CHAPTER I

The History and Romance of Crime

FROM THE EARLIEST TIMES TO THE PRESENT DAY

[Illustration: Decoration]

THE GROLIER SOCIETY

LONDON

[Illustration: _Armour of Ned Kelly and Manacles Worn by Prisoners in

Tasmania_

The Kelly gang of bushrangers, of which Ned Kelly was chief, wore

veritable armour, bullet-proof, made of old plough shares, iron pots and

scrap iron. They terrorised the northeastern part of New South Wales

from 1870 to 1878, and it became known as the "Kelly country."

Troublesome bushrangers also devastated Tasmania, and when captured,

were hanged or sent to the penal settlement at Norfolk Island.]

Prisons Over Seas

DEPORTATION AND COLONIZATION

BRITISH AND AMERICAN PRISONS OF TO-DAY

_by_

MAJOR ARTHUR GRIFFITHS

_Late Inspector of Prisons in Great Britain_

_Author of

"The Mysteries of Police and Crime"

"Fifty Years of Public Service," etc._

[Illustration: Decoration]

THE GROLIER SOCIETY

EDITION NATIONALE

Limited to one thousand registered and numbered sets.

NUMBER 307.

INTRODUCTION

It will hardly be denied after an impartial consideration of all the

facts I shall herein set forth, that the British prison system can

challenge comparison with any in the world. It may be no more perfect

than other human institutions, but its administrators have laboured long

and steadfastly to approximate perfection. Many countries have already

paid it the compliment of imitation. In most of the British colonies,

the prison system so nearly resembles the system of the mother country,

that I have not given their institutions any separate and distinct

description.

No doubt different methods are employed in the great Empire of India;

but they also are the outcome of experience, and follow lines most

suited to the climate and character of the people for whom they are

intended. Cellular imprisonment would be impossible in India.

Association is inevitable in the Indian prison system. Again, it is the

failure to find suitable European subordinate officers that has brought

about the employment of the best-behaved prisoners in the discipline of

their comrades: a system, as I have been at some pains to point out,

quite abhorrent to modern ideas of prison management. As for the

retention of transportation by the Indian government, when so clearly

condemned at home, it is defensible on the grounds that the penalty of

crossing the sea, the "Black Water," possesses peculiar terrors to the

Oriental mind; and the Andaman Islands are, moreover, within such easy

distance as to ensure their effective supervision and control.

Nearer home, we may see Austria adopting an English method,--the

"movable" or temporary prison, by the use of which such works as

changing the courses of rivers have been rendered possible and the

prison edifices of Lepoglava, Aszod and Kolosvar erected, in imitation

of Chattenden, Borstal and Wormwood Scrubs. France has also constructed

in the outskirts of Paris a new prison for the department of the Seine,

and she may yet find that the British progressive system is more

effective for controlling habitual crime than transportation to New

Caledonia. In a country where every individual is ticketed and labelled

from birth, where police methods are quite despotic, and the law claims

the right, in the interests of the larger number, to override the

liberty of the subject, the professional criminal might be held at a

tremendous disadvantage. It is true that the same result might be

expected from the Belgian plan of prolonged cellular confinement; but,

as I shall point out, this system is more costly, and can only be

enforced with greater or less, but always possible, risks to health and

reason.

But prisons are only one part, and perhaps not the most important part

of a penal system. It is obviously right that they should be humanely

and judiciously administered, but they exist only to give effect to the

fiats of the law, which, for the protection of society, is entrusted

with power to punish and prevent crime. How far these two great aims are

effected, what should be the quality and quantity of the punishment

inflicted, what the amount, if any, of the prevention secured, are moot

points which are engaging more and more attention. Although great

inequalities in sentences exist in Great Britain, as in every country,

dependent as each must be upon the ever varying dispositions of the

courts and those who preside over them, the general tendency is towards

leniency. Imprisonment is imposed less and less frequently and the terms

are growing shorter. The strongest advocates of this growing leniency

claim for it that it has helped to diminish crime, and it is certainly

contemporaneous with the marked reduction in offences in the last few

years. In other words, crime has been least when punishment was least

severe. Whether this diminution is not more directly traceable to other

causes, and notably to the better care of juveniles and better measures

to rescue and reform adult criminals, it is impossible as yet to

determine. But it is beyond question that imprisonment, almost the only

form of punishment now known to the law, is just as effective as the

older and severer measures, if not more so. An ever increasing number of

judges adhere to the axiom laid down by Mr. C. H. Hopwood, Q. C., one of

the most distinguished of their number, "never to send a man to gaol if

you can keep him out of it." The wisest of modern laws dealing with the

prevention and punishment of crime is based upon it as a principle. Such

acts as the British "First Offender's Act" and "Summary Jurisdiction

Act" have done more to keep down the English prison population than all

other measures combined.

