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+The Project Gutenberg eBook, The History of Tasmania, Volume I (of 2), by
+John West
+
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+
+
+
+Title: The History of Tasmania, Volume I (of 2)
+
+
+Author: John West
+
+
+
+Release Date: January 18, 2008  [eBook #24362]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+
+***START OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF TASMANIA, VOLUME I
+(OF 2)***
+
+
+E-text prepared by Jonathan Ingram, Jane Hyland, and the Project Gutenberg
+Online Distributed Proofreading Team (http://www.pgdp.net)
+
+
+
+THE
+
+HISTORY OF TASMANIA:
+
+by
+
+JOHN WEST,
+
+Minister of St. John Square Chapel, Launceston.
+
+VOLUME I.
+
+
+
+
+
+
+
+Tasmania:
+Henry Dowling, Launceston.
+1852.
+
+Tasmania:
+Printed By J. S. Waddell, Launceston
+
+Facsimile edition 1966
+
+
+
+
+TO HENRY HOPKINS, OF HOBART TOWN, ESQ.,
+
+THE
+
+HISTORY OF TASMANIA,
+
+UNDERTAKEN AT HIS REQUEST, IS RESPECTFULLY INSCRIBED
+
+BY
+
+THE AUTHOR.
+
+LAUNCESTON, SEPTEMBER, 1852.
+
+
+
+ADVERTISEMENT.
+
+The author takes this opportunity to thank the gentlemen who have
+allowed him, for several years, the use of their works on the colonies,
+and valuable original papers; especially the trustees of Lady Franklin's
+Museum, Messrs. R. Lewis, Hone, Gunn, Joseph Archer, Henty, P. Roberts,
+Wooley, and Pitcairn.
+
+The public are indebted to Ronald Gunn, Esq., for the section on
+Tasmanian Zoology; and to Mr. F. Wales for a useful list of the chief
+places in this country.
+
+
+
+
+CONTENTS--VOL. I.
+
+DISCOVERY.
+
+SECTION I.                            p. 1.
+
+
+Anthony Van Diemen, governor of Batavia--Sir Joseph Banks obtains
+Tasman's charts and journal--brass hemispheres at Amsterdam--discovery
+of Van Diemen's Land--Maria Island--visit of Captains Marion, Furneaux,
+Cook, Clerke, Cox, Bligh, D'Entrecasteaux--discovery of Bass' Straits by
+Bass and Flinders--Flinders' misfortunes and death--Baudin--misfortunes
+of our eminent navigators--monument erected by Sir John Franklin to
+Flinders.
+
+SECTION II.                           p. 20.
+
+Colonel Purry's project--opinion of Dalrymple--Cook's account of New
+South Wales--fleet assemble at Motherbank--Phillip governor--various
+opinions of the prospects of the colony.
+
+
+
+
+FROM 1803 TO 1824.
+
+
+SECTION I.                            p. 27.
+
+Van Diemen's Land occupied--state of Port Jackson at the time--Port
+Phillip occupied--abandoned--account of Buckley--debarkation at
+Sullivan's Cove--names of officers--Paterson occupies at Port
+Dalrymple--account of Collins--Burke's remarks--Collins' history--Lord
+Hobart.
+
+SECTION II.                           p. 34.
+
+Hobart Town named--York Town--Tamar river--Launceston--the first
+house--Norfolk Island vacated--settlers conveyed to Van Diemen's
+Land--overflow of the Hawkesbury--destitution--deposition of Bligh--he
+visits the Derwent--conduct of Collins--establishes a newspaper--his
+death--monument erected by Franklin to his memory.
+
+SECTION III.                          p. 48.
+
+Lieutenant E. Lord acting lieutenant-governor--ditto Captain
+Murray--visit of Governor Macquarie--Davey lieutenant-governor
+--improvements effected--St. David's church built--Bent's
+newspaper--death of Colonel Davey.
+
+SECTION IV.                           p. 53.
+
+Form of colonial government--courts--legislative orders--administration
+of justice--Abbot judge-advocate of Van Diemen's Land--opinions of
+Mackintosh--Bentham--torture--arbitrary conduct of Macquarie--governor's
+court--Abbot's death.
+
+SECTION V.                            p. 66.
+
+Lieutenant-Governor Sorell--checks bushranging--immigration of
+settlers--their privileges--Macquarie's account of Van Diemen's Land.
+
+SECTION VI.                           p. 70.
+
+Sheep introduced--Merino lambs imported into Van Diemen's Land--wool
+purchased by Mr. Hopkins.
+
+SECTION VII.                          p. 73.
+
+Whaling--duties on colonial oil--fetters of trade--Captain Howard's
+misfortunes--currency of Van Diemen's Land--trading habits.
+
+SECTION VIII.                         p. 78.
+
+Religious efforts--notices of Reverends Johnson, Marsden,
+Knopwood--Wesleyan first Sunday school--Reverends Horton, Mansfield,
+Macarthur--bible society--Reverend J. Youl--Reverend P. Connolly.
+
+SECTION IX.                           p. 86.
+
+Bill for better administration of justice--supreme court
+established--colonial agent--departure of Sorell--Leith
+company--Sorell's character--agricultural societies--advantages of
+immigrants at the present time.
+
+
+
+
+FROM 1824 TO 1836.
+
+
+SECTION I.                            p. 95.
+
+Lieutenant-Colonel Arthur, superintendent at Honduras--dispute with
+Colonel Bradley--with the slaveholders--state of Van Diemen's
+Land--court proclaimed--trial by jury--charges against Mr. J. T.
+Gellibrand, jun.--Talfourd's opinions--Van Diemen's Land declared
+independent of New South Wales--police magistrates appointed.
+
+SECTION II.                           p. 106.
+
+Rise of the Australian press--restraint of the press by Arthur--Dr. Ross
+government printer--colonists maintain the freedom of the press.
+
+SECTION III.                          p. 110.
+
+Van Diemen's Land Company formed--its investments--Jorgen Jorgenson.
+
+SECTION IV.                           p. 115.
+
+State of society at Hobart--Judge Forbes--Governor Darling--punishment
+of Thomson and Sudds--trial of Dr. Wardell--Major Honor's case--Mr.
+Humphrey police magistrate--petitions for an elective assembly--
+disagreements with Arthur--Gellibrand, sen., dismissed from the
+magistracy--act of parliament for the colony--Marshall's proposal
+for a colonial association.
+
+SECTION V.                            p. 120.
+
+Dispute between Jennings and Montagu--rate on returned bills of exchange
+fixed--trial of Dillon--treasury robbed--Ikey Solomon's arrest--conduct
+of a jury--races at Ross--pirates take the _Cumberland_.
+
+SECTION VI.                           p. 124.
+
+Grammar school--orphan school--mechanic institution--Dr. Ross--Dr.
+Henderson.
+
+SECTION VII.                          p. 127.
+
+Bank of Van Diemen's Land--state of trade--Gatenby farmers--treasury
+robbed--Cox's conveyance established--dearth in New South Wales.
+
+SECTION VIII.                         p. 131.
+
+Liabilities of publicans--impounding cattle--dog act--usury law.
+
+SECTION IX.                           p. 134.
+
+Endowment of emigrants with land--early regulations--quantities of land
+given--early price of land.
+
+SECTION X.                            p. 136.
+
+Van Diemen's Land divided into counties--land commissioners
+appointed--conditions of grants--land obtained by fictitious capital.
+
+SECTION XI.                           p. 139.
+
+Brisbane grants--proof of ownership--resumption resisted by
+juries--defect in titles discovered--defect in description--caveat board
+established--Major Abbot's claim--quit rents--free grants
+terminated--Lord Ripon's regulations.
+
+SECTION XII.                          p. 148.
+
+Wakefield's colonization scheme--Wilmot Morton's views--Swan River
+settlement--sufferings of first settlers--colony of South
+Australia--mineral wealth--Port Phillip occupied--emigration of females
+and mechanics--important consequences--table of land regulations.
+
+SECTION XIII.                         p. 160.
+
+Bank of Australasia--state of the currency--Tamar bank--Union bank.
+
+SECTION XIV.                          p. 161.
+
+Glorious 23rd of May!--Baxter appointed judge--set aside--police and
+gaols--land revenue.
+
+SECTION XV.                           p. 165.
+
+Mr. W. Bryan's disagreement with Arthur--Arnold condemned for cattle
+stealing--case of Lewis--of Bryan, jun.--murder of Captain
+Sergeantson--perjury--trial by jury.
+
+SECTION XVI.                          p. 174.
+
+"True Colonist"--state of the press--charges against Arthur--increase of
+newspapers--political association.
+
+SECTION XVII.                         p. 177.
+
+Recall of Arthur--- advancement during his administration--his great
+ability--his views of public works--his departure--death of Mr. J. T.
+Gellibrand.
+
+
+
+
+FROM 1836 TO 1843.
+
+
+SECTION I.                            p. 191.
+
+Snodgrass acting-governor--arrival of Sir John Franklin--views of the
+colony--his reception--efforts to reconcile parties--magistrates
+increased--council chamber opened.
+
+SECTION II.                           p. 195.
+
+Difficulties respecting the churches--Dr. Lang--church and school
+corporation erected--dissolved by the crown--Sir G. Murray's
+views--Bourke's plan--Arthur's views--bishopric established in New South
+Wales--claims of the Presbyterians--declare for the established
+church of Scotland--Sir G. Grey's decision--act of general
+assembly--appellate jurisdiction refused--synod proclaimed--assembled and
+dissolved--controversy between the churches--church act passed--rivalry
+of the churches--act amended--demands on the treasury--bishopric of
+Tasmania established--Bishop Nixon enthroned--differences with
+clergy--ecclesiastical courts--refused by Wilmot--conference at
+Sydney--ecclesiastical titles arranged--free church of Scotland--tolerance
+of laity--respect for religion.
+
+SECTION III.                          p. 215.
+
+Education--Franklin proposes a college--Dr. Arnold's views--Mr. Gell
+appointed--foundation of college laid--abandoned--- schools in New South
+Wales--British system established in Van Diemen's Land--British system
+abandoned.
+
+SECTION IV.                           p. 219.
+
+Distillation forbidden--emigration promoted--interference of
+commissioners--libel on Mr. Dowling--emigrants prosper--effects of
+probation--distress in the colonies--causes of distress--revival.
+
+SECTION V.                            p. 225.
+
+Franklin arranges probation system--dispute with Captain
+Montagu--dismisses him--Lord Stanley justifies Captain Montagu--Franklin
+recalled--his amiable character--last expedition.
+
+
+
+
+FROM 1843 TO 1847.
+
+
+SECTION I.                            p. 233.
+
+Sir E. Wilmot arrives--his connexions--opinion of the _Times_--his
+popular manners--the agricultural association--bushranging--Wilmot's
+promises to the legislature--remodels the Tasmanian Society--his
+difficulties--central committee--usury law--fetters of trade--Hutt's
+motion--road bill--irrigation--expense of police--public debt--Wilmot
+adheres to his instructions--duties raised from five to fifteen per
+cent.--taxation defeated--quarrel with the _Courier_--Mr. Bicheno's
+political opinions--discussion in the council--Mr. Dry's motion--council
+adjourned--despatches respecting police and public works--injustice of
+Lord Stanley--anti-colonial character of probation system--Lord
+Stanley's restrictions--proposes to raise produce for commissariat--
+inadequate surveillance--Wilmot's representations--Stanley's reply--council
+meet--estimates unintelligible--motions rejected by the governor's
+deliberative and casting votes--Mr. Smith's opinion--six members
+resign--obligation of official members--defence of the six--remarks--
+popular sympathy.
+
+SECTION II.                           p. 252.
+
+Development of probation system--location of gangs--Mr. Pitcairn's
+petition--Wilmot's counter representation--Wilmot rejected as patron of
+the Van Diemen's Land agricultural association--vacancies filled up in
+the council--members resign--£24,000 allowed by home government--
+differential duties bill--Hobart Town commissioners--dog act--recall
+of Wilmot--defended the probation system--blame cast on him--Wilmot's
+last address--Mr. Gladstone's despatch--his decision respecting the
+six--Wilmot slandered--Gladstone's letter--debates in parliament--
+remarks--Wilmot's death--Mr. La Trobe's administration.
+
+
+
+
+FROM 1847 TO 1852.
+
+
+SECTION I.                            p. 265.
+
+Sir William Denison meets the twelve--re-appoints the six--errors in
+commission discovered--refers home--the six appointed--dog tax declared
+illegal--actions of merchants--dismissal of Judge Montagu--Judge Pedder
+refuses leave of absence--Mr. Horne appointed--doubts' bill
+passed--decision of home government--charge against the merchants--their
+defence--appeals to Downing-street--public petitions for an
+assembly--plans proposed--council of New South Wales--discontent at Port
+Phillip--report of Sir William Denison--plan of Earl Grey
+rejected--privy council report--opinions of their report--bill
+passed--rejoicings at Port Phillip--at Van Diemen's Land--college at
+Bishopsbourne--Hutchins' school--high school.
+
+SECTION II.                           p. 276.
+
+Struggle against transportation--Mr. McLachlan--English press--state of
+colony--pardons extended--North Australia--squatters hire
+expirees--exiles received at Port Phillip--abolition proposed--Mr.
+McLachlan's letter to Mr. Gladstone--petition presented to the
+Lords--Mr. Ewart's motion--Earl Grey and Mr. Hawes receive the seals of
+the colonial office--avow the principles of Whately--Sir W. Denison's
+circular--discussion--committees appointed--public meetings.
+
+SECTION III.                          p. 283.
+
+London agency--meeting--Lord Grey's despatch announcing the views of
+government--address of Sir W. Denison--his despatch in favor of
+transportation--Norfolk Island prisoners--proposal to New South Wales
+accepted on both sides--repudiation by Earl Grey, and a new proposal to
+New South Wales rejected--circular letter to the colonies--convicts sent
+to the Cape rejected--rejected at Port Phillip--effect of the treatment
+of Van Diemen's Land on other colonies--prospects of 1848.
+
+SECTION IV.                           p. 289.
+
+Lord J. Russell's speech--conduct of ministers--great number of
+petitions--Sir W. Denison's views--resolution of colonists--rapid
+changes of systems--the intentions of Earl Grey--evils of ticket
+system--resolution of the Legislative Councils--views of different
+parties--state of the colony--Earl Grey accused of breach of faith--Earl
+Grey's speech--declares his determination to proceed--the effect of his
+speech on Van Diemen's Land--Leagues formed--_Neptune_ arrived--protest--
+petitions of all classes--convict party form an association--it is
+dissolved--weakness of the colony--feelings of other colonies towards
+Van Diemen's Land.
+
+SECTION V.                            p. 298.
+
+The "Australias are One"--address to the colonies--Earl Grey renews his
+application to New South Wales--decision of the people--response of the
+colonies--meeting of abolitionists at Hobart--declare against
+transportation to any of the colonies--a conference appointed--delegates
+meet in Victoria--the Australian League formed--large subscriptions--fire
+in Port Phillip--meeting of delegates in New South Wales--proceedings
+of conference--the elections--the discovery of gold--effects on
+employers--League assailed by the convict party--delegates visit
+Adelaide--League adopted at New Zealand--people return opponents of
+transportation--conduct of emancipists--not one supporter of
+transportation returned--resolutions of the Legislative Councils of
+New South Wales, Victoria, South Australia, and Van Diemen's Land.
+
+       *     *     *     *     *
+
+ZOOLOGY.
+
+
+SECTION I. p. 321. Mammalia.--SECTION II. p. 328. Birds.--SECTION III.
+p. 332. Fishes.--SECTION IV. p. 333. Reptiles.--SECTION V. p. 335.
+Insects.--SECTION VI. p. 335.--Mollusca.
+
+
+
+
+HISTORY OF TASMANIA.
+
+       *     *     *     *     *
+
+DISCOVERY, &c.
+
+
+
+
+DISCOVERY, &c.
+
+
+SECTION I.
+
+
+Nearly fifty years have elapsed, since Van Diemen's Land was numbered
+with the colonies of the British empire. A generation has risen up and
+is passing away. Thousands, while they venerate the land of their
+European ancestors, with an amiable fondness love Tasmania as their
+native country. They will, hereafter, guide its affairs, extend its
+commerce, and defend its soil; and, not inferior in virtue and
+intelligence, they will fill an important position in the vast system of
+Australasia.
+
+To gratify their curiosity, and offer to their view the instructive and
+inspiriting events of the past, is the purpose of this history.
+
+The difficulty of the task can be appreciated only by experience. To
+collect from scattered records, facts worthy of remembrance; to separate
+reality from romance; to remove partial coloring from statements made
+long ago; and to exhibit useful truth without disguise and without
+offence, required much research and deliberation.
+
+It is not the intention of this history to relate every event which,
+when passing, may have been deemed momentous; much less to recal from
+obscurity the errors, absurdity, and wickedness which exercised no
+distinct influence on the common welfare. The author has endeavoured to
+realize the feelings and sympathies of the benevolent and just of
+another age, and to confine his pen to details which may maintain their
+interest, when the passions with which they were associated shall
+subside for ever.
+
+In calling this work THE HISTORY OF TASMANIA, a designation is chosen
+generally preferred by the colonists, and which their successors will
+certainly adopt. "Van Diemen" is a name affixed to the north coast of
+New Holland; and this country is the first known discovery of Tasman.
+
+The name of Tasman is recognised by the royal patent constituting the
+diocese; by several literary societies and periodical works: it forms
+the term by which we distinguish our Tasmanian from our European youth.
+
+Tasmania is preferred, because "Van Diemen's Land" is associated among
+all nations with the idea of bondage and guilt; and, finally, because
+while Tasmania is a melodious and simple sound, "Van Diemen" is harsh,
+complex, and infernal.
+
+       *     *     *     *     *
+
+During the reign of Charles I. (Frederick Henry, grandfather of William
+III. being Stadtholder of Holland) the Dutch discovered this island. The
+enterprise of that people had raised them to the zenith of their power:
+unless by England, they were unrivalled in nautical science and
+commercial opulence. More for the purposes of trade than the acquisition
+of knowledge, they were anxious to discover unknown countries, and to
+conceal the information they possessed from the rest of the world.
+
+At this time, Anthony Van Diemen was governor-general of Batavia: by
+him, Abel Jans Tasman was commissioned to explore the "Great South
+Land," the name by which New Holland was known until 1665, when, by the
+authority of the Netherland government, it received its present
+designation. A fragment of the journal of Tasman, containing an account
+of his discovery, was first published by Dirk Rembrant, and afterwards
+translated into most European tongues. In this abstract nautical details
+respecting Van Diemen's Land were omitted, but were described in the
+journal itself, and by thirty-eight charts, views, and figures. These
+were purchased by Sir Joseph Banks, on his return from his voyage to
+these seas. Tasman's journal was translated by a Netherland clergyman:
+he considered the age of the manuscript confirmed by the spelling: that
+it was genuine he had no doubt, although he questioned whether written
+by Tasman, or transcribed at his command. Sir Joseph Banks acquired at
+the same time a copy of instructions to Tasman, given by the Governor of
+Batavia in 1644, for a second expedition, and which recapitulated the
+various voyages of his predecessors. These, however, have no connection
+with Van Diemen's Land.
+
+To adorn the new stadthouse of Amsterdam, erected in 1665, three
+hemispheres were wrought in stone, of twenty-two feet in diameter: the
+circles were inlaid with brass, and were executed by a celebrated
+artist. The southern hemisphere exhibited the discoveries of Tasman and
+his predecessors: they formed the pavement of the hall, until
+obliterated by the tread of several generations. They were quite
+forgotten when Sir Joseph Banks sought information from the inhabitants.
+A copy of these works of art was preserved, and displayed the extent to
+which New Holland and Van Diemen's Land were known.
+
+The journal of Tasman has been greatly admired: it is clear, laconic,
+and devout.[1] It opens with an invocation: "May God Almighty be pleased
+to give his blessing to this voyage. Amen." The document is, indeed,
+full of pious sentiments: when a long desired breeze liberated the
+vessel from port, or refreshment was obtained, or safe anchorage found,
+he dots down a thanksgiving. He reckoned his longitude from the Peak of
+Teneriffe: the hours he called glasses; his miles were German, fifteen
+to a degree.
+
+On the 14th of August, 1642, Tasman embarked at Batavia, on board the
+_Heemskirk_, the fly-boat _Zeehaan_, Jerit Zanzoon, master, in company.
+They set sail for the Mauritius, and arrived on the 5th of September.
+That island, then commanded by Van Steelan, was but little cultivated,
+and gave slight promise of its present importance.[2] On the 4th
+October, they were ready to depart, but were delayed by contrary winds
+until the 8th, when on a change in their favor they stood eastward to
+sea. On the 27th, a council being called, it was resolved that a man
+should constantly look out at the topmast head; and to encourage
+vigilance it was determined, that the first discoverer of land should
+receive three reals and a pot of arrack. On the 4th November they saw
+patches of duckweed and a seal, and inferred their vicinity to land. The
+first pilot, Francis Jacobzs, on the 7th, supported by the advice of the
+steersman, thus delivered his opinion:--"We should keep to the 44°
+south latitude, until we have passed 150° longitude; then make for
+latitude 40° south, and keeping in that parallel to run eastward to 220°
+longitude, and then steering northward search with the trade wind from
+east to west for the Solomon Islands. We imagine, if we meet with no
+main land till we come to 150° longitude, we must then meet with
+islands." On the 17th, they were in latitude 44° 15' and longitude 147°
+3': they concluded that they had already passed the south land then
+known. On the 22nd they found their compass was not still within eight
+points, which they attributed to the influence of loadstone, and which
+kept the needle in continual motion. On the 24th, at noon, they found
+their latitude 42° 25' south, longitude 163° 31': in the afternoon, at 4
+o'clock, they observed land, Point Hibbs, bearing east by north. The
+land was high, and towards evening they saw lofty mountains to the east
+south-east, and to the north-east two smaller mountains: here their
+compass stood right. They resolved to run off five hours to sea, and
+then to run back towards the land. On the 25th, the morning was calm,
+and at 5 o'clock they were within three miles of the shore, and had
+soundings at sixty fathoms. They approached a level coast, and reckoned
+their latitude 42° 30', and middle longitude 163° 50'. On this day they
+named their discovery: "we called it Anthony Van Diemen's Land, in honor
+of our high magistrate and governor-general, and the islands near
+(Boreels) we named in honor of the council of India, as you may see by
+the little map we made." Next day they lost sight of land. They fixed
+the longitude 163° 50', and gave orders to the master of the _Zeehaan_
+to adopt that reckoning. On the 28th land reappeared, and in the evening
+they came near three small islands, one of which they thought like the
+head of a lion (Mewstone, of Furneaux). On the following morning they
+passed two cliffs, one (the Swilly, of Furneaux) like the Pedra Branca,
+near the coast of China; the other, the eastern cliff, resembling a high
+misshapen tower (the Eddystone, of Cook). Between the cliff and the main
+land they passed, until they came almost to Storm Bay, where they found
+it impossible to anchor, and were driven by the wind to sea--so far,
+that land could scarcely be sighted in the morning. In the afternoon of
+the 1st December, they anchored in a good port (marked Frederick Hendrik
+Bay in the chart), with twenty-two fathoms water, and bottom of fine
+light grey sand.
+
+On the following morning the boats were despatched to the shore: on
+their return, the steersman informed them that they had heard the sound
+of voices, and of a little gong; but saw no one. They remarked two
+trees, sixty feet from the ground to the branches, and two and a-half in
+circumference: the bark taken off with flint stones, and steps cut to
+climb for birds' nests, full five feet from each other, and indicative
+of a very tall people. They saw marks, such as are left by the claws of
+a tiger, and brought on board the excrements of some quadruped; gum lac,
+which dropped from trees, and greens "which might be used in place of
+wormwood." They saw people at the east corner of the bay:[3] they found
+no fish, except mussels: many trees were burned hollow near the ground;
+they were widely separated, and admitted an extensive view.
+
+On the 3rd, they went to a little bay, south-west from their ships, in
+search of water: the surf prevented their landing, but the carpenter
+swam on shore; and near four remarkable trees, standing in the form of a
+crescent, he erected a post, on which a compass was carved, and left the
+Prince's flag flying upon it.[4] "When the said carpenter had done this
+in the sight of me, Abel Jans Tasman, of the master Jerit Zanzoon, and
+under merchant Abraham Coomans, we went in the shallop as near as
+possible, and the said carpenter swam back through the surf. We then
+returned on board, and left this memorial to the posterity of the
+inhabitants. They did not show themselves, and we suspected some to be
+not far from thence, and watching carefully our doings." The last object
+they noticed was a large round mountain (St. Patrick's Head), on the
+eastern coast, of which they lost sight on the 5th December.
+
+From Van Diemen's Land they proceeded to New Zealand, where by an
+encounter with the natives several lives were lost: thence they passed
+Tongataboo, Amsterdam, and Rotterdam, and arrived at Batavia on the 15th
+June, 1643. Tasman closes his journal with his usual devotion: "God be
+praised for this happy voyage. Amen."
+
+That Maria Island was named after the daughter of Van Diemen, and that
+Tasman went over the ocean writing down her name in the imperishable
+records of his discoveries, is a pleasing tale; but the evidence on
+which it rests is far from conclusive. Thus at Amsterdam he called the
+anchorage Van Diemen's Road, and where the boats went for water Maria's
+Bay, "in honor of our governor-general and his lady." That a daughter of
+the same name existed is not improbable, but who can tell whether the
+Maria Island of Tasmania's coast was named in complaisance to the
+daughter, or to conciliate the mother! In hope to confirm the agreeable
+fiction the journal of Tasman has been examined, but in vain.
+
+The spirit of discovery revived in Europe after a long slumber; and a
+succession of illustrious navigators, in their passage to regions deemed
+more important, touched at Van Diemen's Land, and thus rapidly developed
+its geography. After Tasman, the next visitor was Captain Marion, of the
+_Mascarin and Castries_, who in 1772 arrived from the Mauritius, in
+search of the "southern continent," then the grand object of nautical
+inquiry, and anchored in Frederick Hendrik Bay, the 4th March. The visit
+is chiefly memorable for a fatal collision with the natives, who,
+according to the French, exhibited uncommon ferocity. On his stepping on
+shore they offered Captain Marion a fire stick, which he supposed a
+ceremony of friendship; but when he lighted a heap of wood, as he
+imagined in compliance with their custom, they retired to a hill, and
+threw a shower of stones. The French fired their muskets, and the
+natives fled: their pursuers found in the wood a dying savage--the first
+victim of European intrusion. Marion and some others were injured
+slightly by the missiles of the natives, and a black servant was wounded
+by a spear.
+
+The remarks they made are of no great value: they entered the country,
+and saw everywhere the effects of fire, which they supposed was intended
+to drive wild animals from the coast. They could not discover a tree
+suitable for a mast, and were unsuccessful in obtaining water. A small
+map, which sketched the form of the coast with considerable exactness,
+accompanied the account of this voyage, and tended to awaken the French
+to the importance of these seas.
+
+The next visit was accidental, but most important: Captain Cook, in
+1772, left Great Britain to explore the icy region near the Pole. There
+the vessels separated in a fog: they were unable to rejoin, and while
+Cook proceeded to New Zealand in the _Resolution_, Captain Tobias
+Furneaux, his second in command, touched at Van Diemen's Land in the
+_Adventure_. He made the south-west cape on the 9th of March, 1773,
+exactly one year after Marion left the island. After passing the
+Mewstone, a boat's crew sent on shore reported favorably of the country,
+and that they had seen beautiful cascades pouring from rocks two hundred
+feet high. Finding no anchorage, Furneaux passed the black rocks (the
+Boreels of Tasman), which he called the Friars, and discovered Adventure
+Bay, which is separated from Storm Bay by Cape Frederick Henry. There
+they found anchorage in seven fathoms, within half a mile of either
+shore, and obtained wood and water in abundance. The numerous islets and
+tortuous navigation of the coasts led Furneaux into several errors. To
+discuss them would tire the patience of nine readers in ten, and afford
+no pleasure to the tenth.
+
+The _Adventure_ sailed along the eastern coast to the latitude of 40°
+50', where Furneaux observed the land turned towards the westward. He,
+however, narrowly missed the discovery of the straits, and turned off
+for New Zealand, convinced "that there was no strait between New Holland
+and Van Diemen's Land, but a very deep bay." The impression he adopted,
+he conveyed to Captain Cook, who had intended to visit Van Diemen's Land
+for the solution of this geographical problem, which now he considered
+determined.[5]
+
+On his third and final voyage to the Pacific, Captain Cook touched at
+Van Diemen's Land in the _Resolution_, then accompanied by Captain
+Clerke. He sighted the island bearing north-west half-west, distant
+three leagues from Mewstone. A neighbouring rock, unnoticed by Furneaux,
+he called the Eddystone, from its resemblance to an English lighthouse
+of that name. Detained by calms, he did not reach Adventure Bay until
+the 26th, where at 4 P.M. he dropped anchor in twelve fathoms, within a
+mile of the shore. The officers were delighted with the country, and
+particularly with its gigantic forests. Mr. Anderson, the surgeon, spent
+his leisure wandering on the beach of Adventure Bay; angling in a lake,
+or ascending the neighbouring hills.[6] Captain Cook left swine on the
+shore, which were driven into the bush when the natives were not
+present; in the hope they might escape them, and thus add to the
+resources of the country. He departed on the 30th for New Zealand. The
+account left by Cook is chiefly interesting for its description of the
+natives, and will be noticed in the history of that unfortunate people.
+
+On the 3rd July, 1789, the brig _Mercury_, John Henry Cox, master,
+entered a deep bay on the south side of Van Diemen's Land, and was about
+ten miles from the Mewstone: attempting Adventure Bay, he was carried to
+the eastward, and afterwards accidentally discovered Oyster Bay.
+
+Captain Wm. Bligh, subsequently governor of New South Wales, touched at
+Van Diemen's Land in 1788, when on his voyage to Tahiti, whence he was
+instructed to convey the bread fruit tree to the West India Islands. His
+object was frustrated by the mutiny of his crew; and after a passage in
+an open boat, attended with extraordinary perils, he reached Great
+Britain. The _Providence_ and _Assistant_ were placed under his command:
+he was sent on the same errand, in which he was successful, and
+re-appeared in Adventure Bay in 1792. During his stay he planted several
+fruit trees, acorns, and vegetables.
+
+An inscription found by the French crew on a tree, signified that near
+by, "Captain William Bligh planted seven fruit trees: Messrs. T. and W.,
+botanists." They consisted of one fig, two pomegranates, and four
+quinces. An apple tree was found by Labillardière on the coast. They
+doubtless all perished. The Frenchman was greatly scandalised by the
+despotism which condemned men of science to initials, and gave a sea
+captain a monopoly of fame.
+
+This celebrated naturalist was attached to the expedition of
+Rear-Admiral Bruné D'Entrecasteaux, sent out by the government of France
+to ascertain the fate of La Perouse, whose amiable reputation
+conciliated the good-will of all parties. Although concluded that the
+vessel he commanded must be lost, it was fondly hoped that he still
+survived. The national assembly paused in the midst of its conflict with
+the king, to request that vessels might be dispatched, and rewards
+offered, for his relief. In his decree, Louis XVI. describes the
+expedition as intended, beyond its primary design, to perfect the
+description of the globe. On the day the first colonists of New South
+Wales entered Port Jackson, the expedition of La Perouse was seen by the
+astonished English approaching the coast. After an interchange of those
+civilities which dignify the intercourse of polished nations, he left
+New Holland.
+
+In a letter, dated September, 1787, Perouse stated his intention "to
+employ six months in visiting the Friendly Islands to procure
+refreshments; the south-west coast of Mendana, the land of the
+Arsacides, with that of Louisiade, as far as New Guinea."[7]
+
+Many years after, relics were recovered, which demonstrated the vicinity
+of his misfortunes. A lascar informed Captain Peter Dillon, of the East
+India Company's service, that two Frenchmen survived at Manicola; he
+therefore visited the island, where he found several relics of the lost
+admiral, although the Frenchmen were dead; among the rest his sword
+guard, marked with his cypher.[8] Dillon was honored by the French
+government with the title of Chevalier, and received a pension.
+
+In 1792, D'Entrecasteaux in the _Recherche_, and Captain Huon Kermandee
+in the _Esperance_, reached Van Diemen's Land. On the 20th April, when
+looking for Adventure Bay, they discovered the channel which bears the
+name of D'Entrecasteaux. They remained a month, when they departed on
+their search, and returned on the 20th January, 1793, to complete their
+observations. They found that the channel extended to the Storm Bay of
+Tasman: they entered and named the Huon, and the Rivère du Nord, now the
+Derwent, and examined the different harbours. Their charts are said to
+exhibit the finest specimen of marine surveying ever made in a new
+country.[9] Of D'Entrecasteaux's Channel, then deemed the most important
+discovery since the time of Tasman, Rossel, who recorded the events of
+the voyage, writes with rapture:--"A harbour, twenty-four miles in
+length, and equally safe in every part. Such a retreat, in a gulph which
+bears the menacing name of Storm Bay, is a luxury that, to be able to
+express, must be felt."
+
+Captain John Hayes, of the Bombay marine, with the private ships _Duke_
+and _Duchess_, examined Storm Bay and D'Entrecasteaux's Channel, in
+1794. He passed up the Rivère du Nord much farther than the French,
+which he called the Derwent; and in his passage affixed names to various
+places, which have effaced those given by the original French
+discoverers--whose survey, however, to the extent of their navigation,
+was more correct than his own.
+
+The form of Van Diemen's Land had long been a nautical problem. Captain
+Hunter, observing the swell of the ocean, deemed the existence of a
+strait highly probable. Mr. George Bass, surgeon of the royal navy, a
+gentleman to whom his generous friend Flinders refers with great
+admiration, resolved to test the conjecture. He had already given proof
+of intrepidity: in company with Flinders and a boy, he embarked in a
+boat, eight feet long, called _Tom Thumb_. After escaping great dangers,
+they returned to Port Jackson with valuable information respecting the
+coast.
+
+In 1798, Bass obtained from Governor Hunter a six-oared whale boat, six
+men, and six weeks provisions: with this outfit he proceeded along the
+eastern coast of New Holland, occasionally landing and obtaining
+supplies, which enabled him to prolong his absence to eleven weeks. He
+continued his course until the agitation of the water convinced him that
+the open sea was not far distant: he discovered Western Port, and a
+country of great attraction. He explored six hundred miles of coast,
+one-half of which was hitherto unknown; an enterprise beyond example in
+nautical adventure, and entitling him to that renown which belongs to
+his name.
+
+To test this discovery, the governor authorised Lieutenant Flinders and
+Mr. Bass to sail through the strait in the _Norfolk_, a colonial sloop,
+of 25 tons. Twelve weeks only were allowed for the voyage, which
+compelled the navigators to content themselves with a cursory survey.
+
+In October, 1798, they left Port Jackson: after spending some time
+among the islands which crowd the straits, they sighted Cape Portland, a
+name given it in honor of the Duke of Portland, then secretary for the
+colonies; thence they passed Port Waterhouse, so called after the
+captain of the _Reliance_. The first important discovery was Port
+Dalrymple, called after the hydrographer of the admiralty, Alexander
+Dalrymple.[10] Green Isle, Western Arm, Middle Island, Whirlpool Reach,
+Swan Point, and Crescent Shore, preserve memorials of the visit in their
+designations.
+
+They reported Port Dalrymple an excellent place for refreshments: black
+swans, whose quills covered the beach in countless thousands; kangaroos,
+of the forest kind; flocks of ducks and teal, and mussels and oysters,
+were found in abundance.
+
+Proceeding along the coast, they came to a headland, which they called
+Circular Head, from its resemblance to a Christmas cake. They now
+approached the solution of the question which had dictated their voyage.
+They remarked a long swell from the south-west breaking on the western
+shore: they hailed it with joy and mutual gratulation, and passed in
+safety the clustering islets in their course: the extreme north-west
+they called Cape Grim. Proceeding round the western coast, they observed
+the mountains noticed by Tasman when he visited the island, which in
+memory of his vessels they called Mount Heemskirk and Mount Zeehaan.
+They named Point Hibbs after the master of the _Norfolk_. The
+discoveries of Flinders here may be said to terminate, until he
+proceeded up the Derwent.
+
+The utility of the strait was highly rated. It secured perpetual renown
+to Bass, whose name it bears: this was given by Governor Hunter at the
+recommendation of Flinders, whose candour is always conspicuous in
+awarding the palm of discovery to those to whom it is due! Not only does
+the strait curtail a voyage from the Cape by four degrees, but vessels
+avoid the winds which obstruct navigation round the South Cape and Cape
+Pillar of Van Diemen's Land, which prolong the passage several days; a
+point of great importance in the conveyance of passengers.
+
+The _Norfolk_ steered into the Derwent by the chart of Hayes. Both
+Flinders and Bass observe, with indignation, how creeks are magnified
+into rivers, coves into bays, and a few acres into plains: as Risdon
+River, Prince of Wales's Bay, and King George's Plains. They corrected
+his definitions, but left him the honors of discovery. Flinders
+proceeded to Herdsman's Cove, which he so distinguished for its
+extensive pasture and plentiful waters.
+
+Bass depicts the Derwent as a dull and lifeless stream, respectable only
+because the Tasmanian rivers are insignificant![11] To a bay they
+entered on the western side of Tasman's Peninsula, they gave the name of
+their vessel, which was built at Norfolk Island, of the pine peculiar to
+that place.
+
+Flinders continued, after the departure of Bass, to prosecute researches
+on the coast of New Holland, until the _Reliance_ returned home. In that
+vessel his charts were conveyed, and were published. On a plan being
+offered by Sir Joseph Banks for completing the survey, the
+_Investigator_ was placed under the command of Flinders, who was
+promoted to the rank of commander, furnished with a chosen crew, and
+attended by Westall, a painter, and Brown, a naturalist whose collection
+added largely to his department of science. Flinders received a passport
+from the French government, expressed with the usual amplitude. It
+inhibited all vessels of war from molesting the _Investigator_, and gave
+right of entry to all ports subject to France, for refitting or
+refreshment, on condition that nothing were done hostile to that power.
+This protection was demanded by Lord Hawksbury, of M. Otto, the
+celebrated representative of the Republic in England. Flinders had
+proposed to visit Van Diemen's Land, but had been partly anticipated by
+the _Lady Nelson_, sent from England to be employed as tender to the
+_Investigator_, and fitted with a keel suited to shallow waters. Brown,
+the naturalist, remained some time after the expedition was interrupted.
+He wandered on the banks of the Derwent and Tamar, collecting shrubs and
+flowers during a stay of several months; and although some specimens of
+plants were lost in the _Porpoise_, not one out of 3,900 species was
+wanting.[12]
+
+In June, 1803, Flinders passed the north coast of Van Diemen's Land:
+eighteen men were lying in their hammocks almost hopeless of recovery,
+some of whom died before the vessel entered Port Jackson, and several
+afterwards. A survey was instantly held, and the _Investigator_ was
+condemned: the hull was found rotten, both plank and timbers, and it
+was declared that reparation was impossible. On inspecting her
+condition, Flinders expressed great astonishment, and remarked that a
+hard gale must have sent her to the bottom.[13]
+
+The volumes of Captain Flinders, though of vast scientific worth, are
+not greatly interesting to the general reader, except when he tells of
+his trials, which were many. His work was patronised by the admiralty,
+and he had the prospect of reward; but on the day of publication, fame
+ceased to be valuable to him,[14]--he cast that anchor which is never
+weighed.
+
+A long imprisonment in the Isle of France, and the mental anxiety
+inseparable from a strong sense of injustice, it is said, destroyed him.
+His case may be told in few words: the _Investigator_ was condemned as
+unfit for service, and Flinders embarked at Port Jackson on board the
+_Porpoise_, in company with the _Cato_ and the _Bridgewater_. When
+passing through Torres Straits, at between eight and nine knots, they
+saw breakers a-head. Before signals could be made, the other vessels
+were seen hastening to the same destruction. They hauled to the wind
+across each other; a collision seemed inevitable: a death-like silence
+prevailed during the awful crisis; but happily they passed off side by
+side. Instantly, however, the _Cato_ struck on the reef, and was totally
+lost. All hands were preserved, except three boys; of these, one spent
+the night on a spar, bewailing his unhappy lot: four times he had
+embarked in different vessels, and each time had been wrecked; this was
+the last, for before morning he disappeared. The _Bridgewater_ was yet
+safe: she was seen at dawn; but while awaiting her help, the captain,
+with a selfishness happily not common--without even sending a boat to
+pick up a cast-away--proceeded on his voyage.[15] He reached India in
+safety; sailed for Europe, and was never heard of more: the people he
+had abandoned were all rescued.
+
+This was effected by Flinders. A cutter was built and provisioned from
+the stores saved on the reef: in this, which he called the _Hope_, he
+set out for Port Jackson, 750 miles distant. There he obtained the
+assistance of two vessels, beside the _Cumberland_, a colonial schooner
+of 29 tons. The inhabitants, unsolicited, sent many presents to the
+sufferers, who soon hailed the arrival of Flinders with rapturous
+cheers.
+
+Having performed this duty, he proceeded towards England in the
+_Cumberland_, with seven men and three officers; but finding that she
+was unable to bear the voyage, he resolved to confide in the honor of
+the French, and present his passport at the Mauritius. There he was
+detained a prisoner six years; first charged with imposture, then
+treated as a spy; and when these imputations were refuted, he was
+accused of violating his passport. The French had found in his journal a
+wish dotted down to examine the state of that settlement, written when a
+stranger to the renewal of war. Some doubt seems to have been really
+entertained, for the moment, respecting him; but his long detention
+after his release was promised, was ascribed to the ambition of
+Napoleon, and the dishonesty of the French Institute, who from Flinders'
+papers were appropriating to Baudin the honor of discoveries he never
+himself claimed.
+
+Before the _Investigator_ left England, the _Geographe_ and
+_Naturaliste_, under Captains Baudin and Hamelin, visited this island.
+During a pause in the hostilities of Europe, the French government
+obtained from Mr. Addington, then premier, a safe conduct for this
+expedition. The terms granted entitled them to freedom from search; to
+supplies in any English colony, notwithstanding the contingency of war:
+it being well said by the French, that the promoters of scientific
+knowledge were the common benefactors of mankind. While Flinders was
+prosecuting his voyage he met Baudin on the coast of New Holland, at a
+place thence called Encounter Bay. The interview was civil, rather than
+cordial; both nations were competitors in science, and rivals are rarely
+kind. Yet the suffering of the French may be mentioned with pity: of
+twenty-three scientific men who accompanied the expedition, three only
+survived. The vessels were ill-provisioned, the water corrupt, and they
+encountered fearful tempests, in attempting to circumnavigate this
+island.
+
+Captain Baudin had been directed by his government to examine the
+eastern coast of Van Diemen's Land, the discoveries of D'Entrecasteaux,
+and the channels and rivers of the coast. The surgeon of the
+_Geographe_, Monge, fell by an attack of the natives, and was buried on
+the spot which bears his name.[16] The French surveyed the eastern
+coast, and finally determined the position of the Frederick Henry Bay of
+Tasman. They examined the intricacies which had escaped the observation
+of earlier navigators, who erroneously numbered the islands on their
+charts, and thus overlooked the bays. They coasted between the main and
+the Schoutens, and gave the name of Fleurieu to the Oyster Bay of Cox.
+They then passed through a strait heretofore unnoticed, which divides
+the Schoutens and Freycinet's Peninsula. Their survey was minute, and
+sometimes three boats were employed in different directions. The French
+vessels parted company, and the _Naturaliste_, after a long search for
+her consort, proceeded to New South Wales.
+
+Baudin, of the _Geographe_, was far more unfortunate. Having touched at
+his land of Napoleon, instead of returning through Bass's Strait to Port
+Jackson, he resolved to pass the south cape of Van Diemen's Land.
+Throughout the passage he experienced the most fearful storms: the
+darkness at night often prevented the execution of naval manoeuvres, and
+the vessel was drenched with water. The condition of the crew was
+terrible; "cries of agony made the air ring:" four only, including the
+officers of the watch, were able to keep the decks. After beating about
+Port Jackson for several days, a boat appeared which had been dispatched
+by the governor, who saw the French were unable to manage the vessel. By
+a change of diet, they speedily recovered.
+
+When at Port Jackson, Flinders showed his discoveries to the French, who
+admitted the justice of his prior claim, but with little sincerity.
+
+M. Baudin died: Captain Hamilin, of the _Naturaliste_, returned to the
+Mauritius. He eulogised the conduct of the colonists to
+extravagance;[17] but it is mortifying to find, that soon after, having
+captured a small English settlement, he burned the property he could not
+carry off; and invited upon deck the ladies, his prisoners, to witness
+the devastations of their late peaceful dwellings.
+
+The misfortunes of the distinguished navigators, whose success has been
+recorded, fully equalled their fame. The fate of Cook belongs to a story
+which mingles with our early remembrance. A child need scarcely be told,
+that after a career eminently glorious to his country and profession,
+while attempting to restrain his men who were firing to protect him, he
+fell by the dagger of a savage.
+
+His colleague, Captain Clerke, who attended him through all his
+expeditions, did not long survive him. Resolved to complete his
+instructions, he remained in the neighbourhood of Kamschatka, which
+hastened the crisis of a consumption. He was buried beneath a tree at
+the harbour of St. Peter and St. Paul, and an inscription pointed to his
+grave.[18] This was found by M. Perouse defaced, who restored it. On his
+arrival at Botany Bay, he interred the naturalist of his expedition: the
+memorial he set up was destroyed by the natives, and Governor Phillip
+repaid, by the substitution of another, the honor done to his own
+countryman.[19]
+
+De L'Angle, the companion of Perouse, with eleven officers and men, lost
+their lives by a misunderstanding at the Navigators' Isles: the manner
+of his own death may be inferred from the native tradition.[20]
+
+The end of D'Entrecasteaux and Huon, was hardly less melancholy: both
+commanders were buried by their crews; the admiral at Louisiade, and
+Huon at New Caledonia. The vessels were detained by the Dutch at Java,
+and many of the seamen died in captivity. There the calamities of their
+country became known to them: some sided with the royalists, others with
+the jacobins, but few regained their native land; among these, however,
+was Labillardière.[21]
+
+The fate of Captain Flinders is already told; that of Dr. Bass is
+involved in obscurity. A rumour that he was alive in 1812, in South
+America, was circulated in London.[22] In the colonies it was reported,
+that the vessel in his charge foundered at sea; others alleged that he
+attempted a contraband trade in the Spanish colonies, was taken
+prisoner, and with his companions sent to the quicksilver mines, and
+there died.[23]
+
+The whale-boat of Bass, which first swept the waters of the strait, was
+long preserved at Port Jackson. Of its keel snuff boxes were wrought,
+and regarded as valuable relics. A fragment, mounted with silver,
+engraven with the particulars of the passage, was presented to M.
+Baudin, as a memorial of the man whose example had stimulated colonial
+discovery.
+
+Flinders[24] predicted that the name of Bass would be conspicuous among
+the benefactors of mankind: the glory of his own will enlarge with the
+value of his discoveries. They resulted not from accident, which may
+give reputation to success without merit, but were the reward of prudent
+enthusiasm. A small community cannot, indeed, rear a monument worthy the
+destinies of their names: private memorials may be perishable, like the
+sympathies which inscribed them, but a future and opulent era will
+display the moral grandeur of their enterprise, and posterity will pay
+public honors to their fame.
+
+At the cost of £250, Sir John Franklin erected an obelisk on the rock of
+Stamford Hill, Port Lincoln, with the following inscription:--
+
+This place,
+from which the gulf and its shores
+were first surveyed,
+on the 26th of Feb., 1802, by
+MATTHEW FLINDERS, R. N..
+commander of H.M.S. _Investigator_,
+and the discoverer of the country now called South Australia,
+was
+on 12th Jan., 1841,
+with the sanction of Lieut.-Colonel GAWLER, K.H.,
+then Governor of the Colony, then set apart for,
+and in the first year of the
+Government of Captain G. GREY,
+adorned with this monument,
+to the perpetual memory of the illustrious navigator,
+his honoured commander,
+by JOHN FRANKLIN, Captain R.N., K.C.H., K.R., Lt.-Governor of
+Van Diemen's Land.
+
+FOOTNOTES:
+
+[Footnote 1: The following is its title:--_Journal of Discovery, by me,
+Abel Jans Tasman, of a Voyage from Batavia for making discoveries of the
+unknown South Land_, 1642.--_Burney's Chronological History_, 1813.]
+
+[Footnote 2: Discovered in the year 1505, by Don Pedro Mascarequas, a
+Spanish navigator: he gave it the name of "Cerné." It was uninhabited,
+and destitute of every species of quadruped. In 1598 it was visited by
+the Dutch Admiral Van Neck, who finding it unoccupied gave it its
+present name, in honor of Maurice, Prince of Holland. In 1601 a
+Frenchman was found on the island by a Dutch captain. He had been left
+by an English vessel, and had remained two years subsisting on turtle
+and dates: his understanding was impaired by his long solitude. The
+Dutch had a small fort, when it was visited by Tasman, which is
+represented in the drawings that illustrated his journal. The Dutch
+afterwards abandoned the island, and it has passed through many changes,
+until it was conquered by Great Britain.--_Grant's History of the
+Mauritius._]
+
+[Footnote 3: Probably their fires: had they seen them, they could not
+have fallen into error respecting their height.]
+
+[Footnote 4: "The same romantic little rock, with its fringe of grey
+ironstone shingle, still shelters itself under the castellated cliffs of
+trap rock, on its northern and southern horns; embosomed in its
+innermost recesses by a noble forest, whose green shades encroach upon
+the verge of the ocean. It is less than half-a-mile across, and nearer
+its northern than its southern extremity, the sea has cast up a key of
+large grey rounded ironstone, which interrupts the equal curve of the
+beach, and doubtless marks the spot where the ship's carpenter swam
+ashore."--_Gell's Remarks on the First Discovery: Tasmanian Journal_,
+vol. ii. p. 327.]
+
+[Footnote 5: _Cook's Voyages._]
+
+[Footnote 6: A folio edition of _Cook's Voyages_, published in the last
+century, at the "King's Arms," Paternoster-row, London, contains the
+following sentence, which, as perhaps the first example of invention in
+reference to the country, may deserve remembrance:--"Stately groves,
+rivers, and lawns, of vast extent." "Thickets full of birds of the most
+beautiful plumage, of _various notes, whose melody was truly
+enchanting_. It was _now_ the time (29th January!) when nature poured
+forth her luxuriant exuberance, to clothe this country with rich
+variety."--Vol. ii. p. 425.]
+
+[Footnote 7: _Voyage of Perouse_ (translation). London, 1799.
+
+Letters buried in a bottle, beneath a tree in Adventure Bay, were found
+by Captain Bunker, of the _Venus_, in 1809, to which he was directed by
+the words, still legible, "dig underneath;" and supposed, from his
+imperfect knowledge of the language, that they were left by Perouse. In
+this he was mistaken: they were deposited by D'Entrecasteaux, at his
+second visit. _Bent's Almanack_, 1828, adopted Bunker's mistake: it was
+copied by Mr. Widowson, who adds--"these letters were dated one month
+after his departure from Port Jackson, and led to the opinion that the
+expedition must have perished on some reef of Van Diemen's Land. In
+consequence of this idea, the French government in 1791," &c. The first
+mistake can be allowed for; but not that a discovery of letters in 1809,
+prompted an expedition in 1791.]
+
+[Footnote 8: _Hobart Town Gazette_, 1827.]
+
+[Footnote 9: _Flinders' Introduction, &c._]
+
+[Footnote 10:
+
+Position of Low Head:--Lat. 41°  3' 30" S.
+                     Long. 146° 48' 15" E.--_Flinders._]
+
+[Footnote 11: _Collins_, vol. ii. p. 183.]
+
+[Footnote 12: _Remarks by Robert Brown, F.R.S. Appendix to Flinders_,
+vol. ii. p. 533.]
+
+[Footnote 13: _Flinders_, vol. ii. p. 275. Jorgenson, the Dane, who was
+a seaman on board the _Lady Nelson_, tender to the _Investigator_,
+stated, in his rattling way, that she was in good condition, and
+absurdly insinuated foul play. The _Investigator_ was cut down, and
+returned to Europe in charge of Captain Kent, R.N.]
+
+[Footnote 14: _Quarterly Review_, 1814.]
+
+[Footnote 15: See _Flinders_, vol. i. p. 305.]
+
+[Footnote 16: This statement, after Rev. Mr. Gell, is erroneous. Mougé
+died from diseases occasioned by the climate of Timor, and the hardships
+of the voyage (See Peron's work). He arrived in an exhausted and
+consumptive state: when he attempted to land (20th January, 1802), he
+fainted, and was instantly conveyed on board. He went no more on shore,
+but to the grave. He was buried at the foot of a tree, at Maria Island,
+and the name Point Mougé was given to the spot.
+
+On the 17th January, the French were attacked by natives at Swan Port,
+and Mougé was probably of the party. A native attempted to snatch the
+drawings; "then to strike down our weak friend, when he was prevented by
+those who ran to his assistance." The French say, they loaded them with
+favors, and did not avenge this violence. It is, no doubt, this account
+which Mr. Gell confused with the death of Mougé.]
+
+[Footnote 17: "The famous northern confederacy placed England on the
+verge of destruction, and Captain Hamilin had reason to fear that he
+should not have been allowed to remain in port, or at least should be
+refused succour; but the English received him with liberality, _grande
+et loyale_: the first houses at Port Jackson were open, and the whole
+resources of the colony were at the disposal of the French captain."
+"Oftentime did they repeat that excellent maxim, that France first
+inscribed on the code of nations: _causa scientiarum causa
+populorum_"--the cause of science is the people's cause. So writes M.
+Peron; but the benefit of these sentiments was denied Captain Flinders.]
+
+[Footnote 18: _Cook's Voyages._]
+
+[Footnote 19: _Tench's Narrative_, p. 99.]
+
+[Footnote 20: "The _Astrolabe_, M. de la Perouse, and the _Boussole_, M.
+de L'Angle, were lost on the S. W. side of Manicolo. On one stormy
+dismal night, the oldest natives state, the vessels were blown upon a
+reef. One was a complete wreck by day-light, and all hands perished!
+From the other, however, some of the crew managed to effect a landing,
+when many of them were massacred as they gained the shore, the natives
+taking them for white spirits, with long noses (their cocked hats being
+considered a part of the face!). As soon as the unfortunate mariners
+were proved to be human beings, those that had escaped death from the
+waves and the savages were allowed to remain unmolested. A small vessel
+was built from the wrecks, which spot Captain Dillon saw; and as soon as
+the bark was ready, the survivors, with the exception of two, left
+Manicolo, and have never been heard of since! The natives further
+represented, whilst on the island, that the strangers were continually
+looking at the sun, and taking their usual observations. So late as six
+years ago, the two Frenchmen were alive; but one joined a party of the
+natives in a war, who were defeated: the other died at Manicolo about
+three years since. Captain Dillon has secured several nautical
+instruments, many silver spoons, a silver salver, which are all marked
+with the _fleur-de-lis_; a pair of gold buckles, some China ware, a
+Spanish dollar, a piece of the ornamental work of the stern of a ship
+(with the arms of France) much decayed; several brass sheaves belonging
+to a frigate's topmast, a composition pump, copper cooking utensils, a
+large quantity of iron knees; the silver handle of a sword-guard that
+was taken to Calcutta in the _St. Patrick_, which led to this important
+discovery, and which bears the ciphers of the unfortunate Count; several
+large brass guns, which were found where one vessel was totally wrecked;
+together with about four or five tons of other valuable and recognisable
+articles. Most of the houses, or huts, were found to have bags suspended
+to their sides, and those contained human sculls in a decaying
+condition; but whether they were of European or aboriginal extraction,
+in the absence of an able phrenologist, could not be ascertained."--_Sydney
+Gazette, January, 1828._
+
+The following curious relation, is of a dream of John Maatzuiker, whose
+name is given by Tasman to a rock on the coast. On the 11th of Feb.,
+1662, he dreamed, "that he saw Arnold de Vlaming, member of the council
+of India and admiral of the fleet, who sailed for his native country on
+the 23rd of December, 1661, in extreme danger, and heard him call
+several times for help." The dream was repeated: "he then remained
+awake, noted the day," &c., "sealed it, and gave it to the other members
+of government." "Accounts were brought from the Cape, that the same day
+his ship and some others had sunk with man and mouse." "The paper still
+remains at Batavia, or did twenty years ago."--_Collection of remarkable
+Dreams, by Dr. Wm. Greve._ Amsterdam, 1819. The story is taken from _Old
+and New West Indies. By François Valentijn_. vol. iv. p. 312.]
+
+[Footnote 21: Rossel, the editor of _D'Entrecasteaux's Voyage_, on
+returning homeward was captured by the English, and being a royalist was
+employed in the admiralty; but when emigrants were permitted to return,
+he went home, and was patronised by Napoleon. His account of
+D'Entrecasteaux is more favorable than that in the work of
+Labillardière.]
+
+[Footnote 22: _Penny Cyclopædia_: art. Bass.]
+
+[Footnote 23: _Ross's Almanack_, 1835.]
+
+
+
+
+SECTION II.
+
+
+The settlement of New Holland was proposed by Colonel Purry, in 1723: he
+contended that in 33° south, a fertile region would be found, favorable
+to European colonisation. He offered his theory to the British
+government, then to the Dutch, and afterwards to the French; but with
+little encouragement. His views were submitted to the Academy of
+Sciences at Paris, who replied that "they could not judge of countries
+they had not seen."[25] Thus the project slept, until the great English
+navigator in 1770 gave certainty to what had been conjecture.
+
+To Dalrymple, the hydrographer, the impulse of this enterprising era is
+largely due. He fully believed that a vast southern continent must
+exist, to balance the antipodes. So firm was his conviction, that he
+defined its extent as "greater than the whole civilised part of Asia,
+from Turkey to the extremity of China. Its trade would be sufficient to
+maintain the power of Great Britain, employing all its manufactories and
+ships." The position of this region of fancy was traversed by Cook, who
+found nothing but ocean. The doctrine of terrestial counterpoise was
+disturbed; he, however, alighted on a great reality.
+
+The description of New South Wales by Cook and his companions, which
+charmed the public, attracted the attention of the crown; and Botany
+Bay, named on account of the variety and beauty of its vegetation--long
+known through Europe as a region of gibbets, triangles, and chains; to
+be celebrated hereafter as the mistress of nations--was selected for a
+settlement. 565 men and 192 women, the pioneers of a larger division,
+were embarked under the charge of a military force composed of
+volunteers; comprehending, besides the staff, sixteen commissioned
+officers.
+
+The fleet consisted of H.M.S. _Sirius_, _Hyena_, and _Supply_; six
+transports and three victuallers: they assembled at the Motherbank on
+the 16th March, and sailed on the 13th May, 1787.[26] They touched at
+Teneriffe, and then at the Cape. Separated into two divisions, they
+reached their destination within forty-eight hours of each other. On the
+day of their junction, dense clouds threw a gloom over the sea; but they
+rejected the omen, and believed that they had seen "the foundation, and
+not the fall of an empire." Having found the bay unsuitable for
+location, they proceeded to examine the port called after Jackson, a
+seaman, who observed it from the mast, and immortalised his name. As
+they passed the capes, which form an entrance, they were in raptures
+with the scene:--the tall mouldering cliffs; the trees, which touched
+the water's edge; and the magnificent harbour, four miles in length,
+begirt with a luxuriant shore.
+
+It was on the 7th February, 1788, that the Governor was inaugurated: an
+area being cleared for the purpose, the military marched to the ground
+with music, and colors flying; 750 convicts, 212 marines and their
+officers, were assembled. The standard of England was unfurled, the
+commission of Phillip, the first governor, published, and the courts of
+justice proclaimed. The usual formalities being complete, Phillip turned
+to the prisoners, and declared his intentions. He had resolved to
+cherish and render happy such as might deserve his favour; but to allow
+the law its course with the impenitent and unreformed. In such language
+we discern the sentiments which prevailed: banishment, not punishment
+for past crimes, was implied in the cheering alternative. From that
+moment he possessed authority to manumit not less absolute than the
+sovereign, but immeasurably more power to avenge.
+
+Those who first entered New Holland, and witnessed the elevation of the
+royal standard on the shores of Port Jackson, described in terms of
+despondency its barren soil, barely compensated by its salubrious
+atmosphere. Contemporary political writers looked coldly on the infant
+establishment, as the diseased and hopeless progeny of crime: one, which
+could never recompense the outlay of the crown, either by its vigour or
+its gratitude. The projects entertained, in connection with commerce,
+were the growth of flax and the supply of naval timber, both of which
+had been reported by Cook as indigenous to Norfolk Island. "When viewed
+in a commercial light," Captain Tench observes (writing in 1789), "the
+insignificance of the settlement is very striking." "Admitting the
+possibility," he continues, "that the country will hereafter yield a
+sufficiency of grain, the parent state must long supply the necessaries
+of life. The idea of breeding cattle sufficient to meet the consumption,
+must be considered very chimerical." Such desponding sentiments mostly
+attend the first stages of colonisation; but in a much later period, the
+enterprise was regarded with scarcely less suspicion: "Why," said a
+celebrated critic, "we are to erect penitentiaries and prisons, at the
+distance of half the diameter of the globe, and to incur the enormous
+expense of feeding and transporting its inhabitants, it is extremely
+difficult to discover. It is foolishly believed, that the colony of
+Botany Bay unites our moral and commercial interests, and that we shall
+receive, hereafter, an ample equivalent in the bales of goods, for all
+the vices we export."[27] With what obstinacy an idea once mooted is
+cherished, may be inferred from an opinion afterwards expressed by an
+authority of still greater pretension:--"The most sanguine supporter of
+New South Wales system of colonisation, will hardly promise himself any
+advantage from the produce it may be able to supply."[28] Its corn and
+wool, its timber and hemp, he excludes from the chances of European
+commerce, and declares that the whale fishery, after repeated failures,
+had been relinquished!
+
+It is not less instructive than pleasing, to notice the past epochs of
+opinion: we find consolation against the dark clouds overshadowing the
+future, by discovering how many forebodings of ancient seers have
+vanished before the light of the event.
+
+These discouraging views were not, however, universal. Many
+distinguished men imagined an advancement, which our age has been
+sufficient to realise. To commemorate the foundation of the colony the
+celebrated artist, Wedgewood, modelled, from clay brought from the
+neighbourhood of Sydney, an allegorical medallion, which represented
+Hope encouraging Art and Labor, under the influence of Peace.[29]
+
+The French, however, always represented this colony as a masterpiece of
+policy; an element of Anglican power, pregnant with events. Peron, when
+dwelling on the moral prodigies of the settlement, declared that these
+but disguised the real objects of its founders, which, however, could
+not escape the discernment of statesmen: they saw the formidable germ of
+great revolutions.[30]
+
+The expedition of Baudin was connected by English politicians[31] with a
+project of French colonisation. His instructions directed him to inspect
+narrowly the places eligible for occupation, and it was expected that an
+Australian Pondichery would become a new focus of rivalry and intrigue.
+The special injunctions to survey the inlets of Van Diemen's Land,
+seemed to indicate the probable site of an establishment so obnoxious.
+
+Dr. Bass had, however, already examined this country with similar views,
+especially the margin of the rivers. To him no spot on the eastern side
+of the Derwent appeared to equal the neighbourhood of Risdon Creek,
+around which he observed an expanding area of fertile land. He
+delineated not less favorably the valley of the Tamar. This country he
+considered preferable to New South Wales: with a greater proportion of
+fertile soil, more amply supplied with water, and well adapted for
+colonisation.[32]
+
+FOOTNOTES:
+
+[Footnote 24: _Introduction._ p. 120.]
+
+[Footnote 25: _Literary Chronicle_, 1822.]
+
+[Footnote 26: The incidents of the voyage are related by Captain Tench.]
+
+[Footnote 27: _Edinburgh Review_, 1803.]
+
+[Footnote 28: _Quarterly Review_, 1814.]
+
+[Footnote 29: On this medal an author, quoted in _Phillip's Voyages_,
+ventured a poetical prophecy, which has at least the merit of
+truthfulness:--
+
+VISIT OF HOPE TO SYDNEY COVE.
+
+_Written by the author of the Botanic Garden_, 1791.
+
+Where Sydney Cove her lucid bosom swells,
+Courts her young navies, and the storm repels;
+High on a rock, amid the troubled air,
+HOPE stood sublime, and wav'd her golden hair.
+"Hear me," she cried, "ye rising realms record
+Time's opening scenes, and Truth's unerring word:
+There shall broad streets their stately walls extend,
+The circus widen, and the crescent bend;
+There, ray'd from cities o'er the cultur'd land,
+Shall bright canals and solid roads expand.
+Embellish'd villas crown the landscape scene,
+Farms wave with gold, and orchards blush between;
+While with each breeze approaching vessels glide,
+And northern treasures dance on every tide!"
+Then ceas'd the nymph: tumultuous echoes roar,
+And Joy's loud voice was heard from shore to shore.
+Her graceful stops descending press'd the plain,
+And Peace, and Art, and Labor, joined the train.
+
+_--Governor Phillip's Voyage to Botany Bay._]
+
+[Footnote 30: Vol. i. p. 12.]
+
+[Footnote 31: _Quarterly Review._]
+
+[Footnote 32: _Collins's New South Wales_, vol. i. p. 180.]
+
+
+
+
+HISTORY OF TASMANIA.
+
+FROM 1803 TO 1824.
+
+
+
+
+FROM 1803 TO 1824.
+
+
+SECTION I.
+
+
+The establishment of a settlement in Van Diemen's Land, perhaps thus
+hastened by the jealousy of a rival power, was at first chiefly intended
+to relieve Port Jackson. Fifteen years had elapsed since its foundation,
+and from six to seven thousand prisoners had been transported thither:
+dispersion became necessary to security--to repress alike the vices of
+the convicts, and the growing malversation of their taskmasters. The
+want of prisons, or places of punishment, and the indolence and
+intemperance of emancipist settlers, endangered authority.
+
+In 1800, the transportation of the _defenders_ from Ireland, appears to
+have created continual anxiety: a committee of officers was formed to
+examine persons suspected, when Harold, a priest, was arrested, and
+accused his fellow prisoners. His testimony was insidious, and
+discredited; but the alarm led to the formation of a volunteer company
+of a hundred persons, who armed for the suppression of rebellion. The
+more distrusted of the Irish prisoners were conveyed to Norfolk Island;
+there, some months after, a conspiracy was detected to massacre the
+officers, and seize the island. On the night fixed for action, the plot
+was discovered. An Irish servant, muttering words of compassion, was
+overheard by his master: he was induced to explain, and was immediately
+taken to Major Foveaux, the officer in command. The danger was imminent:
+the warmth of the season (December) had tempted the soldiers to slumber
+with open doors, and it was said that the sentinels were implicated who
+that night kept watch. These being changed, and other precautions
+adopted, the plotters postponed their design; and next day were marched
+to church without suspicion. The door was beset with soldiers: the
+leaders were arrested; one executed--and on the following day, the
+blacksmith, charged with fabricating arms, was also hung. The necessity
+for dispensing with the forms of law was not made out, and these summary
+punishments were censured. That the danger was not imaginary, may,
+however, be inferred from the after attempts at Port Jackson.
+
+The military force of New South Wales, drawn together by a love of
+adventure, or the hope of gain, when their own status was assailed, were
+often exacting and severe: but they slightly sustained the moral
+strength of the government. To select mistresses from the female
+prisoners was one of their earliest and most valued prerogatives, who,
+standing in this equivocal relation, became their agents and sold their
+rum.
+
+The Governor, after struggling to abate the abuses around him, yielded
+to a pressure which seemed irresistible. He endeavoured to mollify by
+his liberality, those he could not govern by restraint: he multiplied
+licenses for the sale of rum, and emancipists aspired to commercial
+rivalry with the suttlers in commission. The chief constable was himself
+a publican, and the chief gaoler shared in the lucrative calling, and
+sold spirits opposite the prison.
+
+The moral laxity which prevailed, produced its natural
+consequences--violations of discipline, which led to great crimes. The
+offenders, to escape immediate punishments, retreated to the remote
+districts; occasionally sheltered by the emancipist cotters. The feeble
+resistance offered to their depredations, inspired, and almost justified
+the prisoners in the hope, that the common bondage might be broken. A
+large agricultural establishment, belonging to the government, at
+Castle-hill, Parramatta, employed many Irishmen implicated in the recent
+disorders of their country. These prompted the rest to attempt to
+recover their liberty, but they were subdued by the military under Major
+Johnstone: some were shot, and several executed.
+
+In this unsatisfactory condition was the colony of Port Jackson, when
+Van Diemen's Land was occupied. Its remote distance, its comparatively
+small extent and insular form, fitted it for the purposes of penal
+restraint--a place where the most turbulent and rapacious could find no
+scope for their passions. Its ports closed against commerce, afforded
+few means of escape. In New Holland, labor and produce were redundant:
+overwhelming harvests reduced the price of grain so low, that it was
+rejected by the merchants; goods could not be obtained in exchange;[33]
+and the convicts at the disposal of government were a burden on its
+hands--almost in a condition to defy its authority. Thus, Van Diemen's
+Land was colonised; first, as a place of exile for the more felonious of
+felons--the Botany Bay of Botany Bay--
+
+"And in the lowest deep, a lower deep!"
+
+Lieutenant Bowen, in the _Lady Nelson_, set sail from Sydney, and in
+August, 1803, landed at Risdon, on the east bank of the Derwent: his
+party included a few soldiers and prisoners, and Dr. Mountgarrat, the
+surgeon. A far more important immigration soon followed.
+
+Port Phillip, on the east coast of New Holland, first discovered by
+Captain Murray in the _Lady Nelson_, 1799, was surveyed by Flinders in
+1802, and in 1803 by Grimes, the surveyor-general. They reported the
+country to be lightly timbered, to abound in herbage, and gentle slopes
+suitable to the plough. The port offered an asylum against both war and
+tempests, sufficient for the fleets of all nations.[34]
+
+The establishment of a settlement at Port Phillip being determined on by
+the ministry of Great Britain, an expedition was forwarded, which
+consisted of the _Calcutta_, 50 guns, Captain Woodriff, and the _Ocean_,
+a transport of 500 tons. In addition to the convicts, there were forty
+marines, four hundred male prisoners, twelve free settlers and their
+families, six unmarried women, six the wives of prisoners, and six
+children. It is scarcely necessary to remark, that the morals of the
+officers, or of the women, were not superior either to the service or to
+the times. The events of the voyage, worthy of remembrance, were not
+numerous; it was disturbed by rumours of plots and conspiracies;
+punishments were not infrequent, and one woman was flogged for stealing
+the cap of a companion.
+
+The _Calcutta_ did not convey the settlers to the Derwent. On her return
+to Great Britain, Lieutenant Tuckey published an account of the voyage to
+Port Phillip, which he surveyed. In the year following (1805), the
+_Calcutta_ was convoy to St. Helena, and encountered the Rochefort
+squadron. Captain Woodriff determined to engage the whole division: the
+merchantmen escaped; but the _Calcutta_, in the unequal contest, became
+unmanageable, and struck her colors. Captain Woodriff was soon
+exchanged, but Lieutenant Tuckey remained in captivity until the allied
+armies entered France.
+
+Promoted to the rank of commander, he received charge of the expedition
+in 1816, sent to explore the Zaire; but with most of his people fell a
+martyr to the spirit of African discovery. He is said to have been
+handsome in person, and generous in hand. "He knew nothing of the value
+of money, except as it enabled him to gratify the feelings of a
+benevolent heart."[35]
+
+The spot selected at Port Phillip, was ill-chosen as the site of a town,
+and they found great difficulty in obtaining pure water. These
+circumstances, represented by Collins to the Governor-in-chief, were
+thought sufficient to justify a removal to Van Diemen's Land, and long
+postponed the occupation of a country, inferior to few in this
+hemisphere; a measure lamented by several of the settlers. A lady,
+writing to her friends from the banks of the Derwent, censured, in terms
+of great contempt, the relinquishment of Port Phillip, which she
+described in glowing language: she seemed alone capable of estimating
+its future importance; but she pronounced Van Diemen's Land a dreary and
+desert region, destined never to prosper--thus she forfeited the credit
+of prophecy.[36]
+
+Several prisoners attempted to escape; in one instance, with a singular
+result. Buckley, a man of gigantic stature, and two others, set off, it
+was said, for China! They rambled for some distance together, and
+suffered great misery: at last, they parted. Of his companions, Buckley
+saw no more, and when he returned to the settlement all was deserted.
+After months of solitary wandering, he found a tribe of natives, by whom
+he was adopted: he remained among them for three-and-thirty years,
+conforming to their barbarous customs, and forgetting his own language.
+Once only he saw the faces of white men; a boat's crew landed to bury a
+seaman: he endeavoured to arrest their attention; they looked at him
+earnestly, but took him for a savage--he was dressed in a rug of
+kangaroo skin, and was armed with spears. This man still survives: he
+contributed to the friendly reception of his countrymen; but during his
+long sojourn, he had imparted no ideas of civilisation.
+
+The _Lady Nelson_ and the _Ocean_ conveyed the party from Port Phillip
+to the Derwent. The situation of the camp at Risdon had been found
+undesirable, they therefore landed at Sullivan's Cove. They arrived in
+two divisions, on the 30th January and 16th February, 1804. The names of
+the principal persons are as follows:--Lieutenant-Governor Collins; Rev.
+R. Knopwood, chaplain; E. Bromley, surgeon superintendent; W. Anson,
+colonial surgeon; M. Boden, W. Hopley, assistant surgeons; P. H.
+Humphrey, mineralogist; Lieutenant Fosbrook, deputy-commissary-general;
+G. P. Harris, deputy-surveyor; John Clarke and William Patterson,
+superintendents of convicts; Lieutenants W. Sladen, J. M. Johnson, and
+Edward Lord; 39 marines, 3 sergeants, 1 drummer, 1 fifer; and 367 male
+prisoners.
+
+Meantime, the _Lady Nelson_ was dispatched to Port Dalrymple, and
+surveyed the entrance of the Tamar: the report being favorable, a small
+party of prisoners were sent from Port Jackson, under Colonel Paterson,
+to form a settlement, who landed in October, 1804, and for some time
+held little intercourse with the settlement on the Derwent. Such were
+the pioneers of this important colony; and to so many casual but
+concurring incidents, we owe its existence.
+
+The first annals of the settlement offer few events worthy of record.
+The transactions of a community, which in 1810 did not comprehend more
+than thirteen hundred and twenty-one persons,[37]--the greater part
+subject to penal control--could not, unassociated with the present,
+detain attention for a moment. The discipline which prevailed in Van
+Diemen's Land, and the results which it produced, will be hereafter
+related to illustrate transportation; for who would load the colonial
+fame with details, from which the eyes of mankind turn with natural
+disgust, or blend them with the fabric of Tasmanian history?
+
+The first Governor-in-chief of Van Diemen's Land, the third of New South
+Wales, was Philip Gidley King, son of Philip King, a draper, of
+Launceston, Cornwall, England. At twelve years of age he entered the
+royal navy: by Admiral Byron he was made lieutenant, and holding that
+rank in the _Sirius_, he attended the expedition of Phillip in
+1788.[38] He was employed to establish the settlement of Norfolk
+Island, where his proceedings, recorded in his official journal, and
+afterwards published in various forms, afforded great amusement and
+satisfaction. There he united in his person, for some time, the priest
+and the ruler: he experienced during his residence, most of the
+anxieties and difficulties incident to such stations, and detailed them
+with curious minuteness. As a cultivator he was energetic and
+persevering; but the rats devoured his seed, or torrents washed it away:
+or a tropical hurricane, which tore up huge trees, overthrew the frail
+buildings he reared. His people conspired to seize his government; he
+detected, and forgave them: yet he was not scrupulous in his methods of
+punishment. A woman he repeatedly flogged, for stealing the provisions
+of her neighbours. He, however, saw the little settlement gradually
+improve: it became the favorite residence of the officers; and, as the
+climate was better understood, the fertility of the soil yielded a
+surpassing abundance.
+
+King was not inattentive to his own interest, and became the owner of
+considerable stock. Anecdotes of his humour circulate through the
+colonies: being asked by a settler to find him a man to perform certain
+work, he took him into his room and pointed him to a mirror. Again, when
+a marine was the suitor for some favour, in rejecting his petition he
+put him through his exercises, which ended in _quick march_. He had the
+frankness of the sailor, and neither aspired to state nor exacted
+homage.
+
+David Collins, Esq., long judge advocate of New South Wales, was the
+first Lieutenant-Governor of Van Diemen's Land. He was present with his
+father, General Collins, at the battle at Bunker's Hill, and thus
+witnessed an event accepted by exulting Europe as a signal that British
+sway over that region was lost. It was the lot of Collins to proclaim
+the dominion of Great Britain at the inauguration of Phillip, and thus
+announced the first day of a second and not less valuable empire.
+
+Such incidents teach us that a single life may embrace events beyond the
+scope of imagination. We are reminded of the most brilliant passage in
+the oratory of Burke, delivered while the authority of the crown was
+trembling in the balance of fate. When illustrating how far the
+realities of the future might exceed the visions of the present moment,
+he stated that a venerable nobleman, Lord Bathurst, could remember when
+American interests were a little speck, but which during his life had
+grown to greater consequence than all the commercial achievements of
+Great Britain in seventeen hundred years. "Fortunate man," he exclaimed,
+"he has lived to see it: fortunate, indeed, if he lives to see nothing
+which will vary the prospect, and cloud the setting of his day."[39]
+
+Collins was favorably known to the public by his _Account of the English
+Colony in New South Wales_: his work was distinguished by the reviewers,
+amidst a crowd of publications, as superior to them all.[40] The
+stateliness of his style, and the pomp with which he ushers trivial
+events, were less apparent when the topics were new. In the last page
+he, however, complains that he had spent nine years in the colonial
+service, which intercepted the honors of his profession; a case of
+hardship, he remarks, everywhere admitted, both by those who could
+compensate, and those who could only condole.
+
+In his dedication to Lord Hobart, the principal secretary of state, he
+drops the tone of complaint and disappointment: he tells that nobleman
+that his private virtues were rendered more conspicuous by the splendour
+of his talents as a statesman, and that praise could not be interpreted
+as flattery, when devoted to a name which commanded the veneration of
+the world. Remonstrances so skilfully advanced could not be unnoticed:
+Collins was at once raised to the rank of colonel, and the intelligence
+with which he delineated the proper objects and agents of penal
+government, exalted him still higher. He dated his dedication in 1802,
+and embarked the following year as governor of the settlement it had
+been resolved to form.
+
+FOOTNOTES:
+
+[Footnote 33: _Wentworth's New South Wales_, p. 210.]
+
+[Footnote 34: _Flinders_, vol. i.]
+
+[Footnote 35: _Narrative:_ published by authority of the Admiralty,
+1818.]
+
+[Footnote 36: "We arrived in October, 1803: my pen is not able to
+describe half the beauties of that delightful spot: we were four months
+there. Much to my mortification, as well as loss, we were obliged to
+abandon the settlement, through the whim and caprice of the
+Lieutenant-Governor: additional expense to government, and additional
+loss to individuals, were incurred by removing to Van Diemen's Land,
+which _can never be made to answer_. Port Phillip is my favorite, and
+has my warmest wishes. During the time we were there, I never felt one
+ache or pain, and I parted from it with more regret than I did from my
+native land." The following is the endorsement of this letter:--"Dated
+May 23rd, 1805; received October 10th, 1805--half a year! From an
+officer's wife, Mrs. Hartley (quere Hopley?), to her sister."--_Collection
+of Letters, for a History of New South Wales. By a Merchant._ London:
+Valpy, 1812.]
+
+[Footnote 37: Report of Commons on Transportation, 1812.]
+
+[Footnote 38: _Phillip's Voyage_, p. 95.]
+
+[Footnote 39: The reader will not be displeased to see the whole
+passage. On the 22nd of March, 1775, upon moving his resolutions for
+conciliation with America, Edmund Burke thus addressed the house:--
+
+"Mr. Speaker,--I cannot prevail on myself to hurry over this great
+consideration. It is good for us to be here. We stand where we have an
+immense view of what is, and what is past. Clouds indeed, and darkness
+rest upon the future. Let us, however, before we descend from the noble
+eminence, reflect that this growth of our national prosperity has
+happened within the short period of the life of man: it has happened
+within sixty-eight years. There are those alive whose memory might touch
+the two extremities. For instance, my Lord Bathurst might remember all
+the stages of the progress. He was in 1704, of an age, at least, to be
+made to comprehend such things. He was then old enough--_acta parentum
+jam legere et quæ sit poterit cognoscere virtus_. Suppose, Sir, that the
+angel of this auspicious youth, foreseeing the many virtues which made
+him one of the most amiable, as he is one of the most fortunate men of
+his age, had opened to him in vision, that when in the fourth generation
+the third prince of the house of Brunswick had sat twelve years on the
+throne of that nation, which (by the happy issue of moderate and healing
+councils) was to be made Great Britain, he should see his son, Lord
+Chancellor of England, turn back the current of hereditary dignity to
+its fountain, and raise him to higher rank of peerage whilst he enriched
+the family with a new one. If, amidst these bright and happy scenes of
+domestic honor and prosperity, that angel should have drawn up the
+curtain and unfolded the rising glories of his country, and whilst he
+was gazing with admiration on the then commercial grandeur of England,
+the genius should point out to him a little speck, scarce visible in the
+mass of national interest--a small seminal principle rather than a
+formed body--and should tell him: Young man, there is America, which at
+this day serves for little more than to amuse you with stories of savage
+men and uncouth manners; yet shall, before you taste death, show itself
+equal to the whole of that commerce which now attracts the envy of the
+world. Whatever England has been growing to by a progressive increase of
+improvement, brought in by varieties of people, by succession of
+civilising conquests, civilising settlements in a series of seventeen
+hundred years, you shall see as much added to her by America in the
+course of a single life! If this state of his country had been foretold
+to him, would it not require all the fervid glow of enthusiasm to make
+him believe it? Fortunate man, he has lived to see it: fortunate indeed,
+if he lives to see nothing that shall vary the prospect, and cloud the
+setting of his day."--_Parl. Hist._, vol. xviii. p. 487.]
+
+[Footnote 40: _Edinburgh Review_, 1803.]
+
+
+
+
+SECTION II.
+
+
+When Collins determined to relinquish Risdon, after survey and
+comparison of the places offered to his choice, he preferred the spot on
+which stands Hobart Town, called after the name of his patron.
+Imagination has traced in its natural outlines a resemblance to the
+seven-hilled Roman capital, once the mistress of the world.[41] Its
+chief recommendation was the stream which runs through the centre of the
+city, whose margin was then beset with brushwood, and choked with
+prostrate trees: these often obstructed its course, and threw over the
+adjacent banks a flow of water, and thus formed marshes and pools.[42]
+
+Hobart Town is built on the west side of the Derwent, a river named
+after the Derwent in Cumberland, celebrated by Wordsworth, the laureate
+of England, and the poet of the lakes, who thus associates with its
+beauties the recollections of his childhood:--
+
+"Among the mountains were we nursed, loved stream!
+Thou near the eagle's nest,
+Where thy deep voice could lull me."
+"--------Glory of the vale!
+Kept in perpetual verdure by the steam
+Of thy soft breath."[43]
+
+The county, including at first half the island, was called after the
+same nobleman, who was then Lord Buckinghamshire.
+
+The northern settlement, formed by Colonel Paterson,[44] was seated on
+the Western Arm of the Tamar, and called York Town. In describing the
+site, the difficulty of obtaining water is noticed by Flinders; but by
+Dr. Bass, the adjacent land was represented as adapted for both
+agriculture and pasture: he added, "If it should be ever proposed to
+make a settlement, this part seems to merit particular attention." From
+this spot the greater part of the new establishment was removed (1806)
+to the country above the North and South Esk; where the colonists were
+delighted to discover extensive plains equally suitable for tillage and
+pasture, where not a tree obstructed the prospect.[45]
+
+The Tamar was traced, and named by Paterson after a Cornish stream, and
+the valley of Launceston, after a town in Cornwall, and both in honor of
+Governor King. At Launceston he proposed to establish a sea port town,
+for the northern section of the island. Port Dalrymple, as this
+settlement was then called, was not under the government of Hobart Town
+until 1812.[46]
+
+The first communication between Hobart and Launceston was opened by
+Lieutenant Laycock and his party, they were nine days in the journey,
+and their unexpected appearance excited great astonishment at
+Hobart.[47] A loaded cart was subsequently sent to Launceston, and
+passed over the country without falling a single tree.[48]
+
+The first Tasmanian house stood on land adjoining the Macquarie Hotel:
+it was built by Lieutenant E. Lord, of wattle and dab--its windows, like
+the port-holes of a vessel. That it was the first, constituted its chief
+claim to distinction: it was considered as an achievement of
+civilisation--a trophy gained upon the wilderness. All were not so well
+lodged; yet such houses are soon reared. Posts, joined by wall plates,
+fixed in the ground; woven with wattle rods, plastered with mingled
+clay, sand, and wiry short grass, and whitened--a grass thatched roof; a
+chimney of turf piled on stone, a door and a window: the cottage is
+finished.
+
+The removal of the settlers from Norfolk Island, colonised in 1788, was
+the next most important event. On his return to Great Britain, Collins
+visited that place, in company with Hunter, the late governor-in-chief.
+On the whole, he represented Norfolk Island as by no means promising to
+repay the annual cost, and it was resolved to abandon it.
+
+In 1803, directions were issued by Lord Buckinghamshire (Lord Hobart).
+The opposition of the settlers, and the fear of famine, for some time
+occasioned delay. In 1805, only four free settlers had removed. The
+order was renewed in 1808 by Mr. Windham, then secretary of state, and
+Captain Bligh directed Captain Piper to compel the colonists to evacuate
+the island, and even to shoot any one who might retreat to the woods to
+avoid embarkation.[49] They were conveyed to this island chiefly in the
+_Estramina_, _City of Edinburgh_, and _Sydney_: 254 arrived on 15th
+October, 1808.[50]
+
+Norfolk Island, so celebrated for its genial climate and unusual
+fruitfulness, is of volcanic origin, and contains about 14,000 acres. It
+lies on the 29th parallel,[51] north of New Zealand: it is nine hundred
+and ninety miles from Port Jackson, thirteen hundred miles from the
+Derwent, and until seen by Captain Cook, was probably never visited by
+man. Norfolk Island has twenty-eight miles of sea shore: its greatest
+elevation is Mount Pitt: it is a succession of hills and valleys. Its
+lofty cliffs, which breast the ocean, are crowned by the elegant white
+wood and the gigantic pine. The wild jasmine and convolvuli, which reach
+from tree to tree, form bowers and walks of exquisite beauty. Twice in
+the year the settler gathered his harvest: the lemon, the orange, and
+the pine, shed their fragrance in profusion, and yielded the richest
+fruit. Though liable to occasional storms and destructive insects, the
+husbandman could scarcely be said to toil. Gentle showers frequently
+refresh the undulating soil, and pour down rivulets to the ocean. Sea
+breezes cool the atmosphere, and the diseases often incident to such
+latitudes, are unknown; but no ships can anchor: it is a land unsuited
+to commerce.
+
+Thus it presented no incitement to exertion: it gave the indolent
+abundance without labor; it afforded a leisure, in which man is prone to
+degenerate and sink into the savage. Distillation from the cane produced
+spirits, more than usually deleterious: unacquainted with the process by
+which saccharine is crystalised, the settlers were unable to prepare
+sugar. They found the raw rum destructive, and attributed its fatal
+effects solely to the leaden worms![52]
+
+In 1800, the population of Norfolk Island comprehended 960 souls:[53]
+3,521 acres of land were granted; divided into farms of from ten to
+thirty acres each. A station, where rather more refractory offenders
+were sent, its government varied with the character of each officer. Of
+the moral condition of the island nothing good could be expected, and
+little favorable is remembered.
+
+Always a place of banishment, even when a colony, Norfolk Island seemed
+destined to exhibit the extremes of natural beauty and moral deformity.
+The language of Holt, the Irish rebel, who spent several months there,
+might be better suited to a latter period, but expressed the intensity
+of his abhorrence, not wholly unfounded--"That barbarous island, the
+dwelling place of devils in human shape; the refuse of Botany Bay--the
+doubly damned!"[54]
+
+On the determination of the government being announced, the settlers
+manifested great repugnance: the elder people declared they would not
+quit the country; it was, however, the decree of an irresistible will.
+The inhabitants were offered a settlement in Van Diemen's Land or New
+South Wales; mostly, they chose this country. They received from the
+government whatever would contribute towards reconciling them to the
+change. Vessels were provided for their removal, their possession in
+land was doubled, and it was freed from all conditions and reservations.
+They received cattle on loan, and they were rationed as new settlers
+from the public stores. That the change was beneficial to the rising
+generation can hardly be doubted; but the effect on the parents was
+generally painful. Time was required to equal the cultivation of the
+spot they had left, compared with which even Van Diemen's Land seemed
+blank and barren. Years after, they spoke of the change with regret and
+sadness.
+
+The settlers, divided into three classes, according to their origin or
+wealth, were located part in the neighbourhood of Hobart Town, at
+Pittwater, and New Norfolk, and part at Norfolk Plains. Thirty, forty,
+or fifty acres was the ordinary grant, until a later period: a large
+extent was neither possessed nor desired. Many valued nothing but the
+immediate benefits to which their character as immigrant farmers then
+entitled them. They drew their rations from the royal stores, and
+bartered away their homesteads for a few bottles of spirit; and it was
+no idle boast, that a keg of rum was then worth more than a common farm.
+Their hopeless and dissipated state is remarked in every document of the
+times: their frail dwellings soon exhibited all the signs of decay, and
+their ground was exhausted by continual cropping. Thus the exhilarating
+influences of youth and vigour, usual in the first steps of
+colonisation, were here unknown, and a civilising agency rarely
+counteracted the social evils which prevailed. The transactions of those
+early days are scarcely colonial: charged with debauch and outrage, they
+denote a time of social disorganisation--the dark ages found in the
+history of every country, where men have been their own masters, and
+remote from a public opinion, which cannot be corrupted or controlled.
+
+There were, however, a few settlers from Norfolk Island, distinguished
+from the rest by their enterprise and diligence, and who rose to wealth;
+but in glancing down the list, a colonist observes how few have retained
+their heritage.
+
+During the administration of Colonel Collins, the progress of the colony
+was barely perceptible. There were no roads in the interior; no public
+buildings: the house of the governor was a mere cottage, too mean for
+the accommodation of a modern mechanic.
+
+The transfer commenced at the close of 1805. The _Sydney_, Captain
+Forrest, was employed to convey to the Derwent a party of the settlers,
+and the stock belonging to the governor-in-chief: this was purchased by
+Mr. George Guest, who sold the sheep at £5 per head, and was repaid in
+cattle. In the _Sydney_, Joseph Holt, now discharged from restraint,
+visited Van Diemen's Land, and contributed to its welfare by his
+agricultural and pastoral experience. He found Collins still living in
+a tent. A few acres of land had been cultivated at New Town by convicts,
+in charge of Clarke, the superintendent: cattle had arrived from Bengal,
+and sheep from Port Jackson; but the progress of the settlement had
+hitherto been slow.
+
+In New South Wales,[55] gangs of men, stripped to the waist, labored
+together, and were exposed to rigorous discipline, common to slaves.
+These methods of tillage were introduced into Van Diemen's Land, where
+as yet there were no fields prepared for the plough, nor beast of
+draught to facilitate human toil. The chief overseers were not skilled
+in cultivation: one had been a shoemaker, the other a tailor; and while
+they were expecting large returns, they were ignorant that the full ears
+which promised an abundant yield, were smut, not grain. This early
+failure was attended with disastrous results.
+
+On the arrival of the _Sydney_, Collins looked narrowly into the
+probable resources at his disposal, and sent Joseph Holt to examine the
+land on the Derwent, with a view to future location. He proceeded along
+its shores, until a ledge of rocks obstructed the passage of his boat:
+then ascending an eminence, not less in apparent height than the
+Dromedary Mountain, "I sat down," he writes, "on its top, and saw the
+finest country eyes ever beheld." This was that extensive district
+which, from the previous residence of its occupiers, was named New
+Norfolk. The spot whence he surveyed the subjacent land he called Mount
+Casha.
+
+Joseph Holt, general of the rebel army of Wexford in 1798, at one time
+commanded 1,300 men. Memoirs, written by himself, were purchased by the
+keeper of the Irish records, and were edited by Thomas Crofton Croker.
+The result of that sanguinary struggle added considerable numbers to the
+population of these colonies, but on various terms. Holt was an exile,
+though often treated as a convict. As a commander he displayed great
+natural talents, courage, and fidelity. He ascribed his position as a
+rebel, solely to necessity of choosing between immediate death or
+insurrection. A neighbour wrecked his property, and denounced him a
+traitor in revenge: then loyal men were privileged to condemn without
+trial, and slaughter on the spot. In New South Wales, Holt was often
+suspected of sedition: he was imprisoned, and was forwarded to Norfolk
+Island without trial; on returning to Port Jackson, he visited the
+Derwent. Of Collins, Holt speaks with great enthusiasm, as the most
+lenient of the governors, and the finest of gentlemen: when he entered
+the forests, absconders would fall down on their knees before him, and
+obtain his forgiveness.[56]
+
+Holt's notices of this place are scanty, and of the people more so; but
+he observes that the daughter of Mrs. Hayes was a "beautiful girl: the
+prettiest violet I saw growing on the Derwent." Of such charms he was no
+mean judge.[57] Collins was desirous that Holt should settle on the
+Derwent, and wrote to Governor King for his consent: the knowledge he
+possessed of the treatment of stock, it was thought, would have been
+useful; but he resolved not to move farther from the port of
+embarkation. He at length returned to Ireland, with £2,000--a step he
+lived to deplore.
+
+The settlement was early involved in great difficulties. The hoe, the
+usual implement of husbandry, effected but a slow and discouraging
+progress: supplies from Port Jackson were forwarded in small quantities,
+and were soon altogether interrupted. In 1806 a disaster occurred, which
+reduced the elder colony to severe privation. The tempting fertility of
+of the land bordering on the Hawkesbury, the Nile of this hemisphere,
+induced the petty farmers, whose homesteads dotted its margin, to
+overlook its dangers. An inundation, remembered as the _great_ flood,
+exceeded all former devastations: vast torrents, of which the origin was
+unknown, descended from the mountains, and pouring down with prodigious
+violence, suddenly filled and overflowed the channels of the river; and
+rising to the height of sixty and eighty feet in a few hours, swept
+away the stacks of corn, the live stock, and even the dwellings. A
+vessel approaching the coast, saw fragments of the floating ruins many
+miles distant from the shore. Thus, lately possessing a superabundant
+store, the poor suffered extreme destitution, and the price of maize and
+wheat rose to £5 and £6 per bushel.[58]
+
+Unable to succour this colony, the government left it to its own
+resources, and for several years the scarcity continued with various
+intensity. The kangaroo hunters were the chief purveyors of food. The
+officers allowed servants, sent them to the woods, and sold their spoil
+to government. Considerable profits were made by the more successful:
+the commissariat allowed 1_s._ 6_d._ per lb., and the foundation of some
+fortunes were laid by persons whose servants were faithful and expert. A
+marine, assisted by two convicts, delivered to the king's stores, 1000
+lbs. of kangaroo per month, and continued in this occupation for several
+years. A few coarse biscuits were distributed while they lasted, but the
+substitute for bread was the dried and pounded flesh of kangaroo! The
+government, unable to feed, could no longer task the prisoners: to
+lessen the pressure, they were sometimes permitted to disperse in search
+of subsistence, and thus laid the foundation of those lawless habits
+which afterwards brought the colony to the verge of ruin.
+
+The _Sydney_ had been chartered to India for wheat, but was lost, and
+the colony disappointed of the expected relief. When this calamity
+became known, a second effort was made: Colonel Paterson, while acting
+Governor of New South Wales, contracted with Captain Bunker, of the
+_Venus_, to bring a cargo of wheat from Bengal. It was not until 1810,
+that she anchored in the Derwent: the dread of famine was removed, and
+wheat was now valued at 12s. a bushel. The change of seed enabled the
+farmers to clear their ground of that mixed and inferior grain which had
+disappointed all attempts at agricultural independence.[59]
+
+When at Bengal, the captain of the _Venus_ received from the governor
+two prisoners, supposed to be cast-aways from a vessel seized at Port
+Jackson. Stewart, formerly a lieutenant in the navy, secretly contrived
+a plan to take the _Harrington_, a vessel richly laden, and provisioned
+for a long voyage. The wind blew fair as she lay in Sydney harbour, a
+tempting prize: embracing the favorable moment, Stewart called together
+several companions whom he could trust, and submitted his project, at
+the instant proper for its execution--the first successfully attempted
+by prisoners. Thus, before suspicion was awakened, he had seized a
+boat, hurried on board, mastered the crew, and was scudding before the
+breeze. But at sea his good fortune forsook him: the _Harrington_ was
+recaptured by the _Greyhound_, and both vessels were lost on the coast
+of Luconia.[60]
+
+These pirates were permitted to land at the Derwent, and were left
+behind by the _Venus_. They were found at the house of Garth, a settler,
+by soldiers sent to seize spirits secretly landed from the vessel.
+Mistaking the errand of the soldiers, one of these men called on his
+comrade to resist them; and being enraged by a refusal, he fired, and
+inflicted a mortal wound.[61] Such complicated crime was not
+extraordinary; but the kind of force necessary in the civil government,
+and the shelter afforded to outlaws, were symptoms of social disorder,
+which soon after assumed an alarming character.
+
+It was the misfortune of Collins to be involved with the parties
+responsible in the deposition of Governor Bligh. This remarkable
+deviation from the ordinary conduct of British soldiers, has been
+attributed partly to the composition of the military force raised for
+that colony, and partly to the temper of Bligh. The officers merged the
+military character in the mercantile spirit, and were accustomed to
+enjoy privileges in virtue of their commissions, which they converted
+into a monopoly of trade. The distance of New South Wales from the
+centre of commerce, induced the crown to provide for the settlers the
+miscellaneous articles which are usually kept only by the shopkeepers.
+At Port Jackson, there were public magazines stored with every requisite
+for domestic use, such as potters' ware, utensils for the kitchen, and
+the implements of farming.[62] These were issued at stated prices,
+rather less than such commodities cost in Europe; but to prevent them
+becoming the objects of speculation, an official order for every issue,
+specifying the article, was necessary. Such methods of distribution
+gave, notwithstanding, ample room for partiality and corruption. On the
+arrival of Bligh, he found the improvident settlers, discontented and
+poor, completely in the hands of the martial dealers. Perhaps, from a
+love of justice, he attempted to rescue them from the grasp of these
+intermediate agents, who bought their produce at a narrow price, and
+gave them in exchange goods bearing an enormous per centage.[63] Bligh
+permitted the farmers to draw from the public magazine whatever was
+necessary for private use, and took their engagement to deliver their
+grain to the stores at the close of the harvest. This interruption to
+the customary dealings of the officers, naturally provoked them: Bligh
+reciprocated their aversion, and resented their disrespect. It is,
+indeed, stated by Wentworth, that this unfortunate officer renewed in
+New South Wales, the same tyranny which it is alleged had driven seamen
+of the _Bounty_ to mutiny: that his disposition was brutal, and that he
+refined on the modes of inflicting torture.[64]
+
+Bligh was arrested on the 26th January, 1808. A complicated quarrel with
+Mr. Macarthur, formerly paymaster of the New South Wales corps, arising
+out of mercantile transactions, was the occasion of the military
+insurrection. Having refused to attend a summons, Macarthur was
+apprehended on a warrant, and committed for trial: he was charged with
+an intention to stir up the people of the colony to hatred of the
+governor and of government--words of ominous import, when read in the
+light of colonial history.[65] Except the president of the court, the
+officers were more favorable to the accused than to the governor, and
+regarded him as the victim of a common cause. In his address to the
+court, Mr. Macarthur objected to the judge advocate, as a person
+disreputable in character, and actuated by feelings of hostility against
+himself. That functionary then threatened to commit Macarthur for
+contempt: Captain Anthony Fenn Kemp interposed, with a threat "to
+commit the judge advocate himself;" who, seeing among the spectators
+many soldiers wearing side-arms, and fearing for his personal safety,
+left the bench. Macarthur again appealled to his military brethren to
+preserve him from the ruffian constabulary: they immediately ordered the
+soldiers present to protect him against the peace officers. This
+interference was represented as an illegal rescue; Macarthur, however,
+surrendered to the provost marshal, and was lodged in gaol.
+
+The governor resolved to bring to trial the six officers who had
+repelled the judge advocate, for treasonable practices; and, as a
+preliminary step, ordered that they should appear before the bench of
+magistrates, of whom Colonel Johnston, their commander, was one. It was
+now supposed, that Bligh intended to constitute a novel court of
+criminal jurisdiction, and that he had resolved to carry to the last
+extremes the hostility he had declared. Colonel Johnston, as a measure
+of self defence, was induced to march his regiment to government house,
+and place his Excellency under arrest--demanding his sword, and his
+commission as governor.[66]
+
+This transaction throughout, caused a very strong sensation, both in the
+colony and at home. Opinions widely differ respecting its origin and its
+necessity. That it was illegal, it may be presumed, no one will deny:
+that it was wanton, is not so indisputable. The unfortunate termination
+of Bligh's first expedition to Tahiti, the imputations of harshness and
+cruelty for ever fastened to his name, and the disreputable agents he
+sometimes employed in his service, made the position of the officers
+extremely anxious, if not insecure. Bligh had become popular with the
+expiree settlers, who reckoned a long arrear of vengeance to their
+military taskmasters; and who, with the law on their side, or
+encouragement from the governor, might have been expected to shew no
+mercy. Had Bligh escaped to the interior, the personal safety of the
+officers might have been perilled. The settlers, led on by the undoubted
+representative of the crown, would have been able to justify any step
+necessary for the recovery of his authority, and at whatever sacrifice
+of life.
+
+Bligh was permitted to embark on board the _Porpoise_[67], to proceed
+forthwith to Great Britain, engaging not to communicate with any
+intermediate British colony. He bound himself upon his honor as an
+officer and a gentlemen to attempt nothing to the disturbance of the
+existing government, pending the reference to Downing-street. This
+agreement he made with Colonel Paterson, who had no part in the revolt.
+When upon the quarter-deck of the _Porpoise_, he repudiated these
+engagements, and ordered Lieutenant Kent, then in command, to batter
+down Sydney, and to restore his authority by force;--a task he declined.
+He, however, sailed for the Derwent, where his vessel was still lying,
+when unknown to him Macquarie arrived in New South Wales. Bligh had
+dispatched information of the insurrection at the earliest opportunity,
+and the ministers lost no time in forwarding new troops. The ships
+approached the harbour, prepared to pour in a broadside, but the
+government was instantly delivered up to the newly appointed head, by
+Colonel Paterson, the officer in command. The greater part of his
+official acts were prudently confirmed by Governor Macquarie, although
+the gifts and appointments of the interim government were declared null
+and void.
+
+When Bligh arrived at Hobart Town, he was received by Collins with the
+respect due to his station; he was, however, soon followed by
+despatches, which informed the lieutenant-governor of the movements at
+Sydney. Collins, Bligh stated, intended to arrest him; at all events he
+re-embarked, and the settlers were interdicted from holding
+communication. A free man, Mr. Belbin, was flogged for the infraction of
+this order, but afterwards received a grant from the crown in reward for
+his loyalty. Mr. George Guest espoused the same side: the vessel was
+ill-provisioned, and he secretly drove down his cattle to the beach,
+where some were slaughtered for the use of the _Porpoise_.
+
+In extenuation of the conduct of Collins, it will be remembered that
+Bligh was already deposed, when he appeared in the Derwent; and that his
+attempted resumption of office was a breach of his parole. The
+impression prevailed that Bligh, if restored, would exact sanguinary
+vengeance. The union of the officers was requisite to preserve order,
+even in the most quiet times: when deprived of military authority, it
+was the moral duty of Bligh to await the interference of the supreme
+government, and not needlessly expose those whom he was unable to
+protect, to the double danger of disloyalty and faction.
+
+Bligh returned to Port Jackson: though the time for his honorary
+restitution was passed, he was received with respectful formality. A
+proclamation had already been issued, prohibiting suits of law for
+injuries suffered from the usurping government, and giving indemnity and
+protection to all who had acted under its authority; but Bligh was
+empowered to carry home all who might be able to throw light on his
+deposition. This order must have terminated the government of Collins,
+had he survived. Colonel Johnstone was tried and cashiered (but
+permitted to sell his commission), and the mildness of his sentence was
+attributed by the crown to the extraordinary circumstance of the
+case.[68]
+
+This was the last important occurrence in the eventful life of Collins:
+he died on the 24th March, 1810, in the fifty-sixth year of his age,
+having held the administration six years and thirty-six days. His death
+was sudden: except a slight cold, there was little warning of its
+approach. He died whilst sitting in his chair, and conversing with his
+attendant. His funeral was celebrated with all the pomp the colony could
+command, and 600 persons were present.[69] The share he accepted in the
+responsibility of the deposition of Bligh, disturbed his tranquillity,
+and it was thought hastened his end.
+
+In 1810, Collins attempted to establish a newspaper--_The Derwent Star,
+and Van Diemen's Land Intelligencer_.[70] Though but a quarto leaf, with
+broad margin, and all the contrivances which dilate the substance of a
+journal, it was much too large for the settlement--where often there was
+nothing to sell; where a birth or marriage was published sooner than a
+paragraph could be printed; where a taste for general literature had no
+existence, and politics were excluded. The chief contents were droll
+anecdotes and odd exploits. The second number contains a rather pompous
+account of Governor Macquarie's inauguration at Sydney. The next issue,
+beside a government order or two, describes the feat of Barclay, the
+pedestrian--a thousand miles in a thousand hours; the wonderful
+longevity of Joseph Ram, a black of Jamaica, who died in his 140th year;
+then the greatness of Lambert, whose body weighed 52 lbs. fourteen times
+told; and who was sent by an inclined plane into his grave. Then follow
+an eulogy on the governor's profession, one trial, one ship, two births,
+and one marriage. The notice of a wedding is characteristic and
+unique--the first published by the Tasmanian press:--"On Monday, 26th
+ult., R. C. Burrows to Elizabeth Tucker, both late of Norfolk Island.
+They had cohabited together fourteen years, verifying at last the old
+adage--_better late than never_."[71] Such were the topics of this
+ephemeral journal, which, however, survived the governor himself. In the
+number published a few days before his decease, are the following
+lines:--
+
+"And thou, dear Cobham, with thy latest breath
+Shall feel thy ruling passion strong in death:
+Such in that moment, as in all the past:
+'O, save my country, heaven!' shall be thy last."
+
+Collins was the son of General Arthur Tooker Collins and Harriet Fraser,
+of Pack, in King's County, Ireland: he was the grandson of Arthur
+Collins, author of the _Peerage of England_.[72] At fourteen years of
+age he was lieutenant of marines; two years after, he commanded the
+military guard which attended Matilda, Queen of Denmark, to her
+brother's Hanoverian dominions, and had the honor of kissing her hand.
+It is said that, three years subsequent, he distinguished himself in
+that fatal conflict already noticed--the battle of Bunker's Hill. In
+1774, he was captain of marines in the _Courageux_, of 74 guns,
+commanded by Lord Mulgrave, and was present with Lord Howe, at the
+relief of Gibraltar. At the peace of 1782, he retired to Rochester, in
+Kent, with his lady, an American, who survived him. The despatch,
+announcing his decease, was filled with lamentations: "I am sure," said
+the writer, "when I speak the feelings of my heart on this melancholy
+occasion, that it is not my single voice, but that of every department
+whatsoever in the settlement, who with the most heartfelt regret
+acknowledge him to have been the father and the friend of all," His
+person was remarkably handsome, and his manners prepossessing: to a
+cultivated understanding, and an early fondness for literature, he
+joined a most cheerful and social disposition.
+
+Colonel Collins was buried in the church-yard of St. David's, Hobart
+Town. To provide a temporary place for public worship, a small wooden
+church was erected on the spot, and its altar was reared over his grave.
+This building was blown down in a tempest, and its materials being
+carried off, left the resting place of Collins long exposed to the
+careless tread of the stranger. Sir John Franklin, always generous to
+the memory of official worth, reared a monument, bearing this
+inscription:--
+
+                    Sacred
+                to the Memory of
+              DAVID COLLINS, ESQ.,
+        Lieutenant Governor of this Colony,
+and Lieutenant Colonel of the Royal Marine Forces.
+    On the first establishment of the colony of
+New South Wales he was employed as Judge Advocate,
+              And in the year 1803
+    he was entrusted by his Majesty's government
+          with the command of an expedition,
+    destined to form a settlement at Port Phillip,
+          on the south coast of New Holland;
+        but which was subsequently removed to
+                Van Diemen's Land.
+
+       *     *     *     *     *
+
+      Under his direction as Lieutenant Governor,
+          the site of this town was chosen,
+        and the foundation of its first building
+                    laid in 1804.
+      He died here on the 28th of March, 1810,[73]
+                    aged 56 years.
+          And this monument long projected
+        was erected to his memory in 1838,
+          by direction of His Excellency
+    SIR JOHN FRANKLIN, K.C.H., K.R.
+
+FOOTNOTES:
+
+[Footnote 41: _Ross's Almanack_, 1829.]
+
+[Footnote 42: Ibid, 1835.]
+
+[Footnote 43: _Wordsworth's Sonnet to the Derwent._]
+
+[Footnote 44: Colonel Paterson had been distinguished by his researches
+in Africa, and had gained considerable reputation as a botanist. This
+spirit of enterprise and intelligence he always preserved: he directed
+the government botanical establishment at Parramatta, and the French
+delineated his attainments with more than their usual enthusiasm. He
+superintended the exotic plantation provided for the colonies, and the
+repository of native shrubs intended for the gardens at Kew. His name
+not unfrequently occurs as an adjunct to the scientific descriptions of
+the botanist. Formerly acting governor and commander of the military
+corps of New South Wales, he was not unsuitable for the more direct
+duties of his office. It is, however, as a naturalist that he is
+remembered. _He planted trees_: some are still growing amidst the
+desolation of York Town. He was the first who attempted to improve the
+grass of the country. He was the author of a volume of travels,
+published in 1789, entitled, _Narrative of Four Journies into the
+Country of the Hottentots and Caffraria, in the years_ 1777-8, _and_ 9.]
+
+[Footnote 45: _Sydney Gazette_, 1806.]
+
+[Footnote 46: Ibid, May, 1812.]
+
+[Footnote 47: Ibid, May, 1807.]
+
+[Footnote 48: Lieut. Lord's Evidence, Par. Pap., 1812.]
+
+[Footnote 49: Johnstone's Trial, p. 337.]
+
+[Footnote 50: _Sydney Gazette_, 1808.]
+
+[Footnote 51: "After numerous observations, we found it--Lat. 29° 4'
+40". Long. 161° 12' East Greenwich."--_Hunter's Historical Journal._]
+
+[Footnote 52: _Backhouse's Journal._]
+
+[Footnote 53: Collins.]
+
+[Footnote 54: Holt gives the following curious anecdote:--"The Rev.
+Henry Fulton was reading the commandments, when Tony Chandler sung
+out--'turn out, you d----d villians, and launch the boat!' As I was
+going out, I said to Mr. Fulton, 'I perceive Tony Chandler's word has
+more power here than the word of God.' Fulton smiled, and shook his
+head."--_Memoirs_, vol. ii. p. 232.]
+
+[Footnote 55: "At a distance, I saw about fifty men at work, as I
+thought dressed in nankeen jackets, but on nearer approach I found them
+naked, except trousers: they had each a kind of large hoe, about nine
+inches deep and eight wide, and the handle as thick as a shovel, with
+which they turned up the ground."-_Holt's Memoirs_, vol. ii. p. 79.]
+
+[Footnote 56: The work is written with considerable strength of
+delineation; although his accounts are not quite safe authority for the
+character of his enemies. His words he spelled after a provincial
+pronunciation: thus, describing the crew of the _Sydney_, he writes,
+instead of Sepoys and Lascars, "Saypies and Glascars."]
+
+[Footnote 57: Of the women at Rio, he says--"Their skin is equal in
+clearness to the skin of a new laid egg: their eyes black as sloes;
+their hair like polished jet; their teeth as even as rows of printing,
+and as white as pearls; their eye-brows like those of a doll: their feet
+and legs, as if they were modelled in wax-work. They are the most
+complete patterns of the neatest form of a woman!"]
+
+[Footnote 58: Wentworth.]
+
+[Footnote 59: _Derwent Star, January_, 1810.]
+
+[Footnote 60: _Cunningham's Two Years in New South Wales_, p. 201.]
+
+[Footnote 61: _Derwent Star, February_, 1810.]
+
+[Footnote 62: _Peron's Voyage._]
+
+[Footnote 63: "It was, we must confess, very provoking to see the
+officers draw goods from the public store, to traffic in them for their
+own private gain, which goods were sent out for the advantage of the
+settlers, who were compelled to deal with those huckster officers for
+such articles as they might require; giving them from 50 to 500 per
+cent. profit, and paying them in grain."--_Memoirs of Holt_, vol. ii. p.
+296.]
+
+[Footnote 64: The instance given by Mr. Wentworth (p. 202), of a man who
+was sent by Bligh with a note to the constable, who was directed to flog
+him, without informing him of its purport, however it might read in
+London, will not seem enormous to a colonist, who could produce many
+parallel cases; it was a practice too common.]
+
+[Footnote 65: In 1702, Colonel Bayard was tried in New York, charged
+with having used divers indirect practices and endeavours to procure
+mutiny and desertion among the soldiers in the fort, &c. For sending a
+petition to the home government, which received a few military
+signatures, against the governor and the ruling faction, he was
+condemned to death--in the horrid terms included in the penalty of high
+treason. Before the sentence was executed, Lord Cornbury arrived: the
+chief justice _fled to England_; Lord Cornbury, however, it is said;
+destroyed the factions of New York, by oppressing them both: "and the
+contest soon began, which ended in the establishment of a free and
+independent nation."--_Chandler's American Trials._ Boston: vol. i. p.
+294.]
+
+[Footnote 66: _Lang's History of New South Wales_, vol. i. p. 110.]
+
+[Footnote 67: Dr. Lang states, that "he was obliged to sign an agreement
+to quit the colony forthwith; but instead of proceeding to England,
+Governor Bligh landed at the Derwent."--(vol. i. p. 121). And seems
+rather to extenuate this breach of faith. Were no agreement of this
+class binding the rigours of captivity and civil strife could never be
+mitigated. The following is Bligh's own statement:--"I took the
+_Porpoise_ on the terms they proposed to me, and the moment I got the
+command of the _Porpoise_, I took care to keep it, and would not suffer
+any of these terms, or any thing which they said to have the least
+influence on my mind."--Johnstone's trial, p. 33.]
+
+[Footnote 68: Horse Guards. July 1811.]
+
+[Footnote 69: _New South Wales Gazette_, 1810.]
+
+[Footnote 70: Printed by J. Barnes and T. Clark, at the Government
+Press, Hobart Town.]
+
+[Footnote 71: _Derwent Star, March 6th_, 1810.]
+
+[Footnote 72: _Collins's Peerage_: of venerable authority.--_Quarterly
+Review_, 1820.]
+
+
+
+
+SECTION III.
+
+
+On the demise of Colonel Collins, the government devolved on Lieutenant
+Edward Lord, until the arrival of Captain Murray, of the 73rd regiment.
+
+The governor-in-chief visited Van Diemen's Land during Captain Murray's
+administration. This auspicious event was the subject of great
+exultation. Macquarie was received with all possible formality and
+tokens of gladness: a salute from a battery of no great power; an
+illumination in the small windows of the scattered cottages; and
+addresses delivered by delegates, not bound to declare the number of
+their constituents.[74]
+
+Nothing remarkable is remembered of this visit, except that Macquarie
+traced the future city. He complained of the utter neglect of right
+lines in the erection of dwellings, which advanced or retreated
+according to the whim of the builder. The centre of the projected town
+he called St. George's Square: in this he intended to rear a church and
+town hall, and the quarters of the main guard: the open space he
+designed for a market. The streets which intersect each other he called
+by the names which still distinguish them: Liverpool-street after the
+minister of that name; Macquarie-street after himself; Elizabeth-street
+in honor of his lady; Argyle-street, of their native country; and
+Murray-street in compliment to the officer in command. The plan sketched
+by Macquarie has not been absolutely followed, nor has it been improved.
+He ordered the erection of a signal staff on Mount Nelson, named after
+the vessel which brought him to port, and conveyed him safely to Port
+Jackson. The settlers on the Derwent expressed a fervent admiration of
+his devotedness in thus venturing to face the dangers of the visit;
+especially accompanied by his consort--so they distinguished Mrs.
+Macquarie. The governor merited their gratitude, for his hand was
+liberal.[75]
+
+In February, 1812, Colonel Geils became acting Lieutenant-Governor, and
+remained until the arrival of Colonel Davey. Colonel Geils devoted great
+attention to agricultural pursuits, and first formed at Risdon a
+considerable farming establishment. Ordered to India with the troops
+under his command, he forwarded his youthful sons to the Cape of Good
+Hope, thence to be conveyed to England. The colonists heard soon after
+with deep commiseration, that the vessel in which they re-embarked was
+lost.
+
+Colonel Davey, the second Governor of Van Diemen's Land, arrived on the
+4th February, 1813. His manner of entrance indicated the peculiarity of
+his character, for the weather being warm he carried his coat on his
+arm, and announced himself at the house where he sought temporary
+accommodations: nor did his subsequent administration differ from its
+unceremonious beginning. He took pleasure in practical jokes and rough
+humour: his countenance was strongly marked, and, by a peculiar motion
+of the scalp, he delighted to throw his forehead into comical
+contortions. He shared in common a taste for spirituous liquors, and was
+not unwilling to participate wherever he was welcome as a guest. On what
+principle he was selected to conduct the affairs of a remote and
+reformatory settlement, it would be useless to conjecture. As a marine,
+he had been present in many important actions; among the rest, at the
+battle of Trafalgar. His intended departure from England he concealed
+from his family, by whom it was discovered accidentally: they reached
+the vessel by extraordinary exertions, and in neglect of all the usual
+preparations for the voyage. The ship which conveyed his luggage was
+taken by the Americans, during the war--for him a fortunate loss:
+indemnified by the largest grant ever conferred in this island (3,000
+acres); for it was not pretended that the captors could have made an
+extensive prize.
