CHAPTER II

THE GROWTH OF NEW SOUTH WALES

Large amount of convict labour available for employment--Free

settlers too few to utilise it--Applied chiefly to public

works--Premature erection of public edifices--Convicts given good

wages and plentiful drink--Many grow rich--Governor Macquarie

favours convicts unduly--Hostility shown him--Strong antagonism

between classes--Great impetus to free emigration--Convict labour

in demand--System of assignment revived--Discipline maintained by

the "cat"--Efforts toward fair administration.

The peculiar condition of the colony now was the presence therein of a

supply of convict labour, growing larger also from day to day as vessels

with their cargoes arrived, for which there was no natural demand. When

General Macquarie assumed the government the influx of male convicts had

been so great in the five years preceding 1809, that the free settlers

were unable to find employment for more than an eighth of the total

number, though the labour was to be had for the asking, and cost nothing

but the price of raising the food the convicts consumed. In point of

fact, the free settlers were still too few and their operations too

limited. Seven-eighths of the whole supply remaining on hand, it became

necessary for the governor to devise artificial outlets. He was

anxious, as he tells Earl Bathurst, "to employ this large surplus of men

in some useful manner, so that their labour might in some degree cover

the expense of their feeding and clothing." The measures by which he

endeavoured to compass this shall now be described.

There is a stage in the youthful life of every colony when the

possession of an abundant and cheap supply of labour is of vital

importance to its progress. Settlers in these early days were neither

numerous enough nor wealthy enough to undertake for themselves the work

of reclaiming land, of establishing harbours and internal communications

on a scale sufficiently wide to insure the due development of the young

country. At such an epoch a plentiful supply of convict labour pouring

in at the cost of the home government is certain to be highly valuable.

Merivale points out how some such timely assistance to British Columbia

in more recent years would have given an enormous impetus to the

development of those provinces. It would be premature to discuss, at

this period of my narrative, the question whether the advantages gained

would outweigh the positive evils of a recurrence to transportation on

any grand scale. Some of these evils might disappear if the system were

carried out with all the safeguards and precautions that our lengthened

experience would supply. But the main objection--the excessive

costliness of the scheme--would remain.

This stage New South Wales had now reached, and the governor, finding

himself amply supplied with the labour so urgently needed, bent all his

energies to bringing forward the latent resources of the colony. His

reign began at a period of great scarcity. Repeated inundations on the

Hawkesbury had entailed disastrous losses on the whole community. He

decided, therefore, to form new towns at points beyond the reach of the

floods, and to open up to them, and throughout the province, those means

of communication which are so essential to the progress of a new

country. Upon the construction of these roads he concentrated all his

energies and all the means at his disposal. Not much skilled labour was

needed, yet the work was punitive and was also beneficial to the whole

community. No better employment could have been devised for the

convicts. Under his directions, towns before disconnected were joined by

means of excellent highways, while other good roads were driven through

wild regions hitherto unsettled if not altogether unexplored. The

greatest exploit of that period was the construction of the road across

the Blue Mountains to Bathurst, the whole length of which was 276 miles;

and there were, besides, good wooden bridges at all necessary points.

Beyond doubt, to these facilities of intercommunication is to be

attributed the early advance of the colony in wealth and prosperity.

But Governor Macquarie's other undertakings, though well intentioned,

were not equally well designed either for the improvement of the colony

or the amelioration of its people. No doubt his was a difficult task,

his course hard to steer. He had means almost unlimited, a glut of

labour, and behind him were the open purse-strings of the

mother-country. How was he to make the most of his advantages? This

labour, of which his hands were full, came from a mass of convicts, each

one of whom already represented a considerable charge on the imperial

funds. It had been expensive to transport him; now he was costly to

keep. Could he not be made in some measure to recoup the treasury for

the outlay he occasioned? It was obvious that he should, if possible,

contribute to his own support. Yet Governor Macquarie, in spite of his

promises, aimed at nothing of the kind. His chief object--next after

making roads--was to embellish the principal towns of the colony with

important public works--works for the most part unnecessary, and hardly

in keeping with the status of the young settlement. Roads were urgently

needed; but not guildhalls, vast hospitals, spacious quays, churches,

schools, houses and public offices. In these earlier years, buildings of

more modest dimensions might well have sufficed for all needs. But under

the Macquarie regime Sydney sprang from a mere shanty town into a

magnificent city. It was almost entirely reconstructed on a new plan,

the lines of which are retained to this day. The convict huts gave

place to prisoners' barracks, the mean dwellings of the settlers to

streets of imposing houses. The whole external aspect of Sydney and

Parramatta was changed. In all, the new public buildings numbered more

than 250, and the list of them fills ten closely printed pages of a

parliamentary report.

