question, by what means these convicts may be brought to

discharge their duties with more readiness, and to follow a

course of life more fraught with happiness to themselves, and

more satisfactory to those who are placed near them. The best

method which suggests itself to me, is that of employing

prisoners for life on government labour for a limited time only,

at the expiration of which period they should be made free of the

country, and, in case their conduct had been such as to merit

approbation, should be allowed to become settlers, with the usual

indulgences, and thus have the means once again placed before

them of raising themselves to a respectable rank in society, in

that country to which they had been banished. Those, on the other

hand, who are found to be dissolute and abandoned characters when

their term of labour had expired, might be made free also; but,

instead of being allowed to become settlers and to receive

indulgences, they might be taken off the stores, and be compelled

to labour for their daily bread. Such an amelioration of the

punishment of those unhappy delinquents who have incurred this

heavy vengeance of the laws of their country, would induce

numbers to look forward into futurity with a satisfaction which

they had not possessed previously, arising out of the distant

hope of becoming opulent and respectable, and of making the

renewal, in the decline of their existence, of those prospects

which, in their earlier years, had been eluded and destroyed by

their vices; and this idea would not fail to stimulate them to a

conduct more laudable, and calculated to accelerate the

accomplishment of their wishes. It may be brought against this

measure, as an argument, that it would reduce the extent of the

power of government to grant pardons to deserving convicts, and

that government would thus lose the advantage which was derived

from the labour of those prisoners; but to the former objection

it may be replied, that the certainty of an alleviation, and of

the advantages which would attend a meritorious conduct during

the specified period of punishment, would prove a powerful

incentive to the convicts, and would tend to produce more good

members of society and useful settlers than could be expected,

unless some reward was to be the certain result of meritorious

conduct; without this stimulus, there might be, as there has

been, some good characters to reward, but their numbers would be

comparatively insignificant: To the latter objection it will only

be necessary to say, that if government loses the labour of these

convicts, it also disburdens itself of the weight of supporting

them and of providing them clothing, etc.

Against the perpetual imprisonment of convicts the following

reasons may be brought forward:--The restlessness and

indifference which generally pervade the conduct of delinquents

of this description, who, seeing no termination to their

captivity, lose the inclination to labour, if they ever possessed

it, and become indolent and careless as to the colour of their

future fate; the impossibility of any governor, however diligent

and compassionate, being enabled to discover all the meritorious

convicts of this description who might be entitled to their

liberation in pursuance of the present system, since he could not

possibly, at any time, keep an eye upon the whole, scattered as

they are through the settlements, and in the employ of various

persons; many deserving prisoners, having never been in the

service of an officer, have none to recommend them, and remain,

consequently, unnoticed, although they may be more meritorious

than even some who are emancipated; and the numerous desertions

which take place amongst those convicts who have no prospect of

amelioration in view, and who are, therefore, indifferent what

becomes of them, placing upon a level the dangers of destruction

and the prospect of toiling away existence, without the hope of

freedom or of happiness, to the close of their days. Such a

conduct as this is truly not to be wondered at, when the

behaviour of some criminals at the bar of their country is

recalled to mind, where they have declined that mercy which has

been extended to them, and preferred death to a perpetual

banishment from that society which they had injured. If any of

the liberated convicts should afterwards attempt to make their

escape from the colony, they might be returned to the public

labour, or be sentenced to such other punishment as may be

thought adequate to the importance of their offence. What the

consequence of the amelioration of the rigour of punishment would

be may easily be imagined; instead of continually murmuring at

the gloomy prospect before them--of displaying indifference to

the future--of beholding before them no limitation of their

slavery, nothing but misery, toil, and death; instead of these

cheerless contemplations, they would begin to display a degree of

contentedness with the situation to which their delinquency had

reduced them, and their progress would be marked by utility to

the government and to the community, instead of being chequered

by continual efforts to elude the vigilance of their overseers,

and to escape from a scene of uniform hardships, unillumined by a

single ray of hope.

