CHAPTER XIII.

EMANCIPISTS AND FREE POPULATION.

Respecting the next class of which the population consists in our

penal colonies,--that of emancipists, or persons formerly in bondage as

convicts, they appear to be pretty nearly what might be expected of a

body of men under such circumstances. Although there are many honourable

exceptions to the general rule, yet it would seem to be a general rule

that roguery and industry are usually connected among them; and that

where an emancipist is less inclined to be dishonest, he is more

inclined to be idle and improvident; while it often occurs that both

faults are found together in one person. Of course, it would be vain to

hope that _all_ convicts, or even the majority, perhaps, should become

completely reformed; but it is sickening to the heart that has any

christian feeling, to find descriptions like the following, given by one

amply qualified to judge, of the deplorable moral and social state of

many of those unhappy men after their time of service has expired. "The

newly-arrived convict" (Mr. MacArthur states) "sees examples immediately

before him of men, formerly in the same condition with himself,

wallowing in licentiousness, and possessed of wealth, amassed generally

by dishonest means, which they continue, in many instances, still to

augment, by keeping grog-shops and gambling-houses, by receiving stolen

goods, and by other nefarious practices. This is the general conduct of

the class of emancipated convicts who acquire property, as well as of

some unprincipled adventurers in the class of free emigrants. There are,

however, among the emancipated convicts of property exceptions from this

prevalent depravity; rare, indeed, and on that account the more

honourable."[199] And numberless, in the earlier history of New South

Wales, are the evil consequences which are recorded to have arisen from

the necessity which then existed of employing either convicts, or else

men recently emancipated, in places of the highest trust and importance.

One striking example may suffice; and it is believed that no injustice

is done to the class of men now alluded to, when it is stated that the

guilty parties were persons belonging to that body. Soon after the

departure of Governor Hunter, in 1800, it was discovered that the clerks

who were admitted to the registers of the terms of the transportation of

the convicts, had altered the sentences of nearly 200 prisoners, on

receiving from each a sum equal in value to ten or twelve pounds.[200]

Of these examples the early history of the colony is full; but, in later

years, it may be hoped, that time, and public opinion, and the tide of

emigration, have combined to render the conduct of persons belonging

to this class less generally objectionable than it formerly was. The

greater portion of the shop-keepers, and what may be called the middling

classes in Sydney, were emancipists; and their wealth and influence were

so great, that, during the years 1834, 1835, and 1836, one-fourth of the

jurors who served in the civil and criminal courts belonged to that

body. These persons are often very little educated; and young men

possessed of from 1000_l._ to 2000_l._ a-year in stock, can sometimes

neither read nor write. Cock-fighting, driving, and badger-baiting, are

pursuits that occupy youths of this class very frequently; and a showy,

tawdry style of dress, engages the attention of the young women.

Certainly, it is not of materials of this kind, that the English

constitution would have juries composed; and it is not surprising that

so large a proportion of jurors, who have themselves once stood at the

bar of justice, should be the means of carrying undue partiality for the

guilty into the jurors' box, and also of keeping out of that responsible

station all those who can in any way escape its duties.[201] Respectable

men will not, if they can avoid it, sit in the same box with men who go

in with their minds entirely made up to acquit the guilty, whatever may

be the tenor of the evidence to which they have just been listening,

whatever the sacredness of the oath they have recently taken. If

practical experience is of any real value, then it may safely be

pronounced that men, who are scarcely fit to enjoy the privilege of

sitting upon juries, are certainly at present unprepared for the

introduction of a representative form of legislation and government.

The civil juries of New South Wales have held the scales of justice

uncommonly even, for they have managed to acquit about 50 per cent. of

the persons tried; whereas in Great Britain, and even in Ireland, the

acquittals are 19 per cent., and the convictions 81 per cent. A strange,

but not unaccountable difference, which, so long as it may continue,

will furnish a strong argument of the unfitness of the colony for a

representative assembly. Men that have not the principle to put good

laws into execution, are very ill qualified to make good laws, or to

elect good legislators. And when, to suit party purposes, a clamour is

raised about the injustice of denying fresh "constitutional rights"

to our fellow-subjects in Australia, we may quietly dispose of this

(hitherto absurd and mischievous) claim by referring the very parties

raising it to the accounts published, under the sanction chiefly of men

of their own opinions, respecting the use made of those rights with

which the inhabitants of the penal colonies are already invested. When

the evils of the system of transportation are to be exposed, the truth

may be told respecting the state of the Australian juries;[202] but

why should it not be still declared,--why should not truth _always_ be

told,--even at the hazard of checking "liberal principles," and delaying

representative houses of assembly for the Australian colonies, until the

time when they may know how to use them, so that these may prove a

benefit instead of an evil to them?