Yet all this expenditure was not only wasteful and at the time

unnecessary, but its direct tendency was to demoralise the population.

The labourers required for works of such importance were of course

collected together upon the scene of operations. In other words, crowds

of convict artisans were congregated in the towns, and countenanced each

other in vice. Many of the works were carried out by contract, the

contractors employing convict hands, bond or free, still serving or

emancipated; and in both cases they paid wages half in cash, and half in

property, which consisted of groceries and ardent spirits. This was the

"truck system," neither more nor less, which the contractors made still

more profitable to themselves by establishing public-houses close to

their works, at which the cash half of the wages soon returned to them

in exchange for the drink supplied. Naturally vice and immorality grew

apace. The condition of the towns was awful, and the low pleasures in

which they abounded attracted to them many people who might otherwise

have been contented to live quietly upon their grants of land. But the

choice between congenial society with plenty of drink, and the far-off

clearing with honest labour for its only joy, was soon made in favour of

the former, and every one who could, flocked into the towns. The

governor had indeed tried hard to form an agricultural population. With

this object he had conceded larger grants than his predecessors, in the

hopes that emancipated convicts would settle upon them and reform. It

was thought that "the hope of possessing property, and of improving

their condition and that of their families, afforded the strongest

stimulus to their industry, and the best security for their good

conduct." But these advantages were remote, and gave way at once before

the present certainty of being able to barter away the land they got for

nothing or in exchange for ten or fifteen gallons of rum. If this plan

of manufacturing industrious small proprietors out of the recently

emancipated convicts was meant to answer, the grant of land should have

been made conditional on actual residence thereon, and accompanied by

tangible results gained by actual labour done, which must be shown

before the acres were finally conveyed. Now it was proved that many of

Governor Macquarie's grantees never took possession of their land at

all: the order for thirty acres was changed at once for the much coveted

means of dissipation. Hence, though towns grew fast in beauty and

importance, the forest lands or wild tracts in the interior remained

unsettled; and the crowds of ex-criminals who might, by judicious

treatment, have turned into virtuous farmers, rapidly degenerated into

a mass of drunken dissipated idlers.

These were indeed fine times for the convicts. There was labour for all,

remunerative, and not too severe; liquor was cheap, and above all the

governor was their friend. It would be, however, more than unfair to

charge General Macquarie with any but the best motives in his tenderness

for the convict class. He conceived that the unfortunate people who

composed it were the especial objects of his solicitude. To promote

their reform, and to bring them to that prosperity which should make

this reform something more than mere idle profession--these, as he

thought, were among the first of his duties as the governor of a penal

colony. In his prosecution of such views he did not halt half way. The

manner in which he favoured and encouraged the emancipists came to be a

by-word. It was said in the colony that the surest claim on Governor

Macquarie's confidence and favour was that of having once worn the badge

of a convicted felon. Very early in his reign he made it clear that this

would be his policy. The year after his arrival he advanced one

ex-convict to the dignity of a justice of the peace; another was made

his private medical adviser; and both, with many others, were admitted

to his table at Government House. Nor were the recipients of these

favours always the most deserving among their fellows for the honours

showered upon them. It was taken for granted that the possession of

considerable wealth was proof positive of respectability regained; yet

in the case of Governor Macquarie's emancipist magistrate, it was

notorious that he had become rich by methods of which honest men would

hardly be proud. Transported as a lad for rick burning, after serving

his time in the colony he had been a shop-keeper, a constable, and last

a publican; in which line, by means of liberal credit, he had soon

amassed a fortune. His case was only one of many in which ex-convicts

had grown rich, chiefly by preying on their still more unfortunate

comrades, taking mortgages on grants as payment for long arrears of

accounts for groceries and drink, and by and by seizing all the land.

