CHAPTER IV

A CONVICT COMMUNITY

Convicts in public hands--How employed--Road parties--Chain gangs

and the penal settlements--Life and labour in each--Classes of

convicts--The emancipists--Many acquire great wealth--Irritation

among the free settlers--Growing party pledged to abolish

transportation--Deplorable state of the Colony--Crime

prevalent--Drunkenness the besetting sin--Judge Burton's charge:

"Transportation must cease"--Arguments against it.

In the latter part of the preceding chapter I have dealt with convicts

in assignment. These of course did not comprise the whole number in the

colony. Putting on one side the ticket-of-leave men,--who were still

really convicts, though for the moment and during good behaviour masters

of themselves,--and not including emancipists, who though, to all

intents and purposes, men free as air, still carried a class-brand which

generations only could efface--there were, in addition to the servants

assigned to private individuals, a large body of convicts retained in

the hands of the government of the colony. A certain proportion of these

were men so chosen on arrival for satisfying certain demands, and

therefore kept back from ordinary assignment because the government

officials, so to speak, assigned them to themselves. There were public

works to be carried out, and the government was clearly as much entitled

to share in the supply of convict labour as the settler. It was said

that the condition of these convicts in government employ was always

worse than those in private hands. About one fourth of the whole

available number were thus appropriated for the colonial works. But over

and above these, the government held the entire number of refuse

convicts in the colonies. Every man who did not get on with his master;

every man who committed himself, and was sentenced to undergo any

correction greater than flogging or less than capital punishment, came

back to government, and was by it disposed of in one of three ways:

First, the road parties; second, the chain-gangs; and third, the penal

settlements.

The road parties were employed either in Sydney itself and other towns,

or along the many miles of roads wherever their services were required.

Those at Sydney were lodged in the Hyde Park barracks, whence they

issued forth daily to their work, under the charge of overseers, at the

rate of one to every thirty men. These overseers were themselves

convicts; chosen for the post as being active, intelligent, and perhaps

outwardly more respectable than their fellows. Naturally the control of

such overseers was not very vigilant. They were paid no wages, and had

no remuneration but certain increased indulgences, such as an allowance

of tobacco and other minor luxuries. Hence they connived at the absence

of any men who were disposed to forage in the town and run the risk of

capture. If caught thieving, or as missing, the culprits were to take

the consequences; but if all went well, they shared whatever they stole

during the day with their complaisant overseer. Parties in the country

were under similar management, but they were dispersed over such a very

wide area that efficient supervision was even more difficult. The

surveyor-general of the colony was the responsible head of the whole

department; but under him the parties were actually worked by these

overseers. The convicts were free to come and go almost as they pleased.

Their dwellings were simple huts of bark, which presented no obstacles

to egress after hours at night. In the day time they were equally

unrestrained. They did odd jobs, if they pleased, for the neighbouring

settlers, though under Sir Richard Bourke's assignment rules, which were

promulgated in 1835, any settler who gave employment to convicts from

the road parties thereupon forfeited all his assigned servants. Any

artisan might earn money as blacksmith, carpenter, or cooper. Many

others were engaged in the straw hat trade, a very favourite occupation

for all the convicts. Great numbers, less industriously disposed, spent

their time in stealing. A large proportion of the robberies which were

so prevalent in the colony were to be traced to the men of these parties

on the roads. They were highwaymen, neither more nor less; and every

settler far and near suffered from their depredations. Sometimes they

went off in gangs, and, encamping by the side of the road, laid every

passing team under contribution. Increased facilities were given for the

commission of these crimes through the carelessness of the settlers

themselves, when they were permitted to employ men from the road parties

on Sundays or during leisure hours. Wages in cash were paid in return,

and the door was thus open to drunkenness and the evils that follow in

its train. Worse than this, at harvest time, when the road parties were

eagerly drawn upon for the additional hands so urgently required, the

settlers were in the habit of giving the men they had thus employed

passes to rejoin the stations from which they had come. Of course the

convicts did not hurry home, and of course, also, they did no little

mischief while on their way.