[199] Evidence of J. MacArthur, Esq., before the Committee on

Transportation, in 1837, No. 3371-2, p. 220. The richest man in the

colony, an emancipist, was said, in 1837, to be worth 40,000_l._ or

45,000_l._ a year. For an account of the shameless roguery, and drunken

folly, by means of which so vast an income was amassed, see Report of

Transp. Com. 1837, p. 14 and 104.

[200] Barrington's History of New South Wales, p. 421.

[201] For the mode in which the law admitting emancipists into the

jurors' box was passed, see Lang's New South Wales, vol. i. p. 317-320.

"Two absent members of the Legislative Council were known to be opposed

to it. Of those present, the governor (Bourke) and five others were in

favour of it, while six were against it. The governor gave a second and

casting vote."

[202] See Report of Transportation Committee, 1838, p. 31. "A large

proportion of the persons who have appeared and served," as jurors,

"are publicans," to whose houses prosecutors, parties on bail, or

witnesses, resort, for the purpose of drinking, while in attendance

upon the court. Once, when a jury was locked up all night, much foul

and disgusting language was used; and to gain a release from this

association, the disputed point was yielded; "no greater punishment can

be inflicted upon a respectable person than to be shut up with such

people for a few hours, or for the night."

See Burton's Letter, Appendix to Transportation Committee's Report,

1837, p. 301-2. Dr. Lang's book on New South Wales abounds in wretched

puns, but one rather favourable specimen may be given, when, in

allusion to the Englishman's right of being tried by his peers, the

Doctor styles the jurors above described "_the Colonial Peerage!_"

Respecting the last and highest class of society in our penal colonies,

the _free population_, no great deal need be said in particular, since,

except from peculiar circumstances, they are pretty much the same in

character with the bulk of the population in any other country. But

their peculiar circumstances must, in fairness to the class last

mentioned, be briefly noticed. Undoubtedly, without any disrespect to

emigrants, it may be laid down as an acknowledged fact, that hitherto

this class, though it has comprised many excellent, clever, and good

men, has not usually been composed of the flower of the English nation.

Supposing that things are now altered for the better, time was--and that

not many years ago--when "every one that was in distress, and every one

that was in debt, and every one that was discontented," was apt to swell

the tide of emigration to our British colonies in Australia. Upon

arriving there they found a regular system of _caste_ established; and

since as members of the _free_ population they were at once exalted to

the highest places, this was a system which in most cases flattered the

pride of the settlers. Possibly many of the faults of the emancipist

class might be traced to the treatment they have received at the hands

of the free, and these faults react again as causes and excuses for

keeping them at still greater distance than ever. And however natural,

however necessary, a distinction of ranks is and must be in every

society of men, yet nothing can be more unnatural or mischievous than a

system of dividing men into _castes_. Unhappily, this division, the

fruitful source of all kinds of evil feeling, has to a great extent

prevailed in our penal colonies; and nothing, it may be boldly asserted,

except religion will ever root it out. Attempt to continue the exclusive

privilege of _caste_ to the free population, and you sow the seeds of a

servile rebellion. Open your hands to give concessions and privileges to

the emancipists, and you scatter good seed upon the stony rock, you

vainly endeavour to satisfy the daughters of the horse-leech. But infuse

a christian feeling into all classes, get them to meet in the same

church, to kneel at the same table, to partake in the same spiritual

blessings, and then you may hope that all, whether free or emancipists,

will feel themselves to be members of one another, portions of the same

body, held in union of heart and soul by means of the same head; "for by

One Spirit are we all baptized into one body, whether we be Jews or

Gentiles, whether we be bond or free, and have been all made to drink

into One Spirit."[203]

[203] 1 Cor. xii. 13.

After all that has been stated respecting the three great classes into

which society in Australia is divided, it need scarcely be added that

the taste displayed by many of the inhabitants of the metropolis of

New South Wales is none of the purest or best. Gay equipages, dashing

horses, tandems, and racers, are among the favourite exhibitions of

the wealth of the emancipist. For music or paintings but little taste

prevails in Sydney, and for books, except those of a very low and

worthless character, there is no great demand. A fine house, a fine

carriage, fine horses, plenty of spirits to drink, appear to be thought

the chief goods of human life; and among persons in every class, the

acquisition of money is the one great object. Indeed this last passion,

the love of gain, can scarcely be mentioned among the perverted habits

by which the Australian colonies are infested, since it seems scarcely

possible that the worship of Mammon can be practised more openly or

carried much further than it is in the mother country. Yet the

temptations to prefer gain to every thing else are unusually strong

in these settlements. Professions have been abandoned because they

are laborious and unprofitable, while clergymen, medical gentlemen,

soldiers, government officers, in short, all classes of men, have made

haste to get rich by holding land and stock. An estate, which originally

cost little or nothing, grows yearly in value, without a penny being

spent upon it; stock speedily increases at very small cost, for there is

abundance of pasture for it; and when the settler finds these means of

gaining wealth opened to him, he is too apt to devote all his thoughts

and energies to this one object. "I have known," says Captain Grey, "an

honourable member of council, and leading magistrate in a colony, take

out a retail licence, and add to his already vast wealth from the

profits of a gin-shop."[204]

[204] Grey's Travels in Western Australia, vol. ii. pp. 192-3.