But no more emancipists were made magistrates after 1824.

Then, in many instances, members of the convict class were by far the

shrewdest and best educated in the whole community. Settlers of the

better class were few in number, so the sharp rogues had it all their

own way. They had capital moreover. Several brought money with them to

the colony, the fruit of their villainies, or their wives followed them

with considerable sums acquired in similar fashion. For these men,

especially if they had held fairly good positions at home,

transportation was almost a farce. It merely meant removal at the public

expense to a land, remote certainly, but in which they were little less

comfortable than at home, and where they moreover had exceptional

facilities for making money fast; and they had it all to themselves.

Governor Macquarie discouraged free emigration. He did not want to see

settlers. He looked upon them as out of place, nay more, as a positive

encumbrance to the colony. New South Wales was a settlement, he said,

made by convicts for convicts--"meant for their reformation; and free

people had no right to come to it." So he continued to pat his

favourites on the back: gave them land, and more land, as many assigned

servants--their former partners possibly in many a guilty scheme--as

they wished; and last but not least, provided a market for the very

crops he had assisted them (by convict labour) to raise. It was not

strange, then, that with a yearly influx of thousands of new hands, and

the rapid upward advance of all who were ordinarily steady and

industrious, the emancipists should come as a class to gain strength far

in excess of their deserts, and sufficient from their numbers to swamp

all other classes in the community.

There were frequent heartburnings in New South Wales during the reign of

Governor Macquarie on account of his overstrained partiality. The

discontent was heightened by his plainly spoken desire to force his own

views down the throats of those nearest him in the social scale: not

satisfied with openly countenancing them himself, he insisted that the

officers of regiments receive emancipists as guests at mess. Bigge says

on this point: "The influence of the governor's example should be

limited to those occasions alone when his notice of the emancipated

convicts cannot give offence to the feelings of others, or to persons

whose objections to associate with them are known. The introduction of

them on public occasions should, in my opinion, be discontinued. And

when it is known that they have been so far noticed by the governor of

New South Wales as to be admitted to his private table and society, the

benefit of the governor's example may be expected to operate; and it

will also be exempt from the fatal suspicion of any exercise of his

authority." Again, when Mr. Bent, judge of the Supreme Court, refused to

allow certain attorneys, ex-convicts but now free, to practise as

solicitors, the governor complained to the home government that this

judge was "interfering unwarrantably with a salutary principle which he

(the governor) had been endeavouring to establish for the reformation of

the convicts." Now at this very time an act was in force which deprived

all persons convicted of perjury or forgery from ever again practising

in the courts at home, and Judge Bent in refusing to administer the

oaths to these emancipist attorneys was but carrying out the law; yet on

the governor's representation he was removed from the bench.

There were other cases not less plainly marked. As a natural

consequence, the antagonism was deepened between the two classes which

were so widely distinct--the virtuous Pharisees, that is to say, and

the thriving publicans. The former despised all who had come out "at

their country's expense;" and the latter hated the settlers, as people

of a lower class not seldom hate social superiors to whose "platform"

they are forbidden to hope to rise. Eventually, as we shall see, after a

long protracted warfare and varying successes, the free population

gained the day; but not till the lapse of years had strengthened their

numbers out of all proportion to their antagonists, and given them the

preponderance they at first lacked.

The struggles between these two classes fill up the whole of the annals

of the next years of the colony. All said, however, it cannot be denied

that under the administration of General Macquarie the colony prospered.

The population was nearly trebled between 1809 and 1821, and there was a

corresponding increase in trade and in the public revenue. Just before

this governor left the colony it contained 38,788 souls; there were

102,929 horned cattle, 290,158 sheep, 33,000 hogs, and 4,500 horses; and

32,267 acres had been brought under cultivation. The moral tone of the

community, too, was slightly raised; marriage had been encouraged in

place of an indifferent and disreputable mode of life which till then

had been largely prevalent. "In externals, at least," says Laing, "the

colony itself assumed quite a different aspect under his energetic and

vigorous management from what it had previously worn."