+
+Mrs. Davey, a lady of a meek and uncomplaining spirit, is spoken of with
+respect, and the governor himself with kindness; for under a rough
+exterior was concealed a generous disposition.
+
+During Davey's government, two hundred female prisoners were brought
+down from Sydney, in the brig _Kangaroo_: proclamation was made, and the
+settlers were invited to receive them. There was little delicacy of
+choice: they landed, and vanished; and some carried into the bush,
+changed their destination before they reached their homes. Yet such is
+the power of social affections, several of these unions yielded all the
+ordinary consolations of domestic life!
+
+The conveniences of civilisation were not wholly neglected. The ports
+were opened for general commerce (June, 1813): houses of trade were
+established, and Messrs. Kemp and Gatehouse, Messrs. E. Lord and J. H.
+Reibey, supplied the colony with English goods: the most necessary
+articles had often been wanting. The settlers purchased even the
+clothing of the prisoners, as preferable to the skins of animals by
+which they were often clad.
+
+The resources of the colony were developed: Mr. Birch, an enterprising
+merchant, fitted out a vessel to survey the western coasts (1816), and
+Captain Kelly discovered Macquarie Harbour and Port Davey: Captain
+Florence found a new species of pine, very highly valued by artificers.
+Mr. Birch was rewarded with one year's monopoly of the trade he had
+opened.
+
+The whale fishery was considerably enlarged: corn was exported; the
+plough introduced, and gradually superseded the hoe; a mill erected; and
+(February, 1817) the foundation of St. David's Church was laid. Passage
+boats connected the banks of the Derwent; a civil court for the recovery
+of debts, not exceeding £50, was established. A newspaper--a second time
+attempted in 1814 without success, when the commercial strength of the
+community was indicated by two or three advertisements--was at length
+published under better auspices. On the 1st June, 1816, Mr. Andrew Bent
+issued the first number of the _Hobart Town Gazette and Southern
+Reporter_, and thus brought into permanent action an agency which has
+promoted as well as recorded the advancement of the community. Nor can
+it be recollected without regret, that he, an undoubted benefactor of
+the colony, is left to an indigent old age, cut off from the prosperity
+to which his early labors contributed.
+
+The welfare of Van Diemen's Land was greatly retarded by the number,
+daring, and prolonged depredations of the bushrangers. In some
+districts, the inhabitants offered a sanctuary to criminals, and, as
+their scouts, gave notice of the approach of danger; while in others the
+settlers were driven before them. To check their ravages, Colonel Davey
+declared the whole colony under martial law: he punished with flogging
+persons, whether free or bond, who quitted their houses by night.
+Several offenders were captured, and suffered death.[76] The
+inhabitants, to the number of six hundred, expressed their approval of
+this stretch of power, but it was promptly disallowed by the
+governor-in-chief. On many previous occasions the same course had been
+pursued. To constitutional law, the lieutenant-governor was both
+indifferent and a stranger.
+
+Colonel Davey, when he relinquished his office, remained for some time
+as a settler; he was not, however, successful. He returned to England,
+where he died on the 2nd May, 1823. His contemporaries speak of his
+character in terms of eulogy. The modern colonist will remember, that
+the tastes of society have since that period been modified, even in
+Great Britain; and that character can never be fairly judged when
+separated from the circumstances in which it is developed. Then, the
+town was a mere camp: the etiquette of office, necessary when a
+community is advanced, would be folly in its infancy.
+
+FOOTNOTES:
+
+[Footnote 73: Collins, according to most authorities, died on the 24th
+March, 1810.]
+
+[Footnote 74:
+
+"_To his Excellency_ LACHLAN MACQUARIE, ESQ., _Captain-General
+and Commander-in-chief of his Majesty's Territory of New South
+Wales and its Dependencies, &c. &c. &c._
+
+"We, the inhabitants, settlers, and freeholders of his Majesty's
+settlement established at the Derwent, Van Diemen's Land, impressed with
+the most fervent zeal for his Majesty's government, and the most
+profound respect, esteem, and veneration for your Excellency, most
+dutifully congratulate you on your arrival at Hobart Town.
+
+"When men, whose characteristic is industry, consider themselves
+governed by an Officer in whom his Majesty has reposed merited
+confidence, who in order to promote agriculture, encourage morality,
+efface dissension, and patronise the industrious and deserving part of
+our community, leaves his seat of government, and exposes himself and
+his worthy Consort, under many privations, in a small vessel, to the
+dangers of a coasting voyage on these seas, a natural emulation must
+necessarily arise in the breasts of the inhabitants to merit, by an
+inviolable attachment to the laws, and an adherence to the regulations
+of the colony, the patronage, favour, and protection of such an
+unequalled Governor.
+
+"We humbly presume to hope that the favorable impressions which our
+industrious exertions have made on your Excellency's mind on your seeing
+Hobart Town and its vicinity, will become much increased on your return
+from that tour through the different settlements which your Excellency's
+intuitive mind may induce you to make.
+
+"Independent of the high consideration in which we hold your Excellency
+as the Representative of our Most Gracious Sovereign, we presume to
+solicit your acceptance of our most unqualified respect for your
+Excellency's person, and with duty, in the name and on the behalf of the
+inhabitants in general, subscribe ourselves your Excellency's most
+devoted servants,
+
+"R. W. LOANE,  J. INGLE,
+"T. W. BIRCH,  A. WHITEHEAD."
+
+"_Hobart Town, Van Diemen's Land, November 26_, 1811.
+
+"GENTLEMEN,--The address which I have this day the satisfaction to
+receive from you has been gratifying to me, and I beg you to believe
+that the inconveniences I have experienced in my voyage to Van Diemen's
+Land, have been amply compensated in the pleasure I feel on seeing one
+of the finest countries in the world in a state of rapid improvement by
+the exertions of his Majesty's loyal subjects settled here, in whose
+welfare I shall at all times feel a warm interest; and sincerely hope
+that the industry so happily begun will be persevered in with success.
+
+"I return you many thanks for the sentiments of regard you have been
+pleased to express towards me.--I have the honor to be, Gentlemen, your
+most obedient and most humble servant,
+
+"(Signed) LACHLAN MACQUARIE.
+
+"To Messrs. R. W. Loane, J. Ingle, T. W. Birch, and
+A. Whitehead, the Committee who presented the
+Address from the inhabitants of the Settlement at
+Hobart Town, in Van Diemen's Land."]
+
+[Footnote 75: The complimentary style in which the settlers addressed
+the Macquarie family was not without reason. It is said that Mrs. Kate
+Kearney, when the high price of her butter was complained of by the
+governor, stopped the supply. Mrs. Macquarie, curious to see this
+independent milk-seller, paid her a visit: when she entered, the old
+lady received her very graciously, and asked after the health of the
+Governor, and added, "how is the young Prince?" The story goes, that she
+received a valuable grant of land for this well-timed compliment. A
+bullock driver, who attended Mrs. Macquarie during one of these visits,
+annoyed her by swearing at the cattle: she promised to obtain him his
+free pardon, if he would only treat the animals with more civility. A
+hundred such stories are current; but he who has been accustomed to sift
+them, may take them for their worth.]
+
+[Footnote 76: See vol. ii, p. 129, of this History, for an account of
+bushranging.]
+
+
+
+
+SECTION IV.
+
+
+In planting the colony of New South Wales, it was requisite to provide a
+form of government adapted for a community without precedent. That
+instituted was equally alien from established usage. It conferred powers
+on the governor beyond the dreams of ordinary princes, and violated all
+the constitutional guarantees which support the rights of subjects. The
+American colonies derived their constitutions, some from the
+prerogatives of the crown, others from parliament, under acts
+prescribing their structure and limiting their jurisdiction. In some
+cases the British legislature authorised the crown to convey the powers
+of government at its own discretion, and its own agents. In the reign of
+George III.[77] the parliament passed the Quebec Act, which defined the
+powers of Canadian legislation and judicature, and thus established a
+course that has never since been abandoned.
+
+The immediate design and composition of the Australian colony precluded
+the forms of constitutional freedom: the object of the laws and
+regulations were but remotely connected with the ordinary interests of
+British citizens. Having obtained, therefore, the authority to institute
+a government, the crown put into commission the powers it received, but
+left to the local authorities to interpret and apply them.[78]
+
+The court of criminal jurisdiction was composed of seven officers, of
+whom the judge advocate was one. It could only assemble on the summons
+of the governor: his precept determined who, or whether any should sit,
+and thus regulated the jury: as their commander his influence was
+great--greater, as the dispenser of royal patronage.
+
+The powers of the grand jury devolved on the judge advocate, who framed
+the indictment, and determined beforehand the probability of guilt: he
+thus sat in a cause which he had judged already. The prosecutor
+conducted his own case: witnesses were examined in open court, and the
+accused was unassisted by counsel. Nor was unanimity required: yet five
+in seven were necessary in capital cases, to authorise an immediate
+execution. The judge advocate deliberated with his co-jurors in secret,
+and the court was re-opened only when they had agreed upon their
+verdict, and determined the sentence. Thus in ordinary cases the weight
+of authority in deciding guilt, as well as apportioning punishment,
+usually rested with an officer officially connected with the government.
+The operation of this court was liable to serious constitutional
+objections. It was in the power of the governor to exclude the subject
+from the protection of the law, by shutting up the court, and by the
+arbitrary selection of its members to anticipate its decision.
+
+In conducting the business of the court, its members dispensed with the
+niceties of law, and gave their verdict upon what appeared to be the
+substantial merits of the case. From the age of fourteen, the first
+judge advocate had been employed in the royal marine service, and
+whatever intelligence his writings display, they exhibit utter disregard
+of rights recognised by the British constitution. His successors in
+office, for two-and-twenty years, until the appointment of Mr. Ellis
+Bent, were gentlemen connected with the military profession, who were
+unassisted, except by such lawyers as the lottery of transportation
+threw in their way: thus, while they were limited by parliament to a
+jurisdiction according to the laws of the realm,[79] they were more than
+usually unacquainted with their nature, and indifferent to their
+observance.
+
+Such were the inherent defects of this form of judicature, from the
+large influence possessed by the executive; which could determine the
+time of sitting and the members of the court; which denied the right of
+challenge, and accepted the concurrence of five voices only in cases of
+life and death--and those of persons subject to the influence of the
+governor and unaccustomed to weigh evidence, or to defer to the maxims
+of civil tribunals. But if the constitution of the court was a subject
+of just complaint, the creation of new offences by unauthorised
+legislation, was still less acceptable to English statists.
+
+The court proceeded smoothly, so long as none but convicts or persons of
+trivial influence were in question; but the dispute with Governor Bligh
+disclosed the dangers with which it was fraught: the sympathy of the
+jurors with the accused frustrated his prosecution, and overthrew the
+executive.
+
+The _esprit du corps_ of the jurors occasionally appeared in their
+verdict: the decision of a cause in which an officer was the aggressor,
+or one which interested the passions, did not command the confidence of
+the people.
+
+The jeopardy of justice was illustrated by a dispute, in which the Rev.
+Mr. Marsden was complainant, and the secretary of the governor the
+defendant. Mr. Campbell was the censor of the New South Wales press: he
+admitted an article, which imputed to Mr. Marsden (1817) the abuse of
+his office as agent for the missionary societies, and of using muskets
+and gunpowder as articles of traffic with the natives of the Pacific.
+The judge advocate in this instance was said to attempt to shelter the
+offender by the influence of his three-fold office--as the law adviser
+of the governor, the public prosecutor, and member of the court of
+criminal jurisdiction. His reluctance to admit the evidence, and to take
+the preliminary steps in the prosecution, and his direction to deliver
+an inoperative verdict, were held fatal evidences that impartiality
+could not be secured by uniting functions so inconsistent with each
+other.
+
+The jurors were not unfrequently interested: in some instances the
+prosecutor sat as witness and judge, giving the principal evidence in
+the case in which he was both to decide the guilt and apportion the
+punishment.[80]
+
+The establishment of a court of criminal jurisdiction was alone
+authorised by the parliament: the necessity for supplemental laws was
+not foreseen, but was soon perceived. The governors assumed the
+legislative authority, under the disguise of orders and regulations,
+often contrary to the principles of English law, and sustained by
+penalties unknown in Great Britain. These were not collated until a late
+period: their provisions were imperfectly promulgated. In enforcing
+them, the governors relied on the impotence of resistance, and
+justified their enactment on the ground of expediency.
+
+Had the parliament conveyed a legislative power, the ordinary
+precautions and limitations would have been embodied for that purpose:
+thus the free subjects of the king would have known the extent of their
+liabilities, both to prohibitions and penalties. An unfettered despotism
+drew no distinction, but rejected all questions of legality as
+contumacious.
+
+Among the subordinate officers, were some high in rank, natives of
+France, who had emigrated during the revolution, or had by incurring the
+hatred of its government deserved the patronage of our own. Profoundly
+indifferent to the rights of freedom, and ignorant of the forms or
+proper subjects of judicial investigation, an "order" was far more
+sacred in their eyes, than the volumes of Blackstone. English gentlemen
+might have recalled the solemn warnings of history which check
+aggressions on private liberty, but an exiled adherent of Bourbon
+princes was not likely to be embarrassed by educational prejudices. Not
+that British officers were really more scrupulous, or offered by their
+habits a better guarantee for the legality of their administration.[81]
+
+The minor offences of prisoners passed under the summary adjudication of
+magistrates. They often indulged in the lowest humour or furious
+passion: they applied torture to extract confessions, and repeated
+flagellation until it became dangerous to life.
+
+The long delay of legislative remedies, when omissions and defects were
+discovered, is a proof of ministerial indifference. The crown provided a
+court of criminal jurisdiction for Port Phillip: the jurisdiction was
+strictly local, and the judge advocate ceased to act when Van Diemen's
+Land was occupied; but twenty years elapsed before the deficiency was
+supplied. Again, the criminal court of New South Wales was limited to
+islands adjacent to the _eastern coast_.[82] The discovery of Bass's
+Strait proved that Van Diemen's Land was not included in this
+geographical definition, and the scrupulous or idle judges for a long
+time evaded the holding of courts in this island, which was thus
+surrendered to disorder. In the absence of a legal court, the
+magistrates set up a jurisdiction of their own. Criminal trials were
+dispatched by the simplest process, and the mixed penalties of a
+military and civil court inflicted on the assumed offender.[83] Thus,
+the negligent provision for the administration of justice secured
+impunity to crime, or seemed to require an arbitrary tribunal.
+
+The proclamation of martial law, was to relieve the government from the
+restraints of forms. The facility with which justice could be
+administered by it, was illustrated at the Castle Hill insurrection: no
+life being lost on the government side, the victorious troops arranged
+that every third man convicted should be hanged. They drew the names of
+the sufferers by lot, and were proceeding with great vigour, when the
+appearance of the governor suspended the execution.[84] The dangerous
+usurpation in both Norfolk Island and Van Diemen's Land, led to the
+hasty sacrifice of life.
+
+The scarcity of corn was once deemed a sufficient justification, when
+there was no appearance of sedition: at these times the government
+seized boats, or whatever was deemed useful for the public service, and
+imitated the most irregular actions of the Stuarts.
+
+The subordinate authorities were supposed to partake the license of
+their superiors. One commandant, Colonel Geils, fixed a spiked collar on
+the neck of a free woman; another flogged a female through Hobart Town
+for abusive language; and another tied up a free man on the spot, for
+placarding a grievance, when as yet there was no press.[85] Davey,
+having ordered a person to the triangles, answered his remonstrances
+with a pleasant jest: the sufferer reminded him that he could not flog
+him; the governor answered that "he would try," and the flagellator soon
+determined the problem in favor of authority. Indignant exclamations of
+free men were deemed preposterous by a body of officials, who regarded
+the diffidence of civil government as absurd, and considered power as
+the standard of right.
+
+The administration of justice is described by a work of the times:--"I
+have known," wrote a contemporary witness, "men, without trial,
+sentenced to transportation by a single magistrate at his own door: free
+men, after being acquitted by a court of criminal judicature, banished
+to another of the dependant settlements. I have heard a magistrate tell
+a prisoner (then being examined for a capital offence, and who had some
+goods, supposed to be stolen, for which he would not account), that were
+he not going to be hanged so soon, he (the magistrate) would make him
+say whence he got them. I have known depositions destroyed by the
+magistrate."[86]
+
+The courts were limited by the laws in force within the _realm_, but the
+realm was not defined;[87] and thus what portion of the law was
+applicable, was left in thirty years' doubt, until the commissioner
+royal stated that the omission had prevented several executions.[88] The
+same number of years were required to ascertain whether laws passed in
+Great Britain subsequent to the era of colonisation were the laws of the
+colony.
+
+Law officers of the crown were permitted to define authoritatively the
+import of acts of parliament, and on their official decisions the
+colonial judge convicted, and the governor executed a criminal.[89]
+
+The persons commissioned as justices constituted a court in avowed
+conformity with such tribunals in England, but they adjudicated on the
+orders of the governor, and inflicted the penalties he appointed; though
+the supreme court, sitting concurrently with these "benches," rejected
+the legislation of the governor as invalid, when the basis of an action:
+one judge supported them by his moral countenance, although he knew
+them to be without legal authority.[90] Judge Advocate Wylde, however,
+declared the legislative authority of the governor equally binding with
+acts of parliament--a doctrine never surpassed by the most subservient
+advocates of an unlimited monarchy.[91]
+
+The crown authorised the governor to grant remissions, but while he
+omitted the formalities requisite to perfect those pardons, the minister
+neglected to require them. For thirty years the error was undetected,
+and until a fraudulent creditor evaded a bill due to an emancipist; but
+several years were allowed to pass, even when the mistake was
+discovered, before it was fully corrected.
+
+The ministers authorised the governors to grant land to settlers. For
+forty-six years these delegates divided the domain of their sovereign,
+as if it were his personal property, and without the consent of
+parliament, when a court of this colony decided that all such titles
+were void in law, whether acquired by purchase or under the old
+quit-rent tenure.[92]
+
+Above two hundred thousand pounds had been levied by successive
+governors since the illegality of taxation was first submitted to the
+notice of the cabinet. In gathering this money, not only had property
+been seized, destroyed, and confiscated, but many persons had been
+imprisoned, and suffered all the miseries of felon bonds: yet when
+arrears, which the indulgence of the government had permitted to
+accumulate, were made a subject of legal procedure, the whole fabric of
+taxation and legislation by the governor's will, fell down.[93]
+
+The judge of the supreme court could not be insensible to the serious
+personal responsibility of longer supporting illegal taxation: he
+privately admonished the governor, who withdrew his actions. An act of
+indemnity released the ministers who advised, and the governors who
+enforced their demands, from the punishment of usurpation; and granted
+them power to do by law, what in defiance of law they had done so
+long.[94]
+
+Ingenious aggravations were made to the common penalties of a crime:
+Collins relates that a witness convicted of perjury, was condemned to
+the pillory: his ears nailed to the post as an additional
+punishment.[95]
+
+The courts of those times confounded everything together, and deciding
+the perjury of a witness, often tried two parties at the same moment.
+Flogging witnesses was an ordinary result of investigations, when they
+did not end in convictions: so late as 1823, Judge Wylde ordered a
+witness to be taken outside, and receive _instanter_ one hundred
+lashes.[96]
+
+The long privation of this colony of judicial protection, not only
+hindered the due administration of justice, but encouraged imprudence
+and fraud. In the year 1814, when the crown erected a supreme court at
+Sydney for the decision of civil causes, Major Abbot, a member of the
+New South Wales corps, was commissioned as deputy judge advocate in Van
+Diemen's Land. He adjudicated in petty session as a magistrate, and by
+the accommodation of law to the circumstances of the colony, dealt in a
+summary manner with capital offences where prisoners were concerned.
+Thus sheep stealing and crimes against the person, committed by
+prisoners, were punished by flogging, and removal to a more penal
+station; and thus, while a prisoner of the crown might escape with a
+milder sentence, free persons for similar offences were placed in
+jeopardy of their lives.
+
+"The experiment of a reformatory penal colony," said Sir James
+Mackintosh, "is the grandest ever tried; but New South Wales is governed
+on principles of political economy more barbarous than those which
+prevailed under Queen Bess."[97] This great statesman, who declared no
+provincial sphere seemed to him so worthy a noble ambition, as to
+become the legislator for these colonies, never failed to denounce the
+accumulation of illegality and folly.
+
+At this stage of our inquiry, it may be proper to scan this singular
+government. The legislators who authorised its establishment, prescribed
+as little as possible: all beyond the repression of crime was hidden
+from their eyes. They saw that punishments must be necessary, and
+provided for their infliction; but the complicated arrangements which
+grew out of the colonisation, were left to the adjustment of chance, or
+the discrimination of ministers, and ultimately to the caprice of naval
+and military governors.
+
+The extemporary character of their contrivance and expedients, is
+sufficiently apparent. Nothing was expected: nothing was dreaded: no
+checks were opposed to abuses. Thus acts of tyranny were perpetrated
+beyond the ordinary excesses of arbitrary governments, and all classes
+were confounded in one regimen of despotism. The commencing measures
+manifested their indifference to personal rights. Intending to banish
+men for life, the ministers selected for the first fleet chiefly persons
+whose crimes only forfeited their freedom for a few years. By
+withholding, or neglecting to forward lists of their names, their
+crimes, or their sentences, they consigned them not only to perpetual
+exile but protracted and illegal bondage. Imitating the ministers of the
+crown, the governor imposed compulsory labor on free men, or detained
+them when their liberation was notoriously due.
+
+Thus again, law had conveyed power to the king to deliver prisoners by
+assignment to shippers, but jealous of trusting the executive, the
+actual transportation could only be carried out as the result of a
+covenant with private persons. Regardless of these well-advised
+precautions, the ministers delivered prisoners to ships of war, in
+custody of captains in the royal navy, bound to obey the orders of the
+crown; and when loud remonstrances induced them to obtain a legislative
+sanction to the innovation, they were silent in reference to the past,
+and trusted in their party influence to protect their own agents from
+legal penalties.[98] No wonder, with such examples before them, the
+governors detained or released at their pleasure.
+
+Bentham was the first to protest against this illegal and violent system
+of government, as opposed to every principle made sacred by the
+Revolution, by judicial decisions, or by the oaths of sovereigns. He
+asserted that the movers and ministers of these despotic proceedings
+were liable, one and all, to the visitations of the most penal laws.[99]
+They had legislated without warrant, had detained free persons in
+bondage, levied illegal duties and imposed unconstitutional
+restrictions, and had inflicted cruel punishments for crimes invented by
+themselves. The apology for usurpation, was its obvious importance and
+general utility; but no one will dissent from the strong indignation
+expressed by the philosopher, at wanton violations of British law,
+neglect of personal rights and parliamentary privileges.
+
+Governor King, it is believed, first established customs.[100] Hunter
+had assessed the property of the colonists, upon obtaining the consent
+of several, for the erection of a gaol.[101] The poorer inhabitants
+refused to comply with the levy, and were threatened with vengeance:
+they knew that however useful, such taxes were illegal though otherwise
+just. Thus, although legislation was not shadowed by the parliamentary
+act, the governors assumed it in its amplest form. Among the earliest
+were orders respecting the production and sale of spirits: to this, the
+oriental penalty was attached--"his still shall be destroyed, and his
+house pulled down." Infraction of this law was subsequently punished by
+imprisonment and transportation.
+
+Of torture, to extort confession, we have ample proof, both written and
+traditional: of one Collins observes, "when he trifled he was punished
+again; he then declared that the plunder was buried. He went to the
+spot, but could not find it; he was then taken to the hospital." Another
+was tortured in the same form; but, adds the judge, "the constancy of
+the wretched man was astonishing:"[102] he was in consequence acquitted!
+This practice continued for twenty years, and in 1825 a prosecution was
+instituted against a magistrate for attempting to extract confession by
+torture.
+
+The tendency of undefined power to run into tyranny, is illustrated by
+Macquarie himself. He had prohibited the entrance of strangers within
+the government grounds, and to detect the offenders stationed constables
+on the spot, who lay in ambush: three men and two servant girls were
+captured and committed. The next morning, the men each received
+twenty-five lashes, by the written order of the governor: the women were
+detained in the cells for forty-eight hours. There was no appeal to law;
+and the sole actors were the governor and the gaoler. A process so
+simple was no longer to be tolerated: the public were alarmed.[103] The
+assumption of magisterial powers was not compatible with the office of
+the governor; but to authorise the flagellation of free men without
+trial, for a perhaps innocent trespass, was both dangerous and unjust.
+
+This was, perhaps, the last instance of such extravagant despotism, and
+it exposed Macquarie to much inquietude during his life. That a person
+so humane in his general character should forget the precautions due in
+equity and in law, and punish arbitrarily for imaginary offences, proved
+that no power is safely bestowed, unless its objects and extent are
+minutely defined.
+
+The civil, called the "Governor's Court," was instituted by George III.
+in virtue of his prerogative. It consisted of the judge advocate, and
+two inhabitants chosen by the governor: it was empowered to decide in a
+summary manner all pleas in relation to property and contracts, and it
+granted probates of wills.
+
+When convicts contracted pecuniary obligations, the governor specially
+withdrew them from liability to arrest; and told the creditors that in
+trusting these debtors their opinion of their honesty must be their sole
+guarantee: government could not spare "the servants of the public" from
+their toils to answer the plaints of suitors.[104]
+
+From its decisions, a cause could be carried to the governor; and in
+sums exceeding £300, to the king in council.
+
+Though unsanctioned by an act of parliament, this court departed widely
+from the practice of England. Its authority was keenly disputed by
+Bentham; and Commissioner Bigge, in stating its origin and operation,
+hints a similar doubt.[105]
+
+Undisturbed by objections the crown, by the patents and commissions of
+1814, separated the criminal jurisdiction from the civil, and created a
+supreme court, which adopted the English practice. By the new patent, an
+appeal was permitted from the supreme court to the "High Court of
+Appeals," consisting of the governor and the judge advocate; and, except
+when £3,000 were in issue, his judgment was final![106] To both these
+tribunals the Tasmanians were amenable; but in civil cases the
+appointment (1814) of a local court under the deputy judge advocate,
+terminated the absolute dependence on Port Jackson for judicial relief.
+Plaints for debts not exceeding £50 were entertained by this court, and
+creditors contrived to bring their claims within its jurisdiction, by
+dividing the amount into bills of £50. This evasion of the law, although
+it defeated the intention of a superior court and lessened its business,
+was useful to both parties; it decreased the difficulty and expenses of
+suits. It was more equitable in its operation than the supreme court:
+the owner of a vessel could carry up his own witnesses to Sydney, and at
+the termination of a trial convey them home without delay; but the less
+opulent debtor or creditor found himself practically excluded from
+redress.
+
+Mr. Judge Abbot was, however, not eager to assume his office, and it was
+not until 1816 that he commenced operations. The accumulation of debts
+must have been great, for at his first session fourteen hundred plaints
+were entered: nor did he exhaust the suitors by delay, for eleven
+hundred were disposed of during that year. Two inhabitants, chosen by
+the governor sat as assessors; and being known, and knowing all parties,
+they often discussed in private beforehand the causes awaiting their
+verdict![107]
+
+The deputy judge advocate held in contempt the net-work of the law, by
+which equitable rights are sometimes entangled: his was a court of
+request without appeal, and he took pleasure in asserting its finality.
+For the convenience of suitors he allowed agents to practice in his
+court: these gentlemen had somewhat more legal knowledge than the judge,
+and often exasperated his antipathies by its ostentation. They would
+dwell on the dignity of his court: his decision was irrevocable; even
+the lord chancellor of England, they would say, was subject to the
+revision of a still higher court than his own, but the deputy judge
+advocate decided the cause for ever. Trusted with such resistless
+jurisdiction--such onerous responsibility, how great must be his care to
+avoid an error beyond correction--an injustice that could not be undone
+but by an act of parliament! Such were their addresses: occasionally
+heard with complacency--and, it is said, not always unsuccessful. The
+most famous of these practitioners were Messrs. R. L. Murray and Evan
+Henry Thomas. The last gentleman was an emigrant, and issued a
+rhetorical advertisement for employment as a preceptor; but renouncing
+that calling, he provided himself with a blue bag, the sole
+qualification essential, and paraded the vicinity of the court: here
+some suitor found him. What he wanted in experience he made up by
+industry; and thus carrying his cause, established his reputation as a
+pleader.
+
+Abbott was a lover of fair play: when one of these gentlemen stated a
+cause, he expressed a wish that the other side could be placed in as
+clear a light. Willing to show how well he comprehended the case, the
+agent for the plaintiff set before the court what the defendant might
+allege; and Abbott, admitting its force, determined in his favor! The
+equitable judge decided that the plaintiff should pay the defendant the
+unsought balance of his bill.
+
+On such a primitive plan were minor rights protected. Although the
+decisions were often grounded on imperfect proof, the substantial equity
+of Abbott's adjudications was rarely questioned. In cases under £5 the
+court received no fee, but in higher causes a small sum was paid. The
+agents obtained what they could, as the recompense of their professional
+toils.
+
+Major Abbott continued to preside as deputy judge advocate, until his
+office was abolished. After visiting England he returned to Launceston
+with the appointment of civil commandant. He died in 1832: the
+inhabitants spontaneously honored his funeral. He was esteemed as a
+person of a generous nature and upright intentions. Major Abbott entered
+the army at the age of thirteen: he was in the service of the crown
+fifty-three years, forty-three of which were spent in the colonies.
+
+FOOTNOTES:
+
+[Footnote 77: 14 Geo. iii. c. 83.]
+
+[Footnote 78: "Whereas it may be found necessary that a colony and a
+civil government should be established, and that a court of criminal
+jurisdiction should also be established, with authority to proceed in a
+more summary way than is used within this realm, according to the known
+and established laws thereof." The court, described as above, is then
+authorised, to try "outrages and misbehaviours, as if committed in this
+realm would be treason or misprision thereof, felony or
+misdemeanour."--27 Geo. iii. Nothing is said of legislative power.]
+
+[Footnote 79: _Collins_, vol. i. p. 32.]
+
+[Footnote 80: _Bigge's Jud. Report_, p. 34.]
+
+[Footnote 81: Holt has left a graphic picture of a justice, which must
+be received, perhaps, with some reservation;--"I was walking with
+Barrington, the most accomplished pickpocket: he was arm-in-arm with
+Richard Atkins, Esq. I wished to have some conversation with them. A
+bottle of rum was produced, and some pleasant conversation about Ireland
+passed. At length I wished to retire, and Mr. A. said he never allowed
+any bottle off his table till he saw it emptied. We finished the half
+gallon bottle, and of course were not a little elevated. Mr. A. acted as
+a kind of deputy, when Judge Dore was not able, which not unfrequently
+happened: when spirits were plenty in the colony, he was generally
+indisposed." Mr. Croker adds, that "Atkins was appointed as a substitute
+to Collins in 1796, by the secretary of state, until the arrival of Mr.
+Dore in 1797."]
+
+[Footnote 82: _Bigge's Jud. Report_, p. 2.
+
+At Norfolk Island a court of criminal jurisdiction departed still
+further from the precedents of civil justice. An act authorised the
+government to convene a court of four military or naval officers, to
+decide on questions of life and death, even when free men were
+implicated.]
+
+[Footnote 83: "Yesterday, the bench assembled, when a free man, formerly
+belonging to Fort Dalrymple, was found guilty of stealing a silver watch
+from George Guest, jun., his property, and sentenced to labor for the
+government for the term of five years, and moreover to receive 500
+lashes."--_Derwent Star, Feb. 6th_, 1810.]
+
+[Footnote 84: _Holt's Memoirs_, vol. ii. p. 202.]
+
+[Footnote 85: Such punishments were not always unmerited, but they were
+capricious. A magistrate tied a carter to the wheel of his waggon, and
+inflicted 300 lashes for cruelty to his bullocks; but Dr. Montgarret
+ordered the blacksmith to be flogged, for presenting his bill!]
+
+[Footnote 86: _Mann's Picture of New South Wales_, 1811.]
+
+[Footnote 87: _Bentham's Plea._]
+
+[Footnote 88: _Bigge's Jud. Report_, p. 17.]
+
+[Footnote 89: Ibid.]
+
+[Footnote 90: _Bigge's Jud. Report_, p. 6. _Wentworth_, p. 43. edit. of
+1820.]
+
+[Footnote 91: _Bigge's Report_, p. 48.]
+
+[Footnote 92: _Macarthur's New South Wales: its present state and future
+prospects_, 1837.]
+
+[Footnote 93: _Bigge's Report._]
+
+[Footnote 94: 59 Geo. iii. 1819.]
+
+[Footnote 95: "This sentence was put in execution before the provision
+store, when the mob, either to display their aversion to the crime, or
+what might be more probable, to catch anything that wore the form of
+amusement, pelted him with rotten eggs and dirt."--_Collins_, vol. ii.
+p. 54.]
+
+[Footnote 96: _Gazette_, 1823.]
+
+[Footnote 97: Maconochie, in his supplement to _Australiana_, extracts
+the following passages from one of Sir James Mackintosh's private
+letters, published in his _Memoirs_, p. 342-3:--"Even out of England
+there are many places which I should prefer to this (Bombay). You will
+smile at the mention of Botany Bay; but I am most serious, and I assure
+you that next to a parliamentary situation, to which either nature or
+early ambition has constantly directed my views, I should prefer,
+without much regarding pecuniary advantages, that of being the lawgiver
+of Botany Bay.... England, in rearing such a community, is preparing not
+only conquerors of India, but enemies to herself and to all mankind.
+While on the one side the experiment of a reforming penal colony is,
+perhaps, the grandest ever tried in morals, it is one which is perfectly
+safe; for the settlement never can be worse than it is now, when no
+attempt towards reformation is dreamed of, and when it is governed on
+principles of political economy more barbarous than those which
+prevailed under Queen Bess. Every day the difficulties of the experiment
+grow with the increase of the (criminal) population.... I have heard,
+read, and thought so much about this extraordinary colony, that I am
+very confident in my general opinions; and I confess, between ourselves,
+that I am a piece of an enthusiast in my reforming projects," &c.]
+
+[Footnote 98: 43 Geo. iii.]
+
+[Footnote 99: "Not a governor, not a magistrate, that has acted thus,
+but has exposed himself to prosecutions upon prosecutions, to actions
+upon actions, from which not even the crown can save him."--_Bentham's
+Plea for the Constitution_, 1804.]
+
+[Footnote 100: _Wentworth_, p. 389. 1820.]
+
+[Footnote 101: _Collins_, vol. ii. p. 214.]
+
+[Footnote 102: _Collins_, vol. i. p. 268.]
+
+[Footnote 103: _Bigge's Jud. Report_, p. 76.]
+
+[Footnote 104: Collins.]
+
+[Footnote 105: _Bigge's Jud. Report._]
+
+[Footnote 106: Ibid.]
+
+[Footnote 107: Ibid.]
+
+
+
+
+SECTION V.
+
+
+William Sorell, Esq., third Lieutenant-governor, landed 8th April, 1817.
+To restore safety to the colony was the first duty of the governor: on
+his assumption of office he called the inhabitants together, and enabled
+by their subscriptions he offered large rewards, and thus inspirited
+both the soldiers and the constables. In less than three months the
+greater portion of the bushrangers were destroyed or captured. During
+Sorell's administration the colony suffered no serious disturbance from
+outlaws. This display of rigour was followed by judicious precautions:
+he ascertained more frequently the distribution and employment of the
+prisoners of the crown, and removed many temptations to disorder and
+crime.
+
+It was the practice, established first a few months after his arrival,
+to muster the whole population annually. Notice was sent through the
+districts, requiring the attendance of the several classes, who
+accounted for their families and their stock: the name, the residence,
+and civil condition of every inhabitant became known. Sorell thus
+ascertained the increase of cultivation and cattle, and whatever
+indicated progress.
+
+The landing of settlers direct from Great Britain was an important
+event: their efforts were experiments, and their achievements were
+prophetic. The political philosopher may trace in their errors, trials,
+and successes, the lessons afforded by experience for the instruction of
+nations. The rapid advance of modern colonisation tends to underrate the
+first efforts of our predecessors. The first colonial boat-builder
+founded a great commercial navy; the first shepherd held in his slender
+flock a treasure of unimaginable worth.
+
+The arrival of many emigrants led to the exploration of the country. The
+hunters were usually the pioneers, but beyond the general features of
+the scenery, they afforded little information: wild cattle were the
+better guides. To provide a settlement for strangers, Sorell explored
+the region lying between the Shannon and the Clyde to its junction with
+the Derwent; free from timber, and within twenty miles of navigable
+waters. At this district were located several distinguished settlers.
+
+The narrow grants and wretched homesteads of the emancipist cotters, the
+sole farmers at the time of this immigration, presented but little to
+please. The settler, whose imagination pictured the rustic beauties and
+quiet order of an English farm, saw unfenced fields of grain, deformed
+with blackened stumps: a low cottage of the meanest structure,[108]
+surrounded by heaps of wool, bones, and sheepskins; harrows and water
+carts amidst firewood; mutton and kangaroo strung on the branches of
+trees; idle and uncleanly men, of different civil condition but of one
+class; tribes of dogs and natives. No green hedges or flowery meadows,
+or notes of the thrush or nightingale; but yet there was the park-like
+lands, the brilliant skies, the pure river; and, above all, the
+untainted breath of the morning.
+
+In 1820, there were only two estates, those of Mr. E. Lord and Colonel
+Davey, on which fences were erected; and the destructive incursions of
+cattle were subjects of many complaints: yet in that year £20,000 had
+been obtained for wheat exported to Sydney. The first crops were
+prolific: the early settlers chose the more fertile and open plains; and
+many selected sites for their dwellings on natural lawns of surpassing
+beauty.
+
+The dispatch of vessels direct from England rapidly increased the
+population: in one year (1822) six hundred settlers entered the port,
+and by the capital which they invested, and the habits of decency and
+enterprise they exhibited, gave a new tone to the colony. A succession
+of publications drew attention at home to the capabilities of Van
+Diemen's Land. It was described in the _Quarterly Review_ (May, 1820) by
+a friendly pen, which stated that during three years, a detachment of
+one hundred men had not lost three, and that Hobart Town had been
+sixteen months without a funeral.
+
+The work of Lieutenant Jeffries, who spent several months in a passage
+from Sydney to Van Diemen's Land, and who wrote much in praise of the
+native women, and the pleasures of a bush life, drew a pleasing picture.
+The more sober sketch of Captain Dixon, and the copious delineations of
+Mr. Wentworth, directed the public curiosity to Tasmania. For several
+successive years new books were published, describing the fertility of
+the soil and the beauty of the climate. These generally contained a
+theory of pastoral increase--a geometrical progression towards wealth.
+The increase was, indeed, rapid beyond oriental precedent. Between 1810
+and 1820, it was estimated at fifty fold.[109] The adaptation of these
+colonies for the growth of wool first drew the attention of several
+gentlemen of Hamburgh, whose importations afterwards promoted the
+improvement of our flocks.
+
+The position of Van Diemen's Land favored its settlement. Vessels bound
+to Port Jackson often touched at the Derwent to discharge portions of
+their cargo; and weary with the length of the voyage, emigrants listened
+to the persuasions of the colonists, and the hints of the
+lieutenant-governor himself.
+
+The advantages offered to settlers, so late as 1818, included not only
+grants of land, but loans of stock and seed; and a price for wheat, long
+standing at 10s. per bushel, and for meat 6d. per lb. The settlers were
+entitled to rations for themselves and their convict servants for six
+months. It was stipulated that the stock should be replaced by the
+increase, and the wheat repaid at the harvest. Such engagements were,
+however, rarely fulfilled. No suits could be prosecuted by the crown in
+the local court, and vague threats of disfavor were the only means of
+recovery: these were understood as formalities. The crown, by the
+prohibition of distillation, prevented a consumption of grain, and until
+a fixed price was given corn had been sometimes of no value whatever. A
+partial market was assured, to prevent the total neglect of agriculture.
+The patronage, of course, led to official corruption: many officers
+received wheat from their servants in commutation of labor, and some of
+more than usual inferiority was thus admitted by a Launceston
+commandant, a refugee Frenchman, who threatened to transport the
+storekeeper for calling in question its quality. The Commissioner Bigge
+recommended the bounty should be entirely abolished, distillation
+permitted, and supplies purchased by tender. A deficiency could be no
+longer apprehended. There were 7,400 inhabitants, at the close of 1821,
+who possessed 15,000 cultivated acres, 35,000 horned cattle, 170,000
+sheep, 550 horses, and 5,000 swine. With such resources, the danger of
+famine finally disappeared.
+
+The herds were composed chiefly of Bengal cattle, imported at an early
+period; but the emigrants introduced the most valued of the English
+breeds, which have entirely supplanted the early stock. The herbage and
+the climate are equally favorable to the increase of cattle.
+
+The interior of the country being quiet, tickets of occupation were
+granted to settlers, who were enabled to establish large herds and
+flocks on the lands of the crown. The scarcity of provision in New South
+Wales soon created a considerable demand for the produce of this
+country, and in 1820 meat, to the value of £10,000, was purchased by the
+crown for exportation.[110]
+
+Macquarie, when his administration was drawing to a close, came on a
+tour of inspection to Van Diemen's Land. He arrived in the _Midas_. The
+squally weather, which prevented his immediate landing, gave time to
+prepare for his reception. He disembarked on the 24th April, 1821,
+saluted from the battery, and by the military, who lined the road to the
+government house. At his former visit in 1810, the population did not
+exceed 1,500. A few scattered and miserable huts, separated by
+thoroughfares but half recovered from the forests, then constituted the
+capital, which had now acquired something of an English aspect: there
+were 426 houses, and 2,700 souls.
+
+Few scenes are more pleasing than those which, assisted by memory,
+display the growth and triumph of industry. The gratification of all
+parties was visible, and a general illumination closed the day. It was a
+day of pardons and bounty: when the prisoner received his liberty and
+the settler his heritage: every inhabitant who had no plaint to prefer,
+had yet thanks to pay. The _bachelors_ of Hobart Town gave a public ball
+to the governor: one hundred and fifty sat down to supper, and the
+gentlemen danced together until the morning.
+
+On the 29th June, Macquarie sailed in the _Caroline_: he was accompanied
+to the water's edge by a large concourse of people, and carried with him
+applauses which his amiable vanity prized, and which his beneficence
+deserved.
+
+Macquarie inserted in the _Sydney Gazette_ the details of his progress,
+and observations. Whatever he described, he lauded: the architectural
+taste of the private buildings; the handsome church; the commodious
+military barracks; the strong gaol; the well constructed hospital. The
+enterprise and industry of the people; their spacious harbour; their
+battery, signal post and pier--are all distinguished with the minuteness
+of an auctioneer's catalogue, and nearly in its phrases.
+
+During his progress he gave names, among which many remain memorials of
+his love of country: Staffa Ulra, and Olmaig; Perth, Campbell Town,
+Oatlands, Strathallen Creek, Roseneath. The townships of Sorell,
+Brighton and Elizabeth, were designated by him: the last in honor of his
+wife. His own name is found everywhere.
+
+FOOTNOTES:
+
+[Footnote 108: There is nothing new under the sun. The following
+description of a New England cottage, on the Penka-tang River, in 1704,
+is given in the journal of Madame Knight:--"It was supported with shores
+(posts), inclosed with clapboards laid on lengthways, and so much
+asunder that the light came thro every where; the doore tyed on with a
+cord in ye place of hinges; the floor the bare earth. No windows but
+such as the thin covering afforded, nor any furniture but a bedd with a
+glass bottle hanging at ye head on't. An earthen cupp, a small pewter
+bason, a bord with sticks to stand on instead of a table, and a block or
+too in ye corners insted of chairs."]
+
+[Footnote 109: _Wentworth_, vol. ii. p. 93.]
+
+[Footnote 110: The following is a list of exports from Van Diemen's Land
+to Sydney in six years:--
+
+  _Wheat valued at 10s., and Meat at 6d._
+
+Year.   Bushels Wheat.   lbs. of Salt Meat.    £
+
+ 1815        1,770               --            885
+ 1816       13,135             10,000        6,817
+ 1817       15,240              8,000        7,820
+ 1818        7,990             64,640        5,611
+ 1819       24,768            346,800       21,054
+ 1820       47,131            386,000       33,225
+
+_Wentworth_, vol. ii. p. 32.
+
+Lands granted from 1818 to 1821, from 25,000 to 273,000 acres;
+population from 3,557 to 7,360; in cultivation, from 5,080 to 15,005
+acres.]
+
+
+
+
+SECTION VI.
+
+
+The Australian colonies owe their pastoral wealth originally to Captain
+John Macarthur, of the 102nd regiment: he was assisted by the enterprise
+of Captain Waterhouse, of the royal navy, who, though a sailor and
+confessedly ignorant of pastoral affairs, conveyed to the colony the
+stock which laid the foundation of its fortunes. The sheep brought by
+the first fleet to New South Wales, were sacrificed to the necessities
+of the time: the cattle strayed, and were discovered long after grazing
+on the Nepean, increased to many hundreds. Several efforts were made by
+the New South Wales Corps to introduce a stock, chiefly for the knife;
+but the transmission was attended with considerable difficulty, and the
+greater portion died.
+
+The basis of the New South Wales flocks was the Bengal: these, bearing
+hair, were mixed with sheep originally from Holland, and imported from
+the Cape. Mr. Macarthur having obtained some sheep from Ireland,[111]
+remarked the great, though accidental improvement in the fleece, which
+exhibited a mixture of wool, and gave the first hint of a great possible
+improvement. He then requested Captain Kent to procure sheep from the
+merino flocks of Colonel Gordon, at the Cape. These were forwarded by
+Captain Waterhouse (1797), who delivered to Macarthur three rams and
+five ewes, and retained a proportion himself.
+
+The results surpassed expectation. The flocks of Bengal yielded to three
+or four crossings, and produced the finest wool. Thus the heaviest
+fleece, in 1801, was 3-1/2 lbs.: the next season it improved to 5 lbs.
+The ewe produced wool worth 9d., her lamb's wool was valued at 3s.; and
+even the merino improved by the exchange of climate: its wool produced
+at the Cape being worth 4s. 6d., and at New South Wales 6s. The rate of
+increase was not less encouraging: the produce of fifty ewes, in seven
+years, was two thousand.
+
+In 1803, Captain Macarthur visited England, and presented a memorial to
+the lords of the committee of the privy council on the pastoral
+capabilities of New South Wales. He requested the crown to grant the use
+of public lands and servants, and offered to supply the commissariat at
+a given price, and to sustain the entire risk or loss of his experiment.
+The statement of increase was doubted: the testimony respecting the
+quality of wool could not be disputed, as Macarthur had procured the
+certificates of eminent manufacturers. It was, however, asserted that
+the natural pasture would be unable to subsist flocks, and it was
+necessary to combat this objection. Macarthur proposed to sell his flock
+at their value to a company, and on credit; on condition that the
+company procured a grant from the crown for pasture. This was declined;
+but Lord Camden was requested by their lordships to encourage Macarthur,
+and he received in consequence permission to occupy the cow pastures,
+where natural fences prevented the intermixture of his flocks. A grant
+of 5,000 acres--ultimately of an additional 5,000--was made to him.
+Never was a reward more justly due, or given with less sacrifice.[112]
+
+Mr. Macarthur procured from the royal flock at Kew, one ewe and nine
+rams:[113] with these he raised his flock to 6,000 (1818), and
+frequently sold pure merino rams at from £14 to £28 per head.
+
+The merino stock of George III., from which the Australian stocks were
+partly drawn, was sent to that monarch by the Spanish cortes. The king's
+love of rural pleasures was thus instrumental in adding immense wealth
+to his empire.
+
+It was not until 1820, that settlers of Van Diemen's Land entered the
+career of improvement. The original stock were introduced by Colonel
+Paterson: a mixture of Teeswater, Leicester, and Bengal breeds. The
+lieutenant-governor was anxious to improve the quality by an importation
+of merino lambs. By an engagement with Macarthur, three hundred were
+shipped at Sydney;[114] but more than one-third died: the rest were
+distributed to the settlers by lot, who gave the engagements to repay at
+the stipulated sum, and who received facilities for the experiment in
+suitable tickets of occupation. Macarthur received, at 7s. 6d. per acre,
+4,368 acres of land for the 300 lambs, valued to the crown at £5 per
+head.[115] From this date the wool of the Tasmanian flocks became known
+to commerce.
+
+Van Diemen's Land wool was not an article of export until 1819. Only
+71,000 pounds had been sent to London from New South Wales, but some had
+realised even 7s. 6d. per lb.; in one instance 10s., it is said, by a
+friendly competition: a sum three times greater than the English price
+of the finest continental wool. A specimen had been manufactured for
+George IV., and which so pleased him that he directed Sir J. Bloomfield
+to enquire if more could be obtained in England. There seemed now no
+hesitation in giving credit to Macarthur's prediction, that the
+boundless pastures of New South Wales would relieve the manufacturers of
+dependence on Spain.
+
+That great encouragement had not been afforded, and greater progress
+accomplished, may be considered surprising. The wool of commerce was
+still inconsiderable; although the flocks of both colonies amounted to
+200,000. Before the merino was first introduced, the fleece was
+considered worthless. The operation of shearing was often delayed until
+the sheep were injured: it was a deduction from the profit. The wool was
+burned, or thrown into the stock-yards as manure.
+
+In 1819, the captain of the _Regalia_ accepted a proportion of Van
+Diemen's Land wool, in exchange for merchandise: it had no market price,
+its expenses were considerable, and a duty of 3d. was levied at London.
+A sample was seen by Mr. Hopkins lying in the docks in the worst
+possible condition: the speculation was a failure. The colonial
+government bought several tons a few months after at 3d. per lb. for
+mattresses, a sum that scarcely paid for its conveyance from the
+interior. The duty, formerly 3d., was reduced, on the recommendation of
+the commissioner, to 1d. per lb.
+
+To Mr. Henry Hopkins the public are indebted for the first appreciation
+of Tasmanian wool. In September, 1821, he offered by advertisement a
+price in money, and bought at 4d. per lb. Twelve bales sold in London,
+the entire wool export of the colony, for 7d. per lb., or £88: the
+expenses were nearly half that sum. The merchants, however, continued to
+purchase, and the settlers to improve their flocks. In 1823, five
+hundred and fifty bales were exported in the _Deveron_, and an equal
+quantity in other vessels; and the wool of Clarendon rivalled the flocks
+at Port Jackson.
+
+FOOTNOTES:
+
+[Footnote 111: _Bigge's Report._]
+
+[Footnote 112: _Par. Pap._]
+
+[Footnote 113: _Bigge's Report._]
+
+[Footnote 114: _Bigge's Report._]
+
+[Footnote 115: _Par. Pap._]
+
+
+
+
+SECTION VII.
+
+
+The _Britannia_, a vessel the property of Messrs. Enderby and Sons,
+first discovered the whale fishery.[116] On doubling the south-west cape
+of Van Diemen's Land the crew saw sperm whales: in their progress to
+Port Jackson they fell in with prodigious shoals, as far as could be
+seen from the mast head. On arriving at Port Jackson the captain
+secretly informed the governor, who facilitated his preparation for a
+cruise. The sailors, however, did not conceal their observation, and two
+other vessels, the _Mary Ann_ and _Matilda_, sailed one day before the
+_Britannia_ and the _Salamander_, on the 1st November, 1791. On their
+departure they encountered bad weather, but saw whales in great plenty.
+The attempt was, for the moment, unsuccessful. Great expectations were
+formed by the colonists, who anticipated that this port would be a
+rendezvous of fishermen. This fishery, pursued since with so much
+vigour, was of little immediate value to Van Diemen's Land.
+
+The duties payable on exports from the colonies were both excessive and
+unequal; especially in oil, the difference amounting to almost absolute
+prohibition; being twenty times greater than by London ships. The
+settlers could only procure for their own consumption or the Indian
+market. The whalers often carried on their operations in sight of the
+towns, and heaps of bone at that period lay on the eastern shore. Of the
+first whale taken in the Derwent, Jorgen Jorgenson declared himself the
+captor.
+
+The trading pursuits of the inhabitants were fettered by the privilege
+of the East India Company. The act of parliament authorising its
+charter, prohibited the employment of vessels less than 350 tons between
+England and New South Wales; the small coasting trade was, therefore,
+solely eligible to the people of these colonies except in vessels
+unsuitable to the extent of their commerce. Thus, even the Mauritius was
+closed against the corn and meat of this country. This law was repealed
+in 1819, and thus vessels of any tonnage could be employed in the
+colonial trade.
+
+In the islands of the straits sealing was pursued with such vigour, that
+it was comparatively exhausted at an early date: small vessels were
+employed in the dangerous navigation, and not unfrequently lost.
+
+Few instances of nautical disaster and personal misfortune have
+surpassed the case of Captain Howard, in 1819. He was robbed of an iron
+chest containing money and jewels to a large amount. Next, the
+_Lachlan_, his property, was stolen by convicts. He freighted the
+_Daphne_ for India, and sailed with two women and a boy, beside the
+crew. They anchored at Kent's Group, and Howard landed. The brig, some
+hours after, was observed to drift: the wind blowing hard on the shore,
+her destruction was inevitable. The long boat was laden, and leaving
+behind the passengers and some seamen, Howard after great efforts
+reached the Derwent. Under his direction, the _Governor Sorell_ sloop
+was dispatched to receive the people left on the island. Meanwhile the
+_John Palmer_ entered the group, took off the women and the boy, and a
+bag of 400 dollars left in their charge; and was lost with the whole of
+her cargo. Nor was the _Governor Sorell_ more fortunate: the seamen of
+the _Daphne_, who left the island in a boat, saw on the north-east coast
+of Cape Barren, the binnacle and other fragments of that vessel, in
+which Howard perished.
+
+The same fate seemed to attend his property after his death. He had
+freighted the _Frederick_ and the _Wellington_ with sheep and cattle for
+the Isle of France, a market which then offered large gains. After some
+delay they reached the Northumberland Islands, off which the stock all
+died, from want of room and the influence of climate. Unwilling to
+proceed without cargo, the captain detained the vessels for spars. Here
+the _Frederick_ was wrecked, and twenty-two of the crew were drowned;
+but the chief officer, one woman, and a boy, reached the _Wellington_.
+They then proceeded to Timor, constrained on the passage to subsist on
+the preserved hides of the cattle. From Timor they proceeded to Batavia:
+the captain died, and the crew dispersed; and the vessel was taken under
+charge by the Orphan Chamber, her register being lost, and her owners
+unknown!
+
+A calamity still more singular, may be worth record.[117] The _Surrey_,
+Captain Raine, left the Derwent in 1820. Having heard that men were
+detained at Ducie's Island, he went there in search of them. The men
+came to the beach, but could scarcely articulate from exhaustion: they
+had belonged to the _Essex_, a whaler. One day, a whale of the largest
+class struck the vessel, and broke off part of her false keel: she then
+went a-head of them a quarter of a mile, and turning back met the vessel
+with such tremendous velocity that she was driven back at the rate of
+several knots: the sea rushed in at the cabin windows; every man on deck
+was knocked down, and the bows were completely stove in. The sailors
+were obliged to abandon the vessel, and after visiting several islands
+were found by the _Surrey_ as described.
+
+The strong inclination to trade, common to emigrants, was in these
+colonies a passion, while the settlers were of the lower class. The want
+of coin induced the government to pay the debts it incurred in rum,
+which, commonly valued at £1 per bottle, passed from hand to hand. The
+commissariat receipts were, however, the chief medium of exchange: they
+were acknowledgements of the delivery of goods for the use of the crown.
+They were paid by the settlers to the merchants, who on the appointed
+days presented them for consolidation, and received in return bills on
+the lords of the treasury. Every trader issued his notes. The islands of
+Scotland possessed a small paper currency, and to that origin were we
+probably indebted for our own. Dr. Johnson found such trifling bills in
+circulation during his celebrated tour. In Hobart Town they were issued
+in great profusion.[118] Often of the lowest value, both in amount and
+in credit, they kept afloat by the risk which their refusal involved.
+When presented in small quantities they were usually paid. A trader
+rejecting his neighbour's bills would be harrassed by his revenge: this
+was, however, done in some instances. A large issuer of notes in
+Launceston was staggered by a sudden demand for payment: to maintain his
+credit he borrowed dollars, and gave additional notes as security. A few
+days after they returned, and the same dollars were again borrowed by
+the unfortunate financier. The run was devised by his clerk, who managed
+by such manoeuvres to obtain a large bonus for negociating a loan of
+coin. The credit of these notes depended greatly on the Naval officer, a
+sort of collector: if admitted in payment of duties, they were current
+everywhere. The criminal courts continually exhibited frauds, consequent
+on these small issues. The issuers, however, had many chances in their
+favor: they did not always know their own notes; but great numbers were
+destroyed by persons intoxicated, or lost or worn out. The meaning of
+payment in currency, they interpreted, as giving one note for another,
+or four shillings for five shillings.
+
+The colonial dollars were mutilated to prevent their exportation. In
+1810, dollars were imported from Bengal. To make a smaller coin the
+centre was struck out, and valued at 1s. 3d.; the ring retaining its
+full current value. The crown payed the dollar as five shillings, and
+received it as four shillings; thus gaining 20 per cent. in exchange for
+bills, and in the settlement of accounts: an injustice so shameful was
+the subject of parliamentary reprobation, and ultimately suppressed. In
+1824, the _Samarang_ imported £10,000 of British silver, and the lords
+of the treasury directed that British coin should be paid to the troops,
+and taken in exchange for treasury bills.
+
+The establishment of the Van Diemen's Land Bank (1823) was the most
+effectual remedy of many financial difficulties. The traders obtained a
+charter from Sir Thomas Brisbane: the capital was divided into shares of
+200 dollars, and its direction was committed to a local board.[119]
+
+The issues of individuals were finally suppressed by act of council. The
+detection of many frauds enabled the dishonest, with a show of right, to
+dispute payment. They were sometimes recovered in the court of request.
+Justice was once secured by Mr. Hone, in the following manner:--The
+defendant was requested to select the notes he admitted to be genuine,
+and then to hand both parcels to the bench: these being marked were
+dropped purposely, and the defendant unsuccessfully attempting the same
+division once more, showed that his repudiation was fraudulent, and lost
+the cause.
+
+It was the custom to load a cart with goods, and send it through the
+country: the peddling merchant exchanged his commodities--a cask of rum,
+a basket of tobacco, a chest of tea, a bale of slop clothing--for sheep
+and cattle. The profits were often enormous: on his return to head
+quarters he would appear with a flock worth five times the original cost
+of his merchandise.[120]
+
+The manners of a people are seen in the courts. A series of trials,
+arising from the same transaction, included a considerable portion of
+the settlers, and illustrated the trading habits which prevailed. Mr.
+Gunning being indebted to Mr. Loane, a merchant, agreed to pay him in
+cattle: this arrangement was superseded. Fearing, notwithstanding, that
+his claim would be damaged by a general insolvency, Loane took with him
+seven men, and swept from Gunning's premises a herd of various
+ownership. For this he was called in question by the police as a felon:
+in retaliation, he instituted actions for malicious prosecution.
+Crossley, an emancipist lawyer, issued summonses, and instructed the
+officer to arrest, contrary to standing orders; but Timms, the provost
+marshal, to exhibit a spectacle, captured the police magistrate
+proceeding to government house. The whole settlement was involved in
+actions arising out of the debt, rescue, and criminal charge, either as
+parties or witnesses. The provost marshal was dismissed for "drunken
+ignorance." These trials occurred in 1821, during the circuit of the
+judge, Barron Field, who was induced, by the representations of
+Commissioner Bigge, to hold a session in this colony.
+
+FOOTNOTES:
+
+[Footnote 116: _Hunter's Historical Journal._]
+
+[Footnote 117: _Methodist Magazine_, 1821.]
+
+[Footnote 118:
+
+"No. 20.       _Hobart, 1st May, 1823._
+
+SIXPENCE.       I promise to pay the bearer on demand the sum
+of Sixpence, for value received.
+                               A. B."]
+
+[Footnote 119: Names of first directors and officers:--E. F. Bromley, A.
+Bethune, F. Champion, G. C. Clarke, A. F. Kemp, A. Macleod, and D. Lord;
+R. Lewis, cashier.]
+
+[Footnote 120: _Curr's Account_, p. 44.]
+
+
+
+
+SECTION VIII.
+
+
+The ecclesiastical notices contained in this work, will relate chiefly
+to external and material interests. The eye of a stranger cannot be
+expected to survey with impartiality the peculiarities of systems. It
+will be attempted to supply a few general facts acceptable to the
+community at large.
+
+During the first years of this colony the duty of providing religious
+instruction, was both admitted and neglected by the state. The clergy
+were limited to the towns, who with the clerical functions united the
+business of agriculture and the administration of punishments. The
+church of England was then regarded by statesmen as the religion of the
+empire, and to clergymen of the episcopal persuasion the spiritual
+interests of the settlements were confided.
+
+The first clergyman of New South Wales was the Rev. Richard Johnson: his
+labors were prosecuted under many discouragements. The priest of a
+Spanish vessel raised his hand with astonishment when he found (1793) no
+sacred edifice had been provided, and that the clergyman sought some
+shady spot to evade the burning sun in the performance of his ministry.
+He remarked, that the first house his own countrymen would erect, would
+be a house for God.[121] The habits of the officers discouraged a moral
+reformation. Earl St. Vincent had prohibited the marine officers taking
+their wives. A lady, who followed her husband in the disguise of a
+sailor, was sent home by Governor Phillip, when half her voyage had been
+completed.[122]
+
+Four years having elapsed, in vain expectation of official help, Mr.
+Johnson erected, at his own cost, a wooden building: strong posts were
+driven into the ground, the walls consisted of wattle and plaster, and
+the roof was thatched: thus the first Christian temple in this
+hemisphere was raised by a voluntary effort. This building was
+maliciously destroyed. After a long season of slumber, the governor
+resolved to enforce the observance of the Sabbath, which had been
+commonly spent in "abominable dissipation." The prisoners were compelled
+to attend on public worship, and their officers enjoined to accompany
+them: a few weeks after, the church was in flames. The governor,
+irritated, threatened to employ the workmen on Sunday to erect another
+church; but a large stone store being available, it was fitted up for
+the purposes of devotion, and the weekly penance exacted in another form
+more suitable to the day (1778). Mr. Johnson returned to Great Britain:
+he was the first who reared orange groves, from which he realised
+considerable wealth.[123]
+
+Before Mr. Johnson's removal, the Rev. Samuel Marsden arrived: a man of
+great intellectual and physical energy, who while he accomplished much
+for his family, effected more as a clergyman. Mr. Marsden was a graduate
+of St. John's, when he received his appointment, which was pressed upon
+him. His mission excited great interest. He was about to address a large
+assembly at Hull, when the vessel fired a signal to weigh anchor: the
+service was suddenly stopped, and Mr. Marsden proceeded with his bride
+to the boat, followed by the whole congregation, who covered the young
+adventurers with benedictions.
+
+Mr. Marsden resided at Parramatta, where his agricultural success was
+conspicuous. Perón exclaimed--"The whole of this spot was covered with
+immense and useless forests. With what interest have I trodden over
+these new meadows, through the midst of which this respectable pastor
+conducted me himself with the most affectionate kindness. Who could have
+believed it! This residence is seven or eight miles from Parramatta, in
+the midst of woods; and it was over a very excellent road in a very
+elegant chaise that Mr. Marsden drove me. What exertions must have been
+taken to open such communications: these pastures, these fields, these
+harvests, these orchards, these flocks, are the work of eight years!" In
+his spiritual husbandry Mr. Marsden was not at first equally successful.
+
+He returned to England in 1808, and the colony was left for some time
+without any clerical instructor. The Rev. Mr. Fulton, a protestant
+clergyman of Waterford, transported for sedition, was stationed at
+Norfolk Island, and Father Harold, an exile, a catholic priest, had
+returned home. "There was," says Holt, "no clergyman to visit the sick,
+baptise the infant, or church the women. So we were reduced to the same
+state as the heathen natives who had none of these ceremonies." At this
+period, however, many missionaries, driven from Tahiti, took refuge at
+Port Jackson. Some were employed as preachers, and others as
+schoolmasters, and several rose to considerable station and wealth,
+while others resumed their mission under more favorable auspices.
+
+Mr. Marsden succeeded in arousing the attention of the ministry:
+additional clergymen were procured, and schools were established. The
+country-born children displayed an aptitude for instruction which
+kindled the most pleasing hopes. They exhibited a feeling, approaching
+to contempt, for the vices of the convicts, even when manifested in the
+persons of their parents.[124] "These feelings," said Sidney Smith,
+"convey to the mother country the first proof that the foundations of a
+mighty empire are laid."[125]
+
+It is scarcely possible to imagine a condition more unfavorable to the
+rising race; and yet the aptitude for instruction, and the self-respect
+observable in the Australian youth, have been remarked by every visitor
+from the earliest times, not without astonishment. It is not uncommon to
+see children of the most elegant form, and with an open countenance,
+attended by parents of a different aspect, as if a new region restored
+the physical and mental vigour of the race.
+
+A pleasing instance of the love of knowledge occurred during the early
+ministry of the Rev. Mr. Cartwright, which he related to Governor
+Macquarie. The river which separated them from his dwelling was swollen,
+and knowing the ford was impassable, he saw with great amazement his
+young pupils approach his Sunday school: they had tied their clothing on
+their heads, and swam across the stream.[126] It is asserted, that
+without any other instruction than a casual lesson, some learned both to
+read and write.
+
+The Rev. Robert Knopwood, who arrived with the first settlers, was long
+the sole chaplain of Van Diemen's Land. In addition to his clerical
+functions he regularly sat as a magistrate. He had not much time to care
+for the spiritual interests of his flock, and of his success in their
+reformation nothing is recorded: his convivial friends are the chief
+eulogists of his character. His little white pony was not less
+celebrated. Mr. Knopwood received a pension, and was subsequently
+appointed chaplain to a country district: he died in 1838. The gaiety of
+his disposition made him a pleasant companion and a general favorite;
+and conciliated whatever esteem may be due to a non-professional
+reputation.[127] Mr. Knopwood was not, however, unwilling to tolerate
+the assistance of a sect whose zeal wore a different aspect from his
+own. The wesleyan ministers found a kindly welcome and an open field.
+
+In the absence of clergymen, it was customary for the magistrates to
+conduct public worship, or where that was not possible, to assemble the
+prisoners and accompany the inspection with a few words of advice.[128]
+
+The attention of the London committee of the wesleyan mission was
+aroused by their agents stationed at Port Jackson, who referred to this
+colony as "a settlement called the Derwent, two weeks' sail distant."
+The Rev. B. Carvosso, on his passage to New South Wales, touched at
+Hobart Town, in the month of May, 1820. He embraced the opportunity thus
+offered. He was introduced by the Rev. Mr. Knopwood to the governor, who
+authorised and protected his teaching. Mr. Carvosso stood on the steps
+of a dwelling-house; his congregation partly within and partly without:
+his wife conducted the psalmody. The text which initiated the wesleyan
+ministry was characteristic of its style and results: "Awake thou that
+sleepest!" The colony required such addresses. Mr. Carvosso's
+description of the inhabitants may be imagined: they were kindly, but
+dissolute. At New Norfolk and at Pittwater, with a population of several
+hundreds, no religious service had been performed. A seriously-minded
+soldier, by diligent inquiry, found out a settler said to be religious.
+To converse with this person, he took a journey of fifteen miles, and
+found him swearing!
+
+Shortly after Mr. Carvosso's departure, several soldiers of the 58th
+regiment, who at Sydney adopted the sentiments of methodism, were
+quartered in the island. They prompted a Mr. Noakes to obtain a room for
+worship: eight persons met on the 29th October, 1820, at a house in
+Collins-street, Hobart Town. They next removed to the residence of a Mr.
+Wallis: the soldiers and their coadjutor filled up the hour with
+singing, exhortation, and alternate prayer. Corporal Waddy appears to
+have been the leader of the band. They were assailed with great, though
+transient fury: their devotion was stifled by hostile noises. The
+governor, however, interfered, and the disturbers were intimidated.
+
+But the landlord of the house growing weary of their company, they
+sought a place of refuge. Donne, a carpenter, whose skilling formed a
+workshop, was entreated to arrange it for worship. At first, he gave a
+hesitating consent: his wife, a woman of vigorous temper and "a
+Romanist," violently interdicted the project; "but," says the
+chronicler, "that night there was a dreadful storm; the house rocked:
+she awoke in terror, exclaiming, 'the methodists shall have the room!'"
+The building became too small: it was enlarged to accommodate three
+hundred persons: a society of fourteen members was constituted. On the
+13th May, 1821, a Sunday school was established; the first in Van
+Diemen's Land. All this was done in the absence of a minister. Waddy,
+who was made a sergeant, went to India, where he soon died. He was
+mentioned with admiration by his brethren. Donne had been a prisoner: he
+lived to acquire the respect and confidence of his neighbours. His
+proper name was Cranmer: he was descended from the family of the
+illustrious archbishop.[129] He remained in membership until his
+decease. Mr. Noakes, the organiser of these wesleyan victories, became
+dissatisfied with their results: the _Gazette_, of 1823, announced that
+he had withdrawn from their fellowship. To him, however, belongs the
+honor of gathering the first school for gratuitous instruction.
+
+In the year following, September 21st, 1821, the Rev. Mr. Horton
+arrived. His labors were fatiguing and minute: he read the scriptures to
+"four persons in one place, and addressed twelve in another; chiefly old
+people and young children." He describes the social state of the
+country: "The wretchedness of Launceston is past description:" "of the
+deaths at New Norfolk, all except two are attributed to accident or
+drunkenness."
+
+Mr. David Lord gave Mr. Horton a plot of ground, and he resolved to
+build. He was indefatigable in his collections; and by contributions,
+then thought liberal, obtained £400.; but chapels are not built by
+cautious men. Having raised the walls his money was gone; and they
+remained long uncovered: a reproach to his calculation, but not to his
+faith. The Rev. R. Mansfield, two years after, obtained timber and labor
+from the government: gifts and loans were provided by the society in
+England, and the building was completed.[130]
+
+In 1822, a considerable religious immigration took place. Carvosso
+transmitted accounts of the material and moral prospects of the colony,
+which determined several of that class to settle in this island. They
+embarked in the _Hope_, and encountered great dangers in the British
+channel. On their complaints the vessel was seized, under an act for the
+protection of passengers; and the _Heroine_ being chartered for the
+purpose, they were transmitted at the expense of the government. The
+owners successfully appealed against the seizure, and accused the
+passengers of conspiracy; who, however, themselves suffered considerable
+detention and loss.[131] Many still survive, having largely contributed
+in their various spheres towards the social improvement of the country.
+
+Mr. Knopwood was superseded, as principal chaplain, by the Rev. William
+Bedford. This gentleman received his appointment by the recommendation
+of persons who had been impressed by his zealous attendance on criminals
+awaiting execution in the metropolitan gaols.
+
+The presbyterian church was founded the same year by the Rev. Archibald
+Macarthur. He was cordially received as a representative both of his
+country and his religion: though not himself of the national church,
+most Scottish names are appended to the first subscription for his
+stipend.
+
+The co-operation of the various bodies was not prevented by their
+differences. Of the first annual meeting of the wesleyan mission, Mr.
+Bedford was president, and the whole community joined in the support of
+a bible society, the first religious institution of the colony.
+
+The missionaries who fled from Tahiti a second time, formed at Sydney a
+bible society, under the patronage of Macquarie, and transmitted a
+considerable supply to the care of Mr. Knopwood. In return for the
+liberal gift, an auxiliary was formed, of which Messrs. Birch and Dry
+were the lay officers. The meeting held in May, 1819, contributed £100
+on the spot: £300 during the year. This munificence was avowedly for the
+credit of the settlement. Not only did the institution unite all sects,
+but it was the first instance of friendly co-operation between the
+emigrant and emancipist classes.[132] Among the contributors were twelve
+who, giving 5s. each, designated themselves the "members of the free and
+accepted masons of St. John's Lodge, Hobart Town." An early general
+meeting of the society was an example of dispatch: the governor took the
+chair, the report was read, the resolutions passed, and the meeting
+dispersed within ten minutes. With such celerity were pious labors
+finished in those days.
+
+The erection of the archdeaconry in favour of the Rev. W. Scott, in
+1824, was the result of his visit to the colonies, as secretary to
+Commissioner Bigge, whose reports were attributed to his pen. His
+alleged hostility to the emancipists excited resentment, and detracted
+from his usefulness. When delivering his charge at Hobart Town, the
+governor required the attendance of all officially connected with the
+government, whatever their faith. New South Wales was within the diocese
+of Calcutta, but the relation was nominal; yet the newspapers did not
+think a visit from Bishop Wilson improbable.
+
+The Rev. John Youl, formerly a missionary at Tahiti, was the chaplain of
+Port Dalrymple. His labors were divided between George Town and
+Launceston, and until his arrival no clergyman had ever visited the
+northern districts of the island.[133] In 1819, he made a tour, and
+baptised sixty-seven children, and married forty-one couple; many of
+whom were recognised as such before his interposition.[134] He was
+accustomed to call his congregation together by the sound of an iron
+barrel, which was swung to a post, and struck by a mallet; or he
+announced his arrival by walking through the settlement in his canonical
+dress.
+
+Launceston was destitute of a clerical resident until 1824, when Mr.
+Youl returned with the establishment from George Town. The people were
+sometimes weeks without a service, and three years without a clergyman.
+Shortly after, during a visit of the governor, the church was crowded;
+an event said to be unparalleled in the history of Launceston. The
+church was a wooden building of small dimensions: sometimes occupied as
+a court, sometimes as a temporary sleeping place for prisoners;
+sometimes as a stable.[135]
+
+The disposition of Mr. Youl was amiable, and his professional reputation
+unblemished: placed in a station of little promise, he cultivated the
+minds and affections of the young, and discountenanced vices he could
+not extirpate.
+
+The first Roman catholic priest established at Hobart Town, was the Rev.
+Peter Connolly. Less polished than his protestant friend, Mr. Knopwood,
+he was not less genial in his temper: the pastor of a people drawn
+chiefly from the Irish peasantry, he well understood their character. He
+received a grant from the crown, and erected a humble chapel and
+dwelling-house; which he ascribed partly to the charity, and partly the
+penance of his flock. He used a common brush to sprinkle them with holy
+water, and spoke of their faults without much softness or reserve.
+Occasionally an execution required his services at Launceston, otherwise
+a place long overlooked by the priesthood.[136]
+
+The return of the Sabbath was unattended in the country with a religious
+welcome. Many employed their time in hunting: the more scrupulous in
+visits, and the profane in labor or intemperance. A gentleman, now
+distinguished among the wesleyans, was found by his neighbour ploughing
+by the road side on Sunday morning: both himself and his men had
+forgotten the day. Yet at the houses of all, a minister of religion, of
+any name, met a cheerful entertainment and a willing audience. Whether
+that the presence of an intelligent stranger is itself a grateful
+interruption to rural solitude, or that the miseries resulting from sin
+were too apparent for dispute, the utility of religion was never openly
+questioned; and it is certain, that few people were less inclined to
+reject the instructions, or to affront the ministers of religion.
+
+FOOTNOTES:
+
+[Footnote 121: _Collins_, vol. i. p. 498.]
+
+[Footnote 122: _Life of John Mason Good._]
+
+[Footnote 123: _Holt_, vol. ii. p. 97.]
+
+[Footnote 124: _Bigge's Report_, p. 104.]
+
+[Footnote 125: _Works_, vol. ii. p. 44.]
+
+[Footnote 126: _Reid's Voyages_, p. 312.]
+
+[Footnote 127: He is thus described by a companion, in the _Hermit in
+Van Diemen's Land_: "The good old gentleman at length warmed with the
+subject, and said in an under tone--'You must come and see Bob at the
+cottage. Yeoix, yeoix: tantivy, tantivy;' to which friendly invitation I
+immediately assented."]
+
+[Footnote 128: The following is a discourse delivered by Captain Nairn,
+and by its constant repetition was impressed upon the memory of the
+relator. Captain Nairn would stand and thus address the prisoners on a
+Sunday morning:--"Now, my men, listen to me. I want you all to get on. I
+was once a poor man like you; but I used to work perseveringly, and do
+things diligently and as such got taken notice of, until I became a
+captain of the 46th. Now, I want you to work perseveringly; do things
+diligently, and that will make you comfortable; and I will assist you,
+that you may have houses for yourselves, and rise up to be equal to me."
+It may be questioned if many sermons of greater pretensions, have not
+been less humane and effectual; and this was often the sole substitute
+for public worship.]
+
+[Footnote 129: These statements are taken from the official papers of
+the mission.]
+
+[Footnote 130: The Rev. Mr. Mansfield continued until 1825. Under his
+care the institutions peculiar to the wesleyans were fully established:
+their _love feasts_, in which they relate the rise and progress of their
+religious experience; their _watch nights_, when they wait in silent
+prayer for the first moment of the new year; their _covenant_, in which
+standing up together they pledge themselves to the service of the
+Almighty.]
+
+[Footnote 131: _Godwin's Guide to Van Diemen's Land._]
+
+[Footnote 132: _Bigge's Report._]
+
+[Footnote 133: Ibid.]
+
+[Footnote 134: _Gazette_, February, 1819.]
+
+[Footnote 135: Eye-witness.]
+
+[Footnote 136: Mr. Fitzgerald, a respectable settler, speared by the
+natives (1831), was carried to his grave by his neighbours; but was
+indebted to a prisoner, sought out for the purpose, for the religious
+rites usual at funerals.]
+
+
+
+
+SECTION IX.
+
+
+On the 19th July, 1823, the British legislature enacted a law for the
+"better administration of justice in New South Wales and Van Diemen's
+Land, and for the better government thereof;" to expire at the close of
+the session of parliament, 1827. The old courts with their military
+functionaries were superseded,[137] and a supreme court erected; whose
+jurisdiction extended to causes, criminal, civil, and ecclesiastical.
+The judges were entitled to the powers and jurisdiction enjoyed by the
+courts of King's Bench, Common Pleas, and Exchequer of England; and to
+enquire into and determine all treasons or other crimes committed within
+the Indian or Pacific Oceans. The military jury of seven officers on
+full pay, were retained; but the court proceeded according to the forms
+of civil tribunals. The trial of civil issues was confided to the judge,
+and two justices of the peace chosen by the governor; the right being
+given to either party to apply to the court for a jury of twelve
+freeholders. The king was authorised to extend trial by jury at
+pleasure. Causes of more than £500, or a less sum with consent of the
+judge, were subject to appeal to the governor of New South Wales; and
+appeals in certain cases were allowed to the king in council. The rules
+of court were authorised by the king. Courts of quarter session, and of
+request for sums under £10, were established. The governor, with the
+advice of a council of five or seven, or the major part of them, was
+empowered to enact ordinances not repugnant to the laws of England. The
+duties levied under former acts were made perpetual, but the council
+were inhibited from imposing a tax, except for local purposes. The
+governor, with one member assenting, could pass any law: or, for the
+suppression of a rebellion, although all might dissent: and the king was
+empowered to enact an ordinance which the council might reject.
+
+It was provided also, that the king might erect Van Diemen's Land into a
+separate colony: confer on the acting-governor, in the absence of the
+governor-in-chief, the various powers conveyed by the act; and, in that
+case, terminate the dependence of the supreme court on the court of New
+South Wales. On these extensive powers the checks provided were the
+requisite preliminary certificate of the chief justice, that the
+ordinances proposed were consistent with the laws of England, or the
+circumstances of the colony; the exposure of these acts on the table of
+the House of Commons; the obligation of the governor to show cause for
+the act passed in defiance of his council; the prohibition of direct
+taxation, except for local purposes: guarantees of little value at the
+time of their adoption, but rendered of greater importance by the growth
+of freedom in the empire at large.
+
+The act of parliament did not pass without animadversion and discontent.
+Sir James Mackintosh moved that a jury of twelve should be substituted
+for the clause constituting a military jury--the most obnoxious portion
+of the bill. In this he was seconded by Mr. Wilberforce, but the
+proposition was defeated by a majority of eleven. Mr. Canning
+recommended a compromise between the friends and opponents of the bill,
+by limiting its duration to five years, and to this the minister
+assented.
+
+The capacity of the colonies to furnish jurors was long a subject of
+debate, Mr. Justice Bent stated, that after full consideration he
+recommended a grand and a common jury, in conformity to the English law,
+and the trial of convicts by the police;[138] but Commissioner Bigge
+pronounced against the scheme, and was confirmed in his opinion by the
+leading colonists of the time. The whole state of society opposed
+serious objections to its adoption, and it was scarcely practicable in
+Van Diemen's Land.
+
+The settlers were generally desirous that Van Diemen's Land should be
+erected into a separate colony. To this, Sorell was opposed. He thought
+the measure premature: tending to augment the expenses of government; to
+deprive the people of the advantages of an appeal to the elder colony,
+and of participation in that more liberal system of government a larger
+community could demand. A public meeting was, however, summoned, and a
+petition adopted by acclamation. The sole dissentient present, Mr.
+Murray, was roughly treated by the petitioners.
+
+The nearer inspection of a chief authority, and the more ample means
+possessed for good, were its advantages; but it occasioned a more rigid
+separation in social life, multiplied offices which might have been long
+confined to the elder colony, and removed too far the governor and
+courts from effectual oversight and appeal. The colony was not
+sufficiently consolidated to oppose a force of public opinion to the
+despotic tendencies of the new constitution.
+
+This petition was forwarded to the king through Mr. Edward Barnard, the
+colonial agent, who owed his appointment to the suggestion of Mr. Bigge,
+and the nomination of Lord Bathurst. His office was not, however,
+political. He was authorised to purchase stores for the local
+government; to give drafts on the colonial funds in exchange for cash;
+and otherwise to assist persons designing to emigrate to this country.
+He received 8 per cent. commission, and a salary until 1839, when it was
+withdrawn. He bore no resemblance to those bold political agents, such
+as Franklin, sent by the American colonists to watch their interests in
+Great Britain.
+
+       *     *     *     *     *
+
+In the early journals the name of Sorell occurs frequently, to
+illustrate the qualities which adorn a ruler, and to point a satire on
+his successor. On his departure a banquet was given him, where, said the
+reporter, "the cup was often replenished, and the flow of reason never
+ebbed." It was observed, that the return freight for merino wool, which
+the colony owed to his care and foresight, anchored beside the
+_Guildford_, that was to carry him home.
+
+Towards the close of Sorell's government, the commerce of the colony was
+assisted by the enterprise of some British merchants. A company was
+formed at Leith, with a capital of £100,000, professing to promote the
+welfare of the colonies, by taking their produce in exchange for
+merchandise. A succession of vessels were dispatched: the first was the
+_Greenock_; among the rest, the _Triton_, Captain Crear. These vessels
+introduced many families from Scotland, whose moral worth and successful
+enterprise have established their families among the chief of the land.
+The shipments provoked the anger, and broke up the monopoly of the local
+merchants.
+
+The administration of Sorell was successful in colonial estimation: his
+habits were familiar without rudeness, and his fine countenance
+attracted the confidence of the stranger. He was accustomed to linger
+about the gate of government house, chatting with the passers by, and a
+slight excuse entitled the humblest ranks to prefer their solicitations.
+The admiration expressed by the settlers for his character, was partly
+the result of their relative positions. He was a dispenser of crown
+favors, and when compelled to refuse an immoderate suitor, he could
+refer his request to the governor-in-chief. The rigour of king's
+commissioner was softened by his official worth: nor is it necessary to
+search for a censure, amidst such concurrence of praise. The settlers,
+to express their regard, agreed to offer Sorell a testimonial of £750
+value. They deprecated his recall by petition[139]--a rare instance of
+popular favor: there was but one dissentient. A request so unusual
+might, perhaps, have been successful, had it not come too late.
+
+On his return to England, he received a pension, which commencing in
+1825, continued until his death--twenty-four years, and amounted to
+£11,500: more than the official salary he received during his government
+twice told. This pension was authorised by the crown, and charged on the
+colonial revenue. Sorell was colonel of the 48th regiment: he died on
+the 4th June, 1848, in the seventy-fourth year of his age.
+
+The aspect of the country at this time was not inviting to strangers;
+but the current of colonisation was set in, and its ultimate
+superiority, compared with all others, became an article of Tasmanian
+faith. On this subject the agricultural societies maintained a war of
+papers. Baron Field, the chief justice of New South Wales, was the
+champion of that country, and dwelt on its vast forests, its wool, its
+boundless pastures and rivers. The president of the Tasmanian
+agriculturists urged all in the defence of Van Diemen's Land, which
+became his position. At that time, protective laws had not furnished
+them with more formidable weapons.
+
+The trials and disappointments of the colonist pioneer, will have been
+long since forgotten. The modern emigrant to Australia can know them
+only in part. He is carried to his destination by a public conveyance,
+at a cost determined by extensive competition. He can have the
+mechanical labor he may need: he can buy the stock, descended from
+European flocks and herds, lower than in their native regions. The
+choice fruit trees, flowers, and plants, which multitudes have combined
+to collect, he can obtain often at a gift. The costly experiments of his
+predecessors have established the rules which preserve his crops from
+destruction, or his folds from disease. There is a market for his
+produce, and a bank for his money; and a school for his children.
+
+A poet, of some celebrity, predicted the fortunes of Tasmania. The
+picture he drew, is no unpleasing prospect for posterity:--
+
+"Now, on my soul the rising vision warms,
+ But mingled in a thousand lovely forms!
+ Methinks I see Australian landscapes still,
+ But softer beauty sits on every hill:
+ I see bright meadows, decked in livelier green,
+ The yellow corn-field, and the blossomed bean:
+ A hundred flocks o'er smiling pastures roam,
+ And hark! the music of the harvest home!
+ Methinks I hear the hammer's busy sound,
+ The cheerful hum of human voices round;
+ The laughter and the song that lightens toil,
+ Sung in the language of my native isle!
+ The vision leads me on by many a stream;
+ And spreading cities crowd upon my dream,
+ Where turrets darkly frown, and lofty spires
+ Point to the stars and sparkle in their fires!
+ Here Sydney gazes, from the mountain side,
+ Narcissus-like upon the glassy tide!
+ O'er rising towns Notasian commerce reigns,
+ And temples crowd Tasmania's lovely plains!
+ The prospect varies in an endless range;
+ Villas and lawns go by, in ceaseless change:
+ And wafted on the gale from many a dell,
+ Methinks I hear the village Sabbath bell!
+ Faith upward mounts, upon devotion's wings,
+ And, like the lark, at heaven's pure portal sings;
+ From myriad tongues the song of praise is poured,
+ And o'er them floats 'the spirit of the Lord!'"[140]
+
+FOOTNOTES:
+
+[Footnote 137: Mr. Samuel Bate, after exercising the functions of judge
+at Port Phillip (1803), returned home, and received the appointment,
+many years after, of inspector of excise, at Port Jackson.]
+
+[Footnote 138: _Par. Pap._ 1812.]
+
+[Footnote 139: The following may be considered almost unparalleled in
+the history of modern colonies, and in this has never been repeated. The
+government of Sorell was rather patriarchal than despotic; and compared
+with the mass of newly arrived emigrants he was the old inhabitant. Many
+who had never seen official men, but at an awful distance, were charmed
+with the affability and kindness of the governor, and his recall seemed
+the withdrawal of a liberal patron:--
+
+"AT A PUBLIC MEETING of the Landholders, Merchants, and Free Inhabitants
+of Van Diemen's Land, by public advertisement assembled, at the Court
+House, in Hobart Town, the 30th day of October, 1823, JOHN BEAMONT,
+Esq., Provost Marshal of Van Diemen's Land, in the chair;
+
+"Resolved--(Moved by Edward Abbott, Esq. junior, seconded by James
+Gordon, Esq.)--That in the present state of this colony, that union of
+wisdom and experience, which his Honor Lieutenant Governor Sorell has on
+every occasion so strikingly exhibited, is most essential to our general
+and individual interests. It becomes therefore of the very utmost
+importance to us, that in any contemplated changes, as to this colony,
+Lieutenant Governor Sorell may not be removed from his present
+government; inasmuch as no successor, whom it may be the pleasure of his
+Majesty to appoint, can be possibly expected to bestow all that general
+and individual attention to our wants and wishes, and to be able,
+satisfactorily and advantageously, to encounter any difficulties which
+may occur, without a considerable lapse of time, and much probable
+encreased inconvenience; while from the steady, calm, decided, and
+experienced judgment of his Honor Lieutenant Governor Sorell, we have
+every reason to hope for the most prosperous continuation of his present
+successful administration.
+
+"2nd. Resolved--(Moved by A. F. Kemp, Esq., seconded by F. Dawes,
+Esq.)--That a most dutiful Address be presented to his Majesty, grounded
+upon the preceding resolution; and that a committee of fifteen gentlemen
+be appointed to prepare the same, and to carry into effect the object of
+the present meeting, in such manner as shall appear most proper and
+expedient.
+
+"3rd. Resolved--(Moved by T. G. Gregson, Esq., seconded by W. A.
+Bethune, Esq.)--That the Address, when signed, be forwarded with the
+least possible delay to Edward Barnard, Esq., our colonial agent in
+London, requesting that gentleman to adopt the necessary measures for
+forthwith submitting it to his Majesty's most gracious consideration,
+and to use his utmost endeavours to obtain the object of the same.
+
+"4th. Resolved--(Moved by R. L. Murray, Esq., seconded by J. Gordon,
+Esq.)--That a subscription be forthwith entered into, to defray the
+expenses which may arise from carrying into effect the present
+resolutions, and for the purpose of presenting to his Honor Lieutenant
+Governor Sorell a Piece of Plate, in token of our affectionate
+remembrance of the great obligations we owe him, and that such
+subscription be limited to the sum of two dollars, individually.
+
+"5th. Resolved--(Moved by A. F. Kemp, Esq., seconded by J. Archer,
+Esq.)--That H. J. Emmett, Esq. and P. A. Mulgrave, Esq. be requested to
+undertake the offices of treasurers of the subscription, for the
+counties of Buckingham and Cornwall, respectively.
+
+"6th. Resolved--(Moved by T. G. Gregson, Esq., seconded by T. Anstey,
+Esq.)--That a copy of these Resolutions, and of the Address to his
+Majesty, be transmitted to his Honor Lieutenant Governor Sorell, in such
+manner as by the Committee shall be considered most respectful to the
+Lieutenant Governor, and suitable to the occasion.
+
+"7th. Resolved--(Moved by R. Espie, Esq., seconded by J. Gordon,
+Esq.)--That the following fifteen gentlemen do form the committee for
+the purposes before resolved:--
+
+E. Abbott, Esq. jun.
+T. Anstey, Esq.
+J. Archer, Esq.
+W. A. Bethune, Esq.
+F. Dawes, Esq.
+H. J. Emmett, Esq.
+J. Gordon, Esq.
+T. G. Gregson, Esq.
+S. Hood, Esq.
+A. W. H. Humphrey, Esq.
+A. F. Kemp, Esq.
+R. L. Murray, Esq.
+H. Ross, Esq.
+G. F. Read, Esq.
+J. Scott, Esq.
+
+"8th. Resolved--(Moved by J. Archer, Esq., seconded by T. Anstey,
+Esq.)--That these Resolutions, and a copy of the Address to his Majesty,
+be inserted three times in the _Hobart Town_ and _Sydney Gazettes_; and
+in the _Times_, _New Times_, _Morning Chronicle_, and _Courier_, London
+newspapers.
+
+"JOHN BEAMONT, _Provost Marshal, Chairman_.
+
+"The Provost Marshal having quitted the chair, and James Gordon, Esq.
+having been requested to take the same;
+
+"Resolved--(Moved by E. Abbott, Esq., junior, seconded by R. L. Murray,
+Esq.)--That the thanks of this meeting be given to John Beamont, Esq.,
+our worthy Provost Marshal, for the readiness with which he has convened
+the present meeting, and for his able, upright, and impartial conduct in
+the chair.
+
+"JAMES GORDON, _Chairman_."]
+
+[Footnote 140: _Australia; with other Poems._ By T. K. Hervey, London,
+1824.]
+
+
+
+
+HISTORY OF TASMANIA.
+
+FROM 1824 TO 1836.
+
+
+
+
+FROM 1824 TO 1836.
+
+
+
+
+SECTION I.
+
+
+George Arthur, Esq., fourth Lieutenant-governor of Van Diemen's Land,
+arrived in the _Adrian_, on the 12th May, 1824. Formerly superintendent
+of Honduras, he was extensively known as an officer of inflexible and
+energetic disposition: his administration had occasioned considerable
+debate, and was the subject of parliamentary and judicial enquiries.
+Honduras, an establishment on the American coast, was occupied by
+adventurers from Jamaica. At first interlopers, their presence was for a
+time unnoticed by the Spanish crown. A hundred years were passed in
+unavailing protests and opposition, when the court of Spain reluctantly
+recognised the location of the cutters of logwood within its undoubted
+territory.
+
+In 1814, Arthur was appointed superintendent by the Duke of Manchester;
+at the same time he received from General Fuller the government of the
+troops in the following words: "I do hereby constitute and appoint you,
+the said George Arthur, to command such of his Majesty's subjects as are
+now armed, or may hereafter arm for the defence of the settlers at the
+Bay of Honduras; you are, therefore, as commandant, to take upon you the
+care and charge accordingly." In virtue of these appointments he claimed
+both the military and civil command, until he quitted the settlement in
+1822.
+
+In 1820, Bradley, an officer stationed at Honduras, was promoted to the
+rank of lieutenant-colonel on full pay, and knowing that the regiment of
+which Arthur was colonel (the York Chasseurs) was disbanded, he
+considered himself entitled to the military command, by the seniority of
+rank, according to the rules of military service: he refused to
+acknowledge longer the authority of Arthur, or to attend a council of
+officers to which he was summoned. Arthur instantly caused Bradley to be
+arrested, and his sword taken from him; and he was detained a prisoner
+for seventy-three days.
+
+An account of this transaction was transmitted to Jamaica, when General
+Fuller, the superior officer, ordered the colonel's liberation; but
+forwarded to the authorities in Great Britain a statement of the
+dispute. The conduct of Colonel Bradley was deemed inconsistent with
+military subordination: he was dismissed from the service without trial;
+he was, however, allowed to dispose of his commission.
+
+Colonel Bradley instituted an action against Arthur for false
+imprisonment: his counsel was the present Lord Brougham: Arthur was
+defended by the law officers of the crown. There were two questions to
+decide: whether the arrest was legal, and then whether unnecessary
+hardship had been endured by the plaintiff. The jury, considering that
+Bradley's detention was unnecessarily prolonged, gave him damages to the
+amount of £100. The appointment of Arthur to the government of this
+country withdrew him from the effect of a legal process, and when
+Bradley appealed against what he deemed the injustice of his evasion, he
+was told that he could await his recall. Colonel Bradley next published
+a statement, that General Fuller had antedated Arthur's commission as
+commandant, thus to justify the measures he had taken: a charge
+amounting to forgery. A criminal information was filed against Bradley:
+he was found guilty, but was not brought up for judgment.
+
+It was decided by the judges that Bradley was mistaken, and that
+Arthur's title to command was regular and valid. Bradley, however,
+continued to maintain that he was the victim of a deep conspiracy, by
+which Arthur was rescued from the consequences of usurpation. It is
+certain that Bradley was ruined.
+
+The judges, in pronouncing a decision on Bradley's appeal against the
+verdict of justification which Arthur obtained, in reference to the
+arrest, set aside the rules and regulations of the service. Their
+judgment was built merely upon the absolute discretion of the crown in
+the distribution of military command: they inferred that the approval of
+Arthur's proceedings and the dismissal of Bradley, were sufficient
+evidence of the royal will.[141]
+
+This was not the only charge exhibited against Arthur. In Honduras,
+slavery existed in its foulest forms.[142]
+
+Colonel Arthur obtained the countenance of an important class of
+politicians, by the compassion he expressed for the negro race, and his
+exposure of the connivance of magistrates at the cruelty of masters. He
+minutely described the sufferings of several women of color in his
+despatches to the secretary of state; and especially denounced that
+atrocious bench, which admitted a plea of ownership in justification of
+the crime of maiming. The details given by Arthur fully justify his
+interference, and the enmity of a people by whom they were tolerated
+inflicted no disgrace. Thus a mistress, whose careless severity injured
+the eye and severed the ear of a negro woman, pleaded the rights of
+property, and the magistrate admitted the defence, although the
+character of the sufferer was unimpeached. In flogging, the owners often
+stripped off the lower clothing of the female slaves, threw them on the
+ground, and fastened their limbs to stakes.[143]
+
+Wilberforce and Stephen, the great advocates of slave liberation, who
+possessed influence with the executive, considered Arthur a valuable
+coadjutor in their glorious cause, and were supposed to pardon the
+arbitrary spirit of his government for the sake of his philanthropy.
+This evangelical alliance was a standing subject of reference and
+criticism.
+
+It may be proper to notice the moral state of this colony on Arthur's
+assumption of office. The meeting which adopted a farewell address to
+Sorell, authorised a similar compliment to Arthur on his accession. It
+was couched in the language of cold respect: parting reluctantly with
+their late governor, the people were less disposed to welcome his
+successor. The reply of Arthur was not less formal and cold: he took
+occasion to express his conviction that the moral example of the free
+population was essential to the improvement of a class less favored; and
+that while employing his authority for the general welfare, he was
+resolved to maintain the rights of the crown. Such sentiments and
+purposes were just; but scarcely likely at that moment to be heard with
+pleasure. The good sense of Sorell discountenanced the excesses of vice,
+but the moral standard of England he had not attempted to raise. The
+domestic circumstances of Arthur were more favorable to his authority as
+a censor; and happily for our ultimate welfare, he resolved to
+discourage violations of social decorum. Many settlers, whose rank in
+life made them unwilling to contract lawful marriages with prisoners or
+their offspring, were surrounded by a numerous race. Their example
+affected those in stations beneath them. To arrest this domestic evil,
+was doubtless the duty of Arthur; but it was not always performed with
+consideration. Many were unable to marry; but were unwilling to abandon
+connexions sanctioned by the circumstances of the colony and the habits
+around. They were placed under a ban: the favours of government were
+denied them. Such as were in subordinate offices were dismissed; and
+however lasting the utility of this rigour, its immediate consequence
+was irritation, resistance, and contempt.
+
+The state of the prisoner population, though considerably ameliorated by
+Sorell, was far from satisfactory. Left much at their own disposal from
+the hours of labor till their return, they were masters of that portion
+of their time most suitable for dissipation and crime. The extent of
+their depredations, and the deliberation with which they were performed,
+indicated an extensive confederacy. The subordinate police, prone to
+connive with offenders, was ill-regulated and insufficient. Goods were
+carried off in masses: bags of sugar and chests of tea were abstracted
+from the stores; cart loads of property were swept off at once. The
+habits of the populace were daring, profane, and intemperate; and to
+coerce such materials into order, required the utmost vigour and
+discretion.[144]
+
+The chief justice, John Lewes Pedder, Esq., brought from Great Britain
+the charter of the supreme court, which was proclaimed in the
+market-place on the 7th May, 1824. On the 24th of the same month, the
+court opened for business, and Joseph Tice Gellibrand presented his
+commission as attorney-general. In his opening speech he declared his
+resolution to adopt the maxims of the illustrious Hale. He eulogised the
+jurisprudence of his country, and especially trial by jury; but the
+military uniform which appeared in court, if it did not lesson its
+utility, deprived the institution of its grace.
+
+The first person tried was named Tibbs, for killing a negro, who while
+watching for thieves was himself taken for a robber. Though not a
+constable, he found pleasure in detecting the crimes of others, and had
+in some instances succeeded. He fell a victim to this singular passion:
+he was haunting the premises of a settler, by whose servant he was
+slain.
+
+The first prosecution for libel was at the instance of Mr. R. L. Murray.
+This gentleman, formerly a captain in the army, had been transported for
+bigamy. At an early age, while stationed in Ireland, he became
+acquainted with a presbyterian lady, and was married to her according to
+the rites of her faith. Considering himself trepanned, he came to the
+conclusion that the ceremony was void, and subsequently espoused
+another. Twenty years after, he was prosecuted; but not at the instance
+of the parties more immediately concerned. In an appeal to the British
+nation, published at the time, he ascribed the charge to malice; and he
+made several unsuccessful efforts to obtain the reversal of the
+sentence. In the opinion of eminent counsel, the ceremony was invalid;
+and many years after, the judges decided that the marriage of a
+presbyterian and an episcopalian in Ireland, could only be celebrated by
+a clergyman of the establishment. Sir Samuel Romilly and Mr. Whitbread
+called the attention of the Commons to the extreme severity of the
+sentence, and were resisted by the ministers with party warmth.[145]
+
+Murray was educated at Westminster and Cambridge; and had spent twenty
+years in the service when his commission, as captain in the Royal Waggon
+Train, was declared forfeited. After residing some time in New South
+Wales, he settled in this island: his extensive experience and literary
+talents procured his admission to the limited society. Having adopted
+the opinion that an independent colonial government would not add to the
+freedom or prosperity of the colony, he opposed the petition. The
+committee for its promotion set up a placard, which referred to the
+history of the dissentient, and exposed themselves to a criminal
+prosecution.
+
+The establishment of a court seemed to be the signal for an outbreak of
+disorder and violence. Many prisoners escaped from confinement, and for
+a long period a succession of depredators alarmed and pillaged the
+colony. The settlers promptly tendered their assistance to the
+government, to garrison the towns or scour the bush. Their assistance
+was chiefly valuable for the moral support it afforded, and its
+influence on the minds of the labourer in bondage. The exploits of the
+bushrangers properly belong to the history of transportation, and are
+related in Vol. ii. p. 194. The terrors they spread retarded the
+occupation of the country, and joined with the assaults of the natives
+made the life of a Tasmanian farmer one of considerable danger. At this
+time the remote estates were guarded by soldiers: loop-holes pierced the
+walls; fierce dogs were stationed as sentinels; and the whole strength
+of a district was sometimes employed in pursuit. Few settlers have
+escaped assault and loss. Many families, who in Great Britain thought of
+an armed robber only with feelings of terror, by long familiarity with
+scenes of danger, acquired a cool courage, which would not dishonor a
+soldier by profession. The unsparing sacrifice of the robbers captured,
+gradually terminated the practice of bushranging, and the colony enjoyed
+a long season of comparative repose.
+
+The duties, levied first by the authority of the governor-in-chief, and
+afterwards sanctioned by parliament, were collected by the Naval
+officer, who received 5 per cent. on the amount: he also performed the
+duties of treasurer. Dr. Bromley, the surgeon of the first fleet,
+subsequently made seven voyages to the colonies, when he obtained the
+appointment. The infrequent examination of the accounts, exposed the
+treasury to undetected pilfering, and the colony to loss: in 1824, a
+large defalcation was discovered, which, ascertained by a jury of
+merchants, amounted to £8,269. They recommended the defaulter to the
+lenient consideration of the government, as the victim of others. Dr.
+Bromley had been subject to the daily peculation of servants, and robbed
+of cash and plate, to the value of £500, at once. His integrity was not
+impeached: the public business, however, had been conducted without
+check. The per centage was abolished, and the offices of treasurer and
+collector separated, and confided to Mr. Jocelyn Thomas and Mr.
+Hamilton.
+
+The admission of goods liable to customs had been lax. The new settler
+landed his rum duty free, when intended for his own use; but smuggling
+was carried on to a large extent, and the protection of the revenue
+required a more severe supervision. The rigour was not always exercised
+with courtesy; and the vallise of Mr. Edward Lord, formerly
+acting-governor, was detained by the naval officer, with some
+expressions of indignity.
+
+The merchants were deeply offended by the imposition of a duty at Hobart
+Town, higher than was fixed by Brisbane at Port Jackson, as injurious to
+their trade; and that duties levied prior to landing, were sometimes
+imposed on wines never actually delivered. They requested that the
+charges might be equalised with the other port, and that the excess
+already taken should be restored. In reply, Arthur not only refused to
+entertain the petition, but vindicated with great ardour the conduct of
+Hamilton, as a traduced and excellent public officer. Such was the
+answer to the merchants who complained of excessive and unequal imposts.
+Dissatisfied with the reply, they required the sheriff to call a public
+meeting, to address the governor-in-chief, the colony being still a
+dependency. This the sheriff, Mr. Dudley Fereday, declined, complaining
+that his honor Colonel Arthur was not mentioned in the requisition, and
+the object of the meeting not sufficiently defined. A meeting was
+therefore called to reprobate the ignorance and presumption of the
+sheriff; but the dispute ended without any other practical consequences
+than a wide impression that the government was despotic and
+contemptuous.
+
+A more important variation between the colonies was displayed on the
+question of trial by jury. The magistrates of New South Wales were
+required to shew cause for the non-issue of a precept to the sheriff, to
+summon a jury. The rule _nisi_ was made absolute. Chief Justice Forbes
+decided that the magistrates derived their commission from the king, and
+not the parliament; that their functions and obligations were settled by
+common law; were not mentioned, and therefore not taken away by the act.
+The petty session thus traced its existence to the royal commission: the
+supreme court to the parliamentary law.
+
+When the report of the determination by Judge Forbes reached this
+colony, Mr., now Sir Alfred Stephen, brought the question before the
+court in a similar manner. He argued that it was the duty of the court
+to construe the act of parliament in a form the most favorable to the
+subject. On the other side it was maintained, that the colony was too
+small to furnish civil juries, and the parliament had superseded them.
+The act itself which instituted the military jury for the supreme court,
+and gave civil juries in civil cases, left the extension of the
+practice to the royal discretion alone.
+
+Judge Pedder, in giving judgment, stated that according to the practice
+previously in the colonies no civil juries had been known, and the act
+of parliament which conferred trial by jury did not give a common one,
+but retained the military jury. On the whole he was of opinion that
+parliament had overruled common law, and taken away trial by jury,
+except as provided by the act, or extended by the king.
+
+Thus, while Judge Pedder ruled that the petty juries were illegal, at
+New South Wales they were sitting under the sanction of the then
+superior authority. That the decision of our supreme court was a more
+correct interpretation of the intentions of parliament, is scarcely to
+be doubted; but the words of the act did not necessarily extinguish a
+common law right, and the intention of legislators is not law. The
+decision of Forbes was more agreeable to Englishmen, though scarcely
+compatible with the condition of the country.
+
+The treatment of Mr. Gellibrand, the attorney-general, who was dismissed
+from his office by Arthur, for unprofessional conduct, excited great
+interest in the legal circles of Great Britain. The disagreement sprang
+chiefly from a trial, Laurie _v._ Griffiths, characteristic of the
+times. The plaintiff sued for damages for the illegal capture of a
+vessel of 12 tons, of which he was the owner and master. The vessel,
+called the _Fame_, was found by the brig _Glory_ in Twofold Bay.
+Griffiths, the owner of the _Glory_, invited Laurie on board, and made
+him prisoner. He then boarded the _Fame_, deprived her of charts and
+compass, and amidst the shouts of his seamen fastened her to the tail of
+the _Glory_. In this condition she was carried triumphantly towards
+Launceston; but a storm arising, the _Glory_ encumbered by the _Fame_,
+cast her adrift, when she was exposed to great danger. The prize-master
+ran her on shore, and the party wrecked, after fourteen days journey
+through the woods, reached George Town. The justification pleaded was
+that the plaintiff had conveyed prisoners from Port Jackson, and was
+liable to forfeiture; that he had embarked in an unlawful voyage, and
+intended to visit Launceston to circulate forged paper. No proof of
+these assertions was offered, and the jury granted £460 damages; a
+verdict which the government found no occasion to disturb.
+
+Mr. Gellibrand, upon the close of the action, was called to account for
+mal-practice. Mr. Dawes, an attorney, presented a statement to the
+governor, which was forwarded to Judge Pedder, who returned it as not
+within his province. Mr. Alfred Stephen, therefore, brought the
+complaint formally before the court, and moved that Gellibrand should be
+struck off the rolls. The main question was this: whether a barrister
+holding a general retainer could, without license, advise the opposite
+party, or whether he could draw pleas for both. It was maintained by Mr.
+Stephen, that the practice was dishonorable and dangerous: in the early
+stages of a cause facts might become known to a barrister, which would
+make him a formidable antagonist to his former client. He asserted that
+whether the practice were common in England or not, it was detestable;
+and if allowed, would compel him to relinquish the profession, "or seek
+an honorable pittance elsewhere."
+
+In the case of Laurie _v._ Griffiths, Mr. Gellibrand had drawn the pleas
+for the plaintiff, and afterwards acted officially against him; he,
+however, transferred the fee he received to Mr. Stephen, when he was
+compelled to relinquish the cause. The profession, almost unanimously,
+asserted that the custom of the English bar warranted the practice of
+Gellibrand. The judge stated that he was not concluded by the custom of
+the English bar, and that the court might treat as a contempt a practice
+tolerated at Westminster: he considered the custom pernicious, but
+dismissed the case, and left the governor to act for himself.
+
+The appeal of Mr. Gellibrand to the profession perfectly vindicated his
+conduct. It was found that the first counsel in England often acted
+against a retaining client, and sometimes drew pleas on both sides.
+Thus, in a question of a right of way, the same counsel drew the
+declaration, the plea, and the replication. However objectionable at
+first sight, where legal technicalities are so fatal to even a right
+cause, it would be no small hardship were an opulent person permitted to
+engross the legal talents of an island, and exclude his antagonist from
+the possibility of obtaining justice. The excitement occasioned by this
+dispute was of long continuance, and motives were freely imputed.
+
+Although the chief justice dismissed the motion of Mr. Stephen, the
+governor determined to press the charge, and appointed a commission of
+enquiry. Additional matter was urged: it was said that Gellibrand
+advised a client to enter an action against a magistrate, whom his
+office might oblige him to defend, and that his intimacy with Mr.
+Murray did not become his relations with the government. Mr. Sergeant,
+now Judge, Talfourd regretted that by quitting the commissioners
+appointed by the governor, he had damaged his case. The crown had a
+right to dismiss; but he was clearly of opinion that the proceeding of
+the local officers was the effect of either "malice or mistake." The
+charges of professional malversation he pronounced too absurd for
+notice; that the practice was not only allowable but often imperative.
+
+Mr. Stephen, on his passage to this colony was involved in a quarrel,
+which ended in an assault. On his action he obtained £50 damages. His
+bill of costs, twice that amount, was published, to contrast with the
+professional scruples which inspired his opposition to Gellibrand. This
+bill consisted of one hundred and twelve items, among which the
+following: "to instructions for replication," "for brief," "retaining
+fee." Many other such payments of self to self, passed the taxing of the
+master. After paying actual expenses, Mr. Stephen, however, handed the
+surplus to a chanty.
+
+The master of the supreme court arrived in October, 1824. This gentleman
+was the brother of the late William Hone, a party writer of great
+celebrity, whose opinions in early life were extreme, both in reference
+to politics and religion. For publishing parodies, which employed the
+language of the _Common Prayer_ as a vehicle of political complaint, he
+was tried by Lord Ellenborough. His fame was greatly increased by the
+pertinacity and skill of a successful defence. He afterwards wrote the
+_Day Book_, a work of ability and research; and in the last years of his
+life he embraced the faith, and died with the reputation of an ardent
+christian. Joseph Hone, Esq. succeeded Mr. Gellibrand. The uniform
+gentleness of his character has been respected by the press: he is
+mentioned only to be praised.
+
+The arrival of General Darling was a time of festivity: he proclaimed
+the independence of the colony on New South Wales, December 3, 1825.
+While present, he was entitled to govern; but when he set sail, Arthur,
+who had been addressed as "Your Honor," assumed the authority of
+governor-in-chief, and, responsible only to the home-office, became "His
+Excellency." The colonists were less delighted with the possession than
+the prospect of a chief governor; although the spirit of General Darling
+was not more favorable to the enlargement of their liberties.
+
+The legislative and executive councils were appointed, consisting of
+officers of the government: among them, it is said, a relative of
+Spencer Perceval, the statesman. He had been nominated to an office in
+this colony, but he never arrived; his name is, however, second on our
+first list of legislators.
+
+The division of the island into police districts, subject to a
+stipendiary magistrate (1827), brought the prisoner population under the
+more direct control of the government. It was a great improvement in the
+internal discipline of the colony. Gentlemen, themselves masters, were
+liable to the bias of a position full of vexation and disappointment,
+and less favorable to a cool and impartial administration of justice.
+The executive revised their sentences, and thus reflected on their
+judgment. Nor were they willing always to spare the time required by a
+patient investigation, or to distinguish between a frivolous and a
+proper defence. Some curious examples of magisterial equity are often
+told: one rose from the bench, when he heard his waggon in the street,
+and delivered his sentence in his progress towards the door--"I can't
+stop: give him fifty." A cattle stealer owed his life to the same
+impatience of enquiry: before the charge was half investigated, the
+magistrate said, "give him fifty"--an easy compromise with the hangman.
+A reverend gentleman met a party of men brought up for disobedience: he
+sent them back, with "ah, well, give them five-and-twenty all round." It
+was common to send a note with the man whom it was intended to punish:
+he was flogged, and sent back. A man, suspecting the contents of such a
+missive, gave it to his fellow-servant, who was flogged in spite of his
+protests. Another, who had been on a similar errand before, returned
+next day to his master, complaining bitterly of his suffering; but he
+had destroyed the note and eluded the triangles. Such eccentricities of
+justice could not last beyond the rudest era.
+
+The site of the capital narrowly escaped a second change. The
+commissioner, Mr. Bigge, considered that the seat of government should
+be fixed nearer to the source of the river Derwent. Brighton was
+nominated the destined city, close to an extensive and fertile country,
+and within easy access to the interior. Arthur was instructed to
+determine this question. Its chief inducement was the removal of the
+prisoners from the temptation of the port; but property was already
+invested to a large amount. The merchants strongly opposed the transfer.
+The division of the government from the chief population would have
+destroyed its moral influence. Arthur did not press the project, and
+during a conference with the merchants and other principal inhabitants,
+discussed the question with courtesy. On the whole, the measure was
+impolitic, and finally abandoned.
+
+The uncertainty for some time obstructed the progress of the place.
+Launceston was still more unfortunate. When York Town was abandoned as
+the chief settlement, Paterson removed his head-quarters to Launceston;
+but on the visit of Macquarie he determined to constitute George Town
+the northern capital. The superior convenience of a spot at the head of
+the river to one forty miles distant, gave Launceston the mercantile
+preference. Macquarie maintained his project to the last; but the
+opinion of Mr. Bigge determined the dispute in favor of Launceston, and
+the head-quarters, in 1824, were removed finally from George Town.
+
+A fatality has seemed to attend the selection of chief townships in the
+colonies. Sydney is a second choice, Hobart Town a second, Launceston a
+third, Melbourne a second. New Zealand has experienced the same vexation
+and losses which proper surveys might easily avoid. The general
+government can have no sinister interest in these changes, but those who
+foresee and promote them may largely gain.
+
+The principal objection to Launceston was the navigation of the river,
+which was dreaded by vessels of tonnage; but its reputation was worse
+than its dangers. Lighters, and even rafts, were employed to discharge
+ships which would now approach the wharves. The _Aguilar_, Captain
+Watson, spent several months at George Town, and charged the detention
+on the river. This was resented by Arthur, who stated that the master
+had dispatched the mate and seamen on a sealing voyage, and loitered for
+the purpose of traffic; and sought to excuse the delay by defaming the
+port.[146]
+
+FOOTNOTES:
+
+[Footnote 141: _Barnwell and Cresswell's Reports._]
+
+[Footnote 142: An obscure publication appeared at Jamaica in 1824,
+designated a _Defence of the Settlers of Honduras_: a work intended to
+refute the imputations on which his anti-slavery policy had been
+justified. Whether the book itself really existed, or the passages
+professedly extracted from it deserve any credit, is questionable: the
+authority being an opposition paper.]
+
+[Footnote 143: Colonel Arthur's letter to Lord Bathurst, 1820.]
+
+[Footnote 144: The disorders of this period will be found described in
+vol. ii, of this History.]
+
+[Footnote 145: _Appeal to the British Nation._ By R. L. Murray, Esq.:
+London, 2nd edit.]
+
+
+
+
+SECTION II.
+
+
+The newspapers of this hemisphere were long mere vehicles of government
+intelligence, or expressions of the views and feelings of the ruling
+powers. A censorship established from the first issue, was rigorously
+exercised, and the founder of the Australian press spoke of its
+vexations to the end of his life, with horror and tears.
+
+This was George Howe, a Creole of St. Christopher. He arrived in New
+South Wales in 1800: with the sanction of Governor King, he obtained
+material from Great Britain, and sent forth the first-born of the
+Australian press, named the _Sydney Gazette, and New South Wales
+Advertiser_, on the 5th March, 1803. The conduct of a periodical was a
+work of toil and anxiety: the default of material, the paucity of local
+intelligence, the vices of the prisoner workmen, and the jealousy of the
+authorities, severely tried the industry and patience of the intrepid
+printer. He continued his toil until his death, having kindled the
+unextinguishable torch of a free press, and taken his rank with the
+benefactors of mankind.
+
+Sir Thomas Brisbane at first relaxed, and then removed restrictions from
+the press. In 1823, he permitted the discussion of colonial affairs, and
+in the month of October, 1824, the colonial secretary informed Mr. Howe
+that he ceased to be amenable, except to the courts of law.
+
+Malice or humour, in the early days, expressed itself in what were
+called _pipes_--a ditty, either taught by repetition or circulated on
+scraps of paper: the offences of official men were thus hitched into
+rhyme. These _pipes_ were a substitute for the newspaper, and the fear
+of satire checked the haughtiness of power.
+
+The _Hobart Town Gazette_,[147] established by Andrew Bent, the first
+permanent newspaper, was under the immediate patronage and control of
+the government, and Mr. Emmett was the first official editor. The
+articles were brief, mild, and complimentary: they represented the views
+of the ruler; perhaps, at that time, also of the people.