The work that was done by these parties was certainly irksome in

character. Breaking stones under a broiling sun is not an agreeable

pastime. But the amount of labour performed was ludicrously small, and

has been described by an eyewitness as a disgrace to those in charge. On

the whole, therefore, the convicts of this class had no great cause of

complaint. They had plenty of congenial society, even outside their own

gangs, for they were not prevented from associating with the assigned

servants around; their food was ample; and they had abundant

opportunities for self-aggrandisement in the manner most agreeable to

themselves. It was not strange, then, that idle, worthless servants in

assignment greatly preferred service in the parties on the road.

Nevertheless, there were not wanting among the free residents

intelligent persons who saw how the labour of these road parties might

have been made really productive of great benefit to the colony. There

was still plenty of work to be done in developing colonial resources:

over and above the construction and repair of roads, they could have

been usefully employed in the clearance of township lands, the widening

and deepening of river beds, in quarrying, fortifying, and building

piers. But to have accomplished these results, a system more complete

than any that was even dreamed of then must have been indispensable.

Success only could have come from regular effective supervision by a

thoroughly trustworthy staff, and by carefully constructed prison

accommodation, such as was provided later in carrying out public works

by convict labour in Western Australia.

In the chain-gangs there actually was greater restraint, and some

semblance of rigorous discipline. The convicts were relegated to this

system of punishment as a general rule for colonial crimes, though at

times new arrivals of a desperate character were also drafted into them

at once. In these gangs the convicts were kept in close custody, and

condemned to work which was really hard. There were some few

chain-gangs in Sydney, living on board a hulk, employed at the magazines

on the island, and in improving the streets; but as a general rule they

were to be found chiefly at out stations, or in the interior. They were

guarded always by a detachment of troops, and when most efficiently

organised were governed by a military officer, who was also a

magistrate. Under him there was also a superintendent in charge of each

stockade or barrack, with a staff of constables in the proportion of one

to seventy-five convicts. The duties of the constables were analogous to

those of warders in permanent prisons at home. The stockades were

substantial buildings, in appearance somewhat similar to American log

houses, but of greater strength, sufficient to preclude all possibility

of escape. These stockades accommodated one hundred or more men each.

They were of simple construction: the walls formed of timber, split into

strong slabs, which rested in grooves at top and bottom; the roof was of

timber also, covered with bark. In most cases the materials were found

close to the spot, timber being everywhere plentiful; but it was

possible to take down the stockade and remove the pieces to another

locality if required. The prisoners were not badly fed, on flour, maize

meal, and beef. Their clothing was two suits a year. They had medical

attendance, and regular divine worship. Their beds were of plank, but

there was no lack of bedding. The great hardships were the unremitting

labour--at not less than ten hours daily, and in chains--leg-irons

weighing six or seven pounds, which were never for a moment removed. So

important were these irons considered, that it was the stockade

superintendent's business to examine closely every prisoner's chains

daily before the stockade was emptied for labour. In this way chiefly

escapes were prevented, as the convict found himself rather too heavily

handicapped to run, carrying with him several extra pounds of metal.

One other unpleasant feature at the stockades was the official

"scourger," as he was called--a convict specially appointed to execute

corporal punishment. He was not himself an "iron-gang" man, but came

from assigned service together with the convicts' cooks and wardsmen

required for the interior economy of the stockade. What with work

unremitting, weighty chains that were never removed, isolation from the

dissipation of the towns, the convict in the iron-gang was on no bed of

roses. Nor could he, under the later régime, escape as easily as he had

done heretofore. Sentries with loaded muskets guarded every exit, and

they gave him only one chance to halt when summoned, before they fired.