Speaking of his own administration and his efforts to elevate the

convict population in the scale of society, Governor Macquarie said for

himself, as against his detractors, "Even my work of charity, as it

appeared to me sound policy, in endeavouring to restore emancipated and

reformed convicts to a level with their fellow-subjects--a work which,

considered in a religious or a political point of view, I shall ever

value as the most meritorious part of my administration--has not escaped

their animadversions."

And yet, however praiseworthy his efforts, they were misdirected; and

beyond doubt, in his desire to discourage the influx of free people, he

committed a fatal error. It was his wish, of course, to further the

development of the colony; but he could not do this half so

satisfactorily by the establishment of penal agricultural settlements,

as could substantial emigrants working with capital behind them for

their own profit. Moreover, these agricultural settlements started by

Governor Macquarie cost a great deal of money. Again, the free classes

of the community would not have found themselves for a long time

outnumbered had not immigration been systematically discouraged. The

formation of an independent respectable society, armed with weight and

influence, was, as I have said, much needed in the colony. In this

respect General Macquarie had departed from the policy of his

predecessors. Captain Philip was eager enough, as we have seen, to

attract settlers, and had his recommendations been persistently followed

the colony would have found itself the sooner able to raise grain enough

for its own consumption.

Sir Thomas Brisbane, on the other hand, who came after Governor

Macquarie, recognised the full importance of the principle, and his

reign is memorable as marking the period when settlers in any

considerable numbers first flocked to the colony. But it was no longer

the humbler classes who came. None of these did the governor want, but

persons who were well-to-do, who could take up larger grants and find

plenty of employment for the rapidly increasing convict population. Sir

Thomas Brisbane held out every inducement to attract such persons. At

this period, thanks to the unceasing arrival of new drafts, the number

of felon exiles on charge continued to form a serious item in the

colonial expenditure. To get quit of all or any the governor was only

too glad to offer almost any terms. The grants of land were raised from

500 to 2,000 acres, which any one of moderate respectability might

secure, provided only he would promise to employ twenty convicts;

rations also were to be given from the King's store for self and

servants for the first six months, and a loan of cattle from the

government herds. The newcomers therefore were mostly gentlemen farmers,

younger sons of land-owners, or commercial men who had saved something

from a general crash in business. Most of these people were

sufficiently alive to their own advantage to realise the opportunity now

held out to them. Land for nothing, food and stock till the first

difficulties of settlement were overcome--these were baits that many

were ready enough to swallow. Labour was also gratuitously provided by

the same kind hands that gave the land.

For some years this more than parental encouragement continued, till at

length the influx of settlers came to be thoroughly felt. The labour

that was so lately a drug, was now so eagerly sought that the demand

grew greater than the supply. The governor was unable to comply with all

the requisitions for servants made by the land grantees. This at once

brought about the abandonment of the agricultural penal settlements

established by General Macquarie. Their success had always been

doubtful: although land to a considerable extent had been cleared,

timber felled, buildings erected, and farming attempted, no great

results had ever been obtained. Indeed now when the land which had thus

been occupied was again resumed, it was found to have been little

benefited. One by one they were broken up. They were costly and

unproductive. On the other hand, the settlers, old and newly arrived,

were clamorous for the hands thus wastefully employed. "So steadily,"

says Laing, "did the demand for convict labour increase on the part of

the free settlers that, during the government of Lieutenant-General

Darling, there were at one time applications for no fewer than 2,000

labourers lying unsatisfied in the office of the principal

superintendent of convicts."

We have now really arrived at the second stage in the history of

transportation. Although from the first origin of the settlement convict

servants were readily provided for any master who might ask for them,

the applications, as I have said, were few and far between, amounting in

1809 to an eighth only of the total numbers available, and requiring, as

late as 1821, to be accompanied by the bait of distinct and tangible

bribes. But now had dawned the days of "assignment" proper, the days of

wholesale slavery, where private persons relieved the state of the

charge of its criminals, and pretended to act, for the time being, as

gaolers, taskmasters, and chaplains, in return for the labour supplied

at so cheap a rate. How far the persons thus called upon to exercise

such peculiar functions were entitled to the confidence reposed in them

was never in question till the last few years. Emancipists got their

convicts too, and of course among the settlers many were quite unsuited

for so serious a charge.