The evil spirit of covetousness assumes to itself various shapes and

appearances according to varying circumstances; and among the characters

which it calls into life in Australia, that of a _land shark_ is one of

the most remarkable and hateful. When an emigrant arrives at Sydney, he

is able, perhaps after considerable delay, to give notice to Government

of his wish to purchase some desirable spot of land, which is then

selected to be put up to auction; and when it has been duly surveyed,

the sale at last takes place. But to the poor emigrant's astonishment

and disappointment the land, which he has chosen so as not to interfere

with other property, which is unoccupied, and entirely useless both in

a public and private sense,--is bid for, and finally knocked down

to another at an unreasonable price.[205] This other person is a

"land shark," who has gained, perchance, a fortune by regularly attending

sales and buying up land that is known to be desired by another. The

"shark," true to his name, wishes either to get his opposition bought

off by a bribe, or else hopes to sell his bargain at a profit from the

unwillingness of his victim to lose any more time or money in gaining

a settlement, with the risk of meeting, after all, with a second

disappointment. In case of the "shark's" scheme proving unsuccessful,

there is only the small trifle required as earnest of the purchase to be

paid; of course he never completes the engagement, and in due time, in a

year possibly, the land is declared forfeited to the crown again. Such

is the occupation of a "land shark," and it would be well if these and

similar pests of society were confined, like their namesakes of the

ocean, to the more sultry latitudes, but unfortunately they are not

altogether without their antitypes and imitators in Great Britain.

[205] The system of starting from a certain fixed sum per acre, named

"the upset price," and selling land at whatever it will fetch beyond

this, is established in most of the Australian colonies. The fund thus

produced is spent in encouraging emigration and providing labourers.

There is another character, which, if not peculiar to Australia, is

called into being only in those colonies where a large extent of land

in its natural state remains unappropriated to any individuals. The

_squatters_, as they are called, are men who occupy with their cattle,

or their habitations, those spots on the confines of a colony or estate,

which have not as yet become any person's private property. By the

natural increase of their flocks and herds, many of these squatters have

enriched themselves; and having been allowed to enjoy the advantages of

as much pasture as they wanted in the bush, without paying any rent

for it to the government, they have removed elsewhere when the spot was

sold, and have not unfrequently gained enough to purchase that or some

other property. Thus the loneliness, the privations, and the perils of a

pastoral life in the bush, have often gained at length their recompense,

and the squatter has been converted into a respectable settler. But this

is too bright a picture to form an average specimen of the class which

we are describing. Unfortunately, many of these squatters have been

persons originally of depraved and lawless habits, and they have made

their residence at the very outskirts of civilization a means of

carrying on all manner of mischief. Or sometimes they choose spots of

waste land near a high road, where the drays halt to get water for the

night, and there the squatters knock up what is called "a hut." In such

places stolen goods are easily disposed of, spirits and tobacco are

procured in return for these at "the sly grog shops," as they are

called; and in short they combine the evils of a gypsy encampment and a

lonely beer-shop in England, only from the scattered population, the

absence of influential inhabitants, and the deplorably bad characters of

the men keeping them, these spirit shops are worse places than would be

tolerated in this country. It is stated that almost all the men by whom

these resorts of iniquity are kept, are either ticket-of-leave men or

emancipists. It is no easy thing to suppress these people, for the

squatters, like the black natives, can find a home wherever they betake

themselves. And it must be owned, that considerable good has resulted in

many instances from these forerunners of civilization having penetrated

into a district, and learned some of its peculiarities and capabilities

before a settlement in it has been regularly formed. Indeed, it would

have been unjust to have been severe with the poor squatter, and his two

or three sheep and cattle, when it had long been the practice of the

most wealthy landowners in the colony, to send their stock-man with

their hundreds of heads of cattle into the bush, to find support exactly

in the same way, and without paying anything to government. The rich

proprietors have a great aversion to the class of squatters, and not

unreasonably, yet they are thus, many of them, squatters themselves,

only on a much larger scale; nor are they more inclined, in many

instances, to pay rent for their privileges than their more humble

brethren. It would appear to be the fairest and best way of dealing with

these various descriptions of squatters, to endeavour to cut up, root

and branch, the "sly grog shops," and road-side gentry, while the owner

of one sheep, or he that possesses 10,000, should be equally compelled

to pay a trifle to government, in proportion to the number of his stock

grazing in the bush, and should likewise have his location registered.