After two years' trial Sir Richard Bourke reported that his new system

was eminently successful. By its assistance he was at length enabled to

dispense altogether with the road parties without irons, which I have

already described as being so fruitful of evil to the community at

large. Another evil to which I have not referred, and which was

attributable to the slackness of control over these road parties and

chain-gangs, was the existence of a class of desperadoes sufficiently

well known to every reader--I mean the notorious "bushrangers" of the

Australian colonies. Certain numbers of these were recruited from among

the assigned servants, who absconded when they and their masters could

not agree, but by far the greater proportion was furnished by the

government gangs, escapes from which were for a long time frequent and

generally successful. Whenever a man of courage and ability got away, he

collected around him a band of brigands like himself; and then, for

periods varying in length according to the nature of the pursuit, these

villains subjected the whole neighbourhood to their depredations. They

attacked chiefly the outlying huts and houses, but seldom large

establishments. One case was known where some sixty men of a chain-gang

had plotted to break out simultaneously and make for the bush. Thence

they were to march on Macarthur's station, bent on pillage. Nothing came

of this plot, because precautions were taken to meet it. But at other

times bloody affrays were common enough between the bushrangers and the

mounted police. Indeed, it was well known that unless a gang of these

highwaymen was entirely exterminated there was no peace for the district

in which they were at large. If one survivor escaped he soon became the

nucleus of a new gang. What between attacks on dwelling-houses, and the

daily stoppage on the highways of carts and wagons, the country

generally was most insecure. People went about in fear of their lives.

The penal settlements contained, as a matter of course, the dregs of

convictism. These settlements were the superlative degree of infamy. The

convicts in the road parties and chain-gangs were bad enough, Heaven

knows, but they were angels of light compared to those in the penal

settlements. Offenders were not indeed transferred to these terrible

receptacles till all other treatment had failed. When there, "it

seemed," to quote Judge Burton's words, "that the heart of a man was

taken from him, and that he was given the heart of a beast." It will not

beseem me to go fully into all the details of these cesspools of

iniquity, but I shall have to refer at some length further on to Norfolk

Island, the worst of them all. The settlements used as penal by New

South Wales were Moreton Bay and Norfolk Island; whereas Van Diemen's

Land used Tasman's Peninsula. This place was cut off altogether from the

settled districts, having only one communication--at Forestiers

Peninsula--with the main island. On this neck of land, between Pirates'

Bay and Norfolk Bay, stood an officer's guard; and besides his sentries,

a chain of fierce dogs kept watch and ward from shore to shore. These

dogs had been trained to give tongue at the slightest noise day or

night. So successful was the guard they kept, that only two prisoners

ever escaped from Port Arthur. One was recaptured, the other died in the

woods. This station on Tasman's Peninsula had the great advantage that

it was not, like Norfolk Island, distant several days' sail. Being but

six hours from headquarters at Hobart, it was brought directly under the

supervision of the governor and other officials.

I have now described the condition and style of life of all convicts,

still such; of all, I mean, who were not yet nominally or actually free.

The whole of these were comprised in the numbers at assigned service, in

the road parties, chain-gangs, or penal settlements.

Next above them, on a sort of debatable land, free for the time being,

but liable to degradation anew, stood the convict on ticket-of-leave.

This expression and the practice to which it applies has been adopted

into home legislation and language, but the term itself was a colonial

invention. The first tickets were granted by Governor Phillip with the

intention of instituting some stage intermediate between complete

freedom and actual restraint. As time passed new orders varied the

details; but the meaning of the term remained practically the same. The

holder of a ticket-of-leave was a convicted felon, who had permission to

be at large before the whole term of his sentence had actually expired.

At the top of the convict ladder were the emancipists, whose term of

transportation was at an end, who were free to return to the land from

whence they came, and begin life afresh, but who were never actually

whitewashed in the colonies, or permitted to rise in the social scale to

an equality with the free settler who had never broken the laws. We have

seen how successive governors sought to bring the emancipists forward,

and the heartburnings it occasioned. Their efforts were doubtless

supported by the wealth and importance of many of the emancipist class;

but it was on this account that the antagonism exhibited by the free

population was the more unvarying and bitter. Many of the respectable

inhabitants had been outstripped in the race for fortune by men who had

arrived in the colony bearing the felon's brand; and the free settlers

felt that in fighting against the pretensions of these ex-convicts they

were fighting for very life. The position of the latter was so strong,

that with the slightest success they would have swamped the former

altogether. No doubt the injudicious tone of the emancipist press, and

the flagrant conduct of many of the principal emancipists, drove the

free settlers into opposition more strenuous than was absolutely

required. A man who had been a convict was not necessarily to be taken

by the hand and made much of from pure sentimental philanthropy. But

neither, on the other hand, should he have been kept perpetually at a

distance, and treated as an outcast forever. It was because the

emancipists formed a body so powerful that their opponents were more or

less afraid of them, and stood really at bay, fighting with their backs

to the wall. Not a little of this bitter hostility has survived to the

present day. Even now, in the towns where transportation had effect, the

convict element stands in a class apart; there are caste distinctions

stronger than any in the mother country, of which the barriers are

rarely, if ever, overpassed.