+
+On the arrival of Colonel Arthur, Mr. Bent determined to throw off
+official supervision, and claimed a property in the title of the
+_Gazette_. The partnership between him and the government was not very
+distinct. Money had been lent for the purchase of material, but this he
+was expected to repay. His right to the property, questioned by Arthur,
+was allowed on reference to the governor-in-chief. The editor of Mr.
+Bent's choice was Evan Henry Thomas, Esq. In June, 1824, appeared the
+first article of the press thus set free; and, as the first, is worthy
+lasting remembrance. "We esteem ourselves," observed the writer, "a
+BEACON, placed by divine graciousness on the awfully perilous coast of
+human frailty." "We view ourselves as a SENTINEL, bound by allegiance to
+our country, our sovereign, and our God. We contemplate ourselves as the
+WINNOWERS for the public." He then proceeds--"We desire to encourage the
+cloudless flames of rectified communion," rejecting "each effusion,
+however splendid, of degenerate curiosity and perverted genius--of
+misanthrophic ascerbity and calumnious retrospection." Such were the
+vows and resolutions of the father of journalists. He added, "the duties
+of our typo-graphic province are performed by the proprietor and one
+assistant." Having offered his columns for discussion, a writer of
+considerable colonial fame, R. L. Murray, appeared under the signature
+of "A COLONIST." His letters addressed to Arthur, reviewed his
+government contrasted with that of his predecessor: they were said to
+approach the style of Junius; read in modern times, they may have lost
+much of their spirit. They were, however, offensive to Arthur, and he
+resolved to start another _Gazette_, which should put down opposition.
+
+As the quarrel warmed, Bent grew more daring, and the first _ex-officio_
+prosecution was instituted against him. Rather by implication than
+directly, the lieutenant-governor was charged with attempting to deprive
+Bent of his property; the fraud being defeated only by the superior
+justice of Governor Brisbane. In another paragraph the writer stated the
+_extra martial incarceration_ of Colonel Bradley, taught the colonists
+what might be expected from Arthur's anger. In one of these libels, Bent
+declared that he would not surrender his rights to a "Gibeonite of
+tyranny." The attorney-general ingeniously explained, that though Gibeon
+was a good man, that did not qualify the inuendo. Fox was a friend of
+freedom, but such was not the Foxite of tyranny. In truth, the whole
+discussion is painful to a friend of liberty and justice. It is
+difficult to imagine a less dangerous opposition than such compositions,
+or to account for their prosecution, except as an outbreak of offended
+pride.
+
+In 1825, George Terry Howe had established the _Tasmanian_ at
+Launceston; but the offers of the government drew him to head-quarters,
+and, in concert with Dr. Ross, he became the printer of the _Government
+Gazette_. In this official publication there were articles of news and
+politics; but in 1827, the _Courier_ being established, the _Gazette_
+issued as a separate publication. Mr. Bent complained bitterly of the
+piracy of his title: he, however, soon yielded, and changed the
+designation of his paper to the _Colonial Times_, August, 1825. The
+_Tasmanian_, of Hobart Town, soon followed, and discussed the various
+political questions with moderation and ability.
+
+Arthur resolved to put down the liberty of the press. It had, indeed,
+been asserted that this measure was dictated by Lord Bathurst; but the
+manner in which it was defended by Arthur, identifies his memory with
+the scheme. An act was passed, at the close of 1827, which laid the
+colonial press at his feet. This ordinance appointed a license, subject
+to the will of the governor, and made the continuance of a paper
+dependent on his pleasure: authorised a tax of threepence each, and took
+securities for penalties. Bent was refused a license, and even his right
+to publish an advertising sheet was disputed. He therefore published
+monthly, from the 1st March, 1828, the _Colonial Advocate_; a work of
+considerable merit, and containing much valuable information. It was,
+however, 5s. a number, and not adapted to colonial circulation. The
+_Austral-asiatic Review_, by Murray, also made its appearance in
+February, 1828; and although the publishers of these productions were
+injured by the law, the governor was not the gainer.
+
+It was not to be expected that the colony would quietly submit. An
+address, signed by Meredith and several other magistrates, animadverted
+on the measure with just severity. They declared that the restrictions
+imposed were needless, unconstitutional, and debasing: that they were an
+insult to the colony; contrary to the implied engagements of the crown,
+when emigration was invited. The reply of Arthur asserted, that so long
+as this was a place for the reception of convicts, the press could not
+be free: that it was dangerous to authority, and calculated to destroy
+the security of domestic life. Some opinions expressed by the
+remonstrants, he pronounced presumptuous and unjust. In the controversy,
+the people were successful, as they were nearly unanimous. The law was
+disallowed by Sir G. Murray, and the press set free. However offensive
+the remarks of these writers, to describe their suppression as a measure
+of police, was both disingenuous and absurd.
+
+Alarmed by the threats of prosecution, the author of the "Gibeonite
+libel" presented an apology in the following supplicating terms:--"We
+avow our readiness to preserve inviolate the best and most endeared
+interests of this community; and we trust that, before misanthropy again
+can rally his vituperative legions to assault us, we may re-evince to
+_all_ how staunch is our allegiance, and how sullyless our zeal at the
+post of probity!" The unfortunate printer could not soften his
+prosecutor, and was cast in damages and expenses amounting to £500.
+
+In 1829, Launceston was favored with two newspapers: the _Advertiser_,
+and the _Cornwall Press_. Both started together, and both manifesting
+the spirit of rivals. The _Advertiser_ was the property of Mr. John
+Fawkner. Its opponent belonged to Mr. S. Dowsett, and reached the
+nineteenth number. The following are memorials of their fraternal
+sympathies. The _Cornwall Press_ describes his rival as "an addle-pated
+upstart--a superannuated Zany." His writings "as the frothings of a beer
+cask." "Condescending to notice 5 feet 2-1/4," he remarks, "we dropped
+from our proper elevation." What that might be, it is not difficult to
+conjecture, if the rejoinder is to be credited:--"if he had his right
+place, he would be wearing a leather apron and scouring pewter pots."
+Such were the literary love tokens of those days. It will be seen, that
+the quarrel of Arthur with the press, was continued to the end of his
+administration.
+
+FOOTNOTES:
+
+[Footnote 146: _Gazette_, November, 1824.]
+
+[Footnote 147: "We are indebted to the Italians for the idea of
+newspaper. The title of their _gazettas_ was, perhaps, derived from
+_gazzera_, a magpie or chatterer; or, more probably, from a farthing
+coin peculiar to the city of Venice, called _gazetta_, which was the
+common price of newspapers."--_D'Israeli's Curiosities of Literature_,
+p. 53.]
+
+
+
+
+SECTION III.
+
+
+Captain Dixon, commander of the _Skelton_, came to Van Diemen's Land in
+1820. On his return to England, he published a small volume on the
+capabilities of the country. He suggested the formation of a pastoral
+company, with a capital divided into £100 shares, as a profitable
+scheme. Causes foreign to this enquiry reduced the marketable value of
+money, and awakened a speculative spirit in Great Britain: projects of
+every kind found favour--a madness fraught with insolvency, fraud, and
+ruin. But in the meantime the Van Diemen's Land Company had been formed.
+Men of opulence and prudence, when compared with common projectors, were
+concerned in its origin. They proceeded with caution, and postponed the
+issue of their share list until their plans were laid. Nor did they
+promise a dividend, but as the result of a considerable outlay, and at a
+distant date. Yet they drew a brilliant picture of this colony, and
+delineated in vivid language the riches of its soil, its relative
+position, and its future destinies. "Such advantages," said they, "could
+not long escape the penetration of the British public." It was, among
+their objects, to relieve Great Britain from dependence on foreign wool;
+to improve the quality of the Australian flocks: this object they have
+contributed to accomplish.
+
+They applied to Lord Bathurst for 500,000 acres of land. By his
+countenance they obtained an act of parliament, under which the charter
+of their incorporation, on the 9th November, 1825, passed the great
+seal. By this charter they were authorised to employ their capital in
+cultivation and sheep farming; to lend money on mortgage and to persons
+engaged in fisheries; to undertake public works on security of tolls:
+but they were debarred from banking and commerce.
+
+Lord Bathurst consulted Colonel Sorell: he was favorable to the company;
+but forwarned them that no large blocks of fertile land remained
+unlocated. The company received a grant of 250,000 acres, to be taken on
+the north-west coast in one square block; bounded by Bass's Strait on
+the north; on the westward by the ocean; and by a line drawn from shore
+to shore. After some debate, this land was valued to the company at two
+shillings and sixpence per acre, and the whole quit-rent charged, was
+"four hundred and sixty-eight pounds, sixteen shillings:" redeemable at
+twenty years purchase--£9,575. In the measurement, one-fourth allowed
+for useless land. The employment of convicts entitled the company to
+remission of quit-rent; £16 annually each man.
+
+Mr. Edward Curr, at first the secretary of the company, became their
+agent. Having some time resided in Van Diemen's Land, he had returned to
+England, where he published a book on the state of the country,
+remarkable for its clear narrative and sober delineation. The first ship
+dispatched by the company was the _Tramnere_ (1826), followed by the
+_Caroline_. Some time was lost in selecting the settlement, and Circular
+Head was chosen. On a closer inspection, the district was not found
+encouraging. Near the shore the country is heavily timbered, and the
+high lands towards the westward were found barren and cold. Mr. Curr
+was anxious to bring his line as far possible towards the sun; but the
+governor held him to the literal agreement, under an impression that the
+grant was already improvident and excessive. The whole scheme was
+distasteful to Arthur: a powerful company having interests of its own,
+whose head-quarters were in London, might have been a counterpoise to
+his influence, had it not been pushed to the extremity of an
+inaccessible country. By the oversight or complaisance of Lord Bathurst,
+the rule which made the outlay of capital the condition of a grant, was
+not inserted in the covenant. The public works promised by the
+proprietors were never undertaken, and their establishment was but a
+larger farm than common. They ultimately obtained several blocks of
+land, which gave them command of an intervening country of 150,000
+acres, at Woolnorth; 20,000 at Circular Head, 10,000 at the Hampshire
+Hills, 10,000 at the Middlesex Plains, 150,000 at the Surrey Hills, and
+10,000 at the islands on the coast. The total actual cost, including
+survey, was 1s. 6d. per acre.
+
+The operations of the company were conducted on a liberal scale:
+artizans were sent out. The proprietors were promised a remission of £16
+for men, and £20 for women, on the quit-rent. This was the first
+encouragement of free emigration to this quarter of the world. A road
+was opened with Launceston, chiefly useful to absconders. The
+importation of sheep and horses of great value, was beneficial to the
+country. The sheep of the company cost £30,000 (1830), when they
+exported wool to the value of £2,000. The servants of the company left
+them on the expiration of their engagements: many before. The reports of
+the proprietors eulogised the management of Mr. Curr, and affirmed that
+the moral influence he had acquired rendered his government easy and his
+people contented. They asserted that ardent spirits were excluded: there
+were no police or prison, and none required. These statements varied
+from fact. The company provided no religious teaching for its people;
+and Mr. Curr, a Roman catholic, could not be expected to promote
+heretical creeds.
+
+The losses sustained by the company were great: the cold destroyed the
+stock, and their crops often perished from moisture. On the Hampshire
+Hills many hundred lambs died in a night. Sometimes the season never
+afforded a chance to use the sickle: in the morning the crop was laden
+with hoar frost, at noon it was drenched with the thaw, and in the
+evening covered with dews; and thus rotted on the ground. The agent,
+however, did not despair, and the company anticipated a dividend in
+1834, at the latest!
+
+The company provided a numerous staff; beside the agent, were a
+commissioner, an agriculturist, an architect, and surveyors. Its local
+affairs were confided to a council of three, Curr being the chairman;
+but the divided sovereignty was impracticable, and the "Potentate of the
+North," as he was sometimes called, soon reigned alone.
+
+Servants engaged in Great Britain at low wages, on their arrival often
+escaped from the farms, and exposed the agent to great vexation.
+Sometimes they were pursued, and brought back by force: it was at last
+agreed to cancel their indentures, on repayment of the cost of their
+passage. In 1834, the population on the estate amounted to about 400
+persons, of whom more than 200 were prisoners of the crown.
+
+The New South Wales and Van Diemen's Land Establishment, formed at the
+same time, received a grant of 40,000 acres. They engaged to improve the
+stock of Van Diemen's Land, and introduced valuable horses. Colonel
+Latour was a leading partner; Captain Thomas, speared by the blacks in
+1831, was superintendent of the company's affairs, which however were
+unprofitable for many years.
+
+To these establishments the colony is indebted chiefly for the
+introduction of valuable stock. In this they were rivalled by private
+settlers. Bulls, of the Fifeshire breed, were imported by Mr. Patrick
+Wood; of Normandy, by Captain Watson. Saxon sheep were imported by
+Messrs. Gilles; from the flock of the Marquis of Londonderry, by Mr. R.
+Harrison; by Mr. Anstey, from the flock of Sir Thomas Seabright; by Mr.
+R. Willis, from that of Mr. Henty, of Arundel. Many others might be
+mentioned, but these were in advance of the public companies; and by
+1830, little could be added to the varieties of the fold or the stall.
+
+Among those employed in the Van Diemen's Land Company's service was
+Jorgen Jorgenson, whose adventurous life made him remarkable even among
+vagabonds. He was born at Copenhagen, 1780. After some employment in the
+coal trade, he accompanied the expedition of Flinders; and afterwards,
+as mate on board the _Lady Nelson_, attended the first party to Risdon.
+Having returned to Europe, and become commander of a privateer in the
+service of his country, he was captured after a smart resistance by the
+British ships _Sappho_ and _Clio_.
+
+He obtained, while out on his parole, the merchant ship _Margaret and
+Anne_, to carry provisions to Iceland, where the people were suffering
+extreme privation. On a second voyage the governor, Count Tramp,
+prohibited the intercourse: Jorgenson landed while the people were at
+church, and aided by his seamen took the governor prisoner. He then,
+with extraordinary impudence, issued a proclamation stating that he had
+been called by an oppressed people to assume the reins of government. He
+proceeded to reform its various departments: he lightened the taxes,
+augmented the pay of the clergy, improved the system of education,
+established trial by jury, formed an army consisting of eight soldiers,
+and fortified the harbour with six guns. Having performed these
+exploits, he returned to London in a prize taken from the island. His
+proceedings were already known to the ministry, and he was arrested as
+an alien at large. Jorgenson made no small stir by his appearance among
+legislators and conquerors. After a variety of adventures, in which he
+was often on the borders of crime, he pawned the linen taken from his
+lodging, and was sentenced to transportation. In Newgate he was employed
+as a dispenser of medicine. After four years detention he was released;
+but was retaken, having neglected to quit Great Britain, and transported
+for life. Such is the account he gave of his imprisonment. The penalty
+might have been commuted; but he undertook to write on various subjects,
+and created some trouble; he was therefore forwarded to this colony.
+Here he was chiefly employed as a constable; detected many crimes, and
+brought several to the scaffold. A woman, who had assisted him in
+discovering certain offenders, became his wife; and he was often seen
+fleeing from her fury through the streets. He, however, survived her,
+and at length closed his singular career in the colonial hospital.
+
+Jorgenson made great pretensions to literature. He wrote a treatise on
+religion, and another on the treaty of Tilsit: in this country he
+published a pamphlet on the funded system, and a narrative of his life
+by himself. With a knowledge of the writer, it is amusing to read the
+grave strictures of the London critics, who complained that he bounded
+with amazing rapidity from one subject to another, without leaving a
+trace of his track: now among the stars--then on a steam engine chasing
+infidelity--or pelting atheism with meteoric stones.[148]
+
+FOOTNOTES:
+
+[Footnote 148: Of the fitness of Jorgenson to discuss theological
+questions, the reader may judge from the following passage taken from
+his preface:--"No religion on earth, except the Christian, establishes
+the link of the chain which must necessarily exist between the creator
+and intelligent creature. After consulting history, chronology, the laws
+of mechanism and the laws of nature, as unfolded by observation and
+experience, he discovered that events must have happened nearly at the
+time mentioned, and precisely after the manner described. At length his
+mind was satisfied, that God had made our yoke easy and our burden
+light."--_Religion of Christ the Religion of Nature._ Written in the
+condemned cells of Newgate, by Jorgen Jorgenson, late governor of
+Iceland. Capes, London, 1827.]
+
+
+
+
+SECTION IV.
+
+
+The retirement of Lord Bathurst, and accession of Lord Goderich, gave
+some hope of a change in the form, if not the agents of government. The
+colonist expected much from the improved tone of the English executive;
+but, except the rescue of the press, the sole effect was a reduction of
+British expenditure for the civil government, and in 1827 its total
+cessation.
+
+Mr. Hood, a surgeon on half-pay, had offended Arthur by a letter: a
+_Gazette_ announcement informed him that he was placed under a ban;[149]
+and his name recorded, to prevent his participating in the "favors or
+indulgencies of the local government"--a help to official remembrance,
+which rulers seldom require. Thus official and opposition parties were
+organised: as the distinction became more marked, a social gloom
+overspread the capital. Whispers were heard with jealousy. The
+mercantile class, who alone could defy the government, and who were
+excluded from the "court circles," headed the opposition. "The official
+corps," said a satirical lady, who drew a picture of the times, "are
+punctilious; fearful of compromising their rank; all _etiquette_." The
+entertainments at government-house were ceremonies, rather than parties
+of pleasure. As the servant opened the door, he seemed to say, "you may
+come in, but don't speak." Some more daring spirit would venture a
+remark, as ballast is thrown out to send a balloon above the fogs; but
+caution, like Sancho's physician, interdicted the perilous indulgence,
+and restored the watchful silence. No Dutchman would willingly endure
+the Humdrumstadt on the Derwent, notwithstanding its natural advantages
+and commercial promise--a town without a library, and where the common
+spirit of detraction was exasperated by competition for those favors the
+governor could refuse or transfer. The presence of power was everywhere
+felt, and dreaded wherever it could not be defied.[150]
+
+The close connection and constant intercourse between New South Wales
+and Van Diemen's Land affected the spirit of both governments. Sir
+Thomas Brisbane, whose easy temper and courteous manner rendered him
+highly popular, was superseded by Lieutenant-General Sir Ralph Darling,
+whose administration after the first few months was a perpetual storm.
+The chief justice, inclined to liberal politics, rejected several drafts
+of laws which trespassed on the limits of the constitutional act, which
+he himself had framed at the request of Lord Bathurst. At his dictation,
+the ordinance against the press was less stringent than intended. The
+titles of land, the property of masters in assigned labor, he determined
+against the government. He was considered the tribune of the people.
+Judge Forbes, a Bermudian by birth, was educated in an American college,
+and charged with republican tendencies by those who designed to degrade
+him.[151]
+
+Brisbane was the patron of the turf club. This office was accepted by
+Darling as his successor. He was invited to dine with the members: this
+he declined. Mr. Wentworth, as chairman of the day, made certain
+observations thought personally disrespectful; and when the governor's
+health was proposed, the band struck up, without orders from the
+stewards, "_There is na luck about the house_." Darling, informed of
+these proceedings, withdrew his name as patron. The club passed
+resolutions declaring their approval of Mr. Wentworth's speech. The
+governor dismissed the acting attorney general (Moore), the sheriff
+(Mackarness), and other officials, for their concurrence with the
+majority.
+
+Two soldiers, Thompson and Sudds, to escape from the service, committed
+a theft, and received a sentence in the supreme court. To aggravate its
+rigour, Darling brought them on parade: stripped them of their uniform,
+fixed round their necks collars set with spikes, and loaded their legs
+with chains. In a few days Sudds languished and died: this result, so
+unexpected, was attributed in part to a latent disease of the liver,
+rendered fatal by grief and the pressure of the iron. The affair became
+the subject of parliamentary inquiry. Darling was accused of murder by
+his enemies: he was vindicated by ministers; but although his motives
+were uncorrupt, an arbitrary aggravation of a judicial sentence who
+would seriously approve?
+
+These transactions, together with the "Stamp Act" to check the
+circulation of newspapers, were noticed in the _Australian_ (May, 1827)
+in terms of ironical praise; severe, but not beyond the ordinary license
+of public discussion. On the arrival of Mr. Baxter, the attorney
+general, the proprietor, Dr. Wardell, was prosecuted in the supreme
+court, at the instance of General Darling. Judge Forbes pointed out the
+violent straining of the inuendos, and through his charge led on to an
+acquittal. Although chosen by the prosecutor, the jury were unable to
+agree, and the defendant was discharged. The alleged libel stated that
+the stamp act "would immortalise" General Darling "in the annals of this
+rapidly improving colony, and act as a passport to the admiration and
+grateful respect of posterity." The meaning extracted by the inuendos
+was this: "It would render his memory for ever infamous, and cause his
+name to be hated and detested by future generations." The judge justly
+remarked, that between immortality and infamy there are many steps.
+
+The struggles between the governor-in-chief and the opposition were
+watched in Van Diemen's Land with interest. The same parties existed in
+both colonies; but Judge Pedder did not participate the political
+sympathies of Judge Forbes, and made no pretence to popular applause. To
+those who check the abuses of irresponsible power something is due; but
+when the balance of human infirmity is struck, it will not be always
+found in their favor.[152]
+
+The employment of spies has been charged on Arthur as a chief vice of
+his government--a practice hardly less perilous to the innocent than
+guilty. Shortly before his retirement from office, Mr. Humphrey, the
+police magistrate, was denounced for corruption. Major Honner, who had
+formed a disgraceful connexion with Anne Pope, a prisoner of the crown,
+applied for her assignment to his service: this Mr. Humphrey refused.
+The major then offered to produce evidence against this officer, on
+condition that free pardons were granted to his witnesses, one of whom
+was found to be his paramour. The governor declined to pledge a reward;
+but Honner was assured by a member of the executive that, provided the
+results were satisfactory, his recommendation would be favorably
+considered. He forwarded a letter to the governor, who satisfied that
+the imputation was malicious and incapable of proof, directed the
+prosecution of the accuser. The transaction was unfortunate: the
+negociation indicated that secret informers were tolerated, and that
+pardons might be procured by a successful witness.
+
+Mr. Humphrey, originally a mineralogist, who filled various offices from
+the foundation of the colony, received a pension of £400; but soon after
+died (1829). The governor eulogised in strong language his official
+career.
+
+The recall of Arthur was announced, and the policy of his successor
+gravely debated before his career was midway. "It is a fact," said the
+_Sydney Gazette_, "Colonel Davies is the distinguished individual." "The
+successor of Colonel Arthur," said the _Australian_ (1829), "is placed
+beyond doubt. The appointment of Colonel Gibbs is now certain."
+Clergymen of such names emigrated about the time, and rumour could
+easily supply the rest.
+
+When the constitutional act approached its term, the colonists
+determined to seek not only for trial by jury, but a voice in the
+legislature. A petition adopted by a meeting held in 1827, was confided
+to a deputation, who were instructed to forward it through Arthur, and
+to entreat his concurrence with its prayer. A time was fixed to receive
+them; but when at the government-house, they were met by a blundering
+message, postponing the interview for one hour. Deeming themselves and
+their constituents slighted, they declined a second attendance. Arthur
+published a vindication of himself: he stated that business of great
+importance with Mr. Curr, prevented his examination of the documents; he
+had requested the delay only to prepare himself for the audience, and
+regretted that the colony were deprived of his friendly offices by an
+unreasonable caprice. This paper fell into the hands of the deputation a
+few hours after the vessel had sailed with despatches for the secretary
+of state. They considered this a manoeuvre, contrived to stifle their
+defence; and instantly dispatched a fast sailing boat to pursue the ship
+with an exculpatory letter.
+
+By a circular of Lord Bathurst,[153] still in force, it was announced to
+the colonists that their complaints must pass through the governor's
+hands to the home-office. Duplicates without new matter might be
+forwarded by other channels; but an answer could only be expected on
+the arrival of the governor's report.
+
+The violation of this rule the deputation imputed to the necessity of
+the case; to counteract an attempt of the governor to evade its spirit.
+Their promptitude was unavailing: for his share in the transaction, the
+name of Mr. Gellibrand was expunged from the list of magistrates, by
+Lord Goderich's orders.
+
+The hostility of Arthur to the petition was well understood, and there
+were many others who did not sympathise with its object. Sir John Owen
+presented it to the Commons without a word. The ministers expressed
+their desire to grant free institutions, so soon as the colony was ripe
+to enjoy them, when Mr. A. Baring (Lord Ashburton) remarked that
+colonies are never ripe for free institutions until they get them.
+
+Mr. Marshall, the shipping agent, attempted to form an association in
+London (1828), for the protection of these colonies. All persons,
+commercially or otherwise interested, were eligible for membership. A
+correspondence was projected with the leading colonists, and it was
+assumed the British government would readily attend to representations
+emanating from such a source. The scheme did not obtain the support it
+merited, and the scattered colonial interests could never be combined
+for a joint action. The partizans of Arthur ridiculed the plan, and it
+came to nothing.
+
+The constitutional act, which became law, July 25, 1828, to terminate
+1836, but extended until now, differs in many of its provisions from the
+last. The governor is president, and has a deliberative and casting
+vote. The council is increased from five or seven to ten or fifteen; the
+oath of secresy is abolished; drafts of acts are _gazetted_; a law
+cannot be made by the crown or the governor alone; two-thirds of the
+council must be present; although previous duties are confirmed, no new
+tax can be imposed except for local purposes expressed in the bill;
+ordinances must be conformable to English laws; all statutes in
+operation at the date of the act were applied to the colony, all others
+may be adopted. A member may draft a bill, which the governor must lay,
+_verbatim_, on the council table, with his reasons for refusing to
+propose it. A member may record his protest, and a majority is necessary
+to pass a measure. The members are appointed by the crown, and vacancies
+are filled up by the governor: they must be resident; _ex-officio_ they
+are magistrates. The preliminary certificate of the chief justice,
+required by the former act, is substituted by another clause, which
+compels the council to reconsider a bill declared by the judge repugnant
+to the laws of England, or the act constituting the council.
+
+The British legislature, in criminal cases, establishes a military jury
+alone: challenge is allowed for direct interests, and magistrates may
+act in default of commissioned officers; but in civil actions assessors
+are continued. But the local council is authorised to institute trial by
+jury, under such limitations as may be deemed meet. It is under this act
+of parliament that the colony has seen the jury-box delivered up to
+civilians; but awaits the hour which the law itself foretells, when in
+recognising the ancient principle of representation it records the
+purpose of resuming it, "so soon as the cause shall cease to operate
+which had forbidden its immediate observance."[154]
+
+In transmitting this bill, Sir George Murray explained that by the
+clause which superseded the veto of the chief justice, it was intended
+to avoid a collision of opinion between the high functionaries of
+government. Nothing, however, but the most urgent necessity would
+justify the governor in setting aside his opinion.[155]
+
+FOOTNOTES:
+
+[Footnote 149: April, 1826.]
+
+[Footnote 150: _Letter from a Lady_ (Mrs. Adey), inserted in the
+_Morning Herald_, 1827.]
+
+[Footnote 151: _Mudie's Felonry of New South Wales_, p. 52.]
+
+[Footnote 152: Dr. Wardell was murdered some years after by
+bushrangers.]
+
+[Footnote 153: May 20th, 1826.]
+
+
+
+
+SECTION V.
+
+
+Under the former act, the attorney general could refuse to file a bill,
+and exercised this discretion in a case of libel. The new law authorised
+the court to permit an information to be exhibited by any person, and
+the attorney general was bound to indict, except in felony or capital
+prosecutions. Mr. Jennings, a solicitor, claimed the interference of the
+court against the attorney general, Mr. Montagu. Savery, who was
+transported for forgery, was sued for a debt; but Mr. Montagu, who had
+been a passenger with the debtor's wife, and felt interested in his
+welfare, stayed proceedings by verbal guarantee. When Jennings attempted
+to enforce the agreement, Montagu replied that he was more to be
+affected by the sun than the wind; and added, "I know how to defend
+myself against a person ten times more able or wicked than yourself."
+The judge decided that the attorney general was not bound to sign a bill
+of indictment against, or to prosecute himself.
+
+The indemnity due on a returned bill of exchange was decided by the
+court (1826), on a friendly suit, Cartwright _v._ Mulgrave, at the
+expense of the merchants. It was deemed proper to give a high
+compensation, both to solace for disappointment, and discourage a
+careless issue of bills. The plaintiff paid £112 currency for £100
+sterling, calculating that £120 currency would be required in London for
+the £100 sterling. The assessors fixed 25 per cent. to cover all losses,
+and the sum has been allowed by the supreme court on all similar cases
+to this day.
+
+Captain Dillon, of the _Research_, East India Company's ship, the
+discoverer of the relics of La Perouse, visited Hobart Town. He was
+prosecuted for assault and false imprisonment by Dr. Tytler, a gentleman
+commissioned by the Asiatic Society to conduct the scientific enquiries
+the voyage might favor. He was seized, confined to his cabin, threatened
+with the lash, and guarded by New Zealand savages, among whom were two,
+called by Dillon Prince Brian Boru, and his Excellency Morgan M'Murrah,
+who espoused the quarrel of the captain, and offered to grill and eat
+the unfortunate physician. The jealousy and violence of Dillon strongly
+indicated insanity, and Dr. Tytler represented his fears to the second
+in command. This opinion became known to the captain, and led to the
+assault and imprisonment, from which the doctor was released by a writ
+of _habeas corpus_. The chief justice, in pronouncing judgment,
+explained the absolute power and stringent responsibility of a captain
+in the management of his company, and sentenced Dillon to fine and
+imprisonment: the latter was remitted, in consideration of his
+enterprise.
+
+The public treasury was robbed of £1,400 (1827). The thieves entered at
+night, while the sentinel was on guard, and the rifled chest was found
+hidden under a tomb in the adjacent burial ground. Three persons, and
+the sentinel, were tried for the offence; but on the second day, the
+crown prosecutor was not in his place. This truant lawyer was enjoying a
+breakfast, while the court and prisoners were watching the door of
+entrance. The patience of the judge gave way, and he directed a verdict
+of "not guilty" to be entered. The crown relieved the treasurer from his
+responsibility for the loss.
+
+The case of Isaac (Ikey) Solomon, a noted receiver, occasioned a long
+discussion of great colonial interest. This man having been committed
+for trial, escaped from Newgate; but his wife, implicated in the same
+transaction, was transported. A short time after, he appeared in Van
+Diemen's Land, under the name of Sloman, and applied for his wife as an
+assigned servant: to this the governor consented, but transmitted to
+England an account of his presence. Towards the close of 1829, a letter,
+enclosing an affidavit of Mr. Wontner, the governor of Newgate, was
+addressed by the secretary of state to the governor, directing the
+arrest of the fugitive. A consultation was held at the secretary's
+office, to which Mr. Gellibrand was invited, who declared that the
+instruments forwarded were insufficient. A warrant, however, was issued
+for Solomon's capture, and he was lodged in gaol. On the application of
+Mr. Gellibrand, the supreme court granted a writ of _habeas corpus_, and
+the question arose whether a colonial secretary had power to act under
+instructions from the secretary of state, and without examination
+transmit a person, on a presumption of guilt, over half the globe. The
+judge admitted that the boasted liberty of the subject would be a
+delusion, were such powers vested in the local authorities. After a
+lengthened research and repeated hearing, he was unable to find a
+precedent, or to solve the difficulty of a case so new.
+
+Mr. Montagu, the attorney-general, maintained that the writ had been
+improperly granted; that on the face of the warrant there was no
+illegality. The chief justice, however, was dissatisfied, and desired
+proof that the secretary of state could grant a warrant without sworn
+testimony in cases of felony, and that Mr. Burnett, the colonial
+secretary, possessed the same powers. Mr. Montagu, who had recently
+suffered ill health, refused to argue the question; and to the complaint
+of the bench replied with asperity. The chief justice still urged that
+he had received no assistance on the part of the crown. Montagu
+rejoined, that speaking not as attorney general, but as an advocate, he
+repelled such assertions. "I will not," said he, "allow your honor, or
+any man in Christendom, to dare to make such observations without
+repelling them." The caution of the chief justice was extremely
+gratifying to the colony. The arrest went to the foundation of personal
+freedom, and assumed a power capable of great error and perversion.
+
+In this case there was no danger of mistake; and the governor, having no
+doubt of the prisoner's guilt, determined he should not escape: Mr.
+Capon, the chief constable, cut the knot by putting Solomon on board a
+vessel, and conveying him to England. The adventure was barely
+successful; Solomon was acquitted on the greater part of the
+indictments. The legal claim of parties to the plunder found on his
+premises could not be established, except by his conviction.
+
+On a trial of Salmon and Browne, for a murder at Macquarie Harbour
+(1829), a military jury exhibited that institution in no pleasing form.
+They disagreed on their verdict. Lieutenant Matheson conceiving that the
+facts did not sustain the indictment, declined to convict. His co-jurors
+were unanimous; and after three days and nights resistance he submitted.
+On the Saturday evening the men were sentenced, and executed on the
+Monday following. Their confession left no doubt of their guilt: they
+had committed murder that they might escape from misery; but they
+asserted that the principal was Browne, and the accessory Salmon--the
+reverse of the indictment. During their long consultation the jurors
+were allowed refreshment; but on the Friday evening several resolved to
+elope: at a late hour they broke past the astonished constables, and
+returned to their homes. They were, however, recalled by the sheriff,
+and kept under stricter watch until the trial ended.
+
+Amusements of the turf, officially patronised in other countries, were
+discouraged in this. From an early date, occasional matches were made
+for large stakes; but in 1827, races were regularly established at Ross.
+The course was lined off, a stand erected, in which about fifty well
+dressed persons were spectators. The riders were equipped in different
+colored clothing, and as they darted along, obscured at intervals by
+foliage, the scene was picturesque and animated. A race was contested by
+Messrs. Gregson and Hardwicke, which the latter lost. A public dinner
+followed; but the waiter was blindfolded, and his pudding stolen as he
+entered the tent. The hats and coats disappeared; and one cavalier was
+robbed of his boots. "These things," said the reporter, "are fraught
+with discomfort, and disgraceful in themselves:" an opinion which time
+has not shaken.
+
+Arthur probably had no great taste for such pleasures; but he ascribed
+his unwillingness to support them, to their tendency to excite the
+prisoner population, and seduce them into disobedience and crime. No
+regulations or punishments could hinder their haunting the tents, or
+deter them from intemperance and consequent miseries.
+
+Happily dissention disappeared in the presence of distress. Arthur's
+name is on the list of subscription for the family of Captain Laughton,
+who having lost his property by shipwreck and fraud, was drowned on the
+coast. Governor Arthur gave twenty guineas, and thus fixed the high
+scale of colonial benevolence, which no vicissitude of public affairs
+has abated.
+
+The largest private subscriber was Captain Carne, of the _Cumberland_;
+not less unfortunate than Laughton. When no tidings were heard of the
+vessel, it was supposed she had foundered; but in the year 1828, Captain
+Duthie, of the _Bengal Merchant_, threw light on her fate. He had found
+the _Clarinda_, Captain Crew, at Rio, who had been boarded in lat. 8° S.
+The pirates chained him to the deck while they robbed the vessel: he saw
+a bucket, on which he could trace the word _Cumberland_. Some of the
+pirates proposed that Crew should walk the plank, but were resisted by
+the Captain. A little black boy, shipped by the _Clarinda_ at the Cape
+de Verde Island, remembered the pirate vessel as often seen in that
+port.
+
+In what form the _Cumberland_ perished is not certainly known. Pirates
+executed in England for other crimes, were supposed to be guilty of
+this: more than a hundred and fifty persons perished by their violence.
+Some they cut down, and others they cast overboard. They were driven to
+the port of Cadiz by a storm, and attempting to negociate a bill they
+were detected. A ship of war conveyed them to Gibraltar, where several
+suffered; others were forwarded to England, and condemned there. The
+story of the capture was long a standing topic in the unarmed
+merchantmen that passed her track. As the emigrant, even now, approaches
+the supposed latitude, he hears with bated breath the fate of the
+_Cumberland_, whenever a strange sail darkens the horizon.
+
+FOOTNOTES:
+
+[Footnote 154: _Report of the Lords of the Council_, May, 1849.]
+
+[Footnote 155: Despatch, 1828.]
+
+
+
+
+SECTION VI.
+
+
+Attempts were made in the county of Cornwall to form a collegiate
+institution, for the education of youth and the advancement of science
+(1826). It was proposed to erect buildings, to govern the college by a
+directory of patrons, and to establish a public library and lecture
+room. For these purposes a fund was contributed: twenty-four persons
+subscribed £50 each on the spot. A commencement was made at Norfolk
+Plains; but the project failed, and sunk into a private academy.
+
+In 1828, the government determined to establish a school at New Norfolk,
+called the "King's Grammar School." The members of the government were
+the board of guardians: the master was in holy orders. This effort was
+also frustrated. Such attempts were not, however, lost: they were in
+reality, not only the pledges but the causes of final success.
+
+But the establishment of the King's Orphan School (1828) was successful.
+It was chiefly designed for the numerous children whose parents were
+unable to support them, who had deserted, or who were dead. It was
+placed under the guidance of a committee, and afforded protection to
+many children who must have sunk under the influence of a vicious
+example. In this island the fatherless have found mercy. In the absence
+of natural ties, the settlers have often displayed a parental tenderness
+in educating the children of the outcast and the stranger.
+
+The public institutions which multiplied at this period, tended to
+mitigate the spirit of party. In 1826, several master tradesmen met to
+project a mechanics' institute. In 1827, they called a meeting of the
+inhabitants, who having chosen Mr. Gellibrand their chairman, organised
+the institution: the governor was invited to be patron, the chief
+justice was chosen president, and Mr. James Wood appointed secretary.
+Dr. James Ross, called the "Birkbeck of Tasmania," delivered the first
+lecture (July 17), on the science of mechanics. The second, on
+astronomy, by Mr. Gellibrand, senior: Mr. Hackett, on steam engines; Mr.
+Giblin, senior, on astronomy; and Dr. Turnbull, on chemistry, completed
+the course. Mr. James Thomson gave lessons in geometry to a youthful
+class. These efforts languished during the absence of the secretary in
+Great Britain; but in September, 1829, the former lecturers reappeared:
+contributions were increased, and a library and apparatus were obtained
+from England. In 1830, two hundred members were enrolled, and the
+institution was promoted by all classes of society.
+
+Among its supporters, Dr. James Ross occupied the first place: a man
+whose name will be ever mentioned with respect. His political career
+does not receive or deserve unqualified praise: as a partizan of Arthur,
+he sometimes sanctioned by his pen what it is difficult to vindicate;
+but he contributed to the intellectual advancement and external
+reputation of the colony, beyond any person of his day. Dr. Ross was the
+son of a Scotch advocate: educated at Aberdeen University, and some time
+employed as a planter in Grenada, where he became an advocate of negro
+freedom. He afterwards established a school at Sevenoaks, Kent; but his
+family kept pace with his fortunes. He determined to emigrate, and
+arrived in Van Diemen's Land in 1822. Some error in the shipment of his
+goods, upon the schedule of which he claimed 2,560 acres, deprived him
+of one-half. He chose his location on the Shannon, and called his
+cottage the "Hermitage." Here he was vexed with the incursions of
+cattle, the perfidy of his servants, the dread of bushrangers, and the
+visits of the blacks; and he willingly accepted the office of government
+printer, which Mr. Bent had lost. The _Courier_, his newspaper,
+patronised by the governor, obtained a large circulation, and in 1830
+published 750 copies. He wrote with great facility and copiousness. In a
+letter to a friend, he said--"I write my articles, engrave my vignettes,
+set the types, adjust the press. Sometimes I set up a few lines myself,
+and dictate at the same time to one or two of my compositors. Sometimes
+I write three lines of a sentence for one, three lines of a sentence for
+another. I teach my own children, nine in all, at the same time that I
+write paragraphs."[156]
+
+A genial spirit, except when troubled by political anger, usually
+sparkles in the writings of Dr. Ross, and in such case they are rather
+unfair than bitter. Wherever Arthur disliked, Ross opposed. He denounced
+the emigration of the poor, and Archbishop Whately charged him with
+baseness, in supporting the penal system of transportation; but no
+colonist would question his sincerity. Dr. Ross retired from his
+literary labors in 1837, and not long after closed his earthly toils. In
+his last address to the public, he said, "independence of spirit has
+been my motto; freedom my watchword; the happiness of my fellow-men my
+object; and the truth of our religion my buckler and consolation." Such
+was his account of himself; and may be left as his merited eulogium to
+posterity.
+
+A hand-bill, published during the heat of a political quarrel, from the
+head-quarters of his foes, is a curious specimen of party spleen, and
+may be taken as the set-off to his own:--"Here lieth the body of James
+Ross, printer: formerly a negro driver: who spent the remainder of his
+days in advocating the cause of torture, triangles, and the gallows."
+Then follow couplets, among which are these:--
+
+"Beneath this sod, mark reader, as you pass
+ The carcase buried of a great jack-ass:
+ Perfidious, smiling, fawning, cringing slave,
+ Hell holds his spirit, and his flesh this grave.
+ Corruption revels in a kindred soil:
+ A carcase fatted on an island's spoil!"
+
+An association, with objects more extensive and more ambitious in
+organisation, was projected by John Henderson, Esq., a surgeon, from
+Calcutta (1829). It was denominated the "Van Diemen's Land Society." The
+members proposed to collect and diffuse information respecting the
+natural history, produce, mineral worth, statistics, condition, and
+capabilities of Van Diemen's Land. The governor accepted the office of
+patron of the society, and its establishment was celebrated by a public
+banquet. In his account of the institution, the founder and president
+relates that, although it enrolled the heads of departments and the most
+respectable settlers,[157] he found himself surrounded by spectators
+rather than coadjutors; who, in the absence of "selfish interests" and
+personal advantage, could not be stimulated to toil. Dr. Henderson,
+whatever his science, was disqualified by his censorious dogmatism, to
+rule. His work was an outline of projects, which entered into every
+imaginable department of political economy, and contemplated a social
+revolution. On religion, his ideas were scarcely Christian: he combined
+the Brahmin and the Socialist.
+
+FOOTNOTES:
+
+[Footnote 156: _Penny Magazine_, April, 1832.]
+
+
+
+
+SECTION VII.
+
+
+The charter of the Van Diemen's Land Bank having expired, it became a
+joint stock company, and enlarged its capital to £50,000; ten per cent.
+being charged upon discounts. The Tasmanian was a private bank, of which
+the Messrs. Gellibrand were proprietors. The limited business carried
+large profits, and the purchase of bills, not passed in the regular
+course of discount, then, as afterwards, yielded large returns. The
+Derwent, established chiefly by persons connected with the government,
+was opened for business on 1st January, 1828, with a capital of £20,000.
+At the same time, the Cornwall Bank, with £10,000, was established by
+the merchants of Launceston; and the facility of monetary transactions
+increased on every side. The arrival of considerable investments from
+India, brought rupees into extensive circulation, and they formed a
+great proportion of the current coin.
+
+The large imports of English goods, and the increase of promissory
+notes, alarmed several persons connected with trade. An advertisement,
+signed John Dunn, offered a quantity of shares in the Derwent on liberal
+terms. At a meeting of the shareholders, Mr. Dunn maintained that the
+liabilities of the community were dangerous, and twenty times greater
+than the circulating medium. It was replied, that bills were chiefly
+multiplied by re-sales, and that the cash of the consumer would be
+transmitted through the whole mercantile chain.
+
+The Van Diemen's Land Bank discovered a singular fraud by the cashier in
+1828. Amongst the large accounts, which were unlikely to be drawn, he
+debited the cash which he employed as a private discounter of bills. The
+sudden presentation of an unexpected draft led to an examination, and
+£2,000 were found deficient. The money was refunded, except a trifling
+amount, and prosecution waved.
+
+The interest of the officers of the government in the Derwent Bank
+occasioned complaint. The risks, liabilities, and antipathies of trade,
+were deemed unsuited to their duties. At the governor's request, the
+relation was disguised, but it was not dissolved.
+
+The state of trade at this time wore a deceptive aspect. Dr. Henderson
+reckoned the actual profit of the colony at 1-1/2 per cent., while Mr.
+Prinsep, a barrister, of Calcutta, described every branch of business as
+a path to opulence. In 1829, a merchant sold £1,500 worth of goods at an
+advance of 50 per cent., and a credit over three years bearing 15 per
+cent., amounting to £2,250 in all. A glut sometimes reduced the value of
+merchandise below the London price.
+
+"See, how I am changed!" said Mr. Prinsep. "Amongst all the beauties, I
+am beginning to think none so beautiful as the interests of capital.
+Interests alone on mortgage, with the very best securities, is 15 or 20
+per cent. Invest your money in wool, and it brings you a return of 50
+per cent. per annum: in the whale-fishery, 100 per cent. Bank dividends
+now paid are 16 per cent. I only brought down a broken-winded Arab or
+two, and their hire pays my current expenses. Money invested in land
+will be ten-fold its original value in fifteen years. £200 will purchase
+a noble property here; £1,000 will buy a fine, healthy, and beautiful
+estate--two hundred of them already in cultivation. The whole colony is
+on the advance, and its resources remain to be developed." Such was the
+bright picture published in Calcutta. The influx of speculators
+postponed the crisis, and prolonged the delusion.[158]
+
+The increase of capital, and the opening of cash credits, facilitated
+the operations of the settlers, but tempted many to ruin. The government
+rewarded the rapid improvement of estates, the erection of substantial
+dwellings, farm buildings, and fences, by grants of land in extension.
+To secure the proffered boon the settlers accepted the assistance of
+money-lenders, whose claims at length absorbed the proceeds of their
+toil. During a progress through the colony, the governor visited many
+establishments, and distinguished the enterprising agriculturist with
+special favor. On his return to head-quarters he expressed the pleasure
+his inspection had afforded; and noticed in a public order Mr. Gatenby,
+of the Isis, as a "good old English yeoman," and an example of
+enterprise and skill. Well assured that his Majesty was desirous that
+the character of a plain, upright farmer, should meet with encouragement
+and reward, he added to this settler's grant 1,000 acres.[159] The
+"Gatenby farmers" were henceforth noted as a favored class; and many,
+anxious for the same recompense, borrowed, enclosed and improved, until
+they had not a rood of land to call their own.
+
+The most distinguished money-lender was Sheriff Ferreday, whose ordinary
+charge was 35 per cent., or less with ample security. After a few years
+(1834) he returned to Europe, having realised £20,000 by usury. At his
+death, he devised a portion of his wealth to Oxford, to found a
+scholarship. He suffered much vituperation, probably with little
+comparative justice. "His bible," said Mr. Gellibrand, "is his bill
+book, and his gold his god"--a quotation from Burke, highly relished at
+the time.
+
+The treasury was again robbed in 1832. It was observed the office papers
+were deranged: constables were stationed to watch, and a sentinel was
+placed at the door. The sudden examination of the chest by the governor
+discovered a more serious transaction. It appeared, capital had been
+borrowed from the chest without authority, to the amount of some
+thousands; the money was, however, restored. No public care could
+reclaim these funds from their tendency to escape, and they were not
+deemed sure until out of the custody of the government.
+
+The secretary of state directed the public cash to be deposited with the
+banks. The treasurer was not authorised to retain more than £10,000 of
+paper, and the Van Diemen's Land and Derwent establishments each
+received charge of £10,000 cash. During six years, the revenue had risen
+from £30,000 to £60,000: notwithstanding a very liberal official
+expenditure, the surplus funds (1831) amounted to nearly £40,000.
+
+The interior communication was facilitated both by the business of the
+police and the cheap labor in the hands of the crown. The post of
+Sorell's time was a private speculation, conveyed on foot, afterwards on
+horseback. On the 19th June, 1832, a "cheap and expeditious conveyance,
+to and from Launceston," was announced. The owner, Mr. J. E. Cox, drove
+tandem, at the rate of forty miles a-day: only one passenger was
+accommodated, at a fare of £5. The practicability of the journey was
+then the subject of considerable betting.[160]
+
+In 1827, and during two following seasons, New South Wales suffered a
+serious drought, which increased in severity. Rivers were exhausted, and
+their beds left dry. Not only the want of rain was felt, but a withering
+blight, travelling in a defined current over the cultivated districts,
+cut off their harvests. In two years the cultivation of wheat in Van
+Diemen's Land increased from twenty to thirty thousand acres, and the
+average price of wheat at Hobart Town was 8s. per bushel. This
+stimulated further production, and tended to avert from Van Diemen's
+Land the distress, which over speculation and scarcity produced in New
+South Wales.
+
+This dearth was followed by two plentiful harvests (1831), and a
+depression of price. The farmers of New South Wales entreated General
+Darling to establish a corn law, to check importation. In declining the
+project, he attributed the successful competition of this country to the
+superiority of its wheat and facility of transit; and hinted that the
+elder colony was indebted to foreign supplies for its subsistence.
+
+FOOTNOTES:
+
+[Footnote 157: _Observations on the Colonies of New South Wales and Van
+Diemen's Land._ By John Henderson. Calcutta, 1832. p. 5.]
+
+[Footnote 158: _Journal of a Voyage to Van Diemen's Land_, p. 108.]
+
+[Footnote 159: _Gazette_, March, 1828.]
+
+[Footnote 160: Until 1832, the post was managed by Mr. Collicott, as a
+private speculation. There were nine post stations. The number of
+newspapers conveyed by post in 1832, was 13,000; in 1833, 102,
+400.--_Montagu's Statistics._]
+
+
+
+
+SECTION VIII.
+
+
+The powers of legislation confided to Arthur did not slumber. The
+council which enacted the laws, were chiefly officers of the government,
+and the discussion of measures was conducted in private. Whatever course
+they pursued, was justly ascribed to the governor himself. The early
+ordinances of Arthur added some new burden, or limited some indulgence.
+Their immediate aspect was, therefore, commonly austere and encroaching,
+even when their ultimate consequences were beneficial.
+
+To prevent the clandestine sale of liquors (1827), the council
+authorised a constable, upon a magistrate's warrant, granted on the
+belief of any person that ale, beer, or spirits were sold, to break open
+the house and seize the liquor; and unless the owner could satisfy the
+magistrate, the constable was permitted to stave and destroy the
+vessels. For the sale, not only were heavy penalties imposed, but unless
+paid the offender was liable to perpetual imprisonment; and even appeal
+was prohibited, except the penalty was first paid: one-half to the
+informer. This ordinance was afterwards mitigated.
+
+The penal character of the colony was constantly indicated in the entire
+spirit of legislation. Thus a house could be broken into at night, when
+a person suspected as an absconder was expected to be found there:
+whoever engaged a convict, though in ignorance of his civil condition,
+incurred the penalties of "harboring." Publicans were liable to fines
+for supplying such persons, even with common refreshment. Any man might
+arrest another, whom he chose to fancy a convict at large. These
+deviations from the practices of society in its regular state, were
+occasionally vexatious, but not commonly. The settlers being acquainted
+with each other, and the servants usually known to the constables,
+prevented those practical evils, otherwise inevitable.
+
+Few colonial enactments have occasioned more vexation than the
+impounding laws. The interests of the grazier and agriculturalist were
+at variance. When the country was parcelled out for cultivation, the
+losses and annoyances of the settlers were severe. Their land unfenced,
+was often suddenly visited by a herd of several hundreds: their crops
+were trodden down, and devoured in a few hours. The invaders when
+alarmed were soon beyond reach. Nor was this the sole mischief: tame
+bullocks, seduced by the interlopers, often joined their flight; many
+days were spent before they were recovered; often they were finally
+lost. The unfortunate farmer, in the most important season, was
+compelled to leave his lonely home, and attended by reluctant laborers
+travel over many a hill and dale in search of the fugitives, with
+sadness of heart.
+
+At the accession of Arthur, the country about the Clyde and Shannon was
+stocked with numerous herds, and from their bulk, the lands on which
+they fed were then called the Plains of Bashan. The herdsmen acquired
+great skill in tracking and driving the cattle. Their stations were in
+advance of the located districts, and opened many fine patches of
+country. Their horsemanship was celebrated: they gallopped amidst the
+trees--now stooping, now leaning to the right or to the left; avoiding
+obstruction and escaping collision with wonderful agility. They lived a
+half savage life; were the reckless oppressors of the natives; often the
+accomplices of the bushrangers, and accused of many crimes. To brand the
+cattle, they were driven within an enclosure seven feet high, and when
+exhausted by hunger, one man armed with a pole threw a loop round the
+horns, another entangled the legs, and the beast was branded with a
+heated iron; then turned into the woods, or driven to market. Little
+caution respecting the rights of ownership was observed: several were
+capitally convicted, when probably they were careless rather than
+deliberately criminal.
+
+An impounding law was proclaimed by Macquarie in 1820; but cattle being
+often driven to the pound for the sake of the fees, the ordinance was
+relaxed by Sorell. This continued the colonial rule until 1830, when
+Colonel Arthur enacted a more stringent law. The large stockholders were
+great sufferers, and were compelled to reduce their herds and increase
+their expense. The constables often corruptly exercised the great power
+this law gave them: cattle driven to the most distant pounds were not
+discovered until their expenses were greater than their value.
+
+The larger herds belonged chiefly to gentlemen, of different families,
+but of the name of Lord. In describing their depredations, it was said
+that a party of the E.L.'s, D.L.'s, or the R.L.'s, had made an
+excursion. The complaining farmer was told that he might impound, but
+not maim them; but a troop of horsemen were required for this purpose.
+
+The operation of the law was unequal: the small settler fed his stock on
+the rocks behind his location, where his rich neighbour, who could
+influence the police, was a competitor. Often his stock were never heard
+of until sold, perhaps to the son of the poundkeeper. Many hundred were
+bought for a few shillings each. False claims of damage were set up, and
+a kind of black mail was levied on the settlers to preserve their stock
+from molestation. To protect themselves, many of the more opulent
+settlers obtained the appointment of poundkeepers; and this office was
+held by persons who claimed the highest station in the country. The
+incessant complaints in newspapers of the day, partly prove the severity
+of the regulation. It was, of course, a subject of reproach to the
+government; yet it is certain that, while the injury was partial, the
+principle of the law was sound, and its operation on the whole
+beneficial.
+
+To prevent the increase of dogs, a tax was imposed (1830). The
+aborigines possessed large packs, from fifty to three hundred. On the
+destruction of the aboriginal tribes, these animals escaped, hunted in
+large numbers, and committed great havoc, among the flocks: farmers lost
+five hundred sheep in a season. By a single gripe these wild marauders
+destroyed a sheep, and a few minutes were sufficient to strew the downs
+with dead. A tax was imposed, from 5s. to £1 each. Large establishments
+required many sheep and watch dogs, and the cost amounted to £8 or £10
+per annum. The constables had summary power to destroy canine vagrants
+without collars, in town or country.
+
+The Huskisson Act applied the laws of England to the colony, and thus it
+became a question whether the English interest of 5 per cent. were not
+the limit of lawful usury. The government paid larger amounts on the
+deposits of prisoners, and capital on such terms must have forsaken the
+country; the council, therefore, declared the restriction inoperative.
+
+These ordinances were the subject of endless and angry discussion. The
+feelings of the community were not carefully consulted, and laws in the
+main useful, were too often pertinaciously encumbered with provisions
+both irritating and needless. The motives of the lawgivers were
+canvassed without reserve. They were supposed to employ their powers to
+facilitate extortion, in the profits of which they were said to share.
+
+
+
+
+SECTION IX.
+
+
+The dignity and independence based on landed wealth, is ever the chief
+allurement of the emigrant. Whatever his rank, he dreams of the day when
+he shall dwell in a mansion planned by himself; survey a wide and
+verdant landscape called after his name; and sit beneath the vineyard
+his own hands planted. To this common ambition the crown directed its
+appeals: acres, by hundreds and thousands, were offered for acceptance.
+The imagination of English readers overleaped a tedious interval of
+labor and disappointment. The generous impulse silenced the voice of
+fear and distrust: they took a last look at the sepulchres of their
+fathers, and came forth to establish their children among the founders
+of nations.
+
+The distribution of waste lands, a most important function of colonial
+governors, has been a source of incessant perplexity and discontent.
+Sometimes they have been granted with ridiculous parsimony, and at
+others with scandalous profusion. Every minister has proposed some
+novelty: the regulations of one year have been abandoned the next, and
+the emigrant who loitered on his way found the system changed, which had
+induced him to set forth.
+
+The stewardship of the royal domain has been liable to difficulties
+peculiar to itself, beside the full average of official injustice and
+corruption.
+
+The endowment of emancipists with land, an American practice,[161] was
+unsuccessfully revived in New Holland, and continued until the close of
+Macquarie's administration, when Commissioner Bigge recommended that no
+grant should be less than 320 acres.
+
+Instructions under the sign manual, given to the Governor of New South
+Wales, dated April, 1787, were amplified by others in 1789. To detain
+the convict population, and to provide them a future home, were the
+chief ends proposed. The governor was empowered to shorten their
+sentences, and convey to each man, if single, 30 acres; if married, 50;
+and 10 for every child. The marines who accompanied the first expedition
+were encouraged to settle. The non-commissioned officers received 130;
+if married, 150; and 10 acres for each child. Private soldiers 100, or
+130 acres. These grants were subject to 2s. per 100 acres, deferred for
+five years. The minister, anxious to raise the value of crown land,
+directed reserves to be made between the allotments, of equal extent;
+but the settlers persuaded the governor, or the secretary of state, that
+the intervals favored the assaults of the natives, and the scheme was
+defeated.
+
+The king's instructions made no reference to the superior officers; but
+it was deemed absurd to grant the "greatest gifts of the crown to
+persons who had forfeited their lives," and deny them to gentlemen
+bearing commissions in the army.[162] Ensign Cummings accordingly
+received 25 acres! The subsequent donations of governors compensated for
+this modest beginning, and the officers obtained large and valuable
+portions. One governor conferred a considerable grant on his expected
+successor, and was rewarded, when he surrendered the government, with a
+similar boon.[163] Macquarie gave Lieutenant-colonel O'Connel and his
+lady 4,555 acres; to John Blaxland, 6,700 acres.[164] Sir Thomas
+Brisbane obtained 20,000 acres: 15,000 were given to Mr. Hart Davis.
+These were exceptions to the general rule. Official holders of land were
+interested in preventing extravagant grants, which lessened the
+marketable value of their own.
+
+The survey department, always in arrear, neglected to measure off the
+land, and an order, verbal or written, was deemed a sufficient title.
+Not unfrequently, the applicant changed his choice, and migrated from
+one spot to another. The governor often permitted the issue of rations
+and implements a second time, to enable indolent or insolvent settlers
+to till a second heritage.[165] Trade was, however, more agreeable to
+many emancipists than agriculture. The officers located near them were
+willing to purchase their petty farms: thus the small holdings were
+bought up,[166] and the estates of the greater landholders were cleared
+of "lurchers," who preyed on their flocks.[167]
+
+The small grants of land were productive of much real mischief and
+little benefit. They fell chiefly into the hands of spirit dealers, and
+the government permitted the purchasers to consolidate all such
+acquisitions into one large grant.[168]
+
+In 1814, Macquarie issued an order threatening the resumption of grants
+for non-residence or alienation. These notices were rather a protest
+than an interdict, and were so understood.
+
+FOOTNOTES:
+
+[Footnote 161: _Eden's Discourse on Banishment._]
+
+[Footnote 162: _Collins_, vol. i. p. 257.]
+
+[Footnote 163: _Commons Report_, 1812.]
+
+[Footnote 164: _Bigge's Report._]
+
+[Footnote 165: Ibid.]
+
+[Footnote 166: "A small farm of 30 acres was now offered to me by Bryan:
+I recommended Mr. Cox (of New South Wales) to buy it, which he did for
+£40; half money and half property. I also purchased for him two others;
+one of 25 acres, and another of 50 acres, from Mr. Hume, for £45;
+another of 30 acres from Thomas Higgins, for £35; and another farm, of
+100 acres, I also purchased for Mr. Cox for £50 and ten gallons of rum.
+I likewise bought another farm of 100 acres from Captain Campbell for
+£100; and of Dr. Thompson, a farm of 100 acres, with twenty-five sheep,
+an old mare, two fillies and a colt, a cow, and a young ox, for £500:
+the stock, when valued, was worth more than the purchase money. Next
+year (1801) I bought John Ramsay's farm of 75 acres, for £40; and then
+Michael Fitzgerald's, with eight large pigs and eighty bushels of maize,
+for £100. I let this farm, ten days after, for £40 per year. I then
+purchased Barrington's (the celebrated pickpocket), 25 acres, an old
+brood mare with a colt at her foot, for £100, and sold the mare a few
+days after for £85. I then bought 50 acres from Edward Elliot, for £100,
+and by these means squared the estate."--_Holt's Memoirs_, vol. ii. p.
+137.]
+
+[Footnote 167: "A lurcher is the lowest order of thieves."--_Holt._]
+
+[Footnote 168: _Bigge's Report._]
+
+
+
+
+SECTION X.
+
+
+Van Diemen's Land was divided into counties by Governor King (1805). An
+imaginary line was drawn across the island from east to west midway;
+Buckingham being on the south, and Cornwall on the north. Macquarie made
+sections more minute, by a running survey.
+
+In 1826, letters patent were issued, constituting Edward Dumaresq,
+chief, and Roderick O'Connor and Peter Murdoch, assistant commissioners,
+for the survey and valuation of crown lands. They were instructed in
+delineating counties, hundreds, and parishes, to observe the natural
+boundaries and recognised nominal limits. The parishes were to contain
+about twenty-five square miles. On this task they were ten years
+employed; but their valuation became available so soon as one parish was
+proclaimed. The names assigned to the various localities are commonly
+welcome to the British ear;[169] though occasionally productive of
+confusion.[170]
+
+The colonial-office published, in 1824, the conditions on which land
+would be granted: the notice contained eighteen clauses, and formed the
+basis of subsequent regulations. The secretary of state, however,
+reserved a discretion in special cases. The parishes were to be
+surveyed, valued, and sold: for cash, at a discount of 10 per cent., or
+credit, at four quarterly instalments. 9,600 acres was the maximum
+allowed one purchaser.
+
+Free grants were offered to emigrant capitalists: not more than 2,650
+acres, nor less than 320; a quit rent of 5 per cent. on the value of the
+land deferred seven years, and redeemable within twenty-five years, at
+twenty years' purchase. One half the value was to be spent in
+improvements, on pain of forfeiture. Additional grants were restricted
+to such as possessed the means of cultivation, and subject to a quit
+rent from the date of issue.
+
+A more ample explanation of the views of the crown issued from
+Downing-street, April 26, 1826. The conditions of sale were the same as
+in the notice of 1824. Purchasers of land were now promised the return
+of their purchase money, conditionally, that during ten years they could
+relieve the crown from an expense ten times its amount, by the
+employment of convicts, rated each £16 annually. One-half this amount
+was offered, in the redemption of quit rents, on the same conditions;
+or, when convicts were not attainable, by expending five times the value
+of the grant, one-half the quit rent would be extinguished. Grants in
+extension were promised, 2-1/2 per cent. value on improved value of an
+original grant, on which five times its value should be expended; or
+having so improved his first purchase, the settler was permitted to buy
+a second at half price.
+
+By an order published at the Horse-guards, 1826, officers willing to
+emigrate, not under the rank of captain, were permitted to sell their
+commissions; one-third of the price deposited with the crown, to be
+repaid on their arrival, and rated as their capital, gave them a title
+to free grants. In 1827, the convict clause was withdrawn: the settler
+was required to produce £500 capital for each square mile he claimed.
+
+Earl Bathurst suggested to the commander-in-chief, and to the lord
+high-admiral, that it was desirable to promote the settlement of naval
+and military officers in the colonies. Circulars were accordingly issued
+from the Horse-guards and Admiralty, in 1827, stating the terms on which
+free grants might be engaged. Officers of twenty years standing were
+exempted from quit rents; those of fifteen years standing, for twenty
+years; of ten, for fifteen years; and of seven, for ten years. The
+extent of their grant was made to depend on their capital; but they gave
+bonds for residence and non-alienation during seven years, or until,
+upon a grant of 500 acres, valued at 5s., £25 were expended. These
+offers drew a large number of settlers, both civil and military. More
+than five hundred grants, exceeding 500 acres, were issued in four years
+ending 1831.
+
+Fictitious schedules of property were sometimes presented, and persons
+without capital were enabled by monetary loans to deceive the governor.
+Dollars, borrowed for the purpose, were lodged in the banks to the
+credit of an applicant. A considerable breadth, comprehending a
+succession of valuable farms, was parcelled out among several settlers,
+in virtue of a single bag of dollars, hired for the purpose.
+
+The act of parliament[171] authorised the subjects of Great Britain to
+visit the settlement of New South Wales "without any license whatever."
+Persons intending to emigrate usually applied to the secretary of state
+for permission, and an order for a grant. Their references being
+satisfactory, they received a letter to the governor, directing that
+land should be given them, proportionate to their "means to bring the
+same into cultivation." For some time, the settlers for this colony
+were obliged to visit New South Wales, to obtain the requisite
+permission. To avoid the expense and delay, some entered on lands
+provisionally assigned them by the lieutenant-governor; but were in
+danger of being dispossessed by an applicant at head-quarters. To
+obviate these evils, power was conferred on the lieutenant-governor to
+locate such as might arrive. Applications from residents were received
+only at stated periods; and when the herds were exhausted by loans, and
+the stores by the issue of rations, were indefinitely postponed; but
+such as brought orders from the secretary of state, were accommodated at
+once.
+
+The newly-arrived emigrant, distrustful of reports, or ignorant of the
+nature of the country, usually went out in search of a home. He was
+received with hospitality as a guest, but found himself unwelcome as a
+neighbour. Often, after long travel, he would scarcely find a spot
+within an accessible distance unclaimed. "All that is mine!" was the
+common answer to his enquiries. A present of sufficient value removed
+many such obstacles, and gave the wanderer a clue to a desirable resting
+place. Such as were too dull to comprehend this process of discovery,
+often lost much time in unavailing toil.
+
+FOOTNOTES:
+
+[Footnote 169: _Counties in Van Diemen's Land._
+
+Northern.            Midland.                Southern.
+
+Devon,               Westmoreland,           Kent,
+Dorset,              Somerset,               Buckingham,
+Cornwall.            Glamorgan,              Pembroke,
+                     Cumberland.             Monmouth.]
+
+[Footnote 170: The writer was present when a newspaper was delivered,
+directed from Sydney to "Launceston, Cornwall." It was conveyed to
+England, where the Cornish postmaster wrote, "Try Van Diemen's Land."]
+
+[Footnote 171: 53 Geo. iii. cap. 153.]
+
+
+
+
+SECTION XI.
+
+
+Sir Thomas Brisbane,[172] to facilitate the employment of prisoners,
+required that the grantee should, for every 100 acres of land granted,
+enter into bonds to employ one convict for the term of his
+transportation, or the average, ten years. By receiving a second convict
+for one year, he was promised a bonus of a second 100 acres.
+
+This condition was a serious obstacle to the ready sale of location
+orders. It was not, however, unnecessary: many casual visitors and
+masters of merchantmen obtained grants, which they sold instantly and
+cleared a considerable sum. Land speculators were greatly disconcerted
+by the incumbrance: many were anxious to throw up land orders, and
+attempted to recover money for the goods given in exchange. A trial
+(1825), in which Mr. Underwood, of Sydney, was the plaintiff, is a
+curious example of this traffic. The defendant had given in payment for
+21 cwt. of sugar, an order for 200 acres of land; but when the convict
+clause was promulgated, the land was deemed worthless, and the plaintiff
+sued for £59, the price of the sugar. The judge, however, resisted the
+claim, and declared that the order had paid for the sugar, although its
+sale was clandestine and illegal.
+
+The occupation of land was considered a sufficient proof of ownership,
+if not disputed within a short period, or negatived by written evidence.
+To resume a location, as the courts were then constituted, required the
+issue of a special commission, and could be only effected through a
+jury. On a trial, in which the Rev. Robert Knopwood was defendant, Judge
+Field stated that the conditions of early grants were practically void.
+Knopwood had agreed to sell the estate of Cottage Green for £2,000, to
+Captain Jones, who paid £1,000 in hand, and entered into bonds for
+£1,000 for payment of the residue. Knopwood bound himself in a similar
+penalty to give up the premises when the whole sum should be paid. The
+widow of Jones sued for release from this bond (1821). The lawyers urged
+that Knopwood had violated the clause against alienation, and was liable
+to forfeit the whole. The judge refused to entertain this plea; but set
+aside the forfeiture as unequal: the estate, according to witnesses, was
+not worth more than £1,000. The judge strongly condemned the unclerical
+rigour of the defendant. The celebrity of Cottage Green, now occupied by
+extensive mercantile establishments, gives special interest to the
+judgment.
+
+Efforts to resume land, not properly conveyed, were successfully
+resisted; and jurors appear to have determined, at all times, to deny a
+verdict to the crown. In 1824, in an action for intrusion (Rex _v._
+Cooper), the jury delivered a verdict, that "the defendant had obtained
+possession in the usual manner." The judges asserted that no title was
+good, except such as passed under the great seal. A locatee, in an
+action of ejectment (Birchell _v._ Glover), who possessed from 1811
+until 1823, was supplanted by a person in 1824, who obtained a grant:
+the judge directed for the defendant, but the jury found for the
+plaintiff. A similar case (Martin _v._ Munn, 1833), was tried three
+times with the same issue. The judge directed, that although long
+occupation by the plaintiff were proved, the grant to the defendant was
+a virtual resumption by the crown: this the jury considered
+inequitable, and found for the original occupier.
+
+The trial of a cause in Van Diemen's Land (Terry _v._ Spode, 1835), led
+to the exposure of a fatal error in land titles throughout the colonies.
+Spode had claimed and taken possession of a portion of land occupied by
+Terry, who brought an action of ejectment: the jury gave a verdict in
+his favour; but it was stated by counsel that both grants were
+"defective and void in law."
+
+This error had been discovered by Mr. Alfred Stephen (1829). The
+secretary of state was consulted, and authority received by Arthur to
+amend the form. The royal instructions had authorised the governors to
+grant lands, which they had always issued in their own names, instead of
+in the name of the king. The judges stated that in every case, whether
+of a subject or the king, a conveyance must be made in the name of the
+owner, and not of the attorney. These grants were, therefore, utterly
+void. In New South Wales the defect was cured by special legislation;
+but in Van Diemen's Land every grant was subject to an ordeal. Those
+already issued by Arthur had been legally worded after the defect was
+discovered; but the government of New South Wales continued the invalid
+form, until the judgment of the court led to its revision.[173]
+
+The importance of settling the titles to land was universally felt, but
+the difficulties were not easily overcome. Prior to 1826, the Van
+Diemen's Land grants were drawn up in New South Wales. They were full of
+errors of all kinds: the boundaries, quantity, and names were
+mis-described; the land intended for one man was conveyed to another;
+inaccurate charts, on which grants were marked, multiplied mistakes; the
+surveyors ran their chains over the land, and marked off five or six
+farms in as many hours. They erased and altered their descriptions:
+accurate measurement discovered that many were without a title to the
+land in their possession, or that their grants were partly occupied by a
+next neighbour. The dates of these instruments were often arbitrary, yet
+they bound to cultivation and non-alienation, and often within years
+already past. Some printed forms contained stipulations not applicable,
+and became inoperative on the face of them: they described hundreds of
+acres in excess, but stated that those beyond the king's instructions,
+should be taken as not granted at all.
+
+When Mr. Alfred Stephen pointed out the defect in form, the government
+concealed the mistake until the king granted authority for correcting
+the error by royal warrant, received in 1830. It now became necessary to
+ascertain disputed titles. It was proposed by some to establish them by
+a general act: against this course Mr. A. Stephen protested, and pointed
+out consequences, that proved his objections were just. Many of these
+illustrate the idle and fraudulent manner in which the public business
+is often transacted. A grant issued in 1823, gave one side-line 32
+acres, written over an erasure. An investigation took place: a record
+book kept in Hobart Town shewed a similar erasure. The same entry had
+been preserved at New South Wales, and there it was 22 acres: the
+holding party was innocent; but his title was invalid. Still more
+extensive erasures were discovered in a valuable property; the entire
+description had been changed and another substituted. At Richmond, two
+persons selected land adjoining each other: their grants had been
+exchanged, and he who was thus deprived of the most valuable, resorted
+to a chancery suit for its recovery. At Norfolk Plains a great many
+farms were located and occupied for a number of years. They commenced
+their measurements from opposite points, and each farm gradually
+approximated. When their lands were surveyed by the grant deeds, every
+owner found that his side-line advanced upon his neighbour, until at
+last the central proprietor saw his estate absorbed. In Oatlands, two
+properties were measured according to the common practice: the
+side-lines were guessed at; one cultivated, and the other sold his
+property; but when measured, the improver of his estate discovered that
+his homestead, and nearly one hundred acres of his land fell by
+description to his neighbour.
+
+At Bagdad Rivulet, a surveyor measured eight grants adjoining. All the
+bearings given in the grants were mistaken: to adjust them, one would
+lose the back of his farm and take his neighbour's, who would go on the
+next location and obtain a well cultivated farm.
+
+To have confirmed all former titles would have been obviously unjust. In
+1823, a location was given, but abandoned. Sorell advised a settler that
+came after to take the land, which he did. For fourteen years he lived
+there, and spent £3,000: the original owner re-appeared with a Brisbane
+grant, as a claimant of this property.
+
+Colonel Arthur adopted Stephen's recommendation in 1831, and announced
+in the _Gazette_, January following, its approval by the secretary of
+state.
+
+All existing grants being invalid, the settlers depended on the justice
+of the crown to perfect their titles. The royal warrant of the king
+authorised the renunciation of claims founded on the informality, and
+deeds drawn in the king's name, containing the same conditions as the
+governors' grants, were offered at 5s. Now, however, the grants
+contained a true description of the land, and the name of the rightful
+possessor. The loose system of conveyancing, formerly expressed rather
+the intention than the act of transfer. Property had been subdivided,
+especially in the town: these parcels, however small, were now conveyed
+direct to the actual owner, subject to their proportion of quit rent.
+Possession and reputed ownership, were taken as a title. Those whose
+property was in excess, or less than their description, had their
+proportion of quit rents adjusted. The governor threatened with
+resumption lands obtained by exhibiting false pretensions to capital, or
+alienated before the period prescribed, or by collusive sheriff's sales.
+Oblivion was granted to breaches of conditions, when not fraudulent, on
+payment of 6d. per acre fine. Commissioners, James Simpson and George
+Frankland, Esqrs., were appointed to carry out this admirable plan
+(1832).
+
+An act, constituting the caveat board a court of equity and good
+conscience, was passed in 1835. The gentlemen who framed it held the
+board, "in the sacred light of a court," although the concurrence of the
+governor was necessary to render its decisions valid. Commissioners were
+appointed to examine on oath. They were empowered to obtain a verdict
+from a jury in a special case: by appealing to the judge of the supreme
+court, they could submit a feigned issue for trial. In clear cases,
+however, after three months' notice, they were permitted to adjudicate.
+The decisions of this board have usually satisfied the public: they have
+been nearly always confirmed, and have prevented boundless
+litigation.[174]
+
+Many surveyors were employed, who acted in the several districts (1838).
+The survey of 100 acres was effected for £5, of 2,000 for £20. The list
+of locations being published, the surveyor-general held a movable court,
+to identify and arrange the boundaries. It was part of his duty to
+mediate between the contending parties. These preliminaries being
+settled, the commissioners issued grants to such as made good their
+claim.
+
+The proof of intention on the part of any officers, by custom entitled
+to grant occupation, has commonly barred the rights of the crown; but
+for this, a large amount of practical injustice must have been
+inflicted. Such was the only form in which grants could be distributed,
+when the country was just occupied, and the science of mensuration and
+accounts almost unknown.
+
+To this, the case of the heir-at-law of Major Abbott is nearly a
+solitary exception. Being about to retire from office, Major Abbott
+applied for a reserve of 210 valuable acres at Launceston, and 3,000
+acres elsewhere. On the recommendation of Sorell, then lieutenant-governor,
+who stated minutely the land desired, Sir Thomas Brisbane ordered the
+ground to be marked off as "crown reserves:" and Sorell, being just
+superseded, wrote on the order with a pencil the name of Abbott. Several
+persons at Launceston regretted the alienation of land useful to the
+township, and petitioned accordingly. Their views were favored by Arthur,
+and the claim of Abbott was supported by Sorell. Lord Bathurst ordered the
+grants in question to be given. Arthur, however, again appealed, and the
+decision in favour of Abbott was cancelled; but the 3,000 acres, reserved
+in the same terms and at the same time, were confirmed. Major Abbott
+through life maintained his right to the Launceston reserve, and devolved
+its prosecution on his son; for twenty years he contested his right with
+the agents of the crown. During the litigation its value has ranged from
+£2,000 to £8,000.
+
+On an appeal to the secretary of state, Lord John Russell referred the
+claimant to trial by jury. He erected a house on the ground: this a
+chain gang was employed to destroy. He brought his action for trespass,
+which the law officers met by a demurrer. On his application for a deed
+of grant, a caveat was entered by Major Wentworth. Two of the
+commissioners decided in Abbott's favour, and the third, Dr. Turnbull,
+against him. The usual course was to issue grants on the decision of the
+major part: this the governor refused, and the case was once more
+referred to the secretary of state. In 1849, Earl Grey declared that the
+governor had exercised a sound discretion in refusing the advice of the
+caveat board,[175] and thus finally negatived the claim.
+
+The intention of Sorell in favour of Major Abbott is clear: the
+provisional reserve of the land in his behalf is clear also. The views
+of Sir Thomas Brisbane are not so indisputable; but they probably
+changed on a remonstrance being offered by Arthur. The official answer
+to Sorell's application was a description of the reserve solicited,
+unaccompanied with demur or question: it was understood by Sorell to
+mean approval; and, but for subsequent interference, a grant would have
+issued of course. Where no corruption can be suspected, actual or
+ultimate value is certainly no equitable objection to perfect a claim
+founded on the custom, and created by the authorities of the time.
+
+Except the grants claimed under the Downing-street regulations, lands
+were bestowed at the discretion of the governor, to the extent of 2,650
+acres. Many received still larger quantities at different times. The
+arrest of robbers, the cultivation of flax or hops, the capture or
+conciliation of the aborigines, and losses by fire, were occasions for
+the governor's benevolence: other and less respectable causes were
+attributed, and scarcely require enumeration.
+
+The large discretion of the governor was asserted by Sir George Murray.
+Mr. Hall, the editor of the _Monitor_, had been refused a grant by
+Darling, while others were freely indulged. He complained; but was told
+by the secretary of state (1829), that the governor could judge most
+correctly of an applicant, and that his decision would be usually held
+final.
+
+The collection of quit-rents has baffled the agents of the crown: at
+first, the amount was too small to repay the trouble of collection, and
+for both colonies, in 1824, did not exceed £400 per annum.
+
+A large number of grants in Van Diemen's Land became liable in 1831, and
+notice was given that payment would be enforced. The settlers of
+Cornwall, led by Messrs. Bryan, Joseph Archer, and Gleadow, signed a
+petition to the crown, which complained that the exaction was partial
+and oppressive. The governor promised to forward the memorial, but
+stated that he had no ground to expect that the claim would be ever
+relaxed.
+
+Notwithstanding, in 1834, Arthur proposed a composition. He offered a
+release at ten instead of twenty years' purchase, if accepted within one
+year; without, however, allowing any set-off "for convict
+maintenance"--equal, in some cases, to the whole sum. In 1836, he
+proposed to intercede with the crown to relinquish all claims up to that
+year, a bond being given by the debtor for the arrears, if required:
+these offers were but little successful.
+
+To prevent a return to this topic, it may be added, that in 1841 Sir
+John Franklin offered to mediate for a remission of accumulations prior
+to 1835, provided all from that date were liquidated by yearly
+instalments. The total amount of quit-rent is estimated at £15,000
+a-year, including the towns.
+
+The collection of quit-rents is a curious instance of dodging--the
+government to obtain, and the settlers to evade. Those debtors drawn
+into payment, could demand in equity that the indulgence granted to
+defaulters should be communicated to them: they were allowed a set-off
+in future payments. Those who redeemed their quit-rent were less
+favored.
+
+The extinction of uncertain obligations would be a public boon, if only
+for their tendency to produce discontent and habits of evasion. The
+reservations of timber and material, and right of road-making, are
+hardly less impolitic. If the law should oblige a proprietor to
+accommodate his country, equity prescribes his fair indemnity. A
+functionary might cut through a settler's estate in malevolence, and
+destroy the approaches to his dwellings, under terms without tangible
+limitation. In 1831, the government authorised a party to go through an
+orchard, planted on a Macquarie grant, to enlarge a road to the ferry at
+Risdon. The owner brought his action, and the assessors gave him a
+verdict. The lawyers pleaded the general invalidity of colonial titles,
+and thus the right of the crown to resume! In 1824, the roads were
+thirty feet: in 1827, they were increased to sixty; and the attempt was
+made to take from a location given under the old rule, the increased
+breadth stipulated by the new.[176]
+
+"A strange rumour," said a colonial editor, "has reached us, that free
+grants of land will be conferred no more." Lord Ripon's regulations were
+published in London, January 20th, 1831. They were framed to obviate the
+theoretical and practical evils attributed to the easy acquisition of
+land; to terminate the prodigality of governors, and the frequent
+quarrels occasioned by their favoritism; and above all, to prevent
+laborers from becoming landholders, and the tendency of colonists to
+scatter over territories they can not cultivate. This important change,
+which excited alarm or exultation in the colonies, was only noticed in
+one London newspaper: with such indifference was a system regarded,
+destined to produce the most important national consequences.
+
+Except reserves intended for public use, crown lands were offered for
+sale to the highest bidders, at the upset price of five shillings, and
+for the first time, to the usual reservation were added precious metals.
+
+Arthur, who greatly disapproved the application of these rules to Van
+Diemen's Land, where no tendency to dispersion had been displayed, and
+where free grants of land formed the basis of the convict system,
+manfully employed the last hours of patronage. The lands in the towns
+were rapidly disposed of, and all who could prefer a reasonable claim,
+were readily indulged. A few grants were bestowed by the special favor
+of Arthur: 205,000 acres were alienated chiefly in grants of extension,
+due by the terms of the original grants. Those whose expectations were
+satisfied, were not displeased with a measure which gave a definite
+value to estates, and when once the principle was established, the
+higher the price of crown lands, the greater the nominal value of their
+own.
+
+A large number of persons, by neglect of the conditions, were liable to
+forfeiture; but among them were several favorite officers of the
+governor, or members of his own family. It was stated, without
+contradiction, that the surveyor-general sold his maximum grant for
+£1,700, when none of the conditions were fulfilled. An attorney-general
+not only parted with his property, but obtained afterwards a grant in
+extension for improvements he never made; and a gentleman, who had not
+visited the country, but was related to several persons of influence,
+obtained both a country and a town allotment.[177]
+
+Lord Ripon's regulations disappointed many officers intending to settle
+in the Australian colonies; but against this a provision was made
+(August, 1831), which entitled them to a remission of from £150 to £300,
+according to rank. They were, however, to give bonds for residence on
+the land so obtained.
+
+The ready sale of waste lands seemed to justify their valuation by the
+crown. In 1832, £44,000 were netted, at nearly twelve shillings per
+acre. This high average was occasioned by the sale of valuable reserves:
+those of Ross were sold, some portions at 29s. per acre. The governor
+complained that the sale of town allotments led to speculation and
+limited improvements; he therefore offered land on three years' leases,
+except at Hobart Town, at the usual quit-rent, and exacted the promise
+to erect buildings of brick or stone. The absence of competition for the
+country allotments threatened to limit the proprietorship; but this
+precaution was forbidden by the secretary of state in 1835, when the
+system of granting lands at quit-rents finally terminated.
+
+FOOTNOTES:
+
+[Footnote 172: _Sydney Gazette_, 1822.]
+
+[Footnote 173: Copy of a grant of 1,500 acres:--"Whereas full power and
+authority for granting lands in the territory of New South Wales are
+vested in his Majesty's captain-general and governor-in-chief (or in his
+absence the lieutenant-governor for the time being) in and over the said
+territory and its dependencies by his Majesty's instructions under the
+royal sign manual, bearing date respectively the 25th day of April 1787
+and the 20th day of August 1789: In pursuance of the power and authority
+vested in me as aforesaid, I do by these presents give and grant unto A.
+B. his heirs and assigns, to have and to hold for ever, 1,500 acres of
+land lying and situate in the ---- district, Van Diemen's Land, bounded,
+&c. &c. &c. &c., to be had and held by him the said A. B. his heirs and
+assigns, free from all taxes, quit-rents, and other acknowledgements,
+for the space of five years from the date hereof; provided always, and
+it is hereby expressed to be understood that the said A. B. the grantee
+in these presents named, shall in no ways either directly or indirectly
+sell, alienate, or transfer any part or parcel of the land hereby
+granted within the said term of five years; and also provided always
+that the said A. B. should clear and cultivate, or cause to be cleared
+and cultivated, within the said term of five years, the quantity of 75
+acres of the said land hereby granted, otherwise the whole of the said
+land hereby granted shall revert to the crown, and the grant hereby made
+thereof shall be held and deemed null and void, and saving and reserving
+to government the right of making a public road through such part of the
+said land as may at any time be required: such timber as may be growing
+or that may grow hereafter upon the said lands, which may be deemed fit
+for naval purposes, to be reserved for the use of the crown; and paying
+an annual quit-rent of 30s. after the term or time of five years before
+mentioned. In testimony whereof," &c.]
+
+[Footnote 174: It appears to have been followed in the court, lately
+instituted in Ireland, for the sale of encumbered estates.]
+
+[Footnote 175: Despatch, 10th June, 1849.]
+
+[Footnote 176: Bastian _v._ Bridger.]
+
+
+
+
+SECTION XII.
+
+
+A work of Edward Gibbon Wakefield, professed to detect the errors in
+British colonisation, and to prescribe a new and more effective
+plan.[178] It consisted in selling land at "a sufficient price" to
+combine labor and capital, to collect all the elements of civilisation,
+to prevent the dispersion of population, the premature possession of
+land by the workman, and speculation by jobbers. Thus a colony, on this
+model, was compared to a tree transplanted, the fibres of its roots
+undivided, and its branches unbroken.
+
+For several years previous to this decisive change, the desire had been
+widely expressed to relieve the parent country by the emigration of
+paupers. Sir William Horton devoted great attention to the subject. He
+visited various districts most oppressed by population, and pointed out
+the methods available to an extensive removal. The Canada Company, which
+transacted much business with him while under secretary of state, had
+purchased and re-sold crown lands; and many laborers, who were
+transferred at their own expense to that country, rapidly improved their
+condition. A committee of the Commons sat upon the subject, and a bill
+was introduced by Mr. Horton himself, to authorise the parishes to
+mortgage their poor rates. It was once intended by the government to
+levy a tax on convict laborers, and to increase its amount on artizans,
+and thus raise a fund for emigration: this project, Arthur successfully
+resisted, and large permanent resources were discovered in the sale of
+lands. The parishes were not willing to incur the outlay, and it was
+opposed by many who were persuaded that the poverty of the laborer
+resulted from oppression.[179] The intolerable degradation of the poor
+led to outrages and crimes. Large numbers were transported for agrarian
+offences, and many others had no refuge, but to obtain deliverance from
+starvation by less concerted violations of the law.
+
+Agricultural laborers were driven from town to town; offered by auction
+at two-pence a day; harnessed to gravel carts; mocked by being sent with
+a barley straw fifteen miles a day; imprisoned in pits, and kept
+standing morning after morning in a public pound. Such were the scenes
+which induced Horton to lecture through the country on redundant
+population and emigration; and to call the attention of the parliament
+to the march of poverty, pauperism, tyranny, and crime.[180]
+
+The proposition of Sir William Horton led to various projects of private
+parties, in furtherance of colonisation. Grants of land were given to
+capitalists in proportion to the laborers they conveyed; whom they were
+permitted to engage as indented servants. The scheme chiefly important
+to Van Diemen's Land, was the settlement of Swan River. Four gentlemen
+proposed to government, to convey 10,000 persons, for a grant
+equivalent. The minister thought the project too vast. Three of the
+four declined: Mr. Thomas Peel, a relative of Sir Robert Peel, still
+persevered. Many persons entrusted their capital to agents, who
+presented it, and obtained a title to possessions they never intended to
+cultivate.
+
+By the regulations published at Downing-street (December 5th, 1828), the
+settlers were allowed 40 acres for every £3 of invested capital; 200
+acres for every laborer conveyed. No convicts, or any other description
+of prisoners, were to be sent; but land granted, was to be forfeited,
+unless improved within twenty-one years. Thus, those who conveyed
+laborers, were met by competitors who had incurred no such expenses; and
+the conditions imposed neutralised each other. The settler who carried
+out labour, found his servant desert him to occupy land acquired by the
+capitalist who carried out money. Of three hundred persons embarked by
+Mr. Peel, in a few months not one remained to light his fire; but the
+recreant workmen were soon reduced to want. Many, under their broken
+indentures, claimed relief of Mr. Peel, whose flocks had been scattered,
+and his property destroyed by their desertion. He was glad to hide from
+their violence, while they were embarking for the neighbouring colonies.
+Respectable families were compelled to perform the most menial offices,
+and young women of education were reduced to rags. Contributions of
+clothing were collected and forwarded by the ladies of Cornwall. Many
+were brought to Van Diemen's Land, as to a city of refuge: the
+population, from 4,000, decreased to 1,500, and the ruined landholders
+petitioned the government for a share of convict labour--a boon which
+the elder colonies deprecated, and the minister refused (1835).
+
+Swan River seemed to promise a desirable market, and the merchants
+dispatched vessels with provisions and cattle: Mr. Gellibrand speculated
+largely. On the whole, the returns were not equal to the outlay; and
+although sometimes great profits were realised, Van Diemen's Land was
+injured by the trade.
+
+Scarcely were the settlers of Western Australia landed, when another
+colony, Spencer's Gulf, was projected. The authors of this scheme
+imputed serious detects to the plan of its immediate predecessor. The
+low price and extensive holdings, the want of combinable laborers, and
+the imperfect organisation of its social fabric, seemed to account for
+its disasters. A body of persons, concurring in the Wakefield system of
+colonisation, and comprehending many members of the House of Commons,
+formed themselves into an association, and applied to the government for
+the necessary powers. After considerable discussion, the minister
+declined their proposal, and the realisation of their hopes was deferred
+several years. The more active partisans of the scheme kept it before
+the public. An act passed the legislature on the 15th of August, 1834,
+empowering the crown to erect South Australia into a British province.
+Commissioners were appointed for the sale of land, and for the
+conveyance of emigrants. It was determined that the price should be
+sufficient to prevent laborers from buying land, and furnish the cost of
+their emigration. The company were authorised to borrow £50,000. If, at
+the expiration of ten years, the population should not reach 20,000, the
+control of the land was to revert to the crown. With a population of
+50,000, they were to obtain the rights of political freedom, and no
+convict ship was to anchor on their shores. The upset price was at first
+£1, and, for a time, 12s. per acre. The intended colony was viewed with
+distrust by the elder settlements for the theoretical character of the
+plan, and its entire opposition to the then prevailing notions of penal
+labour. The advocates of the enterprise lost no occasion to denounce the
+social condition of Van Diemen's Land and New South Wales; where,
+however, the scheme was pronounced insane, and destined to certain
+disorder and ultimate overthrow. The appearance of new speculators in
+the Australian colonies compensated them for these reproaches. In
+publishing their plans, the company had always referred to supplies
+within their vicinity, as an immediate and certain reserve. The
+Tasmanian merchants met them on the shore of the royal province. Sheep
+were sent over as the basis of their flocks; timber for their huts; and
+the various produce of rural wealth, originally brought at great cost
+from Europe. A long succession of adventurers raised the value of
+produce throughout the colonies; and individuals realised large profits
+in the trade; but when the arrivals from England ceased, the new colony
+was involved in whatever misfortunes its peculiar plan was supposed to
+avert. Many hundreds, driven out by poverty, settled in the penal
+colonies, and the property of Adelaide became unsaleable: the frail
+dwellings were deserted, and the land lay utterly waste. Of the Adelaide
+traders, scarcely a house escaped insolvency, and the loss was total.
+Those who remained turned their land to account: their flocks increased,
+and the discovery of the mines happily realised more than their early
+hopes. The lands sold by the company were freed from the mineral
+reservation.
+
+An old gentleman, named Mengè, formerly an attendant on a distinguished
+German geologist, was the discoverer of its mineral riches. He was
+employed by Mr. George F. Angus to select his special surveys. His
+occasional choice of rocks and barren soil excited ridicule and
+astonishment; but he was accustomed to say, "the wealth is below, not
+upon the ground." He lived in the cleft of a rock at the junction of the
+Gawler and Para, near a plot of forty acres, almost surrounded with
+water, where he cultivated melons of every variety. He spoke many
+languages, and had travelled through Germany, Switzerland, and Iceland.
+A mineral collection he made, is in the University Museum, Edinburgh.
+His excursions in South Australia were intrepid, and extended far: he
+carried a wallet and a hammer, and subsisted during his wandering on
+gum. His conversation was visionary; and his predictions, at the time,
+but little regarded.
+
+The coast of New Holland, opposite to Van Diemen's Land, was almost
+neglected since the removal of the colony in 1803. Various reports were
+brought by whalers of its suitableness for sheep farming. Howell, Hume,
+and Batman had explored the country in 1824, and had acquired some
+knowledge of its quality. In 1827, an application was made by Messrs. J.
+T. Gellibrand and Batman to General Darling, for permission to land
+stock, to the amount of £5,000, in the neighbourhood of Western Port.
+This project failed; but in 1835, Mr. Batman, called the Australian
+Penn, acting for certain colonists, of whom a nephew of Arthur was one,
+proceeded to Port Phillip. Several Sydney blacks, under his care, had
+acquired the English language, and accompanied him thither. This
+important expedition embarked in a colonial vessel, and landed on the
+26th May, on the shore of Port Phillip. The civilised blacks were now
+decked with native ornaments, and advanced towards the fires of the
+aborigines; but they had fled. They were, however, tracked by Batman's
+company, who opened a friendly conference, and were perfectly
+understood. The natives displayed some apprehension, and intimated they
+had already experienced injury from the English. Batman gave them
+presents of tomahawks and trinkets, and conciliated their fullest
+confidence. Some time after, the party met the chief of another tribe,
+who had heard reports of the white man's liberality: he conducted them
+towards the huts; but in their progress they were surprised by an
+hostile array of the natives. The blacks of Batman's party called out
+to them, and amity was established. Batman took the spear of the chief,
+who carried his gun. He then proposed to live among them: the conditions
+were explained to their satisfaction. The treaty of Penn with the
+Indians was the model of the covenant with the tribe of Dutegaller. They
+conveyed a track of 600,000 acres, for blankets and other objects of
+native desire, and an annual payment of similar articles to the value of
+£200. This deed was signed, sealed, and delivered by the natives in due
+form.
+
+The report of this expedition was presented to Arthur, who warmly
+concurred in the occupation, and approved the consideration of native
+rights; but observed that those rights had been disregarded in the
+recent colonisation of South Australia, and that Port Phillip was within
+the government of New South Wales. Arthur was desirous of making that
+territory dependent on Van Diemen's Land. The minister favorably noticed
+the proposal; but in the meantime Governor Bourke asserted his claim,
+and declared the company intruders, and their bargains with the natives
+void.
+
+Notwithstanding, the colony now opened was occupied by many adventurers.
+Their sheep were rapidly transferred, and the greater portion of the
+early inhabitants were settlers from Van Diemen's Land. The settlement
+was suffered with reluctance. The theory of concentration had been
+adopted only a few months before; but, except by setting up a government
+on the spot, it was found that an illegal occupation of land could not
+be prevented. Governor Bourke wrote to the secretary of state, that
+whatever the general wisdom of concentration, an opposite course was
+necessary for pastoral wealth; and that to neglect nutritious food,
+would be to reject "the bounty of providence." He proposed to sell the
+land in townships, and employ the proceeds in the public service.
+
+Lord Glenelg confessed that the scheme of concentration was not of
+universal application: that Lord Ripon's regulations were not everywhere
+desirable, and that it was proper to tolerate the ardour of private
+enterprise; to moderate its course, and gather up its fruits. The
+Dutegaller association was dissolved; but not until they had given an
+impulse to colonisation, more rapid than any example offered by history.
+This peaceable occupation, contrasted with the cruelties inflicted at
+Twofold Bay--a whaling station, now rising into a province.
+
+While these plans of colonisation were in progress, the social
+condition of the penal colonies was constantly discussed. To correct the
+evils admitted on the spot, and to obviate the dangers apprehended at
+home, it was determined by the ministers to promote the emigration of
+mechanics and females. One series of plans were proposed for New South
+Wales and Van Diemen's Land, and with the same general results. The
+policy of government required the emigration of free mechanics.
+
+The employment of prisoner artizans by the local government, was
+disapproved by the crown, and Colonel Arthur was instructed to assign
+them to masters, and contract for public works. In defending this
+measure, he had maintained that the high rate of wages would subvert the
+design of transportation: the employer would indulge the workmen, and to
+obtain their full strength supply the means of sensual gratification.
+
+In 1831, a notice appeared inviting the opinions of the colonists on the
+subject of emigration. Lord Goderich solicited the assistance of the
+settlers in removing the population which the colonies might employ, and
+England spare. They were requested to state what amount of money they
+would engage to afford, and what class of servants they required. Such
+as contributed to the cost were promised a preferable claim to engage
+them. The notice was received in silence: no public meeting was held.
+The servants of the Van Diemen's Land Company had generally deserted
+their employers; and in the colonies, the valuation of pauper laborers,
+compared with convicts, was not great; and although some extended their
+views beyond the moment, the chief object of most persons was to secure
+a fortune and be gone. The settlers dreaded the vicinity of small
+farmers, as fatal to the discipline of their men, and to the safety of
+their flocks.[181]
+
+This notice was on its way, when Lord Howick, on the behalf of the
+colonial-office, addressed the lords of the treasury, and proposed a
+loan of £10,000, to be repayed by the land fund. The proceeds of sales
+were then a matter of conjecture; but it was the opinion of the
+secretary of state, that these resources should be devoted to
+emigration, especially of females. He calculated that a growing
+population would more than compensate for the cost, by extending the
+basis of colonial revenue (1831). In this view their lordships
+concurred, and a commission was instantly appointed, to carry out the
+design.
+
+During this emigration the supply of labor exceeded the demand, and a
+benevolent society was formed to succour the numerous poor. The governor
+advised that no laborers, except mechanics, should be sent, and four
+members of the legislative council protested against the outlay. They
+stated that the support of 10,000 prisoners, without expense to England,
+was a sufficient benefit for a colony to confer; that the "poor house
+prisoners," and the "gaol prisoners," were equally demoralised; and the
+first more insolent and uncontrollable. They contended that the
+expenditure of the land fund out of the colony was to complete the
+mischief resulting from the cessation of grants, "the calamities of
+which it was fearful to anticipate."[182]
+
+The colony was thought likely to afford a desirable home for Chelsea
+pensioners, who commuted their pensions for four years' payment.
+Forty-six embarked in the _Science_, with Messrs. Backhouse and Walker,
+whose reports of their conduct explain their subsequent misfortunes.
+They were intemperate and thriftless, and passed the voyage in disorder.
+The women were nothing superior to their husbands.[183] On their
+arrival, they expended their money, and sunk into misery. To this there
+were some exceptions, and here and there an old soldier may be found,
+whose property has risen in value, to a competence for his declining
+life. The land they were enabled to acquire was, however, generally too
+small in quantity to yield a living, from their unskilled and irregular
+toil. Their distress excited more discussion than sympathy. They
+requested the sheriff to call a meeting, to inform the crown of "their
+unspeakable sufferings."
+
+The home government resolved to advance £20 to married mechanics willing
+to emigrate to this colony. They gave the parties the amount, who were
+expected to sign a warrant of attorney for its repayment within two
+years. Many emigrated, but few paid: a Mr. John Hose, who did so, was
+noticed for his singular honesty; but the greater part evaded the
+liability with success. Females were expected to repay £8 towards their
+passage; but many were minors, and the proof of their hand-writing was
+not easy, and few regarded the obligation as just. The demand of this
+pledge contracted the choice of emigrants: many country girls refused to
+sign their names to a paper, promising a sum equal to the English wages
+of a year; or to enter into engagements, of which they could not see the
+end. The ordinary revenue was charged with payment and collection
+arising from this scheme; but the land fund eventually defrayed the
+loss.
+
+A succession of vessels, with mechanics and females, anchored at Hobart
+Town: the _Amelia Thompson_ at Launceston. A committee of ladies in
+London, of whom Mrs. Fry was the most distinguished, undertook the
+selection of the females. They were commended for their philanthropy and
+care in England: in the colonies, they received but little praise. Mr.
+Marshall, a considerable shipowner, was appointed agent. To fill his
+vessels, was said to be the main object of his efforts, and that he held
+a low scale of female morality would not be unacceptable. The statements
+of the colonial press were often undiscriminating and highly unjust:
+many valuable women were included in these immigrations; many were girls
+of tender years, whose chief fault was their ignorance.
+
+The debarkation of these females occasioned scenes, more subjects of
+regret than of wonder. Thus, on the arrival of the _Strathfieldsay_
+(1834), the fair emigrants, 286, most of good character, were
+indiscreetly landed at high noon: 2,000 persons awaited them on the
+beach. Their feelings were outraged with ribaldry and insult: they were
+astounded at their reception, and many wept. The ladies of the colony
+protected and advanced them; and some, whose want drove them from their
+native country, remember the day with gratitude when they first pressed
+the soil of Tasmania. 1,280 females were brought to the colony in three
+years, ending 1835; and rather more to New South Wales.
+
+The emigrant rarely appears to advantage: the occupation of a new
+sphere, in which his position is uncertain, renders his manners awkward,
+and his expectations ridiculous. The disorderly conduct of many made
+their presence a burden, and their civil condition no great advantage to
+their masters. Yet, since it was necessary to labor or to starve, the
+greater portion chose the better alternative; and the women of decent
+habits, found that destiny for which nature designed them.
+
+The extravagant expectations formed by many emigrants, fostered by
+reports of individual success, which when substantially true are still
+exaggerated by fancy, were commonly disappointed. The suspicious
+coolness of strangers; the high price of provisions; the comfortless
+dwellings, with their awkward fuel; the absence of conveniences, which
+are not valued until lost; and the memory of home, produced a depression
+of spirits, only overcome by reason or youth. But their complaints of
+after years, are the result of affectation and habit: they pretend to
+have sacrificed a lot, from which in reality they escaped; and forget
+that in the midst of those scenes they profess to regret, they often
+wanted a meal.
+
+A curious instance occurred at an early time: a settler took a location
+order and provisions, and went out to commence his labors. He was
+disheartened by the obstruction of the forest: at his first stroke, the
+axe was shivered; he threw it down in despair, and returned home in the
+vessel that brought him out.
+
+The emigrants were not, on the whole, inferior to other persons of their
+education and calling; and were often justified in resisting the
+tyrannical spirit and disposition to oppress, which the habits of
+colonial life do not extinguish. This emigration, amounting to 7,000 for
+both colonies, is an epoch to be remembered for its influence on their
+fate.
+
+These events revolutionised the social state of the colonies. Free
+workmen and their families formed an intermediate class, whose interests
+were hostile to a penal government, and to bond labor in every form. The
+individual importance of employers consoled them for their political
+dependence; and the subservience of transportation to their material
+prosperity, reconciled them to the restrictions it imposed. The free
+workman found it an obstacle to his advancement: it depressed his wages
+and debased his position, but gave him nothing. If his industry raised
+him, he yet retained the sympathies of his early life: he remained
+distrustful of the rich, jealous of rank, and fond of the equality of
+human rights. Trial by jury, legislative assemblies, and official
+responsibility, found earnest advocates, where they had often been mere
+rallying points of personal discontent.
+
+All this was foreseen by Arthur: when free laborers were intruded by the
+crown, the great bond of his system was broken.
+
+-------------------------------------------------------------------------------
+       DISPOSAL OF CROWN LANDS IN NEW SOUTH WALES AND VAN DIEMEN'S LAND.
+---------------+-------+--------------------+---------------+------------------
+  Authority.   | Date. |       Terms.       |  Superseded.  |     Remarks.
+---------------+-------+--------------------+---------------+------------------
+King's sign    |1787   |Residence on the    |1810.          |100 acres only to
+ manual to     |and    | grant.             |               | any person, over
+ governors of  |1789.  |Cultivation and     |               | the quantity
+ New South     |       | improvement.       |               | allowed to
+ Wales.        |       |Reservation of naval|               | emancipists.
+               |       | timber.            |               |
+               |       |Quit rent:          |               |
+               |       | emancipists. 6d.   |               |
+               |       | per 30 acres; free |               |
+               |       | settlers, 2s. per  |               |
+               |       | 100 acres, after   |               |
+               |       | ten years.         |               |
+               |       |                    |               |
+Governor       |January|Quit-rent, 2s. per  |November 30,   |Town allotments
+ Macquarie.    |1, 1810| 100 acres.         | 1821.         | usually leased at
+               |       |Cultivation of a    |               | Hobart Town for
+               |       | proportion (20th   |               | twenty-one years,
+               |       | part) in five years|               | quit rent 30s.
+               |       |Reservation of naval|               | per acre; 7 only
+               |       | timber.            |               | were granted,
+               |       |Right of forming    |               | 1820. Allotments
+               |       | highways.          |               | were occupied at
+               |       |Non-alienation in   |               | Launceston on
+               |       | five years.        |               | permission of the
+               |       |                    |               | commandant.--
+               |       |                    |               | _Bigge's Report._
+               |       |                    |               |
+Governor       |July   |Omits cultivation   |Colonial       |
+ Brisbane.     |11,    | clause, and saddles| Office,       |
+               |1822.  | every 100 acres    | November, 1824|
+               |       | with a convict     |Notified in Van|
+               |       | servant. This was  | Diemen's Land,|
+               |       | cancelled by       | 18th May, 1825|
+               |       | indorsement on some|               |
+               |       | grants, on         |               |
+               |       | condition of       |               |
+               |       | cultivation.       |               |
+               |       |                    |               |
+               |1823.  |Grants liable to    |               |
+               |       | quit-rent of 15s.  |               |
+               |       | per 100 acres.     |               |
+               |       |                    |               |
+Colonial Office|1824.  |Convict clause      |Convict clause |Town lots granted
+               |       | inserted. Purchase | withdrawn, in | on specified
+               |       | money repaid, if   | 3rd edit. of  | expenditure
+               |       | claimed within ten | notice, 1827. | within three
+               |       | years, or for the  |               | years, and
+               |       | redemption of quit |               | non-alienation
+               |       | rent.              |               | for 18 months.
+               |       |Quit rent 5 per     |               |
+               |       | cent. value.       |               |
+               |       |                    |               |
+               |April, |Settlers who could  |               |
+               |1826.  | obtain no convicts,|               |
+               |       | allowed abatement  |               |
+               |       | of half quit-rent; |               |
+               |       | or a new purchase  |               |
+               |       | at half price, who |               |
+               |       | should expend five |               |
+               |       | times value of the |               |
+               |       | grants, given or   |               |
+               |       | sold them.         |               |
+               |       |                    |               |
+Governor Arthur|1828.  |Land Board          |January 20,    |
+               |       | established;       | 1831.         |
+               |       | capital required,  |               |
+               |       | £500 for each      |               |
+               |       | square mile granted|               |
+               |       |Land sold at highest|               |
+               |       | tender; one-half   |               |
+               |       | left on mortgage   |               |
+               |       | for twelve years,  |               |
+               |       | at 5 per cent.     |               |
+               |       |Precious metals     |               |
+               |       | reserved.          |               |
+               |       |                    |               |
+Colonial Office|January|Order: all land to  |August, 1838.  |
+               |20,    | be sold by public  |               |
+               |1831.  | sale; upset price  |               |
+               |       | 5s., conveyed in   |               |
+               |       | fee simple at a    |               |
+               |       | peppercorn rent.   |               |
+               |       |Precious metals     |               |
+               |       | reserved, and      |               |
+               |       | indigenous produce |               |
+               |       | for public works.  |               |
+               |       |                    |               |
+Colonial Office|August,|12s. per acre.      |1842.          |
+               | 1838. |                    |               |
+               |       |                    |               |
+               |1842.  |£1 per acre.        |1845.[184]     |
+---------------+-------+--------------------+---------------+-----------
+
+
+FOOTNOTES:
+
+[Footnote 177: _Report on the Disposal of Crown Land_, 1836.]
+
+[Footnote 178: _England and America._]
+
+[Footnote 179: The plan of selling crown lands, and appropriating the
+proceeds to emigration, was claimed as his own by Galt, the novelist and
+projector. See _Life of John Galt_, vol. ii. p. 135.]
+
+[Footnote 180: _Edinburgh Review_, 1849.]
+
+[Footnote 181: "We are much mistaken, if the letters addressed
+to the secretary exceed six, and they are written by the paid
+magistracy."--_Launceston Advertiser_, 1832.]
+
+[Footnote 182: Protesters:--Charles Swanston, Charles M'Lachlan, Richard
+Willis, John Kerr. October, 1833.]
+
+[Footnote 183: _Backhouse's Narrative._]
+
+[Footnote 184: 1845.--The Act 5th & 6th Victoria, chap. 36,
+repealed; as to Van Diemen's Land only: which returned to the status of
+1787.]
+
+
+
+
+SECTION XIII.
+
+
+The increasing population of the Australian colonies led to important
+changes in their monetary institutions. Hitherto the stock employed in
+banking was supplied by the merchants, or invested by East Indian
+capitalists. These local relations were not without their advantages:
+they enabled the banks to extend accommodation beyond the ordinary usage
+of companies subject to more extensive and complicated interests.
+
+The announcement of the "Leviathan," as the Bank of Australasia was
+called, created the usual amount of discussion. The capital was desired
+by those who had occasion to borrow, and dreaded by such as were
+interested in lending. It was incorporated in 1835; and commenced
+operations the following year. By granting bills on London at par, the
+manager first drew largely on the current coin. Treasury bills were no
+longer the cheapest remittance, and the disposition to purchase them
+declined. The outcry of the local banks reached the legislative council,
+and it was proposed to make a treasury bill a legal tender. An act
+passed for the purpose, but was never called into force by proclamation.
+The resources of the English enabled them to vex and contract the sphere
+of the colonial establishments; but had treasury bills become a legal
+tender, they could have redeemed their own notes by their payment, and
+thus recovered the coin which found its way into the coffers of the
+stranger.
+
+At Launceston, the quarrel between the Australasia and a local bank,
+afforded much sport to those not deeply interested. Of the Tamar Bank,
+20 per cent. only had been paid on its capital, which was exceedingly
+small compared with its discounts and issues. Every morning, the agent
+of the London took a wheel-barrow to the Tamar bank, attended by an
+armed guard, and carried away the dollars in exchange for notes. The
+superior strength of the Australasia soon brought the contest to a
+crisis, and Mr. Gilles, the manager of the Tamar, shut up his books. He,
+however, first gave warning, that such must be his course, unless it was
+agreed to restore the dollar bags to the state before the war. To this
+it was replied that, perhaps, the Tamar had exceeded the just limits of
+its capital, and an offer made to discount a bill for its accommodation.
+In the end, time was given. The parties concerned were more frightened
+than hurt: no serious injury was intended.
+
+In 1837, the Union Bank of Australia, with a capital of £1,000,000,
+divided the field. This institution was formed in England, under the
+auspices of Mr. Philip Oakden, a merchant, of Launceston. With such
+spirit was the project accepted, that the amount was subscribed in one
+day.
+
+The chief objection to these banks was their tendency to create a class
+of absentees, whose revenue withdrawn from the colonies would add
+nothing to their welfare. To this it was replied, that the repayment was
+intended to be made from profits the colonies would divide with the
+London capitalist, which, except for his assistance, could not be
+obtained.
+
+The last business address of Arthur to his council, expressed his
+antipathy to the London bank, and his hope that the monopoly attempted
+would not be successful. He asserted that the proprietary, an absentee
+body, had no interest but their own to regard, while the local banks
+were colonial in every sense. These were his views of finance, and they
+were characteristic of the time.
+
+
+
+
+SECTION XIV.
+
+
+"The glorious 23rd of May!" Such was the day and month of 1831,
+separated by those who witnessed its achievements to everlasting renown.
+The excitement of the campaign against the blacks (see vol. ii.) had
+absorbed political animosities, and brought all parties together; but by
+this time the popularity of the governor was spent. The struggle for
+parliamentary reform agitated Great Britain, and the colonists
+determined to attempt the recovery of their rights as Englishmen. So
+lively was the interest in the affairs of Europe, that the tri-color was
+mounted by more ardent politicians. The last wave of revolution, which
+had scattered thrones, rippled on these shores.
+
+A meeting was called by the sheriff, and the principal speakers were the
+Gellibrands, Crombie, Cartwright, Abbott, F. Smith, Meredith, Lascelles,
+Gregson, Dunn, Jennings, Kemp, Hewitt, and Lowes: of these, none were so
+conspicuous as Mr. Thomas Horne (a relative of the great Horne Tooke),
+afterwards puisnè judge, and who was described as the "honest barrister"
+by the admiring press. "If crushing," said the learned civilian, "is to
+be brought into operation, no doubt I shall be crushed. Let them crush
+me, and they will associate my name with the record of this meeting,
+which history will preserve to the latest period of time." The object of
+the movement was to bring under the royal notice the government of the
+colony, and to demand trial by jury, and a legislative assembly. The
+petition to the king was entrusted to the custody of Mr. Sams, who was
+proceeding to Great Britain. Whether it ever reached the throne was a
+matter of dispute: some said it had been committed to the deep, with
+much solemnity; others, that it had passed from the messenger to the
+hands of a merchant, who disregarded its fate. It obtained no reply.
+
+The colony had just reason to complain at the time. The supreme court
+had been closed for many months: the business of the legislative council
+detained the judge and attorney-general from their proper functions, and
+for nearly two years no gaol delivery had occurred at Launceston. Two
+persons, father and son, charged with cattle-stealing, had been two
+years awaiting trial, when they were both acquitted. The evidence
+against them was of the slightest description; yet during their
+detention domestic calamities of all kinds had overtaken them.
+
+The delay was still further extended by the issue of a new charter, and
+with the usual incaution of the secretary of state. This charter arrived
+1831: it nominated Mr. Pedder chief justice, and Alexander Macduff
+Baxter, puisnè judge. It made no provision for continuing process begun
+in the late court, and required colonial legislation to cure the defects
+of its details.
+
+Mr. Baxter, the puisnè judge elect, had been attorney-general of New
+South Wales. His relations with Darling had not been cordial, and he was
+disgraced in the eyes of the public by domestic differences: his wife
+was insane, and he himself was intemperate. Just before he left Sydney
+for Van Diemen's Land, he was bound over to keep the peace, and was
+declared insolvent. On his arrival, the royal warrant for his induction
+had not reached the colony, and after some delay he returned to New
+South Wales, and thence to Great Britain, where he died. Mr. Baxter
+ascribed his ruin to his grant from the crown: he employed persons to
+look after his estate, and they conducted him to beggary.[185]
+
+The lieutenant-governor resolved, if possible, to exclude Baxter from an
+office which he could only dishonor, and passed an act, pronounced by
+the lawyers a piece of "doubtful and dangerous" legislation, by which
+the clause of the charter requiring two judges was expunged, thus
+constituting the court of one. The act of parliament, however,
+authorised the measure: the council had power to repeal or annul a
+patent, until the pleasure of the crown were known. The act was
+approved, and remains among the laws. Occasions might occur, when the
+course of justice would be arrested in a small community by requiring
+many officers to constitute a court.[186]
+
+The reformers were not disheartened by their failure: they assembled
+again the following year,[187] at the request of the Hornes, the
+Gellibrands, and the Gregsons. The effort was unavailing. In 1834, it
+was renewed with still more earnestness: the former parties, reinforced
+by many important accessions, maintained the popular cause. Repeated
+disappointments excited some bitterness, which was expressed in strong
+terms.[188] Mr. Thomas Horne reminded the home government that they
+would make "a dissatisfied and turbulent people, ready to use their
+power, and assert their rights, if necessary, by force of arms." He
+advised the oblivion of minute grievances, and said, "were the angel
+Gabriel to propose one measure, and Satan another, if he considered
+Satan's the most politic, he should have the honor of adopting it."[189]
+But neither importunity nor threatenings prevailed.
+
+These efforts were renewed in the following year; but in 1835 some of
+the chief advocates of a legislative assembly deprecated the penal
+institutions of the colony, and proposed that all convicts, on their
+arrival, should be set free: of this plan, Mr. R. L. Murray was a
+distinguished advocate.
+
+A deputation from the meeting for free institutions, requested the
+intercession of the governor with the crown; but he replied, that if the
+grant of free institutions, and the discontinuance of penal coercion,
+were connected by one common advocacy, the interests of the colony, of
+the crown, and of philanthropy, would demand the most serious
+precaution. He maintained that all British rights were conceded,
+"excepting the elective franchise;" and quoted with more cleverness than
+dignity, their statements of colonial opulence, to show how little they
+had suffered by a former denial of their prayers.
+
+Mr. Gellibrand, senior, was a person of intellectual tastes and lofty
+spirit. His early life had been spent among liberal politicians: he was
+a zealous advocate of freedom, but still more of knowledge and virtue.
+
+Mr. Gellibrand, junior, was a lawyer of popular talents, whose practice
+as a barrister made office of little importance, and who, when discarded
+by Arthur, opposed him with incessant vigour. His eloquence was never
+exhausted, and his learning as a lawyer obtained him consideration in
+the court, which his boldness as a pleader often threw into jeopardy.
+Mr. Thomas Horne exhibited a fervour in the popular cause, worthy his
+kinsman. The rest were chiefly settlers, and patriots from resentment or
+conviction.