Some regulations of this kind are, it is believed, proposed, if they

have not by this time been brought into operation; and thus we may hope,

that whatever benefits the system of _squatting_ may have produced,

either as an outlet for restless spirits, or as a means of extending

colonization, may still be retained, while the numerous evils that have

sprung up along with it may be checked or got rid of. Respecting one

thing connected with this subject,--the religious knowledge and

spiritual condition of these inhabitants of the wilderness and their

children, the christian inquirer cannot but feel anxious. The result of

christian anxiety upon this matter cannot be better stated than in the

words of one deeply interested about it, and well qualified to weigh the

subject with all its bearings. After expressing his thanks to that

Divine Providence, which had enabled him, quite alone, to travel through

many miles of country almost without cultivation or visible dwellings,

the Bishop of Australia finishes his account of his visitation westward,

in the year 1841, with the following reflections:--"It would be

impossible for any one, without personal observation, to comprehend from

mere description what a field for future labour is now opening in these

as yet uncultivated, unpeopled tracts which I am continually traversing.

But the time is not far distant when many portions of them will be

thronged with multitudes; and in what manner those multitudes are to

be provided with means of instruction sufficient to retain them in the

christian faith, I am not able to foresee; as yet, no such provision is

made or promised. But when, in passing through these scenes, reflections

such as these have crowded upon me, and I am unable to return a

satisfactory answer to the question, 'How shall this be accomplished?'

I can find no better resource than to silence myself with '_Deus

providebit_;'[206] my trust shall be in the tender mercy of God for ever

and ever."

[206] Jehovah Jireh, that is, "the Lord will see or provide." See

translation in margin of Gen. xxii. 14.

Among the beings which, although not natives of the bush, appear to be

peculiar to the wilds of Australia, the class of men called Overlanders

must not be omitted. Their occupation is to convey stock from market to

market, and from one colony to another. They require, of course, a

certain capital to commence business with, and the courage and skill

that are needful in these enterprises must be very great, so that many

of the overlanders are said to be really men of a superior class. The

love of a roving life, the excitement of overcoming dangers both from

natural causes and from the fierce attacks of the natives, and the

romantic and novel situations in which they are frequently placed,

all combine to render some men exceedingly fond of this occupation,

which has also another strong recommendation, that it is often very

profitable. The magnitude of the adventures thus undertaken would

scarcely be credited, and often a whole fortune is risked in the shape

of cattle driven across the wilderness. One very important route pursued

by the overlanders recently has been in the same direction with Captain

Sturt's daring voyage, namely, from New South Wales to South Australia

by the course of the Murray. An instance is mentioned by Captain Grey of

an overlander who arrived at Adelaide in March 1840 from Illawarra, and

his stock at the end of his journey is reckoned up, and found at a

moderate computation to be worth no less than 13,845_l._[207] And during

fifteen months, including the whole of 1839 and part of 1840, there were

brought by the overlanders from New South Wales into South Australia

11,200 head of horned cattle, 230 horses, and 60,000 sheep, the value of

the whole of which amounted to about 230,800_l._ Importations of stock

immediately add a value to land, for what is the use of pasture without

animals to feed upon it? And indeed so large an introduction of those

primitive riches, flocks and herds, is almost sure to give a spur to

industry, and to assist the increasing prosperity of a rising colony.

Under the influence of this cause it is related that land in Western

Australia, which was bought for 23_l._ an acre in December, 1839, was

sold for 60_l._ an acre in February, 1840. And in other colonies where

overland communication takes place, instead of the cattle being brought

by sea, as in Western Australia, the effect is yet more astonishing.

There is much that is noble to admire in the character of the

overlanders, and their efforts have been productive of great advantage

to our recent colonies; indeed, it is perhaps in a great measure to

their exertions that the very rapid progress of Port Phillip and South

Australia may be ascribed. But there appears to be a certain wildness

about their character, which, while it fits them admirably for the

pursuit which they have chosen, renders them restless and uneasy in more

quiet and domestic spheres. The love of gain, too, is rather more of a

ruling passion with them than it ought to be, but that is a fault by no

means peculiar to the overlanders. Yet it affords a curious comparison

and a fresh proof of our nature being a fallen one, when we come

quietly to contrast the pains taken, the toils endured, and the risks

encountered, in order to supply a colony with "the meat that perisheth,"

against the indifference, feebleness, and apathy, which are exhibited

about the spiritual necessities of its inhabitants. Erect the standard

of worldly profit, and thousands will flock to it, unscared by danger,

unwearied by labour. But, meanwhile, how slow is the banner of the

Church in being unfurled, how few rally around it, when it is displayed;

in short, how much wiser in their generation are the children of this

world than the children of light!

[207] See Grey's Travels in Western Australia, vol. ii. p. 188.

Australia, its history and present condition containing an account both of the bush and of the colonies, with their respective inhabitants · 第 13 / 14 章