The whole subject is one of the greatest importance and interest, and I

have endeavoured to treat it adequately in the following pages.

CONTENTS

CHAPTER PAGE

INTRODUCTION 5

I. THE FIRST FLEET 13

II. THE GROWTH OF NEW SOUTH WALES 41

III. CONVICT LIFE 67

IV. A CONVICT COMMUNITY 94

V. THE PROBATION SYSTEM 116

VI. CONVICT SHIPS 138

VII. THE EXILES OF CRIME 167

VIII. THE COLLAPSE OF DEPORTATION 207

IX. GIBRALTAR 230

X. THE BRITISH SYSTEM OF PENAL SERVITUDE 248

XI. FRENCH PENAL COLONIES 277

XII. PENAL METHODS IN THE UNITED STATES 308

XIII. BRITISH PRISONS OF TO-DAY 327

List of Illustrations

ARMOR WORN BY NED KELLY, AND MANACLES

WORN BY PRISONERS IN TASMANIA _Frontispiece_

CONVICT SHIP "SUCCESS" _Page_ 162

RUINED PRISON CHURCH, TASMANIA " 222

PRISONS OVER SEAS

CHAPTER I

THE FIRST FLEET

First idea of riddance of bad characters--James I removes certain

dissolute persons--Sale of criminals as indentured servants to

American Colonies and West Indies--Prices and profits--American

Revolution closes this outlet--Discoveries by Captain Cook leads to

the adoption of Botany Bay as the future receptacle--First fleet

sails March, 1787--Settlement made at Port Jackson, christened

Sydney--Landing of convicts--Early labours--Famine and

drought--Efforts to make community self-supporting--Assisted

emigration a failure--General demoralisation of society--Arrival of

convict ships and growth of numbers--Unsatisfactory condition of

Colony.

News of the discoveries, by Captain Cook, of vast lands in the South

Seas reached England just as the scheme of Penitentiary Houses had been

projected by John Howard, the great philanthropist, to remedy and reform

the abuses of gaol administration. Why embark on a vast expenditure to

build new prisons when the entire criminal population might be removed

to a distance to work out their regeneration under another and a

brighter sky? The idea was singularly attractive and won instantly in

the public mind. The whole country would be rid of its worst elements,

the dregs and failures of society, who would be given a new opportunity

in a new land to lead a new life and by honest labours become the

prosperous members of a new community established by virtue. The

banishment of wrong-doers had long appealed to rulers as a simple and

effective means of punishment, combined with riddance.

The first actual record of transportation is in the reign of James I,

when prisoners were conveyed to the youthful Colony of Virginia, where

Cromwell had sent his political captives beyond the Atlantic to work for

the settlers as indentured servants or assigned slaves. Early in the

eighteenth century the penalty was regularly introduced into the British

criminal code. An act in that year commented upon the inefficiency of

the punishments in use and pointed out that in many of his Majesty's

colonies and plantations in America there was a great want of servants,

who, by their labour and industry, would be the means of improving and

making the said colonies more useful to the nation. Persons sentenced

nominally to death were henceforth to be handed over to the contractors

who engaged to transport them across the seas. These contractors became

vested with a right in the labour of convicts for terms of seven and

fourteen years, and this property was sold at public auction when the

exiles arrived at the plantations. The competition was keen and the bids

ran high at a date prior to the prevalence of negro slavery. To meet the

demand the pernicious practice of kidnapping came into vogue and

flourished for half a century, when it was put down by law. The price

paid according to the mercantile returns ranged at about £20 per head,

although it appears from a contemporary record that for two guineas a

felon might purchase his freedom from the captain of the ship. The

condition of these "transports" was wretched, and contractors often

complained that their cargoes of human beings were so damaged on the

voyages, and the subsequent mortality was so great, that serious

misgivings arose as to whether it was worth while to enter upon the

traffic.

Suddenly the successful revolt of the American Colonies closed them as a

receptacle for the criminal sewages of Great Britain. Another outlet

must be found, and for a time convicts sentenced or liable to

transportation were kept at hard labour in the hulks in harbours and

arsenals at home. Then Captain Cook found Botany Bay in the antipodes,

and for a long time after their inauguration public opinion ran high in

favour of penal establishments beyond the seas. "There was general

confidence," says Merivale, "in the favourite theory that the best mode

of punishing offenders was that which removed them from the scene of

offence and temptation, cut them off by a great gulf of space from all

their former connections, and gave them the opportunity of redeeming

past crimes by becoming useful members of society." Through whatever

mire and discomfort it may have waded, beyond doubt Australia has risen

to a rank and importance which entitles it to remember unabashed the

origin from which the colony sprang. It has long since outgrown the

taint of its original impurity. Another writer asserts that "on the

whole, as a real system of punishment it (transportation) has failed; as

a real system of reform it has failed, as perhaps would every other

plan, but as a means of making men outwardly honest, of converting

vagabonds most useless in one country, into active citizens in another,

and thus giving birth to a new and splendid country, a grand centre of

civilisation, it has succeeded to a degree perhaps unparalleled in

history." All this is of course indubitable. But in the process of

manufacture, Great Britain in fifty years expended eight millions of

hard cash, and remained as full of criminals as ever.