+
+These meetings preserved the principles of constitutional freedom; and
+if they did not hasten its possession, reiterated its lessons and
+prepared for its enjoyment. Whatever temporary turmoil the meetings
+created, they were conservative of great interests, and deserve a
+grateful remembrance. These appeals to the British legislature were
+commonly accepted in silence: by the crown they were graciously received
+and forgotten. They had no perceptible influence on colonial policy, and
+only acquitted the settlers of indifference to rights, which can never
+be valued at too high a price.
+
+The surplus revenue, accruing from year to year, suggested to the
+secretary of state the imposition of police, and gaol expenses on the
+colony. The non-official members of the council, except one, voted
+against the appropriation. They denied that the supposed advantages
+conferred by prisoner labor, justified a claim on the colonial funds for
+the support of a great national object; and they added this remarkable
+passage:--"The influx of moral pollution has been perpetuated, and the
+colony doomed for ever to be the gaol of Great Britain, and destined
+never to rise to any rank among the British colonies."[190] A dim
+fore-shadowing of that universal sentiment to which the constant
+attempts to lessen the profits of prisoner labor gave rise. The revenue
+was largely dependent on the consumption of liquors, and upon habits
+which generate crime and impose expenses on the public. It received an
+appropriate destination: funds contributed chiefly by drunkards for the
+repression of criminals. Such was the apology for exactions enormous,
+when compared with the population; a view not easily impugned, except
+that in such cases the interest of the government ceases to be hostile
+to vices which increase its wealth.
+
+FOOTNOTES:
+
+[Footnote 185: Letter to Darling, 1830.
+
+Major Mudie says--"Being scarcely ever sober, he left his business to be
+done by a convict clerk, who had been a lawyer of some sort previous to
+his transportation from England."--p. 245.]
+
+[Footnote 186: 9th Geo. iv. sec. 22.]
+
+[Footnote 187: August 13, 1832.]
+
+[Footnote 188: Captain Glover stated, that the events of the 23rd of May
+had been dramatised in the following strain:--The ambassador of that
+meeting was admitted to the king: "Ho, ho, Mr. Ambassador," said the
+king, "the people of Van Diemen's Land want an assembly, do they; what
+do they want it for?" The posed ambassador replies, "Because they do,
+your Majesty." "Because they do, Mr. Ambassador, is that the reason they
+gave?" "Please your Majesty, I am not certain they gave that reason."
+"What do you think of that, Goderich?" says the king. "Oh, all
+nonsense," said Goderich. The ambassador, on retiring, requested an
+answer, and was informed, "there was none." The ambassador, in his turn,
+asked the reason. "Why because we wont--that's all."]
+
+[Footnote 189: From the _Tasmanian_ report of meeting.]
+
+
+
+
+SECTION XV.
+
+
+The case of Mr. William Bryan was before the public for many years. Mr.
+Bryan was an enterprising settler, and owned 11,000 acres and extensive
+herds, and was engaged in many speculations of public utility. He
+erected a valuable mill, and under his auspices a company was formed,
+which purchased a steam vessel. She was brought to the colony by Captain
+Alexander Wales: when, however, he arrived, the project was defeated by
+the altered position of Mr. Bryan's affairs.
+
+Samuel Arnold, a herdsman of Mr. Bryan, was convicted of cattle-stealing
+(1833), and sentenced to death. The police magistrate, Mr. Lyttleton,
+who committed him for trial, alleged against his master a culpable
+incaution, and Judge Montagu uttered a severe censure from the bench on
+the same account. Mr. Lyttleton, on going outside the court, addressed
+several gentlemen, of whom Mr. Dry was one. He remarked, that though the
+man was sentenced to die, he would do his utmost to save his life; and
+added, that another person ought to be standing in his stead. This was
+supposed to refer to Mr. Bryan, who deputed a young friend, Mr. Lewis,
+to demand an explanation, or appoint a meeting. Not only did Lyttleton
+decline this, but he transmitted an account to the government, and the
+attorney-general prosecuted Lewis for endeavouring to provoke a duel.
+
+Mr. Bryan now appealed to the public, and tendered his resignation as a
+magistrate: he complained that he had been calumniated, and satisfaction
+refused. Arthur rejected his resignation, and dismissed him from the
+commission of the peace; and instantly recalled his assigned servants,
+twenty-two in number. Thus deprived of laborers, in the midst of
+harvest, his crops rotted on the ground; and his stock neglected, became
+diseased and were scattered. He was indebted to the sympathy of his
+neighbours, and to the extent of his wealth, that his property was not
+destroyed, and his credit wholly subverted. The effects of this measure
+were disastrous, and excited general distrust.
+
+Bryan ascribed his treatment to an early difference with Arthur. The
+land he obtained on his arrival was less than he claimed, and he
+appealed successfully to the secretary of state; but he was told by a
+friend of the governor, that this was an offence not to be pardoned: no
+man could appeal against Arthur with final impunity.
+
+Mr. Bryan was not altogether a martyr. He received upon the whole 4,000
+acres of land; and in a letter to Arthur, he wrote:--"Permit me to
+return you my sincere thanks (as much for the manner as the matter) of
+your very kind letter of the 11th instant. To the same principle of
+impartiality which you have evinced in my cause, I leave the increase of
+my grant, resting quite satisfied that if my exertions deserve it they
+will be rewarded."[191] Mr. Bryan had then received 1,500 acres; he
+afterwards received 2,500.
+
+Mr. Bryan instituted an action against Mr. Hortle, the agent of
+government in the recall of his servants. The issue depended greatly on
+the manner of trial--whether by assessors, or a jury of twelve. The
+court possessed a discretion. The law officers asserted, and the judges
+allowed, that the colonists were disqualified by common interest to form
+an impartial judgment, and a jury was refused. Bryan then dropped the
+action, which he objected to entrust to assessors, directed perhaps by a
+member of the executive: for the same reason he withdrew his proceedings
+against the police magistrate for defamation of character. He returned
+to England: sought redress from the ministers, but in vain. On this
+case the opinion of impartial persons can hardly err. Yet the right of
+the governor to withdraw men, though not to be exercised in a wanton and
+destructive manner, was hardly to be disputed. The opinion of the
+English law officers of the crown favored that view, although it would
+be dangerous to take their version as decisive. "We," say they, "are
+clearly of opinion, that under the 9th section of 9th Geo. iv. c. 83,
+governors can revoke assignment of a convict, of whose sentence it is
+not intended to grant any remission; and we think there is nothing
+against the apparent policy of the act which militates against that
+construction."
+
+For carrying a challenge to Mr. Lyttleton, Lewis was put on his trial.
+The conventional turpitude of the offence wholly depended on the
+provocation. A magistrate could not be covered by his privilege when
+standing in the street, and announcing his opinions to the loungers
+there; but Lyttleton, himself the sole witness, denied the words
+imputed, and his cross-examination was impeded by the court. Lewis read
+a written defence, and reproached the attorney-general with prosecuting
+an offence recently committed by himself: for this the accused was fined
+£10 by the judge, who advised him to retire and revise his notes. On
+resuming his speech, he was again stopped and fined. Complaining that
+the course required by his defence was unjustly obstructed, he became
+silent. A military jury found him guilty; and the judge condemned him to
+pay £150, and suffer an imprisonment of eighteen months.
+
+The aspersion of the character of a magistrate by an imputation so
+serious, was the sole alleged justification of the challenge. The words
+attributed to the police magistrate, Lyttleton, he had denied; but, on
+his return home, became convinced by the testimony of Mr. Dry, sen.,
+that he had sworn falsely. He communicated this impression to the
+attorney-general, but without result.
+
+The conduct of Judge Montagu, on the trial of Lewis, was represented as
+harsh and captious; but was explained by subsequent disclosures. A
+clever barrister, who secretly advised the accused and framed his
+defence, went into the judge's room, before the sitting of the court,
+and in conversing with Montagu intimated the very improper course Lewis
+intended to take. Montagu replied, he would certainly fine him. It was
+under these suspicions, that he began the trial: he was thrown off his
+guard, and the prosecution involved in an irreparable mistake. When the
+court sat to sentence the accused, the lawyer was there to urge the
+illegality of the conviction.
+
+Lewis complained to the secretary of state, who referred his case to the
+law officers of the crown, who asserted "that it is an unwarrantable
+proceeding, on the part of a judge, to fine an accused party for saying
+anything which he may consider essential to his defence, provided it
+shall be consistent with public decorum." The secretary of state
+directed compensation: this, a board estimated at £1,700. The governor
+was, however, desirous of depriving Lewis of the indemnity, and the
+legislative council resolved, seven to four, that the observations of
+Mr. Lewis were not within that qualification; and requested that, if the
+secretary of state persevered in his determination, he should pay the
+complainant from the land fund. Such resistance was obviously official,
+and without moral weight, and the money was eventually paid.
+
+Several months after the departure of Mr. William Bryan for Great
+Britain, his nephew, Mr. Robert Bryan, and another, were charged with
+cattle-stealing. The constables who professed to watch the prisoners,
+alleged that they saw the animal in question driven homeward by the
+accused, and on the second day following discovered the skin thrown into
+the scrub. Witnesses contradicted the constables, who were all prisoners
+of the crown, in some material points. The young man was sentenced to
+death. The capital penalty was not inflicted; but it was the popular
+notion that he was the victim of a conspiracy.
+
+The young man, Robert Bryan, was tried on two separate indictments, and
+such was the evidence, that many unprejudiced persons concurred in the
+verdict: yet the witnesses against him were open to suspicion. It was
+commonly asserted that he was sacrificed; if not by the contrivance,
+with the concurrence of the government.
+
+The trial was reported by the _Colonial Times_. The editor, Mr Henry
+Melville, pointed out in strong language the suspicion of unfairness;
+the dependence of the jury; the presence of the governor at Launceston
+during the trial; the infamous character of certain of the witnesses;
+and the overruling a challenge of a juror by the prisoner. The remarks
+of Melville were carried beyond the tolerated bounds of public
+criticism; the attorney-general, Stephen, induced the court to issue an
+attachment. The defendant was required to admit the authorship: this
+being done, the judge whose conduct he had censured pronounced the
+sentence.[192] To judge, condemn, and imprison, at once and by the party
+offended, included all that tyranny could ask. Any reference to the
+proceedings of a court, which the judge might choose to pronounce a
+libel, might consign to perpetual imprisonment. A similar case, at
+Newfoundland, was discussed in the House of Commons, and the ministers
+joined the opposition in severely reprehending the practice. The papers
+published the debate, and Arthur slowly obeyed the signal, and gave
+Melville his liberty.
+
+Motions for attachment have not often disgraced the administration of
+justice: they are relics of barbarous times. This process was issued
+against Fawkner, the editor of the _Launceston Advertiser_, who escaped
+by an apology; and it was moved for by the attorney-general, Stephen,
+against Murray and Melville, for calling an affidavit of the
+solicitor-general--to the effect that a fair trial could not be obtained
+in Bryan's case with a colonial jury--"an extraordinary document!" The
+judges dismissed the application, when Stephen remarked, that he
+"thanked God he despised the observations, as well as the scoundrel-like
+motives which influenced them."
+
+The intermixture of cattle of various owners, in the extensive forests
+belonging to the crown in the northern districts, afforded opportunities
+for plunder, and frequently occasioned disputes and quarrels. The
+herdsmen were often careless and dishonest, and their masters were
+liable to share the reproach of their mistakes or guilt. The marks
+distinguishing such property easily escaped the memory: it was often
+left to the choice of the magistrate to commit for felony, or resign the
+dispute to a civil tribunal.
+
+The constabulary were mostly prisoners of the crown. Their office
+entitled them to an earlier attainment of their liberty than other
+convicts: the detection of a serious crime gave them claims for a still
+quicker liberation; and the desire of freedom prompted them to lay
+snares for persons suspected, and even to commit a crime that they might
+charge it on the innocent. Thus, they would sometimes slaughter a
+branded beast, and throw its skin on the premises of the selected
+victim. Such atrocious wickedness was certainly not common, but that it
+sometimes occurred is beyond all doubt.
+
+Captain Serjeantson, of the 40th regiment, a gentleman connected with
+several opulent settlers, was murdered (1835). The family collected
+£500: to this the governor added £100 more, for the discovery of the
+murderer, who was found to be Hunt, a bushranger, afterwards shot by a
+small settler, and who dying confessed the crime. In this case, a
+constable, Drinkwater, proposed to another to earn their free pardons.
+The plan sketched was to deposit shot in the hut of a man at Campbell
+Town, who was suspected, resembling that extracted from the body of the
+deceased. A constable, invited as an accomplice, betrayed the project;
+not, however, until the proof of its existence was indisputable. The
+same constable had proposed to throw a sheep stolen from the flocks of
+Mr. Willis, on the premises of a man, "on whom there was a down."
+
+The intentional encouragement of perjury cannot be imputed to the
+government; but necessity induced a most perilous laxity of feeling.
+Thus on a trial, the judge not only stopped the case, but committed the
+prisoner policemen for perjury: these persons were discharged by the
+attorney-general, and established again as constables. Their oaths had
+already produced several capital convictions, and they became qualified
+to accuse and convict the most upright men. The ignorant police agents
+considered that the successful prosecution of any person, regarded by
+their officers with hatred, would entitle them to benefits; and even the
+prisoners in service discriminated between those whom they might accuse
+with impunity, and such as were protected by their connections. Nor was
+this all: in the height of political excitement, a prisoner was arrested
+in the neighbourhood of Mr. Gregson's dwelling, who avowed his intention
+to assassinate that gentleman, in the expectation of a reward.
+
+The affair of Mr. Bryan increased the anxiety of the colony to obtain
+trial by jury, independent of the court and the influence of the
+executive. By the custom of England, this privilege could only be
+suspended by martial law, when the ordinary courts were closed: wherever
+the authority of the crown was recognised, the accused was entitled to
+trial by his peers. Nothing could be more alien from the habits of
+Englishmen, than to lodge the functions of grand jury in the hands of an
+officer of the crown, or commit life or liberty to the verdict of a
+military jury. A paramount necessity required the practice for a time;
+but a change was delayed, by the hesitation of the government, long
+after the colonies contained a body of freemen.
+
+The decision of Judge Forbes, instanced in a former page, which
+determined that the common law right remained with the session of
+magistrates, had been acted on for a time. Emancipists sat on these
+juries, and exulted in the privilege. Their press, in publishing the
+list, distinguished the members of their body by affixing stars (*) to
+their names. The act of parliament (1828) set aside the interpretation
+of the judge; but when it took away the common law right, it gave power
+to the crown to authorise the institution of juries, at the discretion
+of colonial legislatures. Thus an ordinance entitling to trial by jury
+in civil cases, was established in New South Wales (1829). The chief
+justice strongly favored the eligibility of emancipists, who were three
+times more numerous than the immigrant population. The non-official
+members of the council were generally opposed to their admission; but
+the measure was carried by ten against five. Thus, although the trial of
+criminal causes still remained with the military, the courts could not
+withdraw civil wrongs from the verdict of civilians. By this act the
+officers of government were liable to some responsibility, and in
+several instances were cast in damages, notwithstanding the efforts of
+the crown to defend them.
+
+While civil jurors were confined to civil issues, they sat in the box
+occupied at other times by the military jury. An officer had amused his
+leisure, while sitting on a trial, by tracing caricatures of the civil
+jurors, and writing libels on the benches. Thus insulted, they appealed
+to the court for protection. The judge was unwilling to interfere; but
+being pressed, remarked, that were the authorship traced to a military
+juror, he would close his court rather than intrust to such hands the
+administration of justice (1830).
+
+The hostility of the opulent emigrants to the eligibility of emancipists
+was intense and lasting. This was still more active when the trial of
+criminal issues passed into their hands (1833). They asserted that the
+criminal at the bar was too literally tried by his peers, and that
+scenes disgraceful to public justice were enacted in the retiring room.
+It required all the authority of the court to repress antipathies so
+openly avowed. The rancour excited by this question is scarcely
+credible: a gentleman addressed the judge from the box before he was
+sworn, and asked if he was expected to deliver a verdict with twice
+convicted felons? Appearances of partiality and corruption were quoted
+to prove the pernicious effect of their admission. The magistrates,
+usually hostile to the measure, returned as fit and proper persons,
+those whom they knew would disgrace the box. Some flagrant cases were
+exhibited as specimens of the whole: a juror, out on bail for
+horse-stealing, resolutely acquitted another charged with
+cattle-stealing, and was convicted himself. Thus, it was said, returns
+to the summons of jurors, in one instance, was "hanged;" in another,
+"transported for life."
+
+These were certainly blemishes, but they were magnified into radical and
+incurable defects (1835). The complaints of the gentry, induced Governor
+Bourke to take the opinion of the judges and the law officers of the
+crown: on the whole, they were fully satisfied with the result of the
+law. It was remarked by a judge, that the accused would sometimes choose
+a military jury, or a jury of twelve, according to the nature of the
+offence: in cases of aggravated violence they often preferred a military
+jury, but where conflicting testimony was likely to occur, they
+preferred the greater number, only as less likely to agree. Forbes
+stated that the chief difficulty was confining the juries to the
+question of fact; but their verdicts had generally satisfied him. It was
+the opinion of the judges, save Mr. Justice Burton, that trial by jury
+had been too long deferred, and that benefit would result from its
+unqualified adoption.[193]
+
+In Van Diemen's Land, an ordinance was passed (1830), permitting the
+judge to allow a jury in civil cases, whenever it was desired by either
+party. The names were twenty-four: from these both parties struck out
+six, and the remaining twelve were the jury. The first trial occurred
+1830 (Butler _v._ Bent), in an action for libel, contained in a series
+of letters written, or acknowledged, by Wells, an emancipist, and signed
+"Simon Stukely." They were afterwards collected into a volume. The chief
+persons in the colony were described with considerable spirit, but with
+the usual injustice of anonymous satire.[194]
+
+The danger to the fortunes of the people was more severely felt than the
+peril of their liberty and lives. Thus a public meeting, demanding trial
+by jury, was held in 1834: an address was presented to Arthur by a
+deputation. In urging the amendment of the law, they referred to the
+extraordinary powers possessed by the government. Arthur, in reply,
+professed a liberal desire to gratify their wishes; but denied that he
+possessed extraordinary powers, or that "they required to be watched
+with more than usual jealously." He had, however, deferred the
+establishment of British laws to the last possible moment, and certainly
+possessed great powers; on the whole, more capable of perversion than
+any ever known in a British colony.
+
+The attorney-general, Alfred Stephen, was desirous of substituting for
+the assessors a jury of seven, instead of twelve. His project was
+opposed by Mr. Kemp, and indeed very generally disapproved. It was
+argued, that the chances of influence multiply as the number of jurors
+are decreased, and that the national practice was the only safe guide.
+The amount of discussion that attended the dispute was prodigious:
+pamphlets, and letters without end. The prejudice of the people was,
+however, on the right side: although there is nothing sacred in an ancient
+number, the retrenchment must have increased the facility of corruption.
+The law, as it ultimately passed, removed the danger, by giving either
+party a right to demand a jury; and to the party against whom the
+application was made, a choice between a petty and special jury; but
+three-fourths were taken as the whole, after six hours deliberation.
+
+This act was framed in virtue of an order of council by the king in
+1830. It provided that in criminal prosecutions where the governor, or
+any inferior officer, civil or military, could be interested in the
+result of a trial, a jury taken from the special jury list should try
+the issue.[195]
+
+To Arthur the colonists were not indebted: the secretary of state had,
+long before, announced the determination of the government in favour of
+the measure. It was not carried out until nearly four years after its
+authorisation. The removal from the colony of the stigma of military
+juries, was delayed until 1840, when the trial of crimes and
+misdemeanours was entrusted to the hands of the inhabitants, and the
+grand bulwark of public and private freedom raised in Tasmania.
+
+The convictions for perjury were not numerous: the whole system partook
+of the unsoundness of its elements, and the inhabitants were indebted
+for their safety to those principles of humanity, which, in the absence
+of interest and passion, regulated the measures of the government, and
+restrained its agents from atrocious conspiracies.
+
+FOOTNOTES:
+
+[Footnote 190: Signed by C. Swanston, T. Anstey, J. Kerr, C. M'Lachlan,
+R. Willis, W. A. Bethune.]
+
+[Footnote 191: Letter produced by Mr. Kelsy, of the Colonial office.]
+
+[Footnote 192: Twelve months imprisonment, £200 fine, and sureties in
+£500 for two years.]
+
+[Footnote 193: _Par. Pap._ 1837.
+
+6th Geo. iv. c. 5, disqualified a person to serve convicted of any
+capital offence, except free pardoned.
+
+7th & 8th Geo. iv. c. 28. sec. 13, gave to a conditional pardon under
+the sign manual the same effect as great seal.
+
+In cases not capital, service had the effect of free pardon: 9th Geo.
+iv. c. 32. sec. 3.
+
+All the laws of England were adopted by the Act of 1828: thus the
+disqualification for jurors, in cases capital, was taken away.
+
+Judge Forbes stated, that in civil issues the juries had some difficulty
+in comprehending the distinction between law and fact: _ad questionem
+facti respondent juratores, ad questionem legis judices_.]
+
+[Footnote 194: The original Simon Stukely was a quaker, who went to
+Turkey with an intention of converting the Grand Turk: he narrowly
+escaped decapitation, by the interposition of the English ambassador. He
+was afterwards confined in an asylum: in answer to inquiries how he came
+there, he replied--"I said the world was mad, and the world said I was
+mad; and they out-voted me."]
+
+[Footnote 195: Passed, 5th November, 1834.]
+
+
+
+
+SECTION XVI.
+
+
+The _True Colonist_ newspaper was published daily during 1835: the
+editor, Mr. Gilbert Robertson, filled its columns with strictures on
+government, and in a style which might be termed heroic, if inspired by
+truth. The rashness of his imputations was never surpassed. He heaped on
+the governor, and the members of his administration, charges of
+misdemeanour and felony. One day he denounced them at the police-office,
+and the next printed his accusations _verbatim_. He libelled the
+governor (whom he accused of altering a deed after its enrolment) in a
+paper, headed "a fearful discovery;" and declared him not less deserving
+than others of a capital conviction. Robertson charged an overseer of
+Arthur with feloniously receiving hay for the governor's use, and with
+his connivance. His nephews, Captains Forster and Montagu, were each
+accused of a felonious appropriation of property belonging to the crown.
+For these imputations, Robertson suffered fine and imprisonment;[196] in
+part remitted by the clemency of Arthur. Such charges were a buckler to
+the governor against the current scandal of the time. They were
+transmitted to the colonial-office: they destroyed the moral weight of
+the press, and cast suspicion on just complaints, yet emanating from a
+community which tolerated such extravagance.
+
+It is not to be inferred that the opponents of Arthur's government,
+generally sanctioned these excesses. The violence of periodical writings
+resulted partly from the paucity of topics, and was mainly a necessity
+of trade. The limited field of discussion huddled all disputes into a
+squabble. The writers could not forget the names of their antagonists:
+they espoused with vehement zeal the trivial quarrels of this or that
+functionary; officers, who were dismissed, supplied anecdotes of those
+left behind, which were worked up in every form. The want of ideas and
+information would have withdrawn many writers from the combat, had they
+not possessed CAPITALS, exclamations (!!!!), and dashes--officered by
+epithets of horror, as an army of reserve. These attempts to impart
+energy to weakness, and terror to insignificance, gave to the articles
+of many old newspapers the aspect of auction bills, rather than
+political disquisitions.
+
+The reader of a better era may fancy this description shaded; but the
+writer, in preparing this work, has explored many a volume, and shudders
+at the memory of his toils: he would not assign them to his worst enemy.
+Such were not all: there were writers on either side, whose opposition
+was discriminating, and who enlightened the understanding without
+debasing the taste. The press was the more licentious, because nothing
+else was free; but it raised a barrier against official corruption. Men
+of integrity were annoyed, but rarely injured. It intimidated the
+corrupt, and protected the oppressed. Considered in detail it was often
+detestable; but it prevented mischief more serious and lasting.
+
+These contentions embittered colonial life: they were daily renewed. The
+topics they embraced were rarely interesting beyond the moment: they
+filled the ephemeral publications of the day, and they now lie entombed
+in those repositories of the literary dead.
+
+From 1831 to the termination of Arthur's government, the circulation of
+newspapers prodigiously increased: the improvement of the postal
+establishment facilitated their spread. Settlers, who delighted in their
+controversies, or dreaded their censure, subscribed to them all. With a
+few honorable exceptions they rivalled each other in recklessness of
+statement and roughness of diction. No lover of truth will accept their
+testimony, or transmit their praises. They were often what they were
+denominated by the chief justice--"a moral guillotine."
+
+The spirit of contention was promoted by the peculiar fabric of society.
+The great majority of the colonists were below the period of human life,
+when the temper becomes cautious and the passions calm. Its narrow
+sphere magnified their temporary importance. Every man might claim, or
+forfeit benefits the government could bestow, and thus multitudes had
+personal grievances, or unsatisfied expectations. The hostilities of the
+day were almost invariably associated with some sense of individual
+wrong. A grant of land desired by one, was given to another; a valuable
+servant was denied on some public pretence, and then assigned to a
+favored applicant. One found his mercantile tenders always rejected,
+while another, by some unintelligible process, engrossed the custom of
+the crown. A youthful stranger was invested with the honors of a
+justice, when colonists of long standing were left undistinguished. The
+infractions of rule involved one master in public disgrace; another, was
+a licensed transgressor. Such was the complaint, which might be easily
+illustrated by examples; but they are such as a knowledge of mankind
+will amply explain, and are inevitable when the form of government is
+arbitrary, and where its functions enter into all the details of private
+life.
+
+This was felt towards the close of Arthur's administration, and many,
+not prone to party strife, were anxious for its termination. The
+meetings to petition were more frequent, and assumed a more general
+character. As the causes of dissension became better understood, the
+patronage of the governor ceased to be considerable, and no colonist was
+a lover of unprofitable despotism. These sentiments prevailed in both
+penal colonies.
+
+A "political association" was formed in Van Diemen's Land: a standing
+council was organised, under the auspices of certain leading
+politicians, who discussed the measures deemed necessary to amend their
+social and political condition. Mr. Thomas Horne, the secretary of this
+body, opened a correspondence with the governor, and endeavoured to
+direct his attention to its complaints. Arthur declined recognising his
+credentials, without an express sanction from the crown. The
+association, however, carried on its debates. The council deliberated in
+public: the members were assembled in the body of the hall, and
+spectators were admitted to the gallery. Their proceedings were reported
+in the newspapers, but with party coloring. By Dr. Ross they were
+turned into bitter ridicule: his remarks were retorted with cruelty and
+insult. A storm collected around him he could not disperse, and he laid
+down his pen soon after, with expressions of ill-concealed anguish.[197]
+
+FOOTNOTES:
+
+[Footnote 196: "I charge Mr. Fitzpatrick, late overseer of the
+government farm, with stealing or embezzling a quantity of hay, the
+property of the crown; and one John Compton, the overseer of Colonel
+Arthur's farm at the Marsh, with receiving the hay. I also charge Mr.
+Davidson, late superintendent of the government garden, with embezzling,
+and Captain Forster with receiving, four Norfolk Island pines, value
+£20, the property of the crown. I have another distinct charge against
+Captain Forster, and one against Captain Montagu, for stealing or
+receiving certain building materials, the property of the crown."--_True
+Colonist_, Feb 26, 1835.]
+
+
+
+
+SECTION XVII.
+
+
+The recall of Arthur, long anticipated by his enemies, at length
+arrived. Some months before, he had been informed by the secretary of
+state, that "having continued him in his government for the unusual
+period of twelve years, the crown intended to name his successor." On
+the recommendation of Mr. Huskisson, the duration of an ordinary
+government was limited to six years: special reasons withdrew Van
+Diemen's Land from the operation of this rule.
+
+The ministerial changes at the seat of empire left Arthur's influence
+unimpaired. The variations of national policy rarely reached his sphere.
+Unwelcome orders he managed to modify or evade. The difficult nature of
+his duties, the distance of his government from supervision, and the
+weakness of the free population, enabled him to assume and maintain for
+many years a discretion all but unlimited. The state of the colony on
+his arrival has been already noticed. The measures he adopted to coerce
+and control the convict population, and to subdue the aborigines, will
+be found in the second volume of this History. He repressed the outrages
+of the lawless, and restored comparative tranquillity. Under his
+auspices the chief town, which he found consisting of a few frail
+dwellings, assumed the aspect of a commercial city. Many, he received in
+chains, were established in social happiness: many immigrants, who
+arrived with slender resources, had risen to opulence.
+
+A series of forty-seven statistical tables, prepared by the colonial
+secretary, his nephew, exhibit a progress then almost unexampled. In
+1836, the revenue had increased from £16,866 to £106,639; the imports
+from £62,000 to £583,646; the exports from £14,500 to £320,679; mills
+from 5 to 47; colonial vessels from 1 to 71; churches from 4 to 18: the
+population had risen from 12,000 to 40,000; and every branch of public
+and private enterprise exhibited the same general aspect.
+
+It would be absurd to ascribe to Arthur even the main credit of these
+results: they were the effect of that spirit of industry which ever
+characterises the native of Great Britain, and which nothing can wholly
+extinguish. Nor was this prosperity without alloy. The unproductive
+improvement encouraged, was sometimes unhealthy. The settlers were
+deeply involved: the valuation of property was raised beyond reasonable
+calculation. The pleasing delusion was cherished by the members of the
+government, whose official and private interests concurred to dupe them.
+Happy were they who sold. Arthur left many who, acquiring his favour by
+the extent of their outlay, and the vigour of their enterprise, were
+laden with debts from which they never recovered, and a prey to
+perpetual solicitude.
+
+The great demand for sheep and cattle, created by the establishment of
+new colonies, gave a temporary respite: flocks were sold at £2 per head,
+and were purchased in large quantities. These ameliorations were only
+transient, and the wide regions open to adventure lessened the worth of
+those properties which had been valued by the farms of Great Britain,
+not the unpeopled wilds of New Holland.
+
+A just estimate of Arthur's administration, must include all the
+peculiarities of his position, and the complicated interests he held in
+trust, whether they relate to the imperial government, the free, or the
+bond. The measures best for the colony were not always compatible with
+the design of its establishment. Nor must we forget that, in surveying
+the past we have lights which rarely attend the present; that much which
+experience may amend, it is not possible for wisdom to foresee.
+
+The primary object of the crown in colonising this island, was accepted
+by this governor as the chief aim of his policy. The settlement of free
+men he considered but subsidiary to the control and reform of the
+transported offender: their claims, their duties, and their political
+rights were, in his view, determined by their peculiar position. They
+were auxiliaries hired by royal bounties, to co-operate with the great
+machinery of punishment and reformation. As the representative of the
+crown, he stood off from the colonists in their sympathies and ultimate
+views. Employed not to build up a free community of Englishmen, but to
+hold in check the criminality of an empire, with him the settlement was
+an institution requisite to the effective execution of penal laws. Such
+he found it: such he desired to mould its growth, _and to prolong its
+destination_. Thus, except in the capacity of employers, he regretted
+the arrival of free men, and warned the ministers of the crown, that by
+their encouragement of emigration, they were destroying the value of
+bond labor, the dependence of the settlers, and the adaptation of the
+island for the purposes of a prison.
+
+Thus, in his official correspondence with colonists on subjects of a
+political nature, Arthur always avowed hostility to liberal ideas, and
+scoffed at their solicitude for the common rights of English people.
+While the opposition could avail, he resisted the liberty of the press,
+trial by jury, and open discussion of legislative measures. His remarks
+were often in a tone austere and reproving; nor did he think himself
+obliged to preserve that dignified complaisance which softens the
+differences of political life. The settlers were expected to stay at
+home, to keep their servants in custody, to denounce their infractions
+of penal rule, and as the "materials of prison discipline," (so they
+were denominated) to carry out a judicial sentence. They knew, before
+they came, they must sacrifice British rights, and with the political or
+social influence of transportation, beyond their own fences, they had no
+concern.
+
+As an officer of the army, the profession of Arthur was not unfavorable
+to the main purpose he avowed: the process he conducted was, of
+necessity, harsh and imperative. In the selection of instruments, he
+preferred military men: they were without colonial scruples, and when
+the government was unconcerned, perhaps, without partiality. They were
+deficient in legal knowledge, and as magistrates sometimes overlooked
+the material facts; but they despised the reproaches of the press, and
+the censures of civilians.
+
+In the course of his administration, Arthur had most places at his
+temporary disposal: he filled them, wherever possible, with his friends;
+and he left his nephews in the highest appointments within their
+professional capacity. Arthur drew out a minute detail of official
+subordination: the duties prescribed for his officers were defined with
+labored exactness, and the reins of control met in his hands. Everything
+was referred to himself, and his instructions were definite, and
+generally irrevocable. Many persons appointed by the crown were
+dismissed, or thrown off, by his contrivance. Accident placed many
+offices in his provisional gift. Baxter, a judge elect; Gellibrand, an
+attorney-general; Ferreday, a sheriff; Thomas, a treasurer; Burnett, a
+colonial secretary; O'Ferrall, a collector of customs; and many in lower
+station, relinquished or lost their appointments, by the determination
+of his inflexible and unflinching will. The forfeiture was sometimes
+obviously just; but it was a maxim of his government to fill the
+departments with persons who knew no patronage except his own. Among
+them were candidates for the same gifts, who looked for fortunes beyond
+the limits of their duties: they cultivated farms; became competitors
+for prisoner labor; and speculators in commerce. The supreme court and
+the newspapers were often occupied by their recriminations: sometimes
+they exchanged challenges, and sometimes writs. The colonists in
+opposition saw, not without some gratification, dissensions which seemed
+to weaken the common enemy; and the press was often enriched by the
+malice of official pens. Many were, however, too wise to quarrel: their
+quiet industry enabled them to combine their public and private
+employments, without scandal, and with success. They were, indeed,
+accused of peculation; but specific charges were generally rebutted, and
+can now only be noticed as a rumour, and dismissed as detraction.
+
+The officers trained under Arthur acquired his tact, and imbibed his
+spirit: the least deemed himself something superior to the richest
+trader, or the most enterprising colonist. The sub-divisions among
+themselves were minute and rigorously enforced. They were, however,
+subject to vicissitudes. Those who lost their appointments furnished the
+material of libels: reported the peculations and duplicity of their late
+colleagues, and often became distinguished for their patriotism.
+
+The patronage permitted to Arthur was enormous: to a large extent he was
+the almoner of the crown. Thus disaffection became highly penal: a
+quarrel with a magistrate, or a friendly intercourse with persons under
+a ban, exposed the delinquent to serious pecuniary loss. These
+considerations were avowed.[198] The dread of injury made the timid
+servile, and corrupted private intercourse. A secret influence pervaded
+every rank: society was embittered by suspicions and the dread of
+denunciation; and had not the growth of population decreased the
+comparative power of the government, or had its original plan been
+perpetuated, it must have formed a community of slanderers and slaves.
+The intentions of the governor, however just, could not save him from
+the falsehood of spies, and thus the perpetration of wrong. It was early
+announced that opponents would be "crushed." The extent of the "crushing
+system" was greatly exaggerated, and even the course of good government
+was commonly ascribed by the sufferer to official enmity and avarice.
+
+The industry of Colonel Arthur was constant: his attention to the
+details of his government, and his perseverance as a despatch writer
+were universally admitted: a large proportion of his time he spent in
+his office, and toiled with an assiduity which would have been fatal to
+ordinary men. It was commonly stated that he was not very accessible;
+but he willingly heard those whose education and habits qualified them
+to suggest. Persons of every rank were admitted to an audience on a
+slight pretence. He was quick in estimating the characters and
+capacities of all who approached him.
+
+The executive council was useful to Arthur, without obstructing his
+measures. When he resolved on a project, he would nominate a board, and
+obtain its sanction. When his private views were opposed to his
+instructions he affected impartiality, and seemed to yield rather than
+to guide. These artifices were well understood; but the colony often
+approved the object, and admired the ingenuity of its execution. A new
+colonial minister, in the hurry of his office, gladly surrendered to the
+governor's judgment a question often beyond his comprehension, and which
+to resist it was necessary to understand. Thus it was ordered to execute
+public works by contract instead of the gangs; to levy a tax on convict
+labor; to retain men seven years in chains. Boards, or commissions,
+which gave him the aspect of a mediator or judge, advised him to
+postpone and quash the disagreeable order or restriction. Thus during
+his government his influence was paramount, and inferior functionaries
+were satellites who obeyed his impulse, or were driven from their
+spheres.
+
+The chief justice alone could pretend to independence: by his seat in
+both councils he possessed a voice in the enactment and administration
+of the laws--a subject of continual suspicion and complaint, and really
+dangerous whenever the government was a party. The chief justice
+ultimately resigned his seat in the executive council (1835). The
+secretary of state had declared in parliament that legislative and
+executive offices were incompatible with the proper functions of a
+judge.
+
+The great works of Arthur were attributed by his opponents to sinister
+motives: those most frequently mentioned were the new wharf at Hobart
+Town, the road to Richmond, and the Bridgewater causeway. Arthur
+benefited by his fore-knowledge. The imputations of personal injustice
+or corruption were unfounded: what he gained, others did not lose,
+except by the common risks of a sale. Thus the property of the Rev.
+Robert Knopwood, whom he was said to defraud, was several times in the
+market: it was offered by advertisement many years before: its future
+appropriation to commerce was predicted, and was described to enhance
+its price. It was offered by Mr. Knopwood to Mrs. Hodgson for £800: it
+was purchased by Mr. H. Jennings, a nephew of Mr. Gellibrand, senior,
+without reference to Arthur; and was finally sold to his agent at a
+small advance. The new wharf rendered the purchase highly advantageous;
+but there was neither deceit nor oppression.
+
+The great work he began at Bridgewater, where a magnificent causeway
+forms the abutment of a bridge which connects both banks of the Derwent,
+was a task of many years: many thousand pounds in value lie buried.
+Arthur had estates in its vicinity. The other charges of corruption are
+of a similar nature, even less substantial than these.
+
+But although many of his works will perpetuate his memory while the
+country lasts, they could only be justified by their connexion with
+penal arrangements. The discipline prescribed did not admit of rapid
+movement or wide distribution. Huts were necessary for the convicts,
+houses for their officers, and various stores; and it was only on
+extensive excavations that labor could be inspected with success. The
+waste of expenditure was rather apparent than real. The objects
+contemplated were not colonial; and thus, if the local obligation is
+lessened, the ground of complaint is diminished.
+
+During his government, Arthur became wealthy: his estates were numerous,
+and their sale realised a large amount. That he acquired them improperly
+is not even capable of suspicion; that he applied clandestinely the
+means afforded by his office to improve them, is equally destitute of
+evidence. Nor is it easy to see how a community can be injured by the
+outlay of capital acquired in its service, or the interest of its
+officers in the soil. The moral weight of government was compromised far
+more by the air of mystery which veiled, than the corruptions which
+debased it. The outcries raised against the disposal of land in special
+instances, were often misdirected: many deviations from strict
+impartiality were prescribed by the secretary of state, whose discretion
+was unlimited by regulations. Arthur was silent, and his character
+suffered: he despised reproach, which notwithstanding impaired his
+influence for good. Just before his recall, Mr. William Bryan made
+statements before the Commons of mis-appropriation of crown lands, which
+had been the text of colonial articles without number, when a secretary
+from the colonial-office stated that the more serious were unfounded;
+that many were ministerial acts; and the whole series were reduced to
+comparative nothingness.[199] While Arthur had the power, he was not
+sparing in its use: he endowed his friends. Nor is it incredible, that a
+private service to himself detracted nothing from weight of public
+obligation.
+
+Arthur was no fickle or hesitating patron, and the qualities he approved
+are nearly allied to virtue: he appreciated humanity, sobriety,
+industrious habits, and religious decorum. Respectable men, who did not
+question or cross his path, might usually calculate on his complaisance.
+But those who reckoned up his estates; numbered the benefits conferred
+on his friends; estimated the cost of his government; or criticised his
+public works; found that he did not fear, although he detested them. The
+imperial officers cared not in what direction his patronage was turned,
+and their nominees experienced and praised his generous discretion.
+
+The impressions of devout men were usually favorable to Arthur: he told
+them his objects and trials with apparent humility and devotion. He
+listened with deep attention to their plans of usefulness, and talked,
+especially of the prisoners, in strains of christian compassion. His
+sanction was given to every benevolent scheme, and he gathered around
+him a very large proportion of those persons who care more for the
+circulation of religious knowledge than the civil enfranchisement of
+mankind. The ready countenance of their labors lessened, in their view,
+his civil faults. Nor can it be denied, that the decorous habits of the
+governor confirmed his religious pretensions. Wherever he appeared,
+ribaldry and drunkenness vanished. The open licentiousness of public
+officers he did not tolerate, except the offenders were distinguished by
+official cleverness.
+
+Addresses from all denominations of Christians expressed their
+admiration of his religious sympathies and his moral worth; and in the
+most bitter outburst of party spirit, his domestic character was never
+assailed. The testimony of Messrs. Backhouse and Walker, members of the
+Society of Friends, would generally be adopted by most persons of their
+class:--"Our first interview with Colonel Arthur gave us a favorable
+impression of his character as a governor and a christian, which further
+acquaintance with him strongly confirmed. He took great interest in the
+temporal and spiritual prosperity of the colonists, and the reformation
+of the prisoner population, as well as in the welfare of the black
+inhabitants."[200]
+
+Messrs. Backhouse and Walker were authorised by the Society of Friends,
+and sent on a religious mission to these colonies: they brought a letter
+of introduction from the secretary of state, Lord Goderich, requesting
+the governor to forward their benevolent object.
+
+The more violent opponents of Arthur, connected with the press,
+afterwards retracted their opinions; but their statements must be read
+with equal caution, whether they censure or praise.[201]
+
+A collection was made by Arthur's friends in token of their regard,
+supposed to exceed £1,000 in value. It, however, indicated rather their
+liberality than their number: individual contributions were not limited.
+The addresses were signed by many who were conciliated by his moral
+sentiments, but disapproved of his government; they however, seemed to
+justify the ministerial applause which crowned his administration. Sir
+George Grey referred to these tokens of esteem, as evidence of
+popularity, and the contentment of the people.[202]
+
+Arthur held his last levée on the afternoon of his departure:[203]
+several hundreds were present, collected from all parts of his
+government. He proceeded with the chief officers, civil and military, to
+the beach, where the 21st Fusileers awaited him: multitudes attended his
+progress; the wharf was crowded with spectators; a hundred boats
+surrounded the government barge, and followed him to the ship. The
+vessels in the harbour were decorated, and his numerous friends gave the
+usual demonstrations of favour. In these feelings many did not
+participate: some followed him with hisses and groans; others
+illuminated their houses in token of joy. Some fell into the hands of
+the police, overpowered by their excessive gladness. Having gone through
+the ceremony of embarkation he returned to his office, and spent the
+night in completing his last labors. Adverse winds detained the vessel,
+and he passed the Sabbath in sight of that country where his name can
+never be forgotten; and where monuments more durable than brass, formed
+by his care, will remain to the end of time.
+
+The manners of Arthur were formal; his tastes moral; his temper
+vindictive. He approved the right, and usually followed it; but his
+resolution once taken, he did not hesitate. He devoted all who opposed
+him: and those whom he could not conciliate, if possible, he bore down.
+The sentiment of religion, however, did sometimes triumph over his
+antipathies. His contest with Mr. Gellibrand, the barrister, continued
+many years; but they met at the sacrament shortly before their final
+separation. Arthur approached the seat where Gellibrand was sitting, and
+offered his hand. This being misunderstood, a prayer-book was tendered
+him: he then explained, that before they joined in the solemnity which
+had brought them there, he was anxious for reconciliation.
+
+Such only who know little of man, and of those conflicting passions
+which attain alternate ascendancy in the human breast, will survey with
+distrust a scene like this. In the presence of the Almighty the loftiest
+mind may bend without meanness, and recognise the moral grandeur of a
+forgiving spirit.
+
+A few months after the departure of Arthur, Mr. Joseph Tice Gellibrand
+lost his life. He visited Port Phillip, a place which long engaged his
+thoughts: in company with Mr. Hesse, a barrister, he set out to explore
+the interior; they missed their way. The guide who attended them was
+convinced of danger: he could not prevail on them to change their route,
+and he returned alone. Their long absence occasioned anxiety, and
+parties of their friends attempted to track them: they found that when
+in company with the guide they had crossed the Byron, instead of the
+Leigh, their intended course; they then travelled on about fifteen miles
+by the river side, and over a plain, and entered a wood soon impervious
+to horsemen: then their track was lost. For several years, efforts were
+made to solve the mystery of their fate. In 1844, the natives directed
+Mr. Allen, a gentleman of credit, to a spot where they stated a white
+man had been murdered: there he discovered human bones, but no evidence
+by which identity could be established. Beyond this, nothing certain is
+known.
+
+On his return to Great Britain, Arthur was received with favour by the
+ministers. He was created a knight, and appointed governor of Upper
+Canada: afterwards, he obtained a similar office in India.
+
+Sir George Arthur cannot be withdrawn from the rank of eminent
+functionaries; and his administration, on the whole, is entitled to more
+than respectful remembrance.
+
+FOOTNOTES:
+
+[Footnote 197: _Ross's Almanack_, 1837.]
+
+[Footnote 198: Mr. Meredith, of Swanport, captured bushrangers; but
+after their trial was anxious to intercede for their lives. He applied
+to the police clerk, a ticket-of-leave holder, for a copy of his own
+deposition, and that of his servant: this, not uncommon, was called a
+breach of trust. The clerk was punished, and Meredith warned that he
+would receive no more servants, except he could explain his conduct. A
+report reached the government, that himself and Mr. Amos set the
+magistrates of the territory at defiance, and he was told his servants
+would be probably recalled. This was a practical application of Arthur's
+views, before expressed to the same settler. The governor maintained,
+that when the secretary of state authorised a grant of land, it did not
+confer a claim on the government for the assignment of servants (_Letter
+to Mr. Meredith from the Colonial Secretary_, 1828). It was alleged,
+that the conduct of Meredith had been inimical to the government, and to
+the maintenance of internal tranquillity.]
+
+[Footnote 199: At p. 148 of this volume, it is said, that an
+attorney-general (Stephen) received an additional grant for improvements
+he never made. This, Mr. Stephen contradicted, and stated that when he
+obtained his maximum grant he was not in office. The statement was made
+by Mr. Bryan before a committee of the House of Commons.]
+
+[Footnote 200: _Backhouse's Narrative_, p. 15.]
+
+[Footnote 201: "At the time to which he (Mr. Hall, of the _Monitor_)
+refers,--we say it with the deepest regret--we suffered ourselves to be
+influenced by a set of heartless, self interested beings, whose opinions
+we blindly adopted, and to whose objects we were the dupe. Other
+circumstances produced a state of excitement which can never again exist
+here, because it can never be again endured."--_Tasmanian_ (Mr. R. L.
+Murray), June 25, 1833.
+
+"We were forced into opposition by what we conceived to be an act of
+unmerited, unprovoked injustice, which we resented; and the perpetration
+of which led us to listen, and to be influenced, by the opinions of
+those into whose intimate associations we were drawn. We thereby
+provoked persecution, which we resented: we were prejudiced by these
+persecutions, and our opinions and the expression of our feelings were
+influenced by this feeling of unmerited suffering, and by the opinion of
+those into whose association we were driven." ... "If we have, in our
+editorial capacity, wronged any man, we sincerely ask their forgiveness;
+and wishing health and prosperity to every man in the colony, we now bid
+adieu to our editorial pen for ever."--Mr. Gilbert Robertson's legacy:
+_True Colonist_, December 28, 1844.]
+
+[Footnote 202: Speech, 18th of April, 1837.]
+
+[Footnote 203: The legislative council adopted an address, which
+expressed a warm admiration of his character.
+
+"The members immediately proceeded in a body to the great entrance of
+the government-house, where they were received by a military guard with
+presented arms; and the procession, headed by his honor the chief
+justice, Pedder, were conducted to the grand room, where they were
+received by his excellency, surrounded by the officers of his staff. The
+chief justice addressed his excellency in a short but very handsome
+manner, to the effect, that the members of the late legislative council
+waited upon his excellency with an address which had been voted
+unanimously, and which, engrossed on vellum and signed by each
+individual, he then held in his hand, and would proceed to read. His
+honor did so, in a most distinct and impressive manner. Having
+concluded, his excellency commenced to read his reply, in which he had
+proceeded but little when his feelings--the agitation of which was
+evidently pressing strongly upon him with each word--so overcame him,
+that he was unable to continue, and burst into tears. There was not a
+single individual present who did not enter warmly and sincerely into
+his excellency's feelings, and, perhaps, no governor ever received a
+more affectionate testimony of regard and attachment than was then
+elicited. The following is his excellency's reply:
+
+'The address which you have presented to me, I most highly appreciate,
+every member, without exception, having expressed his sentiment in terms
+so acceptable to my feelings, is the most satisfactory testimony I could
+receive--that my endeavour to direct the important business which has
+devolved upon this council in a conciliatory spirit, has been
+successful. Whilst the utmost liberty of debate has been exercised,
+undeviating harmony and good feeling have prevailed.
+
+'The testimony you have spontaneously borne to the successful result of
+my labours in administering the affairs of this government, complicated
+and embarrassing as they have often been from the peculiar character and
+circumstances of the colony, is most gratifying to my feelings.
+
+'To carry into the most complete effect the great object of
+transportation, which has rendered the introduction of some unpopular
+laws absolutely necessary, to suppress the depredations of convicts
+illegally at large, to form a secure and efficient penal settlement, to
+conciliate the aboriginal inhabitants, and to protect the settlers from
+their fatal attacks, to encourage pastoral and mercantile pursuits, to
+foster religion and morals, and to provide for the education of the
+poor, to maintain the laws of the country, and firmly to carry into
+effect the regulations of the government, have all been measures which
+have required the most laborious supervision.
+
+'Yet all these have been far less embarrassing than the anxious duty
+which devolved upon me for so many years of apportioning the lands of
+the crown amongst the settlers according to their respective means of
+improving them, and of impartially considering their claims in the
+disposal of assigned servants, for these were measures which affecting
+directly every settler's personal interests, almost daily brought his
+personal feelings into action in approving or condemning the policy of
+government.
+
+'In all these matters, I have felt the full weight of responsibility in
+contending with the extreme practical difficulties which have almost
+daily presented themselves, and which I never could have successfully
+withstood, but from the support I have uniformly received, not only from
+the members of the executive and legislative council, and from the
+officers of the government, to whom I am greatly indebted, but from the
+great mass of the community, to whom through you, on your return to your
+several districts, I request I may be permitted to convey my most
+grateful acknowledgements, and sincere thanks, requesting them to be
+assured, that I shall ever most highly appreciate the encouragement I
+have ever received at their hands, the strength which my government has
+derived from it, and the gratifying testimonies which I have received of
+their feelings towards myself personally, since I received the
+intelligence of his Majesty's intention to appoint my successor.
+
+'None but those who have had personal experience of the extreme delicacy
+of adjusting conflicting interests--of maintaining the just rights of
+the crown without encroaching upon the reasonable expectations of the
+people, can fully appreciate the value and importance of the support of
+the community as a body. If my labours have been great, so has been my
+reward. I have witnessed the most extraordinary rise, perhaps ever known
+within so short a period, in the value of property. The foundation is
+now firmly laid, enterprise and the desire to improve have full scope,
+and their results will be, I anticipate, increasingly developed every
+year.
+
+'Having presided over the legislative council from the period of its
+constitution, now ten years ago, I cannot take my leave of you without
+the most lively emotions, and whilst I am most deeply sensible of your
+invariable kindness and forbearance towards myself, permit me to request
+for my successor a continuance of that support which you have so
+cheerfully and zealously during so long a period extended to me.
+
+'Gentlemen, with the most sincere wishes for your future prosperity and
+happiness, I now bid you farewell.
+
+'GEORGE ARTHUR.
+
+'_To the Members of the Legislative Council._'"
+                           --_Tasmanian_, August 19, 1836.]
+
+
+
+
+HISTORY OF TASMANIA.
+
+FROM 1836 TO 1843.
+
+
+
+
+FROM 1836 TO 1843.
+
+
+
+
+SECTION I.
+
+
+Before the departure of Colonel Arthur, the brigade-major of the
+military district, Lieutenant-colonel Kenneth Snodgrass, C.B., arrived
+at Hobart Town from Sydney. He was sworn in as acting Lieutenant-governor
+on the 31st October, 1836. He had attained a military reputation in the
+Burmese war, of which he published a narrative. He was cordially received,
+and his temporary relations were too brief to leave any impression on
+colonial affairs.
+
+The appointment of Sir John Franklin, Captain in the Royal Navy, and
+Knight of the Guelphic Order of Hanover, was announced by Sir George
+Grey in the House of Commons, April 13th, 1836. He was presented to the
+king by Lord Glenelg, on the 20th August, and embarked in the _Fairlie_,
+on the 27th. He was accompanied by Captain Maconochie, late secretary of
+the Geographical Society, and one of the professors of the London
+University; and by the Rev. William Hutchins, in whose favour Van
+Diemen's Land was erected into an archdeaconry. Sir John Franklin
+assumed the government on the 6th January, 1837.
+
+The nomination of Franklin was acceptable to the colony. His profession,
+his career, and character, were considered auspicious. He had
+accompanied the illustrious Flinders on his voyage of discovery, and was
+at Sydney when the first party left that port to colonise this island.
+During thirty-four years, he had himself obtained great nautical renown:
+his intrepidity, his sufferings, his humanity and piety, had been often
+the theme of popular admiration, and were not unknown in Tasmania. The
+colonists were resolved to give him an appropriate welcome. He saw with
+astonishment the signs of wealth and activity, in a country which he
+only remembered as a wilderness. Crowds followed him with acclamations:
+addresses, couched in language of eulogy and hope, poured in from every
+district. The progress of the governor through the colony was attended
+with feasting, balls, and public festivities. On his entrance into
+Launceston, he was escorted by three hundred horsemen and seventy
+carriages: the streets were thronged; the windows were crowded by fair
+spectators, who shared the general enthusiasm. The private settlers
+received him with unsparing hospitality: he was both oppressed and
+delighted with the signs of popular joy. The hearty frankness of his
+replies was contrasted with the official coldness ascribed to his
+predecessor. He repeatedly reminded the colonists that, although
+ambitious of their favour, the duties of his station would probably
+oblige him to disappoint their desires. He assured them that he came
+among them without prejudice, and determined to "see with his own eyes,
+hear with his own ears, and judge with his own judgment."
+
+On his return to the seat of government, Franklin addressed a despatch
+to Lord Glenelg, containing an exulting description of his tour. He had
+seen the colony in its holiday dress, and all parties had mingled their
+acclamations. He depicted, with expressions of astonishment, the easy
+circumstances and general intelligence of the settlers, and especially
+noticed their exertions to acquire religious and educational advantages.
+His lordship replied that this report confirmed his estimate of
+Franklin's predecessor. In his first minute to the legislative council,
+Franklin pronounced an eulogium on Arthur's services, and laid on the
+table a despatch of the secretary of state, of similar import.
+
+The admirers of the late governor were gratified by these flattering
+tributes; but they were not without risk to Franklin's general
+popularity. The party of Arthur was dreaded by the opposition, and was
+still powerful; nor was it difficult to perceive that past animosities
+had lost but little of their vigour. Captain John Montagu had been
+recently confirmed as colonial secretary, and Captain Matthew Forster
+held the office of chief police magistrate. Most details of government
+were transacted in their offices. They were both clever men: they
+exercised considerable local influence, especially Montagu, in
+connection with the Derwent Bank. Their advice Franklin could not easily
+evade. Thus the policy of their distinguished relative survived in his
+nephews. Franklin was scarcely seated, when the press professed to
+discover that he was an instrument in the hands of the "Arthur
+faction."
+
+Arthur, anxious for the welfare of his relatives and friends, commended
+them to the confidence of his successor. Many unsettled claims were left
+to his final decision. Colonists aggrieved by the late governor, when
+their appeals for redress to Franklin (not unfrequently inequitable)
+were unavailing, fancied that their former antagonists still turned the
+course of justice. The sanguine hopes excited by an auspicious name,
+gradually gave way, and the governor was assailed with remonstrances,
+which enlarged into reproaches by a rapid growth. A design was commonly
+imputed to the advisers of Franklin to render him unpopular, and thus
+the late ruler an object of regret; they slighted, however, the
+reproaches they had been accustomed to despise.
+
+"The lingering traces" of discord, were distressing to Franklin. In
+answer to an address from Richmond, which deplored the absence, and
+invoked the restoration, of social peace, he expressed his anxiety with
+touching ardour:--"With my whole heart I agree with you. Let us be
+divided then, if we cannot be united in political sentiments, yet knit
+together as friends and neighbours in everything beside. Let us differ
+where honest men may differ; and let us agree, not in undervaluing the
+points of political dissent, but in respecting the motives which may
+produce it; in cherishing domestic virtues, which will be found to
+characterise individuals of every party, and in making the generous
+sacrifice of private feelings for the general good, rather than
+aggravating the importance of grievances, which must render such
+forbearance impossible." These sentiments, not less charming for their
+amiable spirit than happy in expression, are important as maxims of
+political life, and they depict the main difficulty of the governor's
+position.
+
+To promote the harmony of parties, Franklin considerably added to the
+list of magistrates: persons, discountenanced by Arthur, were placed on
+a level with their late antagonists. But selection is difficult where
+many are candidates. Free settlers of all sorts were equally eligible by
+their wealth, and made equal pretensions. Thus when the list was issued,
+it was received with mockery and laughter; and, said the scorners, all
+the "coat tails,"--rarely worn, except by free men--contain a
+commission. They were certainly numerous--large, in proportion to the
+emigrant adult population; but who can extinguish the flames of envy
+without kindling contempt! To further his conciliating policy, Franklin
+nominated to his council Mr. W. E. Lawrence, a gentleman of wealth and
+intelligence, and great liberality of opinion. An early disagreement
+with Arthur had been aggravated by frequent irritation, and excluded Mr.
+Lawrence from a station, for which his qualifications were many.
+
+But the government was disquieted by internal discord. Judge Montagu and
+the attorney-general had quarrelled in open court: Mr. Stephen had eaten
+sandwiches in the judge's presence, so it was said, and had delayed a
+trial. Montagu assailed him with a virulence scarcely tolerated even at
+the bar. Without awaiting his defence, the judge poured forth a torrent
+of reproof, among which the following: "No, sir; in your official
+capacity I shall always treat you with the courtesy and respect due to
+you. Were you elsewhere, I should treat you, after your conduct, with
+less courtesy than a dog."
+
+Such quarrels were little regarded by Arthur; but when the authority
+fell into the hands of Franklin, the altercations of parties were less
+disguised, and the moral weight of government seriously injured. The
+attorney-general resigned is appointment; and shortly after, as a judge,
+obtained the object of professional ambition. Mr. Stephen, while the law
+officer of the crown, was said to display eminent legislative skill: his
+drafts often elicited considerable opposition, and he did not disdain to
+explain the principles he embodied in his measures, whenever they were
+seriously questioned by the public.
+
+Before his removal from the colony, Mr. Alfred Stephen promoted a
+petition to the crown, for the concession of British institutions: an
+instance remarkable for the unanimity of the colonists, and the friendly
+countenance of the governor. It was almost universally signed (June,
+1838); but, like its predecessors, unavailing.
+
+The opinions adopted by Captain Maconochie on convict discipline, and
+which placed him in opposition to every colonial party, rendered his
+dismissal necessary; but it deprived the governor of a long cherished
+friend, and who, in happier circumstances, might have greatly
+facilitated his affairs. Thus Franklin stood alone; and the nephews of
+Arthur absorbed the influence, which subordinate officers rarely
+acquire, without rendering their chief contemptible.
+
+Many efforts had been made to obtain admission to the public during the
+sittings of the legislature. The members had been long released from the
+oath of secresy, and their votes, and even the substance of their
+speeches, were occasionally known. Franklin determined to throw open
+the doors of the council chamber (1837), and expressed a conviction
+that the freedom of public discussion, founded on accurate knowlege,
+would confirm the measures, or correct the wanderings of the
+legislature. At the first sittings of the council, the novelty of the
+privilege secured an attendance at the debates; but the desultory and
+heavy discussions soon tired the patience, and members pointed with
+exultation or regret to those deserted benches, where patriots had vowed
+to watch the course of legislation.
+
+The principle of open debate is, however, invaluable: reporters were
+there, and the public could read in an instant what it required hours to
+gather. Nor is the exercise of a privilege necessary to establish its
+worth: the title to be present belonged to the whole people, and Britons
+esteem and acknowledge a real treasure in a right. An open threshold,
+although rarely darkened by guests, is the pledge that all is honest
+within.
+
+
+
+
+SECTION II.
+
+
+To compose ecclesiastical claims has ever been among the most difficult
+functions of the civil government. Franklin found the relations of the
+churches unsettled, and among his earliest measures was one to define
+the objects, and fix the amount of clerical pay.
+
+The chaplains appointed for the Australian colonies by the crown, had
+been always ministers of the church of England: the greater part of the
+population, mostly prisoners of the crown or their descendants, were
+members of the Anglican church. Thus expediency corroborated the
+exclusive claims of the clergy to the spiritual oversight of the
+colonies. It was, however, impossible to obtain qualified clergymen of
+the English church, in sufficient numbers to supply the penal
+establishments. Thus the government employed ministers of other
+denominations, chiefly the wesleyan, as religious instructors; sometimes
+with the express sanction of the chaplains. In the country, catechists
+were appointed with the concurrence of Archdeacon Scott, who, however,
+were often members of dissenting communions.
+
+At this time, the doctrinal views of the various denominations were in
+general harmony: the standards of the church of Scotland, the
+declaration of the congregationalists, and the articles of the church of
+England, are of the same general import. The wesleyans, and the society
+of friends, entertain some opinions at variance with these symbols; but
+in their ordinary teaching, all parties employed nearly the same
+theological and devotional terms. Their views of church government, and
+of ritual observances, were the chief points of dissonance; but in
+scattered settlements of recent formation these distinctions were rather
+matters of recollection than of practice. There were no diocesan, no
+presbyterial or other courts. In the towns the denominations maintained
+their exclusive forms and separate teachers; but controversial divinity
+was excluded by common consent from rural ministrations; and wherever
+christian ministers presented themselves in this character they were
+welcome, and in any other almost unknown. It was not possible, or
+perhaps desirable, that this interchange should last: experience has
+shown that organisation is requisite to permanent vigour; but when
+bodies of professors ranged under their separate banners, their general
+sympathies were lost in the corporation spirit.
+
+Unless as temporary agents in the instruction of prisoners, the
+government did not recognise the title of any, except the Anglican
+clergy, to the patronage of the crown. Others were favored with sites
+for their churches, and in some instances with assistance in rearing
+them; but at that time land was granted to private persons, and loans of
+mechanics were allowed to assist the settler in building his dwelling.
+
+The emigration of respectable families from Scotland produced an
+important revolution: they, it is alleged, constituted one half of the
+free settlers in the country districts. Their attachment to that form of
+christianity which is professed in North Britain, was not weakened by
+their migration.
+
+The Rev. A. Macarthur, ordained a missionary minister by the united
+associate synod of Scotland, arrived in Van Diemen's Land in 1823: the
+first presbyterian clergyman established in this hemisphere. The
+innumerable sections of presbyterians differ with each other, chiefly on
+grounds almost unintelligible out of Scotland.
+
+The arrival of John Dunmore Lang, D. D., in New South Wales (1823), was
+an important event in the ecclesiastical history of the Australian
+colonies. Although an ordained minister of the church of Scotland, he
+received no assistance or special authorisation; but, according to his
+account, "set forth a solitary friendless wanderer." The different sects
+of presbyterians welcomed him at Port Jackson, and the foundation of a
+church was immediately laid. His supporters, contrary to his advice,
+applied to Sir Thomas Brisbane for pecuniary aid, such as the catholics
+had received already. The applicants were rejected with reproach, and
+were told that it would be time enough to ask assistance, when they
+should prove themselves equally deserving. To this Lang retorted, that
+Scotsmen did not ask toleration; and, unless degenerate, would vindicate
+those rights, the swords of their fathers had won. These warlike papers
+were published in London, and Lord Bathurst spontaneously expressed his
+regret "that his excellency had put to their probation ministers of the
+church of Scotland in the colony--the established church of one of the
+most enlightened and virtuous portions of the empire;"[204] The governor
+was ordered to pay £300 per annum to Dr. Lang, as a stipend.
+
+Dr. Lang, thus successful, henceforth disputed the preferable claim of
+the Anglican church in every form: he celebrated marriages by bans, when
+he was refused a governor's license; and when the registration act, of
+1825, required every pastor to certify his ecclesiastical acts to the
+parish minister, to be inserted in a general register, he questioned the
+existence of a parish, and the ordinance was upset. The idea of an
+established clergy was thus violently shaken, and Lang naturally
+detested as an ambitious innovator.
+
+The weight of the ecclesiastical establishments in the penal colonies
+had been very considerable. The churches, some of great cost, had been
+built wholly at the expense of the treasury; the inferior officers were
+also paid or provided by the government.[205] The principal chaplains
+were members of the legislative councils, and were consulted on most
+measures relative to religion.
+
+Mr. Commissioner Bigge recommended the crown to reserve lands for the
+endowment of the church; and in 1824, a "church and school corporation"
+was created in New South Wales: one-seventh of the crown lands were
+granted for their use; for the endowment of a bishopric, parochial
+ministers, and schools. The expense of managing this corporation
+exceeded its revenue. Dr. Lang visited England, and protested against
+its object and enormous cost. By the recommendation of Archdeacon
+Scott,[206] it is said, all these lands, excepting certain glebes, were
+resumed by the crown, and the church and school corporation was
+dissolved.
+
+The colonial governors never questioned the status of the episcopal
+clergy as the established church. A presbyterian congregation in New
+South Wales, who had sustained their form of worship without a minister
+for many years, applied, through Dr. Lang, for assistance in supporting
+a clergyman. They were informed that the governor rejoiced in the
+liberality they had already displayed, and did not doubt its future
+sufficiency! At Bothwell, where a great majority of presbyterians
+resided, Arthur stipulated that the church erected at their
+solicitation, should be given up whenever a minister of the "established
+church" might arrive in the district. Even money to assist the erection
+of St. Andrew's Church, Hobart Town, was, at first, lent on the bond of
+Messrs. Hopkins and John Walker, lest the secretary of state should
+demand its repayment.
+
+The agitation of ecclesiastical rights was discouraged by the
+government, and the social dependence of the settlers silenced the
+murmurings of discontent. Arthur, little inclined to weaken the
+exclusive claim of the Anglican church, gave but £100 per annum to two
+ministers of the presbyterian church stationed in the interior, and £150
+to the minister at Hobart Town; and when the presbyterians of Launceston
+applied for similar help, the refusal was decided and cold: they were
+informed that, in the opinion of the governor, the episcopal church was
+fully sufficient for the wants of the town. They were not, however,
+discouraged, and applied to Dr. Lang, who soon sent them a minister--the
+Rev. J. Anderson.
+
+The title of the English clergy to exclusive support, became a question
+of great imperial moment. The discontent in Canada led to a canvas of
+the subject in the British parliament, and it was avowed by Sir George
+Murray,[207] the secretary of state, that the principle of a dominant
+church was both pernicious and untenable. He recommended the practice of
+sharing fairly among all churches the revenues appropriated to religion.
+These views were soon published in the Australian papers: they gave a
+new aspect to the relations of ecclesiastics, and opened a way for a
+definite arrangement.
+
+On receiving an order of the king in council, dissolving the church and
+school corporation, Governor Bourke addressed a despatch to the
+secretary of state.[208] He observed, the time was come to settle the
+public policy in reference to religion, and that to erect a dominant
+church would produce incessant hostilities, and that without a chance of
+its permanence; he therefore proposed to give support to the three grand
+divisions of christians--of the churches of England, Scotland, and Rome;
+to assist them in erecting their places of worship, and paying their
+ministers, yet at a rate which would leave their clergy partly dependent
+on voluntary contributions. He recommended the appointment of an English
+bishop and a Scots' presbytery. Against this course, he remarked, it
+might be objected that an equitable claim was raised in behalf of other
+bodies of christians, and even jews; "this, however, was an objection to
+the theory, not likely to interfere with the practical benefits of the
+plan."
+
+The opinions of Bourke were favorable to the voluntary
+principle[209]--the only policy which allowed a proper reverence for the
+rights of all; but he thought the special circumstances of New South
+Wales demanded the neglect of minor inequalities. Notwithstanding, in
+the church act of that colony, as it actually passed, all christian
+sections were entitled to participate in the public bounty.
+
+Two years had elapsed from the date of the despatch, when Lord Glenelg
+expressed his concurrence with the outlines drafted by Bourke, and
+admitted that to select one church for endowment, "even were it
+advisable in other respects, would not be long tolerated."[210] The
+moderator of the synod of Australia addressed his lordship (Glenelg), to
+express their "unmingled gratitude and joy" at the happy settlement of
+their affairs; and requested, that should the heads of the other
+churches be seated in either council, the same honor might be conferred
+on a delegate from their own. Lord Glenelg replied that it was not
+intended to grant to ecclesiastics a seat in council. The publication of
+these despatches created considerable interest in Van Diemen's Land: the
+presbyterians especially renewed their claims, and asserted the parity
+of their status with the sister establishment.
+
+Arthur, on assembling the council of Van Diemen's Land, presented these
+documents, and observed that in a remarkable degree they accorded both
+with his opinions and his suggestions. A day was devoted to the
+discussion of the subject, when all the unofficial members of the
+council concurred in commending their adoption as the basis of Tasmanian
+legislation. Thus, in the spirit of this resolution, the salaries of the
+presbyterian ministers were slightly augmented; the wesleyans gratified
+with £400: considerable sums were set apart for the erection of
+churches. £200 were offered to the Rev. Frederick Miller; but the
+principles of the independents reject stipends from the state: £500
+were, however, lent for the liquidation of the chapel debt--in reality a
+donation. The congregation were not restrained by the noble example of
+their minister; and reconciled their consciences to an evasion of their
+creed, by excuses never long wanting to those who diligently seek them.
+
+These measures were generally approved, and Arthur calculated that the
+more equal "distribution of the revenue would suppress every factitious
+cause of discontent." He stated that "religious discussion and hostility
+had been little known, or rather altogether unknown;" and he expressed a
+hope that the visit of Bishop Broughton, then expected, would "offer an
+opportunity sought for by all denominations, to manifest their
+consciousness that there is in our common Christianity a bond of
+union."[211]
+
+The crown erected the Australian colonies into a see (1836). Dr.
+Broughton was consecrated first bishop: the event was considered
+auspicious to the episcopal church. Addresses from its members welcomed
+the prelate during his first visitation, and efforts were made to secure
+the possession of ground still destitute of clerical culture.
+
+The proclamation of a see within the colonies, erected by letters patent
+from the crown, seemed to assert the supremacy of the Anglican
+communion. The members of the Scotish church, however, questioned the
+legality of special distinction, and maintained that the grant either of
+money or power to one body, simultaneously quickened a title in the
+other to similar privileges.
+
+This view was first formally announced by Mr. James Thomson, in letters
+published in the _True Colonist_ (1835), and afterwards in a pamphlet,
+entitled, _Remarks on the Status of the Presbyterian Church in the
+British Colonies._ This work was accepted by Scotish colonists, as a
+just exposition of their national rights, and the church of Scotland
+affixed to the argument "the broad seal of approbation."[212] The
+argument rested mainly on the treaty of union, which provides that, in
+default of express stipulations to the contrary, "there shall be a
+communication of all rights and privileges, and advantages." In the
+spirit of this clause, the presbyterian ministers stationed in India
+were recognised and placed by law under the presbytery of Edinburgh, in
+the same act which authorised diocesan episcopacy. Thus again the
+legislature had implied a parity of rights in the foreign port act,
+which required the consul to appropriate funds for the erection of
+churches, and on the same terms, when demanded by the members of either
+establishment. The writer appealed, with great ardour and effect, to the
+national history of his countrymen: their courage in fight, their
+patience in suffering, and their sagacity in council. He inferred, alike
+from their piety and their patriotism--their pride as Scotchmen, and
+their earnestness as christians--that when they sanctioned the
+legislative union, the dignity of the church, the first object of their
+affections, would be the last they would be likely to compromise or to
+forget. But the actual position of the colonial presbyterians rendered
+the argument for the present unavailing.
+
+It was obvious, that whatever ecclesiastical arrangements were
+guaranteed by the treaty of union, pertained only to the national
+church. The clergy of the establishment would have been even less
+disposed than the crown to allow a seceding ministry to share in their
+legal heritage. Yet the church at Hobart Town, founded by a seceder, was
+under his care. The government sometimes called the congregation Scotch,
+and at others presbyterian; but never an established church. The grant
+of money was expressly to the accommodation of the inhabitants "in
+connexion with the church by law established in Scotland;"[213] but the
+deed drafted by the managers proposed to secure the building to the
+dissenting incumbent, and to a congregation holding the Scotish
+standards, and it recognised no presbyterial control. This description
+was deemed dangerously defective. A meeting, summoned by Messrs. James
+Thomson, Thomas Young, and others, passed a resolution to establish an
+indisputable connexion with the national section of the presbyterian
+church.[214] Against the legality of this meeting, the managers and
+several of the congregation offered an unavailing protest. It was
+asserted that, for the most part, they were dissenters from the national
+church, and thus hostile to her claims.[215] A committee was appointed
+"to carry out the connexion." Arthur, who was then desirous to protect
+the existing minister, enquired if the movement would affect the
+stability of his appointment? To this it was replied, that the duty of
+the committee was expressed and limited by the resolution passed, and no
+instructions had been given by the meeting in reference to the relations
+of the incumbent. The difficulty was, however, speedily removed: an
+opportunity occurred to declare the pulpit vacant, and the appropriation
+of the property to the exclusive use of the church of Scotland was no
+longer resisted (1836).
+
+To perfect the claim of the colonial presbyterians, founded on the
+treaty of union, it was necessary to obtain a distinct recognition by
+the general assembly. An act for this purpose, had already passed that
+court (1833): it declared the colonial presbyteries, if constituted by
+ministers of the national church alone, a part of the national church,
+and thus qualified to enjoy whatever privileges that character might
+confer; and the standing committee of that church were authorised to
+correspond and advise with the colonial presbyteries.[216]
+
+A memorial, founded on these resolutions, was presented by the convener
+of the assembly's committee to the ministers of the crown, and Sir
+George Grey was directed to reply, that by an arrangement recommended to
+the colonial legislatures, "the church of Scotland will in these
+colonies, be for the future equally entitled with the church of England
+to share in the public funds applicable to the general object of
+religious instruction in proportion to the amount of private
+contribution."[217]
+
+This arrangement, however, did not provide for appeals generated by the
+decisions of the colonial courts. An application was made to allow the
+colonial presbyteries representatives in the general assembly. This
+measure would have embarrassed a national church, and thus (1834) the
+general assembly repudiated an appellate jurisdiction.
+
+In various forms Colonel Snodgrass, while acting lieutenant governor,
+expressed an interest in the church of his native country. He called a
+synod of ministers, elders, and delegates, by proclamation, to be held
+at Hobart Town, to effect the settlement of the church, and thus to
+prepare the way for its endowment. Many, favorable to the object,
+doubted the legality of the meeting, and the power of any officer to
+proclaim the assembling of a body not recognised by the legislative
+council. The presbyterians, however, maintained that they were qualified
+to act under convocation by the crown, independently of parliamentary or
+local legislative sanction--that the meeting or synod only prepared the
+preliminaries antecedent to the intervention of law. At the time
+appointed the synod met: in the meantime Sir John Franklin was advised
+that the proclamation of Snodgrass was irregular; he therefore sent his
+private secretary, Captain Maconochie, to request the assembly to stay
+proceedings, with an intimation of his friendly consideration of their
+claims. They, however, considered that to disperse would compromise
+their rights, and therefore chose a moderator. At this stage, a counter
+proclamation, hastily prepared, was brought by a messenger from the
+governor, and the convocation dissolved.
+
+However conclusive this reasoning to Scotchmen, the Anglicans were
+little disposed to admit its force. They asserted that the faith of the
+sovereign was the imperial faith, and that it was within the competence
+of the British legislature to set up an exclusive establishment of their
+clergy. The usual argument against the universal equality of the Scots'
+national church, was the fact that the laws of England, and not the laws
+of Scotland, were binding in the colonies.[218] To this it was replied,
+that treaties, on which the imperial legislative power was founded, were
+the limits of its action; and that the ascendancy of English law in the
+colonies of Australia depended on a parliamentary enactment passed by
+the representatives of Scotland; subject, however, to the restrictions
+of the treaties in virtue of which Scotchmen were contented to sit on
+the benches of Saint Stephen.[219]
+
+Archdeacon Hutchins denied that either treaty or law prohibited a
+preferable claim, and remarked that "opening the door to two co-existing
+establishments would shortly admit others, and thus prepare for the
+destruction of all."
+
+It was not affirmed by the Scotch, that they possessed an inherent right
+to the privileges of an establishment: _both_, or _neither_, was their
+motto. The colony, they affirmed, was not English nor Scotch, but
+British. It was the opinion of lawyers, however, that beyond the seas
+the churches of England and Scotland depended for their rights on
+parliamentary or colonial enactment; and that whenever obscure, a
+declaratory statute must fix the sense of a treaty, and decide whether
+an exclusive endowment of any class of clergymen was beyond the
+competence of imperial or local law.
+
+The passing of an act in New South Wales, granting stipends in
+proportion to the adherents, from £100 to £200, and the prospect of a
+similar act in Van Diemen's Land, led to urgent applications for
+ministers by the heads of various churches. Bishop Broughton published a
+strong appeal to the numerous unbeneficed clergymen in Great Britain, to
+whom he represented these colonies as a field of great promise. He
+stated that the obtaining ministers, "was a matter of life and death."
+
+The son of the illustrious Coleridge exerted himself on behalf of the
+church of England, and based his chief appeal on the inadequacy of the
+penal laws at home; the misery endured by the poor; the numerous crimes
+originated by the refinement of society; and the principle of
+compensation, which bound the English people to supply in colonies not
+less instruction than they must have furnished in gaols.[220]
+
+A fund was contributed, though of no great amount; but the Society for
+Promoting Christian Knowledge supplemented the colonial pay, which was
+found inadequate to secure men of character and education. Compared with
+the ground to be occupied, the church of Scotland was more successful in
+candidates for this important sphere.
+
+Dr. Lang lost no time in proceeding to Great Britain, and obtained a
+numerous band of clergymen and schoolmasters, whose passage was defrayed
+by the colonies.
+
+The Rev. Thomas Dugal, and other ministers of the synod of Ulster,
+expressed their willingness to undertake colonial charges. Lord Glenelg
+enquired of Dr. M'Farlane, the convener of the general assembly's
+committees, whether their appointment would be sanctioned by the church
+of Scotland. To this he replied, that they might be "taken under charge
+of presbyteries in connexion with their church, on their adhibiting the
+subscription, and coming under the engagements required by their church,
+but no longer."
+
+The admission of the Roman catholic body to equal privileges, was
+defended as a measure of policy. The national clergy appealed to a legal
+recognition; but, until a recent period, the catholic worship had by
+statesmen been both tolerated and abjured. The penal institutions
+required catholic instructors, to teach a proportion of prisoners,
+amounting to one-third of the whole. The appointment of the Rev. Dr.
+Ullathorne as vicar-general, led to increasing concessions of money and
+patronage. The zeal and intelligence of that clergyman was conspicuous
+in the management of the prisoner class. On their arrival, they were
+submitted to a course of moral and religious training, and from his
+testimony it appears, that the effect was long visible, and led to a
+marked decrease of crime.[221] The patronage of the crown was more
+freely granted to the Roman catholics than the presbyterians, until the
+general policy of the state was revised. When other non-national
+communions were passed over, the number of the catholics, and their
+subordination to a governing body, were the reasons assigned for their
+special countenance.
+
+The protestant bishop, Dr. Broughton, was preceded by the arrival of Dr.
+Polding, the prelate of the Roman church. An incident occurred, which
+occasioned great delight to his adherents: he landed at Hobart Town, and
+the governor sent down his carriage to the beach to conduct him to the
+government-house. At a meeting of the catholic body, resolutions, to
+which Messrs. Rowe and Hackett were the speakers, voted a present of
+plate, to express their gratitude for Arthur's zeal in their cause, and
+his courtesy to their bishop.
+
+Beside the leading denominations, who obtained the pay of the state, the
+wesleyans possessed the great pre-requisite, a governing body. By a
+singular oversight, they permitted the bounty of the treasury to descend
+to them in an annual donation, instead of a stipend regulated by the
+general law. Their co-religionists in New South Wales now enjoy an
+endowment, of which nothing can deprive them, but the joint consent of
+the crown and the people.
+
+The preliminaries being settled, a bill was introduced by Franklin, and
+passed into law (November, 1837). It authorised the governor to grant
+£300 to any congregation, to provide a parsonage, and £700 for the
+erection of a church, or a sum not greater than the amount subscribed by
+the people. It directed the issue of a salary of £200 to any minister
+of the three churches, whose congregation should be equal to eighty
+adults, or in towns to two hundred. The discussion of this bill created
+considerable controversy: the ministers of the church of England were
+especially opposed to its latitudinarian aspect, and Archdeacon Hutchins
+represented that the principle was wholly untenable on Christian
+grounds, but cast the responsibility of a permanent establishment of the
+papal faith on the members of the Scotch communion. Their protest
+against the bill, and a renunciation of their claims would, he affirmed,
+at once fix the establishment principle. Had the proportionate numbers
+of the two churches been reversed, he believed that, rather than endow
+the Romish priesthood, the Anglican communion would abandon all further
+competition for the favours of the state. To this the minister of St.
+Andrew's retorted, that the responsibility lay wholly with the state;
+and that, if sincere, the English clergy might, by withdrawing their
+own, remove the pretensions of all.
+
+The archdeacon, and his clergy[222] of the English church, united in a
+petition, presented by the chief justice, against the provisions of the
+act. They complained that its principles were a compromise of truth,
+since they not only assumed that the religious "sentiments of the Roman
+catholics are equally entitled with those of the protestant to the
+support of government, but that every variety of religious sentiments,
+which is to be met with amongst the various denominations of Christians,
+is entitled to support, without any reference whatever to the conformity
+of those sentiments to the word of God."
+
+The law was scarcely in action, when one of its clauses was found to
+operate against its professed design. A church and a house were required
+before a minister could be salaried; but the settlement of a clergyman
+was in fact a necessary preliminary to the erection of a church. An
+amendment gave the governor a power to issue a salary on a requisition,
+on condition of a small local subscription (1838). But this relaxation
+proved mischievous in another direction: the salary was paid, but the
+church was not erected. This required a third law, and it was therefore
+enacted, that if a religious edifice were not in progress within six
+months from the issue of a stipend, payment should be discontinued
+(1840).
+
+The colony, on the passing of the church act, was an open field. The
+first clerical candidate, because he was such, engrossed a large
+proportion of the available signatures. The people, generally anxious
+for some form of worship, both as a moral agency and from its tendency
+to raise the respectability of a township, gave their names freely as
+_bonâ fide_ members of either protestant church. The inevitable result
+was, an eager competition by the more zealous members of the rival
+communions. The meaning of _bonâ fide_ membership of this or that
+church, was brought into considerable debate. The Anglican clergy
+insisted on the census; the Scotch on the right of every man to make
+himself a member for the purposes of the act, whatever his hereditary or
+mental creed. These different views led to serious discord: the analysis
+of names appended to various applications imputed all the errors,
+informalities, and even corruption supposed to attach to popular
+elections. Those who had never thought much on religion, gave with
+facility and then retracted their adhesion: they virtually changed not
+only their minister but their creed. The opposite parties represented
+each other in terms full of reproach and bitterness; imputations of
+sectarianism, intrusion, kidnapping, were the common forms of
+recrimination. It would be useless to relate examples now before the
+writer, in colours painted by the passions of the conflict. It is the
+nature of religious controversy to throw on the surface all the
+malignant feelings that cloud the reputation of gentler spirits, in whom
+the real virtues of a communion dwell; but the lesson is worth
+remembrance--that of all forms of clerical institution, none realise
+less the idea of loving-kindness than that based on universal suffrage.
+
+The social effects of this competition were lamentable: neighbours were
+divided, who had often worshipped at the same altar; religious emulation
+sprung up in every locality: an attempt to possess the ground, led to
+the marching and counter-marching of hostile forces. The advent of an
+eminent clergyman on a township was reported to the head-quarters of his
+antagonists. In one place the moderator had appeared, in another the
+archdeacon: it was thus the more zealous partisans of either exasperated
+their antipathies. Again, the church act did not tie the laity to either
+their ministers or their creeds: thus a dissatisfied people might easily
+raise the preliminaries for a second or a third clergyman, and leave
+their late pastors to their salaries and their solitude.
+
+Demands on the treasury for the erection of churches and support of the
+clergy perplexed the executive. The ordinary revenue showed symptoms of
+declension, and the council passed a bill which declared that new
+imposts were impracticable, and vested a discretionary power in the
+government to refuse assistance to any new undertaking (1841). Thus the
+principle of the church act was subverted, and the grant of money for
+purposes of religion confided solely to the impartiality of the
+administration.
+
+The voluntary efforts of the different sects largely supplemented the
+legal provision. Churches of respectable architectural pretensions were
+rapidly multiplied. The wesleyans, independents, and baptists raised
+buildings for worship in the more important townships. Many private
+persons expended large sums for these purposes.
+
+The dependence of the clergy on the public treasury was from the first
+considered a temporary expedient. Some officers of the government
+favored the voluntary principle, others looked forward to endowment of
+the churches with lands. Bishop Broughton, anticipating the
+establishment of an elective legislature in New South Wales, made an
+effort to secure a preliminary territorial endowment. In presenting his
+petition (1839), the archbishop of Canterbury insisted that, however
+impracticable in Canada, such a measure could encounter no fair
+objection in a colony where so large a proportion were members of the
+English church. While he admitted the impartial liberality of the
+government, he complained that a principle had been adopted "by which
+persons of all denominations were placed on the same footing." The home
+government exhibited no disposition to accede to this proposition.
+
+A provision, however, resting on an annual vote, was obviously
+uncertain; and it became necessary to declare the terms on which it was
+enjoyed. The minister of the day notified to the officers of the
+Anglican and Scotch churches that incomes dependent on variable
+resources and mutable opinions were liable to casualties. He therefore
+warned them that, beyond the fair influence of the crown and the
+equitable claims of existing incumbents, no guarantee could be
+given.[223] During a financial crisis these views were reiterated by one
+governor, who reminded the council that the warning of his lordship was
+likely to be realised; but he added his conviction that to render the
+churches independent of the state would not only relieve the local
+treasury, but raise the clergy to a higher level.[224]
+
+Archdeacon Hutchins died suddenly (June, 1841). His estimable private
+character and clerical zeal endeared his memory to many. The Hutchins'
+grammar-school was erected as an appropriate memorial of his worth. The
+vacancy occasioned by his demise suggested the establishment of the
+diocese of Tasmania. This was founded by letters patent, 27th of August,
+1842, when Dr. Francis Russel Nixon was constituted first bishop. His
+lordship landed June, 1843, and on 23rd of that month opened his
+ministry in the words of St. Paul--"I am determined to know nothing
+among you save Jesus Christ." The venerable senior chaplain, on the 27th
+of the same month, conducted the bishop to his throne; pronouncing the
+words of inauguration--"I assign to thee this chair or see episcopal,
+and place thee in the same, in the name of our Lord and Saviour Jesus
+Christ." Twenty-one years before Dr. Bedford commenced his pastorate in
+the same place; the first permanent ecclesiastical edifice erected in
+Van Diemen's Land, and now known as the cathedral of St. David. Beside
+the endowment of the diocese made by subscriptions contributed in
+England, an act was passed giving the bishop a salary independent of the
+estimates,--a distinction not enjoyed by other clergymen.
+
+It would not be possible to invest with general interest the details of
+ecclesiastical affairs. The relation of the churches with each other,
+involving principles of colonial government, demand a transient notice.
+The position of the episcopal church was anomalous and perplexing. The
+forms of procedure were derived from its practice, where its supremacy
+was established by law, and moderated by the crown. The patent of the
+see gave the bishop authority to try and punish delinquents; but the
+colonial law recognised no such tribunal as an ecclesiastical court, and
+patents were no further valid than they were in harmony with local acts.
+The governor could give ecclesiastical preferment to episcopal ministers
+without the sanction of the see, and maintain a clergyman in defiance of
+his bishop. For this ecclesiastical anomaly the growth of circumstances
+required a remedy, and its discussion brought the bishop into collision
+with a large section of his clergy, the governor, and with other
+denominations. The bishop withdrew the license from certain clergymen
+who had been charged with serious irregularities: these offences were
+not investigated with the formalities usual in England; and the
+clergymen dismissed questioned the legality of their deposition. One
+appealed to the supreme court, but the judges held that the withdrawment
+of a license was within the province of the bishop; another obtained his
+salary from the treasury, the governor having refused to recognise the
+revocation. These proceedings were differently viewed by the episcopal
+clergy. Some, in the neighborhood of Hobart Town, remonstrated against
+the power claimed by the bishop to revoke licenses at pleasure, as
+inconsistent with their dignity as ministers; while, on the other side
+of the island, their brethren repudiated the sentiments of the
+remonstrants, and declared their determination to submit "to his
+judgments in the Lord" (1845).
+
+The necessity for a controlling power is recognised by every church; and
+moral and mental aberration, such as no communion could tolerate,
+justified the interposition of authority. An exact conformity with the
+English custom required the legalisation of an ecclesiastical court; but
+the church act had subverted the dominant status of the English church.
+A court requires to subpoena witnesses, to be protected from contempt,
+to have its decrees carried out by the civil powers. Questions of
+ritual, such as baptism, would violate the religious opinions of other
+denominations. A clergyman, for burying an unbaptised child might be
+liable to deposition; a baptist might be subpoened to give evidence
+against him. Thus the jurisdiction of a court passed beyond the limits
+of a single denomination, and involved the liability of all, at least as
+witnesses. A still stronger feeling than liberty of conscience raised
+the opposition to this extension of ecclesiastical power. The Scotch had
+claimed equality with the English church: to give the legal rights of a
+court to the bishop was to create local disparity; while the
+presbyterian had no religious objection to ecclesiastical courts, the
+other non-prelatic communions abhorred them.
+
+A variety of differences had created a coldness between the governor and
+the bishop. His lordship had demanded the control of religious
+instructors; he possessed no means to employ them independently of the
+convict department, or to protect them against its many changes. In
+repeating a prayer for the governor and the clergy and laity, the bishop
+inverted the precedence, it was alleged to degrade the governor by the
+transposition. Sir E. Wilmot did not enter into the views of the
+bishop, who, in a charge to his clergy (1845), represented "legal help"
+as necessary to the protection of ecclesiastical discipline, and
+expressed his intention to visit Great Britain to obtain a more
+satisfactory arrangement. Petitions against ecclesiastical courts were
+forwarded by the various denominations. To these the secretary of state
+replied that no powers had been solicited in any way affecting others
+than the Anglican church; and intimating that none would be conveyed
+(1847).
+
+A conference of bishops, held in Sydney (1850), have since this period
+proposed a liberal constitution for the Anglican communion, which awaits
+the sanction of the law. They demand the complete organisation of the
+church and its government by synods, for the arrangement of spiritual
+affairs; and by conventions, admitting the laity, for the management of
+temporalities. They contemplated the nomination of bishops by provincial
+synods; and affirmed that no beneficed clergyman ought to be deposed
+except by a sentence following judicial trial. These organic changes
+would, probably, greatly promote the usefulness of the episcopal church;
+but they seem to contemplate a total severance of its political
+dependence. The defect of the ecclesiastical law, which offers serious
+impediments to the discipline necessary, cannot but be deemed a
+grievance. They have arisen from those connections with the state which
+most denominations seem to bear with impatience.
+
+The relations of the churches with each other have occasioned
+difficulties rarely of permanent importance. The dispute of the prelates
+of the Anglican and catholic communions is an interesting exception. It
+led to an adjustment of their relative rank in the colonies at large.
+The right of the Roman see to appoint a bishop to act in its name had
+been already questioned by the protestant prelate, and met with a
+protest from the altar. Such, under similar circumstances, had been the
+course of Dr. Broughton. The laws of England retained the abjuration of
+a foreign episcopate, and assigned the nomination of English bishops to
+the Queen: the catholic vicars-general had in England exercised
+episcopal functions; being also consecrated to the oversight of
+imaginary sees. This arrangement was needless where the catholic
+religion was salaried by the state. The ancient abjuration was retained
+among protestants; but its spirit had expired.
+
+The Roman catholic prelate received an address as the "Bishop of Hobart
+Town," and in reply recognised the title by adding "Hobartien" to his
+name. This document having fallen into the hands of the lord bishop of
+Tasmania, he directed a remonstrance to its author, suggesting that to
+claim an episcopal jurisdiction over the city was to intrude on a
+diocese already appropriated. The correspondence which followed entered
+largely into the religious differences of the parties. The papers were
+forwarded to the secretary of state.
+
+A complaint arising from the miscarriage of a letter addressed to the
+catholic prelate as bishop of Melbourne, and a dispute in reference to
+precedence, in which the metropolitan of Sydney and Archbishop Polding
+were concerned, also called for a final adjustment of the various points
+at issue, so far as they could be settled by the state. The
+lord-lieutenant of Ireland, willing to conciliate the catholics, had
+recommended the secretary of state to recognise the style of their
+prelates. Earl Grey regretted that the lordship ordinarily pertaining to
+a barony had ever been conferred on colonial sees. He, however, finally
+arranged that the protestant archbishop of Australia should rank above
+the catholic archbishop, and the protestant bishops before the catholic,
+throughout the colonies; that the titles of "your grace" and "my lord"
+should be accorded indifferently to both classes of bishops, but that
+the government should not, in official correspondence, recognise any
+title complicated with the name of any city or territory within the
+British dominions, not authorised by letters patent from the crown. Thus
+neither side could claim the victory, more being allowed to the
+catholics than they could expect as a religious denomination; while the
+territorial honors were conferred exclusively on the nominees of the
+crown.
+
+On the disruption of the church of Scotland the members of that church
+in Tasmania were involved in serious disputes, which terminated in the
+resignation of several of their clergy, and the formation of separate
+congregations. The free and residuary Assemblies opened a correspondence
+with the colonies, demanding to know to which part the colonial ministry
+adhered. The opinions of the local clergy were divided; but they
+concurred in a general expression of regard to the principle of church
+independence, and their satisfaction that they themselves enjoyed the
+liberty for which their brethren were obliged to contend,--thus leaving
+to inference their religious connection, and giving no ground to call
+in question the ecclesiastical status and revenues conferred by the
+church act. This answer was considered by the free church evasive; and
+its more ardent supporters on the spot pronounced the course of the
+local presbytery jesuitical and dishonest. They affirmed that the church
+of Scotland alone was entitled, by colonial law, to state support; and
+that the retention of its emoluments was a virtual adherence to its
+principles. This discussion has been extremely fertile of controversies;
+but the general reader would not be likely to enjoy them.
+
+Should the reader infer from the record of ecclesiastical divisions that
+the colonial temper is intolerant, he would be greatly mistaken. The
+laity, often even the clergy, have given evidence of their charity in
+friendly sympathy and generous assistance. The rights of conscience are
+generally understood and respected; and although many are prepared to
+liberate the churches from dependence on the state, but few would desire
+to establish invidious distinctions. The tendency of colonial life is to
+annul the prejudices of European society, and to yield to every man the
+position which may be due to his talents and virtues. This feeling is,
+however, found compatible with religious predilections. One hundred
+clergymen, many wholly sustained by the people, labor to diffuse their
+views of Christianity in the various districts of the island; and the
+emigrant population are usually in attendance on their teaching. The
+census is an imperfect index of actual strength, the smaller sects
+exerting proportionately more influence. When the claims of prescriptive
+authority are finally exchanged for a reliance on moral power these
+discrepancies will disappear, and a vast apparatus, already supplied by
+the state and private zeal, will bring within reach of every colonial
+family some form of Christian doctrine. The tendency of small
+communities is not unfavorable to the progress of religious
+denominations. The only interruption to the monotony of life is found in
+the church: the only association which can be readily offered to
+strangers is provided by the religious bond. Opinion acts with increased
+power where the social inequalities are slight. Thus, in the United
+States of America every extravagance of sentiment is tolerated; but
+there a man of no religion is suspected, shunned, and left to solitude.
+
+FOOTNOTES:
+
+[Footnote 204: _Lang's History of New South Wales_, vol. ii. p. 258.]
+
+[Footnote 205: An organist of St. John's Church, Launceston, refused to
+play, and was sentenced to punishment; but was restored by the
+intercession of the clergyman.]
+
+[Footnote 206: _Macarthur's New South Wales._]
+
+[Footnote 207: "Sir George Murray maintained that this country was bound
+to provide the means of religious instruction for the people of our
+colonies: at the same time he begged to say, that so far from approving
+the maintenance of any exclusive system in the colonies, he thought any
+such system there, _bad_ and _dangerous_. He was of opinion that parties
+of all religious persuasions were equally entitled to support, and he
+deprecated the exclusive establishment there of any one church above all
+others."--_Parliamentary Debate_, July 13, 1832.]
+
+[Footnote 208: 30th September, 1833.]
+
+[Footnote 209: "I would also earnestly recommend that provision be made
+for the schools, in which the children of persons of different religious
+tenets may be instructed without distinction, on the plan now adopted in
+Ireland. The means of education being secured, I shall feel disposed to
+leave it to the voluntary contribution of the inhabitants to provide for
+churches and clergy. To aid all where the creeds are various seems
+impossible, and a partial distribution of the public funds appears
+nearly allied to injustice."--_Despatch of Sir Richard Bourke,
+respecting land in Port Phillip, October_, 1835.]
+
+[Footnote 210: Despatch, November, 1835.]
+
+[Footnote 211: Minute, 1836.]
+
+[Footnote 212: _Rev. J. Lillie's Letter to Rev. W. Hutchins_, p. 13.]
+
+[Footnote 213: Arthur's minute, 1833.]
+
+[Footnote 214: "The whole of the objects which the congregation desired
+to maintain, are very clearly to be gathered from the second resolution,
+and these appeared to consist in maintaining their connexion with the
+church of Scotland by law established, and the control which belongs to
+ecclesiastical courts of the national establishment over the minister as
+well as the congregation; for it is evident that all grants are made to
+them as a part and parcel of the community of the _national church_ of
+Scotland _as by law established_: and it is only in that character that
+they have claims on the government, any more than the catholics,
+wesleyans, independents, or unitarians."--_True Colonist_, May 29,
+1835.]
+
+[Footnote 215: "Accordingly we find that the majority, if not all, the
+protesters are not members of the church of Scotland, being either
+burghers, anti-burghers, independents, or episcopalians, and as such
+opposed to the Scotish church."--_True Colonist_, May 29, 1835.]
+
+[Footnote 216: "The assembly instructed the committee for the colonial
+churches to insist on the fair and full execution of the laws at present
+existing, and on the insertion in any new enactment for the government
+of the colonies, such clauses as will unequivocally place the churches
+in connexion with the church of Scotland on a footing as favorable with
+respect to holding property, receiving a share of government grants, and
+having their procedures in matters ecclesiastical carried out with as
+prompt effect, as are enjoyed by those branches of the church of England
+recognised in the same."--_Lillie's Letter_, p. 35.]
+
+[Footnote 217: _Lillie's Letter to Rev. W. Hutchins_, p. 9.]
+
+[Footnote 218: "I cannot see why the national legislature may not
+determine what will be the established church of the colony, with just
+as much propriety as it determines what shall be the prevailing law. A
+separate and integral part of an empire at large, can have no right to
+do this. As soon might a number of Cornish men insist upon their right
+to have introduced the peculiar laws and customs by which the mining
+operations of the county are regulated."--_Letter of Archdeacon Hutchins
+to Rev. J. Lillie._]
+
+[Footnote 219: "But let me tell you, Scotland is not asleep to her
+rights and privileges: she is still the same independent dame she ever
+was.... The instant you touch her religion, or presume to put indignity
+or insult upon her venerable church, either at home or abroad--a church
+from whom she has received so many benefits, and who has grown old and
+grey headed in her service--her proud and independent spirit rises. She
+appeals to her _marriage_ contract--her articles of union; and if I
+mistake her not, she will sooner retire to her mountain freedom, and her
+'single blessedness,' than consent to have them violated. _Nemo me
+impune lacesset_, is still Scotland's motto."--_Letter of Rev. J. Lillie
+to the Rev. W. Hutchins_, p. 18.]
+
+[Footnote 220: _An Appeal to the Friends of the Church of England, in
+behalf of their Brethren._
+
+The extreme difficulty may be inferred from the following:--"Fully
+agreeing with you as to the necessity of such an appointment (at Norfolk
+Island), I have used every endeavour to find a clergyman of the church
+of England, qualified for the office; but I regret to inform you that I
+have not been successful, and the archdeacon has been equally
+unfortunate. I have, therefore, felt it my duty to institute inquiries
+in other quarters."--_Lord Glenelg_, 1835.]
+
+[Footnote 221: _Evidence before the House of Commons_, 1837.]
+
+[Footnote 222: Excepting Dr. Browne and Rev. R. R. Davies.]
+
+[Footnote 223: Lord J. Russell's despatch, 31st December, 1839.]
+
+[Footnote 224: Finance Minute, 1845.]
+
+
+
+
+SECTION III.
+
+
+The education of the people, every where a question of difficulty, has
+been not less so in Tasmania. In the elder colony seminaries for the
+more opulent classes were projected at an early period. In 1825 the
+church and school association formed a boys' grammar-school. In '29, Dr.
+Lang, who had been at issue with the Anglican clergy on this as on other
+subjects, prevailed on the home government to authorise the loan of
+£5,000, to be repaid by Scotch mechanics, to be conveyed at Dr. Lang's
+risk, and employed in building a college. Prior to this date Dr. Lang
+had been concerned in the foundation of the Sydney College, of which the
+first stone was laid, but ecclesiastical difficulties prevented its
+vigorous encouragement. Vast controversies followed this revival of
+learning. The government voted considerable sums for the education of
+the settlers' sons; but the secretary of state objected to the expense,
+and ruled that the scholars did not belong to a class entitled to
+gratuitous instruction.[225]
+
+In this colony Colonel Arthur had established a superior school (1834),
+under the governorship of official persons. The episcopal system was to
+rule: the children of others were eligible, provided they submitted to
+catechetical instruction. The plan of the school was suggested by Dr.
+Broughton, and was calculated on the idea of an ecclesiastical relation
+to the colony, which subsequent enactments disturbed. Colonel Arthur
+found serious obstacles in carrying out the scheme, and he suffered it
+to drop. The Rev. Mr. Rusden was nominated first master; but the
+question of religion was again fatal to its success: the school sunk
+into a private establishment.
+
+The project of Colonel Arthur was succeeded by another more extensive in
+its aim. Sir John Franklin addressed Dr. Arnold, of Rugby, describing
+the religious elements of the colony, and requesting the arrangement of
+details for the future management of an establishment. The great
+difficulty was still the ecclesiastical relations of the settlers. Dr.
+Arnold suggested a double chaplaincy, and a religious education rather
+than a merely secular system; and recommended that the head master
+should be permitted to take orders. Mr. G. P. Gell, of Cambridge
+University, was nominated principal.
+
+In 1840, the legislative council sanctioned the establishment of a
+college and the erection of buildings. The cost was variously estimated
+from £12,000. The Queen's school, intended to be afterwards a
+preparatory institution, was first formed. The denominational leaning of
+the college awakened considerable opposition. The Roman catholic
+vicar-general declared that the authorised version of the scriptures was
+a mutilation, and compiled to suit the views of the translators; that
+catholics could not pray with protestants; and urged other objections,
+not new to theologians, but which appeared outrageous to a colony
+accustomed to a liberal intercourse. The presbyterians prayed for
+religious equality, and other sects joined in the general aversion to an
+episcopal institution at the public cost.
+
+The government, by the advice of Mr. Gell and the archdeacon, selected
+New Norfolk as the college site. On the 6th of November, 1840, the
+foundation-stone was laid by Sir John Franklin, assisted by the members
+of council and heads of departments, and by Captains Ross and Crozier,
+of the antarctic expedition. "The college was dedicated to
+Christ,--intended to train up Christian youth in the faith as well as
+the learning of Christian gentlemen."[226] The night following the
+ceremony, thieves overturned the foundation, and stole the inscription
+and the coins. But difficulties more fatal beset the institution. The
+pride of equality and the ambition of pre-eminence, not less than
+tenderness of conscience on either side, prevented a compromise. In
+private life concessions are found compatible with the utmost zeal, but
+the rivalry of churches has never been adjusted. The Queen's school, the
+pilot institution, was not more successful. At an expense of £1000 per
+annum twenty-three scholars (1843), for the most part children of
+government officers and opulent shopkeepers, were educated. The
+institution was broken up by Sir E. Wilmot; and a petition, signed by
+great numbers, requested the erection of a school on a more
+comprehensive basis. This memorial being remitted to the secretary of
+state, Lord Stanley replied (1846) that, when established, a proprietary
+school would receive from the crown whatever assistance the public
+resources might justify. The direct interference of the government in
+the education of the higher classes thus terminated.
+
+The schools for the working classes were originally controlled by the
+government. Mr. P. A. Mulgrave, many years chairman of quarter sessions,
+arrived with the appointment of superintendent. This office was,
+however, filled by the senior chaplain; and until 1838 the schools were
+exclusively episcopalian. The altered policy of the crown, in reference
+to religion, suggested a change in the organisation of the schools. A
+letter, written by Sir Wm. Herschell, was transmitted by Lord John
+Russell, detailing the system at the Cape of Good Hope, and recommending
+the British and Foreign system for colonial adoption. On this plan
+schools were established in 1838, subject to a board nominated by the
+crown. It was intended to comprehend all denominations. The clergy of
+the Anglican church were from the first hostile to comprehension.
+Archdeacon Hutchins demanded that if an exclusive system were no longer
+attainable, a fixed sum should be divided among the different
+denominations, to be expended in separate schools, in proportion to the
+money issued under the church act. The laity in general, however, did
+not object to the union of all sects on the plan proposed; and to the
+last the British system was supported by a considerable majority,
+including clergymen of every sect, both protestant and catholic.
+
+In New South Wales an attempt was made to establish the Irish system,
+the school books of which were sanctioned by the chief prelates of the
+protestant and catholic churches in Ireland. The protestant bodies were,
+however, averse to the exclusion of the "entire scriptures," as a
+discreditable compromise, and met the project with decided resistance. A
+committee, of which one half were episcopalians, organised under the
+sanction of Bishop Broughton, called on the laity to exert themselves in
+the "holy cause"[227] of opposition to the project of Sir Richard
+Bourke; and they succeeded in its defeat: but when, after their victory,
+they met to collate their plans for further action, the meeting was
+abruptly terminated by Dr. Broughton, who declared that he could
+co-operate in no scheme not framed on the recognition of the episcopal
+catechism and clerical superintendence. Denominational schools were,
+therefore, established, and those abuses arose inseparable from a plan
+which makes men the assessors of their own pecuniary claims.
+
+A committee of the legislative council recommended the establishment of
+a general system, on the plan of Lord Stanley (1844). They alleged that
+by the denominational system more than half were left uneducated, and
+that the thinness of population, the diversity of opinion, the inferior
+character of the schoolmasters, and the great expense compared with the
+benefit secured, enforced the importance of a general and comprehensive
+scheme. Sir George Gipps warmly seconded these opinions, but was
+compelled to yield to the strength of the opposition offered by the
+clergy, and which no concession short of ecclesiastical control was
+deemed sufficient to remove. The agitation of this subject for several
+years has lessened none of the difficulties which attended it, and it
+remains a vexed question for solution by future legislators.
+
+When the British system was established in Van Diemen's Land, masters
+were sent out by Lord John Russell, at the colonial cost. The schools
+were, however, regarded with increasing aversion by the episcopal
+clergy. Messrs. Lock and Fry, the last a clergyman and the author of a
+work on apostolical succession, visited the schools to report on them.
+They saw, or thought they saw, laxity, sectarianism, and partiality; and
+they gave the results of their enquiries in a copious publication. On
+the arrival of the Right Rev. Dr. Nixon this book was placed in his
+hands. He petitioned to be heard by counsel against the British system.
+His request being granted, he delivered an earnest address, in which he
+not only opposed the principle of the school, but reiterated many of the
+statements of Messrs. Lock and Fry. The Board of Education had, however,
+forwarded minute contradictions to these allegations; and Governor
+Wilmot resolved to support the schools until, on a full consideration of
+the adverse testimony, the secretary of state should otherwise determine
+(1843). Lord Stanley recommended the appointment of a commission of
+enquiry, which was accordingly confided to three episcopalian laymen,
+who acquitted the schools of most of the imputations of their former
+visitors. But the seals of the colonial-office had fallen into the hands
+of Mr. Gladstone. This event was fatal to the British system. The
+scholastic minister professed to examine elaborately the principles of
+colonial and church education, and came to the conclusion that a scheme
+of biblical instruction, confided to various teachers of uncertain
+creeds, was too little for the churchmen, ought to be too much for the
+catholics, and could only be agreeable to independents. He argued that
+church teaching includes all that a church believes, and that its
+inculcation was necessary to meet the fair requirements of religious
+liberty. Acting on a suggestion in his despatch, Sir William Denison
+granted a fixed sum per head to the denominational schools, dissolved
+the board of education, and appointed as inspector the son of the
+illustrious Arnold.
+
+FOOTNOTES:
+
+[Footnote 225: Lord Glenelg's despatch, 1836.]
+
+[Footnote 226: _Sir J. Franklin's Narrative_, p. 77.]
+
+[Footnote 227: Address of Committee.]
+
+
+
+
+SECTION IV.
+
+
+The claims of the churches on the treasury (1838) soon threatened the
+government with serious difficulties. It was resolved to increase the
+revenue by prohibiting colonial distillation. This trade had been often
+interrupted by the ordinances of the governors, but when the crown
+ceased to purchase wheat at a high fixed price it was deemed unfair to
+the farmer to restrict the local market for his produce. Duties were
+imposed, but they discriminated between sugar and cereals, and between
+colonial and imported grain. This distinction offered ample opportunity
+for evasion. The distillers employed these various articles at their own
+pleasure, and paid the lowest duty. Colonial spirits were sold as
+foreign; and the permits of the police-office covered the transit of
+quantities greater than they specified. From £5,000 to £7,000 were
+annually lost. The bill introduced to extinguish the trade was resisted
+by Mr. W. E. Lawrence and other leaders of the country party. They
+objected both to the suppression of a lawful trade and the injury
+inflicted on those who had embarked their capital. The government
+proposed to include in the bill a provision for the indemnity of the
+distillers, leaving its amount to be settled by a committee. To this
+Chief Justice Pedder strongly objected. The government was unwilling to
+entrust to a jury the claims of the distillers, as proposed by the chief
+justice; and, not wishing to delay the law, passed it without granting
+any security beyond admitting the equity of compensation.
+
+The laxity of the distillation laws had enabled the manufacturers to
+realise double profits, by graduated duties, mostly paid under the
+lowest denomination. Their gains during the past could not be
+questioned; but Sir John Franklin was persuaded that it would be
+ridiculously profuse to pay an indemnity for the loss of profits rated
+by the success of an illicit trade. A resolution passed the council,
+"That any applicant having been proved, to the satisfaction of this
+council, to have been in the habit of distilling contrary to law, has,
+by such practice, destroyed any claim he might have otherwise had to
+compensation." To ascertain this fact a "feigned issue bill" was brought
+into the council. It simply referred the question of illegal
+distillation to the jury, without assessing their claims. The right of
+the distillers to compensation was, however, so indisputable, and the
+retrospective action of the bill so liable to objection, that it was
+generally opposed; and, by the dissent of the lawyers, the treasurer,
+with all the non-official members, rejected by the council. The
+attorney-general, Mr. Macdowell, impressed with its injustice, informed
+the governor that he could not support the bill; in this resolution he
+had been fortified by the strongly expressed opinions of his colleague,
+Mr. H. Jones, the solicitor-general, who denounced its principle as
+utterly iniquitous and unprecedented: but on the resignation of Mr.
+Macdowell, Mr. Jones accepted his place, and voted for the bill:
+defending his conduct by stating that he had expressed his former
+opinion in ignorance of its details. The public indignation was excited
+by this apparent perfidy, for which Mr. Jones atoned by a speedy
+resignation. The financial success of the suppression was mentioned by
+Sir John Franklin in exulting terms. The law is, however, regularly
+violated when grain is low. Private stills have supplied spirits more
+than usually deleterious; and the revenue has shown a decline. The
+rights of the distillers were recognised by the home government, and
+their unsettled claims, to the amount of £7,431, were paid in 1843.
+
+The duty of a member of the government to support, at all events, the
+measures of his chief, was asserted by the secretary of state. If his
+conscience would not permit his acquiescence, he was expected to resign.
+Thus, while his oath bound him to advise, as a legislator, according to
+his convictions, his interest, as a public officer, compelled him to
+submit to the impulses of another. From this condition the chief justice
+was excepted,--a condition hard to an honorable man and unfair to the
+colony. However plausible the reasons for distinguishing between an
+official duty and a conscientious belief, public morality abhors them;
+and Mr. Macdowell is entitled to the colonial remembrance, as one among
+few who have refused to support a measure because unjust.
+
+The extensive land sales, combined with the demand for labor (1840),
+induced Sir John Franklin to promote emigration. The impression was
+general that transportation to Van Diemen's Land would cease; such had
+been announced as the policy of the crown. A vessel was dispatched to
+Adelaide, where many were suffering severe distress. The New Zealand
+emigrants were also dissatisfied, and many found their way to colonies
+where wages were high. This course was inconvenient, and excited great
+indignation among employers in South Australia, who prevailed on the
+government to pass a law intended to check emigration to Van Diemen's
+Land.
+
+Sir J. Franklin disapproved of these methods of supplying the labor
+market, and proposed to devote £60,000 for the introduction of suitable
+working families from Great Britain. By many this movement was hailed
+with strong expressions of approbation, as a pledge of social elevation
+of the working classes. It was urged by Mr. Philip Smith, of Ross, that
+"without an extensive emigration and a stop to the introduction of
+convicts it was in vain to hope for permanent prosperity." Mr. Berthon,
+of Woodlands, asserted that "before the colony could thrive a better
+description of peasantry was necessary, which could never be found in
+the sweepings of gaols" (October, 1841). Pursuant to these views the
+governor authorised the settlers to select for themselves, by their own
+agents, the persons they required. Every considerable inhabitant
+received the necessary authority to ship such laborers, under
+indentures, at the colonial cost, it being found that useful workmen
+were indisposed to emigrate except to a master already known. The
+greater part of the settlers appointed Mr. Henry Dowling their agent. It
+was the intention of the local government that laborers should be sent
+out in small numbers by the regular traders; and thus afford time to pay
+the cost of their transit without difficulty to the treasury. The
+emigration commissioners objected to all these plans, and set them
+aside. Indentures were disallowed; and instead of laborers in the
+proportions required, families were conveyed, or they were sent in
+rapid succession, hundreds together. On their arrival a financial crisis
+reduced their wages: the home government changed its views, and resolved
+to continue transportation: the land fund, which had reached £52,000 in
+1841, rapidly declined, and in 1843 Lord Stanley was informed that for
+years to come little revenue could be expected from the sale of land.
+The local officers, unable to pay the charge, were induced to dispute
+it; and they attempted to cast on the agents of immigration the failure
+of plans disallowed by the commissioners. They evaded the payment for
+one year. The claims of the shippers were instantly allowed by the
+secretary of state, with the usual interest; and Mr. Dowling, who had
+been aspersed by the local government, was amply vindicated by the
+commissioners. The colonial secretary charged him with collusive sale of
+his agency to London shippers, and a fraud on the colonial treasury. Mr.
+Dowling protected his character by an appeal to the supreme court, when
+Mr. Horne, the attorney-general, admitted that the imputation was
+unfounded, but succeeded in convincing the jury that no malice is to be
+inferred from the tenor of a libel when the writer cannot be supposed to
+be influenced by mere personal animosity. Mr. Dowling lost by his agency
+more than a thousand pounds.
+
+An exceedingly useful class of emigrants arrived under the
+commissioners, who readily sanctioned the applications, regard being had
+to the equality of the sexes. The commissioners defended their
+opposition to the plans of the local government. They asserted that
+private agents could never select laborers in numbers sufficient to
+freight a ship; and they inferred that transferable orders for the
+payment of bounty on the arrival of emigrants would be either matters of
+traffic, or that private persons, discouraged by the difficulties of
+their task, would abandon it in despair.
+
+For two or three years the emigrants were satisfied and moderately
+prosperous. The sub-division of town property was rapid. On every side
+small brick tenements multiplied. Every mechanic aspired to possess a
+dwelling of his own. But Lord Stanley's system of probation rapidly told
+on the condition of the workman. He stood aghast; he persevered for a
+time; he appealed to the government for protection against convict
+competition. For one-fourth its actual cost his property passed into the
+hands of others: in Launceston especially many suburban neighbourhoods
+were deserted. The emigrants brought out at so much public and private
+cost were expelled to the adjacent settlements, to begin the world anew.
+
+One of those seasons of general distress to which small communities are
+especially liable pervaded the entire colonies (1841-4). A variety of
+causes contributed to augment its pressure, and to involve the whole in
+commercial embarrassment. The imports of New South Wales and Van
+Diemen's Land exceeding £20 per head; the high price of grain, reaching
+28s. per bushel; the enormous rate of interest, and the boundless
+extravagance of credit and expense, produced a convulsion all but
+universal.
+
+The measures of the government increased the pressure of these
+difficulties. The land sales by auction at Port Phillip were succeeded
+by the system of selling on special surveys, at £1 per acre; and he who,
+one year before, had competed for his purchase, found the next section
+in the hands of his neighbour, at half the price he had given. The
+settlers in the elder colonies had speculated deeply. Stock and
+implements were transferred to the new country, under cover of credit.
+Competition raised the value of bullocks to £30 per pair; of horses to
+£60; of sheep to £2; the wages of servants to £50 per annum.