But beyond question, many of the emancipists throve. The pictures drawn

of their wealth and prosperity may be a little exaggerated, but in their

main outlines they were undoubtedly true. There was one who made a

fortune of £45,000 in a year. Several others had incomes of £20,000. One

or two of the largest shops in Sydney were owned by them. They had

public-houses, and farms, and ships, and newspapers, and all the outward

signs of material wealth. They spared no pains or cost to get gorgeous

furniture and costly plate. They had grand carriages and good horses,

and were fond of lavish and ostentatious expenditure. But with all this,

low tastes prevailed. No one bought pictures or works of art: the only

literature they valued was the "Newgate Calendar," and they preferred a

prize-fight any day to an opera or a decent play. It was said, indeed,

that the principal wealth of the colony was for a long time held in the

hands of those emancipists. Honest people less successful in the race

for money declared that these others made fortunes because they were

quite unscrupulous. No doubt the accusation held. One case was proved

in which a certain shop undersold all others, simply because its owner,

an ex-convict, was a receiver of stolen goods, which he naturally was

able to retail at remarkably cheap rates. A number made their fortunes

by dealing only with their fellow-convicts, whom a sort of freemasonry

attracted always to convict shops. The practice, at one time prevalent,

and to which I have already referred, of giving small grants of land to

ticket-of-leave men, was another opening to convict shopkeepers and

general dealers. These farmers came into Sydney to sell their produce.

As there were no markets, certain individuals bought all that came,

paying for the same in "property,"--in drink, that is to say, and other

articles of consumption. The countrymen got drunk always, and stayed a

day or two on the same spot: at last the landlord would ask if they knew

how much they owed, and name the amount as £50. When they expressed

surprise, he would tell them they had been too drunk to know what they

were doing. Of course the victim was unable to pay, and had to sign a

power of attorney, or paper binding himself to give up all his produce

until the debt was cancelled. This fraud was repeated again and again,

till all the man's property was pledged. Then he was sold up. One man

had been known to drink away his farm of 100 acres in a single night. It

was by carrying on this line of action that the emancipist already

mentioned as worth £20,000 a year became a large landed proprietor. But

he was also a thrifty, careful man, from the time he had come out when

almost a boy with one of the first fleets. He was a sober man, moreover;

and when spirits were issued to the convicts employed in building at

Parramatta, he saved his and sold it to his fellows. Then, putting by

all the time he was a prisoner every shilling he could make, he was able

when free to set up a public-house, and buy a horse and gig which he let

for hire. One day when his trap was wanted he drove it himself, and had

as "fare" an ex-convict woman who owned a little property--some two or

three hundred pounds. This woman he married, and thus little by little

increased his possessions.

On the whole it was not strange that there should be fierce warfare

between the better classes and the emancipists as a body. Beyond doubt,

the emancipists formed a very corrupting element in general society.

They looked with leniency on men who had committed serious crimes, and

welcomed those whom honest people naturally shunned. One of the sorest

points of contention was the admission of these emancipists to serve on

juries in criminal and other trials. It was not alone that they leaned

to the side of the accused, and could not, even in cases clearly proved,

be persuaded to convict; but respectable people objected to be herded

with them in the same panel. The question was warmly argued. Petitions

were presented for and against; and this of itself showed the extent to

which the convict element arrogated power to itself. One petition

praying for the abolition of the practice was signed by the clergy,

landowners, merchants, and gentry generally; while the counter petition

was prepared and signed mostly by men on ticket-of-leave. Irritated,

undoubtedly, by the general state of affairs, a party among the free

settlers grew up, and daily gained strength, which was pledged to the

abolition of transportation.