The early history of New South Wales as told in the pages of Collins

reads like a romance. Captain Arthur Phillip, R. N., the first governor,

started from Portsmouth in the month of March, 1787, with nine

transports and two men-of-war--the "first fleet" of Australian annals.

Unlike the _Mayflower_, bearing its Pilgrim Fathers, men of austere

piety and worth, to the shores of New England, this first fleet carried

convicts, criminals only, and their guards. Some vessels were laden

deeply with stores, others with agricultural implements. Before the

fleet was out of the English channel a plot was discovered among some

of these desperate characters to seize the ship they were on board, and

escape from the fleet. Nearing the Cape of Good Hope a second similar

conspiracy came to light, and all through the voyage offences, such as

thefts, assaults, abscondings, attempts to pass counterfeit coin, were

numerous, and needed exemplary punishment. After a dreary eight months

at sea, broken only by short stays at Teneriffe, Rio, and the Cape of

Good Hope, the fleet reached Botany Bay in January, 1788. Never had name

been more evidently misapplied. The teeming luxuriant vegetation was all

a myth, and on closer inspection the "Botanists' Bay" proved to be mere

barren swamps and sterile sands. The anchorage though extensive was

exposed, and in easterly gales torn by a tremendous surf. Before

debarking, therefore, Captain Phillip determined to seek along the coast

some site more suitable for the new settlement. Starting with a select

party in a small boat for Broken Bay, he passed _en route_ an opening

marked upon the chart as Port Jackson, named thus from the look-out man

in Cook's ship, who had made it out from the masthead. This is known now

as one of the finest and most secure harbours in the world. Here in a

cove, where there was deep water for ships of the heaviest burden close

in shore, the foundations of the new town were to be laid. It was

christened Sydney, after the Secretary of State for the Colonies; and

thither a party of convict artificers, guarded by marines, was at once

removed to clear land for the intended settlement. When this was

accomplished, the remainder of the colonists, 1,030 souls in all, were

put on shore.

There was plenty of work to be done, and but few hands to do it.

Enlarged clearings were needed; barracks, storehouses, hospitals,

dwellings for the superior and other officers, huts for the convicts.

Although at the time when the "first fleet" sailed, many thousands of

convicts awaiting deportation crowded the various gaols of England, no

attempt had been made to select for the new colony those who, from their

previous condition and training, would have been most useful to the

young community. Of the six hundred male convicts actually embarked,

hardly any were skilled as artisans and mechanics. Nay more, though it

was meant that the colony should be if possible self-supporting, and

that every effort should be made to raise crops and other produce

without delay, few, if any, of either the convicts or their keepers had

had the least experience in agricultural pursuits. Yet with ordinary

care the whole number might have been made up of persons specially

qualified, accustomed to work either at trades or in the fields. Nor

were there among the sailors of the men-of-war many that could be turned

to useful account on shore.

Again, it had been forgotten that if the convicts were to be compelled

to work, overseers were indispensable; for laziness is ingrained in the

criminal class, and more than change of sky is needed to bring about

any lasting change in character and habits. To these retarding causes

was soon added wide-spread sickness, the result of long confinement on

ship-board, and an unvarying diet of salt provisions. Scurvy, which

during the voyage all had escaped, broke out now in epidemic form.

Indigenous anti-scorbutics there were next to none, and the disease grew

soon to alarming proportions. Many convicts died, and others in great

numbers sank under an almost entire prostration of life and energy. On

the voyage out there had been forty deaths; now within five months of

disembarkation there had been twenty-eight more, while sixty-six were in

hospital, and two hundred others were declared by the medical officers

to be unfit for duty or work of any kind.

Another difficulty of paramount importance soon stared the whole

settlement in the face. So far "the king's store" found all in food, but

the supply was not inexhaustible, and might in the long run, by a

concurrence of adverse circumstances, be almost emptied, as indeed

happened at no remote date. Famine was therefore both possible and

probable, unless in the interval the colony were made capable of

catering for its own needs. To accomplish this most desirable end it was

necessary to bring ground at once into cultivation, breed stock, and

raise crops for home consumption. The first farm was established at

Paramatta, fourteen miles from Sydney, and at the same time a

detachment under Lieut. King, R. N., of the _Sirius_, was sent to

colonise Norfolk Island, a place highly commended by Captain Cook for

its genial climate and fertile soil. "Here," says Laing,

"notwithstanding the various discouragements arising from droughts and

blighting winds, the depredations of birds, rats, grubs, and thieves to

which the settlement was at first exposed, a large extent of ground was

gradually cleared and cultivated, and the prospect of raising

subsistence for a considerable proportion appeared in every respect more

favourable than at Port Jackson."