+
+The government had raised the minimum price of land; and thus those who
+were entitled to take up their surveys under a lower denomination
+hastened their purchases with borrowed money. The London merchants
+consigned immense quantities of goods on speculation which were poured
+into the market; the promissory notes of irresponsible persons were
+taken by their agents: the fraudulent laid up for the crisis; insolvent
+estates were crowded into auctions; goods sunk below the expenses of the
+factor; dividends of a few shillings in the pound represented the assets
+of persons indebted from £50,000 to £100,000; and had not the chief
+losses finally rested with the London merchants and the English banks,
+the disasters of the times must have long retarded colonial prosperity.
+
+The effects of this revulsion were soon felt in Van Diemen's Land, where
+peddling traders had thriven in momentary credit by the union of
+worthless names on their bills. As an instance: one hundred bushels of
+wheat, sold ultimately for £40, were transferred to a succession of
+speculating purchasers, who raised among them £1000, on credit of the
+exchange from one to another. The governments of the colonies had
+exhibited remarkable miscalculation. In all the treasury failed to meet
+the expenses. The deposits formerly realised by land sales were
+withdrawn from the banks. Debentures were issued; new taxes were
+imposed. The commercial panic was in full career when the crown renewed
+transportation to Van Diemen's Land; and thousands and tens of thousands
+of British offenders were gathered on these shores. The expenditure of
+the government, though large, was chiefly confined to the Capital, or
+fell into the hands of the merchants; but it is worthy of remark, that,
+except one house, all who could pretend to that rank maintained their
+position.
+
+The settlers were, however, deeply involved. They were mostly induced to
+purchase at the land sales by borrowed capital. They complained bitterly
+of the usury, to which their produce bore no comparison; and incessantly
+invoked the legislature to limit the exactions of money-lenders. To
+aggravate these evils American flour poured into the colonial markets,
+drawing their cash and rendering agriculture profitless. The
+declarations of insolvency were daily. Whole streets of mechanics and
+traders followed each other. A common liability to the same ordeal
+introduced a system of dangerous license; and men walked away with their
+creditors' property without molestation and almost without reproach. The
+statistics of these times afford a memorable warning to all. To the
+government, that by enticing the people to purchase land, the general
+revenue will suffer by their imprudence; to the banks, that by reckless
+advances capital will be sacrificed for nominal assets; and to the
+British merchants, that by glutting every store with speculative
+consignments they render their exports of no value--that they ruin the
+shopkeeper, whose capital they destroy by the competition and sacrifice
+of their own.
+
+But the great resources of the colonies soon manifested themselves. A
+settler at Port Phillip discovered or applied the art of boiling down
+the surplus stock, so as to produce the tallow of commerce; and sheep,
+lately 2s. 6d., became worth eight shillings. The discovery of the Burra
+mines raised Adelaide from deep prostration. The opening of new tracts
+of country offered a vast field for successful enterprise; wool once
+more rose in price; the banks lowered their discounts to a reasonable
+level; the goods saved from the general wreck appeared in the shops of
+those who took the tide at its flow; and every colony exhibited the
+signs of returning vigor--all but Van Diemen's Land.
+
+
+
+
+SECTION V.
+
+
+The last three years of Sir John Franklin's administration were chiefly
+employed in arranging the details of the system of convict discipline,
+afterwards expanded by Lord Stanley to gigantic proportions, and
+described in the second volume of this history. Accompanied by Lady
+Franklin, Sir John penetrated the western district of Van Diemen's Land
+to Macquarie Harbour, formerly a penal station, to ascertain its fitness
+for a similar purpose, and some of the perils of his early life were
+renewed. His absence for several weeks awakened great anxiety, and his
+return was greeted with a general welcome (1842).
+
+The most painful event of his political career sprung from a
+disagreement with the nephews of Sir George Arthur, and especially with
+Mr. Montagu, the colonial secretary. A narrative of this dispute,
+written by Franklin on his return to England, was issued for private
+circulation just after he started on his last voyage of discovery.[228]
+This account traces minutely the progress of a quarrel which all parties
+concerned are anxious to forget. The power acquired by Mr. Montagu in
+colonial affairs was considered by Franklin incompatible with their
+relative position. Inferior officers had been dismissed on his
+imperative advice, who complained that they were sacrificed because they
+stood in his path and thwarted his plans. Franklin partly shared in
+their suspicions, and appointed persons to offices who were unconnected
+with the Arthur party, and as a counterpoise to their influence. The
+immediate cause of the final rupture was the restoration of a colonial
+surgeon, dismissed on a charge of culpable negligence. His neighbors,
+believing the penalty unjust, remonstrated in his favor, and Franklin
+complied with their request. This Mr. Montagu severely condemned, as
+fatal to the dignity of government, and ascribed the lenity of Sir John
+to the influence of Lady Franklin. He then announced to the governor, in
+a formal manner, that thenceforth he should confine his own services to
+the routine of his office, and that a cordial co-operation might be
+expected no longer. The details of business, formerly prepared to the
+governor's hands, were left to himself: trifles exhausted his attention:
+his pleasure was asked with affected formality, and his enquiries
+answered with studied reserve. In a dispute with the governor in
+reference to a matter of fact, Mr. Montagu addressed him (17th of
+January, 1842)[229] in the following style:--"I trust," said he, "your
+excellency will also pardon me for submitting to you--and I beg to
+assure you that I do so under a deep conviction of the necessity of
+supporting my statement--that while your excellency and all the members
+of your government have had such frequent opportunities of testing my
+memory as to have acquired for it the reputation of a remarkably
+accurate one, your officers have not been without opportunity of
+learning that your excellency could not always place implicit reliance
+on your own." Clothed in a profusion of words, the charge of imbecility
+or falsehood was understood. The jealousy and contempt which had
+characterised the late official intercourse of Sir John and the
+secretary could not but injure the public service and divide the
+government into factions. But this language was deemed inconsistent with
+official subordination, and on its receipt Mr. Montagu was dismissed.
+Aware that it would be difficult to justify his note, Mr. Montagu
+offered an apology, with a view to a restoration. He sought, through Dr.
+Turnbull, the friendly offices of Lady Franklin. Her mediation was
+employed, and was unsuccessful; but Sir John promised to represent the
+past services of Montagu in the most favorable terms to the secretary of
+state, strongly recommending his employment elsewhere. This pledge the
+governor redeemed. Lord Stanley received Mr. Montagu with
+favor--consulted him in reference to convict discipline--heard his
+complaints of Sir John and Lady Franklin--and treated the governor in
+his own imperial way. He admitted that the proper relative positions of
+Franklin and the colonial secretary had been inverted; but ascribed the
+ascendancy of Montagu to his intellectual superiority; ordered his
+salary from the hour of his dismissal to be paid; and claimed the credit
+of great moderation in not sending him back to his office. The generous
+testimony of Sir John in Montagu's favor was quoted to condemn his
+dismission. The despatch containing these sentiments was placed in the
+hands of Montagu, who, with natural exultation, sent it out instantly to
+his friends. He had preserved minutes of his interviews with Lord
+Stanley, and recorded his own severe reflections on the character of
+Lady Franklin. These memoranda, bound together, were sent by Mr. Montagu
+to the colony, and, although circulated with some reserve, became very
+generally known. The governor complained bitterly of this covert
+detraction, and especially of the attack on the character of his wife,
+whom he solemnly vindicated from that interference with public business
+charged upon her. No one who reads the dispute will deem it necessary to
+weigh nicely the reproaches which were current on either side. To
+destroy or be destroyed is the usual choice of official war; and Montagu
+had not been bred in a school where more generous maxims prevail. He had
+conquered; and the feelings of the governor or his partisans were not
+likely to be treated with tenderness. Sir John is perhaps the only man
+who ever accompanied a dismissal with eulogy, and the result of his
+candour will probably prevent its imitation.
+
+To Lord Stanley more blame must be attached. It was his duty to care for
+the reputation of a governor whom he did not instantly recall. But his
+despatch was in print long before it reached the hands of Franklin, and
+must have been fatal to his proper authority had not popular sympathy
+sustained his government. Before Sir John received an official notice of
+his recall his successor arrived. On this abrupt termination of his
+office he obtained private lodgings in haste. The Legislative Council,
+then sitting--the various churches and literary societies, expressed
+their admiration of his personal character, and, more sparingly, their
+approval of his administration. He was attended, on his departure, by a
+considerable party of northern colonists. Sir John, in reply to their
+addresses, spoke with some warmth of that portion of the press which had
+libelled his wife,--a lady devoted to the welfare of the colony; whose
+last act was to settle property on an institution for scientific uses;
+whose benevolence was unbounded, and who, at a large sacrifice of her
+private fortune, had ministered to the comforts of the poor. Had it been
+consistent with his duty, he said, he would have gladly exposed to the
+whole people his most secret measures. He declared that he would never
+fail to uphold the reputation and to promote the prosperity of the
+colony. The frank and humane temper of Sir John Franklin won the
+affections of the settlers. He thought favorably of their general
+character, appreciated their moral worth, and shared in their notions of
+convict discipline. The insults of which he complained were the acts of
+a few: a philosopher would have smiled where he deprecated; and have
+felt that the salary of office is not more certain than the enmities
+which surround it.
+
+The alleged ascendancy of Lady Franklin in public affairs it would be
+useless to discuss. Her masculine intellect and adventurous spirit led
+some to ascribe to her more than the usual authority of her sex and
+station; but whenever apparent, her influence was exercised on the side
+of religion, science, and humanity.
+
+The appointment of Franklin to this government was made at the instance
+of William IV., by whom he was greatly esteemed. It was the expectation
+of Sir John to find an easy retreat, like some of the military
+governments, where veterans enjoy the dignity of office without its
+toils. But he found himself doomed to encounter all the responsibilities
+of ordinary legislation and government, with difficulties peculiar to a
+penal colony. For this his former pursuits had not prepared him. His
+manner was often embarrassed and hesitating, and presented a contrast to
+the quiet vigor of his more able but not more amiable predecessor. The
+colony had attained that development when the public institutions
+require reconstruction, and the popular will must in some measure
+regulate their form and spirit. The administration of the governor was
+eminently disinterested. He had no private speculations or secret
+agents, and his measures were free from both the taint and the reproach
+of corruption. Such faults were sometimes imputed, but they were the
+staple slanders of writers without credit or name. His expenditure
+greatly exceeded his official income; and while the plainness of his
+establishment and entertainments was the topic of thoughtless censure,
+the charities of his family were scattered with a liberal hand. The
+piety of Franklin was ardent, and his conscience scrupulous. His remarks
+in council on the sports of some idle boys in the government domain on
+the Lord's Day exposed him to the satire of scorners. He thought that
+youths who violate the sanctity of the Sabbath take the first ordinary
+steps in a dissolute and dishonest life. An anecdote, on the authority
+of Captain Back, shows his harmless character in a striking light.[230]
+The writer observes--"As an illustration of the excellent individual to
+whom it refers, I may be pardoned for introducing it here. It was the
+custom of Sir John Franklin never to kill a fly, and though teased with
+them beyond expression, especially when taking observations, he would
+gently desist from his work, and patiently blow the half gorged
+intruders from his hands, saying, 'The world is wide enough for both.'
+Manfelly (an Indian chief) could not refrain from expressing his
+surprise that I should be so unlike the 'old chief' who would not
+destroy a single mosquito."
+
+The name of Franklin is indissolubly connected with the great problem of
+modern geography--the connection of the polar seas with the north
+pacific ocean. In 1818 he was first employed in this service, but
+returned without success. In 1820 he conducted an overland expedition to
+the Coppermine River. This party suffered every kind of hardship, from
+the loss of boats and the mutiny of their attendants: several perished,
+having eaten their old shoes and scraps of leather: yet Franklin
+recorded in his journal the following grateful expressions--"We looked
+to the great author and giver of all good for the continuance of the
+support hitherto supplied in our greatest need." They completed a
+journey of 5,550 miles. The narrative of this expedition excited at the
+time much admiration, as a rare example of intrepidity, perseverance,
+and elevated piety.[231] In 1824 Franklin was entrusted with the charge
+of another expedition. They were attacked by the Indians, and the party
+was saved from destruction by the coolness and judgment of the leaders:
+they encountered storms, fogs, and cold, which prevented their reaching
+their destination. These efforts considerably enlarged the scientific
+knowledge of the icy region. On his return to England in 1843, it was
+resolved to confide to Sir John Franklin a new effort to discover the
+north-west passage. Accompanied by Captain Crozier, he sailed in May,
+1845. The vessels--the _Erebus_ and _Terror_--were furnished with
+provisions and artificial fuel for four years. They were last seen by
+whalers in Lancaster's Sound.
+
+In 1847 the long absence of Franklin and the 136 persons under his
+command awakened considerable alarm. English expeditions, both by land
+and water, a reward of £20,000 offered by parliament, and the earnest
+co-operation of foreign powers, have done all that money, or daring, or
+affection could accomplish to solve the mystery of their fate. Though
+these efforts are not even now (1852) relinquished, the issue has ceased
+to be regarded with hope;--except by Lady Franklin, whose exertions to
+rouse and prolong the search have excited the sympathy and admiration of
+nations.
+
+FOOTNOTES:
+
+[Footnote 228: _Narrative of some passages in the History of Van
+Diemen's Land, during the last three years of Sir John Franklin's
+administration of its government._]
+
+[Footnote 229: _Franklin's Narrative_, p. 21.]
+
+[Footnote 230: _Back's Expedition_, p. 180. 1836.]
+
+[Footnote 231: _Quarterly Review._]
+
+
+
+
+HISTORY OF TASMANIA
+
+
+FROM 1843 TO 1847.
+
+
+
+
+FROM 1843 TO 1847.
+
+
+
+
+SECTION I.
+
+
+Sir John Eardley Eardley-Wilmot, Bart., succeeded Sir John Franklin,
+August 21st, 1843. His short and troubled administration, although
+crowded with incident, presents few events of permanent interest.
+Charged with the development of a gigantic scheme of penal discipline,
+founded on erroneous data, and imperfectly sustained by material
+resources, he was involved in the discredit of its failure. The
+opposition of the colony to his measures he too readily resented as
+disrespectful to himself, and thus a long and useful public life was
+closed in sadness.
+
+Sir Eardley Wilmot received his appointment from Lord Stanley, whose
+political leadership he followed in his secession from the whigs,
+occasioned by the reduction of the Irish church. During successive
+parliaments he represented Warwickshire, and for twenty years was
+chairman of the quarter sessions of that county,--in England a post of
+some consequence. He inclined rather to the liberal than the tory
+section of the house, and supported most measures favorable to civil and
+religious freedom. On the question of negro slavery he was a coadjutor
+of the decided abolitionists, and on his motion apprenticeship, a milder
+form of slavery, was finally terminated. He contributed papers on prison
+discipline, and initiated a bill for the summary trial of juvenile
+offenders. Thus he appeared not unqualified to preside in a colony where
+penal institutions constituted the main business of government, and
+where many religious opinions divide the population.
+
+The gazette which announced his appointment contained the nomination of
+Sir Charles Metcalf to the governorship of Canada, vacated by Sir George
+Arthur. An article in the London _Times_ attacked Sir E. Wilmot with
+uncommon acrimony, attributed by himself to the influence of private
+spleen. He was described as a mere joking justice, accustomed in his
+judicial office to "poke fun" at prisoners, destitute alike of talents
+and dignity, and his character a contrast with that of the new Canadian
+governor. This bitter diatribe was published in the colonies, and was
+not forgotten in the strife of factions. Metcalf was indeed a governor
+with whom the widest comparison would scarcely find an equal. Every
+Capital he ruled is adorned with his statue, and when he descended to
+the dust his tomb was wet with the tears of nations. He consulted the
+ministers with the independence of a patriot, and governed the people as
+one of themselves.
+
+Wilmot landed at a distance from Hobart Town, and delayed his entrance
+on office to afford time for a removal of Franklin's household. When he
+was sworn in the town illuminated, and the usual excitement of novelty
+wore the appearance of public welcome.
+
+The open and affable address of the governor attracted the people. He
+rapidly traversed the island. The agricultural knowledge he possessed,
+his promptitude in forming and expressing opinions, contrasted with the
+habits and manners of his predecessor. Those who were experienced in
+official life foresaw the dangers of a temper so free and of movements
+so informal. The opponents of the late governor recommended the neglect
+of all the distinctions which had limited intercourse, and some persons,
+never before seen at government-house, were admitted to the closet, and
+boasted their intimacy and influence.
+
+Scarcely had Wilmot entered office, when an exercise of mercy brought
+him into collision with one of the judges. Kavanagh, a notorious
+bushranger, was condemned to death. He had fired on a settler, whose
+house he attempted to pillage. In giving sentence the judge remarked
+that he had seldom tried a culprit stained with so great an aggregate of
+crime. Ten minutes before the time appointed for his execution the
+governor granted a reprieve. Judge Montagu was indignant, and those who
+had suffered by the depredations of the robber shared in his opinion.
+The press, in commenting on the commutation, predicted that the culprit
+would not long escape the scaffold. He was implicated in the murders of
+Norfolk Island, and suffered death (1846). Judge Montagu, shortly after
+the reprieve, tried four men for a similar crime, and instead of
+pronouncing sentence, directed death to be recorded. He stated that the
+sparing of Kavanagh could only be justified by the almost total
+abolition of capital punishment. At a meeting of the Midland
+Agricultural Association Wilmot noticed these reflections, and declared
+that he would never inflict death in consideration of offences not on
+the records of the court, and that in this case robbery only had been
+proved. He thus early complained of anonymous attacks, and admitted that
+in offering these explanations he was out-stepping the line of his
+situation. Topics of a far more agreeable nature were suggested by the
+special business of the day. He dwelt with great fluency on the
+advantages of agriculture, and dilated on the importance of independent
+tenants and an industrious peasantry. "You," he observed, "are to
+consider yourselves as the column of a lofty pillar; but, depend upon
+it, a tenantry form the pedestal,--a virtuous, moral, and industrious
+peasantry the foundation on which that pillar rests. I see around me
+some of your largest proprietors, who this day are lords of wastes and
+princes of deserts; but who, if the system of tenantry be carried out as
+fully as it deserves, will become patriarchs; and the future Russells,
+Cavendishes, and Percys of the colony may be proud to date their
+ancestry from any one of you."[232] This strain of compliment was
+returned by Mr. Kemp, the oldest of the settlers,--so many years before
+distinguished in the deposition of Governor Bligh. He congratulated the
+meeting on the appointment of his excellency, whose presence he compared
+to "the vivifying rays of the sun after a long cheerless winter,
+encouraging the ploughman to resume his labors with fresh spirit."
+
+The prevalence of bushranging, though far less than at an earlier
+period, induced the midlanders to project a yeomanry corps. They were to
+provide weapons, meet for exercise, and always stand prepared to answer
+a summons. They proceeded to the choice of a treasurer and
+secretary--Messrs. Keach and Leake, Jun. They were, however, informed
+that the levying of armed men is the prerogative of the Queen. On
+reference to the governor, he declined to sanction their incorporation,
+while he praised their martial spirit. Bushrangers rarely move in
+numbers, and a military is not the kind of power best adapted to
+suppress them.
+
+On meeting his council for the first time (October 21, 1843), Wilmot
+expressed his admiration of the colony, its soil, its climate, and
+immense resources. He promised to consider the pecuniary difficulties of
+the settlers, with a view to their alleviation. Referring to the
+appointment of a comptroller-general, the chief officer of the convict
+department, he declared his cordial concurrence with the new discipline
+as a reformatory system; and, noticing the recent arrival of a bishop,
+he avowed his preference for the episcopal church, and, in still
+stronger terms, his attachment to religious liberty and equality.
+
+The salary of the governor was augmented to £4,000 per annum: the former
+uncertain but expensive allowances were withdrawn. Franklin had enjoyed
+£2,000 per annum, as salary, and the government houses of Hobart Town,
+New Norfolk, and Launceston; a farm at New Town, and a large garden in
+the domain. The salary of the new governor was given in full discharge
+of all demands. The beautiful gardens he determined to throw open to the
+public.
+
+Having accepted the office of president, Wilmot convened the Tasmanian
+Society, formed by Franklin, and presented a series of alterations in
+its organisation. He proposed that it should consist of a president,
+four vice-presidents, and a council of twelve, to be nominated by the
+governor; and that at first it should be limited to fifty fellows. The
+project was distasteful to the original members of the Tasmanian
+Society, who objected to the summary increase of their body. Wilmot
+proceeded to incorporate those who concurred with his views as "The
+Horticultural and Botanical Society of Van Diemen's Land." They were
+then intrusted with the government garden, and the appropriation of a
+grant of £400 per annum, required for its cultivation. The discarded
+society complained of the haste of the proposed revolution. They thought
+past services demanded a consideration of their wishes. They had
+received in trust an endowment from Lady Franklin of some prospective
+value; they corresponded with men of the first scientific circles; and
+they had published a journal which widely extended the physical
+knowledge and European fame of this hemisphere. None who are experienced
+in the causes of political discontent will consider such trifles without
+serious effect on the tempers of parties and the peace of rulers.
+
+Wilmot received the government in a condition most unfavorable to his
+tranquillity. The arrival of many thousand prisoners had for a time
+quickened trade, and some months elapsed before they became competitors
+for the bread of the free mechanics. The universally low price of labor,
+the demand for dwellings, and the closing of a local bank, which
+liberated small capitals, occasioned a competition for town allotments,
+and set all classes to building. But this stimulus was soon exhausted,
+and workmen of every grade began to suffer distress. They found hundreds
+of passholders working at a price to them, indeed, ample, but on which a
+family would starve. The regulations introduced by Lord John Russell
+discouraged employment of prisoners in the towns, where they could
+easily indulge every evil inclination, and where they abated the value
+and respectability of labor; but such was the pressure of numbers on the
+colonial government that its officers were glad to abandon all
+reformatory theories to get rid of the crowds which idled their time and
+burdened the British treasury. The free operative classes appealed to
+the governor for redress. Wilmot replied by appeals to their humanity:
+he said that many prisoners of the crown, influenced by bad example,
+ignorance, and want, had lost their liberty; that it would be unkind and
+unjust to obstruct their progress to competence and reformation. These
+excuses for a policy which tended to depress honest workmen only
+convinced them that it was time to retire from the country. A more
+powerful class might have shown that the proper office of mercy is to
+shorten the duration of a sentence, and not to inflict punishment on
+unoffending families of freemen.
+
+A party of colonists, who chose Mr. Gilbert Robertson as their
+secretary, formed an association to promote the amelioration of
+financial embarrassment. They nominated a "central committee," to
+prepare information for the guidance of the government, and to watch
+over legislation. In explaining their plans to Wilmot they professed to
+feel confidence in his liberality, judgment, and zeal. To this he
+replied in glowing terms. He told them that during a short residence he
+had traversed the colony and acquired a knowledge of its value; that he
+had projected many schemes for the improvement of agriculture and the
+relief of the treasury. He gave strong assurances both of his
+expectation of better days and his efforts to hasten them; but then he
+complained that the association, by its structure and schemes, depressed
+his anticipations; that they proposed to supersede imperial
+instructions, and to supplant his constitutional advisers. The
+objections he offered, and the tone in which they were urged, induced a
+practical dissolution of the society--scarcely compatible with regular
+government.
+
+For the last time in these colonies application was made by the settlers
+for a law to restrict the amount of usury. It had been a favorite object
+for many years. They asserted that the exactions of capitalists involved
+the colony in a hopeless struggle. England had, however, abrogated
+usury laws, and left the value of money to be determined by the ordinary
+relations of supply and demand. To this principle the governor resolved
+to adhere (1844).
+
+What the law could not effect was produced by a less exceptionable
+process. The merchants and professional men addressed the banks, and
+urged an abatement of interest, then 10 per cent. for short-dated bills,
+and 12-1/2 for renewals. They appealed rather to liberality than to
+abstract right. This was followed by a reduction in the Van Diemen's
+Land Bank,--an example which the other establishments did not readily
+adopt. Eight per cent. soon, however, became the highest amount usually
+exacted in regular transactions.
+
+The difficulties of the agriculturists from the low price of grain,
+induced them to look for artificial relief. With too much facility
+Wilmot gave hopes which he could not realise. The imposition of a heavy
+duty on New South Wales tobacco, amounting to prohibition, and that just
+as it was reaching considerable perfection, led to the imposition of a
+duty on our grain. It was the wish of the Tasmanian settlers to restore
+free trade between the colonies, and to impose discriminating duties on
+the produce of foreign countries; but the harsh and ridiculous system of
+colonial government, which discriminated between Australian and Canadian
+grain, compelled one British colony to treat another, its next neighbor,
+as an alien, and that while England demanded free admittance for English
+manufactures. The peremptory instructions of Stanley were conveyed to
+the local governors in terms of intimidation.[233] They were forbidden
+to allow any kindred colony the least advantage over foreigners, or to
+pass any bill for that purpose, and were told that any evasion of this
+restriction would occasion the high displeasure of the crown. The reason
+alleged for this interference was that colonies could not be expected to
+understand the treaties and trading system of the parent state; as if
+any treaty should have hindered a commerce actually not more distinct
+than the trade between London and Liverpool. Wilmot warmly espoused the
+claim of the Australian colonies to share in the privilege of Canada, in
+favor of which the duties had been relaxed on colonial grain. Mr. Hutt
+brought their petitions before the attention of parliament; but he could
+not plead a political necessity, and the ministers were able to resist
+without the risk of a rebellion. They asserted that the distance made
+the concession of no practical value, while it would tend to augment the
+alarm of the English farmers! Thus, while they humored the empty fears
+of their own constituents, they afforded another example of the futility
+of colonial petitions which, however just, it is convenient to
+disregard.
+
+To assist agriculture, the council passed an act interdicting the use of
+sugar, under certain conditions, by public brewers. The trade strongly
+objected to the restriction, as impolitic, vexatious, and impracticable.
+Their objections were admitted by the secretary of state, who quietly
+observed that he had been advised that sugar could not be considered
+deleterious. This is the last attempt at protective legislation.
+
+To benefit the rural interest the governor proposed a grand scheme of
+irrigation. An eminent engineer, Major Cotton, was employed to report on
+the subject, and suggested the detention of the waters of the vast lakes
+which overflow from the heights of the western mountains. A rate to be
+imposed on the various estates was to discharge the cost. Thus in those
+seasons of drought which sometimes occur the lowlands would be made
+increasingly fertile. The immediate object--the employment of probation
+labor at the colonial cost--detracted something from the charms of the
+project. Nor did it seem just that the settlers should risk the ultimate
+cost of an undertaking they could not limit. Sir E. Wilmot earnestly
+recommended the scheme to the home government, but Lord Stanley
+hesitated until the evils of the probation system enforced a change, and
+lessened the labor at the disposal of the crown. Had the men been
+employed on a work so popular they would have been withdrawn from the
+colonial eye, and the interest of their new labors might have
+extinguished the prevailing discontent. But while the governor waited
+for instructions the men were idle, or employed in useless attempts at
+cultivation on barren land, of which the produce rarely defrayed the
+cost of the implements destroyed.
+
+The charge for police and gaols had always been borne by the legislative
+council with impatience. The estimates were accompanied by an annual
+protest against entailing on the colony any pecuniary consequence of
+British crime. But when the convict labor was withdrawn from the roads,
+and new taxes demanded, the time arrived for the most decided
+resistance, and the event proved that the councillors who refused their
+consent acted with prudence. The minister himself was compelled to own
+at last, that the exaction of twenty shillings per head for police, was
+unexampled in civilised governments.
+
+In 1836 Mr. Spring Rice (now Lord Monteagle) took advantage of a
+considerable local land fund to throw on the council the police
+establishment of the colony, occasioned by transportation. The sum then
+required (£14,000) was comparatively unimportant, and it was urged that
+the labor of convicts employed on public works at the cost of Great
+Britain, except £4,000 for superintendence, was a sufficient
+compensation. But the charge for constabulary and prisons gradually
+increased to £36,000. The land fund, after deducting £97,000, expended
+for emigration, for the support of aborigines, and the working of the
+land office, yielded in ten years a surplus of £207,000, carried to the
+general revenue; but during this time the charge for police and gaols
+exceeded £311,000. The increase of judicial expenses, and especially of
+witnesses, was proportionately great; and this last item in one year
+(1846), although most lighter crimes were disposed of in a summary way,
+rose to £6,000. The execution of public works by the crown had been the
+sole vindication of these charges. From this arrangement Lord Stanley
+departed, and in peremptory terms prohibited a spade to be moved but on
+payment from the colonial treasury. Thus at a season of commercial
+stagnation the benefit of convict labor was withdrawn, while the charges
+for police and gaols rose to one-third of the entire revenue of the
+colony, and in two years and a-half a debt accumulated to £100,000.
+
+Notwithstanding the obvious injustice of this burden, the treatment of
+the New South Wales legislature gave slight hope of redress. Lord
+Stanley directed Sir George Gipps to obviate the threatened resistance
+of that council by hastening pardons to the prisoners, by withdrawing
+them from the service of the settlers, and by sending those not
+otherwise disposable to Van Diemen's Land. He was forbidden to relieve
+extreme financial difficulties by drafts on England, or draw from the
+military chest, although at the period an immense body of convicts
+remained long after transportation had ceased. This disregard of a more
+powerful colony led the people of Van Diemen's Land to infer that from a
+minister so unscrupulous no justice could be expected while evasion was
+possible.
+
+Wilmot was deeply embarrassed, but he determined to adhere to the
+instructions of the secretary of state, whose distance prevented his
+perceiving the hopelessness of his project until that discovery was
+unavailing. The positive nature of these injunctions left no room for
+discretion. The governor was commanded not to adopt any detailed
+regulations at variance with the scheme prescribed by the crown, or to
+depart from its provisions without express authority.[234]
+
+Sir Eardley Wilmot resolved that the utmost extent of taxation should be
+tried rather than infringe the orders of Stanley. A bill to raise the
+duties on sugar, teas, and foreign goods from 5 to 15 per cent.
+encountered an earnest but unavailing opposition. This bill was still
+more obnoxious from a clause, afterwards abandoned, to levy the duty on
+the current value of goods at the market of consumption, instead of
+export--a mode which taxed all the expenses of shipment. Mr. Gregson
+proposed the rejection of an impost required only by the extraordinary
+pressure of convictism. Several of the non-official members voted with
+the governor for the last time.
+
+A committee of the council had been appointed to ascertain how the
+expenditure could be reduced and the revenue augmented. They enumerated
+various forms in which further taxation might be practicable. These were
+proposed by the governor. Auctioneers, pawnbrokers, publicans, butchers,
+eating-house keepers, stage-coach and steam-boat proprietors, cabmen,
+and watermen, were to be subject to new or increased license fees.
+
+This project aroused the people to an unusual degree. On the day of
+public meeting[235] a procession of cabs and waggons, decorated with
+flags bearing the inscription, "No taxation without representation,"
+presented a novelty in colonial agitation. Mr. Kemp, the veteran
+politician, presided. The opposition prevailed, and the governor
+resolved to withdraw the obnoxious measure. It would be difficult to
+discern a line beyond which taxation might not pass, if every trade and
+profession can be subject to arbitrary imposts levied by a legislature
+at the mere dictation of the crown.
+
+Referring to this meeting as a triumph which history would report to the
+latest posterity, the _Courier_ added--"Rulers will henceforth recoil
+from the virtuous indignation of the people, as the reptile recoiled
+from the touch of Ithuriel's spear." It was supposed by Wilmot that this
+not very lucid prediction conveyed a gross and personal insult, and that
+it attributed to him the artifices and loathsome habits of the fiend.
+The private secretary was instructed to withdraw the subscription of the
+governor, and to explain the cause of his displeasure. Such petulance
+took the colony by surprise. A less experienced politician might have
+been expected to disregard a heavier censure; and this conflict with a
+local editor was noticed by the London press as a curious instance of
+official sensibility.
+
+The sheriff refused to call a meeting to consider the condition of the
+colony, because one of the objects was to notice the appropriation of
+the public revenue. This he had been advised was an interference with
+the royal prerogative! The friendly tone of his refusal restrained the
+wrath it was calculated to excite. It is quite impossible to suppose any
+branch of politics more clearly within the sphere of popular
+remonstrance than the expenditure of the public money (August, 1845).
+
+Mr. Bicheno, the colonial secretary, who, like the governor, might have
+been popular in quiet times, was little qualified for a stormy debate.
+He announced the most arbitrary notions in the blandest tones, and
+asserted that the doctrine of concurrent representation and taxation was
+a wild revolutionary idea, exploded by American independence. The
+revenues he called the Queen's, and thought it monstrous that any should
+dispute her right to her own. Though he compared the parent country to
+the hen and the colonies to chickens, he could see nothing to disturb
+the analogy in a demand for fresh contributions. He asserted that all
+constitutional history showed that it was the prerogative of the crown
+to tax the people, and instanced the Cape--a conquered province--as an
+example. He affirmed that customs were not taxes, as the public were not
+compelled to use the articles on which they were levied. The prosperity
+of communities he asserted rose with the increase of taxation; that the
+placards posted over the town were a complete delusion. Taxation and
+representation--a cry first introduced by Lord Chatham, was, he said,
+never adopted by the liberal whigs (August, 1845). Such un-English
+notions were no assistance to the cause of the executive, and were
+distasteful to all who pretended to value constitutional government.
+
+The _ad valorem_ duties, raised to 15 per cent., for some time produced
+less than they realised at five. The licensing scheme being rejected,
+nothing remained but to reduce the expenditure or increase the debt. To
+relieve the revenue and employ the convicts the executive proposed a
+road act, and another for lighting and paving Hobart Town. The great
+objection to these measures was their design to evade the question at
+issue between the home government and the colony;--with many more odious
+still as recognising a right in a crown appointed legislature either
+directly or indirectly to tax the people. Mr. Gregson stated early in
+the session that he would not levy a shilling additional until the
+burdens of police were equitably adjusted. Supported by Captain
+Swanston, formerly a staunch adherent of Sir G. Arthur, he successfully
+moved the rejection of these bills. Their discussion drew forth many
+expressions of personal feeling. The governor declared he would not stay
+in office one hour did he not believe that Lord Stanley meant fairly by
+the colony, or could he not conscientiously act upon his lordship's
+instructions; and he begged that all the opprobrium cast on Lord Stanley
+might be considered equally applied to himself. He remarked that the
+opposition had exhibited a spirit "more radical and even Jacobinical"
+than he ever had witnessed in parliamentary factions. These reproaches
+were repelled by Mr. Gregson, who contended that in resisting unjust
+exactions for convict purposes he was promoting the real interests of
+the colonial government. The governor retorted that with such support as
+the honorable member afforded he would readily dispense.
+
+When the estimates for the year were presented (August 20th) the country
+party insisted on enquiry, and Mr. Dry proposed the appointment of a
+committee to ascertain the proportionate burdens transportation imposed.
+This motion was rejected by the governor's casting vote. Another, made
+for adjournment, to give the members time to investigate the items, met
+a similar fate. It was, however, discovered when the estimates were read
+that they differed from the copy in the hands of the members. The chief
+justice supported a second motion for adjournment, to enable the
+colonial secretary to correct these discrepancies. On the re-assembling
+of the council (25th) the governor stated that considering the
+determination avowed by the members to refuse all items for the expenses
+of convictism, and the general state of popular feeling, he had resolved
+to pause, and to await the arrival of expected despatches on the subject
+of dispute from Lord Stanley, in reply to his own.
+
+Sir E. Wilmot was sensible of the financial burden inflicted by the
+convict establishments. A committee of government officers sat shortly
+after his arrival, and pointed out the many and large items to be traced
+to the prevention and punishment of crime. This report he forwarded to
+Lord Stanley. He complained that charges never before thought of were
+levied by the commissariat, as well as the full value of convict labor,
+and insisted that the expences incurred by the colonists for police
+ought in fairness to be defrayed by the crown, or that the labor at its
+disposal should as formerly be allowed in compensation.[236]
+
+So late as August, 1844, the secretary of state refused to entertain the
+claim for relief. He stated that the colony would be obliged to expend a
+sum nearly equal, although all the convicts were withdrawn; for their
+sakes, he said, the island was colonised; they constituted the working
+population; and he added that in the military and naval protection, the
+support of the unemployed convict, and the capital and cheap labor
+poured into the colony, a fair proportion of expenditure was borne by
+the crown.
+
+Pressed by extraordinary difficulties, Wilmot again[237] urged the
+injustice of these conclusions. He complained that not only India,
+China, and the Cape of Good Hope, but New South Wales, were pouring in
+felons of the worst description, who, as pass-holders, occasioned a vast
+outlay for the suppression of crime. He told his lordship that for
+several years the land fund had totally failed, while the expenses of
+police and gaols, of judges and witnesses, had risen to £50,000. At this
+time the number of arrivals was five thousand annually, sent from every
+colony and dependency of the empire, as well as from the United Kingdom.
+There were between three and four thousand pass-holders unemployed,
+7,000 in private service, 6,000 about to emerge from the gangs, 8,000
+with tickets-of-leave or conditional pardons, and in all more than
+30,000 unqualified to quit the island without the consent of the
+crown.[238]
+
+It is impossible to read these representations without feeling indignant
+at the nobleman who suffered the representative of the Queen to struggle
+with difficulties so manifold and great,--who left him to the
+alternative of breaking through positive prohibitions or of incurring
+popular distrust and aversion. To this delay the governor owed much of
+the opposition he suffered, and the imperial government inconveniences
+of lasting consequence. Nothing was conceded to justice--nothing to
+entreaty; and the secretary of state yielded at last as despotism must
+ever yield,--without merit and without thanks.
+
+The whole change in the details of the convict department was marked by
+a spirit eminently opposed to the colonial welfare. With singular
+acuteness and perspicuity Lord Stanley described the former systems as
+subject to local influence and subservient to local ends. Every
+governor, he alleged, was under a strong bias in favor of expense, as
+the patron of a multitude of officials. He stated that the executive
+council were equally benefited by the wasteful expenditure, either in
+their own persons or those of their official brethren, and that every
+colonist had an interest in the multiplication of bills on the British
+treasury. To prevent these abuses, the convict estimates were
+thenceforth to be prepared by the colonial secretary, the
+comptroller-general, and the commissariat officer, subject to the
+approval of the secretary of state.
+
+The management of the prisoners being confided to the judgment of the
+governor, Lord Stanley deemed the chief cause of its many changes, and
+its subservience to colonial prosperity. The deference of the ministers
+to this discretion he attributed to the unwillingness of the home office
+to interfere with a functionary in correspondence with the colonial
+office, and the reluctance of the secretary for the colonies to guide a
+penal system designed for interests exclusively imperial. Thus, he
+stated, the governor was practically independent, and had strong
+inducements to render the labor of convicts subservient to colonial
+wealth, and to disregard the great design--the prevention of crime in
+Great Britain. He declared that all schemes of convict management were
+of colonial origin, and all contemplated local interests as their main
+object. To prevent these devices he proposed to retain in the
+colonial-office the exclusive management of the details of
+transportation.[239]
+
+Among the items of convict expense was a charge of £164,000 for rations.
+This Lord Stanley considered an extravagant outlay. He deemed it highly
+improper that in a country where all the means of subsistence existed in
+such abundance with an unlimited supply of manual labor, this charge
+should remain. He however feared that while the convicts were permitted
+to labor on works of colonial utility the local authorities would always
+find means to increase the charges for their subsistence (Feb. 28, '43).
+The treasury concurred in this view, and requested that explicit
+instructions might be given to Wilmot and the comptroller-general to
+prevent the employment of labor for the colonial benefit, and to devote
+their utmost efforts to raise the food on the waste lands of the colony.
+
+The convict department attempted agriculture, and they selected for the
+experiment cold, damp, and barren soils. Gardens of a few acres occupied
+a thousand men: the cleared land was utterly worthless. Garden seeds
+were brought into the colonial market, and potatos sold at twenty
+shillings which cost the government £10 per ton. Several hundred men
+idled their time in cultivating land which did not equal in the
+aggregate a single farm.[240] The estimated value of all the articles
+produced on two stations, Deloraine and Westbury, in 1846, by four
+hundred men, was less than £2 per man; while the salaries of their
+officers were nearly double that sum.[241]
+
+Mr. Montagu, the late colonial secretary, in estimating the cost of the
+convict department, presented a calculation £100,000 annually less than
+the estimate of the officers on the spot. This difference Lord Stanley
+set up as proof of the culpable negligence and profligacy of colonial
+expense. He considered the body of persons employed in the control of
+prisoners excessive. A reduction was therefore enforced, and in the end
+less surveillance was employed than free labor usually requires.
+
+To each party of three hundred seven overseers were attached, without
+constables or other restraint. The sub-division of these parties in
+labor left them often to the practical oversight of a single person, and
+he an expiree. Thus they were able to make excursions for the purposes
+of robbery and pleasure: their clothing tended rather to disguise than
+distinguish them. As the terms of their service expired they were
+discharged in the prison dress, and no one could tell whether they were
+or not illegally at large. Escaped prisoners have been known to walk
+through bodies of men on the road without challenge. In several
+instances robberies were committed on travellers within the precincts of
+the stations. The enclosures were often merely the common garden fence.
+The judges avowed that in passing sentence for crimes they could not
+punish them with severity, considering the strong temptations of the
+men. Remembering the number virtually and legally at large, the degree
+of safety, or rather the instances of exemption from pillage, must be
+considered almost miraculous. A great portion of minor crimes were not
+prosecuted, and a still larger number were undetected; but eight hundred
+recorded crimes--a scourge to ten thousand families, and full of terror
+and danger to all--would not seem extravagant when divided among thirty
+thousand prisoners.
+
+The despatches of Wilmot to Lord Stanley described with accurate
+minuteness the social effects of the probation system. Those who
+remember his apparent apathy when those evils were the topics of
+colonial complaint will deplore the strange fidelity to his political
+chief which induced him to conceal his own sentiments from the
+colonists. He stated that the territory was inundated with unemployed
+prisoners; that no labor being in demand, they must either starve or
+steal; that a yearly increasing pauper population, without adding one
+atom to colonial wealth, would swell the catalogue of crime and increase
+the public expense in every form; that the number out of employment was
+fearfully great; and that land--cleared, fenced, in complete
+cultivation, with houses and buildings--might be bought at the upset
+price of waste land. To remedy these evils he proposed the extension of
+conditional pardons to the Australian colonies, the remission of the
+price of crown lands to emigrants, and the letting of allotments at a
+nominal rental for seven years to conditionally pardoned men, with a
+contingent right of purchase.[242]
+
+To all these remonstrances, so far as they affected the colonist, Lord
+Stanley had a ready reply. The colony was originally penal, and could
+claim neither compensation nor relief. He considered that in emigrating
+the colonists surrendered at discretion; that they were not entitled to
+object to the trebling of their police burdens and to the importation of
+all instead of a small part of the convicts of the empire, as was the
+case up to 1840. His rejoinder was felt with that bitterness which none
+can realise who have not known the tyranny of irresistible despotism.
+Happily for mankind there is no power above the steady and determined
+operations of truth and right. The cruel desertion of the people in the
+hour of their distress--the scornful defiance of their complaints, has
+involved the cabinet of England in difficulties for which nothing but
+great sacrifices will fully obviate. No people in this hemisphere will
+entirely trust a British minister until the history of Van Diemen's Land
+is forgotten.
+
+The anticipated relief not having arrived, the governor again assembled
+the council on the 21st of October. He now proposed several expedients
+to meet the exigencies of the moment. He had, unauthorised by the
+council, borrowed money of a bank. He proposed to stop the forage
+allowance of the clergy, and to retain 12-1/2 per cent. of the salaries
+of the officials. Both these measures were withstood--the last
+effectively. The chief justice denied the power of the council to
+interfere with his income. When a new set of estimates was offered they
+were found to be unintelligible, and an adjournment, to enable the
+colonial secretary to afford the necessary information, was proposed by
+Mr. Dry. This reasonable request was lost by the governor's casting
+vote, and several motions with a similar object were defeated in the
+same manner. Mr. O'Connor, the non-official member who supported the
+executive, was absent, and thus the votes of the official and country
+party were equal, and the balance was in the governor's hands.[243] At
+the next sitting of the council Wilmot proposed to pass the estimates.
+Ineffectual efforts to postpone their consideration exhausted all means
+of evasion, and Mr. Dry moved that the Appropriation Act should be read
+that day six months. He expatiated on the injustice of the system which
+condemned the colony to the cost of an imperial scheme, and insisted on
+the solemn obligation of the council to resist an accumulation of debt
+which must involve the colony in ruin. Mr. Gregson followed, and
+referred to the unavailing representations of Sir G. Arthur, Sir John
+Franklin, and Sir E. Wilmot himself, in reference to police expenses,
+and dwelling on the evils of the convict system. An adjournment of the
+debate being moved the governor opposed it with his deliberative and
+casting vote, and added that he resisted the motion because it was only
+intended to embarrass. The Appropriation Act would then have gone to the
+third reading, but the non-official members at once quitted the chamber,
+and reduced the number below the legal quorum. On the day following Mr.
+Gregson appeared at the table and apologised for the absence of his
+honorable brethren, who were preparing a protest to present on the
+morrow. Wilmot complained of discourtesy, and denounced the opposition
+as disloyal and unconstitutional. They asserted that quitting the
+council chamber was not unusual, and was not a concerted movement, and
+resented in decided language the charge of disloyalty,--amounting in
+sworn councillors to perjury, if rigorously construed. The governor
+afterwards explained that he had reference only to the particular
+instance, and not to their general intentions.
+
+It had been publicly rumored that rather than allow the Appropriation
+Act to pass, several members had resolved to resign. Captain Swanston,
+less prominent in opposition, waited on the governor, and earnestly
+advised him to forward another set of estimates, prepared by Captain
+Swanston, for the approval of the secretary of state. He warned him that
+should he persevere a rupture would inevitably follow. In this interview
+the governor expressed his determination to proceed. He forgot, it would
+seem, some of those forms of civility which no man can safely neglect,
+and Captain Swanston left him with a sense of personal affront,--an
+immedicable wound.[244]
+
+In this temper the council met on the 3rd of October. Mr. Gregson called
+the attention of the members to a question submitted to Mr. Francis
+Smith, a barrister: Whether, as chairman of a committee, the governor
+had a deliberate and casting vote, and whether the quorum required by
+law at a meeting of council was requisite in committee; and thus whether
+the estimates were legally passed through the committee, the numbers
+present being less than one third, and the governor giving his double
+vote. Mr. Smith gave his opinion that the estimates were in law
+rejected instead of carried; but the chief justice considered the
+sitting of committee merely a convenient method to sift beforehand items
+afterwards to receive a legal sanction in the council. The
+attorney-general without notice was unprepared to give an opinion, and a
+motion of Mr. Gregson for delay was lost. The colonial secretary then
+moved the third reading of the obnoxious bill, when Mr. Dry rose to read
+a minute, signed by the members in opposition, objecting to the
+proceedings. This being rejected as irregular, Mr. Gregson proposed that
+the third reading should be delayed that the members dissenting might
+bring forward other estimates. In urging this motion he rebutted the
+"disloyal" imputation, and referred the governor to the unity existing
+in the country party in proof that inevitable necessity alone had
+prompted the co-operation of persons hitherto adverse. This motion being
+lost--before the Appropriation Act could be carried--the opposition
+quitted the council. Those remaining did not constitute a quorum, and
+the legislative session was abruptly terminated. The _Gazette_ of
+November the 4th announced that Charles Swanston, Michael Fenton, John
+Kerr, William Kermode, Thomas G. Gregson, and Richard Dry, Esquires, had
+resigned their seats.
+
+The obligation of the official members of the council to vote with the
+governor on all government questions had been long before decided. The
+non-official were only bound by their oaths to assist in all measures
+necessary for the good of the colony, but the nature of their powers and
+the proper mode of their exercise were subjects of dispute. Wilmot
+maintained that they were assisting in "a council of advice" on subjects
+submitted to their judgment, and were not qualified to question the
+general policy of the executive. All beyond a simple aye or no he deemed
+usurpation. Thus when they demanded papers, called for committees, and
+obstructed obnoxious measures by the artifices of parliamentary debate,
+they were charged with forgetting the duties of their office. These
+gentlemen, however, maintained that it was their duty to hold the
+executive in check on behalf of the people, and that whatever was not
+abstracted from their supervision by specific laws was proper for their
+consideration. The governor claimed a deliberate and casting vote; and
+thus one non-official member, by concurring with the executive, or even
+by abstaining from voting, neutralised the voice of the rest. The
+official members had no discretion allowed. Lord Stanley had ruled that,
+choosing to assume relations disqualifying them to vote with the
+governor, they were perfectly free to do so; but having done so, they
+could not retain their employment. He alleged that there would be an end
+of official subordination, and that the public service would be brought
+into serious discredit by allowing a different course. He admitted that
+exceptions might occur, but their force was left to the judgment of the
+governor.[245] This decision reduced the official debates to a mere
+pantomime, and a seven-fold vote would have better expressed the real
+character of the legislature than the disguise of separate suffrages.
+The chief justice was alone independent.
+
+Having resigned their office, the _six_ sent a letter of explanation to
+Lord Stanley. In summing up their complaints they asserted that they
+were called on to vote an expenditure the colony could not bear,--to
+anticipate a revenue higher than the customs department calculated on
+receiving; that they were denied information, although they were bound
+to deliberate; that they were expected to augment an alarming debt, and,
+when crime was increasing, to diminish police protection; that they were
+told by the governor he would carry the estimates by his casting-vote,
+before they refused to pass or had examined them; that the governor
+claimed power to borrow and spend without legislative consent; and
+finally, that discussion and enquiry were denounced as factious,
+unconstitutional, and disloyal: under these circumstances they resigned
+their seats, as the only open course, and submitted their conduct to the
+judgment of the Queen.
+
+The opposition to the measures of Wilmot could not be in every instance
+justified if separately considered. But the colony discovered in the
+governor an inflexible determination to carry out the system of
+probation under the instructions of Lord Stanley. It was not possible to
+resist the secretary of state, the chief aggressor. The imperious tenor
+of his despatches taught the people that mere remonstrance would be
+unavailing. They could only arrest his attention by involving his agents
+in embarrassment. Repeated motions for the attainment of the same object
+are certainly incompatible with legislative order. A small party might
+retard the public business, and gain no good end by delay; but the exact
+line between fair and factious opposition is not easily discovered and
+can be often only ascertained by the result. In this instance the
+object was clearly expressed in a rejected resolution:--"This council do
+decline voting the sums stated in the estimates laid on the table for
+the payment of the judicial, police, and gaol establishments during the
+ensuing year, as far as the expenses of the convict department with
+respect to those items are incurred. At the same time they desire to
+place on record an expression of regret that they should, by a sense of
+duty, be compelled to adopt any measure likely even temporarily to
+embarrass his excellency's government."[246]
+
+The cause of "the patriotic six," as they were called, was eagerly
+espoused by the colony. To supply the vacancies occasioned by their
+retirement was the labor of weeks. The governor defended himself from
+the charge of despotism, and declared that he would never interrupt the
+freedom of debate or attempt to force the compliance of the council. The
+opposition press held up to scorn those disposed to accept a nomination,
+and gentlemen who did so were assailed with scandalous abuse,--so easily
+is the noblest cause degraded by its friends. A more suitable expression
+of popular feeling was given on the return of Mr. Dry to his native
+town. He was escorted by a large concourse of people and with all the
+usual tokens of public esteem. The father of Mr. Dry was exiled during
+the political troubles of Ireland in the last century, and after a
+respectable career attained considerable wealth. The son, the first
+legislator chosen from the country-born, the colonists saw with pleasure
+consecrate himself to the cause of his native land. Mr. Gregson, the
+leader of the opposition, was honored in a more substantial form. A body
+of his admirers, by contributions of large amounts, raised a testimonial
+in the shape of 2,000 guineas, and plate with a suitable inscription. On
+no previous occasion had public sympathy so attended political
+controversy, and never was the legislative freedom of the country more
+earnestly desired.
+
+FOOTNOTES:
+
+[Footnote 232: Agricultural Dinner, October 18, 1843.]
+
+[Footnote 233: Despatch, June 28, 1843.]
+
+[Footnote 234: Despatch, No. 34, 1843.]
+
+[Footnote 235:
+
+NO TAXATION!
+
+A meeting will be held at the Theatre.
+
+Auctioneers, rise at our bidding.
+Pawnbrokers, pledge the public your interest.
+Butchers, show your pluck.
+Publicans, prove your spirit.
+Stage-coachmen, drive on.
+Cabmen, make a stand.
+Carters, put your shoulders to the wheel.
+Eating-house keepers, support the constitution.
+Boatmen, a long pull, a strong pull, and a pull altogether.
+
+God save the Queen!
+
+August 6, 1845.]
+
+[Footnote 236: Despatch. December 5, 1843.]
+
+[Footnote 237: January 24, 1845.]
+
+[Footnote 238: Despatch, Jan. 31, 1845.]
+
+[Footnote 239: Correspondence, January 5, 1843.]
+
+[Footnote 240: Mr. Maclean's Report, 1844.]
+
+[Footnote 241: Dr. Hampton's Report.]
+
+[Footnote 242: Despatch, January, 1845.]
+
+[Footnote 243: Mr. O'Connor, however, had protested against the police
+expenses in the following terms:--"Because, were this not a penal
+colony, one-third of its present police force would be adequate to its
+protection. I therefore do not consider that in common justice the
+colonial government ought to be required to defend themselves, at their
+own expense, against the aggression of convicts sent hither principally
+for the benefit of the mother country" (July, 1844).]
+
+[Footnote 244: Letter of Captain Swanston to Lord Stanley.]
+
+[Footnote 245: Despatch to Sir G. Gipps, Jan. 1st, 1845.]
+
+
+
+
+SECTION II.
+
+
+The development of the new convict system gradually disclosed its
+adverse character, and excited general dissatisfaction and alarm. The
+press warned the people that an attempt to change the whole aspect of
+the colony, from a free to a mere prison community, could only be
+resisted by instant measures. Abolition of transportation was spoken of,
+although as a contingency rather than an object desirable; and a few
+only of the colonists were anxious to speed that event. Among these was
+Mr. Pitcairn, a solicitor of Hobart Town, a gentleman never before
+prominent in politics, but eminently fitted to lead the community on
+this question. The first petition of a series unexampled in number was
+drawn up by him, and offered to the colonists for signature. All its
+allegations were supported by documentary evidence, drawn from the
+public records.
+
+The location of the gangs exposed them every moment to public
+observation. A frightful sketch of their distribution was drawn by the
+author of the petition. "If," said he, "you look at the last map of Van
+Diemen's Land (Mr. Frankland's), you will see, at the entrance of
+D'Entrecasteaux's Channel, South Port. Here there are 500 men. Above, at
+Port Esperance, 400 men. Above this, along the banks of the Huon, the
+farmers begin. At Port Cygnet, up the Huon, there are 350 men;
+proceeding up the channel, you come to Oyster Cove, 250; Brown's River
+(just above Worth West Bay and five miles from Hobart Town), 500. Taking
+now the main road from Hobart Town to Launceston (the lands on each side
+being all settled, fenced, and improved), you will see Glenorchy (eight
+miles from Hobart Town), 150 men; Bridgewater (twelve miles), 100; Cross
+Marsh (thirty miles), 100; Jericho (forty miles), 100; Oatlands (fifty
+miles), 180; Ross (seventy miles), 120; and Cleveland (86 miles), 250.
+At Perth (one hundred miles from Hobart Town and nineteen from
+Launceston), there was another gang, which was recently withdrawn.
+Leaving the main road, there are at the Broad Marsh, 240 men; at Fingal,
+400; at Buckland, 250; at Jerusalem, 500; at St. Mary's, 300; at
+Westbury, 200; at Deloraine, 300; at the Mersey, 200. In all, twenty
+gangs, comprising 5500 men."
+
+The petition this statement sustained desired the most moderate
+changes:--the reduction of the number transported to Van Diemen's Land
+to the standard of 1840; the amelioration of the discipline; the relief
+of the settlers from the expense occasioned by the presence of
+prisoners; and the gradual and total abolition of transportation. It was
+not adopted at a public meeting, but was published in several
+newspapers, and deliberately signed by those who admitted its facts and
+joined in its prayer. Upwards of 1,700 persons attached their names,
+including six non-official councillors, forty-one magistrates, and many
+other persons of influence.
+
+The committee who took charge of the petition requested the governor
+would testify to the truth of its allegations and the respectability of
+the petitioners. In few words he promised compliance. He accompanied the
+petition with a despatch generally hostile to the object and unfriendly
+to the character of the subscribers, whom he described as men habitually
+factious, and who attributed their difficulties to any cause but the
+right. He asserted that their colonial property was trifling, and that
+they were encumbered with debt. He ascribed their discontent to
+insolvency, and their embarrassment to extravagance and speculation. He
+disputed most of their statements--distinguished between them and the
+more respectable majority against them--and stated that the number of
+signatures was due to the indolent facility with which such documents
+were signed. This despatch (August 1, 1845) was printed for the use of
+parliament, and soon came into the hands of the colonists. The absence
+of constitutional channels for the expression of their dissatisfaction
+led them to a measure which would otherwise be deemed an extreme one.
+Sir E. Wilmot was the patron of the Midland Agricultural Association, a
+body including much of the wealth and influence of the colony. They were
+convened by certain of the members, and the obnoxious despatch was laid
+before them. An animated and indignant debate terminated in the removal
+of Wilmot from his place as their patron. No prudent colonist would
+desire to see this precedent often followed. The distinction between a
+governor as the head of the social circle and as the chief of a
+political body will be more readily apprehended when his power shall be
+less absolute, and his secret advice no longer over-ride the wishes and
+interests of the people.
+
+Having filled up the vacancies in the legislative council, Sir E. Wilmot
+called them together. It appeared that money had been provided and
+appropriated, and a pledge given to the bank to confirm the contract in
+the council. It was intended to issue debentures, and thus settle
+out-standing accounts. Messrs. Reed and Hopkins offered to this scheme a
+decided opposition, and being unsuccessful, they resigned their seats.
+
+The English government at length agreed to pay £24,000 per annum towards
+the police expenditure, but at the same time excepted the waste lands of
+the island from the general system. The land fund, elsewhere given up
+for the benefit of the colony, was assumed by the lords of the treasury.
+It was contemplated to employ convicts in clearing and cultivating, and
+by the sale of land to indemnify the crown for the outlay. The governor
+was authorised by the secretary of state to allot portions of land to
+ticket-of-leave holders,--a measure offensive to the settlers in
+general, and found to be impracticable.
+
+The legislative council passed several acts of great colonial
+consequence. The Abolition of Differential Duties Bill (July, '46)
+exacted the 15 per cent, _ad valorem_ on colonial commerce, in obedience
+to the policy of ministers. Thus the inter-colonial trade was loaded
+with burdens of great severity, and in many instances it was cheaper to
+send raw material to London and import English, than to exchange
+colonial manufactures. The measure was welcomed by some sheep-holding
+members as a tax on Port Phillip sheep, but the government disclaimed
+any other object than the increase of the revenue. A heavy retaliatory
+rate was then imposed by the New South Wales legislature. They however
+addressed their governor to obtain, if possible, a disallowance of the
+exactions of Wilmot. Messrs. Dunn, Orr, and Stieglitz entered their
+protest against the bill, and avowed the principles of free trade.
+
+A bill for electing commissioners of paving and lighting for the city of
+Hobart passed the council (August, '46), and although disliked as an
+indirect scheme of taxation, was not unpopular. The first election under
+it occasioned a keen competition and considerable excitement. It was the
+first instance of representation, but the bill made no provision for a
+scrutiny, and the returning officer declared the poll against the
+protests of the defeated candidates. Many fictitious votes had swollen
+the numbers of their antagonists. The commissioners sat for some months,
+and gave exemplary attention to their duties; but when the time came for
+rating the city, the defect of their election appalled them. This
+objection was long foreseen. An election without a scrutiny might not be
+founded on one valid vote. The government, unwilling to admit the defect
+of the bill, did not attempt to reform its details, and at length it
+fell into disuetude.
+
+A measure of still greater ultimate importance was enacted by the
+council, intended "to restrict the increase of dogs." A heavy tax was
+imposed on the keepers of this indispensable protector of house and
+fold. The multitude running about the streets was felt to be a nuisance,
+and the destruction of flocks required some check; but the frame-work
+of the bill was objectionable, and the charge excessive. It will be seen
+hereafter that the tax occasioned the most serious disputes.
+
+The administration of Sir E. Wilmot was, however, suddenly brought to a
+close. Reports, forwarded by Mr. Forster, and adopted by the governor,
+extolled the outlines of Lord Stanley's system, while events were
+constantly occurring which, amply sustained by respectable testimony,
+demonstrated its sad consequences. Evils of a serious nature were
+extensively prevalent,--some, inseparable from every scheme of penal
+discipline, others aggravated by the excessive dimensions of the
+probation system, and not a few the result of the failure of demand for
+labor. The worst effects of sensuality were the most alarming feature of
+the system, but even they were probably only more flagrant because the
+extent of transportation gave them a wider range. Remedial measures
+demanded an outlay and inspection which the instructions of the home
+government had prohibited in language the most distinct. The ministers,
+having tied up the governor's hands, complained that he had carried
+economy to a pernicious extent, and in reporting the state of the
+prisoners, had passed over important questions. But those who examine
+the despatches of Wilmot with care will be compelled to question the
+accuracy of these complaints. There is scarcely an evil which the
+progress of the scheme unfolded that he did not admit and illustrate.
+These evils he thought partly accidental and partly inevitable in all
+penal schemes; but still he maintained that, with all its defects, the
+probation system, as such, was the best ever devised by the British
+ministry. Lord Stanley indeed stated that in "five reports from Captain
+Forster and seventeen despatches from Wilmot, he had either received no
+intelligence or that their remarks were casual, slight, and few." Thus
+at the end of three years he found himself destitute of any clear
+understanding in reference to the conclusions which Mr. Forster, as the
+immediate agent, or the governor, as the chief superintendent, must have
+formed respecting the soundness of the principles or the wisdom of the
+plans which both had been called upon to administer (September, '45). It
+was thus apparent that the colonial-office held the governor responsible
+not only for obedience to positive instructions, but for their results;
+and that, in the event of a sacrifice being required, the officers on
+the spot would be devoted: and so it happened.
+
+In closing the session (September, 1845) Sir E. Wilmot announced his
+recall. Although not usual then to address the council, he stated that
+he could not permit the members to disperse without acknowledging their
+assistance. A delusion for a time might expose a public man to popular
+injustice; but however misjudged, either during his life-time or after
+death, his character would require no other vindication than truth would
+afford. He informed them that his recall was not occasioned by his
+differences with the late members, but was ascribed to an imputed
+neglect of the moral and religious welfare of the prisoners; and he
+added, that the memory of their kindness would remain with him during
+the short remainder of his life.
+
+Mr. Gladstone, who had received the seals of office, conveyed to Wilmot
+the notice of his removal. The despatch is a singular example of its
+author's mental habits. While he complained that the governor's
+statements were obscure, he gave his own views in odd and scarcely
+intelligible terms. Thus, the governor had adverted to the moral
+condition of the convicts "in a manner too little penetrating:" he had
+not made it a point of his duty "to examine the inner world of their
+mental, moral, and spiritual state." Mr. Gladstone charged him with
+neglecting the vices of the stations--an error in judgment so serious as
+to render his removal imperative. These whimsical terms of reprobation
+excited universal astonishment. Practical men felt that the knowledge of
+the thirty thousand prisoners except by their conduct, to be ascertained
+by collating statistics, was rather more difficult than the hopeless
+task of similar investigations in ordinary life. The English press, with
+some truth and bitterness, described such demands as an encouragement of
+hypocrisy and religious pretence. No wise or good man will discredit
+religious teaching, but all such will look with suspicion, if not dread,
+and even disgust, on the statistics of prison piety--generally false and
+designing, in proportion as it is loud and ostentatious. The defects of
+the governor as a legislator were not taken into account. Mr. Gladstone
+indeed attempted to balance with much precision the merits of the
+patriotic six. He admitted that advice and assistance to the Queen might
+sometimes take the form of strenuous opposition to the executive. He
+denied the distinction between the offices of an elective and of a
+nominee legislator--between a council of advice and a representative
+legislature. He doubted whether Wilmot had properly calculated the
+difficulties which would follow the passing of the estimates, or the
+sympathy which the six would receive from the people. He censured mildly
+the accusation of disloyalty, but at the same time he stated the quarrel
+with the six was in no degree the cause of the recall.
+
+In his last address to the council Wilmot alluded to the benign
+influence of time on a slandered reputation. This was soon after
+explained. Mr. Secretary Gladstone had accompanied the recall with a
+private letter which stated that rumors reflecting on the governor's
+moral character had reached the colonial-office, of a nature to hinder
+his future employment. Nothing specific was stated, and no clue to
+enquiry given. Rumors had been long current, and they were spread with
+activity. The _Atlas_, a Sydney journal, compared the governor to the
+tyrant of Capreæ, and referred to his private habits with expressions of
+disgust. Remarks of a similar tendency appeared in a London periodical.
+It stated that the conduct of Wilmot excluded the respectable
+inhabitants of Hobart from his society, and made it impossible for
+ladies to enter his house. This was instantly rebutted by Sir John
+Pedder and other official persons, who declared their entire disbelief
+in these charges.
+
+Wilmot conjured Mr. Gladstone to state the time, place, and
+circumstances, the names of his accusers, and the exact nature of their
+imputations. In reply he observed that the persons who mentioned these
+rumors did not profess to support their credit by any statement of
+particulars, but to found them on general notoriety. He added that it
+"was not in his power to convey what he had not received." In the House
+of Commons a fuller explanation was afterwards given, in a discussion
+raised by Mr. Spooner, a Warwickshire member. It was then stated that
+the authors of the report were persons in the service of the crown, both
+in England and in the colony, and its effect, that the accused was
+living in scarcely concealed concubinage with several women. These
+preposterous imputations melted away the moment they were touched. Sir
+Robert Peel, an old neighbor of Wilmot, was highly displeased with the
+interference of Mr. Gladstone, and pronounced the charges unworthy of
+belief. The eldest son of Wilmot appealed to Earl Grey for a formal
+vindication, but he declined expressing an opinion, although earnestly
+pressed; and excused himself by alleging that, independently of this
+charge, there was ample justification of the recall. It would have been
+no great stretch of generosity had a minister admitted that rumors set
+up as a bar to employment were no longer barriers to the confidence of
+the crown. Mr. Chester, a brother of Lady Wilmot, transmitted an
+address[247] presented to Sir Eardley to the Bishop of Tasmania, for his
+remarks. He replied he could not tell to what reports it alluded, and
+could not contradict them; but that rumors of the kind had fallen under
+his observation which he had proved to be groundless: charges had been
+whispered, but none had been substantiated (May, '47).
+
+The reports in disparagement of Wilmot originated in the freedom of his
+address--perfectly innocent in itself, but liable to misconstruction.
+The credit they received depended entirely on the party sympathies of
+the listener, and they grew as they went. No one, however, attached much
+importance to them on the spot. Mr. Gladstone was condemned for
+entertaining them. He seems more worthy of censure for his indefinite
+method of stating their nature and the authority on which they rested.
+The moral character of a governor is of moment to a colony, and a just
+consideration in his appointment; but when assailed it should certainly
+have all the protection of a full and open enquiry.
+
+No governor ever was more unfortunate in his political position. He
+could only tax and restrain. There was nothing in his gift. To the
+substantial difficulties of the people around him he was unable to offer
+more than those general assurances which often exasperate rather than
+console. The state of religious parties increased his disquiet. He had
+to adjust the claims of churches to spiritual authority. In declining to
+erect ecclesiastical courts Wilmot not only gratified many, but he
+followed the direction of his legal advisers.
+
+Sir Eardley Wilmot, like most governors, considered himself the servant
+of the crown, restrained in his discretion by absolute and specific
+instructions. Had Lord Stanley acted with prudence he would have left
+much to Wilmot's judgment; but just before he had dilated with vast
+perspicacity on the tendency of governors to act in behalf of the
+colonists, to forget imperial interests, to misapply the funds and
+pervert the labor belonging to the crown. The precision of his
+injunctions left no alternative but to obey. Had Wilmot at once declared
+the impracticability of Lord Stanley's schemes he might have been
+recalled, but the responsibility of an utter failure would have rested
+with his chief. The interested reports of his subordinate officers
+unfortunately enabled him to hold out hopes of success which were never
+realised and to furnish an excuse for his condemnation. The governor was
+impatient of contradiction. He had been accustomed to debate; but the
+sarcasm which falls harmless on the floor of St. Stephen's Chapel, in a
+colony cuts to the bone. He forgot that the head of a government can
+hardly say too little of men or measures. In a conflict of words, to an
+executive chief victory and defeat are alike pernicious.
+
+The usual order had been given that the governor, during his residence
+in the colony, should enjoy the complimentary distinctions of office. It
+was commonly understood that his stay would be prolonged; but he died
+soon after his retirement (Feb. 3, 1847), in the sixty-fourth year of
+his age. The treatment he had received from the colonial-office, and his
+death far from the honored sepulchre of his fathers and the scenes of
+his early political fame, produced a general sentiment of regret. All
+the houses of business showed marks of mourning. A public funeral,
+attended by the administrator and the newly-arrived governor, was
+thronged by the citizens. It had been officially arranged that, except
+the ministering priest, the clergy of all denominations should walk in
+their several classes, but in one body, and the archdeacon, the
+moderator, and the vicar-general, as representatives of the three
+endowed churches, abreast. The Anglican clergy evaded this plan by
+stepping up before the coffin. When, however, the bearers were in
+motion, the catholic priests, by a rapid evolution, shot a-head of the
+procession. An ornamented Gothic tomb was erected in St. David's
+burial-ground to the memory of Sir Eardley Wilmot by subscription. It
+stands near the highway. His remains were interred close to the tomb of
+Collins.
+
+Sir John Eardley Eardley-Wilmot was descended from the ancient family of
+Eardley of Audely, Staffordshire. He was grandson of Wilmot, lord chief
+justice of the court of common pleas--a judge celebrated for justice and
+piety. Sir E. Wilmot was twice married,--first to Elizabeth, daughter of
+Dr. Parry, of Bath; and afterwards to Elizabeth, daughter of Sir R.
+Chester, of Bush Hall, Staffordshire.
+
+Charles Joseph Latrobe, Esq., Superintendent of the Port Phillip
+District, and subsequently first governor of that territory, now called
+Victoria, superseded Sir E. Wilmot (October 13, 1846). During his short
+stay as "administrator" he was employed in a careful scrutiny of the
+probation department. In performing this difficult duty he displayed
+exemplary activity and decision. He resolved to remove every officer
+chargeable with incapacity or neglect, and thus many were dismissed.
+This promptitude exposed him to imputations of harshness; but although
+it is probable he did not wholly escape errors of judgment, the chief
+acts of his administration were amply vindicated by the facts he saw.
+The opinions he expressed sustained the colonial impressions respecting
+the convict system. While he suggested many improvements in its details,
+he concurred with the general wish for its extinction. Mr. Latrobe never
+met the legislative council; and his government being limited to the
+established routine, left nothing to record.
+
+FOOTNOTES:
+
+[Footnote 246: Motion proposed October 28, 1845.]
+
+[Footnote 247: The following is the address, to which 250 names were
+appended:--"To Sir J. E. E. Wilmot, Bart.--We the undersigned,
+inhabitants of Van Diemen's Land, having heard that your recall has been
+influenced by reports injurious to your moral character, during your
+administration of the government of this colony, deem it to be a duty
+which we owe to truth and justice to express our unqualified
+contradiction of those reports, and we feel the more imperatively called
+upon to do so, from the fact of many of us having differed in opinion
+upon various measures of your government. Upon the occasion of your
+retirement into private life, we have to assure you that you carry with
+you our best wishes for your future welfare."]
+
+
+
+
+HISTORY OF TASMANIA.
+
+
+FROM 1847 TO 1852.
+
+
+
+
+FROM 1847 TO 1852.
+
+
+
+SECTION I.
+
+
+Sir William Thomas Denison, Knight, Captain of the Royal Engineers,
+presented his commission, January 26th, 1847. He had been employed in
+the dock-yards, and in the survey of important public works. His eminent
+abilities in a department connected with the employment of prisoners,
+not less than his respectable connexions, led to his nomination. His
+professional habits had not qualified him equally for civil affairs; but
+the chief object proposed by the minister, Mr. Gladstone, was the better
+disposal of prison labor, and the more effectual control of the
+convicts. Sir William entered on his office with less acclamation than
+usual. The changes had been too rapid and unfortunate to encourage much
+enthusiasm.
+
+Before his embarkation the secretary of state instructed Sir W. Denison
+to arrange the dispute with the late councillors, and the claims of the
+gentlemen who occupied their places after their resignation. He was
+informed that the conduct of both sets of legislators had received the
+royal approbation. It was left to his discretion to select six out of
+the whole number to complete the council. They were summoned to the
+government-house to hear the minister's decision, and were requested to
+decide among themselves who should be honored with a seat. This
+experiment failed. An altercation ensued, and some quitted the
+conference. The "six" adhered to each other, and Sir W. Denison
+ultimately declared the appointments of Wilmot were disallowed, and
+re-appointed the "patriotic six." The gentlemen rejected were advised
+that they held their office until superseded by commands under the
+sign-manual. In this opinion the chief justice concurred; but, pursuing
+the scrutiny, it was found that some nominations of Wilmot had been
+informal, the instrument not stating to whom they succeeded. Their
+claims being quashed by this discovery, the "patriotic six" were again
+appointed in succession to each other,--a transposition required by the
+law. At this stage, however, Mr. Orr, who entered the council some time
+after the rupture, produced his appointment, which, unlike certain
+others, was expressed in the legal form. Thus again all the previous
+proceedings were quashed; and the governor, unable to unravel the
+difficulty, dismissed the council, to await instructions from
+Downing-street, or a warrant for the nominees under the sign-manual of
+the Queen (July, 1847). Thus during 1847 there was no legislature
+sitting, but at length the _Gazette_ announced that the Queen had
+reinstated the original six (1848).
+
+It has been seen that under the government of Sir E. Wilmot an act was
+passed to restrict the increase of dogs, and another levying 15 per
+cent. duties. The owners of dogs were required to take out a license,
+and the proceeds of the tax were carried to the general revenue. Some of
+the settlers never complied with this ordinance, and others paid under
+protest. According to the opinion of several lawyers the council by this
+enactment had exceeded its powers. The act of parliament by which the
+council was constituted contained a provision to the effect that a tax
+should be levied only for local purposes, "to be distinctly and
+particularly stated in the body of the bill." It was contended that the
+restriction was violated, since the Dog Act contained no specific
+appropriation, and the amount was carried to the general revenue. The
+government, willing to avoid the trial of this point, did not hasten to
+enforce the penalty. It was understood that Judge Montagu had not
+obtained a license for dogs on his premises, and Mr. Morgan, then editor
+of the _Britannia_, announced to the government that he was an owner of
+dogs, that he had paid no license fee, and intended to pay none. The
+chief constable was directed to recover the penalties. Mr. Morgan being
+fined, appealed to the quarter sessions, and then to the supreme court.
+The judges, having heard the arguments of counsel, declared that the Dog
+Act imposed a tax and exceeded the powers of the council. They therefore
+annulled the decision of the inferior courts (Nov. 22, 1847).
+
+The views which dictated this judgment affected a more important
+act--the Differential Duties. Several merchants paid these charges under
+protest, and entered their suit for recovery. A revenue of £20,000 per
+annum was thus in peril. It was stated by the governor and crown
+lawyers that the judges themselves had passed the lawful limits of their
+jurisdiction, unsettled the whole body of colonial law, encouraged
+opposition to the government, and exposed its agents to vexatious
+prosecutions. The governor was determined to resist their judgment. The
+warrants for the members of the council had not arrived. Thus recourse
+to the legislature was impracticable, and the most obvious remedy was
+the removal of the judges, and the substitution of others, whose
+opinions were known to agree with the executive. The judges were
+charged, therefore, with a neglect of duty in omitting, as authorised by
+the law, to certify illegality in the Act prior to its enrolment; and by
+permitting the question of an act of council, they were said to override
+the legislature.[248]
+
+Pending this dispute, a creditor of Mr. Justice Montagu sued him for
+£200. The privilege of his office presented a legal obstacle to the
+suit. This being decided by the chief justice, the creditor applied to
+the governor for relief. Mr. Montagu alleged an understanding, which in
+equity released him from immediate liability. The governor charged him
+with perverting the protection of his office, to defeat his creditors,
+and amoved him. Mr. Horne, the attorney-general, who framed the acts
+repudiated by the judges, was appointed to succeed Judge Montagu, and it
+became a question whether his opinion would send the merchants out of
+court. The registrar of the supreme court was called before the
+executive council, and questioned on the point. He stated that in the
+event of a division of opinion on the bench a verdict for the plaintiff
+would stand. To the suspension of the chief justice the executive
+council were opposed, and Sir Wm. Denison therefore requested the judge
+to relieve the government by asking leave of absence. To this he replied
+in terms suited to the respectability of his character. "Were I," said
+his honor, "to accept your excellency's proposal, I should, it appears
+to me, be for ever after degraded, and, _ipso facto_, render myself
+unworthy of holding the lowest office or employment which it is in her
+Majesty's power to bestow on a subject."[249] At this stage of the
+proceedings the warrant constituting the legislative councillors reached
+the governor, and the opinion of the chief justice was of less moment to
+the executive.
+
+It now remained for the governor to annul either the laws opposed to the
+provisions of the parliamentary act, which declared the taxing clauses
+illegal, or to subvert those restrictions by declaring them inoperative.
+He chose this last course. The Doubts Bill declared that an ordinance
+once enrolled, whatever its provisions, or however repugnant to common
+law or parliamentary acts, should be held binding on the court; and
+although its rejection was proposed by the chief justice and five other
+members, it passed the legislative council.
+
+That the "Doubts Bill," so called, was inconsistent with the limitations
+of the council, has been virtually determined by a retrospective clause
+in the recent constitutional act, which cures the defect of these taxing
+clauses, and takes the question of legality from the future judgment of
+the court. By the act of 9 Geo. IV., sec. 83, the governor possessed
+powers sufficiently ample to pass, without notice or delay, any measure,
+and to adhere to its provisions in a pressing emergency; but the
+prohibition of taxes, for all but strictly local purposes, was
+peremptory and explicit.
+
+An instance of rapid legislation contemplated by the act, occurred
+(1843) when Dr. Turnbull held the office of sheriff. More cautious than
+his predecessor, he closely examined his commission, and discovered that
+the seal of the colony had been attached, and not that of the governor,
+as required by the charter of justice. This error had been made in
+successive commissions for many years. Every execution--criminal or
+civil--had been therefore illegal. At one sitting of the council the act
+of indemnity was passed, and all proceedings affected by the mistake
+were declared valid. The propriety of this promptitude was indisputable.
+
+The chief justice left the representation of his conduct to the
+governor. His treatment was the subject of keen censure in the commons;
+and by an unpublished despatch--the nature, not the terms of which
+transpired--Sir Wm. Denison was informed, and through him, the chief
+justice, that his conduct to this judge was decidedly reprehended by the
+crown. Mr. Horne's appointment and the amoval of Mr. Montagu were
+confirmed. Mr. Justice Montagu was an acute, eloquent, and impartial
+judge, but passionate and eccentric. His imprudence exposed him to a
+proceeding which, in the circumstances, it is difficult to approve, and,
+on general principles, not easy to condemn. The chief justice stood
+still higher in public estimation. For nearly thirty years he occupied a
+station of awful responsibility with a reputation unsullied, in a court
+where every variety of legal knowledge has been in demand and a vast
+amount of toil endured. Among the blessings which the British
+constitution bestows foremost of all is the freedom of the
+judgment-seat; and few political faults are less capable of palliation
+than a deliberate attempt to subject a judge to the influence of the
+executive.
+
+A minute addressed to the legislative council charged the merchants with
+forgetting the duty they owed to society, when they offered resistance
+to the tax. They, however, maintained that every illegal demand is
+spoliation, and claimed a right to protect themselves and the public
+from its operation. Fifteen hundred persons signed a petition
+deprecating the interference of the executive with the supreme court.
+They asserted their conviction that the removal of Judge Montagu was
+occasioned by his decision on the Dog Act, and the desire to replace him
+by a more pliant judge. These various remonstrances had no effect on the
+ministers, and the entire course of the governor was approved, except
+the attempted coercion of the chief justice. The position of the
+government was one of considerable embarrassment. It was the
+unquestionable right of those affected to oppose the execution of
+illegal ordinances; but no blame would have rested with the governor had
+he amended them without removing the land-marks of the colonial
+constitution.
+
+A minute acquaintance with colonial history would justify the belief
+that appeal to Downing-street against the conduct of governors is
+utterly futile. When the dispute is between persons high in office the
+established policy does not predicate the result; but when a mere
+colonist complains he will find no precedent in Australian experience to
+cheer him in his task. Gross instances of oppression have not
+infrequently occurred; but in the Australian journals of half a century
+no example is recorded of a governor's recall on such grounds, or of
+such a censure on his conduct as might influence the habits of colonial
+rulers. An opposite course would be inconvenient--perhaps dangerous. As
+a choice of evils, it is better that the colonists should despair of
+redress than to encourage the discontented to harrass the representative
+of the crown. A result so invariable, however, proves that a
+colonial-office cannot protect the Australian people. This futility of
+appeal is more striking when the local authorities are protected by a
+laborious despatch writer. The subtle arrangement of facts and
+inferences suggests without appearing to dictate the judgment of the
+office. These papers first fall into the hands of subordinate officials,
+who feel a natural antipathy to colonists, whose established character
+is turbulent, rapacious, and democratic. In the multiplicity of
+business, comprehending the affairs of forty colonies, the responsible
+minister can know little of details, and that little he must rapidly
+forget. Thus, when a question is proposed, he asks time to refresh his
+memory. A pungent passage or epithet, wholly irrelevant to the real
+merits of the dispute, is drawn from these documents. It was thus when
+the quarrel between the executive and judges was debated in the house.
+The minister, having read in a despatch that the decision of the judge
+would disorganise the body of law, represented the colony as a scene of
+turbulence, when not a single step had been taken but the courts of
+Westminster would have approved. But the house was equally ill informed.
+It readily acquiesced: the conversation dropped, and the despatch
+triumphed. No governors have stood so high in the colonial-office as
+despatch writers; whether that ability in epistolary correspondence
+implies general superiority, or that they beguile the minister of his
+judgment by the subtlety or wisdom of their political disquisitions.
+
+The petitions for representative government, repeated for more than
+twenty years, and which strongly interested the sympathy of all classes,
+were renewed with increasing hope of success from 1846 to 1850. The
+ministers, though admitting the abstract value of the privilege,
+hesitated while the great preponderance of convicts seemed to require an
+absolute authority. This feeling was not overcome until the accession of
+Lord Grey, who saw no danger in conceding to the free population the
+common rights of Englishmen. A variety of plans were submitted at
+different times to the parliament and ministry, to secure colonial
+representation. Mr. Joseph Hume suggested (1832) the admission of a
+certain number of representatives chosen in the colonies to seats in the
+House of Commons; in all nineteen, one being for Australia,--a measure
+once suggested for the old American colonies; but the distance in both
+cases, and expenses of transit, would not easily have admitted effective
+representation or perfect responsibility. Sir John Franklin suggested
+(1839) a legislature, to consist of twenty-one members, one third
+nominated by the crown, and the remainder elected by persons holding the
+qualification of common jurors. He gave a generous testimony to the
+intelligence and probity of the settlers, and alleged that they would
+bear comparison with corresponding classes within any dominions of the
+crown.[250]
+
+In 1843 the legislature of New South Wales was constituted. Originally a
+nominee council, the popular element was infused by two thirds being
+elective members. A civil list was reserved, and the disposal of
+territorial revenues withheld; but the partial liberty enjoyed was used
+with discretion and effect. The bill enjoined the establishment of
+district councils, authorised to superintend internal affairs, and to
+fulfil many of the functions of municipal bodies. They were, however,
+never called into action. The scattered inhabitants found it difficult
+to assemble, and more so to reconcile their neighbors to local taxation.
+The machinery of the councils was set in motion only to defeat their
+design. Thus the legislative body retained in its hands the whole power
+which it had been intended to balance and check by the petty councils.
+Port Phillip, however, then a part of New South Wales, but more distant
+from the metropolis than England from Rome, was represented in a council
+sitting at Sydney. The loss of time required disinclined most gentlemen
+to undertake the representation, and those chosen were chiefly resident
+in New South Wales proper. Their numbers were too small for effectual
+action, and their sympathies were divided between their constituents and
+their neighbors. The revenues raised at Victoria were expended to some
+extent in the elder city, and the superintendent of Port Phillip had
+little influence and less power in the government. The popular
+dissatisfaction, which led to some unavailing petitions to the crown,
+took a curious form. Thus, in 1848, the electors met at the hustings and
+discountenanced the appearance of a candidate, and after waiting an
+hour, the returning officer announced that no member had been returned.
+On meeting for the election of a member for the city Earl Grey was
+chosen. The governor and superintendent considered this proceeding a
+disgraceful farce. The law officers could not question its legality, and
+the secretary of state was for two years member for Melbourne, without,
+however, taking his seat. Mr. Westgarth, a merchant of tried
+intelligence and public spirit, was chosen afterwards, and was presented
+to the house "in the room of the Right Hon. Henry Grey, Earl Grey."
+
+Sir Wm. Denison was instructed to report on the subject of an elective
+legislature for Van Diemen's Land. He furnished Lord Grey with various
+opinions and suggestions. He had recommended a frame-work, the
+counterpart of the New South Wales assembly, only, however, that he
+deemed it undesirable for colonies so contiguous to differ in their
+institutions. The experience of the Tasmanian legislative council had,
+he asserted, assisted him in forming an opinion on the character of the
+people. "When we see," said Sir William, "the low estimate which is
+placed upon every thing which can distinguish a man from his fellows,
+with the sole exception of wealth; when we see that even wealth does not
+lead to distinction, or open the road to any other ambition save that
+of excelling in habits of self-indulgence,--it can be hardly a subject
+of surprise that so few rise above the general level, or that those few
+owe more to the possession of a certain oratorical facility than to
+their powers of mind or the justness of the opinions they advocate."
+"There is an essentially democratic spirit, which actuates a large mass
+of the community; and it is with a view to check the development of this
+spirit that I would suggest the formation of an upper chamber." Sir
+William Denison suggested that bishops might be members of an upper
+house, and certain _ex officio_ representatives of government; the rest,
+whether nominated by the crown or elected by the people, to hold their
+seats for life.[251]
+
+By a despatch to Sir Charles Fitz Roy, Earl Grey expounded a new
+constitutional system for the colonies. It was zealously opposed in New
+South Wales. The people complained that the change in the constitution
+without their consent was an infringement of their vested rights, and
+disrespectful to their legislature. They objected strongly to a plan
+which made the district councils the electors of the assembly. They
+repudiated the statement that their legislature had absorbed all the
+powers of "the colonial state," and the checks and balance contemplated
+by the original constitutional act. These views were sustained by the
+legislature itself. The idea of two chambers was approved by the
+majority, but most elected members were against it.
+
+The plans of Earl Grey and the correspondence and petitions they
+produced were referred to the committee of the Privy Council, and the
+report adopted recognised all the great principles of British government
+except the full control of the expenditure (1849). This able paper
+recommended legislative councils for all colonies capable of supporting
+a civil list, one third nominees, and the remainder chosen by the
+people. The division of the legislature into separate chambers it
+resigned to the judgment of the colonies. It suggested a federal
+assembly for the general interest of the Australias, having its action
+closely defined. The "House of Delegates," to consist of not less than
+twenty nor more than thirty, were distributed--to each colony two, and
+one additional for every fifteen-thousand souls. This plan of government
+was differently regarded in different colonies. The elder condemned its
+restrictions: the younger rejoiced in the prospect of new franchises,
+and trusted to time to enlarge their liberties. The general opinion of
+intelligent men was favorable to the division of the legislature, but
+the colonies were not capable of supplying the elements of nobility.
+Some aspiring persons desired a little house of peers, others the
+appointment of senators by the crown, and for life: a greater number
+were convinced that the legislature should be elective throughout. The
+social equality of settlers who landed together could not be forgotten
+in the diversities of their colonial fortune. The first collision of
+opinion would bring the machinery of double chambers to a dead lock, and
+no interposing power could adjust the dislocated frame-work. A stoppage
+of supplies would follow the first impulses of resentment. In English
+representation it is the last remedy, but then it betokens the dismissal
+of a minister or the downfall of a dynasty.
+
+The colonial press generally approved the ministerial bill, not as a
+measure approaching perfection, but for some favorite object it was
+calculated to hasten. It was hailed at Port Phillip because it secured
+separation from Sydney; at South Australia, as certain to terminate the
+ecclesiastical endowments; and in Van Diemen's Land it was welcomed,
+with all its faults, as the engine sure to destroy transportation. Thus
+the Colonial Reform Society, which attempted to defeat the government
+measure, found little sympathy beyond New South Wales, where the change
+gave nothing. The ministers interpreted the satisfaction of the colonies
+as a testimony to their skill, not detestation of their government. The
+real cause of colonial delight was the severance of their chains, and
+the certainty that when broken all the power of Europe could never renew
+them.
+
+The bill suffered some mutilations in its passage to the throne. The
+federal clauses were expunged. The local governors were opposed to the
+establishment of an assembly of delegates, which would have overruled
+their individual policy. They were fearful of compromising their
+revenues by permitting to New South Wales the preponderance of members.
+These objections, not indeed without weight, and, still more, the
+jealousy of the conservatives of an organisation which seemed but a
+prelude to independence, despoiled the measure of a provision which,
+however modified, must be ultimately restored. A reduction of the
+franchise of the bill from £20 to £10, nearly equal to household
+suffrage, was, however, the most considerable change. It was suggested
+by Mr. R. Lowe, to bear down an opulent emancipist interest in New South
+Wales. It was expected to give irresistible power to that class in Van
+Diemen's Land. The bill was carried through the lords by a trifling
+majority in a thin house. The fate of a young empire but slightly moved
+the British peerage. It received the royal assent, August 5th, 1850.
+
+When the bill arrived the joy of Port Phillip was unbounded. Several
+days were devoted to processions and feasting. Numberless devices were
+exhibited, displaying the political bias of the people. Many thousand
+pounds were spent in the festivities. A similar though less magnificent
+display was made in Van Diemen's Land. All ranks were inclined to forget
+their differences, and public dinners, at which many hundreds were
+guests, celebrated the constitutional victory.
+
+Lord John Russell, on the second reading of the bill, explained his
+opinions, which, whether or not consistent with the ministerial measure,
+were worthy his station and political renown. "I anticipate with
+others," he said, "that some of our colonies may so grow in wealth and
+population that they may feel themselves strong enough to maintain their
+own independence in amity and alliance with Great Britain. I do not
+think that that time is yet approaching. But let us make them, as fast
+as possible, fit to govern themselves. Let us give them, as far as we
+can, the capacity of ruling their own affairs. Let them increase in
+wealth and population; and, whatever may happen, we of this great empire
+will have the consolation of saying that we have increased the happiness
+of the world." Such sentiments tend to extinguish the desire to quit a
+political connection rendered honorable by terms so nobly expressed by
+the first minister of the crown, and which, if fairly carried out, will
+make the colonies cling with fondness to a nation so magnanimous as to
+greet them with applause.
+
+In 1846-7 important additions were made to the educational means of the
+colony. An episcopal institution, called Christ's College, was formed at
+Bishopsbourne. Scholarships were founded by the medical, military, and
+clerical professions, and divinity fellowships endowed (1846). Lord
+Stanley recommended the establishment of a proprietary high school, open
+on equal terms to all denominations, and promised the patronage of the
+crown. The site reserved for this purpose at Hobart Town was granted by
+Sir W. Denison to the episcopalians, for the Hutchins' school. This
+alienation was deemed unjust. Instead, however, of wasting time in
+unavailing complaints, the friends of education were convened by Mr. H.
+Hopkins, an opulent merchant, when a prospectus was submitted by the
+Rev. Dr. Lillie and J. West. A thousand pounds were subscribed in the
+room, and in five weeks £5000 (1847). The first conspicuous object seen
+by the stranger on entering the river is the High School of
+Hobarton,--an edifice erected amidst enchanting scenery, on a site
+granted by the crown, and possessing architectural attractions which
+have yet to be equalled in this hemisphere. The institution is managed
+by a council of nine, chosen by the shareholders. The Rector, nominated
+by the London University, was the Rev. J. B. Froude, author of the
+"Nemesis of Faith,"--a publication which led to his instant resignation.
+James Eccleston, Esq., appointed in his stead, survived the opening of
+the school only one month. A thousand pounds were subscribed for his
+widow.
+
+Thus the activity of private zeal effected the objects contemplated by
+legislative interference. The growth of population will give ample scope
+for these various institutions, and extinguish all but a wholesome
+rivalry.
+
+FOOTNOTES:
+
+[Footnote 248: The council derived their powers from the Act 9 of George
+IV., c. 83. They were permitted to enact ordinances "for the good
+government of the colony," but they were forbidden to impose taxes,
+except for local purposes; and they were ordered to state "distinctly
+and particularly in the body" of every law the purposes to which the tax
+should be applied; and thus to prevent the evasion of the prohibitory
+clause intended to protect the subject. It was not worth while to
+enquire whether the view of the judges of the legality of the act in the
+case of Symons _v._ Morgan was in harmony with the parliamentary act,
+because the question merged in one of much greater importance--Whether
+they could take that act into consideration at all? It was of far more
+consequence to know whether the colony had a remedy against the
+usurpation of the legislative council, than to decide whether Messrs.
+Horne and Fleming were better lawyers than Sir John Pedder and Mr.
+Justice Montagu. "The powers of a subordinate legislature," says a
+distinguished writer, "are expressly or tacitly delegated by the supreme
+government. In order, therefore, to determine whether an act of the
+legislature has a binding force, it is necessary to look at the extent
+of the delegation. If the act be not within the scope of the delegation,
+it is without binding force, and can be annulled before a competent
+tribunal" (Lewis on Dependencies). Sir Wm. Denison stated that the
+silence of the Judges for fourteen days after the act was
+passed,--whatever might have been the cause of that silence--ignorance,
+indolence, sickness, or corruption,--rendered the most unlawful stretch
+of power on the part of the council, including the total subversion of
+all the limitary clauses, binding upon the colony, and if sanctioned by
+the Queen, through the same ministerial inadvertence or corruption,
+binding for ever. Judging of the intentions of parliament by the general
+character of colonial legislation and by the cautious wording of this
+act, it could scarcely be imagined that they suspended the public safety
+on such a thread. That Englishmen should be deprived of their rights,
+without the possibility of appeal, by the inadvertence of a judge--not
+sitting in a court of justice, but in his own chamber--would be to
+legislate by accident. Sir Wm. Denison relied on the despatch of Sir
+George Murray (1828), which accompanied the Act 9 Geo. IV., known as the
+"Huskisson Act." The former practice was to require the governor to
+submit to the judge the draft of a bill before it was laid upon the
+table of the council chamber, no principle of colonial law being more
+"firmly established than that a colonial legislature cannot enact
+statutes repugnant to the law of England." The judge (he said) "might
+have found himself often required in open court to deny the validity of
+a colonial ordinance, on the ground of repugnancy." By the Act in
+question "provision was made for fully learning the views of the judges
+upon the law, and for preventing their refusing to execute any law that
+may be passed after a full consideration of their objections." Thus it
+was intended to "combine, as far as possible, the advantage of a strict
+observance of a general rule, and a harmony between the judges and the
+legislature." It was therefore clear that the power given to the judges
+to stop the enforcement of any illegal ordinance continued until their
+objections--whenever and wherever they might arise--had been "fully
+considered."--_Hobart Town Courier._]
+
+[Footnote 249: Parl. papers, July. 1848.]
+
+[Footnote 250: Despatch, August, 1838.]
+
+[Footnote 251: Despatch to Earl Grey, 1848.]
+
+
+
+
+SECTION II.
+
+
+It now remains to record the most important colonial agitation of modern
+times. The opposition of Van Diemen's Land to a system reprobated by
+mankind--too long despised--awakened everywhere resistance to
+transportation; and, assisted by the discovery of gold fields of vast
+extent and opulence, will change the penal policy of the British empire.
+
+In the progress of the struggle all classes ranged on the same side.
+Parents thought of their children--patriots of their country. Every
+legislature of this hemisphere has expressed the popular will and
+demanded abolition, and the final triumph only awaits the fiat of the
+crown. The steps of the colonists have been cautious and deliberate,
+their perseverence and energy indomitable! Their success has been
+chequered by frequent disappointment, but never was a battle more nobly
+fought--never was there a cause more worthy of triumph.
+
+Mr. McLachlan, long a resident in Van Diemen's Land, judged the plans of
+Lord Stanley by the test of experience, and warned the minister of their
+too certain results. Other colonists in England corroborated his views
+and enforced his representation. Mr. Smith, a colonist of long standing,
+obtained an audience at Downing-street. He described the social dangers
+which environed the settlers. "I confess," said the noble lord, "that
+you are in an awful position."
+
+The representation forwarded by Mr. Pitcairn and his coadjutors was
+intrusted to Mr. M'Lachlan's care. The press of England took the side of
+the oppressed, and the inexorable office was obliged to listen, to
+argue, and retract.
+
+There was, however, one result of his scheme which moved the
+susceptibilities of Lord Stanley himself. He shrank from the
+"intolerable evils of a breach of faith" with the exiles of Great
+Britain. They had been encouraged to expect high wages and ready
+employment. Such was the fair reward offered. Far other was their actual
+lot. "Thousands of prisoners," said an official representation, "are
+going about idle, polluting the atmosphere in which they move. Is it to
+be wondered at that the Pentonville men should fall?"[252] The extreme
+social degradation and demoralising contamination to which they were
+exposed in Van Diemen's Land, and the disheartening difficulties they
+had to contend with, were utterly incompatible with the spirit of Lord
+Stanley's despatch.[253] This "breach of the public faith" was promptly
+repaired by a new series of projects.
+
+Sir Charles Fitz Roy and Sir E. Wilmot, assisted by Mr. Latrobe, were
+instructed to select a site whither to send exiles, there to remain
+while awaiting hire or voluntary emigration: conditional pardons which
+gave liberty in Van Diemen's Land, were made available in all the
+colonies.
+
+The formation of a new settlement was the grand expedient. Vessels
+bringing convicts to Van Diemen's Land were to convey ticket holders to
+North Australia. Happily for the world this project was defeated. A
+squatter hired exiles in England, with the sanction of the minister. A
+demand for labor sprung up. Sir George Gipps informed the secretary of
+state that from Moreton Bay to Melbourne exiles would be welcome. This
+Mr. Latrobe confirmed (1845). The settlers associated to bring expirees
+from Van Diemen's Land. Many shiploads were deported at £1 per head.
+Thus the difficulty appeared at an end. The _Maitland_, engaged for
+North Australia, was diverted to Port Phillip. The men were promptly
+employed. The considerable flockmasters were desirous of a regular
+supply, while the colonists in general were far less cordial. Opposition
+was, however, languid; and the occasional apathy of the public and the
+indecision of the press were construed as assent.
+
+While the home and colonial governments were constructing and dissolving
+systems, the idea of abolition was started by the press. "The settlers,"
+said the _Examiner_, "may not be prepared for this. Our own impression
+is that they are not; but it is our firm opinion that at no distant day
+the unanimous voice of the community will say, in a tone not to be
+disregarded, cease transportation for ever." (March, 1844.) Events a few
+months after still more forcibly pointed to this issue.
+
+Mr. M'Lachlan, in a letter to Mr. Gladstone, put the case of Van
+Diemen's Land in a striking aspect. "Shall the fairest isle in the south
+be converted into one huge gaol? shall the free inhabitants be made the
+passive instruments of punishing these criminals? Is this the only
+capacity in which the British government will recognise the free
+colonists? The petitioners have laid their case before the legislature.
+They trust they have not appealed in vain--that they will not be driven
+from a land where the best days of many of them have been spent"
+(February, 1846).
+
+The petition prepared by Mr. Pitcairn was presented in the lords by the
+Marquis of Lansdowne (March, 1846). In remarking on its contents, Lord
+Stanley begged their lordships to believe that the question involved
+interests more important than a single colony! He stated that Van
+Diemen's Land could not be swamped by an annual influx of four thousand.
+If, he said, the thirty thousand persons released from the prisons of
+France were so intolerable, what must be the condition of England with
+sixty thousand expirees then settled in the colonies? Van Diemen's Land
+was always a penal colony, and he saw no reason that it should be
+otherwise. Earl Grey warmly censured this policy, and complained "that
+no hope of relief from the frightful evils of transportation had been
+afforded." He stated that he was "prepared to express an opinion that
+transportation should be got rid of. He had long entertained that
+opinion, and had never seen the arguments of the Archbishop of Dublin
+refuted." A duplicate of this petition, presented to the Commons, was
+followed by the motion of Mr. Ewart, "That it is inexpedient to make Van
+Diemen's Land the sole receptacle of convicts, and that transportation
+be abolished, except as a supplement to penal discipline" (May, 1846).
+The day chosen was inauspicious. The "house" was gone to the Epsom
+races. Mr. Hudson, the railway king, not better employed, stumbled into
+the chapel of St. Stephen, and counted out the members. Mr. Ewart
+renewed his motion (July 6). A few days before Earl Grey and Mr. Hawes
+had obtained the command of the colonies, they admitted the facts of the
+petition, and promised redress. The liberal principles avowed by the new
+government reassured the friends of Van Diemen's Land. Mr. Gladstone had
+determined to arrest the influx of convicts for two years: this was
+approved by his successor. In quashing the North Australian colony, Earl
+Grey stated his dissent from the principles on which it had been founded
+(September 30, 1846). The whigs ever expressed a decided abhorrence of
+penal colonisation and the collection of masses cradled in the
+traditions of crime. When taunted with this accumulation in Van Diemen's
+Land as the result of his policy of 1840, Lord John Russell
+explained:--"As to the sending of convicts to Van Diemen's Land, he had
+intended to adopt the policy recommended in the work of the Archbishop
+of Dublin. Had his plan been carried out, instead of 4,000 convicts sent
+to Van Diemen's Land there would not have been more than five or six
+hundred."
+
+When Earl Grey instructed Sir William Denison in reference to certain
+reforms, he intimated his expectation that transportation would
+terminate. Soon after Sir William Denison addressed to the magistrates
+of the territory a series of enquiries (March, 1847), of which the first
+was awfully momentous. "Do you consider it desirable that transportation
+of convicts to this country should cease altogether?" The character of
+the enquiry was described in a letter signed by the private secretary.
+The governor preferred communicating with these gentlemen, and by them
+with their neighbours, rather than with popular assemblies. It was not,
+however, to be expected that a subject of direct and universal concern
+would be resigned to the discussion of a single class; nor did persons
+holding magisterial distinctions, on that account command the confidence
+of the people. This was felt by the magistrates themselves. A
+preliminary meeting was convened at Hobart Town to discuss the subject
+of the circular. A difference of opinion was apparent, and an angry
+altercation ensued. Mr. Carter, a storekeeper, defended transportation
+as necessary to trade. Mr. Gregson advised his auditors to cast the
+question of crocks and slops to the wind, and to secure at once the
+final liberation of the colony. A public meeting was held at Hobart
+Town. Ineffectual attempts to postpone the question by the advocates of
+transportation were offered, and the speakers on the popular side were
+loudly cheered. The party defeated signed a memorial representing that
+they were not heard at the meeting, and repudiating its decision. Sir
+William Denison promised to place it in the hands of Earl Grey "as a
+record to be employed in the support of the facts it contained."
+
+This second petition, adopted by the colony (6th May, 1847), was also
+drawn up by Mr. Pitcairn. The editors of the London _Morning Chronicle_
+remarked "That they never read a public document more calculated to
+command both the convictions and sympathies of those whom it addresses.
+Future ages would contemplate with amazement the fact that wrongs so
+cruel in their nature, and so enormous in their amount, have been
+inflicted in civilized times." It recapitulated the grievances of the
+colony with energy and clearness. It complained that promises of relief
+had proved fallacious--that the worst evils of transportation were
+continued; that there were then four thousand prisoners more in the
+colony than were ever at one time in New South Wales, and that 12,000
+free persons had quitted the country since 1841. The petition asked for
+representative government, the abolition of transportation, and the
+importation of 12,000 free immigrants at the expense of Great Britain;
+and it recommended the removal of the men to the colony of North
+Australia, or wherever they might be required. Meetings were held by
+different classes in several districts of the colony. In the most
+populous the feeling decidedly favored abolition. Not the least
+important of the series were held in Launceston. Six magistrates of the
+north determined to advise with the colonists at large. The persons who
+assembled at their call were undecided; the friends of abolition desired
+delay; its determined opponents deprecated public discussion; but to the
+majority deliberation seemed necessary, and on the motion of Mr. Dry a
+committee was constituted who were requested to collect evidence, to
+make a report, and draft a reply to the circular of the governor.[254]
+The tradesmen of that public spirited community first expressed their
+sentiments. A few transportationists induced a respectable shopkeeper to
+propose thirty-nine reasons for the continuance of transportation, but
+the warmth of his elocution and the frequent repetition of "because" in
+an Aberdeen accent, dissolved his party in laughter. The good humoured
+logician acquiesced in the voice of the assembly and abandoned the cause
+of transportation for ever. The meeting convened of the northern
+colonists assembled on the 10th of May. The committee appointed on the
+3d of April having prepared a report, and founded on its conclusions a
+reply to the circular, it was signed by the chairman, James Cox, Esq.,
+of Clarendon.[255] Many who were formerly advocates for transportation
+as it once existed, saw its dangers when they became anxious for the
+moral and social welfare of their sons. They were formerly but
+flockmasters, but they had become the founders of a state. They learned
+from the discussions of the ministers that what they had thought a
+service rendered to the crown was deemed disgraceful and degrading.
+Opulent settlers who visited Europe found it convenient to conceal their
+home, and some less prudent were repelled with unconquerable
+distrust.[256] In a small community the public reputation is of personal
+importance, and it was alleged that to neglect the offer of social
+freedom would be infamy unexampled. To this feeling the abolitionists
+appealed. "Parents of Van Diemen's Land," said the author of a pamphlet
+called _Common Sense_, "can you hesitate? Let the timid and sordid
+doubt,--let them reckon the farthing they may lose! Let your hearts
+dictate your answer to the circular. Let it be worthy Britons,
+Christians, and Parents. Shew that you prize your rights, and that you
+love your children. That land which they tell you will become a desert
+when the clank of chains, the cries of torture, the noise of riot, and
+the groans of despair shall be heard no longer, will _not_ become a
+desert; 'it will blossom abundantly, and rejoice with joy and singing,'
+when your sons and daughters shall go forth, the free among the free.
+Consult your own understandings, that you may obey the dictates of your
+hearts. The Sovereign has invited you to express your desire. Let it not
+be one that will cause the eyes of mankind to look upon you with
+abhorrence, and turn away with contempt. Make not your name a scorn and
+a hissing! Perform your duty, AND SAVE YOUR ADOPTED COUNTRY!"
+
+FOOTNOTES:
+
+[Footnote 252: Mr. Boyd, August 29, 1845.]
+
+[Footnote 253: Dr. Hampton to the Commissioner of P. P., Aug. '45.]
+
+[Footnote 254: The committee was constituted by the following
+gentlemen:--Wm. Archer, J.P., W. H. Browne, L.L.D., James Cox, J.P., R.
+Dry. M.L.C., F. M. Innes, Esq., J. G. Jennings, J.P., W. R. Pugh, M.D.,
+J.P., H. Reed, J.P., J. Thompson, Esq., and J. A. Youl, J. P.]
+
+[Footnote 255: This document, some extracts of which express the
+prevailing opinion, was read by Mr. Dry:--
+
+"The circular addressed by his Excellency to the magistrates of this
+territory, has been made the subject of careful deliberation.
+
+To his Excellency's first question--'Do you consider it desirable that
+the transportation of convicts to this colony should cease altogether?'
+we reply that it is our opinion transportation 'to this country should
+cease altogether.'
+
+In connexion with this question we recognise the truth and importance of
+his Excellency's caution, that no 'material advantage' ought to 'balance
+against any amount of moral evil, however small;' we have therefore
+directed our attention to this point as preliminary to a decision on
+others less vital.
+
+In examining the moral bearings of transportation, we have enquired--
+
+1. Are there any moral evils occasioned by the transportation of
+convicts to the colony?
+
+2. If so, are the moral evils now connected with transportation inherent
+and inseparable?
+
+3. Can it be presumed that other, and greater moral evils will accrue to
+the colony from the stoppage of transportation?
+
+It appears that the convicts in this colony out-number the children, and
+amount to nearly double the adult free population; that since the year
+1840, 25,228 prisoners have been transported to Van Diemen's Land and
+its dependencies; that one fifth only of these are females; that the
+greater proportion of domestic servants as well as laborers are
+convicts; that they are in constant contact with every class of colonial
+society; and that though not universally, they are generally persons of
+bad principles and vicious habits.
+
+The numerical preponderance of prisoners has lowered the general tone of
+society, encouraged fraud, obstructed the administration of justice, and
+so far multiplied crime as to discourage its prosecution;
+notwithstanding 521 persons were _tried_ before the Supreme Court and
+Quarter Sessions, last year.
+
+The second enquiry is,--are the evils in connection with transportation
+inherent and inseparable?
+
+Looking at the present condition of this island, it may be justly
+concluded that they are.
+
+Reason and experience justify the conclusion that the aggregation of
+prisoners whether in close bondage or in society, must confirm them in
+evil. The effect of transportation is to force the free working classes
+from the island, and to supply their place with prisoners. It appears,
+therefore, demonstrable that as far as they are the instruments of
+demoralization, it is inevitable, from their numerical preponderance.
+Their condition affords no prospect of extensive reformation, and
+whatever evils they may be supposed to create, are essential
+consequences of transportation.
+
+3. 'Whether greater evils may not arise from the shock to society, which
+the sudden cessation of a supply of labour may cause?'
+
+It is not perceived in what manner the want of labour can be productive
+of greater _moral_ evils than now exist. An increase of wages must be so
+far beneficial to the employed, and increase their means of comfort. It
+is not supposed that a deficiency of labour will increase the
+_immorality of the upper classes_; and no connexion can be discovered
+between cessation and an increase of evil in any form whatever. On the
+contrary, transportation, by raising the proportion of the aged, the
+feeble, and the incapable, would seem to lead to the apprehension that
+greater immorality may result as the growing effect of want and
+distress. Even were it true, that the more wealthy classes are safe from
+contamination could a moral cordon be drawn--even could they be held
+safe from the effects of unrestricted communication with men of the same
+language, color, and nation--still there appears no propriety in leaving
+the working classes generally out of account. Many were induced to
+settle in this country by representations for which the government is
+morally responsible. As subjects of the Queen, they are entitled to be
+guarded against any measures which may destroy their social position and
+domestic security; it would be difficult to justify the sacrifice of
+their welfare for the sake of a class--numerically much smaller--however
+rich.
+
+And, in looking at the circumstances of this colony, no causes have been
+discovered for inferring its decline, _excepting only such as are the
+effects of transportation_."
+
+The reply to the first query, "that transportation ought to cease at
+once and for ever," elicited applause that lasted some minutes.]
+
+[Footnote 256: In our native land we are looked upon with feelings of
+horror. An old and respected colonist, and a most intimate friend of his
+own, had gone home, and had lately returned. He had told him some
+stories, and he would vouch for the truth of them. When he arrived at
+home he took his family to an hotel. He had not been there long before
+the landlord learnt that he had come from this place: he came to him
+with a face full of concern, and said, "You did not tell me, sir, that
+you came from Van Diemen's Land; do not let it be known, or I shall be
+ruined." On another occasion a friend of his had to assure the landlord
+that he was a perfectly honest man, and he need not be afraid of him,
+although he did come from Van Diemen's Land. A short time after he had
+been in England he engaged a butler. He had not been long in the family
+before he came and said the place did not suit him, and he left at once.
+The servants whom he had taken from this place soon found out the
+feeling that existed; and, instead of saying they came from here, they
+used to say they came from India.--_Speech of Robert Officer, M. D., at
+Hobart Town Meeting._]
+
+
+
+
+SECTION III.
+
+
+The benefit derived from Mr. M'Lachlan's efforts was apparent to all.
+But he was returning to Van Diemen's Land. The New South Wales
+legislature engaged the Honourable F. Scott, M.P., to watch over their
+concerns. To this Lord Stanley demurred. He said a retainer for a colony
+was inconsistent with the standing obligations of a member of
+parliament, and that a committee to direct him would usurp the functions
+of the executive (1845). The old American colonies appointed agents:
+sometimes acting for only one branch of the legislature where there were
+two chambers. They were often members of parliament. Edmund Burke filled
+this office for the assembly of New York, with a salary of £500. The
+people of Van Diemen's Land formed "The London Agency Association," and
+appointed Mr. J. A. Jackson to represent them. Their proceedings were
+adopted by the colony, at a meeting called by the sheriff of Hobart
+Town; they did not however pretend to public authority, and they
+confined their attention to secular questions. The subscribers were
+called together at this crisis. By a vote, almost unanimous, they
+adopted a letter of instructions which directed Mr. Jackson to support
+the cause of total abolition. The London Agency Association expressed
+the opinions of the country gentlemen. There were several other
+organisations composed chiefly of tradesmen. In reference, however, to
+representation and abolition, all classes agreed.
+
+The British Government seemed to anticipate the wishes of the colonists.
+A despatch (February 5, 1847,) from Earl Grey, printed in the blue book,
+informed the people that transportation to Van Diemen's Land, except,
+indeed, as a part of the colonial empire, was finally terminated. There
+was nothing to prevent the arrival of exiles, when the state of the
+colony could admit of their dispersion amidst a free people,--a
+condition explicitly required by the primary object of cessation. This
+despatch Sir William Denison laid on the table of the council, and while
+he noticed its harmony with the wishes of a large proportion of the free
+inhabitants, he exhorted them to beware of undue exultation or
+despondency whatever the issue of the measure, and in this crisis of
+their fate to confide in the goodness of God (July, 1847).
+
+The views of the government were expounded in official letters and
+speeches in the British legislature. Stated with brevity they expressed
+a purpose to punish crime in England, and to assist the emigration to
+every British colony, individually rather than collectively, of men with
+conditional pardons. Sir George Grey asserted that the idea of resuming
+transportation to Van Diemen's Land was illusory. He recommended that
+the governor should be instantly informed of its termination. He
+condemned the practice of sending many exiles to one place as likely to
+create a feeling of caste, and in time produce the evils of penal
+colonisation. With these views Earl Grey concurred (February 5, 1847).
+He stated that they agreed with his established opinion, and he thought
+that well trained convicts might be dispersed in the colonies,
+especially taking care to promote the emigration of a considerable
+number of persons untainted with crime. To the same effect was his
+exposition of the future policy in the House of Lords. He expressed a
+hope that exiles might be so distributed that the chance of recognition
+should be slight. Lord Brougham made merry at this notion of banishment
+as a game at which two could play, and depicted the consternation of
+Calais at an arrival of reformed Pentonvillians. The chief reliance of
+Earl Grey was on the demand for convict labor in the colonies, which he
+far too highly estimated. When the intentions of the home government
+were declared, Sir W. Denison, who had given opposite advice, hastened
+to recall his recommendation. He stated that to resume transportation in
+any shape would be looked upon as a breach of faith, and be very
+embarrassing to government (August 28, 1847).
+
+The publication of Earl Grey's policy occasioned general gladness and
+gratitude. But it was followed by a measure adverse to its whole spirit
+and the facts on which it had been founded (September, 1847). The
+governor was directed to remove the convicts at Norfolk Island to Van
+Diemen's Land, and to receive those remaining in New South Wales not
+entitled to release. Drafts of transports were constantly arriving from
+every British dependency, and thus additions were daily made to the
+overwhelming convict population. The vices of the Norfolk Island
+prisoners had appalled the empire. The residuary convicts of New South
+Wales indicated their character by their long detention. Some were
+imprisoned in caverns dug in the rocks, and their depravity assumed the
+aspect of mania. The whole colony was roused by these projects. Meetings
+and memorials were multiplied. A deputation to the governor, then in
+Launceston, was attended by a long and excited procession. He concurred
+in their sentiments, suspended the progress of the scheme, and received
+the thanks of the colonists and the minister. The result was
+unimportant, for from Norfolk Island the convicts were silently
+transmitted to Van Diemen's Land and distributed undistinguished.
+
+Mr. Gladstone, when secretary for the colonies, addressed a confidential
+despatch to Sir C. Fitz Roy (April, 1846), and left its publication to
+his discretion. It proposed to renew transportation to New South Wales
+with the assent of the colonial legislature. This proposal was submitted
+to a committee of the council. A report was founded on the evidence of
+employers and forwarded to Earl Grey. It consented, conditionally; that
+two free persons should be sent at the expense of England for every
+prisoner, and that assignment should be revived. It admitted that the
+real welfare of the colony might be best promoted by the total stoppage
+of transportation to Australasia; and it yielded to a regulated and
+compensating scheme only as the alternative of indirect transportation.
+To give effect to the report, of which the adjournment of the
+legislative council prevented the consideration, Mr. Darvall and five
+hundred others presented a petition to the crown, which Earl Grey, "laid
+at the foot of the throne." Earl Grey refused to restore assignment or
+to send two free persons for one in bonds; but he offered to send an
+equal number of each at the cost of the British treasury (September 3,
+1847). After an earnest but limited opposition the proposal was accepted
+by the legislative council, and the vast territory of New South Wales
+opened to the dispersion of 5,000 prisoners per annum.
+
+But Earl Grey himself departed from his own proposals (September, 1848).
+He alleged that the exchequer would not permit the execution of the
+emigration scheme, and that the demand for labour in the other British
+colonies to the full extent of the supply rendered the outlay
+unnecessary. Yet to satisfy the petitioners for convicts, some ships
+would be sent. But should the legislature insist, emigrants in equal
+numbers would follow them, and transportation terminate.