Truly the state of New South Wales was at that time terrible. Crime was

extraordinarily prevalent. Morals were loose and drunkenness was the

besetting sin of the colony. It affected all classes. Drunken people

were to be seen in all directions, men and women fighting in the

streets, and riotous conduct everywhere. At the Rocks--the Seven Dials

of Sydney--scenes of debauchery were repeated and always disgraceful. In

the upper classes, at the hotel bars, the same tastes prevailed; and the

gentry fuddled themselves with wine, just as the lower orders did with

rum. This _penchant_ for drink was curiously contagious. Free emigrants

who came out with sober habits were soon as bad as the old hands. Of

course among the convict class the drunkenness knew no bounds. The

favourite drink was rum--not fine old Jamaica, but East Indian, fiery

and hot--which was handed round undiluted in a bucket at all regular

"sprees." Often assigned servants were found downstairs hopelessly drunk

while host and guests waited upstairs for dinner, the roasts being in

the fire and the meat boiled to rags. Even good servants, fairly honest

and capable, could not resist the bottle. The hardest drinkers were the

"old hands," or convicts who had finished their terms and had become

free. These fellows worked hard for a year or two till they had put by

some £40 or £50, then posted off to Sydney to squander the whole in one

big debauch. They stood treat to all,--rum flowed like water,--and if

the money did not go fast enough they called for champagne. "It is, in

truth, impossible to conceive," continues the same writer, "the lengths

to which drunkenness proceeds and the crime it leads to, not only to

obtain the means of gratification, but as a consequence on indulgence."

To purvey to the universal thirst there were dram-shops and publics by

hundreds everywhere. Licenses were seldom, if ever, refused, even to

persons of unknown character. For them it was quite sufficient to get

the good word of the chief constable--himself an old convict. He was not

above a bribe, and his recommendation always carried the day. "In no

city of the world," says Byrne, "are there the same proportion of

public-houses, paying high rent, and doing an excellent business....

From high to low--the merchant, mechanic, and labourer, all alike are a

thirsty community. The bar-rooms of the hotels and inns are as much

crowded as the taps of the dram-shops. Drink, drink, drink, seems to be

the universal motto, and the quantity that is consumed is incredible;

from early morning to night it is the same--Bacchus being constantly

sacrificed to."

Of the extraordinary prevalence of crime there could be little doubt.

One eminent judge spoke of the colony as composed of two classes; one

whose main business was the commission of crime and the other, the

punishment of it. The whole colony, he said, seemed to be in motion

towards the courts of justice. Beyond question the criminal statistics

were rather startling. The number of convictions for highway robbery in

New South Wales alone was equal to the whole number of convictions for

all offences in England. Murders and criminal assaults were as common

out there as petty larcenies at home. The ratio was one offender to

every twenty-two of population; while in England about the same period

it varied from one in seven hundred and forty to one in a thousand. It

is but fair, however, to state that nearly the whole mass of crime

proceeded from the convicts, or those who had been such. Among the

reputable portion of the population the proportion was no greater in New

South Wales than elsewhere. Sydney was a perfect den of thieves; and

these, being indeed selected from the whole felonry of England, were

quite masters of their business, and stood at the head of the

profession. The report of the police magistrate of Sydney, printed in

October, 1835, gives an awful picture of the state of the town. Of the

whole population of twenty thousand a large proportion were prisoners,

past or present, "whose passions are violent, and who have not been

accustomed to control them, yet for the most part have no lawful means

of gratifying them. It includes a great number of incorrigible

characters, who, on obtaining their freedom, will not apply themselves

to any honest mode of earning their living, but endeavour to support

themselves in idleness and debauchery by plunder."

"There is more immorality in Sydney," he continues, "than in any other

English town of the same population in His Majesty's dominions." It

contained two hundred and nineteen public-houses, and there were besides

sly grog-shops innumerable. "There is no town which affords so much

facility for eluding the vigilance of the police. The unoccupied bush

near and within the town itself will afford shelter to the offender and

hide him from pursuit; he may steal or hire a boat, and in a few minutes

place an arm of the sea between him and his pursuers.... The

drunkenness, idleness, and carelessness of a great portion of the

inhabitants afford innumerable opportunities and temptations day and

night to live by plunder." Sir Francis Forbes, the Chief Justice of the

colony, endorses the foregoing statements. "That this is a true

description," he says, "of the actual state of Sydney cannot be denied."