At the headquarters settlement in these earlier years prospects were

poor enough. The land being less fertile needed more skill, and this was

altogether absent. The convicts knew nothing of farming--how could

they?--and there was no one to teach them. One or two instructors

expressly sent out were found quite useless. The only person in the

colony competent to manage convicts, or give them a practical knowledge

of agriculture, was the governor's valet, and he died in 1791. To add to

these troubles a lengthened drought afflicted the country during the

first year of the settlement, under which the soil, ungenerous before,

grew absolutely barren and unproductive. A man less resolute and able

than Captain Phillip might well have recoiled at the task before him.

The dangers ahead threatened the very existence of his colony. Hostile

natives surrounded him. Within the limits of his settlement he had to

face imminent starvation, and to cope with the innate lawlessness of a

population for the most part idle, ignorant, and vicious. For it soon

became plain that to look for the growth of a virtuous community, except

at some remote period, from the strange elements gathered together in

New South Wales, was but a visionary's dream.

England's social sewage was not to be shot down in Botany Bay, to be

deodorised or made pure just because the authorities willed it. It was

vain to count upon the reformation of these people in the present, or to

build up hopes of it in the future. We have seen how their natural

propensities displayed themselves on the voyage out. These, directly the

convicts were landed, developed with rapid growth, so that crimes and

offences of a serious nature soon became extremely rife. On the day the

governor's commission was read, the governor addressed the convicts,

exhorting them to behave with propriety, promising to reward the good

while he punished heavily all evil-doers. Next morning nine of the

people absconded. Within a week it was found necessary to try three

others for thefts, all of whom were flogged. Before the month passed,

four more were arraigned charged with a plot to rob the public stores,

for which one suffered death, and the others were banished from the

settlement. Yet at that time there was no possible excuse for such a

crime. When goaded by hunger and privation in the coming years of

scarcity, it was at least intelligible that desperate men should be

found ready to dare all risks to win one plenteous meal, though even

then each convict shared to the same extent as the governor himself.

Each man's weekly allowance consisted of 7 lbs. biscuit, 3 lbs. peas,

and 6 ozs. butter; 7 lbs. salt beef, or 4 lbs. salt pork. But in the

first year the rations were ample, and inherent depravity could alone

have tempted these convicts to rob the common store.

About this time another convict offender was pardoned on condition that

he become the public executioner. Both "cat" and gallows were now kept

busy, yet without effect. "Exemplary punishments," says Collins, "seemed

about this period to be growing more necessary. Stock was often killed,

huts and tents broken open, and provisions constantly stolen about the

latter part of the week; for among the convicts there were many who knew

not how to husband their provisions through the seven days they were

intended to serve them, but were known to have consumed the whole at the

end of the third or fourth day. One of this description made his week's

allowance of flour (8 lbs.) into 18 cakes, which he devoured at one

meal. He was soon after taken speechless and senseless, and died the

following day at the hospital, a loathsome, putrid object." Here again

was felt the want of overseers and superintendents of a class superior

to that of the convicts, through whom discipline and interior economy

might be maintained and regulated. Naturally those selected felt a

tenderness for the shortcomings of their fellows, and it was more than

difficult to detect or bring home offences to the guilty. A common crime

was absence. Many, undeterred by fear of starvation, or savage natives,

went off to the woods. One remained there nineteen days, returning to

the settlement at night to lay his hands on food. In some cases the

absentees were murdered by natives, and their bodies found sometimes

with their heads pounded to jelly, but always mutilated, speared or cut

in pieces. There were other crimes quite new, as were the punishments

meted out to them. One impostor pretended to have discovered a gold

mine; but it was proved that he had fabricated the gold dust he produced

from a guinea and a brass buckle, and he was condemned to be flogged and

to wear a canvas dress decorated with the letter R, "to distinguish him

more particularly from others as a rogue." This same offender being

afterwards caught housebreaking, suffered death, but not before he had

betrayed his accomplices--two women who had received the stolen

property. One of these was also executed, while of the other a public

example was made. In the presence of the assembled convicts the

executioner shaved her head, and clothed her in a canvas frock, on which

were painted the capitals R. S. G.--receiver of stolen goods. "This was

done," says Collins, "with the hope that shame might operate, at least

with the female part of the prisoners, to the prevention of crime; but

a great number of both sexes had been too long acquainted with each

other in scenes of disgrace for this kind of punishment to work much

reformation among them."