+
+The adoption of this course was prompted by financial considerations,
+but especially by the offer of Sir William Denison to receive 4,000
+convicts annually, and thus to disperse them over the continent. This
+offer had been cancelled in another despatch, but of this, although
+before him, Earl Grey took no notice. He described with great apparent
+elation, the character of reformed prisoners, and quoted a chaplain as
+his authority, who represented them in the most favorable light. They
+cheerfully endured exposure on the public works, to deter their fellow
+countrymen from crime, and overcame all their adversities by patience
+and prayer. To a variety of notions, all absurd and impracticable, and
+all speedily abandoned, he added, "Her Majesty's government accordingly
+propose in future, with regard to all convicts, except those whose
+health may require different treatment, or whose sentences have been
+commuted for imprisonment, that, after having gone through the two first
+stages of punishment already adverted to, they should be removed as
+holders of tickets-of-leave to Van Diemen's Land" (April 27, 1848).
+
+Mr. Jackson obtained an interview with Earl Grey (Oct., 1848), and
+pointed out the injustice of this course. His lordship lamented the
+revival of transportation to Van Diemen's Land, and said that it arose
+from unavoidable circumstances. He declared his adherence to the plan of
+dispersion, and his belief that South Africa, Port Phillip, and other
+colonies would afford an ample outlet for the prisoners. Circulars were
+accordingly sent to the Cape of Good Hope, the Mauritius, New Zealand,
+New South Wales, and Swan River. The Swan River colonists, a few
+hundreds in all, accepted the offer. South Australia refused. In New
+Zealand the people of both colors deprecated the plan. "Send us
+gentlemen," said the chiefs, "but send us no convicts."
+
+Before replies could arrive, Earl Grey resolved to attempt its
+execution. He began with the Cape of Good Hope: he thought that the
+military outlay for its defence entitled the crown to invade it with
+convicts. The _Neptune_, with ticket-holders from Ireland, anchored in
+Simon's Bay: the inhabitants besought Sir Harry Smith to send her back.
+This he refused; but he expressed his entire sympathy with their
+opinions, and forwarded a despatch to that effect. He promised that not
+one should land without new orders from the secretary of state. The
+people, unwilling to depend on the justice of Earl Grey, formed a
+confederacy. They refused to hold intercourse with the government, or
+while the vessel remained on their coast to supply the commissariat, or
+to deal with any who violated this compact. Branch associations sprung
+up in every district: passes were issued to travellers to show they had
+not strayed from the _Neptune_. Every public body, civil and religious,
+sanctioned the resistance. The cause of the Cape was espoused by the
+British press. A motion was made in the Commons, by Mr. Adderley,
+amounting to a censure on the minister. Both Lord John Russell and Earl
+Grey promised to remove the grievance, and the _Neptune_ was ordered to
+sail for Van Diemen's Land (November 3, 1849). The inhabitants gave
+money to be distributed to the prisoners at their destination (February,
+1850). This done, they joined in illuminations, public thanksgivings,
+and congratulatory addresses to the governor, who reproved their zeal,
+but rejoiced at their success. A prosecution of Mr. Fairbairn, for
+conspiracy to compel an unlawful act, was begun, but fell to the ground.
+A settler who supplied the government was honored with knighthood: an
+example was offered to the empire of passive but victorious resistance.
+
+The despatch of Earl Grey repudiating his own stipulation excited the
+rage of New South Wales. Mr. Charles Cowper carried resolutions
+rejecting transportation in any form whatever through the legislative
+council without opposition. On the arrival of the _Hashemy_, a convict
+vessel, the inhabitants of Sydney to the number of some thousands
+assembled (June 11, 1849), and by a deputation to Sir Charles Fitz Roy,
+demanded that the prisoners should be sent away, if necessary at the
+colonial cost. Sir Charles was alarmed and increased his guards; he
+refused admittance to the deputation, and represented their constituents
+as a factious and feeble minority. The _Randolph_ on a similar errand
+entered Port Phillip; the people resolved to oppose the landing. They
+applied to Sir Charles Fitz Roy, then on a visit to their district, to
+prevent their invasion. They were sustained by the forcible remonstrance
+of Mr. Latrobe, and the vessel was sent to another part of the
+territory.
+
+No single cause will fully account for the intense and universal
+opposition to the plans of Earl Grey. The vacillation of his lordship in
+reference to the emigrant clause, produced feelings of exasperation and
+distrust, but the sad experience of Van Diemen's Land was accepted as a
+warning by other portions of the empire. A pamphlet, recording the
+proceedings of the Tasmanian colonists, was everywhere scattered. It
+minutely examined the penal policy of the crown, and recorded the
+various demonstrations against convictism (June, 1847). A large package
+of this pamphlet was forwarded by the Launceston Association to the Cape
+of Good Hope, and arrived a few weeks before the _Neptune_. Thus foreign
+fuel was added to the local fire--the testimony of men who had
+practically known the system, and by whom it was abhorred. The committee
+appointed by the Lords (1847), by the witnesses they examined,
+authenticated the evidence against it. The fate of Van Diemen's Land did
+not command peculiar interest amidst the wreck of thrones and the
+overthrow of empires; but the supposed connection between the criminals
+and insurgents of France alarmed the aristocracy, and disposed them to
+cling to transportation. The Bishop of Tasmania bore testimony to its
+colonial mischief. Lord Brougham endeavored to draw admissions favorable
+to his views with professional acuteness; but he was foiled, and the
+bishop pronounced the solemn warning that those who cast a prisoner,
+especially a woman, into a community where criminal principles prevail,
+pronounce a sentence for both worlds.
+
+The Tasmanian colonists were soon instructed by the press that the
+theory of dispersion was exploded. They were astonished to find fresh
+convict vessels hovering on their shores; but more still were they
+amazed to learn that Earl Grey seriously professed that by sending all
+the convicts to Van Diemen's Land he substantially realised dispersion.
+He indeed promised to provide an equal amount of emigration, but they
+knew that these projects were illusive. They had before them the
+addition of convict ticket holders, by hundreds, to thousands and tens
+of thousands already in the colony; there to struggle with their
+predecessors for bread. Such was the prospect of 1848.
+
+
+
+
+SECTION IV.
+
+
+"I hope," said Lord John Russell, "that when the house does come
+seriously to consider any bill having the question of transportation
+directly in view, it will consider the benefit of the colonies as well
+as of the mother country. I own I think it has been too much the custom
+both to pass acts imposing the penalty of transportation with a view
+rather to the convenience of this country than to the reformation of
+persons known to be of vicious habits, or to the interest of the
+colonies to which they were sent. We are bound to consider those
+interests likewise. We are bound when we are planting provinces, perhaps
+what may in future time be empires, to endeavour that they should not be
+merely seats of malefactors and of convicts, but communities fitted to
+set an example of virtue and happiness, and not to make plantations, as
+Lord Bacon says, of the scum of the land" (June, 1847). Such were the
+sentiments of the prime minister on penal colonisation. The secretary of
+the home department and the secretary for the colonies had been equally
+explicit. Could they really believe their own doctrine, when their
+practice was exactly opposite to its plainest dictates?
+
+The revolution in the policy of the crown everywhere excited
+astonishment and indignation. The minister, who denounced penal
+colonisation as a national crime--who had pleaded the cause of the
+colony and pledged the redress of its grievances--who, in short, had
+professed himself a disciple of Archbishop Whately--continued to pour
+convicts by thousands where for every free man there were two in bond.
+Destitute of legislative and physical power, the colonists could do
+nothing but deprecate. Every principal town and public body renewed
+their entreaties. To give them in full would be but to repeat statements
+of similar import. However variously expressed, they could scarcely
+deepen the unavoidable convictions of the world.
+
+In their numerous petitions the colonists referred to the public joy
+which had greeted an offer of abolition,--accepted not less as a signal
+interference of providence than as a proof of the equity of the British
+government. They slightly censured Sir William Denison who had called
+for four thousand convicts annually, against the petitions of 5,320
+colonists, 624 parents and guardians, representing 3,355 souls; against
+the memorials of the clergy of every sect, the oldest magistrates, and
+most opulent settlers, and public meetings everywhere decisive, and
+they entreated deliverance from an experiment more hopeless than its
+predecessors. They reminded the government of Great Britain that the
+colony was now entitled to abolition, not only as a measure politic in
+itself, but as guaranteed by the deliberate and solemn promise of the
+minister, promulgated by the representative of the crown.
+
+A massive volume would be insufficient to contain the petitions,
+letters, and despatches produced in this controversy. Colonists well
+qualified to maintain the popular cause devoted to this question the
+best years of life.
+
+Sir William Denison, although opposed to one form of transportation,
+maintained its substance with a pertinacity which never wavered. He
+stood almost alone. He adopted the opinion that the supply of labor to
+the colonies of this hemisphere was within the special province of his
+government. The tendency of high wages to demoralise the workman and
+retard the prosperity of employers, are prominent topics in all his
+discourses and writings. Thus the masses of the people inferred that his
+schemes were hostile to their welfare, and that the depression of the
+working classes was a primary object of his policy. The opulent settlers
+had abandoned these considerations under the influence of higher aims.
+They were resolved to trust to the experience of other colonies
+where--with a demand for labor--a rapid enlargement of capital and
+diminished crime seemed to prove that the moral and material interests
+of the wealthy and industrial classes were not incompatible. The social
+recovery of the colony could only be effected by the influx of families,
+and a comfortable subsistence was indispensable to attract them. The
+arguments of the governor, addressed to momentary interests, were
+overpowered by a desire to stand on a level with free peoples. The
+disputants on both sides were in possession of facts favorable to their
+respective opinions. Whatever evils were proved against transportation,
+the labor it afforded had been long employed. Habit had reconciled the
+minds of many to its inferiority; and the means of supplying its place
+were confessedly contingent and remote. A new society, having no
+disabilities to remove, no moral stain to obliterate, and formed of
+elements in natural proportion, could not hesitate a moment. Economical
+experience would dictate the rejection of slaves. But to clear away the
+refuse of a long-existing social state, and to build anew, was a
+formidable undertaking, however certain of reward. Many landholders and
+masters foresaw the trials attending the transition, but were willing to
+encounter them to attain an object beyond all price. "We wish it," said
+one of their manifestos, "to go forth to England, and to England's
+Queen, that we are not expecting solicitation or waiting for bribes; but
+knowing what we do, and prizing as man must ever prize the sources of
+gain, our resolution is taken,--relying on the sympathy of mankind, we
+cast ourselves on the goodness of Almighty God, and dare all hazards,
+_that our children may be virtuous, and their country free_."
+
+The expression of colonial feeling was accepted by most respectable
+dissentients as decisive. The settlers least averse to transportation
+were disgusted with the ever-changing views of the ministers. In the
+preceding ten years they had never known an hour's repose. In '38, the
+parliamentary committee condemned assignment. In '40, Lord John Russell
+stopped transportation. In '41, Captain Maconochie's mark system was in
+the ascendant. In '42, Lord Stanley's probation scheme sprang up. In
+'45, Mr. Gladstone projected the North Australian colony for
+ticket-holders. In '46, Earl Grey propounded the Tasmanian convict
+village scheme. In '47, he announced total abolition. In '48, another
+complete revolution took place, and all convicts were to be sent to Van
+Diemen's Land. This extravagance of upstart theory and fitful experiment
+without end, all tended to check colonial enterprise and destroy the
+public tranquillity.
+
+In whatever sense Earl Grey announced abolition in '47, it was clear
+that free emigration was essential to his plan when he proposed to
+resume it in '48. The funds he assigned for this purpose were sums,--the
+cost of their exile--to be exacted from ticket-holders as the price of
+freedom. But these funds were wholly prospective. Insuperable
+difficulties opposed their collection. Nor was the principle just. The
+sickly and unskilful would have stood at a greater distance from
+liberation than the clever and robust. The successful thief could
+purchase his freedom, and leave behind his more honest shipmates. The
+criminal being confounded with the debtor, a penal sentence would have
+ended in a civil process. Earl Grey proposed to add to the free
+population by the expenditure of £10,000, granted by the parliament, but
+it was found that the families of convicts were to be the chief
+participants. Thus resumption cut off all hope of free emigration. Nor
+was it even desirable while the laboring classes were in poverty. The
+settlers had the example of New South Wales before them; where even the
+sudden stoppage of transportation had been followed by rapid recovery.
+They were willing to combat their difficulties alone. "Such," said they,
+"will at no distant period be the condition of this country should the
+government prove just. And then, with its fertile valleys, clothed with
+abundance and filled with life, and its pure salubrious atmosphere
+giving length of days, it will need no other attractions than nature has
+conferred--no other commerce than the commerce of freedom--no patronage
+save the enterprise of its children. From the crown we ask nothing
+except to spare us from further wrong, and to accept our grateful
+loyalty in return for the uplifting of a burden too heavy to bear."
+
+The governor himself was adverse to the ticket system. The control
+exercised over the holders was limited to the most ineffectual and
+distant surveillance. They were free in reference to the colonists, and
+were subject to the same laws for the regulation of service.
+Restrictions were imposed on their locomotion, but without much
+practical restraint. Sir William Denison now recommended to the
+secretary of state to send all convicts to New South Wales, where wages
+were high and labor scarce, until the colonies being equal, the market
+of Van Diemen's Land might again share in absorbing them. To this plan
+the colony would have been disposed to assent at this stage of the
+struggle. By most persons it was thought reasonable, on national
+grounds, that the theory of dispersion should be tried, wherever it
+might inflict no peculiar caste or moral stain. Mr. Sharland, a
+strenuous abolitionist, prepared a series of resolutions against the new
+form of convictism. The governor promised to support them in the nominee
+council, and they passed unanimously (October, 1848). The first totally
+objected to the ticket system, as in the highest degree injurious to the
+convicts and the colony, and without advantage to Great Britain. The
+second recommended the dispersion of convicts throughout the colonies,
+accompanied by well-selected emigrants. The commentary of the governor
+explained these resolutions as a compromise between persons of adverse
+views. A large number of non-official magistrates--117 out of
+140--signed the condemnatory clause only. They declined to countenance
+the revival of transportation, or, by discussing theories of secondary
+punishment, to weaken the moral claim held in the pledge of Earl Grey.
+
+The increasing numbers of ticket-holders confirmed these objections.
+They were landed, and forwarded in considerable bodies to seek
+employment in the interior. Their decent apparel and quiet demeanour
+made them less objects of aversion than pity. Unacquainted with colonial
+labor, they were often unable to procure employment. Amongst men of this
+class many, of course, were disorderly and reckless, and when they were
+not readily relieved, they were insolent and threatening. They could,
+indeed, throw up their tickets, and claim food of the government, but
+only by a process which exposed them to censure and punishment.
+"Unfortunate men," said the London Agency Association, "unacquainted
+with useful labor, wander from farm to farm, asking for a night's
+shelter or a morsel of bread. The relief of these men by the settlers is
+prompted alike by their humanity and their fears."[257] These statements
+were disputed by the governor, but they were sustained by numerous
+certificates, and, in a form more qualified, by several police
+magistrates. In a lonely locality females could hardly refuse relief to
+applicants in parties, who pleaded the utmost want, and, when travelling
+over districts equal to an English county, depended on the charity of
+the settlers.
+
+These appeals were laid before parliament; they rested their claims on
+the word and honor of the minister, and on the unaltered circumstances
+which he quoted to justify his original design of abolition. The pledge
+was confirmed by the long acquiescence of Earl Grey and the other
+ministers of the crown. Lord Mahon, a member of the late ministry,
+complained that Earl Grey had fettered not only himself but his
+successors. He confirmed the colonial interpretation of the pledge,
+"most imprudently given by Earl Grey, that transportation should not be
+resumed to Van Diemen's Land;" and he expressed an opinion "that it was
+most impolitic and perilous thus to make pledges to the colonists that
+were not fulfilled."[258]
+
+During the same session Mr. Gladstone repeatedly referred to the purport
+of this abolition despatch, and urged the minister to extend as widely
+as possible the area of penal dispersion. He thought the policy of
+England less wise than in former times, when the numbers distributed in
+America were so small that they were lost in the mass of the population
+(March, '49). Lord John Russell, he observed, had given a pledge that
+transportation to New South Wales should be stopped. The same promise
+was made to Van Diemen's Land. Had these pledges been kept? Such
+vacillation was discreditable to the name of this great country (June,
+'49).
+
+Earl Grey was still pressed by the reiterated appeals of Van Diemen's
+Land, and by imputations of having broken faith with its inhabitants.
+The complaints of eminent commoners were renewed in the lords. He was
+reminded that his opinions in 1846 were at variance with continued
+transportation. Earl Grey demanded proof, when Lord Lyttleton held up
+his despatch, and referred to an opinion but a few days before avowed by
+Lord John Russell, that the time was at hand when a substitute would be
+necessary for transportation. Lords Wodehouse and Ilchester followed,
+and predicted a fearful recoil,--a severe and well merited retribution.
+Lord Stanley reflected on the secretary of state for abandoning the
+remedial plans of his predecessor. "Expectations," he said, "had been
+held out to Van Diemen's Land, that transportation would cease, but that
+now it appeared that it was not to cease. What security had the noble
+lord that the colony would not resist the reception of convicts?" Lord
+Monteagle asked if it was possible to send them to Van Diemen's Land? To
+this Earl Grey replied that the colony was thriving, that the opposition
+to transportation had declined. Millions had been expended in preparing
+the country for convicts, and the free inhabitants could not expect that
+when they chose to call for cessation, the imperial policy was to be
+altered on their demand (April 12, 1850).
+
+"I must notice," said Earl Grey, "the remarks of the noble lord at the
+table (Lord Lyttleton) and the noble lord opposite, (Lord Stanley) as to
+the effect of the earlier measures of the present administration in
+producing the difficulty which is now complained of. It is asserted that
+the language used both in despatches and in discussions in parliament by
+members of her Majesty's government was calculated to create an
+impression on the minds of the colonists, that transportation was to be
+entirely discontinued, and thus to raise expectation, which it is
+painful now to disappoint. My lords, if that impression and these
+expectations were created, it was rather by what other parties
+represented to be the views and intentions of the government, than by
+anything which was said by members of the administration. I defy any
+person to read through the despatches upon this subject as a whole (for
+perhaps detached passages taken without the contents might be quoted
+which would convey a different meaning), and not to perceive that the
+view entertained from first to last was, that convicts, after having
+undergone the most severe part of their punishment, were to be removed
+to the Australian colonies, and a very large portion of them to Van
+Diemen's Land. Undoubtedly it was the original intention of her
+Majesty's government that convicts should be removed as exiles; that is,
+under regulations by which on their arrival they would have been
+entirely free except as to the power of returning to this country." When
+his lordship was again taunted with the violation of his promise, he
+replied that Van Diemen's Land had no right to complain--colonies which
+had been founded as free colonies might do so; "but Van Diemen's Land
+had been originally intended as a penal settlement, and had no right to
+refuse to receive any number of prisoners the government choose to send,
+and that he (Earl Grey) was of opinion that the authority of the crown
+should be firmly asserted."
+
+Thus the hope of voluntary relief from Earl Grey was totally
+extinguished. He had before acknowledged that the claims of the colony
+were unsatisfied, and had given no distinct denial of the pledge; but
+his tone under these rebukes was authoritative and menacing. Passing
+over all he had ever said in favor of dispersion, he adopted the
+sentiments, almost the words of Lord Stanley, delivered four years
+before, when that nobleman defended the policy of transportation and
+denied the right of the colonists of Tasmania to complain.
+
+The people of Van Diemen's Land, on receiving this speech, met in
+unusual numbers, and renewed their protests and petitions. They extended
+the leagues, started a year before, by Mr. Young, a Launceston mechanic,
+to discountenance the employment of convicts. These compacts contained
+various conditions, but they all proceeded on the presumption that
+petitions must be followed by action. They were, however, difficult to
+observe. It was not easy to distinguish the different orders of convicts
+and periods of arrival. The working-classes, to whom the confederation
+was beneficial, taunted employers with inconsistency when they shrank
+from the unequal sacrifice. The governor himself described the opponents
+of transportation, who employed convicts, in terms of irony, and the
+press took up the reproach, and weekly reiterated the charge of "paltry
+trimming between principle and expediency." By many hundreds the pledge
+was signed notwithstanding, and it was generally kept. Many tradesmen
+exhibited an example of self-denial and voluntary sacrifice to gain a
+public object worthy of praise.[259]
+
+When the _Neptune_, rejected by the Cape, arrived in the Derwent, except
+Mr. Mitchell, who was detained in bondage, the passengers were pardoned
+(1850). The painful exhibition of ministerial contempt stung more than
+it injured the people of Tasmania, and they declared that nothing but
+want of power prevented them from chasing the vessel from their waters.
+A solemn protest, addressed to the people of Great Britain, was signed
+by the chief merchants and landholders.[260] From this time the
+colonists continued to protest specially against the violation of public
+faith whenever a convict vessel anchored on their shores. Scarcely any
+form of remonstrance remained to be tried. For three years the colonists
+had repeated their petitions. The collecting of signatures in a
+scattered population was attended with much difficulty and expense. To
+stimulate and sustain hope through so long a struggle was the great task
+of the leaders of this movement. The parents--the women of Van Diemen's
+Land--the clergy, singly--all sects together and in their separate
+churches, kept up by petitions a constant fire. Such a topic could
+hardly be expected to fix the attention of the people of England, but it
+derived fresh importance from its complication with the fate of other
+colonies and the honor of Great Britain.
+
+The discussion of transportation for several years annoyed and
+distressed respectable expirees, who, unless intelligent and just, were
+disposed to murmur at arguments which seemed to glance at themselves.
+The caution and discrimination of the leaders of the movement could not
+always restrain the oratory of their friends, and many offensive
+metaphors or epithets dropped in the warmth of speaking, not in the
+circumstances to be justified. Stimulated by newspaper writers, certain
+educated emancipists of the metropolis proposed to form a "protection
+association" (October, 1850). In their manifesto they collected all the
+epithets calculated to wound the feelings of "their people," for so they
+called them, and drew out columns of "grievances"--in the mock
+sentimental style of pseudo martyrdom. "Such," said they, "is our truly
+melancholy condition: but the time has arrived to rescue our people."
+"We know the silent grandeur of our strength." They proposed to put down
+the abolition press, to send emancipists to the Council, and to assert
+the majesty of their numbers against their emigrant oppressors. But,
+though encouraged by some old transportationists amongst the
+magistrates, and by the government press, the scheme was too monstrous
+for success. The respectable expirees stood aloof, and even detested an
+organisation founded on the reminiscences of crime. A few noisy meetings
+and inflammatory speeches were sufficient to open the eyes of most to
+the gulf of caste into which their own protectors intended to fling
+them. The deputations to the country districts were met in some
+instances coldly, and in others with laughter. Mr. Gregson went to the
+assembly at Richmond, and crushed their project by a calm exposition of
+its character. From this moment the Union languished, and soon
+disappeared, leaving a memorable warning against penal colonization and
+the creation of a caste embittered by ignorance and revenge.
+
+It was, however, felt by the colonists that no expression of the public
+will would recall the minister to a sense of justice, or command the
+effectual protection of parliament. The measures adopted by the Cape
+were impracticable in Van Diemen's Land: if, indeed, consistent with
+loyalty, they were not proper in a country where the support of the law
+was necessary to restrain the convict population. Such a course was
+predicted and recommended by the English press, but the ministers,
+better informed, felt no danger of active or passive resistance.
+
+Whatever compassion might be felt for Van Diemen's Land in the adjacent
+colonies, hitherto its treatment by the minister had produced no
+demonstration in its favor. It had been held up as a warning to
+stimulate resistance to any participation in its fate. The continental
+press pointed to its prostration with epithets of reproach, and it was
+described as the dust-hole of the empire. The sympathy of its neighbors
+was overpowered by the stronger feeling of self-preservation. It seemed
+like a mill-stone strung to the neck of the Australian world, and
+destined to drag it down to perdition. Under this impression they sought
+to impose restrictions on the migration of expirees and the holders of
+conditional pardons. The legislature of New South Wales passed a vagrant
+act, which required such persons to register their names at the nearest
+police-office, within a given time after their arrival. Earl Grey
+disallowed this ordinance, at the recommendation of Sir William Denison,
+as not only in itself oppressive, but calculated to retard dispersion,
+and counteract the royal prerogative. The great argument of the
+advocates for transportation in New South Wales was, however, founded on
+the impossibility of checking indirect transportation through Van
+Diemen's Land. Men landed in Tasmania, crossed over to Port Phillip, and
+were often traced by their depredations.
+
+The sense of impotence is not the least painful element of unjust
+suffering. This weakness was the topic of exulting scorn with the few
+enemies of the popular cause. The people were without allies or
+protectors, and completely subject to a despotic will.
+
+FOOTNOTES:
+
+[Footnote 257: London Agency Letter, November, 1848.]
+
+[Footnote 258: Debate, March 8, 1849. (Hansard.)]
+
+[Footnote 259: Among the many devices to awaken attention to ministerial
+injustice was an association to obtain for liberated convicts, of the
+incorrigible class, a passage to England. The prospectus, signed by Drs.
+Browne and Gaunt, turned back the British arguments for transportation
+with effect, and proposed to remit the objects of their charity to the
+reform societies, parishes, and municipalities of England. This proposal
+was seriously discussed at Port Phillip, and nothing prevented its
+partial execution but the difficulty of preserving, with the ordinary
+arrangements of a vessel, the subordination of such a ship's company.]
+
+[Footnote 260:
+
+"_The solemn Declaration of the undersigned Colonists of Van Diemen's
+Land, addressed to the British nation._
+
+"On the 5th day of April, 1850, the ship _Neptune_, the vessel freighted
+with convicts to the Cape of Good Hope, but rejected by its inhabitants,
+anchored in the port of Hobart Town, under the orders of the right
+honorable the secretary of state, Earl Grey.
+
+"Our reiterated petitions presented to her Majesty's government have
+impressed the feelings of every class upon the subject of
+transportation, and exhausted every argument which could enforce its
+abolition.
+
+"The ministers of religion, the parents of 20,000 children, the
+magistrates almost unanimously, have in every form expostulated and
+implored; nothing that the constitution authorises remains to be done to
+make known the most unhappy and oppressed condition of this country....
+
+"We cannot resist the oppression of the British government. We are
+convinced that appeals to the justice and humanity of the ministry are
+utterly unavailing; and that the principles which have induced them to
+relieve armed or rebellious colonies, lead to the oppression or
+contemptuous disregard of those who are too feeble for effectual
+resistance.
+
+"We have patiently awaited redress; we have borne illegal taxes, imposed
+by a council of crown nominees, and maintained by the amoval of _one_
+judge and the appointment of another; and have appealed only to the
+provisions of the constitutional law of England--but in vain.
+
+"And now, to fill up the measure of our wrong, ministers have publicly
+announced their contempt for our petitions, by ordering the _Neptune_ to
+our port, and discharging her passengers upon our shores.
+
+"In such circumstances silence would be criminal. As citizens and
+parents we hereby solemnly protest against the cruelty and falsehood of
+the English government--against the wrongs which threaten and oppress
+ourselves and our children.
+
+"Van Diemen's Land, April, 1850."]
+
+
+
+
+SECTION V.
+
+
+But the day of deliverance was at hand. "_The Australias are one_"
+became the watch-word of the abolitionists, and they adopted decisive
+means to propagate the cry, and secure the co-operation of the colonies
+of the continent. From this idea sprang the "Australasian League"--an
+organization comprehending a numerical and moral force without parallel
+in the present colonial empire. At Launceston, on the 9th of August,
+1850, the following resolution was adopted:--"That the whole of the
+Australasian Colonies are deeply interested in preventing the
+continuance of Transportation to this Island. That the Launceston
+Association for Promoting the cessation of Transportation to Van
+Diemen's Land be hereby requested to address a letter to the respective
+Colonial Secretaries, Speakers of Legislative bodies, Municipal
+authorities, and other influential parties in those Colonies, earnestly
+requesting the co-operation to ensure their attainment of the great
+object we have in view."
+
+The feeling expressed in this resolution was instantly reciprocated in
+all the colonies. Speakers at their meetings referred to the condition
+and hopeless prostration of Van Diemen's Land as a general grievance. A
+letter, founded on this resolution, was drawn up by Messrs. West, Du
+Croz, and Douglas (dated August 26), under the instructions of the
+"Launceston Association," the first formed in the colonies. It was
+signed by the chairman, Rev. Dr. Browne, senior-chaplain of Launceston.
+After tracing the course of the British government, it proceeded:--"As a
+last resource we turn to our fellow-colonists who, united to us by the
+strictest ties, are liable to the same wrongs; and who will not be
+indifferent spectators of sufferings which they may ultimately share. If
+you look at the chart of Van Diemen's Land you will perceive her
+geographical position establishes a relation to the adjacent colonies
+which no laws can disown and no time dissolve. A few hours convey
+vessels from our shores to the ports of Victoria, New South Wales, and
+South Australia; and a few days' sail to New Zealand, and thence to the
+islands that crowd the Pacific Ocean. Her majesty's ministers have
+taught the communities established in this portion of the empire that
+their ultimate interests are ONE: that upon the public spirit,
+intelligence, and virtue of each, in no small measure, depend the
+happiness and prosperity of all. We remind you that, in twenty years
+from the present moment, should transportation continue, and the annual
+number remain stationary, 70,000 or 80,000 convicted persons will have
+passed through Van Diemen's Land into the neighbouring colonies. They
+will consist of men not only originally depraved: all will have gone
+through the demoralizing probation of public gangs: they will all have
+dwelt, for several years, in exclusively convict society, where every
+prevailing sympathy must be tainted with the habits of crime. This
+island will not be a filter; but the accumulation of moral wretchedness
+will unavoidably contaminate every mind, and stamp on every character
+the impression of its peculiar constitution. The sacrifice of this
+colony will not, therefore, exempt the neighbouring settlements from any
+portion of the mischief incident to direct transportation. They will
+receive the prisoners later in life, but deteriorated in character. Evil
+associations and evil men become worse and worse: such is the dictate of
+reason, and such is the solemn warning written in the oracles of God.
+If, then, your colony had cause to protest against the infliction of
+this evil in a limited degree, how much stronger must be your opposition
+to a system which will bring into your streets, your houses, your
+hospitals and prisons, the crime, insanity, decrepitude, and pauperism
+ever consequent on transportation, aggravated by transmission through a
+country in moral ruin. Were we to appeal to a principle of selfishness
+in addressing our countrymen, we might remind you that the reputation of
+this entire hemisphere is compromised by the condition of Van Diemen's
+Land. The nice geographical distinctions which colonists make are lost
+in the distance. As your vessels enter foreign ports, the line which
+divides your population from ours fails to distinguish them. We have
+heard with regret, and not without humiliation, that the British name,
+every where respectable until now, has ceased to insure to many, who
+have never forfeited its sanction, the common confidence of foreign
+nations. That a petty state, but of yesterday, has initiated laws
+intended to stigmatise all the inhabitants of the southern world, and
+attributing to the whole the character of convictism. A more serious
+consideration is the positive injury inflicted upon the islanders of the
+Southern Ocean by scattering among them desperate men who have been
+perfected in all the arts of wickedness, and who are placed within reach
+of an interesting and rising people, whom they too often shock by their
+vices and oppress by their crimes. We submit, sir, to your humanity as a
+British fellow subject, and to your discretion as a christian
+magistrate, the case of this country. In the mutation of human affairs,
+the arm of oppression, which has smitten us with desolation, may strike
+at your social well-being. Communities allied by blood, language, and
+commerce, cannot long suffer alone. We conjure you, therefore, by the
+unity of colonial interests--as well as by the obligations which bind
+all men to intercede with the strong and unjust on behalf of the feeble
+and oppressed--to exert your influence to the intent that transportation
+to Van Diemen's Land may for ever cease."
+
+The colonial office at first did not deny, what indeed was
+unquestionable, that such hopes had been given, and not until twelve
+months after Lord Grey maintained that his discretion was not limited by
+his promise. Mr. Jackson again remonstrated with the minister on behalf
+of the colony. Earl Grey directed Mr. Hawes to assure him the government
+earnestly desired to meet the wishes of the inhabitants of Van Diemen's
+Land for the discontinuance of transportation (March, 17, 1849). The
+opinion of British legislators of high pretensions having confirmed the
+colonial interpretation, Earl Grey made another effort to recover New
+South Wales. He once more instructed Sir C. Fitz Roy to reopen the
+discussion (Nov. 19, 1849), and a message for this purpose was sent to
+the legislature (June, 1850). A new election meantime occurred, and the
+people, supposing the question irrevocably settled, had exacted no
+pledges from the members. Mr. Lamb, then a crown nominee, proposed
+(August, 1850), a series of resolutions confirming the previous
+decision, and declaring that tranquillity could only be restored by
+revoking "the order in council." The debate on these resolutions was
+postponed until the 27th of September, when it was understood counter
+propositions would be submitted.
+
+The proposal to revive transportation in New South Wales was under
+discussion when the speech of Earl Grey's reached the colonies. The
+people were called together to consult on their own affairs and
+naturally turned to the policy of government as exhibited in Tasmania.
+The resolution of the 9th of August obtained an immediate response, and
+gave a new aspect to the agitation. The great Sydney meeting (September
+16) "pledged themselves to co-operate with their brethren in Van
+Diemen's Land;" and an association then formed for preventing the
+revival of transportation opened a channel of communication. The _Sydney
+Herald_, the chief organ of the abolition cause, remarked, "the best way
+of dealing with this and all other evasions is that suggested by the
+people of Van Diemen's Land, the formation of a great Australian
+confederacy" (September 16). The people of Port Phillip "tendered their
+deep sympathy and hearty concurrence and co-operation," and appointed a
+provisional committee to take such measures as might be deemed
+necessary to obtain complete redress. The unity of the colonies became
+thenceforth the favorite topic, and nothing remained but to give to this
+important sentiment a practical direction. Meanwhile (1st October), the
+council of New South Wales decided on the despatch of Earl Grey, so far
+as related to themselves. An amendment of Mr. M'Arthur, to receive
+selected exiles with three emigrants for each, although supported by the
+eloquence of Wentworth, was defeated, and Mr. Lamb's motion carried
+without a division. The abolitionists had made efforts to secure
+unexampled demonstrations without, and to determine the question for
+ever. They held meetings daily, and called into action all the agents of
+political agitation. The ladies imitated the mothers and daughters of
+Van Diemen's Land, and petitioned. The members on the popular side were
+encouraged by the countenance of the bishops and clergy of all
+persuasions. The judges gave the weight of their experience on the same
+side. Five hundred persons memorialised the council in favor of
+transportation. Thirty-six thousand protested against it. The Port
+Phillip members who went up to Sydney on this errand alone, to secure a
+majority of the side of abolition, were met by the citizens at the water
+side and escorted in triumph. The debates were more prolonged than any
+known before--Australian eloquence exhausted the topic, and satisfied
+the public judgment for ever. Mr. Wentworth in supporting the amendment
+yet declared his aversion to transportation, and his belief that nothing
+but a powerful confederation of the colonies would prevail against
+it.[261] The governor was neutral: the official members of the house
+withdrew: but the attorney-general rose from the deserted benches, and
+claiming to perform a duty as a citizen who had watched transportation
+in all its stages and results, gave an irresistible testimony on the
+side of social freedom.
+
+A common interest in the liberation of Tasmania being thus avowed by the
+continental colonies, it became necessary to settle the principles of
+their confederation. The Rev. John West of Launceston, who had first
+mooted the measure, was deputed to consult with the colonists resident
+at Hobart Town. Meetings were accordingly held at the dwelling house of
+Mr. Hopkins of that city during several weeks, and the whole question of
+transportation in its colonial aspect was largely discussed. An
+impression seemed to prevail that the theory of dispersion, as
+originally propounded by Earl Grey, might have been beneficial to the
+empire and desirable for the convicts, and but slightly injurious to the
+colonies. It was clear, however, that the resolution of the free
+colonies was irrevocable, and that the continuance of transportation
+would pour an incessant and destructive stream of crime into Van
+Diemen's Land. Nor was it possible to make common cause with the
+adjacent communities but by supporting the object of their local
+resistance. Without reference to theories no longer practicable, an
+agreement was drawn up by Mr. Pitcairn, and signed by the gentlemen
+present, in the following terms:--"We the undersigned, deeply impressed
+by the evils which have arisen from the transportation of the criminals
+of Great Britain to the Australian colonies, declare that transportation
+to any of the colonies ought for ever to cease, and we do hereby pledge
+ourselves to use all lawful means to procure its abolition--Robert
+Pitcairn, Thomas D. Chapman, Henry Hopkins, G. C. Clarke, Joseph
+Allport, John West, F. Haller, G. W. Walker, William Rout, Henry Smith,
+P. T. Smith, Robert Officer."
+
+Having thus secured concurrence in the object to be sought, the
+initiation of practical measures was remitted to the Association of
+Launceston. At an adjourned meeting of that body, on 10th October, the
+secretary, Mr. Crookes, was instructed to propose a conference of
+delegates from each of the colonies, to be held at Victoria. This
+proposal was instantly adopted by the abolitionists of Melbourne: the
+mayor was requested to forward invitations, and to fix the time of
+meeting for January, 1851. The people of New South Wales and South
+Australia found it inconvenient to comply with this arrangement, but
+expressed the most cordial interest in its issue. The Associations of
+Hobart Town and Launceston selected, as their delegates, the Rev. J.
+West and W. P. Weston, Esq., who, for some years, had been actively
+engaged in the struggle against transportation. A public breakfast was
+given by their constituents at the port of embarkation, at which Mr.
+Sharland presided. The delegates explained their views. They were going
+forth to change the policy of a mighty empire. "We," said they, "assert
+that a community should deal with its own crime; at least, so deal with
+it that, in its disposal, it shall not injure those who have never
+offended,--so that, at least, the honest labourer shall not be brought
+into unfavorable competition with the hardened criminal,--so that, at
+all events, our sons shall not be driven from their homes to seek
+employment in distant lands, there to meet suspicion and contempt." They
+disclaimed all intentions inconsistent with constitutional loyalty, and
+all weapons but those of justice and truth. "We are a loyal people, and
+have given abundant proof of our loyalty, but it is not an unalterable
+principle. There is an old proverb: 'The sweetest wine makes the sourest
+vinegar.'" On the departure of the delegates (Jan. 15, 1851) they were
+attended by the Launceston Association and a large concourse of people.
+The vessels in the harbour were decorated with their colours, and the
+whole scene was imposing. Three cheers were given for the Australasian
+Conference, and three for the Queen. As the vessel moved from the wharf,
+the band struck up the air which well expressed the feelings of the
+moment--"Rule Britannia: Britons never shall be slaves." "In a few
+weeks," said a spectator, "the Australasian League will be a great
+fact--an epoch in the history of Australia. We have seen the beginning
+of the end."
+
+When the delegates landed at Victoria they were warmly welcomed. An
+address was read and presented to them by the mayor, Mr. Westgarth, the
+member for Melbourne, Mr. Stawell, and other gentlemen of the
+association. "We bid you," said they, "God speed, in the high and holy
+mission on which you come. Rest assured that the colonists of Victoria
+will go with you heart and hand, and they will not cease their efforts
+until the emancipation of the Australian colonies from the oppression of
+British crime shall be fully accomplished." "You," said the delegates in
+reply, "can confer no greater honor on the province that bears the name
+of Victoria, than by initiating measures which may assure the Australian
+world that that illustrious name shall everywhere be the guarantee of
+justice and truth." The delegates and the local association met in the
+town council chamber, and concerted the plans of future action. After
+several protracted sittings the terms of confederation were settled,
+and a "LEAGUE AND SOLEMN ENGAGEMENT" formed for the Australian
+world.[262]
+
+This covenant bound the subscribers to reject convict labour afterwards
+arriving; to employ their powers electoral, official, and legislative,
+for the extinction of transportation; and to afford their utmost
+assistance to all who might suffer in the lawful promotion of the cause.
+Another article, pledging non-intercourse with obstinate
+transportationists, was expunged on the motion of Messrs. West and
+Stawell, as scarcely within the range of moral force, and needless in
+the state of public feeling. To frame a confederation securing perfect
+independence of action in the separate colonies, and the effective
+co-operation of all, was a more difficult task. This, was, however,
+fully accomplished. The members, admitted by subscription alone, elected
+the provincial councils, who appointed their delegates. These formed the
+general conference. This body enacted the rules of united operation;
+they appointed an executive board to carry them out, and nominated
+gentlemen in London to direct operations in Great Britain. The local
+councils retaining control over the funds collected within their bounds
+were authorised to contribute for common purposes, and to appoint paid
+delegates to carry home their remonstrances to the English government
+and people. Such was the constitution of the League, which may hereafter
+suggest the union of the colonies under the sanction of the crown. The
+delegates adopted addresses to the British and the Australian public. To
+the colonies they depicted the vast moment of this agitation, and
+invoked their instant and earnest aid, closing with these solemn
+appeals: "Ponder deeply, fellow colonists of Australia, the prospect
+that lies before you. Consider well the moral and even the merely
+economical relations of the question. Reflect on the subject of the
+administration of justice, not only with reference to its enormous
+expense, but also as to the social effect of the ceaseless and weary
+labours of our criminal courts. Reflect on the vast and gloomy gaols
+that must meet our eyes in a noble and fruitful land, where prosperity
+should have banished almost the remembrance of crime; on the arrays of
+our police that ever remind us of the noxious elements of our
+communities; and think, too, of our daily press that might edify a
+virtuous public by accounts of incessant progress and well doing, but
+which, faithful to the cause of truth, must ever teem with the harrowing
+evidence of the depravity of our fellow-beings. And again turn to the
+scene that so frequently closes upon the career of the convict. Consider
+the helpless pauperism of improvidence; constitutions ruined by vice and
+profligacy; asylums and hospitals overflowing with degraded and wretched
+outcasts, descending to the grave without respect and without sympathy,
+quitting a world which they had only dishonoured and abused."
+
+"In conclusion, fellow colonists, with reference to this momentous
+question, let us not argue with the home government either on the law of
+the case, whether that be with them or with us, or on the relative power
+of the contending parties. The accidents of law or force, whichever way
+they might prevail, can never remedy the social disorders we complain
+of. Let us then represent to the British government, to the British
+parliament, and to the British public, that in the present state and
+prospects of the world, it is a great moral obligation on the part of
+our parent state, not to eject her criminals into other societies
+already charged with their own, but to retain and manage them within
+herself."
+
+In their address to the united kingdom they united remonstrance with
+warning: "We ask our fellow countrymen" said they, "to look at the map
+of the world; to measure the distance between England and her Australian
+dependencies; to mark their geographical relations with gigantic
+empires; and to estimate aright their future importance as elements of
+her wealth, greatness, and glory. If the colonists are compelled to own
+that their interests may be ruined by an official despatch--that their
+name and fame may be dishonoured, to relieve the gaols of Great
+Britain--if their youth cannot visit any country under an Australian
+flag without being made to feel that they were born in a degraded
+section of the globe, we are at a loss to imagine what advantages
+conferred by the sovereignty of Great Britain can compensate for the
+stigma of its brand."
+
+"We address the words of supplication, not of threatening. A few short
+years, and that which is now a grievance will grow into a quarrel. By
+instant concession, an act of justice will become a monument of imperial
+clemency. But these colonies are solemnly pledged, each to the other, by
+their mutual interests,--their future destinies,--their fellowship of
+weal and woe,--and now by their League and Solemn Engagement, to achieve
+the freedom of their common country."
+
+Having arranged the plan of action, the association convened a meeting
+of the Victorians. On the memorable 1st of February, 1851, the league
+was solemnly inaugurated, being signed by the Tasmanian delegates, and
+by the mayor, William Nicholson, Esq., William Westgarth, Esq., M.L.C.,
+and Montgomery Bell, Esq., alderman, as delegates for Melbourne. This
+done, a banner of deep blue, spangled with the Southern cross, adorned
+with the national colors, and bordered with white on which the date of
+the confederation was traced in letters of gold, was unfurled and
+greeted with the loud acclamations of the assembly. A council of nine
+was afterwards elected by ballot, composed of the most eminent citizens,
+the mayor being president.[263]
+
+It was determined to raise £20,000 as a league fund in the Australian
+colonies. Warmed by the advice and example of Mr. Bell, the opulent
+supporters of the cause resolved to take the chief burden on themselves.
+The delegates for Melbourne each subscribed one hundred guineas. Mr.
+Moor, the member for Port Phillip, added fifty to this sum as a special
+token of his sympathy with Tasmania. Thirty houses of business followed
+with one hundred guineas each. The mayor of Geelong, Dr. Thompson, set
+an example of similar liberality. A thousand persons met the delegates
+in that town; formed their own council, and embraced the league with
+enthusiasm. In less than a month nearly £7,000 was subscribed in
+Victoria alone.
+
+But while the people were thus liberal in promoting the social freedom,
+their benevolence was drawn into another channel. A mournful visitation
+desolated the homes, and destroyed the lives of several of their fellow
+citizens. On the 6th of February, known as "black Thursday," the
+thermometer was 115 in the shade, the sun, obscured by murky mists,
+looked like a globe of blood, the air was loaded with smoke and ashes,
+and as the night closed in, columns of fire were seen every where in the
+distance. The uninclosed country was sweept by the resistless element.
+Sometimes swifter than the fleetest horse, it overtook the traveller who
+could preserve his life only by facing round and dashing through its
+least impervious range. The parched leaves of the forest kindled at the
+first glance of the flame. Sheep and cattle fell dead--farms and stock
+yards were destroyed in a few minutes. In many instances the blaze
+encircled the unfortunate before the danger was perceived. A strong hot
+wind bore along ashes, and carried them far over the ocean, where
+falling on the decks of vessels fifty miles from land, the passengers
+were terrified with vague apprehension, or thought that the end of the
+world was come. The effects of this devastation were in some places
+appalling. The Barrabool Hills, near Geelong, a district of romantic
+beauty celebrated for its vines, and occupied by small holders, were
+covered with blackened ruins. The whole family of Mr. M Leland, a
+settler near Melbourne, perished. The fire suddenly seized his dwelling
+and intercepted his escape. His wife and five children dropt one by one:
+he endeavoured to save his little boy, but he was suffocated in his
+arms; the unhappy parent was himself discovered a few hours after, by a
+shepherd, in a creek, where he had found refuge from his dread pursuer.
+
+The mayor and corporation of Melbourne, then the only representative
+body in the province, presented the Tasmanian delegates with an address,
+and entertained them with splendid hospitality. A banner, bought by
+general subscription, was committed to their charge as a present to the
+colonists of Tasmania. The ladies of Victoria graced the ceremony of
+presentation. In giving this beautiful emblem of Australian re-union,
+"Gentlemen," said the mayor, "I pray you to receive it in the name of
+the people of Port Phillip, and may it remain nailed to the mast until
+these colonies are emancipated from convictism." "We accept it, with
+gratitude," they replied,--"May the flag which adorns it ever float
+above it in mild sovereignty: the noble nation from which we sprung will
+applaud and assist us. Such are our hopes; but whether they are doomed
+to disappointment or not, we shall discharge our duty as subjects, and
+then commit our cause to the righteous judgment of God. May He watch
+over our proceedings; may He permit us to add another to those bloodless
+victories which teach the oppressed to confide in the armour of truth
+while they warn all men that against weapons of such heavenly temper the
+shields of the mighty are lifted in vain."
+
+By this time the people of New South Wales became warmly interested in
+the league. No time was lost. To obtain the active assistance of that
+great colony was to insure success. Messrs. Moore and Westgarth, members
+of the legislature, and Dr. Thompson, mayor of Geelong, were deputed to
+act in the metropolis for Victoria. The delegates of Tasmania returned
+home. The banner intrusted to their care was publicly delivered at a
+meeting, of which, Mr. Dry was chairman.[264] Councils were chosen for
+north and south Tasmania, and several thousand pounds were added to the
+league fund.
+
+Messrs. West and Weston were commissioned to attend the conference at
+Sydney. Joined by the delegates for Victoria, they landed in March. A
+large concourse of citizens assembled at the Royal Hotel, where an
+address, breathing encouragement and hope, was read by Mr. Charles
+Cowper, in the name of the New South Wales association. The delegates,
+invited to a public banquet in honor of their mission, were met by the
+city members, the mayor, the principal merchants, and professional
+gentlemen. The immense wool store of Messrs. Mort, decorated for the
+occasion, exhibited a striking scene of luxury and magnificence.
+Speeches, such as Britons make when their hearts are loyal and their
+wrongs are felt, promised a hearty struggle, and predicted a certain
+victory. A public meeting of the colonists assembled to recognise the
+League, and dissolve the colonial association. Dr. Lang proposed another
+covenant drawn up by himself. It recited the chief facts stated in that
+of Victoria, but added: "And if it should be necessary in the struggle
+upon which we are now deliberately entering, for the protection and
+defence of our adopted country, as well as in the vindication of our
+rights as Britons, ... to have recourse to the last remedy of the
+oppressed, we appeal to God and the world, as to whether we shall not
+have indefeasible right and eternal justice on our side. So help us
+God." A league, based on moral force, and disclaiming all weapons but
+those of persuasion and entreaty, was evidently at an end if armed
+resistance were contemplated as the final resource. The earnest
+objections of the delegates were supported by Mr. Lamb. The mercantile
+and professional classes decidedly disapproved of the substitution; but
+the strength of numbers might have carried the threatening clause had
+not Dr. Lang consented to abandon it. Never was the league in so much
+danger, it being determined by the delegates to relinquish all idea of
+confederation on any terms inconsistent with constitutional resistance.
+A proposal to join the league was carried amidst triumphant cheering. A
+council was chosen by ballot. Messrs. Charles Cowper, Robert Campbell,
+and Gilbert Wright were appointed delegates for New South Wales. The
+most impressive meeting held by the delegates, was convened in the
+congregational church of Sydney. A thousand persons, chiefly heads of
+families, and of both sexes, listened with absorbing interest to the
+appeals of clergymen, protestant and catholic, to principles familiar to
+the patriot and the christian. The venerable metropolitan, in accounting
+for his absence, recorded his conviction in terms suited to his office
+and experience, and in a strain of reproof and warning, which no
+government will venture to disregard.[265] The first conference of the
+united colonies was held in the city of Sydney and closed its labours on
+the 1st day of May, 1851. A permanent executive board and a London
+delegation, were nominated; Mr. Charles Cowper being appointed the first
+president of the Australasian League, and Mr. Gilbert Wright, secretary.
+
+The appointment of Mr. J. C. King as the delegate for Melbourne, and
+other gentlemen resident in London to act in the same capacity, was
+intended to agitate the colonial cause beneath the walls of parliament,
+and thus by multiplied agencies to weary the ministers into justice--to
+conquer their obstinacy by a perpetual coming. It was the earnest desire
+of the founders of the league to employ all possible means consistent
+with loyal and constitutional principles, that the blame of ultimate
+consequences, if adverse, might remain with the servants of the crown. A
+letter of instructions addressed to Mr. J. A. Jackson and other
+delegates by the executive board of the league and signed by the
+president, stated clearly the duties which devolved upon them. "You will
+bear in mind that yours is the work of testimony, that we do not hold
+you responsible for the result. We are discharging by you a duty we owe
+to the parent country. We wish you to state our case; to deprecate the
+evils we suffer. We wish you to depict the vast resources and unrivalled
+beauty of these colonies, and to insist on the injustice and folly of
+degrading them to the purposes of a prison. We are anxious that you
+should tell our countrymen at home, that here is a land capable of
+boundless prosperity, that our whalers fish upon our coasts, that we
+number our sheep by millions, that our wheat is famed in every market in
+the world; that there are millions of acres over which the plough may be
+driven, and where the axe is not required as pioneer. You will tell them
+that we love our native country, and rejoice in our share of her
+heritage of glory, that we offer our filial duty and manly affiance,
+but, that we offer them on this condition, that we, and our children,
+and their country, shall be _free_. This granted, every hour will
+strengthen the relations already established between us; but should the
+object of our League, so near to our hearts, fail us, should the British
+public prove deaf or indifferent, or the minister prove inexorable, your
+mission will have been discharged; and we must await, as best we may,
+the development of those providential purposes which are often most
+obscure when they are nearest the dawn. 'England has no right to cast
+out amongst other nations, or upon naked shores, either her poverty or
+her crime. This is not the way in which a great and wealthy people, a
+MOTHER OF NATIONS, ought to colonize.'"
+
+"Never has the question of transportation assumed a greater importance
+than at the present moment. The colonists are fretted by the vacillation
+of her Majesty's government, but they are anxious to know that their
+honor and happiness are compatible with their present political
+relations. The plantation of new colonies in our vicinity, the now
+constant intercourse with the American continent, the discovery of gold
+fields, large in extent and abundant in production, on the Western
+Cordilleras of New South Wales, and the thence certain rapid influx of
+population, all make the future an object of solicitude. It may be your
+happiness to contribute to the achievement of this great moral victory,
+to the removal of those intolerable burdens imposed by a despotic
+minister, and permitted by the indifference of the British Nation,--and
+thus to the establishment of a closer union between these colonies and
+the parent state."
+
+The chief reliance of the confederates, however, was on the approaching
+elections. The new constitutional act demanded a fresh appeal to the
+people. The constituencies of the Australian world were to decide its
+fate. The issue was no longer doubtful, except where the right of voting
+was conferred on few, and the influence of squatters paramount. Such
+places, were however, comparatively numerous, and a hard and earnest
+struggle was expected in the northern district of New South Wales. The
+conference of the League terminated its sittings on the 1st of May. On
+the 5th, the official corps of Victoria, the representatives and the
+delegates, left the wharf of Sydney, and amidst the cheers and
+forebodings of many quitted a political connection which had been often
+the source of angry strife. Victoria and New South Wales were now
+separate governments. The new colony, gigantic in its youth, threatened
+the supremacy of the middle district, while Moreton Bay was clamorous
+for a separate executive.
+
+But on the 6th of May a discovery was announced, which changed the
+fortunes of the Australian empire. The predictions of science were
+fulfilled. It was stated in the _Quarterly Review_, (Sept. 1850), that
+New South Wales would probably be found wonderfully rich in precious
+metals. Scarcely had the conjecture reached the colony before it was
+verified, and Mr. Hargraves, a practical miner, discovered the gold of
+Bathurst. It was felt by the former apologists of transportation that
+the policy of England must condemn its continuance not less than the
+interests of the Australias. Mr. Wentworth was the first to announce the
+altered position of the question. He reminded the electors that he was
+originally opposed to the revival or continuance of transportation,
+could it by any means be got rid of in the whole Australian group, and
+that this was no longer impossible; "that a new and unexpected era had
+dawned, which in a few years would precipitate the colony into a
+nation." He, therefore, pledged himself to join with them in any
+remonstrance intended to terminate transportation, and to prevent the
+formation of any penal settlement in the southern hemisphere.[266] This
+manifesto was adopted by the former advocates of transportation in New
+South Wales, from the loftiest even to the least. Gold fields beyond the
+dreams of oriental vision were rapidly unfolded. The relations of labor
+and capital were entirely deranged, and the future became uncertain and
+perplexing. A few employers who imagined that their personal interests
+would be considered, grew more earnest for convict labor, not thinking
+how it could be retained, or caring for the crime and misery it might
+entail. But they were few. More generous spirits sympathised with the
+general aspect of a change which promised to people a region as fair and
+fertile, and as large as Europe. The strenuous resistance of
+transportation had cleared the character of the colonists, and proved
+that their feelings harmonised with the universal and unchangeable
+convictions of mankind. The first news of this great discovery was
+accompanied by the strongest evidence of Australian loyalty to the
+common law of nations. "The success of the confederation (said the first
+journal of Europe), forms a remarkable indication of a feeling in all
+the Australian colonies of a more elevated character than they have
+hitherto obtained credit for. It becomes more than ordinarily important
+to ascertain the exact nature of that moral and social atmosphere which
+so large a number of our countrymen are probably destined to breathe
+(October '51)."
+
+On their return to Tasmania the delegates were greeted with addresses
+and public demonstrations. The settlers, with a manly consistency,
+despite the threatened scarcity of labor, adhered to their flag and
+responded with cheers to those who predicted a temporary struggle and a
+bright futurity. But the agents of the convict department endeavored to
+rekindle the last embers of jealousy and hate. To the employers they
+predicted ruin; to the houseowners, desolation and emptiness; to the
+publicans the reign of puritanism; to the emancipists the ascendancy of
+the free, to be followed by unextinguishable persecution. All the
+sentiments and epithets known in Irish polemics and Irish seditions were
+re-arranged in the convict service, and scattered with profusion. The
+League was assailed with peculiar virulence, and all its distinguished
+adherents held up to scorn as religious and immoral men, as hateful for
+their covetousness and contemptible for their poverty. Sometimes they
+were locusts, swarming everywhere; at others they were a scattered and
+miserable remnant--which the government and the convict party would
+speedily sweep away. The governor himself during a procession through
+the colony was cheered as the great champion of the pardoned, and
+placards represented that he had defeated a scheme of the settlers to
+deprive them of their votes. He entered the city in state--and while he
+passed under a triumphal arch, Mr. West, the Hobart Town delegate, was
+publicly gibbetted. But the Trades' Union, and an association of the
+Native Youth, assembled in the evening, and in the presence of many
+thousands, the well-dressed effigies of Earl Grey and the governor were
+thrown into an enormous fire.
+
+Meanwhile the league was extended to South Australia. All the members of
+the legislature, except the officials, joined in a requisition to
+receive Messrs. West and Bell as delegates from Tasmania and Victoria
+(August, '51). All denominations warmly advocated the cause. The largest
+assembly ever gathered there--and including men who had never before
+united--carried the resolution, moved by the Bishop of Adelaide, "that
+the total cessation of transportation to the Australian colonies is
+essential to their honor, happiness, and prosperity." A meeting at
+Canterbury, New Zealand, called by Mr. Godley, adopted and subscribed
+the engagement (October, '51). Thus the five colonies, answering to the
+stars of the Southern Cross, had raised that sign of hope and union.
+
+The writs for Tasmania were at length issued. The day of general
+nomination was remarkably brilliant. The principal candidates were
+attended with numerous banners and long processions. The ladies wore the
+colors of their parties, and even the children to the number of several
+hundreds, marched in the train of Mr. Dry, the popular candidate for
+Launceston. On one of their banners a passage taken from a pamphlet of
+the day was inscribed--"The last link of despotism is broken, when the
+children of the soil decree its freedom." The native youth for the first
+time bore an active share in this last attempt to secure the liberties
+of their country, and, in a public assembly, to petition for its
+success, displayed both moderation and ability--highly creditable
+considering the disadvantages under which they had labored. These
+efforts were successful. The country districts were in three cases
+disputed by the transportationists. They polled little more than a
+hundred votes, but in Hobart Town a more serious conflict was expected.
+Beside the lower class of expirees, many of the publicans and almost all
+in the service of the government were in favor of transportation, or
+compelled to support it. Mr. Young, a solicitor, after several
+candidates had offered and retired, determined on a contest with Messrs.
+Chapman and Dunn, the chairman and treasurer of the local league
+council: more than five hundred votes were polled in his interest, but
+the friends of freedom carried their candidates by a triumphant
+majority. The election at Hobart Town, accomplished in the face of every
+obstacle, demonstrated the strong and irrevocable desire of the people.
+The day of nomination was memorable in British history, the day when the
+signal of Nelson ran through the fleet--"England expects every man will
+do his duty." The speakers did not omit to apply an example so striking.
+A despatch of Sir William Denison (May, '50), recommending the grant of
+lands and other advantages to reconcile the less incorruptible advocates
+of abolition and marked "confidential," had just reached the colony,
+having been unaccountably inserted in the blue book. The moral choice of
+the people was still more strikingly manifest, when they disregarded
+such offers, whether considered as compensation or bribes, and rejected
+every advocate of transportation. Such appeals as the following were
+not heard in vain. "Now, let our signal be--'Tasmania expects every man
+to do his duty!' The first earnest of your privileges must be the utter
+extinction of slavery in this your adopted land. By your most cherished
+associations--by all that you hold most dear--by the love you bear your
+domestic hearths--by the claims and cries of your children--by the light
+of that freedom, your common inheritance, which has now for the first
+time dawned upon you, which has gilt your mountains and gladdened your
+valleys,--by the spirit of emancipation, and which at this very moment
+is beating in unison in strong pulsations through every artery of the
+island, until I can almost fancy that Nature herself heaves and
+sympathises with the universal emotion,--I call upon you, adjure you, to
+cast off every unworthy feeling, and remember only 'to do your duty'
+towards your own--your adopted land."[267]
+
+By a violent exertion the convict party were held together until the day
+of polling:--then they disappeared with noise and riot, and were seen no
+more.
+
+The reputable emancipists joined their emigrant countrymen. They held
+the balance in their hands. In the main they proved true to the
+principles which hold society together, and followed the dictates of
+parental affection. Many not actual members of the league supported its
+principles so far as they contemplated the social freedom of the
+Australian world. Thus all the preliminary steps were taken to secure
+the voice of the legislative councils, and throughout the southern
+hemisphere no representative of the people was found to stand up as the
+advocate of transportation. The proper moment for confederation had been
+found. A few months before it was unthought of--a few months after it
+would have been impracticable. The speech of Earl Grey, was intended to
+extinguish finally all hope of freedom, but struck out a spark and
+kindled a flame which none can quench.
+
+The representatives were true. The council of New South Wales, the
+earliest to assemble, struck the first blow for Australasian liberty.
+They voted, not for the deliverance of their own colony only, but for
+the rescue of Van Diemen's Land. Mr. Lamb proposed resolutions charging
+Earl Grey with perfidy--Mr. King sought the same object in a milder
+form, and in November the whole house concurred in condemning
+transportation. The Victorian legislature, on the motion of Mr.
+Westgarth, adopted a similar protest, though in stronger terms.
+Supported by the law officers of the crown, the resolutions passed with
+perfect unanimity (Dec.), and they were promptly forwarded by Governor
+Latrobe, who expressed the warmest interest in their success. Thousands
+of expirees and absconders, allured by the prospect of sudden riches,
+descended upon that province and filled the inhabitants with
+astonishment. Hundreds who arrived in Van Diemen's Land in bondage, and
+many who quitted it without leave, became by a few days spoil, masters
+of from one hundred to a thousand pounds.
+
+On the 16th December (1851), a series of resolutions were passed by the
+legislature of South Australia on the motion of Mr. Hall. Thus, three
+colonies, by a unanimous vote, pronounced the doom of transportation.
+Their governors were silent or approving. All, whether servants of the
+crown, or representatives of the people, united in one voice. Tasmania
+was the last to obtain the constitutional organization. On the 30th of
+December the governor met the men of the people, and found not one to
+sustain the policy of transportation. Mr. Dry, the first country born
+legislator, was unanimously elected to the speakership. The address
+presented to Sir Wm. Denison expressed deep regret that he had not
+considered it necessary to notice the all important subject of
+transportation, the violation of a pledge--broken by the ministers of
+the crown, or had been able to announce that his own earnest
+representations had concurred with the unanimous desire of the Tasmanian
+constituencies. This complaint he received in silence. On the 14th of
+January, the subject was brought before the house by Mr. Sharland, who
+moved twelve resolutions. They recorded the violated pledge of Earl
+Grey, the protests of the colony against transportation; they professed
+the warmest loyalty to the throne, and attachment to Great Britain, and
+they pronounced the unchangeable opposition of the house to
+transportation. The discovery of gold was stated as calculated to induce
+her Majesty's ministers to comply with the petitions of the people; "but
+if it should unhappily be otherwise" said the faithful representatives
+of Van Diemen's Land, "it is our duty as colonists, and as British
+subjects, to exert to the utmost all the power with which this council
+is invested, to oppose, and if possible to defeat, every measure that
+may be suggested or attempted for the introduction of criminals into
+this country, at any time, or under any circumstances."
+
+For this resolution none but representatives of the people voted;
+against it, none but the nominees of the crown.
+
+The triumph of this cause was the work of many and the labour of years.
+Thousands of articles often distinguished for ability, appeared in the
+colonial papers, and thus ripened the public mind to vigorous action.
+Many who have toiled survive to participate in the gladness of success:
+others have passed to the grave; among these the names of Archer and
+Oakden will recur to colonial remembrance, A future generation will best
+appreciate the value of that noble stand made against the allurements of
+real or imaginary gain, and the children of Tasmania will delight to
+inscribe the patriot's name in the record of their country's redemption.
+
+But the impartiality of history demands a confession, less favorable to
+the colonists at large, and which must arrest a deliberate and absolute
+judgment against the ministers of the crown. The voice of employers too
+long favored transportation, and their temporary interests were
+preferred to their ultimate welfare. The press visited the friends of
+social freedom with sarcasm and contempt, and described them as purists
+and fanatics. Until the last ten years the colonial will has been
+neither steady nor distinct. Emigration and time have wrought a change
+in the prevailing feeling. Nor should it be forgotten that the first
+colonies of this hemisphere were planted for the punishment of crime and
+the reform of criminals--that those who came to share their fortunes,
+necessarily inherited their dishonor, and that we require the
+abandonment of a policy once thought profoundly wise, and which was
+scarcely questioned for more than three score years.
+
+The opposition of Sir William Denison to the colonial will on this
+subject, his injustice to the judges, and his sarcastic delineations of
+colonial character, have narrowed the circle of his friends. In future
+times an opinion more favorable to his reputation may be expected to
+prevail. It will then be remembered that he promoted the advancement of
+science, fostered liberal education, increased the facilities of
+commerce, abated the practical evils of the convict department,
+advocated the principles of legislative freedom, and, by a respectable
+private character, sustained the moral dignity of government. But even
+then it will not be forgotten, that in perpetuating the convict curse,
+he adopted any argument, however false, and tolerated any ally, however
+abject.
+
+FOOTNOTES:
+
+[Footnote 261: If this question had _been_ brought forward in a large
+and comprehensive view before the Federal Assembly of the Australian
+colonies, which is soon to be called into being, I admit that the
+decision arrived at might have had some effect on the home government; I
+think, even now, the wisest and safest course would be to postpone its
+further discussion, and remit the whole matter to that body. Then, if
+they were all as sincerely opposed as I am to transportation in any
+shape, they might come to a conclusion, that convicts should come to
+none of these colonies; and to such a decision the minister might
+succumb. It is to such an assembly as this that a question of this
+magnitude ought to be remitted, as it is a question on which all the
+colonies are alike concerned. If South Australia, Van Diemen's Land, and
+Port Phillip, all agreed with New South Wales, in one common
+determination not to receive convicts in any shape, there would be some
+hope that they might accomplish their end.]
+
+[Footnote 262:
+
+     THE AUSTRALASIAN LEAGUE.
+
+     _The League and Solemn Engagement of the Australian Colonies,
+     declared by the Delegate_ in _the Conference held at Melbourne,
+     February_, 1851.
+
+     WHEREAS, in 1840, by an Order in Council, the practice of
+     transporting convicts to New South Wales was abandoned by the
+     Crown, and, whereas, by divers promises the government of Great
+     Britain engaged not to send convicts from the United Kingdom to New
+     South Wales, New Zealand, Victoria, or King George's Sound. And,
+     whereas, by an Act of the British Parliament, transportation to
+     South Australia was positively prohibited. And, whereas,
+     Lieutenant-Governor Denison, in 1847, declared to the colonists of
+     Van Diemen's Land her Majesty's most gracious purpose, that
+     transportation to that island should be discontinued. And, whereas,
+     the colony of Van Diemen's Land has been deeply injured by the
+     pouring in of enormous masses of transported offenders. And,
+     whereas, divers and repeated attempts have been made to depart from
+     the letter and spirit of these promises. And, whereas, the avowed
+     object of her Majesty's Secretary of State is to transfuse the
+     convicts disembarked in Van Diemen's Land through the Australasian
+     Colonies, and thus to evade the spirit of the promises and Act of
+     Parliament so made. And, whereas, large tracts of land have been
+     purchased by the colonists from the crown; many millions of capital
+     invested in improvements; and many thousands of her Majesty's
+     subjects have settled in Australasia on the pledged faith of the
+     Crown not to disturb their social welfare by the importation of
+     crime. And, whereas, the native Australasians are entitled to all
+     the rights and privileges of British subjects, and to the sympathy
+     and protection of the British nation. And, whereas, many and varied
+     efforts have been made to induce her Majesty's ministers and the
+     British Parliament to terminate the practice of transportation to
+     these colonies, but without success. Now, THEREFORE, the Delegates
+     of these Colonies, in conference assembled, do declare their League
+     and Solemn Engagement, to the effect following:--
+
+     1st. That they engage not to employ any person hereafter arriving
+     under sentence of transportation for crime committed in Europe.
+
+     2d. That they will use all the powers they possess--official,
+     electoral, and legislative, to prevent the establishment of English
+     prisons, or penal settlements, within their bounds; that they will
+     refuse assent to any projects to facilitate the administration of
+     such penal systems, and that they will seek the repeal of all
+     regulations, and the removal of all establishments for such
+     purposes.
+
+     And lastly, That they solemnly engage with each other to support by
+     their advice, their money, and their countenance, all who may
+     suffer in the lawful promotion of this cause.]
+
+[Footnote 263: William Westgarth, William Kerr, William Nicholson,
+Dalmahoy Campbell, William Stawell, George Annand, William Bell, J.
+Stewart Johnstone, and John Hood, Esqrs.]
+
+[Footnote 264: The _Raven_, Capt. Bell, was the first vessel that
+carried the league flag, now floating over every sea.]
+
+[Footnote 265: "My anxiety now is, to reiterate and give permanency to
+the assurance, that my determination originated not in any feeling of
+insensibility, or indifference, towards the noble object in which you
+are engaged. No man, who feels as he ought to do for the country in
+which not only himself but his children and grandchildren are
+established, (which is my case), but must, from his heart, desire and
+pray for the success of your endeavours. As having once held the
+spiritual charge over all the colonies to which your league extends,
+and, in a certain sense, continuing still to do so, I hope my feelings
+towards them are such as become that relation; and my persuasion is,
+that to extend, or resume, or continue the practice of transportation to
+any one of them, must be injurious to all.... A perseverance in this
+policy would tend more than almost any other cause that could be
+mentioned, to weaken the respect which is now so generally entertained
+for the name of England. It cannot be supported if England cause herself
+to be regarded as the author of a continual wrong; and if respect be
+forfeited, the principal tie of love and obedience will be severed. It
+is impossible to believe that any British statesman will be found, who,
+upon the ground of policy, and, still less, upon a principle of justice,
+will recommend the continuance of the practice against which you are
+united in petitioning."--_Letter of the Lord Bishop to Charles Cowper,
+Esq., and Charles Kemp, Esq._]
+
+[Footnote 266: Address to electors, July, 1851.]
+
+[Footnote 267: Mr. MacDowell's speech.]
+
+
+
+
+HISTORY OF TASMANIA.
+
+
+       *     *     *     *     *
+
+
+ZOOLOGY.
+
+
+
+
+ZOOLOGY.
+
+
+SECTION I.--MAMMALIA.
+
+The most perfect list of the mammals of Australia which has yet appeared
+is in the appendix to Capt. Gray's _Travels in North-west and Western
+Australia_, compiled by J. E. Gray, Esq., of the British Museum. Since
+its publication (1841) a few additional species have been added to the
+fauna of Tasmania, and a few of the smaller animals, probably, remain
+still to be described; but they will not materially affect the following
+list, which is compiled from the table by Mr. Gray, and a subsequent
+_History of the Marsupiata_, by G. R. Waterhouse (1846):--
+
+-------------+---------------------+------------+-----------+-----------+
+ORDERS.      |  GENERA.            | Total No.  | Peculiar  | Common to |
+             |                     | of Species | to        | Australia |
+             |                     | in         | Tasmania. | and       |
+             |                     | Tasmania.  |           | Tasmania. |
+-------------+---------------------+------------+-----------+-----------+
+CHEIROPTERA  | Nyctophilus         |     1      |    --     |     1     |
+             | Scotophilus         |     2      |    --     |     2     |
+             |                     |            |           |           |
+MARSUPIALIA  | Thylacinus          |     1      |     1     |    --     |
+             | Dasyurus            |     3      |     2     |     1     |
+             | _includes Diabolus_ |            |           |           |
+             | Phascogale          |     3      |     3     |    --     |
+             |  _includes          |            |           |           |
+             |  Antechinus_        |            |           |           |
+             | Perameles           |     2      |     1     |     1     |
+             | Phalangista         |     3      |     1     |     2     |
+             |  _includes Hepoona_ |            |           |           |
+             | Phascolomys         |     1      |    --     |     1     |
+             | Hypsiprymnus        |     2      |     1     |     1     |
+             |  _includes          |            |           |           |
+             |  Bettongia_         |            |           |           |
+             | Macropus            |     3      |     1     |     2     |
+             |  _includes          |            |           |           |
+             |  Halmaturus_        |            |           |           |
+             |                     |            |           |           |
+RODENTIA     | Hydromys            |     1      |    --     |     1     |
+             | Mus                 |     2      |     1     |     1     |
+             |                     |            |           |           |
+EDENTATA, or | Ornithorhynchus     |     1      |    --     |     1     |
+MONOTREMATA  | Echidna             |     1      |     1     |    --     |
+             |                     |------------+-----------+-----------+
+             |                     |    26      |    12     |    14     |
+-------------+---------------------+------------+-----------+-----------+
+
+This makes a total of twenty-six mammals inhabiting Tasmania, exclusive
+of the _Seals_ and _Cetacea_, with which our acquaintance is still very
+imperfect.
+
+From the above list it will be perceived, with the exception of the
+three bats, two mice, and one water-rat, that all our mammals are either
+Marsupial (pouched) or Monotrematous (a closely-allied form, to which
+belong the platypus and porcupine of the colonists). Orders found in
+other countries, such as the _Pachydermata_ and _Ruminantia_, are in
+Tasmania wholly wanting, as they are also throughout the extensive
+continent of Australia.
+
+It is also remarkable that twelve out of the twenty-six animals are
+peculiar to this small island, and have not yet been detected elsewhere.
+Amongst those thus limited in their geographical range are the tiger and
+devil of the colonists, the two largest indigenous Australian
+carnivorous quadrupeds.
+
+Australia is the great metropolis of the marsupial animals. Certain
+species of the group are found in North and South America, and in New
+Guinea, the Moluccas, and adjacent islands, but the numbers seem limited
+as compared with the other indigenous quadrupeds of those countries.
+Professor Owen observes:--"That the marsupialia form one great natural
+group is now generally admitted by zoologists. The representatives in
+that group of many of the orders of the more extensive placental
+sub-class of the mammalia of the larger continents have also been
+recognised in the existing genera and species:--the Dasyures, for
+example, play the parts of the _Carnivora_, the Bandicoots of the
+_Insectivora_, the Phalangers of the _Quadrumana_, the Wombat of the
+_Rodentia,_ and the Kangaroos, in a remoter degree, that of the
+_Ruminantia_."[268]
+
+The Tiger or Hyæna of the colonists (_Thylacinus cynocephalus_, Harris)
+is a very powerful animal, about the size of a large dog, with short
+legs. It is of a tawny or brownish yellow color, with numerous black
+bands arranged transversely along the back, from the shoulders to the
+tail; hence the erroneous names tiger and hyæna, given to it by the
+early settlers. The muzzle is rather elongated, the ears short and
+erect, and the pupils elliptical, corresponding with its leaping,
+predaceous habits; if it had the characteristic brush instead of a long
+taper tail, its figure would bear a considerable resemblance to that of
+the fox. The female is much smaller, but more active and supple in its
+movements than the male. They prey upon kangaroos, opossums, bandicoots,
+and other native animals; hunting by night, their exquisite sense of
+smell enables them to steal cautiously upon these defenceless animals,
+in the thick covers of the low grassy flats and scrubs, or to run them
+down on the more open hill and forest land. They are not very fleet, but
+follow the track with untiring perseverance, occasionally uttering a
+kind of low smothered bark. They never hunt in packs, but a male and
+female, or a bitch, with two or three half-grown pups, have occasionally
+been seen together, in pursuit of game.
+
+The Thylacine kills sheep, but usually confines its attack to one at a
+time, and is therefore by no means so destructive to a flock as the
+domestic dog become wild, or as the Dingo of Australia, which both
+commit vast havoc in a single night. High rewards have always, however,
+been given by sheep-owners for their destruction; and, as every
+available spot of land is now occupied, it is probable that in a very
+few years this animal, so highly interesting to the zoologist, will
+become extinct; it is now extremely rare, even in the wildest and least
+frequented parts of the island. A male and female were sent to the
+Zoological Society of London during the present year (1850), and were
+the first that ever reached Europe alive.
+
+The Devil (_Dasyurus ursinus_, Geoff.), about the size of a bull
+terrier, is an exceedingly fierce and disgusting looking animal, of a
+black color, usually having one white band across the chest, and another
+across the back, near the tail. It is a perfect glutton, and most
+indiscriminate in its feeding; nothing comes amiss to it; it lives
+chiefly upon carrion, the smaller native animals, and occasionally
+attacks sheep, principally, however, lambs and the weakly or diseased;
+even one of its own kind, caught in a snare, is attacked and devoured
+without mercy. They are very numerous in some localities, and from their
+smaller size will probably longer survive the war of extermination
+carried on against them.
+
+The other two species of _Dasyurus_, viz., the Tiger cat (_Dasyurus
+maculatus_, Shaw) and Native cat (_Dasyurus viverrinus_, Shaw), are
+similar in their habits to the pole-cat and marten of England, from
+which they do not differ materially in size, and prove equally
+destructive to the poultry yard. The Native cat varies a good deal in
+color, many being black with white spots; but the usual and prevailing
+color is a greyish tan or yellow, with white spots; and from these mere
+varieties some naturalists have constituted two species. Great numbers
+of Native cats are killed in some localities for the sake of their
+skins, which are formed into rugs by the shepherds.
+
+The Phascogales are small insectivorous animals, found on the mountains
+and in the dense forest parts of the island, and little is known of
+their habits.
+
+The two species of Bandicoot (_Perameles obesula_, Shaw, and _P.
+Gunnii_, Gray), are very common throughout the colony, living upon
+insects and roots.
+
+The Opossums usually abound where grass is to be found, lodging by day
+in the holes and hollows of trees. The most common species is the
+_Phalangista vulpina_ (Shaw), under which is placed both the black and
+grey opossums. These animals are much sought after by the servants on
+most farms for the sake of feeding their dogs with the flesh, and
+forming the skins into rugs; an opossum (or kangaroo) skin rug being the
+principal bedding of all the shepherds, stock-keepers, and laborers in
+the more remote parts of the colony. When travelling from one station to
+another, and sleeping in the open air, these men always carry a rug with
+them; and wrapped in this, with his feet to the fire, the bushman sleeps
+on the ground warm and comfortable, even in the coldest nights, with no
+other shelter save a log or a few boughs to windward; and this was
+generally all the shelter used by the aborigines. The fur on the
+opossums in the mountains and cooler parts of the island is thicker and
+better adapted for rugs than on those obtained from the sea coast or the
+warmer settled districts. The Ringtail opossum (_Phalangista_ or
+_Hepoona Cookii_, Desm.) is smaller, less common, and less sought after,
+for dogs will not eat the flesh of the Ringtail even when roasted.
+
+The Flying squirrel, or opossum of Port Phillip (_Petaurus sciureus_,
+Desm.), was introduced from that colony between the years 1834 and 1839:
+many of those so introduced escaped from confinement, and from the
+numbers which have been killed around Launceston since that period they
+have evidently increased and established themselves amongst the denizens
+of our woods. No species, however, of flying opossum is indigenous to
+Tasmania.
+
+The Wombat, more commonly called in the colony Badger (_Phascolomys
+wombat_, Peron.), is an animal weighing forty to eighty pounds, having a
+large body, with short legs. Notwithstanding its burrowing habits, and
+the excessive thickness and toughness of its skin, it is usually so
+easily killed, that it is becoming less and less common.
+
+The Kangaroo rats (_Hypsiprymnus cuniculus_, Ogilby, and _H. murinus_,
+Ill.) are small animals, like kangaroos in their form and mode of
+progression, but require few remarks, as they are not killed either for
+food or their skins. They are not numerous anywhere. Dogs will not
+usually eat them.
+
+Our best known animals, however, are the Kangaroos, of which we have
+three species, distinguished by the names of Forester, Brush, and
+Wallaby.
+
+The Forester (_Macropus major_, Shaw), the male being known by the name
+of "boomer," and the young female by that of "flying doe," is the
+largest and only truly gregarious species,--now nearly extinct in all
+the settled or occupied districts of the island, and rare everywhere.
+This species afforded the greatest sport and the best food to the early
+settlers, an individual weighing 100 to 140 pounds. It is much to be
+regretted that this noble animal is likely so soon to be exterminated.
+It was usually hunted by large powerful dogs, somewhat similar to the
+Scotch deer hounds; and when closely pressed had the remarkable
+peculiarity of always taking to the water where practicable. A modern
+kangaroo hunt has been thus graphically described by the Honorable Henry
+Elliot, in Gould's splendid work on the Macropodidæ:--
+
+"I have much pleasure in telling you all I know of the kangaroo-hunting
+in Van Diemen's Land. The hounds are kept by Mr. Gregson, and have been
+bred by him from fox-hounds imported from England; and though not so
+fast as most hounds here now are, they are quite as fast as it is
+possible to ride to in that country. The 'boomer' is the only kangaroo
+which shows good sport, for the strongest 'brush' kangaroo cannot live
+above twenty minutes before the hounds; but as the two kinds are always
+found in perfectly different situations we never were at a loss to find
+a 'boomer,' and I must say that they seldom failed to show us good
+sport. We generally 'found' in a high cover of young wattles, but
+sometimes we 'found' in the open forest, and then it was really pretty
+to see the style in which a good kangaroo would go away. I recollect one
+day in particular, when a very fine 'boomer' jumped up in the very
+middle of the hounds, in the 'open:' he at first took a few high jumps
+with his head up, looking about him to see on which side the coast was
+clearest, and then, without a moment's hesitation, he stooped forward
+and shot away from the hounds, apparently without an effort, and gave us
+the longest run I ever saw after a kangaroo. He ran fourteen miles by
+the map from point to point, and if he had had fair play I have very
+little doubt but that he would then have beat us; but he had taken along
+a tongue of land which ran into the sea, so that, on being pressed, he
+was forced to try to swim across the arm of the sea, which, at the place
+where he took the water, cannot have been less than two miles broad; in
+spite of a fresh breeze and a head sea against him, he got fully
+half-way over, but he could not make head against the waves any further,
+and was obliged to turn back, when, being quite exhausted, he was soon
+killed.
+
+"The distance he ran, taking in the different bends in the line, cannot
+have been less than eighteen miles, and he certainly swam more than two.
+I can give no idea of the length of time it took him to run this
+distance, but it took us something more than two hours; and it was
+evident, from the way in which the hounds were running, that he was a
+long way before us; and it was also plain that he was still fresh, as,
+quite at the end of the run, he went over the top of a very high hill,
+which a tired kangaroo never will attempt to do, as dogs gain so much on
+them in going up hill. His hind quarters weighed within a pound or two
+of seventy pounds, which is large for the Van Diemen's Land kangaroo,
+though I have seen larger.
+
+"We did not measure the length of the hop of this kangaroo; but on
+another occasion, when the 'boomer' had taken along the beach, and left
+his prints in the sand, the length of each jump was found to be just
+fifteen feet, and as regular as if they had been stepped by a sergeant.
+When a 'boomer' is pressed, he is very apt to take the water, and then
+it requires several good dogs to kill him, for he stands waiting for
+them, and as soon as they swim up to the attack, he takes hold of them
+with his fore feet, and holds them under water. The buck is altogether
+very bold, and will generally make a stout resistance; for if he cannot
+get to the water, he will place his back against a tree, so that he
+cannot be attacked from behind, and then the best dog will find in him a
+formidable antagonist.
+
+"The doe, on the contrary, is a very timid creature, and I have even
+seen one die of fear. It was in a place where we wished to preserve
+them, and as soon as we found that we were running a doe we stopped the
+hounds, just at the moment they were running into her. She had not
+received the slightest injury, but she lay down and died in about ten
+minutes. When a doe is beat she generally makes several sharp doubles,
+and then gets among the branches or close to the trunk of a fallen
+tree, and remains so perfectly still that she will allow you almost to
+ride over her without moving, and in this way she often escapes.
+
+"A tolerably good kangaroo will generally give a run of from six to ten
+miles; but in general they do not run that distance in a straight line,
+but make one large ring back to the place where they were found, though
+the larger ones often go straight away."
+
+The Brush kangaroo (_Macropus [Halmaturus] Bennettii_, Waterh.) is
+universally distributed over Tasmania, and in some localities was
+formerly very numerous indeed, but the war of extermination constantly
+waged at all seasons against this species, for the sake of its skin,
+has, in many places, entirely destroyed it, and rendered it scarce
+everywhere. Many thousands of skins have been annually exported from
+Launceston alone, and nearly all the leather used in the colony for
+ladies' and gentlemen's boots and shoes is made from the skin of the
+brush kangaroo, which is thicker and better than that of the larger
+species.
+
+The Wallaby (_Macropus [Halmaturus] Billardieri_, Desm.) is the smallest
+species of kangaroo, and inhabits thickets; and although described by
+Mr. Gould as being gregarious, is never seen in flocks, as is the
+forester kangaroo.
+
+All the different species of kangaroo are admirable food, and are now in
+much request by the residents in the towns as a delicacy, having in soup
+a flavor somewhat similar to that of hare. No others of the indigenous
+quadrupeds are usually used for food, although occasionally bushmen eat
+the wombat and echidna, and, more rarely, the bandicoots and kangaroo
+rats.
+
+The Platypus (_Ornithorhynchus anatinus_, Shaw) has for many years been
+so great a subject of interest to the zoological world that little is
+left to detail. It is still not uncommon in the pools and small streams
+on the table land of the western mountains; at the source of the river
+Derwent, Lake St. Clair; and in most of the rivers and streams in the
+more remote parts. Those who feel any interest in the peculiar structure
+of this very remarkable animal, and its congener the Porcupine (_Echidna
+setosa_, Cuv.), can find full details in Professor Owen's very elaborate
+and admirable paper, in the _Cyclopædia of Anatomy and Physiology_, on
+the _Monotremata_.[269]
+
+Nearly all the Tasmanian quadrupeds are nocturnal in their habits, or,
+when not strictly so, feed principally during the morning and evening
+twilight: and as few of our mountains exceed four or five thousand feet
+of elevation above the sea level, most of the animals are distributed
+over the whole island, being merely influenced in their range by the
+greater or less abundance of food.
+
+All the larger species of indigenous mammals will rapidly diminish under
+the united efforts of Europeans and their attendant dogs. No species is
+protected, and no species spared. As the _Marsupialia_ are not prolific,
+the extinction of several species may soon be anticipated, from the
+circumstance that the unsettled parts of the island, to which they have
+been driven, are comparatively destitute of grass, and unfit for the
+support of graminivorous animals.
+
+It may here be observed that the Dingo of New Holland never inhabited
+Van Diemen's Land; and although wild dogs were at one time troublesome
+in a few districts, yet they were merely the domestic dogs become wild
+(many having from time to time been abandoned by their masters--aborigines
+and convicts), and were soon destroyed. European rats and mice are now
+common all over the island: the domestic cat, also, has in many localities
+become wild, and proves very destructive to quails, and those birds which
+are much on the ground.
+
+
+SECTION II.--BIRDS.
+
+Unlike the mammals, there is nothing in the general aspect of the birds
+of Tasmania to distinguish them from those of other countries; there
+are, however, some peculiar forms, but they are not of such a nature as
+to strike the eye. Many of the birds of Europe are represented here, as
+the hawks, owls, swallows, snipe, ducks, &c., and not a few have
+received English names, from the real or fancied resemblance which they
+bear to their British prototypes, as the magpies, wrens, robins, &c.
+
+Mr. John Gould, in his splendid and elaborate work, _The Birds of
+Australia_, has so completely illustrated and described the birds of
+Australia, including those of Tasmania, that little remains to be done
+by those who follow him. Whether we look at this magnificent work for
+its beauty, or its accuracy, we cannot help feeling rejoiced that so
+interesting a portion of the natural history of Tasmania should have
+been so ably illustrated. According to Mr. Gould's work, Tasmania
+possesses 170 species,[270] of which only a few, so far as at present
+known, are _peculiar_ to it, that is, have not yet been found in any
+other part of Australia. In the 170 are included some occasional and
+rare visitants to our shores, but several others will, no doubt, have
+hereafter to be added; this is, however, a close enough approximation
+for all ordinary purposes.
+
+The 170 birds may be divided into the following orders and genera:--
+
+ORDERS.                  No. of             No. of
+                         Genera.            Species.
+
+RAPTORS                   11                  13
+INSESSORES                46                  62
+RASORES                    4                   6
+GRALLATORES               20                  30
+NATATORES                 29                  59
+                         110                 170
+
+From the above table the ornithologist will form an idea of the
+character of our birds; but it will be well to proceed a little more
+into detail.
+
+Among the thirteen raptorial birds the eagle (_Aquila audax_, Lath.)
+takes the foremost place. It is about the size of the golden eagle of
+Europe; and being destructive to young lambs in some localities, a
+constant war is waged against it by the shepherds, and it is becoming
+rapidly scarce.
+
+The beautiful white hawk (_Astur Novæ Hollandiæ_, Cuv.), erroneously
+called an albino by Mr. Gould, once very abundant, is now becoming rare,
+having been nearly extirpated for the sake of its skin by the zeal of
+bird collectors. The other raptorial birds possess little to distinguish
+them from those of other countries.
+
+Many of the genera of the perchers are peculiar to Australia; and the
+brush-like tongues of many species, formed for extracting the honey
+from flowers, have been classed amongst the Australian anomalies. The
+parrot tribe is the most attractive to strangers, and eleven species,
+belonging to not less than eight genera, are found in Tasmania. The
+green and rose-hill parrots (_Platycercus flaviventris_, Temm., and _P.
+eximius_, Shaw) occur in immense flocks in some places, and prove very
+destructive to the ripe grain in the fields, as also injuring the roofs
+of corn stacks in the barn yards. The white cockatoos (_Cacatua
+galerita_, Lath.) were at one time to be seen in immense flocks, but are
+now becoming scarce. Many of the parrots have beautiful plumage, and the
+white cockatoo and rose-hill parrot have occasionally been taught to
+speak.
+
+Two pigeons and four species of quail are all the rasorial birds in the
+island; the true gallinaceous birds being wholly wanting.
+
+Of the thirty species of grallatores the most remarkable is the emu.
+Very few individuals can now exist in the island, and it is to be feared
+that its total extinction will be effected ere it can be ascertained
+whether the Tasmanian bird is identical with that of New Holland. Tame
+emus are common in the colony, but the original stock of most of those
+now domesticated was introduced from Port Phillip.
+
+The fifty-nine species of swimming birds include many sea birds which
+inhabit the Antarctic, Southern Indian, and South Pacific Oceans. That
+"_rara avis_," the black swan, once so common that rivers, bays, points,
+&c., received their names, but a few years ago, from its abundance, is
+now becoming truly a _rara avis_ in the settled parts of the island,
+having been driven from its old haunts by that great intruder, the white
+man. Ducks are numerous, of many species, and form admirable articles of
+food. The sooty petrel (_Puffinus brevicaudus_, Brandt.), or mutton
+bird, occurs in immense flocks in Bass' Strait. Captain Flinders, in his
+_Voyage to Terra Australis_,[271] says that when near the north-west
+extremity of Van Diemen's Land he saw a stream of sooty petrels from
+fifty to eighty yards in depth, and of three hundred yards or more in
+breadth. The birds were not scattered, but flying as compactly as a free
+movement of their wings seemed to allow; and during a full _hour and
+a-half_ this stream of petrels continued to pass without interruption,
+at a rate little inferior to the swiftness of the pigeon. On the lowest
+computation he thought the number could not have been less than a
+hundred millions. This bird burrows in the ground, forming what are
+called by the sealers in the Straits, _rookeries_; and a considerable
+trade was at one time carried on in their feathers, eggs, and salted
+bodies.[272]
+
+With the exception of the pretty but gaudy parrot tribe, our most
+beautiful birds may be said to be the wren (_Malurus longicaudus_,
+Gould), the grosbeak (_Estrelda bella_, Lath.), the king-fisher
+(_Alcyone Diemenensis_, Gould), the diamond birds (_Pardalotus_
+species), and the satin fly-catcher (_Myiagra nitida_, Gould). None of
+the birds equal the songsters of Europe, although many have sweet notes,
+and some are musical, as the magpie (_Gymnorhina organicum_, Gould),
+that lively bird whose cheerful notes delight the ear of every traveller
+at early dawn in the settled districts of Tasmania, to which it is
+restricted.
+
+The distribution of the birds of Tasmania is very partial, differing in
+this respect remarkably from that of the animals. The supply of the
+peculiar food suitable to particular genera and species necessarily
+affects their range, and as one half of the island is still covered by
+the dense primæval forests, so in that portion few of the birds
+inhabiting the settled districts are to be found. Several of them follow
+the footsteps of man, and as his clearings take place in the remote
+wilds, and corn-fields spring into existence, so many grain-eating birds
+make their appearance. This is entirely irrespective of the regular
+annual migrations of numerous species from New Holland to Tasmania,
+which, in this respect, follow the same law which governs the migrations
+of species inhabiting similar latitudes in the other hemisphere. The
+snipe and swallows usually arrive in Van Diemen's Land during the first
+week in September; and during that month most of those birds which
+migrate for the purpose of breeding also make their appearance. In
+April, or soon after, the various summer visitants take their departure
+northwards. Mr. Gould observes:--"There are also periods when some
+species of birds appear entirely to forsake the part of the country in
+which they have been accustomed to dwell, and to betake themselves to
+some distant locality, where they remain for five or ten years, or even
+for a longer period, and whence they as suddenly disappear as they had
+arrived."
+
+The only birds shot as game in the colony are quail and snipe. Quail
+shooting commences on 1st April, and snipe shooting about 1st September.
+
+
+SECTION III.--FISHES.
+
+Sir John Richardson has described many species of Tasmanian fish in the
+_Transactions of the Zoological Society_, and, more recently, some
+additional species in the _Zoology of H. M. S. Erebus and Terror_. To
+these works we must refer for scientific details, but many are still
+undescribed, and of the habits of our fish in general but little is
+known. Every season new species are brought to market at Hobart Town and
+Launceston, and no doubt many more species yet remain to reward the
+zealous fisherman who will explore the various banks off our coasts. The
+depth of water throughout the whole of Bass' Strait, and between the
+numerous islands which dot its eastern and western extremities, ranges
+between twenty and fifty fathoms only, the latter being the greatest
+depth. In such localities, and more especially amongst the islands,
+where numerous currents occur, fish may be expected to abound; but as
+yet no attempt has been made to extend the fishing beyond the shallow
+smooth water at the mouths of our rivers and estuaries.
+
+Not only are many of the Tasmanian fish admirable as articles of food,
+but there is every reason to believe that they might be caught in
+sufficient numbers to form a valuable export to those countries where
+salt fish is esteemed. The best for this purpose would be that commonly
+known as the "king-fish" (a species of _alepisaurus_), about the size of
+a cod, the _habitat_ of which is still unknown, but which comes
+regularly every season, during the months of May to July, into the
+shallow waters along the coasts, to spawn. It most probably permanently
+inhabits some of the banks in Bass' Strait.
+
+The species considered finest for the table is one called the Trumpeter,
+found commonly in the estuary of the Derwent and Storm Bay, but which is
+rarely caught on the northern coast. Flounders, gar-fish, gurnett
+(_Sebastes maculatus_), and several other species of sea-fish, a bare
+list of which would convey little information, are frequently and
+usually brought to market.
+
+The rivers of Tasmania are not so well supplied with fish as those of
+many other countries. The largest, except an eel, is one called the
+black-fish, which, in some of the rivers which discharge themselves into
+the sea on the north coast, attains a weight of six to eight pounds.
+This fish, it is said, does not exist in the river Derwent, or in any of
+its numerous tributaries. The mullet (or fresh water herring) is a fine,
+well-flavored fish, weighing usually about five ounces, and is the only
+one affording sport to the angler. These, with a species of trout, two
+lampreys, and, perhaps, two or three very small species not usually
+noticed, complete the list of those which inhabit our streams and lakes.
+
+The colonists are now anxious to introduce the Salmon into the Tasmanian
+rivers, for which they seem admirably adapted. Hitherto the attempts
+have been made from Scotland, and failed; but it is supposed that the
+west coast of North America would afford a more favorable and accessible
+station from which to introduce the salmon of that country, which,
+although not so highly flavored as the Scotch species, would still be a
+most desirable acquisition.
+
+Some species of fish are poisonous at all seasons, as the toad-fish
+(_Apistes marmoratus_); others are only occasionally so; and the degree
+of poisonous effect would seem to depend not only upon the state of the
+fish, but to vary very much in different persons who partake of them at
+the same time. There is nothing, however, in these properties of the
+Tasmanian fish to distinguish them from those of many other countries
+where similar peculiarities exist.
+
+
+SECTION IV.--REPTILES.
+
+It will not be necessary, in a work like the present, to do more than
+notice in very general terms this and the subsequent departments of
+zoology, upon none of which have any separate works been published.
+
+Snakes exist all over Tasmania; all are believed to be poisonous, and
+some are well known to be so. They inhabit all localities, from the
+level of the sea to the summits of the loftiest mountains (about five
+thousand feet). The number of species is still undetermined, but there
+are believed to be at least ten, although it is probable that the young
+of some kinds may have been mistaken for distinct species. The largest
+are usually four to five feet long, attaining occasionally, though but
+very rarely indeed, to a length of six feet. The greater number,
+however, are very much smaller, and are very various in color.
+Comparatively few instances have occurred wherein the bite of the snake
+has proved fatal to human life, and this, considering the immense number
+of snakes throughout the island, may be deemed remarkable. Numerous
+instances, however, of the death of horses, cattle, sheep, and dogs,
+have been recorded; but the particular species causing death in each
+instance has not been noted with precision; so that there are
+considerable doubts with many well-informed persons whether some
+innocuous kinds may not, like the ringed snake of England, be classed
+amongst their poisonous congeners, and indiscriminately killed with
+them.
+
+Next to man the hawk tribe are their most powerful and persevering
+enemies; and it would be wise on the part of the colonists if they
+forbade their servants to destroy those beautiful and, in this respect,
+most useful birds. Lady Franklin, during the government of her husband,
+Sir John Franklin, with her wonted liberality and kindness of heart,
+offered a reward of one shilling per head for every snake killed
+throughout the island. During the first year she paid about £700, for
+nearly fourteen thousand snakes killed. Subsequently she discontinued
+this reward, having ascertained that it would not, at that time, prove
+permanently beneficial, as from the very great extent of waste and
+unoccupied land, where snakes could breed undisturbed, they were brought
+down in vast numbers to the inhabited parts of the island by the flooded
+streams and rivers; but it now becomes a question, when so much more of
+the island is occupied, whether our local legislature might not wisely
+renew the offer of a moderate reward for the destruction of these
+obnoxious and much dreaded reptiles.
+
+Lizards and frogs, of various species, are common, but possess no
+peculiar interest. A species of turtle has been occasionally washed
+ashore upon the east coast, brought, no doubt, from the east coast of
+New Holland by the current which sets from that direction towards Van
+Diemen's Land.
+
+SECTION V.--INSECTS.
+
+No work on the entomology of Tasmania has yet appeared, although few
+countries offer a wider or better field to the zealous entomologist, and
+it possesses many most interesting species.[273]
+
+There is a great preponderance of _Coleoptera_ over the other orders.
+Some European forms are common; and several species, as the weevil,
+apple aphis, slug, &c., have been introduced, and prove most injurious,
+as they increase with unusual rapidity. The domestic bee was brought to
+Van Diemen's Land from England by Dr. T. B. Wilson, R.N., in the year
+1834; and so admirably does the climate of this island suit this
+interesting insect that in the first year sixteen swarms were produced
+from the imported hive! Since that time they have been distributed all
+over the island, and have been sent to all the adjoining colonies; all
+those in Australia having been derived from the one hive. In Tasmania
+they are becoming wild in great numbers, spreading themselves rapidly
+through all the forests, even to the summits of the western mountains.
+
+
+SECTION VI.--MOLLUSCA.
+
+Of the mollusca inhabiting the shores of the island many are highly
+interesting, and several are very beautiful. The rare _Cypræa
+umbilicata_ (Sowerby) inhabits Bass' Strait, as also _Trigonia
+margaritacea_ (Lam.), _Valuta papillaris_ (Swainson), _Venus lamellata_
+(Lam.), _Crassatella kingicola_ (Lam.), _solenimya Australis_ (Lam.), a
+species of _Terebratula_, and many others most interesting to the
+conchologist, and not less so to the geologist, as some forms are now
+found living abundantly in the Australian seas which are only known in
+the old world as occurring in a fossil state.
+
+Our Argonaut, or paper nautilus (_A. tuberculosa_, Lam.), is quite
+distinct from the European species, and scarcely less beautiful. It is
+occasionally washed ashore in considerable numbers on the islands in
+Bass' Strait. The beautiful _Janthina fragilis_ has been washed ashore
+with its inhabitant on the east coast.
+
+Although many forms are almost purely Australian, there are,
+nevertheless, a great number of European types, such as species of
+_Mytilus, Venus, Pecten, Ostrea, Patella_, &c.
+
+The only kind of shell-fish commonly consumed as an article of food and
+brought to market is a species of oyster. With the aborigines, however,
+shell-fish formed a very considerable and important article of diet. La
+Billardiere[274] describes their diving for _Haliotis_ at Recherche Bay;
+and abundant remains of their feasts still exist all along the coasts,
+and, in some places, many miles inland, the shell-fish having been
+carried in baskets by the women, to situations where fresh water was to
+be found. The sites of these aboriginal feasts are usually easily to be
+distinguished from raised beaches, or those accumulations of shells
+caused by change in the relative levels of sea and land. They may be
+known by their isolated character and position; by their forming, in
+many instances, round mound-like heaps, or tumuli; by the shells being
+injured by fire, often broken into small pieces, intermixed with
+fragments of charcoal; and from the fact of no small species of shell,
+not likely to form an article of food, being found intermixed.[275] The
+species of shell-fish consumed by the aborigines were numerous, and
+varied according to the locality in which each shell abounded. Those
+commonly used were the two species of _Haliotis_, _Mussels_, a _Turbo_,
+and _Oyster_: several of the smaller _bivalves_ and _univalves_ were,
+however, occasionally used, but it does not appear that the _aborigines_
+of Tasmania ever eat the _Unio_, so far as can now be traced; in this
+instance exhibiting a remarkable difference from those of New Holland,
+with whom the _Unio_ forms an important article of diet.
+
+The land shells are inconsiderable in number, not amounting to more than
+about six species. The freshwater kinds, including those inhabiting
+ditches, ponds, &c., are more numerous; but, except the _unio_, all are
+small and insignificant. Some species occur abundantly in situations
+which are perfectly dry for at least six months of the year, and seem,
+like many snails, to have the power of sustaining life for a long period
+in a dormant state.
+
+
+SECTION VII.--CRUSTACEA, ECHINODERMATA, &c.
+
+Crabs of numerous species are common, and one species, occasionally
+caught on both the east and west coasts, attains to a gigantic size. A
+craw-fish is abundant on the coasts, and is much prized by epicures, and
+another inhabits the rivers which run into the sea on the north coast.
+Many other crustaceans, still undescribed or but little known, are to be
+found in all favorable situations.
+
+There is little in the character of the _echinodermata_ to call for
+special notice. Species of many genera of star-fish and sea urchins are
+most abundant. _Acalephæ_ and _polypi_ are equally numerous, and a most
+extensive and little-explored field lies open in this colony to the
+naturalist in these most interesting branches of zoology. Our
+_infusoria_, too, are still undescribed, though numerous; but they call
+for few remarks in this place.
+
+In closing this chapter upon the zoology of Tasmania it must not be
+forgotten by the reader that its productions are still, in a great many
+cases, comparatively unknown; the notices of those described are
+scattered throughout an immense number of works, and in this island no
+museum or public scientific library yet exists, of such a character as
+to afford any aid to the compiler. It is not, however, to be expected
+that a general history of Tasmania should contain a minute history of
+all its varied and most interesting natural productions. It has been
+deemed sufficient, in the present slight sketch, to give in general
+terms merely those leading features which were likely to prove
+attractive to the general reader; leaving it to the student who may
+desire further information to refer to the works which have been noticed
+under the different heads.
+
+FOOTNOTES:
+
+[Footnote 268: _History of British Fossil Mammals and Birds._]
+
+[Footnote 269: It may be as well, also, to observe here that the learned
+Professor's article on the _Marsupialia_, in the same work, leaves
+little to be desired by the student who desires fuller information on
+the comparative anatomy of the marsupial animals.]
+
+[Footnote 270: Mr. Gould, in his introduction, says 181 species, and his
+table shows 172; but we think he has erred in placing some birds under
+the head of Van Diemen's Land, which in the body of his book do not
+appear ever to have been found in it.]
+
+[Footnote 271: Vol. I., introduction, p. 170.]
+
+[Footnote 272: For a very full and excellent description of the habits
+of this bird see a paper by R. H. Davies, Esq., in the _Tasmanian
+Journal_, Vol. II., p. 13.]
+
+[Footnote 273: Two hundred and sixty-two species of Tasmanian insects
+were described by the German entomologist Erichsen, in _Wagner's
+Archives_ for 1842. The Rev. T. J. Ewing, of New Town, the most zealous
+and able Tasmanian entomologist, in a paper in the _Tasmanian Journal_,
+vol. iii., p. 456, quotes the following works, where descriptions of
+Tasmanian insects may be found.--_Leach's Zoological Miscellany,
+Entomological Magazine, The Entomologist, Transactions of the
+Entomological Society of London_, and _Annals of Natural History_.]
+
+[Footnote 274: _Voyage in search of La Perouse._]
+
+[Footnote 275: _Vide_ a paper by R. C. Gunn: _Tasmanian Journal_, vol.
+II., p. 332.]
+
+
+
+
+TASMANIA:
+PRINTED BY J. S. WADDELL, LAUNCESTON.
+
+
+
+             *     *     *     *     *
+
+
+
+NOTES AND ERRATA.
+
+Transcriber's Note: the following errata have been corrected in the text
+above.
+
+   Page 4, for "Charles II." read "Charles I."
+
+   Page 14. This veteran was at the Exhibition of 1851, pointing out the
+   natural productions and conversing with great zest with any person
+   interested in this colony.
+
+   Page 29, for "did not visit," read "did not convey the settlers."
+
+   Page 41. The state of Van Diemen's Land may be inferred by the following
+   evidence of Lieutenant Lord (1812), before the Committee of the Commons.
+   "During eight or nine years we entirely depended on the woods. We had
+   2lbs. of biscuit weekly for thirteen months;"--"We had not a single
+   death." "I have often myself been glad to go to bed for want of bread."
+   Mr. Lord was sometime acting lieutenant governor--the writer has, during
+   a long voyage which his gentlemanly deportment made pleasant, often
+   heard him narrate the difficulties of those early days.
+
+   Page 56. The following extracts from various documents will bear out the
+   statements in the text, in reference to the government proceedings of
+   that day:--
+
+   Crossly, the government lawyer, was transported for putting a "fly in a
+   dead man's mouth"--making a forged will. He drew up the early
+   indictments. He got his pardon this way: he drew bills (£2000), on a man
+   of straw in England. They were returned, but as a convict he could not
+   be sued; therefore Governor King, to protect the creditors, gave him his
+   pardon.--_Judge Adkins' evidence on Johnstone's trial._
+
+   A person was ordered 500 lashes for sedition--_Gazette_, March 1807.
+
+   Bakers using flour above 20 per cent. were threatened to have their
+   ovens demolished.--1806.
+
+   "A breach of regulations, made at the sole will of the Governor, was
+   punished with 500 to 1000 lashes,"--_Report House of Commons Committee_,
+   1812.
+
+   "A man threatened to be as troublesome as Tom Pain, sentenced to 100
+   lashes, and to wear a label on his back with 'Thomas Pain,' written in
+   large characters."--1806.
+
+   The following is Bligh's character of Judge Atkins--"He has been
+   accustomed to inebriety--he has been the ridicule of the community,
+   sentence of death has been pronounced in moments of intoxication, his
+   determination is weak, his opinions floating and infirm, his knowledge
+   of the law insignificant and subject to private inclination; and
+   confidential cases of the crown, where due secresy is required, he is
+   not to be trusted with." (Letter to Secretary of State.) Yet Atkins
+   was his principle adviser.
+
+   Page 65. Major Abbot said, "people err greatly in reference to my
+   court--some think it is a court of law--_but it is not a court of law_;
+   some think it is a court of equity--_but it is not a court of equity_.
+   It is a court of justice and right."
+
+   Page 76, for "100,000," read "10,000."
+
+   Page 107, The following is an example of the pipe system:--"_Free
+   Pardon._--Whereas on the days of Thursday and Friday last, copies of a
+   paper usually called A PIPE, were circulated in the town of Sydney, one
+   being thrown over the wall in George-street, opposite the
+   Lieut.-Governor's house; another at the Provost Marshall's; another at
+   Mrs. Macarthur's; another outside the walls of the Queen's Hospital,
+   opposite the quarters occupied by D'Arcey Wentworth; each paper
+   separately addressed to the above persons, and containing a false,
+   malicious attack on his honor the Lieutenant Governor--it is hereby
+   notified that his Excellency will _give a free and unconditional pardon,
+   and in addition, two hundred pounds sterling_, offered by the officers
+   of the 46th regiment, to any person or persons (not the actual authors
+   of such paper) who will give information that may lead to the conviction
+   of the offenders. May 4, 1816."
+
+   Page 109, for "Lord Goderich," read "Sir G. Murray."
+
+   Page 119. This passage was in type before the bill for an elective
+   assembly passed.
+
+   Page 135, for "quit-rents 2s.," read "2s. per 100 acres."
+
+   Page 143, for "one never cultivated," read "one cultivated."
+
+   Page 152, for "£50,000," read "£5,000."
+
+   Page 152. The actual discoverer of the Burra Mines, Thomas Picket, a
+   labourer, was burned to death in a state of intoxication in 1852.
+
+   Page 172. In this trial the jurors could not agree as to damages, to
+   they set down each a sum, and adding the whole, divided by twelve,
+   which they gave as a verdict.
+
+   Page 173, for "an even number," read "an ancient number."
+
+   Page 183, for "154," read "148" (note).
+
+   Page 249, for "deliberate," read "deliberative."
+
+   Page 267, for "annulled," read "unsettled."
+
+   Page 284, for "July, 1848," read "July, 1847."
+
+   Page 297, for "two monstrous," read "too monstrous."
+
+   Page 303, for "object to," read "object of."
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF TASMANIA, VOLUME I
+(OF 2)***
+
+
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+<h1>The Project Gutenberg eBook, The History of Tasmania, Volume I (of 2), by
+John West</h1>
+<pre>
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at <a href = "http://www.gutenberg.org">www.gutenberg.org</a></pre>
+<p>Title: The History of Tasmania, Volume I (of 2)</p>
+<p>Author: John West</p>
+<p>Release Date: January 18, 2008  [eBook #24362]</p>
+<p>Language: English</p>
+<p>Character set encoding: ISO-8859-1</p>
+<p>***START OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF TASMANIA, VOLUME I (OF 2)***</p>
+<p>&nbsp;</p>
+<h3>E-text prepared by Jonathan Ingram, Jane Hyland,<br/>
+    and the Project Gutenberg Online Distributed Proofreading Team<br />
+    (http://www.pgdp.net)</h3>
+<p>&nbsp;</p>
+<hr class="full" />
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+
+<p><span class='pagenum'><a name="Page_I" id="Page_I">[Pg I]</a></span></p>
+
+<h2>THE</h2>
+
+<h1>HISTORY OF TASMANIA</h1>
+
+<h2>BY JOHN WEST</h2>
+
+<h4>MINISTER OF ST. JOHN SQUARE CHAPEL, LAUNCESTON</h4>
+
+<h3>VOLUME I</h3>
+
+<h3>TASMANIA:</h3>
+
+<h3>HENRY DOWLING, LAUNCESTON</h3>
+
+
+<h3>1852<br /><br /><br /></h3>
+<p><span class='pagenum'><a name="Page_II" id="Page_II">[Pg II]</a></span></p>
+
+<h5>TASMANIA:<br />
+PRINTED BY J. S. WADDELL, LAUNCESTON.</h5>
+
+<h4>Facsimile edition 1966<br /><br /><br /></h4><p><span class='pagenum'><a name="Page_III" id="Page_III">[Pg III]</a></span></p>
+
+
+<h4>TO HENRY HOPKINS, OF HOBART TOWN, ESQ.,</h4>
+
+<h5>THE</h5>
+
+<h4>HISTORY OF TASMANIA,</h4>
+
+<h5>UNDERTAKEN AT HIS REQUEST, IS RESPECTFULLY INSCRIBED</h5>
+
+<h5>BY</h5>
+
+<h4>THE AUTHOR.</h4>
+
+<h4><span class="smcap">Launceston, September</span>, 1852.</h4>
+<p><span class='pagenum'><a name="Page_IV" id="Page_IV">[Pg IV]</a></span><br /><br /><br /></p>
+
+<h4>ADVERTISEMENT</h4>
+
+<p>The author takes this opportunity to thank the gentlemen who have
+allowed him, for several years, the use of their works on the colonies,
+and valuable original papers; especially the trustees of Lady Franklin's
+Museum, Messrs. R. Lewis, Hone, Gunn, Joseph Archer, Henty, P. Roberts,
+Wooley, and Pitcairn.<span class='pagenum'><a name="Page_V" id="Page_V">[Pg V]</a></span></p>
+
+<p>The public are indebted to Ronald Gunn, Esq., for the section on
+Tasmanian Zoology; and to Mr. F. Wales for a useful list of the chief
+places in this country.</p>
+
+
+
+<hr style="width: 65%;" />
+<h2><a name="CONTENTS_VOL_I" id="CONTENTS_VOL_I"></a>CONTENTS&mdash;VOL. I.</h2>
+<p><span class='pagenum'><a name="Page_VI" id="Page_VI">[Pg VI]</a></span></p>
+
+<h3>DISCOVERY</h3>
+
+<div class="center">
+<table border="0" cellpadding="1" cellspacing="0" summary="contents">
+<tr><td><a href="#SECTION_I"><b>SECTION I</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 1.<br /></td></tr>
+<tr><td><p class="contents">Anthony Van Diemen, governor of Batavia&mdash;Sir Joseph Banks obtains
+Tasman's charts and journal&mdash;brass hemispheres at Amsterdam&mdash;discovery
+of Van Diemen's Land&mdash;Maria Island&mdash;visit of Captains Marion, Furneaux,
+Cook, Clerke, Cox, Bligh, D'Entrecasteaux&mdash;discovery of Bass' Straits by
+Bass and Flinders&mdash;Flinders' misfortunes and death&mdash;Baudin&mdash;misfortunes
+of our eminent navigators&mdash;monument erected by Sir John Franklin to
+Flinders.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_II"><b>SECTION II</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 20.<br /></td></tr>
+<tr><td><p class="contents">Colonel Purry's project&mdash;opinion of Dalrymple&mdash;Cook's account of New
+South Wales&mdash;fleet assemble at Motherbank&mdash;Phillip governor&mdash;various
+opinions of the prospects of the colony.<br /></p></td></tr>
+</table></div>
+
+<hr style="width: 65%;" />
+
+<h3>FROM 1803 TO 1824</h3>
+
+<p><span class='pagenum'><a name="Page_VII" id="Page_VII">[Pg VII]</a></span></p>
+<div class="center">
+<table border="0" cellpadding="1" cellspacing="0" summary="contents">
+<tr><td><a href="#SECTION_Ia"><b>SECTION I</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 27.<br /></td></tr>
+<tr><td><p class="contents">Van Diemen's Land occupied&mdash;state of Port Jackson at the time&mdash;Port
+Phillip occupied&mdash;abandoned&mdash;account of Buckley&mdash;debarkation at
+Sullivan's Cove&mdash;names of officers&mdash;Paterson occupies at Port
+Dalrymple&mdash;account of Collins&mdash;Burke's remarks&mdash;Collins' history&mdash;Lord
+Hobart.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IIa"><b>SECTION II</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 34.<br /></td></tr>
+<tr><td><p class="contents">Hobart Town named&mdash;York Town&mdash;Tamar river&mdash;Launceston&mdash;the first
+house&mdash;Norfolk Island vacated&mdash;settlers conveyed to Van Diemen's
+Land&mdash;overflow of the Hawkesbury&mdash;destitution&mdash;deposition of Bligh&mdash;he
+visits the Derwent&mdash;conduct of Collins&mdash;establishes a newspaper&mdash;his
+death&mdash;monument erected by Franklin to his memory.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IIIa"><b>SECTION III</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 48.<br /></td></tr>
+<tr><td><p class="contents">Lieutenant E. Lord acting lieutenant-governor&mdash;ditto Captain
+Murray&mdash;visit of Governor Macquarie&mdash;Davey
+lieutenant-governor&mdash;improvements effected&mdash;St. David's church
+built&mdash;Bent's newspaper&mdash;death of Colonel Davey.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IVa"><b>SECTION IV</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 53.<br /></td></tr>
+<tr><td><p class="contents">Form of colonial government&mdash;courts&mdash;legislative orders&mdash;administration
+of justice&mdash;Abbot judge-advocate of Van Diemen's Land&mdash;opinions of
+Mackintosh&mdash;Bentham&mdash;torture&mdash;arbitrary conduct of Macquarie&mdash;governor's
+court&mdash;Abbot's death.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_Va"><b>SECTION V</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 66.<br /></td></tr>
+<tr><td><p class="contents">Lieutenant-Governor Sorell&mdash;checks bushranging&mdash;immigration of
+settlers&mdash;their privileges&mdash;Macquarie's account of Van Diemen's Land.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_VIa"><b>SECTION VI</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 70.<br /></td></tr>
+<tr><td><p class="contents">Sheep introduced&mdash;Merino lambs imported into Van Diemen's Land&mdash;wool
+purchased by Mr. Hopkins.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_VIIa"><b>SECTION VII</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 73.<br /></td></tr>
+<tr><td><p class="contents">Whaling&mdash;duties on colonial oil&mdash;fetters of trade&mdash;Captain Howard's
+misfortunes&mdash;currency of Van Diemen's Land&mdash;trading habits.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_VIIIa"><b>SECTION VIII</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 78.<br /></td></tr>
+<tr><td><p class="contents">Religious efforts&mdash;notices of Reverends Johnson, Marsden,
+Knopwood&mdash;Wesleyan first Sunday school&mdash;Reverends Horton, Mansfield,
+Macarthur&mdash;bible society&mdash;Reverend J. Youl&mdash;Reverend P. Connolly.<br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IXa"><b>SECTION IX</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 86.<br /></td></tr>
+<tr><td><p class="contents">Bill for better administration of justice&mdash;supreme court
+established&mdash;colonial agent&mdash;departure of Sorell&mdash;Leith
+company&mdash;Sorell's character&mdash;agricultural societies&mdash;advantages of immigrants at the present time.<br /><br /></p></td></tr>
+</table></div>
+<p><span class='pagenum'><a name="Page_VIII" id="Page_VIII">[Pg VIII]</a></span></p>
+
+<hr style="width: 65%;" />
+
+<h3>FROM 1824 TO 1836</h3>
+
+<div class="center">
+<table border="0" cellpadding="1" cellspacing="0" summary="contents">
+<tr><td><a href="#SECTION_Ib"><b>SECTION I</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 95.<br /></td></tr>
+<tr><td><p class="contents">Lieutenant-Colonel Arthur, superintendent at Honduras&mdash;dispute with
+Colonel Bradley&mdash;with the slaveholders&mdash;state of Van Diemen's
+Land&mdash;court proclaimed&mdash;trial by jury&mdash;charges against Mr. J. T.