The failure of assignment as a method of penal discipline will be seen

later on, when its great inherent evils had had time to display

themselves. At first the chief fault was over-leniency--so much so that

General Darling came out as governor charged with orders to subject the

convicts to more rigorous treatment. Dr. Laing, in his "History of New

South Wales," is of opinion that, about this date, much unnecessary

severity was noticeable in the carrying out of the sentence of

transportation. He states that convicts were now treated by the

subordinate agents, who saw that severity was the order of the day,

"with a reckless indifference to their feelings as men which their

situation as criminals could never have warranted."

Nevertheless it must be confessed that the condition of convicts could

not be irksome when soldiers envied it, and committed crimes on purpose

to become felons too. This was proved in the case of certain soldiers

who had turned thieves in Sydney simply that they might be sentenced to

transportation. They were caught, convicted, and sentenced to seven

years at Moreton Bay or Norfolk Island. Had their story ended here the

bare record of it might suffice, but it so happened that very serious

consequences ensued, and these I cannot refrain from recounting. As it

came out quite clearly upon their trial what had been the object and

design of their theft, Governor Darling resolved that they should be

treated with extra rigour, "it being an intolerable and dangerous idea

that the situation of a soldier was worse than that of a convict or

transported felon." The seven years at a penal settlement was therefore

commuted to seven years hard labour in chains on the roads of the

colony. The intention of this change was doubtless that their old

comrades should sometimes see them as they were marched to and fro; but

besides this, it was ordered that at the end of their sentence they

should return to their regiments. Therefore, after the proceedings of

the trial had been promulgated, the prisoners were publicly stripped of

their uniforms, iron collars with spikes projecting were placed around

their necks, from which iron chains hung and were fastened to basils on

their legs. Thus arrayed they were drummed out of their regiment (the

57th) to the tune of the Rogues' March. Under the horrors of this

punishment one man, Sudds, immediately sank, and died the following day.

The survivor then made a statement to the effect that Sudds complained

bitterly of his chains. The projections on the collar prevented the

prisoners from stretching at full length when lying on their backs. They

could not lie at full length without contracting their legs, nor could

they stand upright. The collar was too tight for Sudds' neck, and the

basils too tight for the other's legs.

In reporting this whole case to the Secretary of State, Governor Darling

says, "However much the event is to be regretted, it cannot be imputed

to severity; none was practised or intended.... With respect to the

chains which are designated instruments of torture, it will be

sufficient to state that they weigh only 13 lbs. 12 ozs.; and though

made with a view of producing an effect on those who were to witness the

ceremony, the extreme lightness of their construction prevented them

from being injurious in any respect to the individual." On the other

hand, Laing says the irons usually made for the road gangs in the colony

did not weigh more than from 6 to 9 lbs.; while those brought out for

convicts on board prison ships from England weighed only from 3½ to 4

lbs.

Following all this came vituperative attacks in the press. Papers

inspired by the government defended General Darling, and the fight was

long and bitter. One result was the passing of several acts known as

"Gagging Acts," intended to check the virulent abuse perpetually aimed

at the government, but they failed to have the desired effect. Governor

Darling grew more and more unpopular, and on leaving the colony he was

threatened with impeachment. A Parliamentary commission did, eventually,

inquire into his administration, and completely exonerated him from all

charges.

Speaking of the trial and sentence of these soldiers, Laing

observes,--"It would be unjust to consider Sir Ralph Darling's sentence

by the light of public opinion in England. He was governor of a colony

in which more than half the community were slaves and criminals; he had

to arrest and punish the progress of a dangerous crime; but he fell into

the error of exercising by _ex post facto_ decree, as the representative

of the sovereign, powers which no sovereign has exercised since the time

of Henry VIII, and violated one of the cardinal principles of the

British Constitution by rejudging and aggravating the punishment of men

who had been already judged. At the present day it is only as an

historical landmark that attention can be called to this transaction,

which can never be repeated in British dominions." It is more than

probable that, as a military officer of rank, he was doubly disposed to

reprobate the offence recorded. All his soldierly instincts were

doubtless hurt to the quick by the notion that the private men of an

honourable profession preferred an ignominious sentence to service with

the colours of their corps. From this came his uncompromising attitude,

and the seemingly unjustifiable violence of his measures.