Thieving continued on all sides, and the hangman was always busy.

Repeated depredations brought one man to the halter, while another, for

stabbing a woman, received seven hundred lashes. Scarcely any of the

convicts could be relied upon, yet many, in the scarcity of honest

freemen, were appointed to posts of responsibility and trust. Generally

they abused the confidence reposed in them. The case is mentioned of one

Bryant, a seafaring west-country man, who was employed to fish for the

settlement. Every encouragement was held out to this man to secure his

honesty: a hut was built for him and his family, and he was allowed to

retain for his own use a portion of every taking. Nevertheless he was

detected in a long continued practice of purloining quantities of fish

which he sold for his own gain. But he was too useful to be deprived of

his employment, and he was still retained as official fisherman, only

under a stricter supervision. Even this he eluded, managing a year or

two later to make good his escape from the colony, together with his

wife, two children, and seven other convicts. Having for some time laid

by a store of provisions, and obtaining from a Dutch ship, in the port

of Sydney, a compass, quadrant, and chart, together with information to

help him in reaching Timor and Batavia, he stole one of the government

boats and made off. Bryant and two of his convict companions being well

trained in the management of a boat, and having luck upon their side, in

due course reached the ports for which they steered. Others were less

fortunate in their attempts to escape; like those who tried to walk to

China northward through the Australian continent. Nor did much success

wait upon the scheme laid by the convicts at Norfolk Island to overpower

their guards, seize the person of the governor, and decamp. Although too

wild and preposterous a plot to raise serious alarm, the very existence

of this serves to prove the treacherous, untrustworthy character of

these felon exiles. Some years later, indeed, in the reign of Governor

King, an outbreak somewhat similar, but planned with secrecy and

judgment, came actually to a head, and for the moment assumed rather

serious proportions. In this, several hundred convicts combined "to

strike for their liberty." They had pikes, pistols, and several stands

of arms. The insurrection broke out suddenly. Two large bodies marched

upon Paramatta, but were closely followed by an officer, Major Johnson,

with forty men of the New South Wales Corps, who brought them to an

action at Vinegar Hill, and in fifteen minutes dispersed them with great

loss.

It is abundantly evident from these and other instances, that the

convict population could only be ruled by an iron hand. But I think

Governor Phillip would have forgiven them much if they had but been more

industrious. Everything hung upon their labour. The colony must continue

to be dependent on the mother country for the commonest necessaries of

life, until by the work of these felon hands sufficient food was raised

to supply subsistence, whenever the public store should grow empty or

come altogether to an end. Yet the convicts by no means exerted

themselves to the utmost; they foolishly conceived that they had no

interest in the success of their labours. Task work had been adopted as

the most convenient method of employing them; a certain quantity of

ground was allotted to be cleared by a certain number of persons in a

given time.

The surplus gained was conceded to them to bring in materials and build

huts for themselves. But few cared to take advantage of the privilege,

preferring to be idle, or to straggle through the woods, or to visit

surreptitiously the French warships lying in Botany Bay. Indeed, the sum

total of their efforts was to do just enough to avoid immediate

punishment for idleness. Moreover, as time passed, the numbers available

for work dwindled down, till at the end of the first year, in January,

1789, that is to say, only two hundred and fifty were employed in the

cultivation of land. Many were engaged at the wharves and storehouses,

but by far the greater portion were utterly incapacitated by age or

infirmity for field labour of any description.

The evil days that were in store did not long delay their coming.

Throughout the latter part of 1789, and the early months of 1790, the

colony saw itself reduced to terrible straits for food. Relief was daily

expected from England, but daily unaccountably delayed. Emptier and more

empty grew the King's store. In the month of February, 1790, there

remained therein not more than four months' provisions for all hands,

and this at half rations. To prepare for the worst, the allowance issued

was diminished from time to time, till in April, that year, it consisted

only of 2 lbs. of pork, 2 lbs. of rice, and 2½ lbs. of flour per head,

for seven days. More than ever in the general scarcity were robberies

prevalent. Capital punishment became more and more frequent, without

exercising any appreciable effect. Garden thefts were the most common.