+Gellibrand, jun.&mdash;Talfourd's opinions&mdash;Van Diemen's Land declared
+independent of New South Wales&mdash;police magistrates appointed.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IIb"><b>SECTION II</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 106.<br /></td></tr>
+<tr><td><p class="contents">Rise of the Australian press&mdash;restraint of the press by Arthur&mdash;Dr. Ross
+government printer&mdash;colonists maintain the freedom of the press.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IIIb"><b>SECTION III</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 110.<br /></td></tr>
+<tr><td><p class="contents">Van Diemen's Land Company formed&mdash;its investments&mdash;Jorgen Jorgenson.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IVb"><b>SECTION IV</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 115.<br /></td></tr>
+<tr><td><p class="contents">State of society at Hobart&mdash;Judge Forbes&mdash;Governor Darling&mdash;punishment
+of Thomson and Sudds&mdash;trial of Dr. Wardell&mdash;Major Honor's case&mdash;Mr.
+Humphrey police magistrate&mdash;petitions for an elective
+assembly&mdash;disagreements with Arthur&mdash;Gellibrand, sen., dismissed from
+the magistracy&mdash;act of parliament for the colony&mdash;Marshall's proposal
+for a colonial association.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_Vb"><b>SECTION V</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 120.<br /></td></tr>
+<tr><td><p class="contents">Dispute between Jennings and Montagu&mdash;rate on returned bills of exchange
+fixed&mdash;trial of Dillon&mdash;treasury robbed&mdash;Ikey Solomon's arrest&mdash;conduct
+of a jury&mdash;races at Ross&mdash;pirates take the <i>Cumberland</i>.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_VIb"><b>SECTION VI</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 124.<br /></td></tr>
+<tr><td><p class="contents">Grammar school&mdash;orphan school&mdash;mechanic institution&mdash;Dr. Ross&mdash;Dr.
+Henderson.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_VIIb"><b>SECTION VII</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 127.<br /></td></tr>
+<tr><td><p class="contents">Bank of Van Diemen's Land&mdash;state of trade&mdash;Gatenby farmers&mdash;treasury
+<span class='pagenum'><a name="Page_IX" id="Page_IX">[Pg IX]</a></span>robbed&mdash;Cox's conveyance established&mdash;dearth in New South Wales.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_VIIIb"><b>SECTION VIII</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 131.<br /></td></tr>
+<tr><td><p class="contents">Liabilities of publicans&mdash;impounding cattle&mdash;dog act&mdash;usury law.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IXb"><b>SECTION IX</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 134.<br /></td></tr>
+<tr><td><p class="contents">Endowment of emigrants with land&mdash;early regulations&mdash;quantities of land
+given&mdash;early price of land.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_Xb"><b>SECTION X</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 136.<br /></td></tr>
+<tr><td><p class="contents">Van Diemen's Land divided into counties&mdash;land commissioners
+appointed&mdash;conditions of grants&mdash;land obtained by fictitious capital.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_XIb"><b>SECTION XI</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 139.<br /></td></tr>
+<tr><td><p class="contents">Brisbane grants&mdash;proof of ownership&mdash;resumption resisted by
+juries&mdash;defect in titles discovered&mdash;defect in description&mdash;caveat board
+established&mdash;Major Abbot's claim&mdash;quit rents&mdash;free grants
+terminated&mdash;Lord Ripon's regulations.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_XIIb"><b>SECTION XII</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 148.<br /></td></tr>
+<tr><td><p class="contents">Wakefield's colonization scheme&mdash;Wilmot Morton's views&mdash;Swan River
+settlement&mdash;sufferings of first settlers&mdash;colony of South
+Australia&mdash;mineral wealth&mdash;Port Phillip occupied&mdash;emigration of females
+and mechanics&mdash;important consequences&mdash;table of land regulations.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_XIIIb"><b>SECTION XIII</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 160.<br /></td></tr>
+<tr><td><p class="contents">Bank of Australasia&mdash;state of the currency&mdash;Tamar bank&mdash;Union bank.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_XIVb"><b>SECTION XIV</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 161.<br /></td></tr>
+<tr><td><p class="contents">Glorious 23rd of May!&mdash;Baxter appointed judge&mdash;set aside&mdash;police and
+gaols&mdash;land revenue.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_XVb"><b>SECTION XV</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 165.<br /></td></tr>
+<tr><td><p class="contents">Mr. W. Bryan's disagreement with Arthur&mdash;Arnold condemned for cattle
+stealing&mdash;case of Lewis&mdash;of Bryan, jun.&mdash;murder of Captain
+Sergeantson&mdash;perjury&mdash;trial by jury.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_XVIb"><b>SECTION XVI</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 174.<br /></td></tr>
+<tr><td><p class="contents">"True Colonist"&mdash;state of the press&mdash;charges against Arthur&mdash;increase of
+<span class='pagenum'><a name="Page_X" id="Page_X">[Pg X]</a></span>newspapers&mdash;political association.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_XVIIb"><b>SECTION XVII</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 177.<br /></td></tr>
+<tr><td><p class="contents">Recall of Arthur&mdash;- advancement during his administration&mdash;his great
+ability&mdash;his views of public works&mdash;his departure&mdash;death of Mr. J. T.
+Gellibrand.<br /><br /></p></td></tr>
+</table></div>
+
+<hr style="width: 65%;" />
+
+<h3>FROM 1836 TO 1843</h3>
+
+<div class="center">
+<table border="0" cellpadding="1" cellspacing="0" summary="contents">
+<tr><td><a href="#SECTION_Ic"><b>SECTION I</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 191.<br /></td></tr>
+<tr><td><p class="contents">Snodgrass acting-governor&mdash;arrival of Sir John Franklin&mdash;views of the
+colony&mdash;his reception&mdash;efforts to reconcile parties&mdash;magistrates
+increased&mdash;council chamber opened.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IIc"><b>SECTION II</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 195.<br /></td></tr>
+<tr><td><p class="contents">Difficulties respecting the churches&mdash;Dr. Lang&mdash;church and school
+corporation erected&mdash;dissolved by the crown&mdash;Sir G. Murray's
+views&mdash;Bourke's plan&mdash;Arthur's views&mdash;bishopric established in New South
+Wales&mdash;claims of the Presbyterians&mdash;declare for the established church
+of Scotland&mdash;Sir G. Grey's decision&mdash;act of general assembly&mdash;appellate
+jurisdiction refused&mdash;synod proclaimed&mdash;assembled and
+dissolved&mdash;controversy between the churches&mdash;church act passed&mdash;rivalry
+of the churches&mdash;act amended&mdash;demands on the treasury&mdash;bishopric of
+Tasmania established&mdash;Bishop Nixon enthroned&mdash;differences with
+clergy&mdash;ecclesiastical courts&mdash;refused by Wilmot&mdash;conference at
+Sydney&mdash;ecclesiastical titles arranged&mdash;free church of
+Scotland&mdash;tolerance of laity&mdash;respect for religion.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IIIc"><b>SECTION III</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 215.<br /></td></tr>
+<tr><td><p class="contents">Education&mdash;Franklin proposes a college&mdash;Dr. Arnold's views&mdash;Mr. Gell
+appointed&mdash;foundation of college laid&mdash;abandoned&mdash;- schools in New South
+Wales&mdash;British system established in Van Diemen's Land&mdash;British system
+abandoned.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IVc"><b>SECTION IV</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 219.<br /></td></tr>
+<tr><td><p class="contents">Distillation forbidden&mdash;emigration promoted&mdash;interference of
+<span class='pagenum'><a name="Page_XI" id="Page_XI">[Pg XI]</a></span>commissioners&mdash;libel on Mr. Dowling&mdash;emigrants prosper&mdash;effects of
+probation&mdash;distress in the colonies&mdash;causes of distress&mdash;revival.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_Vc"><b>SECTION V</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 225.<br /></td></tr>
+<tr><td><p class="contents">Franklin arranges probation system&mdash;dispute with Captain
+Montagu&mdash;dismisses him&mdash;Lord Stanley justifies Captain Montagu&mdash;Franklin
+recalled&mdash;his amiable character&mdash;last expedition.<br /><br /></p></td></tr>
+</table></div>
+
+<hr style="width: 65%;" />
+
+<h3>FROM 1843 TO 1847</h3>
+
+
+<div class="center">
+<table border="0" cellpadding="1" cellspacing="0" summary="contents">
+<tr><td><a href="#SECTION_Id"><b>SECTION I</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 233.<br /></td></tr>
+<tr><td><p class="contents">Sir E. Wilmot arrives&mdash;his connexions&mdash;opinion of the <i>Times</i>&mdash;his
+popular manners&mdash;the agricultural association&mdash;bushranging&mdash;Wilmot's
+promises to the legislature&mdash;remodels the Tasmanian Society&mdash;his
+difficulties&mdash;central committee&mdash;usury law&mdash;fetters of trade&mdash;Hutt's
+motion&mdash;road bill&mdash;irrigation&mdash;expense of police&mdash;public debt&mdash;Wilmot
+adheres to his instructions&mdash;duties raised from five to fifteen per
+cent.&mdash;taxation defeated&mdash;quarrel with the <i>Courier</i>&mdash;Mr. Bicheno's
+political opinions&mdash;discussion in the council&mdash;Mr. Dry's motion&mdash;council
+adjourned&mdash;despatches respecting police and public works&mdash;injustice of
+Lord Stanley&mdash;anti-colonial character of probation system&mdash;Lord
+Stanley's restrictions&mdash;proposes to raise produce for
+commissariat&mdash;inadequate surveillance&mdash;Wilmot's
+representations&mdash;Stanley's reply&mdash;council meet&mdash;estimates
+unintelligible&mdash;motions rejected by the governor's deliberative and
+casting votes&mdash;Mr. Smith's opinion&mdash;six members resign&mdash;obligation of
+official members&mdash;defence of the six&mdash;remarks&mdash;popular sympathy.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IId"><b>SECTION II</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 252.<br /></td></tr>
+<tr><td><p class="contents">Development of probation system&mdash;location of gangs&mdash;Mr. Pitcairn's
+petition&mdash;Wilmot's counter representation&mdash;Wilmot rejected as patron of
+the Van Diemen's Land agricultural association&mdash;vacancies filled up in
+the council&mdash;members resign&mdash;&pound;24,000 allowed by home
+government&mdash;differential duties bill&mdash;Hobart Town commissioners&mdash;dog
+act&mdash;recall of Wilmot&mdash;defended the probation system&mdash;blame cast on
+<span class='pagenum'><a name="Page_XII" id="Page_XII">[Pg XII]</a></span>him&mdash;Wilmot's last address&mdash;Mr. Gladstone's despatch&mdash;his decision
+respecting the six&mdash;Wilmot slandered&mdash;Gladstone's letter&mdash;debates in
+parliament&mdash;remarks&mdash;Wilmot's death&mdash;Mr. La Trobe's administration.<br /><br /></p></td></tr>
+</table></div>
+
+<hr style="width: 65%;" />
+
+<h3>FROM 1847 TO 1852</h3>
+
+<div class="center">
+<table border="0" cellpadding="1" cellspacing="0" summary="contents">
+<tr><td><a href="#SECTION_Ie"><b>SECTION I</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 265.<br /></td></tr>
+<tr><td><p class="contents">Sir William Denison meets the twelve&mdash;re-appoints the six&mdash;errors in
+commission discovered&mdash;refers home&mdash;the six appointed&mdash;dog tax declared
+illegal&mdash;actions of merchants&mdash;dismissal of Judge Montagu&mdash;Judge Pedder
+refuses leave of absence&mdash;Mr. Horne appointed&mdash;doubts' bill
+passed&mdash;decision of home government&mdash;charge against the merchants&mdash;their
+defence&mdash;appeals to Downing-street&mdash;public petitions for an
+assembly&mdash;plans proposed&mdash;council of New South Wales&mdash;discontent at Port
+Phillip&mdash;report of Sir William Denison&mdash;plan of Earl Grey
+rejected&mdash;privy council report&mdash;opinions of their report&mdash;bill
+passed&mdash;rejoicings at Port Phillip&mdash;at Van Diemen's Land&mdash;college at
+Bishopsbourne&mdash;Hutchins' school&mdash;high school.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IIe"><b>SECTION II</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 276.<br /></td></tr>
+<tr><td><p class="contents">Struggle against transportation&mdash;Mr. McLachlan&mdash;English press&mdash;state of
+colony&mdash;pardons extended&mdash;North Australia&mdash;squatters hire
+expirees&mdash;exiles received at Port Phillip&mdash;abolition proposed&mdash;Mr.
+McLachlan's letter to Mr. Gladstone&mdash;petition presented to the
+Lords&mdash;Mr. Ewart's motion&mdash;Earl Grey and Mr. Hawes receive the seals of
+the colonial office&mdash;avow the principles of Whately&mdash;Sir W. Denison's
+circular&mdash;discussion&mdash;committees appointed&mdash;public meetings.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IIIe"><b>SECTION III</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 283.</td></tr>
+
+<tr><td><p class="contents">London agency&mdash;meeting&mdash;Lord Grey's despatch announcing the views of
+government&mdash;address of Sir W. Denison&mdash;his despatch in favor of
+transportation&mdash;Norfolk Island prisoners&mdash;proposal to New South Wales
+accepted on both sides&mdash;repudiation by Earl Grey, and a new proposal to
+New South Wales rejected&mdash;circular letter to the colonies&mdash;convicts sent
+<span class='pagenum'><a name="Page_XIII" id="Page_XIII">[Pg XIII]</a></span>to the Cape rejected&mdash;rejected at Port Phillip&mdash;effect of the treatment
+of Van Diemen's Land on other colonies&mdash;prospects of 1848.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_IVe"><b>SECTION IV</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 289.<br /></td></tr>
+<tr><td><p class="contents">Lord J. Russell's speech&mdash;conduct of ministers&mdash;great number of
+petitions&mdash;Sir W. Denison's views&mdash;resolution of colonists&mdash;rapid
+changes of systems&mdash;the intentions of Earl Grey&mdash;evils of ticket
+system&mdash;resolution of the Legislative Councils&mdash;views of different
+parties&mdash;state of the colony&mdash;Earl Grey accused of breach of faith&mdash;Earl
+Grey's speech&mdash;declares his determination to proceed&mdash;the effect of his
+speech on Van Diemen's Land&mdash;Leagues formed&mdash;<i>Neptune</i>
+arrived&mdash;protest&mdash;petitions of all classes&mdash;convict party form an
+association&mdash;it is dissolved&mdash;weakness of the colony&mdash;feelings of other
+colonies towards Van Diemen's Land.<br /><br /></p></td></tr>
+
+<tr><td><a href="#SECTION_Ve"><b>SECTION V</b></a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;p. 298.<br /></td></tr>
+<tr><td><p class="contents">The "Australias are One"&mdash;address to the colonies&mdash;Earl Grey renews his
+application to New South Wales&mdash;decision of the people&mdash;response of the
+colonies&mdash;meeting of abolitionists at Hobart&mdash;declare against
+transportation to any of the colonies&mdash;a conference appointed&mdash;delegates
+meet in Victoria&mdash;the Australian League formed&mdash;large
+subscriptions&mdash;fire in Port Phillip&mdash;meeting of delegates in New South
+Wales&mdash;proceedings of conference&mdash;the elections&mdash;the discovery of
+gold&mdash;effects on employers&mdash;League assailed by the convict
+party&mdash;delegates visit Adelaide&mdash;League adopted at New Zealand&mdash;people
+return opponents of transportation&mdash;conduct of emancipists&mdash;not one
+supporter of transportation returned&mdash;resolutions of the Legislative
+Councils of New South Wales, Victoria, South Australia, and Van Diemen's
+Land.<br /><br /></p></td></tr>
+
+</table></div>
+
+<hr style='width: 45%;' />
+
+<h3>ZOOLOGY.</h3>
+
+<p><span class="smcap"><a href="#SECTION_If">Section i</a></span> p. 321. Mammalia.&mdash;<span class="smcap"><a href="#SECTION_IIf">Section ii</a></span> p. 328. Birds.&mdash;<span class="smcap"><a href="#SECTION_IIIf">Section iii</a></span>
+p. 332. Fishes.&mdash;<span class="smcap"><a href="#SECTION_IVf">Section iv</a></span> p. 333. Reptiles.&mdash;<span class="smcap"><a href="#SECTION_Vf">Section v</a></span> p. 335.
+Insects.&mdash;<span class="smcap"><a href="#SECTION_VIf">Section vi</a></span> p. 335.&mdash;Mollusca.<span class='pagenum'><a name="Page_XIV" id="Page_XIV">[Pg XIV]</a></span></p>
+
+
+
+<hr style="width: 65%;" />
+<h2>HISTORY OF TASMANIA</h2>
+<h2>DISCOVERY, &amp;c<br /></h2>
+<p><span class='pagenum'><a name="Page_1" id="Page_1">[Pg 1]</a></span></p>
+
+
+<hr style="width: 65%;" />
+<h2><a name="DISCOVERY_c" id="DISCOVERY_c"></a>DISCOVERY, &amp;c</h2>
+
+<h3><a name="SECTION_I" id="SECTION_I"></a>SECTION I</h3>
+<p><span class='pagenum'><a name="Page_2" id="Page_2">[Pg 2]</a></span></p>
+
+<p>Nearly fifty years have elapsed, since Van Diemen's Land was numbered
+with the colonies of the British empire. A generation has risen up and
+is passing away. Thousands, while they venerate the land of their
+European ancestors, with an amiable fondness love Tasmania as their
+native country. They will, hereafter, guide its affairs, extend its
+commerce, and defend its soil; and, not inferior in virtue and
+intelligence, they will fill an important position in the vast system of
+Australasia.</p>
+
+<p>To gratify their curiosity, and offer to their view the instructive and
+inspiriting events of the past, is the purpose of this history.</p>
+
+<p>The difficulty of the task can be appreciated only by experience. To
+collect from scattered records, facts worthy of remembrance; to separate
+reality from romance; to remove partial coloring from statements made
+long ago; and to exhibit useful truth without disguise and without
+offence, required much research and deliberation.</p>
+
+<p>It is not the intention of this history to relate every event which,
+when passing, may have been deemed momentous; much less to recal from
+obscurity the errors, absurdity, and wickedness which exercised no
+distinct influence on the common welfare. The author has endeavoured to
+realize the feelings and sympathies of the benevolent and just of
+another age, and to confine his pen to details which may maintain their
+interest, when the passions with which they were associated shall
+subside for ever.</p>
+
+<p>In calling this work <span class="smcap">The History of Tasmania</span>, a designation is chosen
+generally preferred by the colonists, and which their successors will
+certainly adopt. "Van Diemen" is a name affixed to the north coast of
+New Holland; and this country is the first known discovery of Tasman.<span class='pagenum'><a name="Page_3" id="Page_3">[Pg 3]</a></span></p>
+
+<p>The name of Tasman is recognised by the royal patent constituting the
+diocese; by several literary societies and periodical works: it forms
+the term by which we distinguish our Tasmanian from our European youth.</p>
+
+<p>Tasmania is preferred, because "Van Diemen's Land" is associated among
+all nations with the idea of bondage and guilt; and, finally, because
+while Tasmania is a melodious and simple sound, "Van Diemen" is harsh,
+complex, and infernal.</p>
+
+<hr style='width: 45%;' />
+
+<p>During the reign of Charles I. (Frederick Henry, grandfather of William
+III. being Stadtholder of Holland) the Dutch discovered this island. The
+enterprise of that people had raised them to the zenith of their power:
+unless by England, they were unrivalled in nautical science and
+commercial opulence. More for the purposes of trade than the acquisition
+of knowledge, they were anxious to discover unknown countries, and to
+conceal the information they possessed from the rest of the world.</p>
+
+<p>At this time, Anthony Van Diemen was governor-general of Batavia: by
+him, Abel Jans Tasman was commissioned to explore the "Great South
+Land," the name by which New Holland was known until 1665, when, by the
+authority of the Netherland government, it received its present
+designation. A fragment of the journal of Tasman, containing an account
+of his discovery, was first published by Dirk Rembrant, and afterwards
+translated into most European tongues. In this abstract nautical details
+respecting Van Diemen's Land were omitted, but were described in the
+journal itself, and by thirty-eight charts, views, and figures. These
+were purchased by Sir Joseph Banks, on his return from his voyage to
+these seas. Tasman's journal was translated by a Netherland clergyman:
+he considered the age of the manuscript confirmed by the spelling: that
+it was genuine he had no doubt, although he questioned whether written
+by Tasman, or transcribed at his command. Sir Joseph Banks acquired at
+the same time a copy of instructions to Tasman, given by the Governor of
+Batavia in 1644, for a second expedition, and which recapitulated the
+various voyages of his predecessors. These, however, have no connection
+with Van Diemen's Land.</p>
+
+<p>To adorn the new stadthouse of Amsterdam, erected in 1665, three
+hemispheres were wrought in stone, of twenty-two feet in diameter: the
+circles were inlaid with brass, and<span class='pagenum'><a name="Page_4" id="Page_4">[Pg 4]</a></span> were executed by a celebrated
+artist. The southern hemisphere exhibited the discoveries of Tasman and
+his predecessors: they formed the pavement of the hall, until
+obliterated by the tread of several generations. They were quite
+forgotten when Sir Joseph Banks sought information from the inhabitants.
+A copy of these works of art was preserved, and displayed the extent to
+which New Holland and Van Diemen's Land were known.</p>
+
+<p>The journal of Tasman has been greatly admired: it is clear, laconic,
+and devout.<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a> It opens with an invocation: "May God Almighty be pleased
+to give his blessing to this voyage. Amen." The document is, indeed,
+full of pious sentiments: when a long desired breeze liberated the
+vessel from port, or refreshment was obtained, or safe anchorage found,
+he dots down a thanksgiving. He reckoned his longitude from the Peak of
+Teneriffe: the hours he called glasses; his miles were German, fifteen
+to a degree.</p>
+
+<p>On the 14th of August, 1642, Tasman embarked at Batavia, on board the
+<i>Heemskirk</i>, the fly-boat <i>Zeehaan</i>, Jerit Zanzoon, master, in company.
+They set sail for the Mauritius, and arrived on the 5th of September.
+That island, then commanded by Van Steelan, was but little cultivated,
+and gave slight promise of its present importance.<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a> On the 4th
+October, they were ready to depart, but were delayed by contrary winds
+until the 8th, when on a change in their favor they stood eastward to
+sea. On the 27th, a council being called, it was resolved that a man
+should constantly look out at the topmast head; and to encourage
+vigilance it was determined, that the first discoverer of land should
+receive three reals and a pot of arrack. On the 4th November they saw
+patches of duckweed and a seal, and inferred their vicinity to land. The
+first pilot, Francis Jacobzs, on the 7th, supported by the advice of the
+steersman,<span class='pagenum'><a name="Page_5" id="Page_5">[Pg 5]</a></span> thus delivered his opinion:&mdash;"We should keep to the 44&deg;
+south latitude, until we have passed 150&deg; longitude; then make for
+latitude 40&deg; south, and keeping in that parallel to run eastward to 220&deg;
+longitude, and then steering northward search with the trade wind from
+east to west for the Solomon Islands. We imagine, if we meet with no
+main land till we come to 150&deg; longitude, we must then meet with
+islands." On the 17th, they were in latitude 44&deg; 15' and longitude 147&deg;
+3': they concluded that they had already passed the south land then
+known. On the 22nd they found their compass was not still within eight
+points, which they attributed to the influence of loadstone, and which
+kept the needle in continual motion. On the 24th, at noon, they found
+their latitude 42&deg; 25' south, longitude 163&deg; 31': in the afternoon, at 4
+o'clock, they observed land, Point Hibbs, bearing east by north. The
+land was high, and towards evening they saw lofty mountains to the east
+south-east, and to the north-east two smaller mountains: here their
+compass stood right. They resolved to run off five hours to sea, and
+then to run back towards the land. On the 25th, the morning was calm,
+and at 5 o'clock they were within three miles of the shore, and had
+soundings at sixty fathoms. They approached a level coast, and reckoned
+their latitude 42&deg; 30', and middle longitude 163&deg; 50'. On this day they
+named their discovery: "we called it Anthony Van Diemen's Land, in honor
+of our high magistrate and governor-general, and the islands near
+(Boreels) we named in honor of the council of India, as you may see by
+the little map we made." Next day they lost sight of land. They fixed
+the longitude 163&deg; 50', and gave orders to the master of the <i>Zeehaan</i>
+to adopt that reckoning. On the 28th land reappeared, and in the evening
+they came near three small islands, one of which they thought like the
+head of a lion (Mewstone, of Furneaux). On the following morning they
+passed two cliffs, one (the Swilly, of Furneaux) like the Pedra Branca,
+near the coast of China; the other, the eastern cliff, resembling a high
+misshapen tower (the Eddystone, of Cook). Between the cliff and the main
+land they passed, until they came almost to Storm Bay, where they found
+it impossible to anchor, and were driven by the wind to sea&mdash;so far,
+that land could scarcely be sighted in the morning. In the afternoon of
+the 1st December, they anchored in a good port (marked Frederick Hendrik
+Bay in the chart), with twenty-two fathoms water, and bottom of fine
+light grey sand.</p>
+
+<p>On the following morning the boats were despatched to<span class='pagenum'><a name="Page_6" id="Page_6">[Pg 6]</a></span> the shore: on
+their return, the steersman informed them that they had heard the sound
+of voices, and of a little gong; but saw no one. They remarked two
+trees, sixty feet from the ground to the branches, and two and a-half in
+circumference: the bark taken off with flint stones, and steps cut to
+climb for birds' nests, full five feet from each other, and indicative
+of a very tall people. They saw marks, such as are left by the claws of
+a tiger, and brought on board the excrements of some quadruped; gum lac,
+which dropped from trees, and greens "which might be used in place of
+wormwood." They saw people at the east corner of the bay:<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a> they found
+no fish, except mussels: many trees were burned hollow near the ground;
+they were widely separated, and admitted an extensive view.</p>
+
+<p>On the 3rd, they went to a little bay, south-west from their ships, in
+search of water: the surf prevented their landing, but the carpenter
+swam on shore; and near four remarkable trees, standing in the form of a
+crescent, he erected a post, on which a compass was carved, and left the
+Prince's flag flying upon it.<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a> "When the said carpenter had done this
+in the sight of me, Abel Jans Tasman, of the master Jerit Zanzoon, and
+under merchant Abraham Coomans, we went in the shallop as near as
+possible, and the said carpenter swam back through the surf. We then
+returned on board, and left this memorial to the posterity of the
+inhabitants. They did not show themselves, and we suspected some to be
+not far from thence, and watching carefully our doings." The last object
+they noticed was a large round mountain (St. Patrick's Head), on the
+eastern coast, of which they lost sight on the 5th December.</p>
+
+<p>From Van Diemen's Land they proceeded to New Zealand, where by an
+encounter with the natives several lives were lost: thence they passed
+Tongataboo, Amsterdam, and Rotterdam, and arrived at Batavia on the 15th
+June, 1643. Tasman closes his journal with his usual devotion: "God be
+praised for this happy voyage. Amen."<span class='pagenum'><a name="Page_7" id="Page_7">[Pg 7]</a></span></p>
+
+<p>That Maria Island was named after the daughter of Van Diemen, and that
+Tasman went over the ocean writing down her name in the imperishable
+records of his discoveries, is a pleasing tale; but the evidence on
+which it rests is far from conclusive. Thus at Amsterdam he called the
+anchorage Van Diemen's Road, and where the boats went for water Maria's
+Bay, "in honor of our governor-general and his lady." That a daughter of
+the same name existed is not improbable, but who can tell whether the
+Maria Island of Tasmania's coast was named in complaisance to the
+daughter, or to conciliate the mother! In hope to confirm the agreeable
+fiction the journal of Tasman has been examined, but in vain.</p>
+
+<p>The spirit of discovery revived in Europe after a long slumber; and a
+succession of illustrious navigators, in their passage to regions deemed
+more important, touched at Van Diemen's Land, and thus rapidly developed
+its geography. After Tasman, the next visitor was Captain Marion, of the
+<i>Mascarin and Castries</i>, who in 1772 arrived from the Mauritius, in
+search of the "southern continent," then the grand object of nautical
+inquiry, and anchored in Frederick Hendrik Bay, the 4th March. The visit
+is chiefly memorable for a fatal collision with the natives, who,
+according to the French, exhibited uncommon ferocity. On his stepping on
+shore they offered Captain Marion a fire stick, which he supposed a
+ceremony of friendship; but when he lighted a heap of wood, as he
+imagined in compliance with their custom, they retired to a hill, and
+threw a shower of stones. The French fired their muskets, and the
+natives fled: their pursuers found in the wood a dying savage&mdash;the first
+victim of European intrusion. Marion and some others were injured
+slightly by the missiles of the natives, and a black servant was wounded
+by a spear.</p>
+
+<p>The remarks they made are of no great value: they entered the country,
+and saw everywhere the effects of fire, which they supposed was intended
+to drive wild animals from the coast. They could not discover a tree
+suitable for a mast, and were unsuccessful in obtaining water. A small
+map, which sketched the form of the coast with considerable exactness,
+accompanied the account of this voyage, and tended to awaken the French
+to the importance of these seas.</p>
+
+<p>The next visit was accidental, but most important: Captain Cook, in
+1772, left Great Britain to explore the icy region near the Pole. There
+the vessels separated in a<span class='pagenum'><a name="Page_8" id="Page_8">[Pg 8]</a></span> fog: they were unable to rejoin, and while
+Cook proceeded to New Zealand in the <i>Resolution</i>, Captain Tobias
+Furneaux, his second in command, touched at Van Diemen's Land in the
+<i>Adventure</i>. He made the south-west cape on the 9th of March, 1773,
+exactly one year after Marion left the island. After passing the
+Mewstone, a boat's crew sent on shore reported favorably of the country,
+and that they had seen beautiful cascades pouring from rocks two hundred
+feet high. Finding no anchorage, Furneaux passed the black rocks (the
+Boreels of Tasman), which he called the Friars, and discovered Adventure
+Bay, which is separated from Storm Bay by Cape Frederick Henry. There
+they found anchorage in seven fathoms, within half a mile of either
+shore, and obtained wood and water in abundance. The numerous islets and
+tortuous navigation of the coasts led Furneaux into several errors. To
+discuss them would tire the patience of nine readers in ten, and afford
+no pleasure to the tenth.</p>
+
+<p>The <i>Adventure</i> sailed along the eastern coast to the latitude of 40&deg;
+50', where Furneaux observed the land turned towards the westward. He,
+however, narrowly missed the discovery of the straits, and turned off
+for New Zealand, convinced "that there was no strait between New Holland
+and Van Diemen's Land, but a very deep bay." The impression he adopted,
+he conveyed to Captain Cook, who had intended to visit Van Diemen's Land
+for the solution of this geographical problem, which now he considered
+determined.<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a></p>
+
+<p>On his third and final voyage to the Pacific, Captain Cook touched at
+Van Diemen's Land in the <i>Resolution</i>, then accompanied by Captain
+Clerke. He sighted the island bearing north-west half-west, distant
+three leagues from Mewstone. A neighbouring rock, unnoticed by Furneaux,
+he called the Eddystone, from its resemblance to an English lighthouse
+of that name. Detained by calms, he did not reach Adventure Bay until
+the 26th, where at 4 <span class="smcap">P.M</span>. he dropped anchor in twelve fathoms, within a
+mile of the shore. The officers were delighted with the country, and
+particularly with its gigantic forests. Mr. Anderson, the surgeon, spent
+his leisure wandering on the beach of Adventure Bay; angling in a lake,
+or ascending the neighbouring hills.<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a> Captain Cook left swine on the
+shore, which were<span class='pagenum'><a name="Page_9" id="Page_9">[Pg 9]</a></span> driven into the bush when the natives were not
+present; in the hope they might escape them, and thus add to the
+resources of the country. He departed on the 30th for New Zealand. The
+account left by Cook is chiefly interesting for its description of the
+natives, and will be noticed in the history of that unfortunate people.</p>
+
+<p>On the 3rd July, 1789, the brig <i>Mercury</i>, John Henry Cox, master,
+entered a deep bay on the south side of Van Diemen's Land, and was about
+ten miles from the Mewstone: attempting Adventure Bay, he was carried to
+the eastward, and afterwards accidentally discovered Oyster Bay.</p>
+
+<p>Captain Wm. Bligh, subsequently governor of New South Wales, touched at
+Van Diemen's Land in 1788, when on his voyage to Tahiti, whence he was
+instructed to convey the bread fruit tree to the West India Islands. His
+object was frustrated by the mutiny of his crew; and after a passage in
+an open boat, attended with extraordinary perils, he reached Great
+Britain. The <i>Providence</i> and <i>Assistant</i> were placed under his command:
+he was sent on the same errand, in which he was successful, and
+re-appeared in Adventure Bay in 1792. During his stay he planted several
+fruit trees, acorns, and vegetables.</p>
+
+<p>An inscription found by the French crew on a tree, signified that near
+by, "Captain William Bligh planted seven fruit trees: Messrs. T. and W.,
+botanists." They consisted of one fig, two pomegranates, and four
+quinces. An apple tree was found by Labillardi&egrave;re on the coast. They
+doubtless all perished. The Frenchman was greatly scandalised by the
+despotism which condemned men of science to initials, and gave a sea
+captain a monopoly of fame.</p>
+
+<p>This celebrated naturalist was attached to the expedition of
+Rear-Admiral Brun&eacute; D'Entrecasteaux, sent out by the government of France
+to ascertain the fate of La Perouse, whose amiable reputation
+conciliated the good-will of all parties. Although concluded that the
+vessel he commanded must be lost, it was fondly hoped that he still
+survived. The national assembly paused in the midst of its conflict with
+the king, to request that vessels might be dis<span class='pagenum'><a name="Page_10" id="Page_10">[Pg 10]</a></span>patched, and rewards
+offered, for his relief. In his decree, Louis XVI. describes the
+expedition as intended, beyond its primary design, to perfect the
+description of the globe. On the day the first colonists of New South
+Wales entered Port Jackson, the expedition of La Perouse was seen by the
+astonished English approaching the coast. After an interchange of those
+civilities which dignify the intercourse of polished nations, he left
+New Holland.</p>
+
+<p>In a letter, dated September, 1787, Perouse stated his intention "to
+employ six months in visiting the Friendly Islands to procure
+refreshments; the south-west coast of Mendana, the land of the
+Arsacides, with that of Louisiade, as far as New Guinea."<a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">[7]</a></p>
+
+<p>Many years after, relics were recovered, which demonstrated the vicinity
+of his misfortunes. A lascar informed Captain Peter Dillon, of the East
+India Company's service, that two Frenchmen survived at Manicola; he
+therefore visited the island, where he found several relics of the lost
+admiral, although the Frenchmen were dead; among the rest his sword
+guard, marked with his cypher.<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">[8]</a> Dillon was honored by the French
+government with the title of Chevalier, and received a pension.</p>
+
+<p>In 1792, D'Entrecasteaux in the <i>Recherche</i>, and Captain Huon Kermandee
+in the <i>Esperance</i>, reached Van Diemen's Land. On the 20th April, when
+looking for Adventure Bay, they discovered the channel which bears the
+name of D'Entrecasteaux. They remained a month, when they departed on
+their search, and returned on the 20th January, 1793, to complete their
+observations. They found that the channel extended to the Storm Bay of
+Tasman: they entered and named the Huon, and the Riv&egrave;re du Nord, now the
+Derwent, and examined the different harbours. Their charts are said to
+exhibit the finest specimen of marine surveying ever made<span class='pagenum'><a name="Page_11" id="Page_11">[Pg 11]</a></span> in a new
+country.<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">[9]</a> Of D'Entrecasteaux's Channel, then deemed the most important
+discovery since the time of Tasman, Rossel, who recorded the events of
+the voyage, writes with rapture:&mdash;"A harbour, twenty-four miles in
+length, and equally safe in every part. Such a retreat, in a gulph which
+bears the menacing name of Storm Bay, is a luxury that, to be able to
+express, must be felt."</p>
+
+<p>Captain John Hayes, of the Bombay marine, with the private ships <i>Duke</i>
+and <i>Duchess</i>, examined Storm Bay and D'Entrecasteaux's Channel, in
+1794. He passed up the Riv&egrave;re du Nord much farther than the French,
+which he called the Derwent; and in his passage affixed names to various
+places, which have effaced those given by the original French
+discoverers&mdash;whose survey, however, to the extent of their navigation,
+was more correct than his own.</p>
+
+<p>The form of Van Diemen's Land had long been a nautical problem. Captain
+Hunter, observing the swell of the ocean, deemed the existence of a
+strait highly probable. Mr. George Bass, surgeon of the royal navy, a
+gentleman to whom his generous friend Flinders refers with great
+admiration, resolved to test the conjecture. He had already given proof
+of intrepidity: in company with Flinders and a boy, he embarked in a
+boat, eight feet long, called <i>Tom Thumb</i>. After escaping great dangers,
+they returned to Port Jackson with valuable information respecting the
+coast.</p>
+
+<p>In 1798, Bass obtained from Governor Hunter a six-oared whale boat, six
+men, and six weeks provisions: with this outfit he proceeded along the
+eastern coast of New Holland, occasionally landing and obtaining
+supplies, which enabled him to prolong his absence to eleven weeks. He
+continued his course until the agitation of the water convinced him that
+the open sea was not far distant: he discovered Western Port, and a
+country of great attraction. He explored six hundred miles of coast,
+one-half of which was hitherto unknown; an enterprise beyond example in
+nautical adventure, and entitling him to that renown which belongs to
+his name.</p>
+
+<p>To test this discovery, the governor authorised Lieutenant Flinders and
+Mr. Bass to sail through the strait in the <i>Norfolk</i>, a colonial sloop,
+of 25 tons. Twelve weeks only were allowed for the voyage, which
+compelled the navigators to content themselves with a cursory survey.</p>
+
+<p>In October, 1798, they left Port Jackson: after spending<span class='pagenum'><a name="Page_12" id="Page_12">[Pg 12]</a></span> some time
+among the islands which crowd the straits, they sighted Cape Portland, a
+name given it in honor of the Duke of Portland, then secretary for the
+colonies; thence they passed Port Waterhouse, so called after the
+captain of the <i>Reliance</i>. The first important discovery was Port
+Dalrymple, called after the hydrographer of the admiralty, Alexander
+Dalrymple.<a name="FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">[10]</a> Green Isle, Western Arm, Middle Island, Whirlpool Reach,
+Swan Point, and Crescent Shore, preserve memorials of the visit in their
+designations.</p>
+
+<p>They reported Port Dalrymple an excellent place for refreshments: black
+swans, whose quills covered the beach in countless thousands; kangaroos,
+of the forest kind; flocks of ducks and teal, and mussels and oysters,
+were found in abundance.</p>
+
+<p>Proceeding along the coast, they came to a headland, which they called
+Circular Head, from its resemblance to a Christmas cake. They now
+approached the solution of the question which had dictated their voyage.
+They remarked a long swell from the south-west breaking on the western
+shore: they hailed it with joy and mutual gratulation, and passed in
+safety the clustering islets in their course: the extreme north-west
+they called Cape Grim. Proceeding round the western coast, they observed
+the mountains noticed by Tasman when he visited the island, which in
+memory of his vessels they called Mount Heemskirk and Mount Zeehaan.
+They named Point Hibbs after the master of the <i>Norfolk</i>. The
+discoveries of Flinders here may be said to terminate, until he
+proceeded up the Derwent.</p>
+
+<p>The utility of the strait was highly rated. It secured perpetual renown
+to Bass, whose name it bears: this was given by Governor Hunter at the
+recommendation of Flinders, whose candour is always conspicuous in
+awarding the palm of discovery to those to whom it is due! Not only does
+the strait curtail a voyage from the Cape by four degrees, but vessels
+avoid the winds which obstruct navigation round the South Cape and Cape
+Pillar of Van Diemen's Land, which prolong the passage several days; a
+point of great importance in the conveyance of passengers.</p>
+
+<p>The <i>Norfolk</i> steered into the Derwent by the chart of Hayes. Both
+Flinders and Bass observe, with indignation, how creeks are magnified
+into rivers, coves into bays, and a<span class='pagenum'><a name="Page_13" id="Page_13">[Pg 13]</a></span> few acres into plains: as Risdon
+River, Prince of Wales's Bay, and King George's Plains. They corrected
+his definitions, but left him the honors of discovery. Flinders
+proceeded to Herdsman's Cove, which he so distinguished for its
+extensive pasture and plentiful waters.</p>
+
+<p>Bass depicts the Derwent as a dull and lifeless stream, respectable only
+because the Tasmanian rivers are insignificant!<a name="FNanchor_11_11" id="FNanchor_11_11"></a><a href="#Footnote_11_11" class="fnanchor">[11]</a> To a bay they
+entered on the western side of Tasman's Peninsula, they gave the name of
+their vessel, which was built at Norfolk Island, of the pine peculiar to
+that place.</p>
+
+<p>Flinders continued, after the departure of Bass, to prosecute researches
+on the coast of New Holland, until the <i>Reliance</i> returned home. In that
+vessel his charts were conveyed, and were published. On a plan being
+offered by Sir Joseph Banks for completing the survey, the
+<i>Investigator</i> was placed under the command of Flinders, who was
+promoted to the rank of commander, furnished with a chosen crew, and
+attended by Westall, a painter, and Brown, a naturalist whose collection
+added largely to his department of science. Flinders received a passport
+from the French government, expressed with the usual amplitude. It
+inhibited all vessels of war from molesting the <i>Investigator</i>, and gave
+right of entry to all ports subject to France, for refitting or
+refreshment, on condition that nothing were done hostile to that power.
+This protection was demanded by Lord Hawksbury, of M. Otto, the
+celebrated representative of the Republic in England. Flinders had
+proposed to visit Van Diemen's Land, but had been partly anticipated by
+the <i>Lady Nelson</i>, sent from England to be employed as tender to the
+<i>Investigator</i>, and fitted with a keel suited to shallow waters. Brown,
+the naturalist, remained some time after the expedition was interrupted.
+He wandered on the banks of the Derwent and Tamar, collecting shrubs and
+flowers during a stay of several months; and although some specimens of
+plants were lost in the <i>Porpoise</i>, not one out of 3,900 species was
+wanting.<a name="FNanchor_12_12" id="FNanchor_12_12"></a><a href="#Footnote_12_12" class="fnanchor">[12]</a></p>
+
+<p>In June, 1803, Flinders passed the north coast of Van Diemen's Land:
+eighteen men were lying in their hammocks almost hopeless of recovery,
+some of whom died before the vessel entered Port Jackson, and several
+afterwards. A survey was instantly held, and the <i>Investigator</i> was
+con<span class='pagenum'><a name="Page_14" id="Page_14">[Pg 14]</a></span>demned: the hull was found rotten, both plank and timbers, and it
+was declared that reparation was impossible. On inspecting her
+condition, Flinders expressed great astonishment, and remarked that a
+hard gale must have sent her to the bottom.<a name="FNanchor_13_13" id="FNanchor_13_13"></a><a href="#Footnote_13_13" class="fnanchor">[13]</a></p>
+
+<p>The volumes of Captain Flinders, though of vast scientific worth, are
+not greatly interesting to the general reader, except when he tells of
+his trials, which were many. His work was patronised by the admiralty,
+and he had the prospect of reward; but on the day of publication, fame
+ceased to be valuable to him,<a name="FNanchor_14_14" id="FNanchor_14_14"></a><a href="#Footnote_14_14" class="fnanchor">[14]</a>&mdash;he cast that anchor which is never
+weighed.</p>
+
+<p>A long imprisonment in the Isle of France, and the mental anxiety
+inseparable from a strong sense of injustice, it is said, destroyed him.
+His case may be told in few words: the <i>Investigator</i> was condemned as
+unfit for service, and Flinders embarked at Port Jackson on board the
+<i>Porpoise</i>, in company with the <i>Cato</i> and the <i>Bridgewater</i>. When
+passing through Torres Straits, at between eight and nine knots, they
+saw breakers a-head. Before signals could be made, the other vessels
+were seen hastening to the same destruction. They hauled to the wind
+across each other; a collision seemed inevitable: a death-like silence
+prevailed during the awful crisis; but happily they passed off side by
+side. Instantly, however, the <i>Cato</i> struck on the reef, and was totally
+lost. All hands were preserved, except three boys; of these, one spent
+the night on a spar, bewailing his unhappy lot: four times he had
+embarked in different vessels, and each time had been wrecked; this was
+the last, for before morning he disappeared. The <i>Bridgewater</i> was yet
+safe: she was seen at dawn; but while awaiting her help, the captain,
+with a selfishness happily not common&mdash;without even sending a boat to
+pick up a cast-away&mdash;proceeded on his voyage.<a name="FNanchor_15_15" id="FNanchor_15_15"></a><a href="#Footnote_15_15" class="fnanchor">[15]</a> He reached India in
+safety; sailed for Europe, and was never heard of more: the people he
+had abandoned were all rescued.</p>
+
+<p>This was effected by Flinders. A cutter was built and provisioned from
+the stores saved on the reef: in this, which he called the <i>Hope</i>, he
+set out for Port Jackson, 750 miles<span class='pagenum'><a name="Page_15" id="Page_15">[Pg 15]</a></span> distant. There he obtained the
+assistance of two vessels, beside the <i>Cumberland</i>, a colonial schooner
+of 29 tons. The inhabitants, unsolicited, sent many presents to the
+sufferers, who soon hailed the arrival of Flinders with rapturous
+cheers.</p>
+
+<p>Having performed this duty, he proceeded towards England in the
+<i>Cumberland</i>, with seven men and three officers; but finding that she
+was unable to bear the voyage, he resolved to confide in the honor of
+the French, and present his passport at the Mauritius. There he was
+detained a prisoner six years; first charged with imposture, then
+treated as a spy; and when these imputations were refuted, he was
+accused of violating his passport. The French had found in his journal a
+wish dotted down to examine the state of that settlement, written when a
+stranger to the renewal of war. Some doubt seems to have been really
+entertained, for the moment, respecting him; but his long detention
+after his release was promised, was ascribed to the ambition of
+Napoleon, and the dishonesty of the French Institute, who from Flinders'
+papers were appropriating to Baudin the honor of discoveries he never
+himself claimed.</p>
+
+<p>Before the <i>Investigator</i> left England, the <i>Geographe</i> and
+<i>Naturaliste</i>, under Captains Baudin and Hamelin, visited this island.
+During a pause in the hostilities of Europe, the French government
+obtained from Mr. Addington, then premier, a safe conduct for this
+expedition. The terms granted entitled them to freedom from search; to
+supplies in any English colony, notwithstanding the contingency of war:
+it being well said by the French, that the promoters of scientific
+knowledge were the common benefactors of mankind. While Flinders was
+prosecuting his voyage he met Baudin on the coast of New Holland, at a
+place thence called Encounter Bay. The interview was civil, rather than
+cordial; both nations were competitors in science, and rivals are rarely
+kind. Yet the suffering of the French may be mentioned with pity: of
+twenty-three scientific men who accompanied the expedition, three only
+survived. The vessels were ill-provisioned, the water corrupt, and they
+encountered fearful tempests, in attempting to circumnavigate this
+island.</p>
+
+<p>Captain Baudin had been directed by his government to examine the
+eastern coast of Van Diemen's Land, the discoveries of D'Entrecasteaux,
+and the channels and rivers of the coast. The surgeon of the
+<i>Geographe</i>, Monge, fell by an attack of the natives, and was buried on
+the spot which<span class='pagenum'><a name="Page_16" id="Page_16">[Pg 16]</a></span> bears his name.<a name="FNanchor_16_16" id="FNanchor_16_16"></a><a href="#Footnote_16_16" class="fnanchor">[16]</a> The French surveyed the eastern
+coast, and finally determined the position of the Frederick Henry Bay of
+Tasman. They examined the intricacies which had escaped the observation
+of earlier navigators, who erroneously numbered the islands on their
+charts, and thus overlooked the bays. They coasted between the main and
+the Schoutens, and gave the name of Fleurieu to the Oyster Bay of Cox.
+They then passed through a strait heretofore unnoticed, which divides
+the Schoutens and Freycinet's Peninsula. Their survey was minute, and
+sometimes three boats were employed in different directions. The French
+vessels parted company, and the <i>Naturaliste</i>, after a long search for
+her consort, proceeded to New South Wales.</p>
+
+<p>Baudin, of the <i>Geographe</i>, was far more unfortunate. Having touched at
+his land of Napoleon, instead of returning through Bass's Strait to Port
+Jackson, he resolved to pass the south cape of Van Diemen's Land.
+Throughout the passage he experienced the most fearful storms: the
+darkness at night often prevented the execution of naval manoeuvres, and
+the vessel was drenched with water. The condition of the crew was
+terrible; "cries of agony made the air ring:" four only, including the
+officers of the watch, were able to keep the decks. After beating about
+Port Jackson for several days, a boat appeared which had been dispatched
+by the governor, who saw the French were unable to manage the vessel. By
+a change of diet, they speedily recovered.</p>
+
+<p>When at Port Jackson, Flinders showed his discoveries to the French, who
+admitted the justice of his prior claim, but with little sincerity.</p>
+
+<p>M. Baudin died: Captain Hamilin, of the <i>Naturaliste</i>, returned to the
+Mauritius. He eulogised the conduct of the colonists to
+extravagance;<a name="FNanchor_17_17" id="FNanchor_17_17"></a><a href="#Footnote_17_17" class="fnanchor">[17]</a> but it is mortifying to find, that<span class='pagenum'><a name="Page_17" id="Page_17">[Pg 17]</a></span> soon after, having
+captured a small English settlement, he burned the property he could not
+carry off; and invited upon deck the ladies, his prisoners, to witness
+the devastations of their late peaceful dwellings.</p>
+
+<p>The misfortunes of the distinguished navigators, whose success has been
+recorded, fully equalled their fame. The fate of Cook belongs to a story
+which mingles with our early remembrance. A child need scarcely be told,
+that after a career eminently glorious to his country and profession,
+while attempting to restrain his men who were firing to protect him, he
+fell by the dagger of a savage.</p>
+
+<p>His colleague, Captain Clerke, who attended him through all his
+expeditions, did not long survive him. Resolved to complete his
+instructions, he remained in the neighbourhood of Kamschatka, which
+hastened the crisis of a consumption. He was buried beneath a tree at
+the harbour of St. Peter and St. Paul, and an inscription pointed to his
+grave.<a name="FNanchor_18_18" id="FNanchor_18_18"></a><a href="#Footnote_18_18" class="fnanchor">[18]</a> This was found by M. Perouse defaced, who restored it. On his
+arrival at Botany Bay, he interred the naturalist of his expedition: the
+memorial he set up was destroyed by the natives, and Governor Phillip
+repaid, by the substitution of another, the honor done to his own
+countryman.<a name="FNanchor_19_19" id="FNanchor_19_19"></a><a href="#Footnote_19_19" class="fnanchor">[19]</a></p>
+
+<p>De L'Angle, the companion of Perouse, with eleven officers and men, lost
+their lives by a misunderstanding at the Navigators' Isles: the manner
+of his own death may be inferred from the native tradition.<span class='pagenum'><a name="Page_18" id="Page_18">[Pg 18]</a></span><a name="FNanchor_20_20" id="FNanchor_20_20"></a><a href="#Footnote_20_20" class="fnanchor">[20]</a></p>
+
+<p>The end of D'Entrecasteaux and Huon, was hardly less melancholy: both
+commanders were buried by their crews; the admiral at Louisiade, and
+Huon at New Caledonia. The vessels were detained by the Dutch at Java,
+and many of the seamen died in captivity. There the calamities of their
+country became known to them: some sided with the royalists, others with
+the jacobins, but few regained their native land; among these, however,
+was Labillardi&egrave;re.<a name="FNanchor_21_21" id="FNanchor_21_21"></a><a href="#Footnote_21_21" class="fnanchor">[21]</a></p>
+
+<p>The fate of Captain Flinders is already told; that of Dr. Bass is
+involved in obscurity. A rumour that he was alive in 1812, in South
+America, was circulated in London.<a name="FNanchor_22_22" id="FNanchor_22_22"></a><a href="#Footnote_22_22" class="fnanchor">[22]</a> In the colonies it was reported,
+that the vessel in his charge foundered at sea; others alleged that he
+attempted a contraband trade in the Spanish colonies, was taken
+prisoner, and with his companions sent to the quicksilver mines, and
+there died.<a name="FNanchor_23_23" id="FNanchor_23_23"></a><a href="#Footnote_23_23" class="fnanchor">[23]</a></p>
+
+<p>The whale-boat of Bass, which first swept the waters of<span class='pagenum'><a name="Page_19" id="Page_19">[Pg 19]</a></span> the strait, was
+long preserved at Port Jackson. Of its keel snuff boxes were wrought,
+and regarded as valuable relics. A fragment, mounted with silver,
+engraven with the particulars of the passage, was presented to M.
+Baudin, as a memorial of the man whose example had stimulated colonial
+discovery.</p>
+
+<p>Flinders<a name="FNanchor_24_24" id="FNanchor_24_24"></a><a href="#Footnote_24_24" class="fnanchor">[24]</a> predicted that the name of Bass would be conspicuous among
+the benefactors of mankind: the glory of his own will enlarge with the
+value of his discoveries. They resulted not from accident, which may
+give reputation to success without merit, but were the reward of prudent
+enthusiasm. A small community cannot, indeed, rear a monument worthy the
+destinies of their names: private memorials may be perishable, like the
+sympathies which inscribed them, but a future and opulent era will
+display the moral grandeur of their enterprise, and posterity will pay
+public honors to their fame.</p>
+
+<p>At the cost of &pound;250, Sir John Franklin erected an obelisk on the rock of
+Stamford Hill, Port Lincoln, with the following inscription:&mdash;</p>
+
+<p style="text-align: center">
+This place,<br />
+from which the gulf and its shores<br />
+were first surveyed,<br />
+on the 26th of Feb., 1802, by<br />
+MATTHEW FLINDERS, R. N..<br />
+commander of H.M.S. <i>Investigator</i>,<br />
+and the discoverer of the country now called South Australia,<br />
+was<br />
+on 12th Jan., 1841,<br />
+with the sanction of Lieut.-Colonel <span class="smcap">Gawler, K.H.,</span><br />
+then Governor of the Colony, then set apart for,<br />
+and in the first year of the<br />
+Government of Captain G. <span class="smcap">Grey,</span><br />
+adorned with this monument,<br />
+to the perpetual memory of the illustrious navigator,<br />
+his honoured commander,<br />
+by <span class="smcap">John Franklin, Captain R.N., K.C.H., K.R.,</span> Lt.-Governor of<br />
+Van Diemen's Land.<br />
+</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> The following is its title:&mdash;<i>Journal of Discovery, by me,
+Abel Jans Tasman, of a Voyage from Batavia for making discoveries of the
+unknown South Land</i>, 1642.&mdash;<i>Burney's Chronological History</i>, 1813.</p></div>
+
+<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> Discovered in the year 1505, by Don Pedro Mascarequas, a
+Spanish navigator: he gave it the name of "Cern&eacute;." It was uninhabited,
+and destitute of every species of quadruped. In 1598 it was visited by
+the Dutch Admiral Van Neck, who finding it unoccupied gave it its
+present name, in honor of Maurice, Prince of Holland. In 1601 a
+Frenchman was found on the island by a Dutch captain. He had been left
+by an English vessel, and had remained two years subsisting on turtle
+and dates: his understanding was impaired by his long solitude. The
+Dutch had a small fort, when it was visited by Tasman, which is
+represented in the drawings that illustrated his journal. The Dutch
+afterwards abandoned the island, and it has passed through many changes,
+until it was conquered by Great Britain.&mdash;<i>Grant's History of the
+Mauritius.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> Probably their fires: had they seen them, they could not
+have fallen into error respecting their height.</p></div>
+
+<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> "The same romantic little rock, with its fringe of grey
+ironstone shingle, still shelters itself under the castellated cliffs of
+trap rock, on its northern and southern horns; embosomed in its
+innermost recesses by a noble forest, whose green shades encroach upon
+the verge of the ocean. It is less than half-a-mile across, and nearer
+its northern than its southern extremity, the sea has cast up a key of
+large grey rounded ironstone, which interrupts the equal curve of the
+beach, and doubtless marks the spot where the ship's carpenter swam
+ashore."&mdash;<i>Gell's Remarks on the First Discovery: Tasmanian Journal</i>,
+vol. ii. p. 327.</p></div>
+
+<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> <i>Cook's Voyages</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> A folio edition of <i>Cook's Voyages</i>, published in the last
+century, at the "King's Arms," Paternoster-row, London, contains the
+following sentence, which, as perhaps the first example of invention in
+reference to the country, may deserve remembrance:&mdash;"Stately groves,
+rivers, and lawns, of vast extent." "Thickets full of birds of the most
+beautiful plumage, of <i>various notes, whose melody was truly
+enchanting</i>. It was <i>now</i> the time (29th January!) when nature poured
+forth her luxuriant exuberance, to clothe this country with rich
+variety."&mdash;Vol. ii. p. 425.</p></div>
+
+<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> <i>Voyage of Perouse</i> (translation). London, 1799.
+</p><p>
+Letters buried in a bottle, beneath a tree in Adventure Bay, were found
+by Captain Bunker, of the <i>Venus</i>, in 1809, to which he was directed by
+the words, still legible, "dig underneath;" and supposed, from his
+imperfect knowledge of the language, that they were left by Perouse. In
+this he was mistaken: they were deposited by D'Entrecasteaux, at his
+second visit. <i>Bent's Almanack</i>, 1828, adopted Bunker's mistake: it was
+copied by Mr. Widowson, who adds&mdash;"these letters were dated one month
+after his departure from Port Jackson, and led to the opinion that the
+expedition must have perished on some reef of Van Diemen's Land. In
+consequence of this idea, the French government in 1791," &amp;c. The first
+mistake can be allowed for; but not that a discovery of letters in 1809,
+prompted an expedition in 1791.</p></div>
+
+<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> <i>Hobart Town Gazette</i>, 1827.</p></div>
+
+<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> <i>Flinders' Introduction, &amp;c.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">[10]</span></a>
+</p><p>
+Position of Low Head:&mdash;Lat. 41&deg;  3' 30" S.<br />
+<span style="margin-left: 10.5em;">Long. 146&deg; 48' 15" E.&mdash;<i>Flinders</i>.</span><br />
+</p></div>
+
+<div class="footnote"><p><a name="Footnote_11_11" id="Footnote_11_11"></a><a href="#FNanchor_11_11"><span class="label">[11]</span></a> <i>Collins</i>, vol. ii. p. 183.</p></div>
+
+<div class="footnote"><p><a name="Footnote_12_12" id="Footnote_12_12"></a><a href="#FNanchor_12_12"><span class="label">[12]</span></a> <i>Remarks by Robert Brown, F.R.S. Appendix to Flinders</i>,
+vol. ii. p. 533.</p></div>
+
+<div class="footnote"><p><a name="Footnote_13_13" id="Footnote_13_13"></a><a href="#FNanchor_13_13"><span class="label">[13]</span></a> <i>Flinders</i>, vol. ii. p. 275. Jorgenson, the Dane, who was
+a seaman on board the <i>Lady Nelson</i>, tender to the <i>Investigator</i>,
+stated, in his rattling way, that she was in good condition, and
+absurdly insinuated foul play. The <i>Investigator</i> was cut down, and
+returned to Europe in charge of Captain Kent, R.N.</p></div>
+
+<div class="footnote"><p><a name="Footnote_14_14" id="Footnote_14_14"></a><a href="#FNanchor_14_14"><span class="label">[14]</span></a> <i>Quarterly Review</i>, 1814.</p></div>
+
+<div class="footnote"><p><a name="Footnote_15_15" id="Footnote_15_15"></a><a href="#FNanchor_15_15"><span class="label">[15]</span></a> See <i>Flinders</i>, vol. i. p. 305.</p></div>
+
+<div class="footnote"><p><a name="Footnote_16_16" id="Footnote_16_16"></a><a href="#FNanchor_16_16"><span class="label">[16]</span></a> This statement, after Rev. Mr. Gell, is erroneous. Moug&eacute;
+died from diseases occasioned by the climate of Timor, and the hardships
+of the voyage (See Peron's work). He arrived in an exhausted and
+consumptive state: when he attempted to land (20th January, 1802), he
+fainted, and was instantly conveyed on board. He went no more on shore,
+but to the grave. He was buried at the foot of a tree, at Maria Island,
+and the name Point Moug&eacute; was given to the spot.
+</p><p>
+On the 17th January, the French were attacked by natives at Swan Port,
+and Moug&eacute; was probably of the party. A native attempted to snatch the
+drawings; "then to strike down our weak friend, when he was prevented by
+those who ran to his assistance." The French say, they loaded them with
+favors, and did not avenge this violence. It is, no doubt, this account
+which Mr. Gell confused with the death of Moug&eacute;.</p></div>
+
+<div class="footnote"><p><a name="Footnote_17_17" id="Footnote_17_17"></a><a href="#FNanchor_17_17"><span class="label">[17]</span></a> "The famous northern confederacy placed England on the
+verge of destruction, and Captain Hamilin had reason to fear that he
+should not have been allowed to remain in port, or at least should be
+refused succour; but the English received him with liberality, <i>grande
+et loyale</i>: the first houses at Port Jackson were open, and the whole
+resources of the colony were at the disposal of the French captain."
+"Oftentime did they repeat that excellent maxim, that France first
+inscribed on the code of nations: <i>causa scientiarum causa
+populorum</i>"&mdash;the cause of science is the people's cause. So writes M.
+Peron; but the benefit of these sentiments was denied Captain Flinders.</p></div>
+
+<div class="footnote"><p><a name="Footnote_18_18" id="Footnote_18_18"></a><a href="#FNanchor_18_18"><span class="label">[18]</span></a> <i>Cook's Voyages.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_19_19" id="Footnote_19_19"></a><a href="#FNanchor_19_19"><span class="label">[19]</span></a> <i>Tench's Narrative</i>, p. 99.</p></div>
+
+<div class="footnote"><p><a name="Footnote_20_20" id="Footnote_20_20"></a><a href="#FNanchor_20_20"><span class="label">[20]</span></a> "The <i>Astrolabe</i>, M. de la Perouse, and the <i>Boussole</i>, M.
+de L'Angle, were lost on the S. W. side of Manicolo. On one stormy
+dismal night, the oldest natives state, the vessels were blown upon a
+reef. One was a complete wreck by day-light, and all hands perished!
+From the other, however, some of the crew managed to effect a landing,
+when many of them were massacred as they gained the shore, the natives
+taking them for white spirits, with long noses (their cocked hats being
+considered a part of the face!). As soon as the unfortunate mariners
+were proved to be human beings, those that had escaped death from the
+waves and the savages were allowed to remain unmolested. A small vessel
+was built from the wrecks, which spot Captain Dillon saw; and as soon as
+the bark was ready, the survivors, with the exception of two, left
+Manicolo, and have never been heard of since! The natives further
+represented, whilst on the island, that the strangers were continually
+looking at the sun, and taking their usual observations. So late as six
+years ago, the two Frenchmen were alive; but one joined a party of the
+natives in a war, who were defeated: the other died at Manicolo about
+three years since. Captain Dillon has secured several nautical
+instruments, many silver spoons, a silver salver, which are all marked
+with the <i>fleur-de-lis</i>; a pair of gold buckles, some China ware, a
+Spanish dollar, a piece of the ornamental work of the stern of a ship
+(with the arms of France) much decayed; several brass sheaves belonging
+to a frigate's topmast, a composition pump, copper cooking utensils, a
+large quantity of iron knees; the silver handle of a sword-guard that
+was taken to Calcutta in the <i>St. Patrick</i>, which led to this important
+discovery, and which bears the ciphers of the unfortunate Count; several
+large brass guns, which were found where one vessel was totally wrecked;
+together with about four or five tons of other valuable and recognisable
+articles. Most of the houses, or huts, were found to have bags suspended
+to their sides, and those contained human sculls in a decaying
+condition; but whether they were of European or aboriginal extraction,
+in the absence of an able phrenologist, could not be
+ascertained."&mdash;<i>Sydney Gazette, January, 1828.</i>
+</p><p>
+The following curious relation, is of a dream of John Maatzuiker, whose
+name is given by Tasman to a rock on the coast. On the 11th of Feb.,
+1662, he dreamed, "that he saw Arnold de Vlaming, member of the council
+of India and admiral of the fleet, who sailed for his native country on
+the 23rd of December, 1661, in extreme danger, and heard him call
+several times for help." The dream was repeated: "he then remained
+awake, noted the day," &amp;c., "sealed it, and gave it to the other members
+of government." "Accounts were brought from the Cape, that the same day
+his ship and some others had sunk with man and mouse." "The paper still
+remains at Batavia, or did twenty years ago."&mdash;<i>Collection of remarkable
+Dreams, by Dr. Wm. Greve.</i> Amsterdam, 1819. The story is taken from <i>Old
+and New West Indies. By Fran&ccedil;ois Valentijn</i>. vol. iv. p. 312.</p></div>
+
+<div class="footnote"><p><a name="Footnote_21_21" id="Footnote_21_21"></a><a href="#FNanchor_21_21"><span class="label">[21]</span></a> Rossel, the editor of <i>D'Entrecasteaux's Voyage</i>, on
+returning homeward was captured by the English, and being a royalist was
+employed in the admiralty; but when emigrants were permitted to return,
+he went home, and was patronised by Napoleon. His account of
+D'Entrecasteaux is more favorable than that in the work of
+Labillardi&egrave;re.</p></div>
+
+<div class="footnote"><p><a name="Footnote_22_22" id="Footnote_22_22"></a><a href="#FNanchor_22_22"><span class="label">[22]</span></a> <i>Penny Cyclop&aelig;dia</i>: art. Bass.</p></div>
+
+<div class="footnote"><p><a name="Footnote_23_23" id="Footnote_23_23"></a><a href="#FNanchor_23_23"><span class="label">[23]</span></a> <i>Ross's Almanack</i>, 1835.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_II" id="SECTION_II"></a>SECTION II</h3>
+
+
+<p>The settlement of New Holland was proposed by Colonel Purry, in 1723: he
+contended that in 33&deg; south, a fertile<span class='pagenum'><a name="Page_20" id="Page_20">[Pg 20]</a></span> region would be found, favorable
+to European colonisation. He offered his theory to the British
+government, then to the Dutch, and afterwards to the French; but with
+little encouragement. His views were submitted to the Academy of
+Sciences at Paris, who replied that "they could not judge of countries
+they had not seen."<a name="FNanchor_25_25" id="FNanchor_25_25"></a><a href="#Footnote_25_25" class="fnanchor">[25]</a> Thus the project slept, until the great English
+navigator in 1770 gave certainty to what had been conjecture.</p>
+
+<p>To Dalrymple, the hydrographer, the impulse of this enterprising era is
+largely due. He fully believed that a vast southern continent must
+exist, to balance the antipodes. So firm was his conviction, that he
+defined its extent as "greater than the whole civilised part of Asia,
+from Turkey to the extremity of China. Its trade would be sufficient to
+maintain the power of Great Britain, employing all its manufactories and
+ships." The position of this region of fancy was traversed by Cook, who
+found nothing but ocean. The doctrine of terrestial counterpoise was
+disturbed; he, however, alighted on a great reality.</p>
+
+<p>The description of New South Wales by Cook and his companions, which
+charmed the public, attracted the attention of the crown; and Botany
+Bay, named on account of the variety and beauty of its vegetation&mdash;long
+known through Europe as a region of gibbets, triangles, and chains; to
+be celebrated hereafter as the mistress of nations&mdash;was selected for a
+settlement. 565 men and 192 women, the pioneers of a larger division,
+were embarked under the charge of a military force composed of
+volunteers; comprehending, besides the staff, sixteen commissioned
+officers.</p>
+
+<p>The fleet consisted of H.M.S. <i>Sirius</i>, <i>Hyena</i>, and <i>Supply</i>; six
+transports and three victuallers: they assembled at the Motherbank on
+the 16th March, and sailed on the 13th May, 1787.<a name="FNanchor_26_26" id="FNanchor_26_26"></a><a href="#Footnote_26_26" class="fnanchor">[26]</a> They touched at
+Teneriffe, and then at the Cape. Separated into two divisions, they
+reached their destination within forty-eight hours of each other. On the
+day of their junction, dense clouds threw a gloom over the sea; but they
+rejected the omen, and believed that they had seen "the foundation, and
+not the fall of an empire." Having found the bay unsuitable for
+location, they proceeded to examine the port called after Jackson, a
+seaman, who observed it from the mast, and immortalised his name. As
+they passed the capes, which form an entrance, they were in<span class='pagenum'><a name="Page_21" id="Page_21">[Pg 21]</a></span> raptures
+with the scene:&mdash;the tall mouldering cliffs; the trees, which touched
+the water's edge; and the magnificent harbour, four miles in length,
+begirt with a luxuriant shore.</p>
+
+<p>It was on the 7th February, 1788, that the Governor was inaugurated: an
+area being cleared for the purpose, the military marched to the ground
+with music, and colors flying; 750 convicts, 212 marines and their
+officers, were assembled. The standard of England was unfurled, the
+commission of Phillip, the first governor, published, and the courts of
+justice proclaimed. The usual formalities being complete, Phillip turned
+to the prisoners, and declared his intentions. He had resolved to
+cherish and render happy such as might deserve his favour; but to allow
+the law its course with the impenitent and unreformed. In such language
+we discern the sentiments which prevailed: banishment, not punishment
+for past crimes, was implied in the cheering alternative. From that
+moment he possessed authority to manumit not less absolute than the
+sovereign, but immeasurably more power to avenge.</p>
+
+<p>Those who first entered New Holland, and witnessed the elevation of the
+royal standard on the shores of Port Jackson, described in terms of
+despondency its barren soil, barely compensated by its salubrious
+atmosphere. Contemporary political writers looked coldly on the infant
+establishment, as the diseased and hopeless progeny of crime: one, which
+could never recompense the outlay of the crown, either by its vigour or
+its gratitude. The projects entertained, in connection with commerce,
+were the growth of flax and the supply of naval timber, both of which
+had been reported by Cook as indigenous to Norfolk Island. "When viewed
+in a commercial light," Captain Tench observes (writing in 1789), "the
+insignificance of the settlement is very striking." "Admitting the
+possibility," he continues, "that the country will hereafter yield a
+sufficiency of grain, the parent state must long supply the necessaries
+of life. The idea of breeding cattle sufficient to meet the consumption,
+must be considered very chimerical." Such desponding sentiments mostly
+attend the first stages of colonisation; but in a much later period, the
+enterprise was regarded with scarcely less suspicion: "Why," said a
+celebrated critic, "we are to erect penitentiaries and prisons, at the
+distance of half the diameter of the globe, and to incur the enormous
+expense of feeding and transporting its inhabitants, it is extremely
+difficult to discover. It is foolishly believed, that the colony of
+Botany Bay unites our moral and commercial interests,<span class='pagenum'><a name="Page_22" id="Page_22">[Pg 22]</a></span> and that we shall
+receive, hereafter, an ample equivalent in the bales of goods, for all
+the vices we export."<a name="FNanchor_27_27" id="FNanchor_27_27"></a><a href="#Footnote_27_27" class="fnanchor">[27]</a> With what obstinacy an idea once mooted is
+cherished, may be inferred from an opinion afterwards expressed by an
+authority of still greater pretension:&mdash;"The most sanguine supporter of
+New South Wales system of colonisation, will hardly promise himself any
+advantage from the produce it may be able to supply."<a name="FNanchor_28_28" id="FNanchor_28_28"></a><a href="#Footnote_28_28" class="fnanchor">[28]</a> Its corn and
+wool, its timber and hemp, he excludes from the chances of European
+commerce, and declares that the whale fishery, after repeated failures,
+had been relinquished!</p>
+
+<p>It is not less instructive than pleasing, to notice the past epochs of
+opinion: we find consolation against the dark clouds overshadowing the
+future, by discovering how many forebodings of ancient seers have
+vanished before the light of the event.</p>
+
+<p>These discouraging views were not, however, universal. Many
+distinguished men imagined an advancement, which our age has been
+sufficient to realise. To commemorate the foundation of the colony the
+celebrated artist, Wedgewood, modelled, from clay brought from the
+neighbourhood of Sydney, an allegorical medallion, which represented
+Hope encouraging Art and Labor, under the influence of Peace.<span class='pagenum'><a name="Page_23" id="Page_23">[Pg 23]</a></span><a name="FNanchor_29_29" id="FNanchor_29_29"></a><a href="#Footnote_29_29" class="fnanchor">[29]</a></p>
+
+<p>The French, however, always represented this colony as a masterpiece of
+policy; an element of Anglican power, pregnant with events. Peron, when
+dwelling on the moral prodigies of the settlement, declared that these
+but disguised the real objects of its founders, which, however, could
+not escape the discernment of statesmen: they saw the formidable germ of
+great revolutions.<a name="FNanchor_30_30" id="FNanchor_30_30"></a><a href="#Footnote_30_30" class="fnanchor">[30]</a></p>
+
+<p>The expedition of Baudin was connected by English politicians<a name="FNanchor_31_31" id="FNanchor_31_31"></a><a href="#Footnote_31_31" class="fnanchor">[31]</a> with a
+project of French colonisation. His instructions directed him to inspect
+narrowly the places eligible for occupation, and it was expected that an
+Australian Pondichery would become a new focus of rivalry and intrigue.
+The special injunctions to survey the inlets of Van Diemen's Land,
+seemed to indicate the probable site of an establishment so obnoxious.</p>
+
+<p>Dr. Bass had, however, already examined this country with similar views,
+especially the margin of the rivers. To him no spot on the eastern side
+of the Derwent appeared to equal the neighbourhood of Risdon Creek,
+around which he observed an expanding area of fertile land. He
+delineated not less favorably the valley of the Tamar. This country he
+considered preferable to New South Wales: with a greater proportion of
+fertile soil, more amply supplied with water, and well adapted for
+colonisation.<span class='pagenum'><a name="Page_24" id="Page_24">[Pg 24]</a></span><a name="FNanchor_32_32" id="FNanchor_32_32"></a><a href="#Footnote_32_32" class="fnanchor">[32]</a></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> <i>Introduction</i>. p. 120.</p></div>
+
+<div class="footnote"><p><a name="Footnote_25_25" id="Footnote_25_25"></a><a href="#FNanchor_25_25"><span class="label">[25]</span></a> <i>Literary Chronicle</i>, 1822.</p></div>
+
+<div class="footnote"><p><a name="Footnote_26_26" id="Footnote_26_26"></a><a href="#FNanchor_26_26"><span class="label">[26]</span></a> The incidents of the voyage are related by Captain Tench.</p></div>
+
+<div class="footnote"><p><a name="Footnote_27_27" id="Footnote_27_27"></a><a href="#FNanchor_27_27"><span class="label">[27]</span></a> <i>Edinburgh Review</i>, 1803.</p></div>
+
+<div class="footnote"><p><a name="Footnote_28_28" id="Footnote_28_28"></a><a href="#FNanchor_28_28"><span class="label">[28]</span></a> <i>Quarterly Review</i>, 1814.</p></div>
+
+<div class="footnote"><p><a name="Footnote_29_29" id="Footnote_29_29"></a><a href="#FNanchor_29_29"><span class="label">[29]</span></a> On this medal an author, quoted in <i>Phillip's Voyages</i>,
+ventured a poetical prophecy, which has at least the merit of
+truthfulness:&mdash;
+</p><p>
+<span style="margin-left: 4em;">VISIT OF HOPE TO SYDNEY COVE.</span>
+</p><p>
+<span style="margin-left: 2em;"><i>Written by the author of the Botanic Garden</i>, 1791.</span>
+</p><p style="margin-left: 2.0em;">
+Where Sydney Cove her lucid bosom swells,<br />
+Courts her young navies, and the storm repels;><br />
+High on a rock, amid the troubled air,<br />
+<span class="smcap">Hope</span> stood sublime, and wav'd her golden hair.<br />
+"Hear me," she cried, "ye rising realms record<br />
+Time's opening scenes, and Truth's unerring word:<br />
+There shall broad streets their stately walls extend,><br />
+The circus widen, and the crescent bend;<br />
+There, ray'd from cities o'er the cultur'd land,<br />
+Shall bright canals and solid roads expand.<br />
+Embellish'd villas crown the landscape scene,<br />
+Farms wave with gold, and orchards blush between;<br />
+While with each breeze approaching vessels glide,<br />
+And northern treasures dance on every tide!"<br />
+Then ceas'd the nymph: tumultuous echoes roar,<br />
+And Joy's loud voice was heard from shore to shore.<br />
+Her graceful stops descending press'd the plain,<br />
+And Peace, and Art, and Labor, joined the train.<br />
+</p><p>
+<span style="margin-left: 8em;"><i>&mdash;Governor Phillip's Voyage to Botany Bay.</i></span></p></div>
+
+<div class="footnote"><p><a name="Footnote_30_30" id="Footnote_30_30"></a><a href="#FNanchor_30_30"><span class="label">[30]</span></a> Vol. i. p. 12.</p></div>
+
+<div class="footnote"><p><a name="Footnote_31_31" id="Footnote_31_31"></a><a href="#FNanchor_31_31"><span class="label">[31]</span></a> <i>Quarterly Review.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_32_32" id="Footnote_32_32"></a><a href="#FNanchor_32_32"><span class="label">[32]</span></a> <i>Collins's New South Wales</i>, vol. i. p. 180.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h2>HISTORY OF TASMANIA.</h2>
+
+<h2>FROM 1803 TO 1824</h2>
+<p><span class='pagenum'><a name="Page_25" id="Page_25">[Pg 25]</a></span></p>
+
+<hr style="width: 65%;" />
+<h2><a name="FROM_1803_TO_1824" id="FROM_1803_TO_1824"></a>FROM 1803 TO 1824</h2>
+
+
+<h3><a name="SECTION_Ia" id="SECTION_Ia"></a>SECTION I</h3>
+<p><span class='pagenum'><a name="Page_26" id="Page_26">[Pg 26]</a></span></p>
+
+
+<p>The establishment of a settlement in Van Diemen's Land, perhaps thus
+hastened by the jealousy of a rival power, was at first chiefly intended
+to relieve Port Jackson. Fifteen years had elapsed since its foundation,
+and from six to seven thousand prisoners had been transported thither:
+dispersion became necessary to security&mdash;to repress alike the vices of
+the convicts, and the growing malversation of their taskmasters. The
+want of prisons, or places of punishment, and the indolence and
+intemperance of emancipist settlers, endangered authority.</p>
+
+<p>In 1800, the transportation of the <i>defenders</i> from Ireland, appears to
+have created continual anxiety: a committee of officers was formed to
+examine persons suspected, when Harold, a priest, was arrested, and
+accused his fellow prisoners. His testimony was insidious, and
+discredited; but the alarm led to the formation of a volunteer company
+of a hundred persons, who armed for the suppression of rebellion. The
+more distrusted of the Irish prisoners were conveyed to Norfolk Island;
+there, some months after, a conspiracy was detected to massacre the
+officers, and seize the island. On the night fixed for action, the plot
+was discovered. An Irish servant, muttering words of compassion, was
+overheard by his master: he was induced to explain, and was immediately
+taken to Major Foveaux, the officer in command. The danger was imminent:
+the warmth of the season (December) had tempted the soldiers to slumber
+with open doors, and it was said that the sentinels were implicated who
+that night kept watch. These being changed, and other precautions
+adopted, the plotters postponed their design; and next day were marched
+to church without suspicion. The door was beset with soldiers: the
+leaders were arrested; one executed&mdash;and on the following day, the
+blacksmith,<span class='pagenum'><a name="Page_27" id="Page_27">[Pg 27]</a></span> charged with fabricating arms, was also hung. The necessity
+for dispensing with the forms of law was not made out, and these summary
+punishments were censured. That the danger was not imaginary, may,
+however, be inferred from the after attempts at Port Jackson.</p>
+
+<p>The military force of New South Wales, drawn together by a love of
+adventure, or the hope of gain, when their own status was assailed, were
+often exacting and severe: but they slightly sustained the moral
+strength of the government. To select mistresses from the female
+prisoners was one of their earliest and most valued prerogatives, who,
+standing in this equivocal relation, became their agents and sold their
+rum.</p>
+
+<p>The Governor, after struggling to abate the abuses around him, yielded
+to a pressure which seemed irresistible. He endeavoured to mollify by
+his liberality, those he could not govern by restraint: he multiplied
+licenses for the sale of rum, and emancipists aspired to commercial
+rivalry with the suttlers in commission. The chief constable was himself
+a publican, and the chief gaoler shared in the lucrative calling, and
+sold spirits opposite the prison.</p>
+
+<p>The moral laxity which prevailed, produced its natural
+consequences&mdash;violations of discipline, which led to great crimes. The
+offenders, to escape immediate punishments, retreated to the remote
+districts; occasionally sheltered by the emancipist cotters. The feeble
+resistance offered to their depredations, inspired, and almost justified
+the prisoners in the hope, that the common bondage might be broken. A
+large agricultural establishment, belonging to the government, at
+Castle-hill, Parramatta, employed many Irishmen implicated in the recent
+disorders of their country. These prompted the rest to attempt to
+recover their liberty, but they were subdued by the military under Major
+Johnstone: some were shot, and several executed.</p>
+
+<p>In this unsatisfactory condition was the colony of Port Jackson, when
+Van Diemen's Land was occupied. Its remote distance, its comparatively
+small extent and insular form, fitted it for the purposes of penal
+restraint&mdash;a place where the most turbulent and rapacious could find no
+scope for their passions. Its ports closed against commerce, afforded
+few means of escape. In New Holland, labor and produce were redundant:
+overwhelming harvests reduced the price of grain so low, that it was
+rejected by the merchants; goods could not be obtained in exchange;<a name="FNanchor_33_33" id="FNanchor_33_33"></a><a href="#Footnote_33_33" class="fnanchor">[33]</a>
+and the convicts at the<span class='pagenum'><a name="Page_28" id="Page_28">[Pg 28]</a></span> disposal of government were a burden on its
+hands&mdash;almost in a condition to defy its authority. Thus, Van Diemen's
+Land was colonised; first, as a place of exile for the more felonious of
+felons&mdash;the Botany Bay of Botany Bay&mdash;</p>
+
+<p>
+<span style="margin-left: 4em;">"And in the lowest deep, a lower deep!"</span><br />
+</p>
+
+<p>Lieutenant Bowen, in the <i>Lady Nelson</i>, set sail from Sydney, and in
+August, 1803, landed at Risdon, on the east bank of the Derwent: his
+party included a few soldiers and prisoners, and Dr. Mountgarrat, the
+surgeon. A far more important immigration soon followed.</p>
+
+<p>Port Phillip, on the east coast of New Holland, first discovered by
+Captain Murray in the <i>Lady Nelson</i>, 1799, was surveyed by Flinders in
+1802, and in 1803 by Grimes, the surveyor-general. They reported the
+country to be lightly timbered, to abound in herbage, and gentle slopes
+suitable to the plough. The port offered an asylum against both war and
+tempests, sufficient for the fleets of all nations.<a name="FNanchor_34_34" id="FNanchor_34_34"></a><a href="#Footnote_34_34" class="fnanchor">[34]</a></p>
+
+<p>The establishment of a settlement at Port Phillip being determined on by
+the ministry of Great Britain, an expedition was forwarded, which
+consisted of the <i>Calcutta</i>, 50 guns, Captain Woodriff, and the <i>Ocean</i>,
+a transport of 500 tons. In addition to the convicts, there were forty
+marines, four hundred male prisoners, twelve free settlers and their
+families, six unmarried women, six the wives of prisoners, and six
+children. It is scarcely necessary to remark, that the morals of the
+officers, or of the women, were not superior either to the service or to
+the times. The events of the voyage, worthy of remembrance, were not
+numerous; it was disturbed by rumours of plots and conspiracies;
+punishments were not infrequent, and one woman was flogged for stealing
+the cap of a companion.</p>
+
+<p>The <i>Calcutta</i> did not convey the settlers to the Derwent. On her return to Great
+Britain, Lieutenant Tuckey published an account of the voyage to Port
+Phillip, which he surveyed. In the year following (1805), the <i>Calcutta</i>
+was convoy to St. Helena, and encountered the Rochefort squadron.
+Captain Woodriff determined to engage the whole division: the
+merchantmen escaped; but the <i>Calcutta</i>, in the unequal contest, became
+unmanageable, and struck her colors. Captain Woodriff was soon
+exchanged, but Lieutenant Tuckey remained in captivity until the allied
+armies entered France.</p>
+
+<p>Promoted to the rank of commander, he received charge<span class='pagenum'><a name="Page_29" id="Page_29">[Pg 29]</a></span> of the expedition
+in 1816, sent to explore the Zaire; but with most of his people fell a
+martyr to the spirit of African discovery. He is said to have been
+handsome in person, and generous in hand. "He knew nothing of the value
+of money, except as it enabled him to gratify the feelings of a
+benevolent heart."<a name="FNanchor_35_35" id="FNanchor_35_35"></a><a href="#Footnote_35_35" class="fnanchor">[35]</a></p>
+
+<p>The spot selected at Port Phillip, was ill-chosen as the site of a town,
+and they found great difficulty in obtaining pure water. These
+circumstances, represented by Collins to the Governor-in-chief, were
+thought sufficient to justify a removal to Van Diemen's Land, and long
+postponed the occupation of a country, inferior to few in this
+hemisphere; a measure lamented by several of the settlers. A lady,
+writing to her friends from the banks of the Derwent, censured, in terms
+of great contempt, the relinquishment of Port Phillip, which she
+described in glowing language: she seemed alone capable of estimating
+its future importance; but she pronounced Van Diemen's Land a dreary and
+desert region, destined never to prosper&mdash;thus she forfeited the credit
+of prophecy.<a name="FNanchor_36_36" id="FNanchor_36_36"></a><a href="#Footnote_36_36" class="fnanchor">[36]</a></p>
+
+<p>Several prisoners attempted to escape; in one instance, with a singular
+result. Buckley, a man of gigantic stature, and two others, set off, it
+was said, for China! They rambled for some distance together, and
+suffered great misery: at last, they parted. Of his companions, Buckley
+saw no more, and when he returned to the settlement all was deserted.
+After months of solitary wandering, he found a tribe of natives, by whom
+he was adopted: he remained among them for three-and-thirty years,
+conforming to their barbarous customs, and forgetting his own language.
+Once only he saw the faces of white men; a boat's crew landed to bury a
+seaman: he endeavoured to arrest their attention; they looked at him
+earnestly, but took him for a savage&mdash;he was dressed in a rug of
+kangaroo skin, and was armed with<span class='pagenum'><a name="Page_30" id="Page_30">[Pg 30]</a></span> spears. This man still survives: he
+contributed to the friendly reception of his countrymen; but during his
+long sojourn, he had imparted no ideas of civilisation.</p>
+
+<p>The <i>Lady Nelson</i> and the <i>Ocean</i> conveyed the party from Port Phillip
+to the Derwent. The situation of the camp at Risdon had been found
+undesirable, they therefore landed at Sullivan's Cove. They arrived in
+two divisions, on the 30th January and 16th February, 1804. The names of
+the principal persons are as follows:&mdash;Lieutenant-Governor Collins; Rev.
+R. Knopwood, chaplain; E. Bromley, surgeon superintendent; W. Anson,
+colonial surgeon; M. Boden, W. Hopley, assistant surgeons; P. H.
+Humphrey, mineralogist; Lieutenant Fosbrook, deputy-commissary-general;
+G. P. Harris, deputy-surveyor; John Clarke and William Patterson,
+superintendents of convicts; Lieutenants W. Sladen, J. M. Johnson, and
+Edward Lord; 39 marines, 3 sergeants, 1 drummer, 1 fifer; and 367 male
+prisoners.</p>
+
+<p>Meantime, the <i>Lady Nelson</i> was dispatched to Port Dalrymple, and
+surveyed the entrance of the Tamar: the report being favorable, a small
+party of prisoners were sent from Port Jackson, under Colonel Paterson,
+to form a settlement, who landed in October, 1804, and for some time
+held little intercourse with the settlement on the Derwent. Such were
+the pioneers of this important colony; and to so many casual but
+concurring incidents, we owe its existence.</p>
+
+<p>The first annals of the settlement offer few events worthy of record.
+The transactions of a community, which in 1810 did not comprehend more
+than thirteen hundred and twenty-one persons,<a name="FNanchor_37_37" id="FNanchor_37_37"></a><a href="#Footnote_37_37" class="fnanchor">[37]</a>&mdash;the greater part
+subject to penal control&mdash;could not, unassociated with the present,
+detain attention for a moment. The discipline which prevailed in Van
+Diemen's Land, and the results which it produced, will be hereafter
+related to illustrate transportation; for who would load the colonial
+fame with details, from which the eyes of mankind turn with natural
+disgust, or blend them with the fabric of Tasmanian history?</p>
+
+<p>The first Governor-in-chief of Van Diemen's Land, the third of New South
+Wales, was Philip Gidley King, son of Philip King, a draper, of
+Launceston, Cornwall, England. At twelve years of age he entered the
+royal navy: by Admiral Byron he was made lieutenant, and holding that
+rank in the <i>Sirius</i>, he attended the expedition of Phillip in
+1788.<span class='pagenum'><a name="Page_31" id="Page_31">[Pg 31]</a></span><a name="FNanchor_38_38" id="FNanchor_38_38"></a><a href="#Footnote_38_38" class="fnanchor">[38]</a> He was employed to establish the settlement of Norfolk
+Island, where his proceedings, recorded in his official journal, and
+afterwards published in various forms, afforded great amusement and
+satisfaction. There he united in his person, for some time, the priest
+and the ruler: he experienced during his residence, most of the
+anxieties and difficulties incident to such stations, and detailed them
+with curious minuteness. As a cultivator he was energetic and
+persevering; but the rats devoured his seed, or torrents washed it away:
+or a tropical hurricane, which tore up huge trees, overthrew the frail
+buildings he reared. His people conspired to seize his government; he
+detected, and forgave them: yet he was not scrupulous in his methods of
+punishment. A woman he repeatedly flogged, for stealing the provisions
+of her neighbours. He, however, saw the little settlement gradually
+improve: it became the favorite residence of the officers; and, as the
+climate was better understood, the fertility of the soil yielded a
+surpassing abundance.</p>
+
+<p>King was not inattentive to his own interest, and became the owner of
+considerable stock. Anecdotes of his humour circulate through the
+colonies: being asked by a settler to find him a man to perform certain
+work, he took him into his room and pointed him to a mirror. Again, when
+a marine was the suitor for some favour, in rejecting his petition he
+put him through his exercises, which ended in <i>quick march</i>. He had the
+frankness of the sailor, and neither aspired to state nor exacted
+homage.</p>
+
+<p>David Collins, Esq., long judge advocate of New South Wales, was the
+first Lieutenant-Governor of Van Diemen's Land. He was present with his
+father, General Collins, at the battle at Bunker's Hill, and thus
+witnessed an event accepted by exulting Europe as a signal that British
+sway over that region was lost. It was the lot of Collins to proclaim
+the dominion of Great Britain at the inauguration of Phillip, and thus
+announced the first day of a second and not less valuable empire.</p>
+
+<p>Such incidents teach us that a single life may embrace events beyond the
+scope of imagination. We are reminded of the most brilliant passage in
+the oratory of Burke, delivered while the authority of the crown was
+trembling in the balance of fate. When illustrating how far the
+realities of the future might exceed the visions of the present moment,
+he stated that a venerable nobleman, Lord Bathurst, could remember when
+American interests were a little speck, but which during his life had
+grown to greater consequence than<span class='pagenum'><a name="Page_32" id="Page_32">[Pg 32]</a></span> all the commercial achievements of
+Great Britain in seventeen hundred years. "Fortunate man," he exclaimed,
+"he has lived to see it: fortunate, indeed, if he lives to see nothing
+which will vary the prospect, and cloud the setting of his day."<a name="FNanchor_39_39" id="FNanchor_39_39"></a><a href="#Footnote_39_39" class="fnanchor">[39]</a></p>
+
+<p>Collins was favorably known to the public by his <i>Account of the English
+Colony in New South Wales</i>: his work was distinguished by the reviewers,
+amidst a crowd of publications, as superior to them all.<a name="FNanchor_40_40" id="FNanchor_40_40"></a><a href="#Footnote_40_40" class="fnanchor">[40]</a> The
+stateliness of his style, and the pomp with which he ushers trivial
+events, were less apparent when the topics were new. In the last page
+he, however, complains that he had spent nine years in the colonial
+service, which intercepted the honors of his profession; a case of
+hardship, he remarks, everywhere admitted,<span class='pagenum'><a name="Page_33" id="Page_33">[Pg 33]</a></span> both by those who could
+compensate, and those who could only condole.</p>
+
+<p>In his dedication to Lord Hobart, the principal secretary of state, he
+drops the tone of complaint and disappointment: he tells that nobleman
+that his private virtues were rendered more conspicuous by the splendour
+of his talents as a statesman, and that praise could not be interpreted
+as flattery, when devoted to a name which commanded the veneration of
+the world. Remonstrances so skilfully advanced could not be unnoticed:
+Collins was at once raised to the rank of colonel, and the intelligence
+with which he delineated the proper objects and agents of penal
+government, exalted him still higher. He dated his dedication in 1802,
+and embarked the following year as governor of the settlement it had
+been resolved to form.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_33_33" id="Footnote_33_33"></a><a href="#FNanchor_33_33"><span class="label">[33]</span></a> <i>Wentworth's New South Wales</i>, p. 210.</p></div>
+
+<div class="footnote"><p><a name="Footnote_34_34" id="Footnote_34_34"></a><a href="#FNanchor_34_34"><span class="label">[34]</span></a> <i>Flinders</i>, vol. i.</p></div>
+
+<div class="footnote"><p><a name="Footnote_35_35" id="Footnote_35_35"></a><a href="#FNanchor_35_35"><span class="label">[35]</span></a> <i>Narrative:</i> published by authority of the Admiralty,
+1818.</p></div>
+
+<div class="footnote"><p><a name="Footnote_36_36" id="Footnote_36_36"></a><a href="#FNanchor_36_36"><span class="label">[36]</span></a> "We arrived in October, 1803: my pen is not able to
+describe half the beauties of that delightful spot: we were four months
+there. Much to my mortification, as well as loss, we were obliged to
+abandon the settlement, through the whim and caprice of the
+Lieutenant-Governor: additional expense to government, and additional
+loss to individuals, were incurred by removing to Van Diemen's Land,
+which <i>can never be made to answer</i>. Port Phillip is my favorite, and
+has my warmest wishes. During the time we were there, I never felt one
+ache or pain, and I parted from it with more regret than I did from my
+native land." The following is the endorsement of this letter:&mdash;"Dated
+May 23rd, 1805; received October 10th, 1805&mdash;half a year! From an
+officer's wife, Mrs. Hartley (quere Hopley?), to her
+sister."&mdash;<i>Collection of Letters, for a History of New South Wales. By a
+Merchant.</i> London: Valpy, 1812.</p></div>
+
+<div class="footnote"><p><a name="Footnote_37_37" id="Footnote_37_37"></a><a href="#FNanchor_37_37"><span class="label">[37]</span></a> Report of Commons on Transportation, 1812.</p></div>
+
+<div class="footnote"><p><a name="Footnote_38_38" id="Footnote_38_38"></a><a href="#FNanchor_38_38"><span class="label">[38]</span></a> <i>Phillip's Voyage</i>, p. 95.</p></div>
+
+<div class="footnote"><p><a name="Footnote_39_39" id="Footnote_39_39"></a><a href="#FNanchor_39_39"><span class="label">[39]</span></a> The reader will not be displeased to see the whole
+passage. On the 22nd of March, 1775, upon moving his resolutions for
+conciliation with America, Edmund Burke thus addressed the house:&mdash;
+</p><p>
+"Mr. Speaker,&mdash;I cannot prevail on myself to hurry over this great
+consideration. It is good for us to be here. We stand where we have an
+immense view of what is, and what is past. Clouds indeed, and darkness
+rest upon the future. Let us, however, before we descend from the noble
+eminence, reflect that this growth of our national prosperity has
+happened within the short period of the life of man: it has happened
+within sixty-eight years. There are those alive whose memory might touch
+the two extremities. For instance, my Lord Bathurst might remember all
+the stages of the progress. He was in 1704, of an age, at least, to be
+made to comprehend such things. He was then old enough&mdash;<i>acta parentum
+jam legere et qu&aelig; sit poterit cognoscere virtus</i>. Suppose, Sir, that the
+angel of this auspicious youth, foreseeing the many virtues which made
+him one of the most amiable, as he is one of the most fortunate men of
+his age, had opened to him in vision, that when in the fourth generation
+the third prince of the house of Brunswick had sat twelve years on the
+throne of that nation, which (by the happy issue of moderate and healing
+councils) was to be made Great Britain, he should see his son, Lord
+Chancellor of England, turn back the current of hereditary dignity to
+its fountain, and raise him to higher rank of peerage whilst he enriched
+the family with a new one. If, amidst these bright and happy scenes of
+domestic honor and prosperity, that angel should have drawn up the
+curtain and unfolded the rising glories of his country, and whilst he
+was gazing with admiration on the then commercial grandeur of England,
+the genius should point out to him a little speck, scarce visible in the
+mass of national interest&mdash;a small seminal principle rather than a
+formed body&mdash;and should tell him: Young man, there is America, which at
+this day serves for little more than to amuse you with stories of savage
+men and uncouth manners; yet shall, before you taste death, show itself
+equal to the whole of that commerce which now attracts the envy of the
+world. Whatever England has been growing to by a progressive increase of
+improvement, brought in by varieties of people, by succession of
+civilising conquests, civilising settlements in a series of seventeen
+hundred years, you shall see as much added to her by America in the
+course of a single life! If this state of his country had been foretold
+to him, would it not require all the fervid glow of enthusiasm to make
+him believe it? Fortunate man, he has lived to see it: fortunate indeed,
+if he lives to see nothing that shall vary the prospect, and cloud the
+setting of his day."&mdash;<i>Parl. Hist.</i>, vol. xviii. p. 487.</p></div>
+
+<div class="footnote"><p><a name="Footnote_40_40" id="Footnote_40_40"></a><a href="#FNanchor_40_40"><span class="label">[40]</span></a> <i>Edinburgh Review</i>, 1803.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IIa" id="SECTION_IIa"></a>SECTION II</h3>
+
+
+<p>When Collins determined to relinquish Risdon, after survey and
+comparison of the places offered to his choice, he preferred the spot on
+which stands Hobart Town, called after the name of his patron.
+Imagination has traced in its natural outlines a resemblance to the
+seven-hilled Roman capital, once the mistress of the world.<a name="FNanchor_41_41" id="FNanchor_41_41"></a><a href="#Footnote_41_41" class="fnanchor">[41]</a> Its
+chief recommendation was the stream which runs through the centre of the
+city, whose margin was then beset with brushwood, and choked with
+prostrate trees: these often obstructed its course, and threw over the
+adjacent banks a flow of water, and thus formed marshes and pools.<a name="FNanchor_42_42" id="FNanchor_42_42"></a><a href="#Footnote_42_42" class="fnanchor">[42]</a></p>
+
+<p>Hobart Town is built on the west side of the Derwent, a river named
+after the Derwent in Cumberland, celebrated by Wordsworth, the laureate
+of England, and the poet of the lakes, who thus associates with its
+beauties the recollections of his childhood:&mdash;</p>
+
+<p>
+<span style="margin-left: 2em;">"Among the mountains were we nursed, loved stream!</span><br />
+<span style="margin-left: 2em;">Thou near the eagle's nest,</span><br />
+<span style="margin-left: 2em;">Where thy deep voice could lull me."</span><br />
+<span style="margin-left: 2em;">"&mdash;&mdash;&mdash;&mdash;Glory of the vale!</span><br />
+<span style="margin-left: 2em;">Kept in perpetual verdure by the steam</span><br />
+<span style="margin-left: 2em;">Of thy soft breath."<a name="FNanchor_43_43" id="FNanchor_43_43"></a><a href="#Footnote_43_43" class="fnanchor">[43]</a></span><br />
+</p>
+<p><span class='pagenum'><a name="Page_34" id="Page_34">[Pg 34]</a></span></p>
+<p>The county, including at first half the island, was called after the
+same nobleman, who was then Lord Buckinghamshire.</p>
+
+<p>The northern settlement, formed by Colonel Paterson,<a name="FNanchor_44_44" id="FNanchor_44_44"></a><a href="#Footnote_44_44" class="fnanchor">[44]</a> was seated on
+the Western Arm of the Tamar, and called York Town. In describing the
+site, the difficulty of obtaining water is noticed by Flinders; but by
+Dr. Bass, the adjacent land was represented as adapted for both
+agriculture and pasture: he added, "If it should be ever proposed to
+make a settlement, this part seems to merit particular attention." From
+this spot the greater part of the new establishment was removed (1806)
+to the country above the North and South Esk; where the colonists were
+delighted to discover extensive plains equally suitable for tillage and
+pasture, where not a tree obstructed the prospect.<a name="FNanchor_45_45" id="FNanchor_45_45"></a><a href="#Footnote_45_45" class="fnanchor">[45]</a></p>
+
+<p>The Tamar was traced, and named by Paterson after a Cornish stream, and
+the valley of Launceston, after a town in Cornwall, and both in honor of
+Governor King. At Launceston he proposed to establish a sea port town,
+for the northern section of the island. Port Dalrymple, as this
+settlement was then called, was not under the government of Hobart Town
+until 1812.<a name="FNanchor_46_46" id="FNanchor_46_46"></a><a href="#Footnote_46_46" class="fnanchor">[46]</a></p>
+
+<p>The first communication between Hobart and Launceston was opened by
+Lieutenant Laycock and his party, they were nine days in the journey,
+and their unexpected appearance excited great astonishment at
+Hobart.<a name="FNanchor_47_47" id="FNanchor_47_47"></a><a href="#Footnote_47_47" class="fnanchor">[47]</a> A loaded cart was subsequently sent to Launceston, and
+passed over the country without falling a single tree.<a name="FNanchor_48_48" id="FNanchor_48_48"></a><a href="#Footnote_48_48" class="fnanchor">[48]</a></p>
+
+<p>The first Tasmanian house stood on land adjoining the Macquarie Hotel:
+it was built by Lieutenant E. Lord, of wattle and dab&mdash;its windows, like
+the port-holes of a vessel. That it was the first, constituted its chief
+claim to<span class='pagenum'><a name="Page_35" id="Page_35">[Pg 35]</a></span> distinction: it was considered as an achievement of
+civilisation&mdash;a trophy gained upon the wilderness. All were not so well
+lodged; yet such houses are soon reared. Posts, joined by wall plates,
+fixed in the ground; woven with wattle rods, plastered with mingled
+clay, sand, and wiry short grass, and whitened&mdash;a grass thatched roof; a
+chimney of turf piled on stone, a door and a window: the cottage is
+finished.</p>
+
+<p>The removal of the settlers from Norfolk Island, colonised in 1788, was
+the next most important event. On his return to Great Britain, Collins
+visited that place, in company with Hunter, the late governor-in-chief.
+On the whole, he represented Norfolk Island as by no means promising to
+repay the annual cost, and it was resolved to abandon it.</p>
+
+<p>In 1803, directions were issued by Lord Buckinghamshire (Lord Hobart).
+The opposition of the settlers, and the fear of famine, for some time
+occasioned delay. In 1805, only four free settlers had removed. The
+order was renewed in 1808 by Mr. Windham, then secretary of state, and
+Captain Bligh directed Captain Piper to compel the colonists to evacuate
+the island, and even to shoot any one who might retreat to the woods to
+avoid embarkation.<a name="FNanchor_49_49" id="FNanchor_49_49"></a><a href="#Footnote_49_49" class="fnanchor">[49]</a> They were conveyed to this island chiefly in the
+<i>Estramina</i>, <i>City of Edinburgh</i>, and <i>Sydney</i>: 254 arrived on 15th
+October, 1808.<a name="FNanchor_50_50" id="FNanchor_50_50"></a><a href="#Footnote_50_50" class="fnanchor">[50]</a></p>
+
+<p>Norfolk Island, so celebrated for its genial climate and unusual
+fruitfulness, is of volcanic origin, and contains about 14,000 acres. It
+lies on the 29th parallel,<a name="FNanchor_51_51" id="FNanchor_51_51"></a><a href="#Footnote_51_51" class="fnanchor">[51]</a> north of New Zealand: it is nine hundred
+and ninety miles from Port Jackson, thirteen hundred miles from the
+Derwent, and until seen by Captain Cook, was probably never visited by
+man. Norfolk Island has twenty-eight miles of sea shore: its greatest
+elevation is Mount Pitt: it is a succession of hills and valleys. Its
+lofty cliffs, which breast the ocean, are crowned by the elegant white
+wood and the gigantic pine. The wild jasmine and convolvuli, which reach
+from tree to tree, form bowers and walks of exquisite beauty. Twice in
+the year the settler gathered his harvest: the lemon, the orange, and
+the pine, shed their fragrance in profusion, and yielded the richest
+fruit. Though liable to occasional storms and destructive insects, the
+husbandman could scarcely be said to toil. Gentle showers frequently
+refresh the undulating soil, and pour down rivulets to the ocean. Sea
+breezes cool the atmosphere, and the diseases<span class='pagenum'><a name="Page_36" id="Page_36">[Pg 36]</a></span> often incident to such
+latitudes, are unknown; but no ships can anchor: it is a land unsuited
+to commerce.</p>
+
+<p>Thus it presented no incitement to exertion: it gave the indolent
+abundance without labor; it afforded a leisure, in which man is prone to
+degenerate and sink into the savage. Distillation from the cane produced
+spirits, more than usually deleterious: unacquainted with the process by
+which saccharine is crystalised, the settlers were unable to prepare
+sugar. They found the raw rum destructive, and attributed its fatal
+effects solely to the leaden worms!<a name="FNanchor_52_52" id="FNanchor_52_52"></a><a href="#Footnote_52_52" class="fnanchor">[52]</a></p>
+
+<p>In 1800, the population of Norfolk Island comprehended 960 souls:<a name="FNanchor_53_53" id="FNanchor_53_53"></a><a href="#Footnote_53_53" class="fnanchor">[53]</a>
+3,521 acres of land were granted; divided into farms of from ten to
+thirty acres each. A station, where rather more refractory offenders
+were sent, its government varied with the character of each officer. Of
+the moral condition of the island nothing good could be expected, and
+little favorable is remembered.</p>
+
+<p>Always a place of banishment, even when a colony, Norfolk Island seemed
+destined to exhibit the extremes of natural beauty and moral deformity.
+The language of Holt, the Irish rebel, who spent several months there,
+might be better suited to a latter period, but expressed the intensity
+of his abhorrence, not wholly unfounded&mdash;"That barbarous island, the
+dwelling place of devils in human shape; the refuse of Botany Bay&mdash;the
+doubly damned!"<a name="FNanchor_54_54" id="FNanchor_54_54"></a><a href="#Footnote_54_54" class="fnanchor">[54]</a></p>
+
+<p>On the determination of the government being announced, the settlers
+manifested great repugnance: the elder people declared they would not
+quit the country; it was, however, the decree of an irresistible will.
+The inhabitants were offered a settlement in Van Diemen's Land or New
+South Wales; mostly, they chose this country. They received from the
+government whatever would contribute towards reconciling them to the
+change. Vessels were provided for their removal, their possession in
+land was doubled, and it was freed from all conditions and reservations.
+They received cattle on loan, and they were rationed as new settlers
+from the public stores. That the change was beneficial to the rising
+generation can hardly be doubted; but the effect on<span class='pagenum'><a name="Page_37" id="Page_37">[Pg 37]</a></span> the parents was
+generally painful. Time was required to equal the cultivation of the
+spot they had left, compared with which even Van Diemen's Land seemed
+blank and barren. Years after, they spoke of the change with regret and
+sadness.</p>
+
+<p>The settlers, divided into three classes, according to their origin or
+wealth, were located part in the neighbourhood of Hobart Town, at
+Pittwater, and New Norfolk, and part at Norfolk Plains. Thirty, forty,
+or fifty acres was the ordinary grant, until a later period: a large
+extent was neither possessed nor desired. Many valued nothing but the
+immediate benefits to which their character as immigrant farmers then
+entitled them. They drew their rations from the royal stores, and
+bartered away their homesteads for a few bottles of spirit; and it was
+no idle boast, that a keg of rum was then worth more than a common farm.
+Their hopeless and dissipated state is remarked in every document of the
+times: their frail dwellings soon exhibited all the signs of decay, and
+their ground was exhausted by continual cropping. Thus the exhilarating
+influences of youth and vigour, usual in the first steps of
+colonisation, were here unknown, and a civilising agency rarely
+counteracted the social evils which prevailed. The transactions of those
+early days are scarcely colonial: charged with debauch and outrage, they
+denote a time of social disorganisation&mdash;the dark ages found in the
+history of every country, where men have been their own masters, and
+remote from a public opinion, which cannot be corrupted or controlled.</p>
+
+<p>There were, however, a few settlers from Norfolk Island, distinguished
+from the rest by their enterprise and diligence, and who rose to wealth;
+but in glancing down the list, a colonist observes how few have retained
+their heritage.</p>
+
+<p>During the administration of Colonel Collins, the progress of the colony
+was barely perceptible. There were no roads in the interior; no public
+buildings: the house of the governor was a mere cottage, too mean for
+the accommodation of a modern mechanic.</p>
+
+<p>The transfer commenced at the close of 1805. The <i>Sydney</i>, Captain
+Forrest, was employed to convey to the Derwent a party of the settlers,
+and the stock belonging to the governor-in-chief: this was purchased by
+Mr. George Guest, who sold the sheep at &pound;5 per head, and was repaid in
+cattle. In the <i>Sydney</i>, Joseph Holt, now discharged from restraint,
+visited Van Diemen's Land, and contributed to its welfare by his
+agricultural and pastoral experience. He found Collins<span class='pagenum'><a name="Page_38" id="Page_38">[Pg 38]</a></span> still living in
+a tent. A few acres of land had been cultivated at New Town by convicts,
+in charge of Clarke, the superintendent: cattle had arrived from Bengal,
+and sheep from Port Jackson; but the progress of the settlement had
+hitherto been slow.</p>
+
+<p>In New South Wales,<a name="FNanchor_55_55" id="FNanchor_55_55"></a><a href="#Footnote_55_55" class="fnanchor">[55]</a> gangs of men, stripped to the waist, labored
+together, and were exposed to rigorous discipline, common to slaves.
+These methods of tillage were introduced into Van Diemen's Land, where
+as yet there were no fields prepared for the plough, nor beast of
+draught to facilitate human toil. The chief overseers were not skilled
+in cultivation: one had been a shoemaker, the other a tailor; and while
+they were expecting large returns, they were ignorant that the full ears
+which promised an abundant yield, were smut, not grain. This early
+failure was attended with disastrous results.</p>
+
+<p>On the arrival of the <i>Sydney</i>, Collins looked narrowly into the
+probable resources at his disposal, and sent Joseph Holt to examine the
+land on the Derwent, with a view to future location. He proceeded along
+its shores, until a ledge of rocks obstructed the passage of his boat:
+then ascending an eminence, not less in apparent height than the
+Dromedary Mountain, "I sat down," he writes, "on its top, and saw the
+finest country eyes ever beheld." This was that extensive district
+which, from the previous residence of its occupiers, was named New
+Norfolk. The spot whence he surveyed the subjacent land he called Mount
+Casha.</p>
+
+<p>Joseph Holt, general of the rebel army of Wexford in 1798, at one time
+commanded 1,300 men. Memoirs, written by himself, were purchased by the
+keeper of the Irish records, and were edited by Thomas Crofton Croker.
+The result of that sanguinary struggle added considerable numbers to the
+population of these colonies, but on various terms. Holt was an exile,
+though often treated as a convict. As a commander he displayed great
+natural talents, courage, and fidelity. He ascribed his position as a
+rebel, solely to necessity of choosing between immediate death or
+insurrection. A neighbour wrecked his property, and denounced him a
+traitor in revenge: then loyal men were privileged to<span class='pagenum'><a name="Page_39" id="Page_39">[Pg 39]</a></span> condemn without
+trial, and slaughter on the spot. In New South Wales, Holt was often
+suspected of sedition: he was imprisoned, and was forwarded to Norfolk
+Island without trial; on returning to Port Jackson, he visited the
+Derwent. Of Collins, Holt speaks with great enthusiasm, as the most
+lenient of the governors, and the finest of gentlemen: when he entered
+the forests, absconders would fall down on their knees before him, and
+obtain his forgiveness.<a name="FNanchor_56_56" id="FNanchor_56_56"></a><a href="#Footnote_56_56" class="fnanchor">[56]</a></p>
+
+<p>Holt's notices of this place are scanty, and of the people more so; but
+he observes that the daughter of Mrs. Hayes was a "beautiful girl: the
+prettiest violet I saw growing on the Derwent." Of such charms he was no
+mean judge.<a name="FNanchor_57_57" id="FNanchor_57_57"></a><a href="#Footnote_57_57" class="fnanchor">[57]</a> Collins was desirous that Holt should settle on the
+Derwent, and wrote to Governor King for his consent: the knowledge he
+possessed of the treatment of stock, it was thought, would have been
+useful; but he resolved not to move farther from the port of
+embarkation. He at length returned to Ireland, with &pound;2,000&mdash;a step he
+lived to deplore.</p>
+
+<p>The settlement was early involved in great difficulties. The hoe, the
+usual implement of husbandry, effected but a slow and discouraging
+progress: supplies from Port Jackson were forwarded in small quantities,
+and were soon altogether interrupted. In 1806 a disaster occurred, which
+reduced the elder colony to severe privation. The tempting fertility of
+of the land bordering on the Hawkesbury, the Nile of this hemisphere,
+induced the petty farmers, whose homesteads dotted its margin, to
+overlook its dangers. An inundation, remembered as the <i>great</i> flood,
+exceeded all former devastations: vast torrents, of which the origin was
+unknown, descended from the mountains, and pouring down with prodigious
+violence, suddenly filled and overflowed the channels of the river; and
+rising to the height of sixty and eighty feet in a few hours, swept
+away the stacks of corn, the live stock, and even the dwellings. A
+vessel approaching the coast, saw fragments of the floating ruins many
+miles distant from the shore. Thus, lately possessing<span class='pagenum'><a name="Page_40" id="Page_40">[Pg 40]</a></span> a superabundant
+store, the poor suffered extreme destitution, and the price of maize and
+wheat rose to &pound;5 and &pound;6 per bushel.<a name="FNanchor_58_58" id="FNanchor_58_58"></a><a href="#Footnote_58_58" class="fnanchor">[58]</a></p>
+
+<p>Unable to succour this colony, the government left it to its own
+resources, and for several years the scarcity continued with various
+intensity. The kangaroo hunters were the chief purveyors of food. The
+officers allowed servants, sent them to the woods, and sold their spoil
+to government. Considerable profits were made by the more successful:
+the commissariat allowed 1<i>s.</i> 6<i>d.</i> per lb., and the foundation of some
+fortunes were laid by persons whose servants were faithful and expert. A
+marine, assisted by two convicts, delivered to the king's stores, 1000
+lbs. of kangaroo per month, and continued in this occupation for several
+years. A few coarse biscuits were distributed while they lasted, but the
+substitute for bread was the dried and pounded flesh of kangaroo! The
+government, unable to feed, could no longer task the prisoners: to
+lessen the pressure, they were sometimes permitted to disperse in search
+of subsistence, and thus laid the foundation of those lawless habits
+which afterwards brought the colony to the verge of ruin.</p>
+
+<p>The <i>Sydney</i> had been chartered to India for wheat, but was lost, and
+the colony disappointed of the expected relief. When this calamity
+became known, a second effort was made: Colonel Paterson, while acting
+Governor of New South Wales, contracted with Captain Bunker, of the
+<i>Venus</i>, to bring a cargo of wheat from Bengal. It was not until 1810,
+that she anchored in the Derwent: the dread of famine was removed, and
+wheat was now valued at 12s. a bushel. The change of seed enabled the
+farmers to clear their ground of that mixed and inferior grain which had
+disappointed all attempts at agricultural independence.<a name="FNanchor_59_59" id="FNanchor_59_59"></a><a href="#Footnote_59_59" class="fnanchor">[59]</a></p>
+
+<p>When at Bengal, the captain of the <i>Venus</i> received from the governor
+two prisoners, supposed to be cast-aways from a vessel seized at Port
+Jackson. Stewart, formerly a lieutenant in the navy, secretly contrived
+a plan to take the <i>Harrington</i>, a vessel richly laden, and provisioned
+for a long voyage. The wind blew fair as she lay in Sydney harbour, a
+tempting prize: embracing the favorable moment, Stewart called together
+several companions whom he could trust, and submitted his project, at
+the instant proper for its execution&mdash;the first successfully attempted
+by prisoners. Thus,<span class='pagenum'><a name="Page_41" id="Page_41">[Pg 41]</a></span> before suspicion was awakened, he had seized a
+boat, hurried on board, mastered the crew, and was scudding before the
+breeze. But at sea his good fortune forsook him: the <i>Harrington</i> was
+recaptured by the <i>Greyhound</i>, and both vessels were lost on the coast
+of Luconia.<a name="FNanchor_60_60" id="FNanchor_60_60"></a><a href="#Footnote_60_60" class="fnanchor">[60]</a></p>
+
+<p>These pirates were permitted to land at the Derwent, and were left
+behind by the <i>Venus</i>. They were found at the house of Garth, a settler,
+by soldiers sent to seize spirits secretly landed from the vessel.