But except in this one instance, Sir Ralph Darling proved himself an

efficient administrator. His sympathies were certainly with the

"exclusionists" as against the "emancipists;" and therefore, by the

latter and their organs, he was persistently misrepresented and abused.

But he was distinctly useful in his generation. A most industrious

public officer, he spared himself neither time nor trouble. Every

matter, however unimportant, received his closest personal

consideration. He may have made mistakes, but never through omission or

neglect; besides which, he introduced order and regularity in the

working of the state machine. Method followed disorganisation; ease and

freedom, where before had been friction and clogging interference

between its several parts. One of his earliest acts had been to regulate

the system of granting land, which under the previous administration

had fallen into some confusion. It was he who established a Land Board,

and who ruled that grants were to be made to people only according to

their means of improving the acres they got, and not as heretofore,

simply in answer to mere application.

In these and other useful labours the lead he gave was consistently

followed by his immediate successor, Sir Richard Bourke, who came to the

colony in December, 1831. Although by the extension of the colony the

personal character of the governor was no longer of such paramount

importance as in earlier days, the arrival of an efficient administrator

was a distinct benefit to the whole settlement. Sir Richard Bourke was

unquestionably a man of character and vigour. The measures he introduced

were all salutary. Not only did he encourage free immigration, but he

made fresh laws for the distribution and coercion of the convict

population. His regulations for assignment--to which I shall refer

directly--were wisely planned; and the reforms he introduced in the

constitution of the courts of justice were as sensible as they were

necessary. He had found that the decisions of local magistrates in the

cases of the misconduct of convict servants were extremely unequal: some

were ludicrously lenient, others out of all proportion severe. He

thought it advisable to establish some uniform system by which

magistrates should be guided in the infliction of summary punishments;

and he passed, therefore, an act known henceforth as the "Fifty Lashes

Act." This substituted fifty lashes for the first offence cognisable in

a summary way, in lieu of one hundred and fifty; and made the powers of

a single magistrate somewhat less than those of a bench of two or more.

At the same time it was ruled that a "cat" of uniform pattern should be

used in every district. "Each bench had before superintended, or left to

its inferior officers, the construction of its own scourges, which

varied according to accident or caprice; nor could it ever be

ascertained by the mere number of lashes ordered what degree of pain the

culprit was likely to have suffered." This restriction of their power

was not palatable to all the magistrates, and petitions were presented

to His Excellency, protesting against his new act. They urged that now

their authority was utterly derided. "Such a feeling," says Sir Richard,

commenting on their petition, "is not to be considered extraordinary, as

it requires much judgment and moderation to overcome the instinctive

love of power.... The magistrates who felt the diminution of their power

as a grievance may perhaps have been excited to expressions of complaint

by the annoyance to which, in their character of settlers, they are

exposed from the misconduct of their assigned servants. They do not

perhaps consider that the natural dislike to compulsory labour, which is

part of human nature, and has existed and ever will exist under every

form or mode of government, must offer great difficulties to those who

seek to carry on their business by such means. Severity carried beyond a

certain point, especially towards men of violent and turbulent feelings,

will only tend to inflame this indisposition to labour with more

dangerous acts of desperation and revenge."

However, to give the petitioners no just cause for complaint, he

instituted a formal inquiry into "those circumstances connected with the

discipline of the prison population which formed the subject of the

petitions." Reports were called for from the police of the several

districts. From them it was clearly apparent that fifty lashes with the

new cat were quite enough for any one, provided they were properly

administered. "The sufficiency of the law and of the instrument of

corporal punishment, in all cases where proper superintendence is

exercised, being thus established on unexceptionable evidence," His

Excellency considered it would be inexpedient, nay, dangerous, to add to

the severity of either, "merely because, in some instances, the

wholesome vigour of the existing law has been impeded by a negligent or

corrupt execution. In reading the reports which have been presented, the

governor could not fail to observe that where punishments have been duly

inflicted, the power of the magistrates has been anything but derided.

While perusing these painful details, His Excellency has indeed had

abundant reason to lament that the use of the whip should of necessity

form so prominent a part of convict discipline in New South Wales; but

believing it to be unavoidable, the governor must rely on the activity

and discretion of the magistracy for insuring its wholesome and

sufficient application."