As severe floggings of hundreds of lashes were ineffectual to check this

crime, a new penalty was tried, and these garden robbers were chained

together in threes, and compelled to work thus ironed. "Any man," said,

years and years afterwards, one of these first fleet convicts who had

reached affluence and comfort at last--"any man would have committed

murder for a month's provisions; I would have committed three for a

week's. I was chained seven weeks on my back for being out getting

greens and wild herbs." No doubt in those days of dire privation and

famine the sufferings of all were grievous; but the statements of these

people must be accepted with the utmost caution, even when divested of

half their horrors. The same old convict said that he had often dined

off pounded grass, or made soup from a native dog. Another old convict

declared he had seen six men executed for stealing twenty-one pounds of

flour. "For nine months," says a third, "I was on five ounces of flour a

day, which when weighed barely came to four. The men were weak," he goes

on, "dreadfully weak, for want of food. One man, named 'Gibraltar,' was

hanged for stealing a loaf out of the governor's kitchen. He got down

the chimney, stole the loaf, had a trial, and was hanged next day at

sunrise."

Food, food, all for food! In its imperious needs hunger drove the

unprincipled to brave every danger, and the foolish to excess not less

terrible. Collins tells another story of a woman who devoured her whole

week's allowance in one night, making up a strange compound of cabbage

and flour, of which she ate heartily during the day, "but not being

satisfied, she rose again in the night and finished the mess," and died.

Throughout these trying times, Governor Phillip maintained a firm front.

It is told of him, that seeing a dog run by he ordered it to be killed

at once,--as a mouth that was useless, it could not in these days be

entitled to food. Then, to ease the mother settlement, a large number of

persons were drafted to Norfolk Island, where, thanks to the presence

of numbers of wild birds, supplies were more plentiful. In transit, H.

M. S. _Sirius_--the only ship left in the colony--was wrecked in full

view of the settlement.

Relief came at length, but in driblets. At the time of greatest need,

more mouths arrived instead of more barrels of pork and flour. In

February, as I have said, there were but four months' provisions in the

stores; yet on the third day of June, two hundred and twenty-two women

arrived--"a cargo," says the chronicler, "unnecessary and unprofitable;"

while H. M. S. _Guardian_, which came as convoy and carried all the

stores, was lost at sea. Another store ship, the _Justinian_, happily

turned up about the 20th of June.

Later in this month, eleven sail, composing the "second fleet," came

into port. In this second fleet the arrangements made were about as good

as in slave ships from the Guinea Coast. The mortality on the voyage out

had been absolutely frightful. One thousand six hundred and ninety-five

male convicts and sixty-eight females were the numbers embarked, and of

these one hundred and ninety-four males and four females had died at

sea; while such was the state of debility in which the survivors landed

in the colony, that one hundred and sixteen of their number died in the

Colonial Hospital before the 5th of December, 1791. It seemed that the

masters of transports were paid head-money for each convict embarked,--a

lump sum of £17 9s. 6d. each. The more, therefore, that died, and the

sooner, the less food was consumed, and the greater the consequent

profit. Even to the living, the rations were so much reduced below the

allowance stipulated by the governor, that many convicts were actually

starved to death. In most of the ships very few were allowed on deck at

the same time. Crowded thus continually in a foetid atmosphere below,

many peculiar diseases were rapidly engendered among them. Numbers died

in irons; and what added to the horror of such a circumstance was that

their deaths were concealed, for the purpose of sharing their allowance

of provisions, until chance and the offensiveness of a corpse directed

the surgeon, or some one who had authority in the ship, to the spot

where it lay. In one of the ships a malignant fever had prevailed during

the latter part of the voyage, to which the captain, with his first and

second officers, had succumbed; while in another, the usual plot to take

the ship was discovered, and had to be checked with severe repressive

measures, which increased the tribulation of these hapless wretches.

Colonel Collins, in his "Account of New South Wales," gives but a sorry

picture of the condition in which these ill-fated exiles of the second

fleet arrived at New South Wales. "By noon," he says, "the following day

the two hundred sick had been landed from the different transports. The

west side afforded a scene truly distressing and miserable: upwards of

thirty tents were pitched in front of the hospital, the portable one not

yet being put up, all of which, as well as the hospital and the

adjoining huts, were filled with people, many of whom were labouring

under the complicated diseases of scurvy and dysentery, and others in

the last stages of either of those terrible disorders, or yielding to

the attacks of an infectious fever. The appearance of those who did not

require medical assistance was lean and emaciated. Several of these

people died in the boats as they were rowing on shore, or on the wharf

as they were lifted out of the boats; both the living and the dead

exhibiting more horrid spectacles than had ever been witnessed in this

country. All this was to be attributed to confinement of the worst

species, confinement in a small space and in irons--not put on singly,

but many of them chained together."

The years immediately subsequent witnessed a repetition of what had

already occurred. The colony found itself again and again brought to the

lowest ebb; and then, when in the last stage, starvation stared it in

the face, there came more convicts and more salt meat. All through, the

health of the inhabitants continued indifferent, in spite of the natural

salubrity of the climate. This was partly due to the voyage out; also to

the diet, insufficient and always salt; and not a little to the gloomy

outlook for all concerned in this far-off miserable settlement. Yet,

through all vicissitudes, the governors who in turn assumed the reins

bore up bravely, and governed with admirable energy and pluck. They

were all--at least for the first twenty years--captains of the Royal

Navy, trained in a rough school, but eminently practical men. Their

policy was much the same. They had to bring land into cultivation,

develop the resources of the colony, coerce the ill-conditioned, and

lend a helping hand to any that gave earnest of a reform in character.