Another powerful voice was raised by Judge Burton, whose charge to the

grand jury of Sydney in November, 1835, attracted universal attention.

Not alone were crimes constantly detected and punished, but others,

often the most flagrant, stalked undiscovered through the land. And

numerous executions exercised no effect in deterring from crime. The

example of repeated capital punishments caused no alarm. There was no

attempt by the masters to raise the moral tone of their convicts; no

religious worship on Sundays, as we have seen; and instead of it,

drunkenness and debauchery. Masters, indeed, exercised hardly any

control over their men. To this Judge Burton traced nearly all the

crime. Many of the most daring robberies were to be attributed to this,

and this alone. Convict servants, as many as five and six together, went

about openly to plunder, masked, and armed with muskets--a weapon not

capable of much concealment. Even in broad daylight, and in the open

highway, harmless folk had been stopped by these miscreants and robbed.

In a word, Judge Burton intimated clearly that transportation must

cease. The colonies could never rise to their proper position; they

could not obtain those free institutions for which even then they were

agitating; in a word, the whole moral aspect of the colony suffered so

terribly by the present system, that the time must come when it must be

abandoned altogether.

The reader who has followed me through this and the preceding chapter

will probably admit that the method of transportation, as it had been

administered, was indeed a failure. Looking at the actual tangible

results, as they appeared at that date, at an early period of the

colonial history, and before years of subsequent prosperity and cleanly

life had purged the colony of its one constant infectious bane, they

were most unsatisfactory. Hardly any one could be said to have profited

in all these years but the convicts for whom transportation had been

instituted. But it had been instituted as a punishment, not as a boon;

and although we cannot actually quarrel with a system which had the

undoubted effect of turning large numbers of criminals into wealthy and

therefore, to a certain extent, honest men, we may fairly condemn it on

principle. Transportation to the antipodes was about the kindest thing

we could do for the criminal class. It was, indeed, removing them to a

distance from their old haunts and ways of life, but they went to a land

flowing with milk and honey. After the earlier years the vague terrors

of that unknown country had disappeared. Hardly a family of thieves but

had one or more relatives at the other end of "the pond." Those without

relatives had numerous friends and pals who had gone before. Besides

which there was this distinct anomaly, that convicts were now sent for

their crimes to a land which was held out as a land of promise to the

free emigrant. "It not unfrequently happens, that whilst a judge is

expatiating on the miseries of exile, at the same time, and perhaps in

the same place, some active agent of emigration may be found magnifying

the advantages of the new country; lauding the fertility of its soil,

and the beauties of its climate; telling of the high wages to be there

obtained, the enormous fortunes that have been made; and offering to

eager and willing listeners, as a boon and special favour, the means of

conveyance to that very place to which the convict in the dock has been

sentenced for his crimes."

But all the arguments against transportation are now as clear as

noonday. It failed to reform, except in a curiously liberal,

unintentional fashion; it was no punishment; it was terribly costly; and

as it was carried out was, at least for a time, distinctly injurious to

the best interests of the colonies in which it took effect. Archbishop

Whateley summed up the situation in forcible language in his "Thoughts

on Secondary Punishment."

"In any of the leading requisites of any system of secondary punishment

transportation was defective. Thus, it was neither formidable--in other

words, the apprehension of it did not operate as much as possible to

deter men from crime, and thus prevent the necessity of its actual

infliction--nor was it corrective, or at least not corrupting--tending

to produce in the criminal himself, if his life be spared, and in

others, either a moral improvement, or at least as little as possible of

moral debasement. Nor, lastly, was it cheap, so as to make the

punishment of the criminal either absolutely profitable to the

community, or at least not excessively costly. In all these requisites

transportation had been found deficient, but chiefly in the most

important, viz. in the power of exercising a salutary terror in

offenders."

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