The clear-sighted policy adopted by Sir Richard Bourke in carrying out

the last mentioned reform was no less observable in his treatment of the

question of assignment. The system by which servants were assigned to

settlers was undoubtedly not altogether free from abuses. It was alleged

that successive governments worked it quite as a source of patronage to

themselves. Governor Darling had however established an assignment

board, which to some extent equalised the distribution of the convicts

among the settlers. But it remained for Sir Richard Bourke to put the

whole question on a thoroughly satisfactory footing. The rules he

promulgated did not make their appearance till he had been four years in

the colony; after he had gained experience, that is to say, and time to

consider the subject in all its practical bearings. Excellent though

they were, they were rather late in the field. From the date of their

appearance to that of the final suspension of transportation there were

but five years to run. The pains taken by Sir Richard Bourke are evident

from his despatch to the Secretary of State for the Colonies, dated

June, 1835. He observes, "My chief object in this measure has been to

substitute for the invidious distinction hitherto more or less vested in

the officers entrusted with the duty of assigning convicts to private

service, strict rules of qualification, intelligible alike to the

dispenser and receiver of penal labour, and from which no deviation

shall be permitted. It is not until after much delay, and after maturely

weighing the suggestions of the various parties, that I have ventured to

deal with this important and difficult subject."

The main principle of the new regulations was that servants were to be

assigned solely in proportion to the land the masters occupied. A

carefully prepared scale was drawn up fixing this proportion, which,

speaking roughly, was at the rate of one servant per 160 acres of

ordinary land, and one per 20 acres under plow or hoe culture. At the

same time it was ruled that, as all mechanics were more valuable than

mere labourers, each of the former should be equal to two and sometimes

three of the latter. Thus one blacksmith, bricklayer, carpenter, or

cooper, counted as three labourers; while a plasterer, a tailor,

shoemaker, or wool-sorter, counted only as two. An entirely new process

of application for these servants was also laid down. A special sessions

was to be held in every district in September, for the purpose of

receiving and reporting on all such applications. It was the duty of the

magistrates in sessions to "inquire into the correctness of the facts

stated in each, requiring such evidence thereof as to them shall seem

proper; and they shall in no case recommend the claim of any applicant

unless perfectly satisfied of the truth of the statement on which the

application is founded."

Over and above this they were also required to look into the moral

qualifications of the assignee. They were not to recommend any person

"who is not free, of good character, capable of maintaining the servants

applied for, and to whose care and management they may not be safely

entrusted." Had this regulation been enforced at an earlier date the

system of "assignment" might have been worked with greater success. The

applications having been duly passed at sessions were then forwarded to

the assignment board at Sydney. Throughout, the greatest care was taken

to prevent underhand dealing: when eventually the time for actual

assignment arrived, it was done by drawing lots, or rather numbers from

a box in the office of the assignment board, and it was impossible for

the officials to show favour or affection even had they been so

inclined. The whole spirit of these regulations was thoroughly equitable

and straightforward. The only object was to be fair to every one. Thus

the land qualification was not insisted upon in the case of tradesmen

who wanted assistance in their own calling; and respectable householders

were also allowed to obtain indoor servants, though without an acre of

land in the colony. With these rules were included others requiring

masters to remove their servants without delay, and establishing

certain pains and penalties against contravention of the new law.

These arrangements were indeed admirable, all of them, but they should

have been earlier enforced. Not that Sir Richard Bourke was to blame for

this. The change he instituted should have been made by his

predecessors. But he was probably superior as an administrator to most

who had gone before. At least he was clear-sighted enough to perceive

that New South Wales had already outgrown the conditions of a mere penal

settlement. He was of opinion that convict labour was no longer

required, and that the abolition of transportation would be really a

benefit to the colonial community. He was in this ahead of his time, but

within a year or two of the close of his reign the same views began to

be widely entertained both in Great Britain and her colonies. In fact,

the period was now approaching when the idea of the possible abandonment

of transportation was to take a tangible and substantial form.

Prisons Over Seas Deportation and Colonization; British and American Prisons of To-day · 第 2 / 13 章