It will be seen that so far the colony of New South Wales consisted

entirely of two classes, the convicts and their masters. In other words,

it was a slave settlement--officials on the one hand as taskmasters; on

the other, criminals as bondsmen who had forfeited their independence,

and were bound to labour without wages for the State. The work to be

done in these early days was essentially of a public character. It was

for the common good that food should be raised, storehouses erected; the

whole body of the population benefited, too, by the hospitals, while the

building of barracks to house the guardians of order was also an

advantage to all. But such preliminary and pioneer works once fairly

started, the next step towards a healthy and vigorous life for the

colony was the establishment therein of a respectable middle class--a

body of virtuous and industrious settlers to stand between the supreme

power and the serfs it ruled. People of this kind were wanted to give

strength and stability to the settlement, to set an example of decorum,

and by their enterprising industry to assist in the development of the

country. But they must come from England; they were not to be looked for

"among discharged soldiers, shipwrecked seamen, and quandam convicts."

Governor Phillip at once admitted this, and from the first strongly

urged the home government to encourage free emigration by every means.

The distance from England was, however, too great to entice many across

the seas, and the passage out would have swallowed up half the capital

of most intending settlers. Several free families were therefore sent

out in 1796 at the public expense, receiving each of them a grant of

land on arrival and free rations for the first ensuing eighteen months.

But this assisted emigration was carried out in a very half-hearted,

incomplete fashion, so much so that for a long time--till years after

the peace of 1815--says Heath in his "Paper on Secondary Punishments,"

"a large proportion of the free settlers are described as of a low

character, not very superior to that of the convicts." Their numbers

were very small, being recruited indeed from the three sources above

mentioned--the soldiers, the sailors, and the convicts themselves.

Naturally, as time passed and sentences lapsed, the last mentioned

supplied a very numerous class. Every effort was made to give them a

fair start on the new road they were expected to follow. They received

grants of land, varying from ten to sixty acres, with additional slices

for children or wife. Pigs, seed-corn, implements, rations and clothing

were served out to each from the King's store; and, thus provided for,

straightforward industry would soon have earned for them an honest

competence. But in comparatively few instances did these convict

settlers thrive. They formed a body of small proprietors of the worst

class, ruining their land by bad farming, and making those who were

still convicts far worse by the example they set of dissoluteness and

dissipation.

Society now, and for years to come, presented a curious spectacle. Its

most conspicuous features were its drunkenness and its immorality. The

whole community might be divided into those who sold spirits and those

who drank them. Everything went in drink. The crops were no sooner

gathered than they went for spirits. Any hope of raising the general

tone of society was out of the question so long as this unbounded

intemperance prevailed. Besides this, there was neither marrying nor

giving in marriage. In Governor Bligh's time two-thirds of the births

were illegitimate. Bands of robbers, the first bushrangers, infested the

country, levying blackmail, and, entering the homes of the defenceless

settlers in open day, committed the most fearful atrocities.

This general recklessness and immorality was fostered by the monopoly of

sale possessed by the officers of the New South Wales Corps. These

gentlemen, who came out in 1792 as officers of this local regiment, were

for very many years a thorn in the side of the constituted authorities.

Bound together by _esprit de corps_ and unity of interest, they were

constantly at war with the governor, and generally successful.

Everything was made subservient to them. They had become by degrees

engaged in commercial operations, and in time they alone had permission

to purchase all cargoes of merchandise that came into port. These goods

they retailed at an enormous profit, so that the small farmers were

nearly ruined by the prices they had to pay for such necessaries as they

required. "Hence," as Laing says, "they (these small farmers) lost all

hope of bettering their circumstances by honest industry, and were led

into unbounded dissipation." The figure cut by officers who wore the

king's uniform in thus descending to traffic and peddle is not

over-dignified. Nor were they always over-scrupulous in their dealings.

As my narrative is concerned rather with the convict element and the

vicissitudes of transportation than with the general history of the

colony, it would be beyond my scope to enlarge upon the well-known

"rebellion," in which this New South Wales Corps played the prominent

part. In a few words, this amounted to the forcible ejectment from

office of the King's representative, Governor Bligh, by those who were

themselves the guardians of the King's peace. It would be tedious to

argue here the two sides of the question; but, even allowing that both

sides were to blame, it seems clear that the rebellious troops were most

in the wrong. Eventually this New South Wales Corps ceased to exist as

such, and becoming a numbered regiment, the 102nd of the line, was

removed from the colony.