The best interests of the colony would be greatly forwarded,

if government were to select some clergymen, of unequivocal piety

and zeal, to inculcate religious and moral principles. For this

purpose, they should be chosen of unblemished character, whose

respectability and exemplary conduct would assist to give weight

to the doctrines which flow from their lips. Much good cannot be

derived from the efforts of men, who are chiefly engaged in

farming and traffic, and who will sell a bottle of spirits, or

_oblige_ some of those very persons with it, to whom they

have just before been preaching the duty of temperance, and whose

learning and appearance are better adapted to less important

avocations, than fulfilling the sacred functions it is intended

they should perform.--The future prosperity of the settlement

also greatly depends upon the manner in which the rising

generation are instructed. The education of youth is, at present,

much neglected, through the want of four or five schoolmasters of

sufficient capacity. There cannot be a doubt that persons

qualified for this profession would meet with very liberal

encouragement, as the children are numerous, and there are but

few parents who cannot afford to educate their offspring

respectably.

The want of some able superintendants in different branches of

business is at present much felt, since such individuals might be

usefully employed in training up youth to the pursuits of

industry; by which means the commission of crimes would be

rendered less frequent, and the dispositions of children would

receive a proper bias. An arrangement of this nature would also

remove the severe inconvenience occasioned by the extreme

scarcity of able mechanics throughout the colony.

It will be immediately admitted by every unprejudiced mind,

that the salaries of the deputy-commissaries should be increased,

when the circumstances under which they are placed are duly

considered. They have now only five shillings a day; a sum so

totally inadequate to the services they perform, as to excite

surprize in all who witness the extent of the trust reposed in

them. This daily pay is barely sufficient to purchase a dinner in

the colony, as they are obliged to appear in every respect as

gentlemen; and the necessary consequence is, they are compelled

to enter into other occupations, unless they have a better source

of income than their salaries, in order to meet their own

unavoidable expenditure, and to maintain (as is generally the

case there) a wife and large family. The impolicy of giving small

salaries must be obvious, when it is considered that individuals

who are thus sparingly rewarded for their labour, abstract from

their official duties some portion of that attention which ought

to be wholly devoted to them.

A different arrangement with respect to the grants and leases

of land would also be productive of beneficial consequences.

Whenever any of those deeds have been made, under the hand and

seal of the governor, or of the colonial seal, they ought to be

considered as secured to the grantee or lessee, their heirs,

etc. and, under no pretence whatever, except a failure in the

fulfilment of the conditions expressed therein, ought the

governor, or any succeeding governor, to retain the power of

taking that land away. The existence of such a power, indeed, is,

upon its surface, arbitrary; and, in its effect, totally

destructive of the spirit of improvement; for there scarcely

exists a man who would bestow his whole exertions and property in

increasing the value of buildings and land, which he holds by

such an uncertain tenure. In the midst of his expectations, just

as he has impoverished himself with the hope of reaping a future

recompense, he may, by the sudden whims or caprice of an

individual, be deprived at once of the means of gaining future

subsistence, and plundered of every thing which he may have done

with a view to his own benefit, and the bettering of the estate.

It is surely unwise to leave a power (which, it is to be hoped,

is without authority) of this description, in the hands of any

man, however exalted his character, and however conspicuous his

love of justice.

The whole of the contingent expenses which would result from

these improvements, might be paid by duties laid on importations,

exportations, etc. which are at present by no means

inconsiderable, but might be greatly increased, to the mutual

advantage of the colonist and the government.

To expatiate largely on the benefits which would result from

the establishment of a free trade, is altogether superfluous to

men whose minds can embrace the increased stimulus which would be

given to industry, the influx of wealth and population, the

improvements in agriculture, commerce, and the arts and sciences,

and the rapid advancement of the best interests of the colony,

which must result from such a measure.

The strong necessity for some considerable alteration in the

internal arrangement and policy of the colony, to various parts

of which I have drawn the reader's attention, can but be apparent

to all unprejudiced persons, who have but a superficial knowledge

of the settlement. The suggestions I have now presumed to offer

to the public, as my opinion for means of improvement, I beg to

state, are as unbiassed as my statements are faithful; and which

are the result of some reflection, founded upon the experience of

a long, and, I should hope, an unimpeachable residence, in the

fulfilment of some important duties, thereby obtaining more than

common means of observation. With these assurances, I have to

trust that due credit will be given to my intentions, which had

their principal stimulus from an anxious wish that the mother

country should receive every possible benefit, in the adoption of

so promising and highly interesting a part of the uncivilized

globe to its fostering care.

The End