Meanwhile the convicts continued to pour in. Between 1795 and 1801,

2,833 arrived; 2,398 from 1801 to 1811. In the years between the comings

of the first and second fleets, attempts had been made to improve the

arrangements for sending them out. As soon as the hulks at home were

full, and convicts began to accumulate, vessels were chartered for New

South Wales. Each carried 200 with a guard of 30 soldiers. The men

selected for transportation were always under fifty, and were taken from

those sentenced for life or fourteen years. When these were found

insufficient to provide the necessary draft, the numbers were made up

from the seven-year men, and of these the most unruly were chosen, or

those convicted of the more atrocious crimes. The females were sent

indiscriminately, the only provision being that they must be under fifty

years of age. Lists accompanied them out in all cases. These lists were

deficient in all useful information--without particulars of crimes,

trades, or previous characters; points on which information had to be

obtained from the convicts themselves. The transport ships were supposed

to be well found in all respects: clothes, medicines, and provisions for

the voyage and for nine months afterwards were put on board at the

public expense. The owner supplied a surgeon, and the admiralty laid

down precise instructions for his guidance. The master, too, was bound

over to be careful of his living cargo. On arrival his log-book was

submitted for inspection, and the governor of New South Wales was

empowered to reward him a special gratuity on the one hand, or on the

other to mulct and prosecute him, according to his behaviour on the

voyage out.

On arrival at Sydney the convicts were either disposed of as servants to

settlers, or retained in government hands. We have here the system of

assignment, though as yet quite in embryo. While settlers of any wealth

were few, there was little demand for convict labourers, except as

simple servants; although in the case of some of the leading officials,

who had already considerable grants of land under cultivation, as many

as forty were, even in these early days, assigned to the same master.

The great mass of the convicts were therefore retained by the

government. They were fed, clothed, and lodged by government, and

organised in gangs. Each gang was under an overseer--an old convict--who

was certain to err either on the side of culpable leniency towards his

charges, or of brutal cruelty. Stories are told of an overseer who

killed three men in a fortnight from overwork at the sawmill. "We used

to be taken in large parties," says the same old hand that I mentioned

before, "to raise a tree. When the body of the tree was raised, old

---- (the overseer) would call some of the men away, then more. The men

were bent double, they could not bear the weight--they fell, and on them

the tree, killing one or two on the spot. 'Take them away: put them in

the ground.' There was no more about it." Another overseer was described

as "the biggest villain that ever lived. He delighted in torment, and

used to walk up and down rubbing his hands when the blood ran. When he

walked abroad the flogger walked behind him. He died a miserable death:

maggots ate him up. Not a man could be found to bury him." A third

overseer was sent to bury a man who, though weak and almost insensible,

was not dead. "For God's sake," cried the poor wretch, "don't cover me

up. I'm not dead." "You will be before night," replied the overseer.

"Cover him up" (with an oath), "or we shall have to come back again to

do the work a second time." On the other hand, it was known that

overseers connived at irregularities of every description. The men were

allowed to work as little as they pleased; many left their parties

altogether to rob, and returned at nightfall to share their plunder with

the overseers. Naturally the work accomplished for the public service

did not amount to much. The hours of labour were from 6 A. M. to

3 P. M., after which the rest of the day belonged to the convict to be

spent in amusement or labour profitable to himself. Even in these days

the punishment of transportation fell most unequally on different men.

While the commoner classes of offenders were consigned to the gangs or

drafted off to be the slaves of the low-bred settler, persons who had

held a higher station in life, or who had been transported for what came

to be called "genteel crimes," forgery, that is to say, embezzlement,

and the like, were granted tickets-of-leave at once, which exempted them

from all compulsory labour and allowed them to provide for themselves.

To them the only hardship entailed by their crimes was the enforced

exile.

So far we have had to deal only with the difficulties encountered by the

young colony and the steps taken to combat them. It is too soon to speak

of the consequences that were entailed by forming a new settlement from

the dregs of society. I will only state in general terms what was the

actual state of affairs. A governor at the head of all with full powers

nominally, but not nearly autocratic; next to him, as the aristocracy, a

band of officials not always obedient, sometimes openly insubordinate,

consistent only in pushing forward their own fortunes. Between these and

the general body of the colonists a great gulf; the nearest to the

aristocracy being the settlers--passing through several gradations--from

the better class, few in number, to the pensioner or convict newly set

free; at the very bottom, the slave or serf population--the convicts

still in bondage.

This was the first stage in the colony's existence. With the breaking

up of the power of the New South Wales Corps and the appointment of

Governor Macquarie a new era opened; and to this I devote the next

chapter.

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