+Mistaking the errand of the soldiers, one of these men called on his
+comrade to resist them; and being enraged by a refusal, he fired, and
+inflicted a mortal wound.<a name="FNanchor_61_61" id="FNanchor_61_61"></a><a href="#Footnote_61_61" class="fnanchor">[61]</a> Such complicated crime was not
+extraordinary; but the kind of force necessary in the civil government,
+and the shelter afforded to outlaws, were symptoms of social disorder,
+which soon after assumed an alarming character.</p>
+
+<p>It was the misfortune of Collins to be involved with the parties
+responsible in the deposition of Governor Bligh. This remarkable
+deviation from the ordinary conduct of British soldiers, has been
+attributed partly to the composition of the military force raised for
+that colony, and partly to the temper of Bligh. The officers merged the
+military character in the mercantile spirit, and were accustomed to
+enjoy privileges in virtue of their commissions, which they converted
+into a monopoly of trade. The distance of New South Wales from the
+centre of commerce, induced the crown to provide for the settlers the
+miscellaneous articles which are usually kept only by the shopkeepers.
+At Port Jackson, there were public magazines stored with every requisite
+for domestic use, such as potters' ware, utensils for the kitchen, and
+the implements of farming.<a name="FNanchor_62_62" id="FNanchor_62_62"></a><a href="#Footnote_62_62" class="fnanchor">[62]</a> These were issued at stated prices,
+rather less than such commodities cost in Europe; but to prevent them
+becoming the objects of speculation, an official order for every issue,
+specifying the article, was necessary. Such methods of distribution
+gave, notwithstanding, ample room for partiality and corruption. On the
+arrival of Bligh, he found the improvident settlers, discontented and
+poor, completely in the hands of the martial dealers. Perhaps, from a
+love of justice, he attempted to rescue them from the grasp of these
+intermediate agents, who bought their produce at a narrow price, and
+gave them<span class='pagenum'><a name="Page_42" id="Page_42">[Pg 42]</a></span> in exchange goods bearing an enormous per centage.<a name="FNanchor_63_63" id="FNanchor_63_63"></a><a href="#Footnote_63_63" class="fnanchor">[63]</a> Bligh
+permitted the farmers to draw from the public magazine whatever was
+necessary for private use, and took their engagement to deliver their
+grain to the stores at the close of the harvest. This interruption to
+the customary dealings of the officers, naturally provoked them: Bligh
+reciprocated their aversion, and resented their disrespect. It is,
+indeed, stated by Wentworth, that this unfortunate officer renewed in
+New South Wales, the same tyranny which it is alleged had driven seamen
+of the <i>Bounty</i> to mutiny: that his disposition was brutal, and that he
+refined on the modes of inflicting torture.<a name="FNanchor_64_64" id="FNanchor_64_64"></a><a href="#Footnote_64_64" class="fnanchor">[64]</a></p>
+
+<p>Bligh was arrested on the 26th January, 1808. A complicated quarrel with
+Mr. Macarthur, formerly paymaster of the New South Wales corps, arising
+out of mercantile transactions, was the occasion of the military
+insurrection. Having refused to attend a summons, Macarthur was
+apprehended on a warrant, and committed for trial: he was charged with
+an intention to stir up the people of the colony to hatred of the
+governor and of government&mdash;words of ominous import, when read in the
+light of colonial history.<a name="FNanchor_65_65" id="FNanchor_65_65"></a><a href="#Footnote_65_65" class="fnanchor">[65]</a> Except the president of the court, the
+officers were more favorable to the accused than to the governor, and
+regarded him as the victim of a common cause. In his address to the
+court, Mr. Macarthur objected to the judge advocate, as a person
+disreputable in character, and actuated by feelings of hostility against
+himself. That functionary then threatened to commit Macarthur for
+contempt: Captain Anthony Fenn<span class='pagenum'><a name="Page_43" id="Page_43">[Pg 43]</a></span> Kemp interposed, with a threat "to
+commit the judge advocate himself;" who, seeing among the spectators
+many soldiers wearing side-arms, and fearing for his personal safety,
+left the bench. Macarthur again appealled to his military brethren to
+preserve him from the ruffian constabulary: they immediately ordered the
+soldiers present to protect him against the peace officers. This
+interference was represented as an illegal rescue; Macarthur, however,
+surrendered to the provost marshal, and was lodged in gaol.</p>
+
+<p>The governor resolved to bring to trial the six officers who had
+repelled the judge advocate, for treasonable practices; and, as a
+preliminary step, ordered that they should appear before the bench of
+magistrates, of whom Colonel Johnston, their commander, was one. It was
+now supposed, that Bligh intended to constitute a novel court of
+criminal jurisdiction, and that he had resolved to carry to the last
+extremes the hostility he had declared. Colonel Johnston, as a measure
+of self defence, was induced to march his regiment to government house,
+and place his Excellency under arrest&mdash;demanding his sword, and his
+commission as governor.<a name="FNanchor_66_66" id="FNanchor_66_66"></a><a href="#Footnote_66_66" class="fnanchor">[66]</a></p>
+
+<p>This transaction throughout, caused a very strong sensation, both in the
+colony and at home. Opinions widely differ respecting its origin and its
+necessity. That it was illegal, it may be presumed, no one will deny:
+that it was wanton, is not so indisputable. The unfortunate termination
+of Bligh's first expedition to Tahiti, the imputations of harshness and
+cruelty for ever fastened to his name, and the disreputable agents he
+sometimes employed in his service, made the position of the officers
+extremely anxious, if not insecure. Bligh had become popular with the
+expiree settlers, who reckoned a long arrear of vengeance to their
+military taskmasters; and who, with the law on their side, or
+encouragement from the governor, might have been expected to shew no
+mercy. Had Bligh escaped to the interior, the personal safety of the
+officers might have been perilled. The settlers, led on by the undoubted
+representative of the crown, would have been able to justify any step
+necessary for the recovery of his authority, and at whatever sacrifice
+of life.</p>
+
+<p>Bligh was permitted to embark on board the <i>Porpoise</i><a name="FNanchor_67_67" id="FNanchor_67_67"></a><a href="#Footnote_67_67" class="fnanchor">[67]</a>, to<span class='pagenum'><a name="Page_44" id="Page_44">[Pg 44]</a></span> proceed
+forthwith to Great Britain, engaging not to communicate with any
+intermediate British colony. He bound himself upon his honor as an
+officer and a gentlemen to attempt nothing to the disturbance of the
+existing government, pending the reference to Downing-street. This
+agreement he made with Colonel Paterson, who had no part in the revolt.
+When upon the quarter-deck of the <i>Porpoise</i>, he repudiated these
+engagements, and ordered Lieutenant Kent, then in command, to batter
+down Sydney, and to restore his authority by force;&mdash;a task he declined.
+He, however, sailed for the Derwent, where his vessel was still lying,
+when unknown to him Macquarie arrived in New South Wales. Bligh had
+dispatched information of the insurrection at the earliest opportunity,
+and the ministers lost no time in forwarding new troops. The ships
+approached the harbour, prepared to pour in a broadside, but the
+government was instantly delivered up to the newly appointed head, by
+Colonel Paterson, the officer in command. The greater part of his
+official acts were prudently confirmed by Governor Macquarie, although
+the gifts and appointments of the interim government were declared null
+and void.</p>
+
+<p>When Bligh arrived at Hobart Town, he was received by Collins with the
+respect due to his station; he was, however, soon followed by
+despatches, which informed the lieutenant-governor of the movements at
+Sydney. Collins, Bligh stated, intended to arrest him; at all events he
+re-embarked, and the settlers were interdicted from holding
+communication. A free man, Mr. Belbin, was flogged for the infraction of
+this order, but afterwards received a grant from the crown in reward for
+his loyalty. Mr. George Guest espoused the same side: the vessel was
+ill-provisioned, and he secretly drove down his cattle to the beach,
+where some were slaughtered for the use of the <i>Porpoise</i>.</p>
+
+<p>In extenuation of the conduct of Collins, it will be remembered that
+Bligh was already deposed, when he appeared in the Derwent; and that his
+attempted resumption of office was a breach of his parole. The
+impression prevailed that Bligh, if restored, would exact sanguinary
+vengeance. The<span class='pagenum'><a name="Page_45" id="Page_45">[Pg 45]</a></span> union of the officers was requisite to preserve order,
+even in the most quiet times: when deprived of military authority, it
+was the moral duty of Bligh to await the interference of the supreme
+government, and not needlessly expose those whom he was unable to
+protect, to the double danger of disloyalty and faction.</p>
+
+<p>Bligh returned to Port Jackson: though the time for his honorary
+restitution was passed, he was received with respectful formality. A
+proclamation had already been issued, prohibiting suits of law for
+injuries suffered from the usurping government, and giving indemnity and
+protection to all who had acted under its authority; but Bligh was
+empowered to carry home all who might be able to throw light on his
+deposition. This order must have terminated the government of Collins,
+had he survived. Colonel Johnstone was tried and cashiered (but
+permitted to sell his commission), and the mildness of his sentence was
+attributed by the crown to the extraordinary circumstance of the
+case.<a name="FNanchor_68_68" id="FNanchor_68_68"></a><a href="#Footnote_68_68" class="fnanchor">[68]</a></p>
+
+<p>This was the last important occurrence in the eventful life of Collins:
+he died on the 24th March, 1810, in the fifty-sixth year of his age,
+having held the administration six years and thirty-six days. His death
+was sudden: except a slight cold, there was little warning of its
+approach. He died whilst sitting in his chair, and conversing with his
+attendant. His funeral was celebrated with all the pomp the colony could
+command, and 600 persons were present.<a name="FNanchor_69_69" id="FNanchor_69_69"></a><a href="#Footnote_69_69" class="fnanchor">[69]</a> The share he accepted in the
+responsibility of the deposition of Bligh, disturbed his tranquillity,
+and it was thought hastened his end.</p>
+
+<p>In 1810, Collins attempted to establish a newspaper&mdash;<i>The Derwent Star,
+and Van Diemen's Land Intelligencer</i>.<a name="FNanchor_70_70" id="FNanchor_70_70"></a><a href="#Footnote_70_70" class="fnanchor">[70]</a> Though but a quarto leaf, with
+broad margin, and all the contrivances which dilate the substance of a
+journal, it was much too large for the settlement&mdash;where often there was
+nothing to sell; where a birth or marriage was published sooner than a
+paragraph could be printed; where a taste for general literature had no
+existence, and politics were excluded. The chief contents were droll
+anecdotes and odd exploits. The second number contains a rather pompous
+account of Governor Macquarie's inauguration at Sydney.<span class='pagenum'><a name="Page_46" id="Page_46">[Pg 46]</a></span> The next issue,
+beside a government order or two, describes the feat of Barclay, the
+pedestrian&mdash;a thousand miles in a thousand hours; the wonderful
+longevity of Joseph Ram, a black of Jamaica, who died in his 140th year;
+then the greatness of Lambert, whose body weighed 52 lbs. fourteen times
+told; and who was sent by an inclined plane into his grave. Then follow
+an eulogy on the governor's profession, one trial, one ship, two births,
+and one marriage. The notice of a wedding is characteristic and
+unique&mdash;the first published by the Tasmanian press:&mdash;"On Monday, 26th
+ult., R. C. Burrows to Elizabeth Tucker, both late of Norfolk Island.
+They had cohabited together fourteen years, verifying at last the old
+adage&mdash;<i>better late than never</i>."<a name="FNanchor_71_71" id="FNanchor_71_71"></a><a href="#Footnote_71_71" class="fnanchor">[71]</a> Such were the topics of this
+ephemeral journal, which, however, survived the governor himself. In the
+number published a few days before his decease, are the following
+lines:&mdash;</p>
+
+<p>
+<span style="margin-left: 2em;">"And thou, dear Cobham, with thy latest breath</span><br />
+<span style="margin-left: 2em;">Shall feel thy ruling passion strong in death:</span><br />
+<span style="margin-left: 2em;">Such in that moment, as in all the past:</span><br />
+<span style="margin-left: 2em;">'O, save my country, heaven!' shall be thy last."</span><br />
+</p>
+
+<p>Collins was the son of General Arthur Tooker Collins and Harriet Fraser,
+of Pack, in King's County, Ireland: he was the grandson of Arthur
+Collins, author of the <i>Peerage of England</i>.<a name="FNanchor_72_72" id="FNanchor_72_72"></a><a href="#Footnote_72_72" class="fnanchor">[72]</a> At fourteen years of
+age he was lieutenant of marines; two years after, he commanded the
+military guard which attended Matilda, Queen of Denmark, to her
+brother's Hanoverian dominions, and had the honor of kissing her hand.
+It is said that, three years subsequent, he distinguished himself in
+that fatal conflict already noticed&mdash;the battle of Bunker's Hill. In
+1774, he was captain of marines in the <i>Courageux</i>, of 74 guns,
+commanded by Lord Mulgrave, and was present with Lord Howe, at the
+relief of Gibraltar. At the peace of 1782, he retired to Rochester, in
+Kent, with his lady, an American, who survived him. The despatch,
+announcing his decease, was filled with lamentations: "I am sure," said
+the writer, "when I speak the feelings of my heart on this melancholy
+occasion, that it is not my single voice, but that of every department
+whatsoever in the settlement, who with the most heartfelt regret
+acknowledge him to have been the father and the friend of all," His
+person was remarkably handsome, and his manners prepossessing: to a
+cultivated understanding, and an<span class='pagenum'><a name="Page_47" id="Page_47">[Pg 47]</a></span> early fondness for literature, he
+joined a most cheerful and social disposition.</p>
+
+<p>Colonel Collins was buried in the church-yard of St. David's, Hobart
+Town. To provide a temporary place for public worship, a small wooden
+church was erected on the spot, and its altar was reared over his grave.
+This building was blown down in a tempest, and its materials being
+carried off, left the resting place of Collins long exposed to the
+careless tread of the stranger. Sir John Franklin, always generous to
+the memory of official worth, reared a monument, bearing this
+inscription:&mdash;</p>
+
+<p style="text-align: center">
+Sacred<br />
+to the Memory of<br />
+DAVID COLLINS, ESQ.,<br />
+Lieutenant Governor of this Colony,<br />
+and Lieutenant Colonel of the Royal Marine Forces.<br />
+On the first establishment of the colony of<br />
+New South Wales he was employed as Judge Advocate,<br />
+And in the year 1803<br />
+he was entrusted by his Majesty's government<br />
+with the command of an expedition,<br />
+destined to form a settlement at Port Phillip,<br />
+on the south coast of New Holland;<br />
+but which was subsequently removed to<br />
+Van Diemen's Land.<br />
+<br />
+&mdash;&mdash;&mdash;&mdash;&mdash;<br />
+<br />
+
+Under his direction as Lieutenant Governor,<br />
+the site of this town was chosen,<br />
+and the foundation of its first building<br />
+laid in 1804.<br />
+He died here on the 28th of March, 1810,<a name="FNanchor_73_73" id="FNanchor_73_73"></a><a href="#Footnote_73_73" class="fnanchor">[73]</a><br />
+aged 56 years.<br />
+And this monument long projected<br />
+was erected to his memory in 1838,<br />
+by direction of His Excellency<br />
+<span class="smcap">Sir John Franklin, K.C.H., K.R.</span><br />
+</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_41_41" id="Footnote_41_41"></a><a href="#FNanchor_41_41"><span class="label">[41]</span></a> <i>Ross's Almanack</i>, 1829.</p></div>
+
+<div class="footnote"><p><a name="Footnote_42_42" id="Footnote_42_42"></a><a href="#FNanchor_42_42"><span class="label">[42]</span></a> Ibid, 1835.</p></div>
+
+<div class="footnote"><p><a name="Footnote_43_43" id="Footnote_43_43"></a><a href="#FNanchor_43_43"><span class="label">[43]</span></a> <i>Wordsworth's Sonnet to the Derwent.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_44_44" id="Footnote_44_44"></a><a href="#FNanchor_44_44"><span class="label">[44]</span></a> Colonel Paterson had been distinguished by his researches
+in Africa, and had gained considerable reputation as a botanist. This
+spirit of enterprise and intelligence he always preserved: he directed
+the government botanical establishment at Parramatta, and the French
+delineated his attainments with more than their usual enthusiasm. He
+superintended the exotic plantation provided for the colonies, and the
+repository of native shrubs intended for the gardens at Kew. His name
+not unfrequently occurs as an adjunct to the scientific descriptions of
+the botanist. Formerly acting governor and commander of the military
+corps of New South Wales, he was not unsuitable for the more direct
+duties of his office. It is, however, as a naturalist that he is
+remembered. <i>He planted trees</i>: some are still growing amidst the
+desolation of York Town. He was the first who attempted to improve the
+grass of the country. He was the author of a volume of travels,
+published in 1789, entitled, <i>Narrative of Four Journies into the
+Country of the Hottentots and Caffraria, in the years</i> 1777-8, <i>and</i> 9.</p></div>
+
+<div class="footnote"><p><a name="Footnote_45_45" id="Footnote_45_45"></a><a href="#FNanchor_45_45"><span class="label">[45]</span></a> <i>Sydney Gazette</i>, 1806.</p></div>
+
+<div class="footnote"><p><a name="Footnote_46_46" id="Footnote_46_46"></a><a href="#FNanchor_46_46"><span class="label">[46]</span></a> Ibid, May, 1812.</p></div>
+
+<div class="footnote"><p><a name="Footnote_47_47" id="Footnote_47_47"></a><a href="#FNanchor_47_47"><span class="label">[47]</span></a> Ibid, May, 1807.</p></div>
+
+<div class="footnote"><p><a name="Footnote_48_48" id="Footnote_48_48"></a><a href="#FNanchor_48_48"><span class="label">[48]</span></a> Lieut. Lord's Evidence, Par. Pap., 1812.</p></div>
+
+<div class="footnote"><p><a name="Footnote_49_49" id="Footnote_49_49"></a><a href="#FNanchor_49_49"><span class="label">[49]</span></a> Johnstone's Trial, p. 337.</p></div>
+
+<div class="footnote"><p><a name="Footnote_50_50" id="Footnote_50_50"></a><a href="#FNanchor_50_50"><span class="label">[50]</span></a> <i>Sydney Gazette</i>, 1808.</p></div>
+
+<div class="footnote"><p><a name="Footnote_51_51" id="Footnote_51_51"></a><a href="#FNanchor_51_51"><span class="label">[51]</span></a> "After numerous observations, we found it&mdash;Lat. 29&deg; 4'
+40". Long. 161&deg; 12' East Greenwich."&mdash;<i>Hunter's Historical Journal.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_52_52" id="Footnote_52_52"></a><a href="#FNanchor_52_52"><span class="label">[52]</span></a> <i>Backhouse's Journal.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_53_53" id="Footnote_53_53"></a><a href="#FNanchor_53_53"><span class="label">[53]</span></a> Collins.</p></div>
+
+<div class="footnote"><p><a name="Footnote_54_54" id="Footnote_54_54"></a><a href="#FNanchor_54_54"><span class="label">[54]</span></a> Holt gives the following curious anecdote:&mdash;"The Rev.
+Henry Fulton was reading the commandments, when Tony Chandler sung
+out&mdash;'turn out, you d&mdash;&mdash;d villians, and launch the boat!' As I was
+going out, I said to Mr. Fulton, 'I perceive Tony Chandler's word has
+more power here than the word of God.' Fulton smiled, and shook his
+head."&mdash;<i>Memoirs</i>, vol. ii. p. 232.</p></div>
+
+<div class="footnote"><p><a name="Footnote_55_55" id="Footnote_55_55"></a><a href="#FNanchor_55_55"><span class="label">[55]</span></a> "At a distance, I saw about fifty men at work, as I
+thought dressed in nankeen jackets, but on nearer approach I found them
+naked, except trousers: they had each a kind of large hoe, about nine
+inches deep and eight wide, and the handle as thick as a shovel, with
+which they turned up the ground."-<i>Holt's Memoirs</i>, vol. ii. p. 79.</p></div>
+
+<div class="footnote"><p><a name="Footnote_56_56" id="Footnote_56_56"></a><a href="#FNanchor_56_56"><span class="label">[56]</span></a> The work is written with considerable strength of
+delineation; although his accounts are not quite safe authority for the
+character of his enemies. His words he spelled after a provincial
+pronunciation: thus, describing the crew of the <i>Sydney</i>, he writes,
+instead of Sepoys and Lascars, "Saypies and Glascars."</p></div>
+
+<div class="footnote"><p><a name="Footnote_57_57" id="Footnote_57_57"></a><a href="#FNanchor_57_57"><span class="label">[57]</span></a> Of the women at Rio, he says&mdash;"Their skin is equal in
+clearness to the skin of a new laid egg: their eyes black as sloes;
+their hair like polished jet; their teeth as even as rows of printing,
+and as white as pearls; their eye-brows like those of a doll: their feet
+and legs, as if they were modelled in wax-work. They are the most
+complete patterns of the neatest form of a woman!"</p></div>
+
+<div class="footnote"><p><a name="Footnote_58_58" id="Footnote_58_58"></a><a href="#FNanchor_58_58"><span class="label">[58]</span></a> Wentworth.</p></div>
+
+<div class="footnote"><p><a name="Footnote_59_59" id="Footnote_59_59"></a><a href="#FNanchor_59_59"><span class="label">[59]</span></a> <i>Derwent Star, January</i>, 1810.</p></div>
+
+<div class="footnote"><p><a name="Footnote_60_60" id="Footnote_60_60"></a><a href="#FNanchor_60_60"><span class="label">[60]</span></a> <i>Cunningham's Two Years in New South Wales</i>, p. 201.</p></div>
+
+<div class="footnote"><p><a name="Footnote_61_61" id="Footnote_61_61"></a><a href="#FNanchor_61_61"><span class="label">[61]</span></a> <i>Derwent Star, February</i>, 1810.</p></div>
+
+<div class="footnote"><p><a name="Footnote_62_62" id="Footnote_62_62"></a><a href="#FNanchor_62_62"><span class="label">[62]</span></a> <i>Peron's Voyage</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_63_63" id="Footnote_63_63"></a><a href="#FNanchor_63_63"><span class="label">[63]</span></a> "It was, we must confess, very provoking to see the
+officers draw goods from the public store, to traffic in them for their
+own private gain, which goods were sent out for the advantage of the
+settlers, who were compelled to deal with those huckster officers for
+such articles as they might require; giving them from 50 to 500 per
+cent. profit, and paying them in grain."&mdash;<i>Memoirs of Holt</i>, vol. ii. p.
+296.</p></div>
+
+<div class="footnote"><p><a name="Footnote_64_64" id="Footnote_64_64"></a><a href="#FNanchor_64_64"><span class="label">[64]</span></a> The instance given by Mr. Wentworth (p. 202), of a man who
+was sent by Bligh with a note to the constable, who was directed to flog
+him, without informing him of its purport, however it might read in
+London, will not seem enormous to a colonist, who could produce many
+parallel cases; it was a practice too common.</p></div>
+
+<div class="footnote"><p><a name="Footnote_65_65" id="Footnote_65_65"></a><a href="#FNanchor_65_65"><span class="label">[65]</span></a> In 1702, Colonel Bayard was tried in New York, charged
+with having used divers indirect practices and endeavours to procure
+mutiny and desertion among the soldiers in the fort, &amp;c. For sending a
+petition to the home government, which received a few military
+signatures, against the governor and the ruling faction, he was
+condemned to death&mdash;in the horrid terms included in the penalty of high
+treason. Before the sentence was executed, Lord Cornbury arrived: the
+chief justice <i>fled to England</i>; Lord Cornbury, however, it is said;
+destroyed the factions of New York, by oppressing them both: "and the
+contest soon began, which ended in the establishment of a free and
+independent nation."&mdash;<i>Chandler's American Trials.</i> Boston: vol. i. p.
+294.</p></div>
+
+<div class="footnote"><p><a name="Footnote_66_66" id="Footnote_66_66"></a><a href="#FNanchor_66_66"><span class="label">[66]</span></a> <i>Lang's History of New South Wales</i>, vol. i. p. 110.</p></div>
+
+<div class="footnote"><p><a name="Footnote_67_67" id="Footnote_67_67"></a><a href="#FNanchor_67_67"><span class="label">[67]</span></a> Dr. Lang states, that "he was obliged to sign an agreement
+to quit the colony forthwith; but instead of proceeding to England,
+Governor Bligh landed at the Derwent."&mdash;(vol. i. p. 121). And seems
+rather to extenuate this breach of faith. Were no agreement of this
+class binding the rigours of captivity and civil strife could never be
+mitigated. The following is Bligh's own statement:&mdash;"I took the
+<i>Porpoise</i> on the terms they proposed to me, and the moment I got the
+command of the <i>Porpoise</i>, I took care to keep it, and would not suffer
+any of these terms, or any thing which they said to have the least
+influence on my mind."&mdash;Johnstone's trial, p. 33.</p></div>
+
+<div class="footnote"><p><a name="Footnote_68_68" id="Footnote_68_68"></a><a href="#FNanchor_68_68"><span class="label">[68]</span></a> Horse Guards. July 1811.</p></div>
+
+<div class="footnote"><p><a name="Footnote_69_69" id="Footnote_69_69"></a><a href="#FNanchor_69_69"><span class="label">[69]</span></a> <i>New South Wales Gazette</i>, 1810.</p></div>
+
+<div class="footnote"><p><a name="Footnote_70_70" id="Footnote_70_70"></a><a href="#FNanchor_70_70"><span class="label">[70]</span></a> Printed by J. Barnes and T. Clark, at the Government
+Press, Hobart Town.</p></div>
+
+<div class="footnote"><p><a name="Footnote_71_71" id="Footnote_71_71"></a><a href="#FNanchor_71_71"><span class="label">[71]</span></a> <i>Derwent Star, March 6th</i>, 1810.</p></div>
+
+<div class="footnote"><p><a name="Footnote_72_72" id="Footnote_72_72"></a><a href="#FNanchor_72_72"><span class="label">[72]</span></a> <i>Collins's Peerage</i>: of venerable authority.&mdash;<i>Quarterly
+Review</i>, 1820.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IIIa" id="SECTION_IIIa"></a>SECTION III</h3>
+
+
+<p>On the demise of Colonel Collins, the government devolved on Lieutenant
+Edward Lord, until the arrival of Captain Murray, of the 73rd regiment.</p>
+
+<p>The governor-in-chief visited Van Diemen's Land during Captain Murray's
+administration. This auspicious event was<span class='pagenum'><a name="Page_48" id="Page_48">[Pg 48]</a></span> the subject of great
+exultation. Macquarie was received with all possible formality and
+tokens of gladness: a salute from a battery of no great power; an
+illumination in the small windows of the scattered cottages; and
+addresses delivered by delegates, not bound to declare the number of
+their constituents.<a name="FNanchor_74_74" id="FNanchor_74_74"></a><a href="#Footnote_74_74" class="fnanchor">[74]</a></p>
+
+<p>Nothing remarkable is remembered of this visit, except <span class='pagenum'><a name="Page_49" id="Page_49">[Pg 49]</a></span>that Macquarie
+traced the future city. He complained of the utter neglect of right
+lines in the erection of dwellings, which advanced or retreated
+according to the whim of the builder. The centre of the projected town
+he called St. George's Square: in this he intended to rear a church and
+town hall, and the quarters of the main guard: the open space he
+designed for a market. The streets which intersect each other he called
+by the names which still distinguish them: Liverpool-street after the
+minister of that name; Macquarie-street after himself; Elizabeth-street
+in honor of his lady; Argyle-street, of their native country; and
+Murray-street in compliment to the officer in command. The plan sketched
+by Macquarie has not been absolutely followed, nor has it been improved.
+He ordered the erection of a signal staff on Mount Nelson, named after
+the vessel which brought him to port, and conveyed him safely to Port
+Jackson. The settlers on the Derwent expressed a fervent admiration of
+his devotedness in thus venturing to face the dangers of the visit;
+especially accompanied by his consort&mdash;so they distinguished Mrs.
+Macquarie. The governor merited their gratitude, for his hand was
+liberal.<a name="FNanchor_75_75" id="FNanchor_75_75"></a><a href="#Footnote_75_75" class="fnanchor">[75]</a></p>
+
+<p>In February, 1812, Colonel Geils became acting Lieutenant-Governor, and
+remained until the arrival of Colonel Davey. Colonel Geils devoted great
+attention to agricultural pursuits, and first formed at Risdon a
+considerable farming establishment. Ordered to India with the troops
+under his command, he forwarded his youthful sons to the Cape of Good
+Hope, thence to be conveyed to England. The colonists heard soon after
+with deep commiseration, that the vessel in which they re-embarked was
+lost.</p>
+
+<p>Colonel Davey, the second Governor of Van Diemen's Land, arrived on the
+4th February, 1813. His manner of entrance indicated the peculiarity of
+his character, for the weather being warm he carried his coat on his
+arm, and<span class='pagenum'><a name="Page_50" id="Page_50">[Pg 50]</a></span> announced himself at the house where he sought temporary
+accommodations: nor did his subsequent administration differ from its
+unceremonious beginning. He took pleasure in practical jokes and rough
+humour: his countenance was strongly marked, and, by a peculiar motion
+of the scalp, he delighted to throw his forehead into comical
+contortions. He shared in common a taste for spirituous liquors, and was
+not unwilling to participate wherever he was welcome as a guest. On what
+principle he was selected to conduct the affairs of a remote and
+reformatory settlement, it would be useless to conjecture. As a marine,
+he had been present in many important actions; among the rest, at the
+battle of Trafalgar. His intended departure from England he concealed
+from his family, by whom it was discovered accidentally: they reached
+the vessel by extraordinary exertions, and in neglect of all the usual
+preparations for the voyage. The ship which conveyed his luggage was
+taken by the Americans, during the war&mdash;for him a fortunate loss:
+indemnified by the largest grant ever conferred in this island (3,000
+acres); for it was not pretended that the captors could have made an
+extensive prize.</p>
+
+<p>Mrs. Davey, a lady of a meek and uncomplaining spirit, is spoken of with
+respect, and the governor himself with kindness; for under a rough
+exterior was concealed a generous disposition.</p>
+
+<p>During Davey's government, two hundred female prisoners were brought
+down from Sydney, in the brig <i>Kangaroo</i>: proclamation was made, and the
+settlers were invited to receive them. There was little delicacy of
+choice: they landed, and vanished; and some carried into the bush,
+changed their destination before they reached their homes. Yet such is
+the power of social affections, several of these unions yielded all the
+ordinary consolations of domestic life!</p>
+
+<p>The conveniences of civilisation were not wholly neglected. The ports
+were opened for general commerce (June, 1813): houses of trade were
+established, and Messrs. Kemp and Gatehouse, Messrs. E. Lord and J. H.
+Reibey, supplied the colony with English goods: the most necessary
+articles had often been wanting. The settlers purchased even the
+clothing of the prisoners, as preferable to the skins of animals by
+which they were often clad.</p>
+
+<p>The resources of the colony were developed: Mr. Birch, an enterprising
+merchant, fitted out a vessel to survey the western coasts (1816), and
+Captain Kelly discovered Macquarie Harbour and Port Davey: Captain
+Florence found<span class='pagenum'><a name="Page_51" id="Page_51">[Pg 51]</a></span> a new species of pine, very highly valued by artificers.
+Mr. Birch was rewarded with one year's monopoly of the trade he had
+opened.</p>
+
+<p>The whale fishery was considerably enlarged: corn was exported; the
+plough introduced, and gradually superseded the hoe; a mill erected; and
+(February, 1817) the foundation of St. David's Church was laid. Passage
+boats connected the banks of the Derwent; a civil court for the recovery
+of debts, not exceeding &pound;50, was established. A newspaper&mdash;a second time
+attempted in 1814 without success, when the commercial strength of the
+community was indicated by two or three advertisements&mdash;was at length
+published under better auspices. On the 1st June, 1816, Mr. Andrew Bent
+issued the first number of the <i>Hobart Town Gazette and Southern
+Reporter</i>, and thus brought into permanent action an agency which has
+promoted as well as recorded the advancement of the community. Nor can
+it be recollected without regret, that he, an undoubted benefactor of
+the colony, is left to an indigent old age, cut off from the prosperity
+to which his early labors contributed.</p>
+
+<p>The welfare of Van Diemen's Land was greatly retarded by the number,
+daring, and prolonged depredations of the bushrangers. In some
+districts, the inhabitants offered a sanctuary to criminals, and, as
+their scouts, gave notice of the approach of danger; while in others the
+settlers were driven before them. To check their ravages, Colonel Davey
+declared the whole colony under martial law: he punished with flogging
+persons, whether free or bond, who quitted their houses by night.
+Several offenders were captured, and suffered death.<a name="FNanchor_76_76" id="FNanchor_76_76"></a><a href="#Footnote_76_76" class="fnanchor">[76]</a> The
+inhabitants, to the number of six hundred, expressed their approval of
+this stretch of power, but it was promptly disallowed by the
+governor-in-chief. On many previous occasions the same course had been
+pursued. To constitutional law, the lieutenant-governor was both
+indifferent and a stranger.</p>
+
+<p>Colonel Davey, when he relinquished his office, remained for some time
+as a settler; he was not, however, successful. He returned to England,
+where he died on the 2nd May, 1823. His contemporaries speak of his
+character in terms of eulogy. The modern colonist will remember, that
+the tastes of society have since that period been modified, even in
+Great Britain; and that character can never be fairly judged when
+separated from the circumstances in which it is<span class='pagenum'><a name="Page_52" id="Page_52">[Pg 52]</a></span> developed. Then, the
+town was a mere camp: the etiquette of office, necessary when a
+community is advanced, would be folly in its infancy.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_73_73" id="Footnote_73_73"></a><a href="#FNanchor_73_73"><span class="label">[73]</span></a> Collins, according to most authorities, died on the 24th
+March, 1810.</p></div>
+
+<div class="footnote"><p><a name="Footnote_74_74" id="Footnote_74_74"></a><a href="#FNanchor_74_74"><span class="label">[74]</span></a>
+</p><p>
+"<i>To his Excellency</i> <span class="smcap">Lachlan Macquarie, Esq</span>., <i>Captain-General<br />
+and Commander-in-chief of his Majesty's Territory of New South<br />
+Wales and its Dependencies, &amp;c. &amp;c. &amp;c.</i><br />
+</p><p>
+"We, the inhabitants, settlers, and freeholders of his Majesty's
+settlement established at the Derwent, Van Diemen's Land, impressed with
+the most fervent zeal for his Majesty's government, and the most
+profound respect, esteem, and veneration for your Excellency, most
+dutifully congratulate you on your arrival at Hobart Town.
+</p><p>
+"When men, whose characteristic is industry, consider themselves
+governed by an Officer in whom his Majesty has reposed merited
+confidence, who in order to promote agriculture, encourage morality,
+efface dissension, and patronise the industrious and deserving part of
+our community, leaves his seat of government, and exposes himself and
+his worthy Consort, under many privations, in a small vessel, to the
+dangers of a coasting voyage on these seas, a natural emulation must
+necessarily arise in the breasts of the inhabitants to merit, by an
+inviolable attachment to the laws, and an adherence to the regulations
+of the colony, the patronage, favour, and protection of such an
+unequalled Governor.
+</p><p>
+"We humbly presume to hope that the favorable impressions which our
+industrious exertions have made on your Excellency's mind on your seeing
+Hobart Town and its vicinity, will become much increased on your return
+from that tour through the different settlements which your Excellency's
+intuitive mind may induce you to make.
+</p><p>
+"Independent of the high consideration in which we hold your Excellency
+as the Representative of our Most Gracious Sovereign, we presume to
+solicit your acceptance of our most unqualified respect for your
+Excellency's person, and with duty, in the name and on the behalf of the
+inhabitants in general, subscribe ourselves your Excellency's most
+devoted servants,
+</p><p style="text-align: right">"R. W. <span class="smcap">Loane</span>,  J. <span class="smcap">Ingle</span>,<br />
+"T. W. <span class="smcap">Birch</span>,  A. <span class="smcap">Whitehead</span>."
+</p>
+
+<hr style="width: 30%;" />
+
+<p style="text-align: right">"<i>Hobart Town, Van Diemen's Land, November 26</i>, 1811.<br />
+</p><p>
+"<span class="smcap">Gentlemen</span>,&mdash;The address which I have this day the satisfaction to
+receive from you has been gratifying to me, and I beg you to believe
+that the inconveniences I have experienced in my voyage to Van Diemen's
+Land, have been amply compensated in the pleasure I feel on seeing one
+of the finest countries in the world in a state of rapid improvement by
+the exertions of his Majesty's loyal subjects settled here, in whose
+welfare I shall at all times feel a warm interest; and sincerely hope
+that the industry so happily begun will be persevered in with success.
+</p><p>
+"I return you many thanks for the sentiments of regard you have been
+pleased to express towards me.&mdash;I have the honor to be, Gentlemen, your
+most obedient and most humble servant,
+</p>
+<p style="text-align: right">"(Signed) <span class="smcap">Lachlan Macquarie</span>.<br /></p>
+<p>"To Messrs. R. W. Loane, J. Ingle, T. W. Birch, and <br />
+A. Whitehead, the Committee who presented the <br />
+Address from the inhabitants of the Settlement at <br />
+Hobart Town, in Van Diemen's Land."</p></div>
+
+<div class="footnote"><p><a name="Footnote_75_75" id="Footnote_75_75"></a><a href="#FNanchor_75_75"><span class="label">[75]</span></a> The complimentary style in which the settlers addressed
+the Macquarie family was not without reason. It is said that Mrs. Kate
+Kearney, when the high price of her butter was complained of by the
+governor, stopped the supply. Mrs. Macquarie, curious to see this
+independent milk-seller, paid her a visit: when she entered, the old
+lady received her very graciously, and asked after the health of the
+Governor, and added, "how is the young Prince?" The story goes, that she
+received a valuable grant of land for this well-timed compliment. A
+bullock driver, who attended Mrs. Macquarie during one of these visits,
+annoyed her by swearing at the cattle: she promised to obtain him his
+free pardon, if he would only treat the animals with more civility. A
+hundred such stories are current; but he who has been accustomed to sift
+them, may take them for their worth.</p></div>
+
+<div class="footnote"><p><a name="Footnote_76_76" id="Footnote_76_76"></a><a href="#FNanchor_76_76"><span class="label">[76]</span></a> See vol. ii, p. 129, of this History, for an account of
+bushranging.</p></div>
+</div>
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IVa" id="SECTION_IVa"></a>SECTION IV</h3>
+
+<p>In planting the colony of New South Wales, it was requisite to provide a
+form of government adapted for a community without precedent. That
+instituted was equally alien from established usage. It conferred powers
+on the governor beyond the dreams of ordinary princes, and violated all
+the constitutional guarantees which support the rights of subjects. The
+American colonies derived their constitutions, some from the
+prerogatives of the crown, others from parliament, under acts
+prescribing their structure and limiting their jurisdiction. In some
+cases the British legislature authorised the crown to convey the powers
+of government at its own discretion, and its own agents. In the reign of
+George III.<a name="FNanchor_77_77" id="FNanchor_77_77"></a><a href="#Footnote_77_77" class="fnanchor">[77]</a> the parliament passed the Quebec Act, which defined the
+powers of Canadian legislation and judicature, and thus established a
+course that has never since been abandoned.</p>
+
+<p>The immediate design and composition of the Australian colony precluded
+the forms of constitutional freedom: the object of the laws and
+regulations were but remotely connected with the ordinary interests of
+British citizens. Having obtained, therefore, the authority to institute
+a government, the crown put into commission the powers it received, but
+left to the local authorities to interpret and apply them.<a name="FNanchor_78_78" id="FNanchor_78_78"></a><a href="#Footnote_78_78" class="fnanchor">[78]</a></p>
+
+<p>The court of criminal jurisdiction was composed of seven officers, of
+whom the judge advocate was one. It could only assemble on the summons
+of the governor: his precept determined who, or whether any should sit,
+and thus regu<span class='pagenum'><a name="Page_53" id="Page_53">[Pg 53]</a></span>lated the jury: as their commander his influence was
+great&mdash;greater, as the dispenser of royal patronage.</p>
+
+<p>The powers of the grand jury devolved on the judge advocate, who framed
+the indictment, and determined beforehand the probability of guilt: he
+thus sat in a cause which he had judged already. The prosecutor
+conducted his own case: witnesses were examined in open court, and the
+accused was unassisted by counsel. Nor was unanimity required: yet five
+in seven were necessary in capital cases, to authorise an immediate
+execution. The judge advocate deliberated with his co-jurors in secret,
+and the court was re-opened only when they had agreed upon their
+verdict, and determined the sentence. Thus in ordinary cases the weight
+of authority in deciding guilt, as well as apportioning punishment,
+usually rested with an officer officially connected with the government.
+The operation of this court was liable to serious constitutional
+objections. It was in the power of the governor to exclude the subject
+from the protection of the law, by shutting up the court, and by the
+arbitrary selection of its members to anticipate its decision.</p>
+
+<p>In conducting the business of the court, its members dispensed with the
+niceties of law, and gave their verdict upon what appeared to be the
+substantial merits of the case. From the age of fourteen, the first
+judge advocate had been employed in the royal marine service, and
+whatever intelligence his writings display, they exhibit utter disregard
+of rights recognised by the British constitution. His successors in
+office, for two-and-twenty years, until the appointment of Mr. Ellis
+Bent, were gentlemen connected with the military profession, who were
+unassisted, except by such lawyers as the lottery of transportation
+threw in their way: thus, while they were limited by parliament to a
+jurisdiction according to the laws of the realm,<a name="FNanchor_79_79" id="FNanchor_79_79"></a><a href="#Footnote_79_79" class="fnanchor">[79]</a> they were more than
+usually unacquainted with their nature, and indifferent to their
+observance.</p>
+
+<p>Such were the inherent defects of this form of judicature, from the
+large influence possessed by the executive; which could determine the
+time of sitting and the members of the court; which denied the right of
+challenge, and accepted the concurrence of five voices only in cases of
+life and death&mdash;and those of persons subject to the influence of the
+governor and unaccustomed to weigh evidence, or to defer to the<span class='pagenum'><a name="Page_54" id="Page_54">[Pg 54]</a></span> maxims
+of civil tribunals. But if the constitution of the court was a subject
+of just complaint, the creation of new offences by unauthorised
+legislation, was still less acceptable to English statists.</p>
+
+<p>The court proceeded smoothly, so long as none but convicts or persons of
+trivial influence were in question; but the dispute with Governor Bligh
+disclosed the dangers with which it was fraught: the sympathy of the
+jurors with the accused frustrated his prosecution, and overthrew the
+executive.</p>
+
+<p>The <i>esprit du corps</i> of the jurors occasionally appeared in their
+verdict: the decision of a cause in which an officer was the aggressor,
+or one which interested the passions, did not command the confidence of
+the people.</p>
+
+<p>The jeopardy of justice was illustrated by a dispute, in which the Rev.
+Mr. Marsden was complainant, and the secretary of the governor the
+defendant. Mr. Campbell was the censor of the New South Wales press: he
+admitted an article, which imputed to Mr. Marsden (1817) the abuse of
+his office as agent for the missionary societies, and of using muskets
+and gunpowder as articles of traffic with the natives of the Pacific.
+The judge advocate in this instance was said to attempt to shelter the
+offender by the influence of his three-fold office&mdash;as the law adviser
+of the governor, the public prosecutor, and member of the court of
+criminal jurisdiction. His reluctance to admit the evidence, and to take
+the preliminary steps in the prosecution, and his direction to deliver
+an inoperative verdict, were held fatal evidences that impartiality
+could not be secured by uniting functions so inconsistent with each
+other.</p>
+
+<p>The jurors were not unfrequently interested: in some instances the
+prosecutor sat as witness and judge, giving the principal evidence in
+the case in which he was both to decide the guilt and apportion the
+punishment.<a name="FNanchor_80_80" id="FNanchor_80_80"></a><a href="#Footnote_80_80" class="fnanchor">[80]</a></p>
+
+<p>The establishment of a court of criminal jurisdiction was alone
+authorised by the parliament: the necessity for supplemental laws was
+not foreseen, but was soon perceived. The governors assumed the
+legislative authority, under the disguise of orders and regulations,
+often contrary to the principles of English law, and sustained by
+penalties unknown in Great Britain. These were not collated until a late
+period: their provisions were imperfectly promulgated. In enforcing
+them, the governors relied on the impotence<span class='pagenum'><a name="Page_55" id="Page_55">[Pg 55]</a></span> of resistance, and
+justified their enactment on the ground of expediency.</p>
+
+<p>Had the parliament conveyed a legislative power, the ordinary
+precautions and limitations would have been embodied for that purpose:
+thus the free subjects of the king would have known the extent of their
+liabilities, both to prohibitions and penalties. An unfettered despotism
+drew no distinction, but rejected all questions of legality as
+contumacious.</p>
+
+<p>Among the subordinate officers, were some high in rank, natives of
+France, who had emigrated during the revolution, or had by incurring the
+hatred of its government deserved the patronage of our own. Profoundly
+indifferent to the rights of freedom, and ignorant of the forms or
+proper subjects of judicial investigation, an "order" was far more
+sacred in their eyes, than the volumes of Blackstone. English gentlemen
+might have recalled the solemn warnings of history which check
+aggressions on private liberty, but an exiled adherent of Bourbon
+princes was not likely to be embarrassed by educational prejudices. Not
+that British officers were really more scrupulous, or offered by their
+habits a better guarantee for the legality of their administration.<a name="FNanchor_81_81" id="FNanchor_81_81"></a><a href="#Footnote_81_81" class="fnanchor">[81]</a></p>
+
+<p>The minor offences of prisoners passed under the summary adjudication of
+magistrates. They often indulged in the lowest humour or furious
+passion: they applied torture to extract confessions, and repeated
+flagellation until it became dangerous to life.</p>
+
+<p>The long delay of legislative remedies, when omissions and defects were
+discovered, is a proof of ministerial indifference. The crown provided a
+court of criminal jurisdiction for Port Phillip: the jurisdiction was
+strictly local, and the judge advocate ceased to act when Van Diemen's
+Land was occupied; but twenty years elapsed before the deficiency was
+supplied. Again, the criminal<span class='pagenum'><a name="Page_56" id="Page_56">[Pg 56]</a></span> court of New South Wales was limited to
+islands adjacent to the <i>eastern coast</i>.<a name="FNanchor_82_82" id="FNanchor_82_82"></a><a href="#Footnote_82_82" class="fnanchor">[82]</a> The discovery of Bass's
+Strait proved that Van Diemen's Land was not included in this
+geographical definition, and the scrupulous or idle judges for a long
+time evaded the holding of courts in this island, which was thus
+surrendered to disorder. In the absence of a legal court, the
+magistrates set up a jurisdiction of their own. Criminal trials were
+dispatched by the simplest process, and the mixed penalties of a
+military and civil court inflicted on the assumed offender.<a name="FNanchor_83_83" id="FNanchor_83_83"></a><a href="#Footnote_83_83" class="fnanchor">[83]</a> Thus,
+the negligent provision for the administration of justice secured
+impunity to crime, or seemed to require an arbitrary tribunal.</p>
+
+<p>The proclamation of martial law, was to relieve the government from the
+restraints of forms. The facility with which justice could be
+administered by it, was illustrated at the Castle Hill insurrection: no
+life being lost on the government side, the victorious troops arranged
+that every third man convicted should be hanged. They drew the names of
+the sufferers by lot, and were proceeding with great vigour, when the
+appearance of the governor suspended the execution.<a name="FNanchor_84_84" id="FNanchor_84_84"></a><a href="#Footnote_84_84" class="fnanchor">[84]</a> The dangerous
+usurpation in both Norfolk Island and Van Diemen's Land, led to the
+hasty sacrifice of life.</p>
+
+<p>The scarcity of corn was once deemed a sufficient justification, when
+there was no appearance of sedition: at these times the government
+seized boats, or whatever was deemed useful for the public service, and
+imitated the most irregular actions of the Stuarts.</p>
+
+<p>The subordinate authorities were supposed to partake the license of
+their superiors. One commandant, Colonel Geils, fixed a spiked collar on
+the neck of a free woman; another flogged a female through Hobart Town
+for abusive language; and another tied up a free man on the spot, for
+placarding a grievance, when as yet there was no press.<a name="FNanchor_85_85" id="FNanchor_85_85"></a><a href="#Footnote_85_85" class="fnanchor">[85]</a> Davey,
+having<span class='pagenum'><a name="Page_57" id="Page_57">[Pg 57]</a></span> ordered a person to the triangles, answered his remonstrances
+with a pleasant jest: the sufferer reminded him that he could not flog
+him; the governor answered that "he would try," and the flagellator soon
+determined the problem in favor of authority. Indignant exclamations of
+free men were deemed preposterous by a body of officials, who regarded
+the diffidence of civil government as absurd, and considered power as
+the standard of right.</p>
+
+<p>The administration of justice is described by a work of the times:&mdash;"I
+have known," wrote a contemporary witness, "men, without trial,
+sentenced to transportation by a single magistrate at his own door: free
+men, after being acquitted by a court of criminal judicature, banished
+to another of the dependant settlements. I have heard a magistrate tell
+a prisoner (then being examined for a capital offence, and who had some
+goods, supposed to be stolen, for which he would not account), that were
+he not going to be hanged so soon, he (the magistrate) would make him
+say whence he got them. I have known depositions destroyed by the
+magistrate."<a name="FNanchor_86_86" id="FNanchor_86_86"></a><a href="#Footnote_86_86" class="fnanchor">[86]</a></p>
+
+<p>The courts were limited by the laws in force within the <i>realm</i>, but the
+realm was not defined;<a name="FNanchor_87_87" id="FNanchor_87_87"></a><a href="#Footnote_87_87" class="fnanchor">[87]</a> and thus what portion of the law was
+applicable, was left in thirty years' doubt, until the commissioner
+royal stated that the omission had prevented several executions.<a name="FNanchor_88_88" id="FNanchor_88_88"></a><a href="#Footnote_88_88" class="fnanchor">[88]</a> The
+same number of years were required to ascertain whether laws passed in
+Great Britain subsequent to the era of colonisation were the laws of the
+colony.</p>
+
+<p>Law officers of the crown were permitted to define authoritatively the
+import of acts of parliament, and on their official decisions the
+colonial judge convicted, and the governor executed a criminal.<a name="FNanchor_89_89" id="FNanchor_89_89"></a><a href="#Footnote_89_89" class="fnanchor">[89]</a></p>
+
+<p>The persons commissioned as justices constituted a court in avowed
+conformity with such tribunals in England, but they adjudicated on the
+orders of the governor, and inflicted the penalties he appointed; though
+the supreme court, sitting concurrently with these "benches," rejected
+the legislation of the governor as invalid, when the basis of an action:
+one judge supported them by his moral countenance, although he<span class='pagenum'><a name="Page_58" id="Page_58">[Pg 58]</a></span> knew
+them to be without legal authority.<a name="FNanchor_90_90" id="FNanchor_90_90"></a><a href="#Footnote_90_90" class="fnanchor">[90]</a> Judge Advocate Wylde, however,
+declared the legislative authority of the governor equally binding with
+acts of parliament&mdash;a doctrine never surpassed by the most subservient
+advocates of an unlimited monarchy.<a name="FNanchor_91_91" id="FNanchor_91_91"></a><a href="#Footnote_91_91" class="fnanchor">[91]</a></p>
+
+<p>The crown authorised the governor to grant remissions, but while he
+omitted the formalities requisite to perfect those pardons, the minister
+neglected to require them. For thirty years the error was undetected,
+and until a fraudulent creditor evaded a bill due to an emancipist; but
+several years were allowed to pass, even when the mistake was
+discovered, before it was fully corrected.</p>
+
+<p>The ministers authorised the governors to grant land to settlers. For
+forty-six years these delegates divided the domain of their sovereign,
+as if it were his personal property, and without the consent of
+parliament, when a court of this colony decided that all such titles
+were void in law, whether acquired by purchase or under the old
+quit-rent tenure.<a name="FNanchor_92_92" id="FNanchor_92_92"></a><a href="#Footnote_92_92" class="fnanchor">[92]</a></p>
+
+<p>Above two hundred thousand pounds had been levied by successive
+governors since the illegality of taxation was first submitted to the
+notice of the cabinet. In gathering this money, not only had property
+been seized, destroyed, and confiscated, but many persons had been
+imprisoned, and suffered all the miseries of felon bonds: yet when
+arrears, which the indulgence of the government had permitted to
+accumulate, were made a subject of legal procedure, the whole fabric of
+taxation and legislation by the governor's will, fell down.<a name="FNanchor_93_93" id="FNanchor_93_93"></a><a href="#Footnote_93_93" class="fnanchor">[93]</a></p>
+
+<p>The judge of the supreme court could not be insensible to the serious
+personal responsibility of longer supporting illegal taxation: he
+privately admonished the governor, who withdrew his actions. An act of
+indemnity released the ministers who advised, and the governors who
+enforced their demands, from the punishment of usurpation; and granted
+them power to do by law, what in defiance of law they had done so
+long.<a name="FNanchor_94_94" id="FNanchor_94_94"></a><a href="#Footnote_94_94" class="fnanchor">[94]</a></p>
+
+<p>Ingenious aggravations were made to the common penalties of a crime:
+Collins relates that a witness convicted of per<span class='pagenum'><a name="Page_59" id="Page_59">[Pg 59]</a></span>jury, was condemned to
+the pillory: his ears nailed to the post as an additional
+punishment.<a name="FNanchor_95_95" id="FNanchor_95_95"></a><a href="#Footnote_95_95" class="fnanchor">[95]</a></p>
+
+<p>The courts of those times confounded everything together, and deciding
+the perjury of a witness, often tried two parties at the same moment.
+Flogging witnesses was an ordinary result of investigations, when they
+did not end in convictions: so late as 1823, Judge Wylde ordered a
+witness to be taken outside, and receive <i>instanter</i> one hundred
+lashes.<a name="FNanchor_96_96" id="FNanchor_96_96"></a><a href="#Footnote_96_96" class="fnanchor">[96]</a></p>
+
+<p>The long privation of this colony of judicial protection, not only
+hindered the due administration of justice, but encouraged imprudence
+and fraud. In the year 1814, when the crown erected a supreme court at
+Sydney for the decision of civil causes, Major Abbot, a member of the
+New South Wales corps, was commissioned as deputy judge advocate in Van
+Diemen's Land. He adjudicated in petty session as a magistrate, and by
+the accommodation of law to the circumstances of the colony, dealt in a
+summary manner with capital offences where prisoners were concerned.
+Thus sheep stealing and crimes against the person, committed by
+prisoners, were punished by flogging, and removal to a more penal
+station; and thus, while a prisoner of the crown might escape with a
+milder sentence, free persons for similar offences were placed in
+jeopardy of their lives.</p>
+
+<p>"The experiment of a reformatory penal colony," said Sir James
+Mackintosh, "is the grandest ever tried; but New South Wales is governed
+on principles of political economy more barbarous than those which
+prevailed under Queen Bess."<a name="FNanchor_97_97" id="FNanchor_97_97"></a><a href="#Footnote_97_97" class="fnanchor">[97]</a> This great statesman, who declared no
+provincial<span class='pagenum'><a name="Page_60" id="Page_60">[Pg 60]</a></span> sphere seemed to him so worthy a noble ambition, as to
+become the legislator for these colonies, never failed to denounce the
+accumulation of illegality and folly.</p>
+
+<p>At this stage of our inquiry, it may be proper to scan this singular
+government. The legislators who authorised its establishment, prescribed
+as little as possible: all beyond the repression of crime was hidden
+from their eyes. They saw that punishments must be necessary, and
+provided for their infliction; but the complicated arrangements which
+grew out of the colonisation, were left to the adjustment of chance, or
+the discrimination of ministers, and ultimately to the caprice of naval
+and military governors.</p>
+
+<p>The extemporary character of their contrivance and expedients, is
+sufficiently apparent. Nothing was expected: nothing was dreaded: no
+checks were opposed to abuses. Thus acts of tyranny were perpetrated
+beyond the ordinary excesses of arbitrary governments, and all classes
+were confounded in one regimen of despotism. The commencing measures
+manifested their indifference to personal rights. Intending to banish
+men for life, the ministers selected for the first fleet chiefly persons
+whose crimes only forfeited their freedom for a few years. By
+withholding, or neglecting to forward lists of their names, their
+crimes, or their sentences, they consigned them not only to perpetual
+exile but protracted and illegal bondage. Imitating the ministers of the
+crown, the governor imposed compulsory labor on free men, or detained
+them when their liberation was notoriously due.</p>
+
+<p>Thus again, law had conveyed power to the king to deliver prisoners by
+assignment to shippers, but jealous of trusting the executive, the
+actual transportation could only be carried out as the result of a
+covenant with private persons. Regardless of these well-advised
+precautions, the ministers delivered prisoners to ships of war, in
+custody of captains in the royal navy, bound to obey the orders of the
+crown; and when loud remonstrances induced them to obtain a legislative
+sanction to the innovation, they were silent in reference to the past,
+and trusted in their party influence to<span class='pagenum'><a name="Page_61" id="Page_61">[Pg 61]</a></span> protect their own agents from
+legal penalties.<a name="FNanchor_98_98" id="FNanchor_98_98"></a><a href="#Footnote_98_98" class="fnanchor">[98]</a> No wonder, with such examples before them, the
+governors detained or released at their pleasure.</p>
+
+<p>Bentham was the first to protest against this illegal and violent system
+of government, as opposed to every principle made sacred by the
+Revolution, by judicial decisions, or by the oaths of sovereigns. He
+asserted that the movers and ministers of these despotic proceedings
+were liable, one and all, to the visitations of the most penal laws.<a name="FNanchor_99_99" id="FNanchor_99_99"></a><a href="#Footnote_99_99" class="fnanchor">[99]</a>
+They had legislated without warrant, had detained free persons in
+bondage, levied illegal duties and imposed unconstitutional
+restrictions, and had inflicted cruel punishments for crimes invented by
+themselves. The apology for usurpation, was its obvious importance and
+general utility; but no one will dissent from the strong indignation
+expressed by the philosopher, at wanton violations of British law,
+neglect of personal rights and parliamentary privileges.</p>
+
+<p>Governor King, it is believed, first established customs.<a name="FNanchor_100_100" id="FNanchor_100_100"></a><a href="#Footnote_100_100" class="fnanchor">[100]</a> Hunter
+had assessed the property of the colonists, upon obtaining the consent
+of several, for the erection of a gaol.<a name="FNanchor_101_101" id="FNanchor_101_101"></a><a href="#Footnote_101_101" class="fnanchor">[101]</a> The poorer inhabitants
+refused to comply with the levy, and were threatened with vengeance:
+they knew that however useful, such taxes were illegal though otherwise
+just. Thus, although legislation was not shadowed by the parliamentary
+act, the governors assumed it in its amplest form. Among the earliest
+were orders respecting the production and sale of spirits: to this, the
+oriental penalty was attached&mdash;"his still shall be destroyed, and his
+house pulled down." Infraction of this law was subsequently punished by
+imprisonment and transportation.</p>
+
+<p>Of torture, to extort confession, we have ample proof, both written and
+traditional: of one Collins observes, "when he trifled he was punished
+again; he then declared that the plunder was buried. He went to the
+spot, but could not find it; he was then taken to the hospital." Another
+was tortured in the same form; but, adds the judge, "the constancy of
+the wretched man was astonishing:"<a name="FNanchor_102_102" id="FNanchor_102_102"></a><a href="#Footnote_102_102" class="fnanchor">[102]</a> he was in consequence acquitted!
+This practice continued for<span class='pagenum'><a name="Page_62" id="Page_62">[Pg 62]</a></span> twenty years, and in 1825 a prosecution was
+instituted against a magistrate for attempting to extract confession by
+torture.</p>
+
+<p>The tendency of undefined power to run into tyranny, is illustrated by
+Macquarie himself. He had prohibited the entrance of strangers within
+the government grounds, and to detect the offenders stationed constables
+on the spot, who lay in ambush: three men and two servant girls were
+captured and committed. The next morning, the men each received
+twenty-five lashes, by the written order of the governor: the women were
+detained in the cells for forty-eight hours. There was no appeal to law;
+and the sole actors were the governor and the gaoler. A process so
+simple was no longer to be tolerated: the public were alarmed.<a name="FNanchor_103_103" id="FNanchor_103_103"></a><a href="#Footnote_103_103" class="fnanchor">[103]</a> The
+assumption of magisterial powers was not compatible with the office of
+the governor; but to authorise the flagellation of free men without
+trial, for a perhaps innocent trespass, was both dangerous and unjust.</p>
+
+<p>This was, perhaps, the last instance of such extravagant despotism, and
+it exposed Macquarie to much inquietude during his life. That a person
+so humane in his general character should forget the precautions due in
+equity and in law, and punish arbitrarily for imaginary offences, proved
+that no power is safely bestowed, unless its objects and extent are
+minutely defined.</p>
+
+<p>The civil, called the "Governor's Court," was instituted by George III.
+in virtue of his prerogative. It consisted of the judge advocate, and
+two inhabitants chosen by the governor: it was empowered to decide in a
+summary manner all pleas in relation to property and contracts, and it
+granted probates of wills.</p>
+
+<p>When convicts contracted pecuniary obligations, the governor specially
+withdrew them from liability to arrest; and told the creditors that in
+trusting these debtors their opinion of their honesty must be their sole
+guarantee: government could not spare "the servants of the public" from
+their toils to answer the plaints of suitors.<a name="FNanchor_104_104" id="FNanchor_104_104"></a><a href="#Footnote_104_104" class="fnanchor">[104]</a></p>
+
+<p>From its decisions, a cause could be carried to the governor; and in
+sums exceeding &pound;300, to the king in council.</p>
+
+<p>Though unsanctioned by an act of parliament, this court departed widely
+from the practice of England. Its au<span class='pagenum'><a name="Page_63" id="Page_63">[Pg 63]</a></span>thority was keenly disputed by
+Bentham; and Commissioner Bigge, in stating its origin and operation,
+hints a similar doubt.<a name="FNanchor_105_105" id="FNanchor_105_105"></a><a href="#Footnote_105_105" class="fnanchor">[105]</a></p>
+
+<p>Undisturbed by objections the crown, by the patents and commissions of
+1814, separated the criminal jurisdiction from the civil, and created a
+supreme court, which adopted the English practice. By the new patent, an
+appeal was permitted from the supreme court to the "High Court of
+Appeals," consisting of the governor and the judge advocate; and, except
+when &pound;3,000 were in issue, his judgment was final!<a name="FNanchor_106_106" id="FNanchor_106_106"></a><a href="#Footnote_106_106" class="fnanchor">[106]</a> To both these
+tribunals the Tasmanians were amenable; but in civil cases the
+appointment (1814) of a local court under the deputy judge advocate,
+terminated the absolute dependence on Port Jackson for judicial relief.
+Plaints for debts not exceeding &pound;50 were entertained by this court, and
+creditors contrived to bring their claims within its jurisdiction, by
+dividing the amount into bills of &pound;50. This evasion of the law, although
+it defeated the intention of a superior court and lessened its business,
+was useful to both parties; it decreased the difficulty and expenses of
+suits. It was more equitable in its operation than the supreme court:
+the owner of a vessel could carry up his own witnesses to Sydney, and at
+the termination of a trial convey them home without delay; but the less
+opulent debtor or creditor found himself practically excluded from
+redress.</p>
+
+<p>Mr. Judge Abbot was, however, not eager to assume his office, and it was
+not until 1816 that he commenced operations. The accumulation of debts
+must have been great, for at his first session fourteen hundred plaints
+were entered: nor did he exhaust the suitors by delay, for eleven
+hundred were disposed of during that year. Two inhabitants, chosen by
+the governor sat as assessors; and being known, and knowing all parties,
+they often discussed in private beforehand the causes awaiting their
+verdict!<a name="FNanchor_107_107" id="FNanchor_107_107"></a><a href="#Footnote_107_107" class="fnanchor">[107]</a></p>
+
+<p>The deputy judge advocate held in contempt the net-work of the law, by
+which equitable rights are sometimes entangled: his was a court of
+request without appeal, and he took pleasure in asserting its finality.
+For the convenience of suitors he allowed agents to practice in his
+court: these gentlemen had somewhat more legal knowledge than the judge,
+and often exasperated his antipathies by its<span class='pagenum'><a name="Page_64" id="Page_64">[Pg 64]</a></span> ostentation. They would
+dwell on the dignity of his court: his decision was irrevocable; even
+the lord chancellor of England, they would say, was subject to the
+revision of a still higher court than his own, but the deputy judge
+advocate decided the cause for ever. Trusted with such resistless
+jurisdiction&mdash;such onerous responsibility, how great must be his care to
+avoid an error beyond correction&mdash;an injustice that could not be undone
+but by an act of parliament! Such were their addresses: occasionally
+heard with complacency&mdash;and, it is said, not always unsuccessful. The
+most famous of these practitioners were Messrs. R. L. Murray and Evan
+Henry Thomas. The last gentleman was an emigrant, and issued a
+rhetorical advertisement for employment as a preceptor; but renouncing
+that calling, he provided himself with a blue bag, the sole
+qualification essential, and paraded the vicinity of the court: here
+some suitor found him. What he wanted in experience he made up by
+industry; and thus carrying his cause, established his reputation as a
+pleader.</p>
+
+<p>Abbott was a lover of fair play: when one of these gentlemen stated a
+cause, he expressed a wish that the other side could be placed in as
+clear a light. Willing to show how well he comprehended the case, the
+agent for the plaintiff set before the court what the defendant might
+allege; and Abbott, admitting its force, determined in his favor! The
+equitable judge decided that the plaintiff should pay the defendant the
+unsought balance of his bill.</p>
+
+<p>On such a primitive plan were minor rights protected. Although the
+decisions were often grounded on imperfect proof, the substantial equity
+of Abbott's adjudications was rarely questioned. In cases under &pound;5 the
+court received no fee, but in higher causes a small sum was paid. The
+agents obtained what they could, as the recompense of their professional
+toils.</p>
+
+<p>Major Abbott continued to preside as deputy judge advocate, until his
+office was abolished. After visiting England he returned to Launceston
+with the appointment of civil commandant. He died in 1832: the
+inhabitants spontaneously honored his funeral. He was esteemed as a
+person of a generous nature and upright intentions. Major Abbott entered
+the army at the age of thirteen: he was in the service of the crown
+fifty-three years, forty-three of which were spent in the colonies.<span class='pagenum'><a name="Page_65" id="Page_65">[Pg 65]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_77_77" id="Footnote_77_77"></a><a href="#FNanchor_77_77"><span class="label">[77]</span></a> 14 Geo. iii. c. 83.</p></div>
+
+<div class="footnote"><p><a name="Footnote_78_78" id="Footnote_78_78"></a><a href="#FNanchor_78_78"><span class="label">[78]</span></a> "Whereas it may be found necessary that a colony and a
+civil government should be established, and that a court of criminal
+jurisdiction should also be established, with authority to proceed in a
+more summary way than is used within this realm, according to the known
+and established laws thereof." The court, described as above, is then
+authorised, to try "outrages and misbehaviours, as if committed in this
+realm would be treason or misprision thereof, felony or
+misdemeanour."&mdash;27 Geo. iii. Nothing is said of legislative power.</p></div>
+
+<div class="footnote"><p><a name="Footnote_79_79" id="Footnote_79_79"></a><a href="#FNanchor_79_79"><span class="label">[79]</span></a> <i>Collins</i>, vol. i. p. 32.</p></div>
+
+<div class="footnote"><p><a name="Footnote_80_80" id="Footnote_80_80"></a><a href="#FNanchor_80_80"><span class="label">[80]</span></a> <i>Bigge's Jud. Report</i>, p. 34.</p></div>
+
+<div class="footnote"><p><a name="Footnote_81_81" id="Footnote_81_81"></a><a href="#FNanchor_81_81"><span class="label">[81]</span></a> Holt has left a graphic picture of a justice, which must
+be received, perhaps, with some reservation;&mdash;"I was walking with
+Barrington, the most accomplished pickpocket: he was arm-in-arm with
+Richard Atkins, Esq. I wished to have some conversation with them. A
+bottle of rum was produced, and some pleasant conversation about Ireland
+passed. At length I wished to retire, and Mr. A. said he never allowed
+any bottle off his table till he saw it emptied. We finished the half
+gallon bottle, and of course were not a little elevated. Mr. A. acted as
+a kind of deputy, when Judge Dore was not able, which not unfrequently
+happened: when spirits were plenty in the colony, he was generally
+indisposed." Mr. Croker adds, that "Atkins was appointed as a substitute
+to Collins in 1796, by the secretary of state, until the arrival of Mr.
+Dore in 1797."</p></div>
+
+<div class="footnote"><p><a name="Footnote_82_82" id="Footnote_82_82"></a><a href="#FNanchor_82_82"><span class="label">[82]</span></a> <i>Bigge's Jud. Report</i>, p. 2.
+</p><p>
+At Norfolk Island a court of criminal jurisdiction departed still
+further from the precedents of civil justice. An act authorised the
+government to convene a court of four military or naval officers, to
+decide on questions of life and death, even when free men were
+implicated.</p></div>
+
+<div class="footnote"><p><a name="Footnote_83_83" id="Footnote_83_83"></a><a href="#FNanchor_83_83"><span class="label">[83]</span></a> "Yesterday, the bench assembled, when a free man, formerly
+belonging to Fort Dalrymple, was found guilty of stealing a silver watch
+from George Guest, jun., his property, and sentenced to labor for the
+government for the term of five years, and moreover to receive 500
+lashes."&mdash;<i>Derwent Star, Feb. 6th</i>, 1810.</p></div>
+
+<div class="footnote"><p><a name="Footnote_84_84" id="Footnote_84_84"></a><a href="#FNanchor_84_84"><span class="label">[84]</span></a> <i>Holt's Memoirs</i>, vol. ii. p. 202.</p></div>
+
+<div class="footnote"><p><a name="Footnote_85_85" id="Footnote_85_85"></a><a href="#FNanchor_85_85"><span class="label">[85]</span></a> Such punishments were not always unmerited, but they were
+capricious. A magistrate tied a carter to the wheel of his waggon, and
+inflicted 300 lashes for cruelty to his bullocks; but Dr. Montgarret
+ordered the blacksmith to be flogged, for presenting his bill!</p></div>
+
+<div class="footnote"><p><a name="Footnote_86_86" id="Footnote_86_86"></a><a href="#FNanchor_86_86"><span class="label">[86]</span></a> <i>Mann's Picture of New South Wales</i>, 1811.</p></div>
+
+<div class="footnote"><p><a name="Footnote_87_87" id="Footnote_87_87"></a><a href="#FNanchor_87_87"><span class="label">[87]</span></a> <i>Bentham's Plea</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_88_88" id="Footnote_88_88"></a><a href="#FNanchor_88_88"><span class="label">[88]</span></a> <i>Bigge's Jud. Report</i>, p. 17.</p></div>
+
+<div class="footnote"><p><a name="Footnote_89_89" id="Footnote_89_89"></a><a href="#FNanchor_89_89"><span class="label">[89]</span></a> Ibid.</p></div>
+
+<div class="footnote"><p><a name="Footnote_90_90" id="Footnote_90_90"></a><a href="#FNanchor_90_90"><span class="label">[90]</span></a> <i>Bigge's Jud. Report</i>, p. 6. <i>Wentworth</i>, p. 43. edit. of
+1820.</p></div>
+
+<div class="footnote"><p><a name="Footnote_91_91" id="Footnote_91_91"></a><a href="#FNanchor_91_91"><span class="label">[91]</span></a> <i>Bigge's Report</i>, p. 48.</p></div>
+
+<div class="footnote"><p><a name="Footnote_92_92" id="Footnote_92_92"></a><a href="#FNanchor_92_92"><span class="label">[92]</span></a> <i>Macarthur's New South Wales: its present state and future
+prospects</i>, 1837.</p></div>
+
+<div class="footnote"><p><a name="Footnote_93_93" id="Footnote_93_93"></a><a href="#FNanchor_93_93"><span class="label">[93]</span></a> <i>Bigge's Report</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_94_94" id="Footnote_94_94"></a><a href="#FNanchor_94_94"><span class="label">[94]</span></a> 59 Geo. iii. 1819.</p></div>
+
+<div class="footnote"><p><a name="Footnote_95_95" id="Footnote_95_95"></a><a href="#FNanchor_95_95"><span class="label">[95]</span></a> "This sentence was put in execution before the provision
+store, when the mob, either to display their aversion to the crime, or
+what might be more probable, to catch anything that wore the form of
+amusement, pelted him with rotten eggs and dirt."&mdash;<i>Collins</i>, vol. ii.
+p. 54.</p></div>
+
+<div class="footnote"><p><a name="Footnote_96_96" id="Footnote_96_96"></a><a href="#FNanchor_96_96"><span class="label">[96]</span></a> <i>Gazette</i>, 1823.</p></div>
+
+<div class="footnote"><p><a name="Footnote_97_97" id="Footnote_97_97"></a><a href="#FNanchor_97_97"><span class="label">[97]</span></a> Maconochie, in his supplement to <i>Australiana</i>, extracts
+the following passages from one of Sir James Mackintosh's private
+letters, published in his <i>Memoirs</i>, p. 342-3:&mdash;"Even out of England
+there are many places which I should prefer to this (Bombay). You will
+smile at the mention of Botany Bay; but I am most serious, and I assure
+you that next to a parliamentary situation, to which either nature or
+early ambition has constantly directed my views, I should prefer,
+without much regarding pecuniary advantages, that of being the lawgiver
+of Botany Bay.... England, in rearing such a community, is preparing not
+only conquerors of India, but enemies to herself and to all mankind.
+While on the one side the experiment of a reforming penal colony is,
+perhaps, the grandest ever tried in morals, it is one which is perfectly
+safe; for the settlement never can be worse than it is now, when no
+attempt towards reformation is dreamed of, and when it is governed on
+principles of political economy more barbarous than those which
+prevailed under Queen Bess. Every day the difficulties of the experiment
+grow with the increase of the (criminal) population.... I have heard,
+read, and thought so much about this extraordinary colony, that I am
+very confident in my general opinions; and I confess, between ourselves,
+that I am a piece of an enthusiast in my reforming projects," &amp;c.</p></div>
+
+<div class="footnote"><p><a name="Footnote_98_98" id="Footnote_98_98"></a><a href="#FNanchor_98_98"><span class="label">[98]</span></a> 43 Geo. iii.</p></div>
+
+<div class="footnote"><p><a name="Footnote_99_99" id="Footnote_99_99"></a><a href="#FNanchor_99_99"><span class="label">[99]</span></a> "Not a governor, not a magistrate, that has acted thus,
+but has exposed himself to prosecutions upon prosecutions, to actions
+upon actions, from which not even the crown can save him."&mdash;<i>Bentham's
+Plea for the Constitution</i>, 1804.</p></div>
+
+<div class="footnote"><p><a name="Footnote_100_100" id="Footnote_100_100"></a><a href="#FNanchor_100_100"><span class="label">[100]</span></a> <i>Wentworth</i>, p. 389. 1820.</p></div>
+
+<div class="footnote"><p><a name="Footnote_101_101" id="Footnote_101_101"></a><a href="#FNanchor_101_101"><span class="label">[101]</span></a> <i>Collins</i>, vol. ii. p. 214.</p></div>
+
+<div class="footnote"><p><a name="Footnote_102_102" id="Footnote_102_102"></a><a href="#FNanchor_102_102"><span class="label">[102]</span></a> <i>Collins</i>, vol. i. p. 268.</p></div>
+
+<div class="footnote"><p><a name="Footnote_103_103" id="Footnote_103_103"></a><a href="#FNanchor_103_103"><span class="label">[103]</span></a> <i>Bigge's Jud. Report</i>, p. 76.</p></div>
+
+<div class="footnote"><p><a name="Footnote_104_104" id="Footnote_104_104"></a><a href="#FNanchor_104_104"><span class="label">[104]</span></a> Collins.</p></div>
+
+<div class="footnote"><p><a name="Footnote_105_105" id="Footnote_105_105"></a><a href="#FNanchor_105_105"><span class="label">[105]</span></a> <i>Bigge's Jud. Report.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_106_106" id="Footnote_106_106"></a><a href="#FNanchor_106_106"><span class="label">[106]</span></a> Ibid.</p></div>
+
+<div class="footnote"><p><a name="Footnote_107_107" id="Footnote_107_107"></a><a href="#FNanchor_107_107"><span class="label">[107]</span></a> Ibid.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_Va" id="SECTION_Va"></a>SECTION V</h3>
+
+
+<p>William Sorell, Esq., third Lieutenant-governor, landed 8th April, 1817.
+To restore safety to the colony was the first duty of the governor: on
+his assumption of office he called the inhabitants together, and enabled
+by their subscriptions he offered large rewards, and thus inspirited
+both the soldiers and the constables. In less than three months the
+greater portion of the bushrangers were destroyed or captured. During
+Sorell's administration the colony suffered no serious disturbance from
+outlaws. This display of rigour was followed by judicious precautions:
+he ascertained more frequently the distribution and employment of the
+prisoners of the crown, and removed many temptations to disorder and
+crime.</p>
+
+<p>It was the practice, established first a few months after his arrival,
+to muster the whole population annually. Notice was sent through the
+districts, requiring the attendance of the several classes, who
+accounted for their families and their stock: the name, the residence,
+and civil condition of every inhabitant became known. Sorell thus
+ascertained the increase of cultivation and cattle, and whatever
+indicated progress.</p>
+
+<p>The landing of settlers direct from Great Britain was an important
+event: their efforts were experiments, and their achievements were
+prophetic. The political philosopher may trace in their errors, trials,
+and successes, the lessons afforded by experience for the instruction of
+nations. The rapid advance of modern colonisation tends to underrate the
+first efforts of our predecessors. The first colonial boat-builder
+founded a great commercial navy; the first shepherd held in his slender
+flock a treasure of unimaginable worth.</p>
+
+<p>The arrival of many emigrants led to the exploration of the country. The
+hunters were usually the pioneers, but beyond the general features of
+the scenery, they afforded little information: wild cattle were the
+better guides. To provide a settlement for strangers, Sorell explored
+the region lying between the Shannon and the Clyde to its junction with
+the Derwent; free from timber, and within twenty miles of navigable
+waters. At this district were located several distinguished settlers.</p>
+
+<p>The narrow grants and wretched homesteads of the emancipist cotters, the
+sole farmers at the time of this immigration,<span class='pagenum'><a name="Page_66" id="Page_66">[Pg 66]</a></span> presented but little to
+please. The settler, whose imagination pictured the rustic beauties and
+quiet order of an English farm, saw unfenced fields of grain, deformed
+with blackened stumps: a low cottage of the meanest structure,<a name="FNanchor_108_108" id="FNanchor_108_108"></a><a href="#Footnote_108_108" class="fnanchor">[108]</a>
+surrounded by heaps of wool, bones, and sheepskins; harrows and water
+carts amidst firewood; mutton and kangaroo strung on the branches of
+trees; idle and uncleanly men, of different civil condition but of one
+class; tribes of dogs and natives. No green hedges or flowery meadows,
+or notes of the thrush or nightingale; but yet there was the park-like
+lands, the brilliant skies, the pure river; and, above all, the
+untainted breath of the morning.</p>
+
+<p>In 1820, there were only two estates, those of Mr. E. Lord and Colonel
+Davey, on which fences were erected; and the destructive incursions of
+cattle were subjects of many complaints: yet in that year &pound;20,000 had
+been obtained for wheat exported to Sydney. The first crops were
+prolific: the early settlers chose the more fertile and open plains; and
+many selected sites for their dwellings on natural lawns of surpassing
+beauty.</p>
+
+<p>The dispatch of vessels direct from England rapidly increased the
+population: in one year (1822) six hundred settlers entered the port,
+and by the capital which they invested, and the habits of decency and
+enterprise they exhibited, gave a new tone to the colony. A succession
+of publications drew attention at home to the capabilities of Van
+Diemen's Land. It was described in the <i>Quarterly Review</i> (May, 1820) by
+a friendly pen, which stated that during three years, a detachment of
+one hundred men had not lost three, and that Hobart Town had been
+sixteen months without a funeral.</p>
+
+<p>The work of Lieutenant Jeffries, who spent several months in a passage
+from Sydney to Van Diemen's Land, and who wrote much in praise of the
+native women, and the pleasures of a bush life, drew a pleasing picture.
+The more sober sketch of Captain Dixon, and the copious delineations of<span class='pagenum'><a name="Page_67" id="Page_67">[Pg 67]</a></span>
+Mr. Wentworth, directed the public curiosity to Tasmania. For several
+successive years new books were published, describing the fertility of
+the soil and the beauty of the climate. These generally contained a
+theory of pastoral increase&mdash;a geometrical progression towards wealth.
+The increase was, indeed, rapid beyond oriental precedent. Between 1810
+and 1820, it was estimated at fifty fold.<a name="FNanchor_109_109" id="FNanchor_109_109"></a><a href="#Footnote_109_109" class="fnanchor">[109]</a> The adaptation of these
+colonies for the growth of wool first drew the attention of several
+gentlemen of Hamburgh, whose importations afterwards promoted the
+improvement of our flocks.</p>
+
+<p>The position of Van Diemen's Land favored its settlement. Vessels bound
+to Port Jackson often touched at the Derwent to discharge portions of
+their cargo; and weary with the length of the voyage, emigrants listened
+to the persuasions of the colonists, and the hints of the
+lieutenant-governor himself.</p>
+
+<p>The advantages offered to settlers, so late as 1818, included not only
+grants of land, but loans of stock and seed; and a price for wheat, long
+standing at 10s. per bushel, and for meat 6d. per lb. The settlers were
+entitled to rations for themselves and their convict servants for six
+months. It was stipulated that the stock should be replaced by the
+increase, and the wheat repaid at the harvest. Such engagements were,
+however, rarely fulfilled. No suits could be prosecuted by the crown in
+the local court, and vague threats of disfavor were the only means of
+recovery: these were understood as formalities. The crown, by the
+prohibition of distillation, prevented a consumption of grain, and until
+a fixed price was given corn had been sometimes of no value whatever. A
+partial market was assured, to prevent the total neglect of agriculture.
+The patronage, of course, led to official corruption: many officers
+received wheat from their servants in commutation of labor, and some of
+more than usual inferiority was thus admitted by a Launceston
+commandant, a refugee Frenchman, who threatened to transport the
+storekeeper for calling in question its quality. The Commissioner Bigge
+recommended the bounty should be entirely abolished, distillation
+permitted, and supplies purchased by tender. A deficiency could be no
+longer apprehended. There were 7,400 inhabitants, at the close of 1821,
+who possessed 15,000 cultivated acres, 35,000 horned cattle, 170,000
+sheep, 550 horses, and<span class='pagenum'><a name="Page_68" id="Page_68">[Pg 68]</a></span> 5,000 swine. With such resources, the danger of
+famine finally disappeared.</p>
+
+<p>The herds were composed chiefly of Bengal cattle, imported at an early
+period; but the emigrants introduced the most valued of the English
+breeds, which have entirely supplanted the early stock. The herbage and
+the climate are equally favorable to the increase of cattle.</p>
+
+<p>The interior of the country being quiet, tickets of occupation were
+granted to settlers, who were enabled to establish large herds and
+flocks on the lands of the crown. The scarcity of provision in New South
+Wales soon created a considerable demand for the produce of this
+country, and in 1820 meat, to the value of &pound;10,000, was purchased by the
+crown for exportation.<a name="FNanchor_110_110" id="FNanchor_110_110"></a><a href="#Footnote_110_110" class="fnanchor">[110]</a></p>
+
+<p>Macquarie, when his administration was drawing to a close, came on a
+tour of inspection to Van Diemen's Land. He arrived in the <i>Midas</i>. The
+squally weather, which prevented his immediate landing, gave time to
+prepare for his reception. He disembarked on the 24th April, 1821,
+saluted from the battery, and by the military, who lined the road to the
+government house. At his former visit in 1810, the population did not
+exceed 1,500. A few scattered and miserable huts, separated by
+thoroughfares but half recovered from the forests, then constituted the
+capital, which had now acquired something of an English aspect: there
+were 426 houses, and 2,700 souls.</p>
+
+<p>Few scenes are more pleasing than those which, assisted<span class='pagenum'><a name="Page_69" id="Page_69">[Pg 69]</a></span> by memory,
+display the growth and triumph of industry. The gratification of all
+parties was visible, and a general illumination closed the day. It was a
+day of pardons and bounty: when the prisoner received his liberty and
+the settler his heritage: every inhabitant who had no plaint to prefer,
+had yet thanks to pay. The <i>bachelors</i> of Hobart Town gave a public ball
+to the governor: one hundred and fifty sat down to supper, and the
+gentlemen danced together until the morning.</p>
+
+<p>On the 29th June, Macquarie sailed in the <i>Caroline</i>: he was accompanied
+to the water's edge by a large concourse of people, and carried with him
+applauses which his amiable vanity prized, and which his beneficence
+deserved.</p>
+
+<p>Macquarie inserted in the <i>Sydney Gazette</i> the details of his progress,
+and observations. Whatever he described, he lauded: the architectural
+taste of the private buildings; the handsome church; the commodious
+military barracks; the strong gaol; the well constructed hospital. The
+enterprise and industry of the people; their spacious harbour; their
+battery, signal post and pier&mdash;are all distinguished with the minuteness
+of an auctioneer's catalogue, and nearly in its phrases.</p>
+
+<p>During his progress he gave names, among which many remain memorials of
+his love of country: Staffa Ulra, and Olmaig; Perth, Campbell Town,
+Oatlands, Strathallen Creek, Roseneath. The townships of Sorell,
+Brighton and Elizabeth, were designated by him: the last in honor of his
+wife. His own name is found everywhere.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_108_108" id="Footnote_108_108"></a><a href="#FNanchor_108_108"><span class="label">[108]</span></a> There is nothing new under the sun. The following
+description of a New England cottage, on the Penka-tang River, in 1704,
+is given in the journal of Madame Knight:&mdash;"It was supported with shores
+(posts), inclosed with clapboards laid on lengthways, and so much
+asunder that the light came thro every where; the doore tyed on with a
+cord in ye place of hinges; the floor the bare earth. No windows but
+such as the thin covering afforded, nor any furniture but a bedd with a
+glass bottle hanging at ye head on't. An earthen cupp, a small pewter
+bason, a bord with sticks to stand on instead of a table, and a block or
+too in ye corners insted of chairs."</p></div>
+
+<div class="footnote"><p><a name="Footnote_109_109" id="Footnote_109_109"></a><a href="#FNanchor_109_109"><span class="label">[109]</span></a> <i>Wentworth</i>, vol. ii. p. 93.</p></div>
+
+<div class="footnote"><p><a name="Footnote_110_110" id="Footnote_110_110"></a><a href="#FNanchor_110_110"><span class="label">[110]</span></a> The following is a list of exports from Van Diemen's Land
+to Sydney in six years:&mdash;
+</p><br />
+<p style="text-align: center"><i>Wheat valued at 10s., and Meat at 6d.</i><br />
+</p><br />
+
+<table border="1" cellpadding="4" cellspacing="0" summary="Wheat">
+<tr><td>Year.</td><td>Bushels Wheat.</td><td>lbs. of Salt Meat.</td><td align="center">&pound;</td></tr>
+<tr><td>1815</td><td align="center">1,770</td><td align="center">&mdash;</td><td align="center">885</td></tr>
+<tr><td>1816</td><td align="center">13,135</td><td align="center">10,000</td><td align="center">6,817</td></tr>
+<tr><td>1817</td><td align="center">15,240</td><td align="center">8,000</td><td align="center">7,820</td></tr>
+<tr><td>1818</td><td align="center">7,990</td><td align="center">64,640</td><td align="center">5,611</td></tr>
+<tr><td>1819</td><td align="center">24,768</td><td align="center">346,800</td><td align="center">21,054</td></tr>
+<tr><td>1820</td><td align="center">47,131</td><td align="center">386,000</td><td align="center">33,225</td></tr>
+</table><br />
+<p>
+<span style="margin-left: 30em;"><i>Wentworth</i>, vol. ii. p. 32.</span>
+</p><p>
+Lands granted from 1818 to 1821, from 25,000 to 273,000 acres;
+population from 3,557 to 7,360; in cultivation, from 5,080 to 15,005
+acres.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_VIa" id="SECTION_VIa"></a>SECTION VI</h3>
+
+
+<p>The Australian colonies owe their pastoral wealth originally to Captain
+John Macarthur, of the 102nd regiment: he was assisted by the enterprise
+of Captain Waterhouse, of the royal navy, who, though a sailor and
+confessedly ignorant of pastoral affairs, conveyed to the colony the
+stock which laid the foundation of its fortunes. The sheep brought by
+the first fleet to New South Wales, were sacrificed to the necessities
+of the time: the cattle strayed, and were discovered long after grazing
+on the Nepean, increased to many hundreds. Several efforts were made by
+the New South<span class='pagenum'><a name="Page_70" id="Page_70">[Pg 70]</a></span> Wales Corps to introduce a stock, chiefly for the knife;
+but the transmission was attended with considerable difficulty, and the
+greater portion died.</p>
+
+<p>The basis of the New South Wales flocks was the Bengal: these, bearing
+hair, were mixed with sheep originally from Holland, and imported from
+the Cape. Mr. Macarthur having obtained some sheep from Ireland,<a name="FNanchor_111_111" id="FNanchor_111_111"></a><a href="#Footnote_111_111" class="fnanchor">[111]</a>
+remarked the great, though accidental improvement in the fleece, which
+exhibited a mixture of wool, and gave the first hint of a great possible
+improvement. He then requested Captain Kent to procure sheep from the
+merino flocks of Colonel Gordon, at the Cape. These were forwarded by
+Captain Waterhouse (1797), who delivered to Macarthur three rams and
+five ewes, and retained a proportion himself.</p>
+
+<p>The results surpassed expectation. The flocks of Bengal yielded to three
+or four crossings, and produced the finest wool. Thus the heaviest
+fleece, in 1801, was 3&frac12; lbs.: the next season it improved to 5 lbs.
+The ewe produced wool worth 9d., her lamb's wool was valued at 3s.; and
+even the merino improved by the exchange of climate: its wool produced
+at the Cape being worth 4s. 6d., and at New South Wales 6s. The rate of
+increase was not less encouraging: the produce of fifty ewes, in seven
+years, was two thousand.</p>
+
+<p>In 1803, Captain Macarthur visited England, and presented a memorial to
+the lords of the committee of the privy council on the pastoral
+capabilities of New South Wales. He requested the crown to grant the use
+of public lands and servants, and offered to supply the commissariat at
+a given price, and to sustain the entire risk or loss of his experiment.
+The statement of increase was doubted: the testimony respecting the
+quality of wool could not be disputed, as Macarthur had procured the
+certificates of eminent manufacturers. It was, however, asserted that
+the natural pasture would be unable to subsist flocks, and it was
+necessary to combat this objection. Macarthur proposed to sell his flock
+at their value to a company, and on credit; on condition that the
+company procured a grant from the crown for pasture. This was declined;
+but Lord Camden was requested by their lordships to encourage Macarthur,
+and he received in consequence permission to occupy the cow pastures,
+where natural fences prevented the intermixture of his flocks. A grant
+of 5,000 acres&mdash;ultimately<span class='pagenum'><a name="Page_71" id="Page_71">[Pg 71]</a></span> of an additional 5,000&mdash;was made to him.
+Never was a reward more justly due, or given with less sacrifice.<a name="FNanchor_112_112" id="FNanchor_112_112"></a><a href="#Footnote_112_112" class="fnanchor">[112]</a></p>
+
+<p>Mr. Macarthur procured from the royal flock at Kew, one ewe and nine
+rams:<a name="FNanchor_113_113" id="FNanchor_113_113"></a><a href="#Footnote_113_113" class="fnanchor">[113]</a> with these he raised his flock to 6,000 (1818), and
+frequently sold pure merino rams at from &pound;14 to &pound;28 per head.</p>
+
+<p>The merino stock of George III., from which the Australian stocks were
+partly drawn, was sent to that monarch by the Spanish cortes. The king's
+love of rural pleasures was thus instrumental in adding immense wealth
+to his empire.</p>
+
+<p>It was not until 1820, that settlers of Van Diemen's Land entered the
+career of improvement. The original stock were introduced by Colonel
+Paterson: a mixture of Teeswater, Leicester, and Bengal breeds. The
+lieutenant-governor was anxious to improve the quality by an importation
+of merino lambs. By an engagement with Macarthur, three hundred were
+shipped at Sydney;<a name="FNanchor_114_114" id="FNanchor_114_114"></a><a href="#Footnote_114_114" class="fnanchor">[114]</a> but more than one-third died: the rest were
+distributed to the settlers by lot, who gave the engagements to repay at
+the stipulated sum, and who received facilities for the experiment in
+suitable tickets of occupation. Macarthur received, at 7s. 6d. per acre,
+4,368 acres of land for the 300 lambs, valued to the crown at &pound;5 per
+head.<a name="FNanchor_115_115" id="FNanchor_115_115"></a><a href="#Footnote_115_115" class="fnanchor">[115]</a> From this date the wool of the Tasmanian flocks became known
+to commerce.</p>
+
+<p>Van Diemen's Land wool was not an article of export until 1819. Only
+71,000 pounds had been sent to London from New South Wales, but some had
+realised even 7s. 6d. per lb.; in one instance 10s., it is said, by a
+friendly competition: a sum three times greater than the English price
+of the finest continental wool. A specimen had been manufactured for
+George IV., and which so pleased him that he directed Sir J. Bloomfield
+to enquire if more could be obtained in England. There seemed now no
+hesitation in giving credit to Macarthur's prediction, that the
+boundless pastures of New South Wales would relieve the manufacturers of
+dependence on Spain.</p>
+
+<p>That great encouragement had not been afforded, and greater progress
+accomplished, may be considered surprising. The wool of commerce was
+still inconsiderable; although the flocks of both colonies amounted to
+200,000. Before<span class='pagenum'><a name="Page_72" id="Page_72">[Pg 72]</a></span> the merino was first introduced, the fleece was
+considered worthless. The operation of shearing was often delayed until
+the sheep were injured: it was a deduction from the profit. The wool was
+burned, or thrown into the stock-yards as manure.</p>
+
+<p>In 1819, the captain of the <i>Regalia</i> accepted a proportion of Van
+Diemen's Land wool, in exchange for merchandise: it had no market price,
+its expenses were considerable, and a duty of 3d. was levied at London.
+A sample was seen by Mr. Hopkins lying in the docks in the worst
+possible condition: the speculation was a failure. The colonial
+government bought several tons a few months after at 3d. per lb. for
+mattresses, a sum that scarcely paid for its conveyance from the
+interior. The duty, formerly 3d., was reduced, on the recommendation of
+the commissioner, to 1d. per lb.</p>
+
+<p>To Mr. Henry Hopkins the public are indebted for the first appreciation
+of Tasmanian wool. In September, 1821, he offered by advertisement a
+price in money, and bought at 4d. per lb. Twelve bales sold in London,
+the entire wool export of the colony, for 7d. per lb., or &pound;88: the
+expenses were nearly half that sum. The merchants, however, continued to
+purchase, and the settlers to improve their flocks. In 1823, five
+hundred and fifty bales were exported in the <i>Deveron</i>, and an equal
+quantity in other vessels; and the wool of Clarendon rivalled the flocks
+at Port Jackson.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_111_111" id="Footnote_111_111"></a><a href="#FNanchor_111_111"><span class="label">[111]</span></a> <i>Bigge's Report.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_112_112" id="Footnote_112_112"></a><a href="#FNanchor_112_112"><span class="label">[112]</span></a> <i>Par. Pap.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_113_113" id="Footnote_113_113"></a><a href="#FNanchor_113_113"><span class="label">[113]</span></a> <i>Bigge's Report.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_114_114" id="Footnote_114_114"></a><a href="#FNanchor_114_114"><span class="label">[114]</span></a> <i>Bigge's Report.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_115_115" id="Footnote_115_115"></a><a href="#FNanchor_115_115"><span class="label">[115]</span></a> <i>Par. Pap.</i></p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_VIIa" id="SECTION_VIIa"></a>SECTION VII</h3>
+
+
+<p>The <i>Britannia</i>, a vessel the property of Messrs. Enderby and Sons,
+first discovered the whale fishery.<a name="FNanchor_116_116" id="FNanchor_116_116"></a><a href="#Footnote_116_116" class="fnanchor">[116]</a> On doubling the south-west cape
+of Van Diemen's Land the crew saw sperm whales: in their progress to
+Port Jackson they fell in with prodigious shoals, as far as could be
+seen from the mast head. On arriving at Port Jackson the captain
+secretly informed the governor, who facilitated his preparation for a
+cruise. The sailors, however, did not conceal their observation, and two
+other vessels, the <i>Mary Ann</i> and <i>Matilda</i>, sailed one day before the
+<i>Britannia</i> and the <i>Salamander</i>, on<span class='pagenum'><a name="Page_73" id="Page_73">[Pg 73]</a></span> the 1st November, 1791. On their
+departure they encountered bad weather, but saw whales in great plenty.
+The attempt was, for the moment, unsuccessful. Great expectations were
+formed by the colonists, who anticipated that this port would be a
+rendezvous of fishermen. This fishery, pursued since with so much
+vigour, was of little immediate value to Van Diemen's Land.</p>
+
+<p>The duties payable on exports from the colonies were both excessive and
+unequal; especially in oil, the difference amounting to almost absolute
+prohibition; being twenty times greater than by London ships. The
+settlers could only procure for their own consumption or the Indian
+market. The whalers often carried on their operations in sight of the
+towns, and heaps of bone at that period lay on the eastern shore. Of the
+first whale taken in the Derwent, Jorgen Jorgenson declared himself the
+captor.</p>
+
+<p>The trading pursuits of the inhabitants were fettered by the privilege
+of the East India Company. The act of parliament authorising its
+charter, prohibited the employment of vessels less than 350 tons between
+England and New South Wales; the small coasting trade was, therefore,
+solely eligible to the people of these colonies except in vessels
+unsuitable to the extent of their commerce. Thus, even the Mauritius was
+closed against the corn and meat of this country. This law was repealed
+in 1819, and thus vessels of any tonnage could be employed in the
+colonial trade.</p>
+
+<p>In the islands of the straits sealing was pursued with such vigour, that
+it was comparatively exhausted at an early date: small vessels were
+employed in the dangerous navigation, and not unfrequently lost.</p>
+
+<p>Few instances of nautical disaster and personal misfortune have
+surpassed the case of Captain Howard, in 1819. He was robbed of an iron
+chest containing money and jewels to a large amount. Next, the
+<i>Lachlan</i>, his property, was stolen by convicts. He freighted the
+<i>Daphne</i> for India, and sailed with two women and a boy, beside the
+crew. They anchored at Kent's Group, and Howard landed. The brig, some
+hours after, was observed to drift: the wind blowing hard on the shore,
+her destruction was inevitable. The long boat was laden, and leaving
+behind the passengers and some seamen, Howard after great efforts
+reached the Derwent. Under his direction, the <i>Governor Sorell</i> sloop
+was dispatched to receive the people left on the island. Meanwhile the
+<i>John Palmer</i> entered the group, took off the women and the boy, and a
+bag of 400 dollars left in their<span class='pagenum'><a name="Page_74" id="Page_74">[Pg 74]</a></span> charge; and was lost with the whole of
+her cargo. Nor was the <i>Governor Sorell</i> more fortunate: the seamen of
+the <i>Daphne</i>, who left the island in a boat, saw on the north-east coast
+of Cape Barren, the binnacle and other fragments of that vessel, in
+which Howard perished.</p>
+
+<p>The same fate seemed to attend his property after his death. He had
+freighted the <i>Frederick</i> and the <i>Wellington</i> with sheep and cattle for
+the Isle of France, a market which then offered large gains. After some
+delay they reached the Northumberland Islands, off which the stock all
+died, from want of room and the influence of climate. Unwilling to
+proceed without cargo, the captain detained the vessels for spars. Here
+the <i>Frederick</i> was wrecked, and twenty-two of the crew were drowned;
+but the chief officer, one woman, and a boy, reached the <i>Wellington</i>.
+They then proceeded to Timor, constrained on the passage to subsist on
+the preserved hides of the cattle. From Timor they proceeded to Batavia:
+the captain died, and the crew dispersed; and the vessel was taken under
+charge by the Orphan Chamber, her register being lost, and her owners
+unknown!</p>
+
+<p>A calamity still more singular, may be worth record.<a name="FNanchor_117_117" id="FNanchor_117_117"></a><a href="#Footnote_117_117" class="fnanchor">[117]</a> The <i>Surrey</i>,
+Captain Raine, left the Derwent in 1820. Having heard that men were
+detained at Ducie's Island, he went there in search of them. The men
+came to the beach, but could scarcely articulate from exhaustion: they
+had belonged to the <i>Essex</i>, a whaler. One day, a whale of the largest
+class struck the vessel, and broke off part of her false keel: she then
+went a-head of them a quarter of a mile, and turning back met the vessel
+with such tremendous velocity that she was driven back at the rate of
+several knots: the sea rushed in at the cabin windows; every man on deck
+was knocked down, and the bows were completely stove in. The sailors
+were obliged to abandon the vessel, and after visiting several islands
+were found by the <i>Surrey</i> as described.</p>
+
+<p>The strong inclination to trade, common to emigrants, was in these
+colonies a passion, while the settlers were of the lower class. The want
+of coin induced the government to pay the debts it incurred in rum,
+which, commonly valued at &pound;1 per bottle, passed from hand to hand. The
+commissariat receipts were, however, the chief medium of exchange: they
+were acknowledgements of the delivery of goods for the use of the crown.
+They were paid by the settlers to the<span class='pagenum'><a name="Page_75" id="Page_75">[Pg 75]</a></span> merchants, who on the appointed
+days presented them for consolidation, and received in return bills on
+the lords of the treasury. Every trader issued his notes. The islands of
+Scotland possessed a small paper currency, and to that origin were we
+probably indebted for our own. Dr. Johnson found such trifling bills in
+circulation during his celebrated tour. In Hobart Town they were issued
+in great profusion.<a name="FNanchor_118_118" id="FNanchor_118_118"></a><a href="#Footnote_118_118" class="fnanchor">[118]</a> Often of the lowest value, both in amount and
+in credit, they kept afloat by the risk which their refusal involved.
+When presented in small quantities they were usually paid. A trader
+rejecting his neighbour's bills would be harrassed by his revenge: this
+was, however, done in some instances. A large issuer of notes in
+Launceston was staggered by a sudden demand for payment: to maintain his
+credit he borrowed dollars, and gave additional notes as security. A few
+days after they returned, and the same dollars were again borrowed by
+the unfortunate financier. The run was devised by his clerk, who managed
+by such man&oelig;uvres to obtain a large bonus for negociating a loan of
+coin. The credit of these notes depended greatly on the Naval officer, a
+sort of collector: if admitted in payment of duties, they were current
+everywhere. The criminal courts continually exhibited frauds, consequent
+on these small issues. The issuers, however, had many chances in their
+favor: they did not always know their own notes; but great numbers were
+destroyed by persons intoxicated, or lost or worn out. The meaning of
+payment in currency, they interpreted, as giving one note for another,
+or four shillings for five shillings.</p>
+
+<p>The colonial dollars were mutilated to prevent their exportation. In
+1810, dollars were imported from Bengal. To make a smaller coin the
+centre was struck out, and valued at 1s. 3d.; the ring retaining its
+full current value. The crown payed the dollar as five shillings, and
+received it as four shillings; thus gaining 20 per cent. in exchange for
+bills, and in the settlement of accounts: an injustice so shameful was
+the subject of parliamentary reprobation, and ultimately suppressed. In
+1824, the <i>Samarang</i> imported &pound;10,000 of British silver, and the lords
+of the treasury directed that British coin should be paid to the troops,
+and taken in exchange for treasury bills.<span class='pagenum'><a name="Page_76" id="Page_76">[Pg 76]</a></span></p>
+
+<p>The establishment of the Van Diemen's Land Bank (1823) was the most
+effectual remedy of many financial difficulties. The traders obtained a
+charter from Sir Thomas Brisbane: the capital was divided into shares of
+200 dollars, and its direction was committed to a local board.<a name="FNanchor_119_119" id="FNanchor_119_119"></a><a href="#Footnote_119_119" class="fnanchor">[119]</a></p>
+
+<p>The issues of individuals were finally suppressed by act of council. The
+detection of many frauds enabled the dishonest, with a show of right, to
+dispute payment. They were sometimes recovered in the court of request.
+Justice was once secured by Mr. Hone, in the following manner:&mdash;The
+defendant was requested to select the notes he admitted to be genuine,
+and then to hand both parcels to the bench: these being marked were
+dropped purposely, and the defendant unsuccessfully attempting the same
+division once more, showed that his repudiation was fraudulent, and lost
+the cause.</p>
+
+<p>It was the custom to load a cart with goods, and send it through the
+country: the peddling merchant exchanged his commodities&mdash;a cask of rum,
+a basket of tobacco, a chest of tea, a bale of slop clothing&mdash;for sheep
+and cattle. The profits were often enormous: on his return to head
+quarters he would appear with a flock worth five times the original cost
+of his merchandise.<a name="FNanchor_120_120" id="FNanchor_120_120"></a><a href="#Footnote_120_120" class="fnanchor">[120]</a></p>
+
+<p>The manners of a people are seen in the courts. A series of trials,
+arising from the same transaction, included a considerable portion of
+the settlers, and illustrated the trading habits which prevailed. Mr.
+Gunning being indebted to Mr. Loane, a merchant, agreed to pay him in
+cattle: this arrangement was superseded. Fearing, notwithstanding, that
+his claim would be damaged by a general insolvency, Loane took with him
+seven men, and swept from Gunning's premises a herd of various
+ownership. For this he was called in question by the police as a felon:
+in retaliation, he instituted actions for malicious prosecution.
+Crossley, an emancipist lawyer, issued summonses, and instructed the
+officer to arrest, contrary to standing orders; but Timms, the provost
+marshal, to exhibit a spectacle, captured the police magistrate
+proceeding to government house. The whole settlement was involved in
+actions arising out of the debt, rescue, and criminal charge, either as
+parties or witnesses. The provost marshal was dismissed for "drunken
+ignorance."<span class='pagenum'><a name="Page_77" id="Page_77">[Pg 77]</a></span> These trials occurred in 1821, during the circuit of the
+judge, Barron Field, who was induced, by the representations of
+Commissioner Bigge, to hold a session in this colony.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_116_116" id="Footnote_116_116"></a><a href="#FNanchor_116_116"><span class="label">[116]</span></a> <i>Hunter's Historical Journal.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_117_117" id="Footnote_117_117"></a><a href="#FNanchor_117_117"><span class="label">[117]</span></a> <i>Methodist Magazine</i>, 1821.</p></div>
+
+<div class="footnote"><p><a name="Footnote_118_118" id="Footnote_118_118"></a><a href="#FNanchor_118_118"><span class="label">[118]</span></a>
+</p><p>
+"No. 20.       <i>Hobart, 1st May, 1823.</i><br />
+</p><p>
+<span class="smcap">Sixpence.</span>       I promise to pay the bearer on demand the sum<br />
+of Sixpence, for value received.<br />
+A. B."<br />
+</p></div>
+
+<div class="footnote"><p><a name="Footnote_119_119" id="Footnote_119_119"></a><a href="#FNanchor_119_119"><span class="label">[119]</span></a> Names of first directors and officers:&mdash;E. F. Bromley, A.
+Bethune, F. Champion, G. C. Clarke, A. F. Kemp, A. Macleod, and D. Lord;
+R. Lewis, cashier.</p></div>
+
+<div class="footnote"><p><a name="Footnote_120_120" id="Footnote_120_120"></a><a href="#FNanchor_120_120"><span class="label">[120]</span></a> <i>Curr's Account</i>, p. 44.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_VIIIa" id="SECTION_VIIIa"></a>SECTION VIII</h3>
+
+
+<p>The ecclesiastical notices contained in this work, will relate chiefly
+to external and material interests. The eye of a stranger cannot be
+expected to survey with impartiality the peculiarities of systems. It
+will be attempted to supply a few general facts acceptable to the
+community at large.</p>
+
+<p>During the first years of this colony the duty of providing religious
+instruction, was both admitted and neglected by the state. The clergy
+were limited to the towns, who with the clerical functions united the
+business of agriculture and the administration of punishments. The
+church of England was then regarded by statesmen as the religion of the
+empire, and to clergymen of the episcopal persuasion the spiritual
+interests of the settlements were confided.</p>
+
+<p>The first clergyman of New South Wales was the Rev. Richard Johnson: his
+labors were prosecuted under many discouragements. The priest of a
+Spanish vessel raised his hand with astonishment when he found (1793) no
+sacred edifice had been provided, and that the clergyman sought some
+shady spot to evade the burning sun in the performance of his ministry.
+He remarked, that the first house his own countrymen would erect, would
+be a house for God.<a name="FNanchor_121_121" id="FNanchor_121_121"></a><a href="#Footnote_121_121" class="fnanchor">[121]</a> The habits of the officers discouraged a moral
+reformation. Earl St. Vincent had prohibited the marine officers taking
+their wives. A lady, who followed her husband in the disguise of a
+sailor, was sent home by Governor Phillip, when half her voyage had been
+completed.<a name="FNanchor_122_122" id="FNanchor_122_122"></a><a href="#Footnote_122_122" class="fnanchor">[122]</a></p>
+
+<p>Four years having elapsed, in vain expectation of official help, Mr.
+Johnson erected, at his own cost, a wooden building: strong posts were
+driven into the ground, the walls consisted of wattle and plaster, and
+the roof was thatched: thus the first Christian temple in this
+hemisphere was raised by a voluntary effort. This building was
+mali<span class='pagenum'><a name="Page_78" id="Page_78">[Pg 78]</a></span>ciously destroyed. After a long season of slumber, the governor
+resolved to enforce the observance of the Sabbath, which had been
+commonly spent in "abominable dissipation." The prisoners were compelled
+to attend on public worship, and their officers enjoined to accompany
+them: a few weeks after, the church was in flames. The governor,
+irritated, threatened to employ the workmen on Sunday to erect another
+church; but a large stone store being available, it was fitted up for
+the purposes of devotion, and the weekly penance exacted in another form
+more suitable to the day (1778). Mr. Johnson returned to Great Britain:
+he was the first who reared orange groves, from which he realised
+considerable wealth.<a name="FNanchor_123_123" id="FNanchor_123_123"></a><a href="#Footnote_123_123" class="fnanchor">[123]</a></p>
+
+<p>Before Mr. Johnson's removal, the Rev. Samuel Marsden arrived: a man of
+great intellectual and physical energy, who while he accomplished much
+for his family, effected more as a clergyman. Mr. Marsden was a graduate
+of St. John's, when he received his appointment, which was pressed upon
+him. His mission excited great interest. He was about to address a large
+assembly at Hull, when the vessel fired a signal to weigh anchor: the
+service was suddenly stopped, and Mr. Marsden proceeded with his bride
+to the boat, followed by the whole congregation, who covered the young
+adventurers with benedictions.</p>
+
+<p>Mr. Marsden resided at Parramatta, where his agricultural success was
+conspicuous. Per&oacute;n exclaimed&mdash;"The whole of this spot was covered with
+immense and useless forests. With what interest have I trodden over
+these new meadows, through the midst of which this respectable pastor
+conducted me himself with the most affectionate kindness. Who could have
+believed it! This residence is seven or eight miles from Parramatta, in
+the midst of woods; and it was over a very excellent road in a very
+elegant chaise that Mr. Marsden drove me. What exertions must have been
+taken to open such communications: these pastures, these fields, these
+harvests, these orchards, these flocks, are the work of eight years!" In
+his spiritual husbandry Mr. Marsden was not at first equally successful.</p>
+
+<p>He returned to England in 1808, and the colony was left for some time
+without any clerical instructor. The Rev. Mr. Fulton, a protestant
+clergyman of Waterford, transported for sedition, was stationed at
+Norfolk Island, and Father Harold, an exile, a catholic priest, had
+returned<span class='pagenum'><a name="Page_79" id="Page_79">[Pg 79]</a></span> home. "There was," says Holt, "no clergyman to visit the sick,
+baptise the infant, or church the women. So we were reduced to the same
+state as the heathen natives who had none of these ceremonies." At this
+period, however, many missionaries, driven from Tahiti, took refuge at
+Port Jackson. Some were employed as preachers, and others as
+schoolmasters, and several rose to considerable station and wealth,
+while others resumed their mission under more favorable auspices.</p>
+
+<p>Mr. Marsden succeeded in arousing the attention of the ministry:
+additional clergymen were procured, and schools were established. The
+country-born children displayed an aptitude for instruction which
+kindled the most pleasing hopes. They exhibited a feeling, approaching
+to contempt, for the vices of the convicts, even when manifested in the
+persons of their parents.<a name="FNanchor_124_124" id="FNanchor_124_124"></a><a href="#Footnote_124_124" class="fnanchor">[124]</a> "These feelings," said Sidney Smith,
+"convey to the mother country the first proof that the foundations of a
+mighty empire are laid."<a name="FNanchor_125_125" id="FNanchor_125_125"></a><a href="#Footnote_125_125" class="fnanchor">[125]</a></p>
+
+<p>It is scarcely possible to imagine a condition more unfavorable to the
+rising race; and yet the aptitude for instruction, and the self-respect
+observable in the Australian youth, have been remarked by every visitor
+from the earliest times, not without astonishment. It is not uncommon to
+see children of the most elegant form, and with an open countenance,
+attended by parents of a different aspect, as if a new region restored
+the physical and mental vigour of the race.</p>
+
+<p>A pleasing instance of the love of knowledge occurred during the early
+ministry of the Rev. Mr. Cartwright, which he related to Governor
+Macquarie. The river which separated them from his dwelling was swollen,
+and knowing the ford was impassable, he saw with great amazement his
+young pupils approach his Sunday school: they had tied their clothing on
+their heads, and swam across the stream.<a name="FNanchor_126_126" id="FNanchor_126_126"></a><a href="#Footnote_126_126" class="fnanchor">[126]</a> It is asserted, that
+without any other instruction than a casual lesson, some learned both to
+read and write.</p>
+
+<p>The Rev. Robert Knopwood, who arrived with the first settlers, was long
+the sole chaplain of Van Diemen's Land. In addition to his clerical
+functions he regularly sat as a magistrate. He had not much time to care
+for the spiritual interests of his flock, and of his success in their
+reformation nothing is recorded: his convivial friends are the chief<span class='pagenum'><a name="Page_80" id="Page_80">[Pg 80]</a></span>
+eulogists of his character. His little white pony was not less
+celebrated. Mr. Knopwood received a pension, and was subsequently
+appointed chaplain to a country district: he died in 1838. The gaiety of
+his disposition made him a pleasant companion and a general favorite;
+and conciliated whatever esteem may be due to a non-professional
+reputation.<a name="FNanchor_127_127" id="FNanchor_127_127"></a><a href="#Footnote_127_127" class="fnanchor">[127]</a> Mr. Knopwood was not, however, unwilling to tolerate
+the assistance of a sect whose zeal wore a different aspect from his
+own. The wesleyan ministers found a kindly welcome and an open field.</p>
+
+<p>In the absence of clergymen, it was customary for the magistrates to
+conduct public worship, or where that was not possible, to assemble the
+prisoners and accompany the inspection with a few words of advice.<a name="FNanchor_128_128" id="FNanchor_128_128"></a><a href="#Footnote_128_128" class="fnanchor">[128]</a></p>
+
+<p>The attention of the London committee of the wesleyan mission was
+aroused by their agents stationed at Port Jackson, who referred to this
+colony as "a settlement called the Derwent, two weeks' sail distant."
+The Rev. B. Carvosso, on his passage to New South Wales, touched at
+Hobart Town, in the month of May, 1820. He embraced the opportunity thus
+offered. He was introduced by the Rev. Mr. Knopwood to the governor, who
+authorised and protected his teaching. Mr. Carvosso stood on the steps
+of a dwelling-house; his congregation partly within and partly without:
+his wife conducted the psalmody. The text which initiated the wesleyan
+ministry was characteristic of its style and results: "Awake thou that
+sleepest!" The colony required such addresses. Mr. Carvosso's
+description of the inhabitants may be imagined: they were kindly, but
+dissolute. At New Norfolk and at Pittwater, with a population of several
+hundreds, no religious service had been performed. A seriously-minded
+soldier, by diligent inquiry, found out a<span class='pagenum'><a name="Page_81" id="Page_81">[Pg 81]</a></span> settler said to be religious.
+To converse with this person, he took a journey of fifteen miles, and
+found him swearing!</p>
+
+<p>Shortly after Mr. Carvosso's departure, several soldiers of the 58th
+regiment, who at Sydney adopted the sentiments of methodism, were
+quartered in the island. They prompted a Mr. Noakes to obtain a room for
+worship: eight persons met on the 29th October, 1820, at a house in
+Collins-street, Hobart Town. They next removed to the residence of a Mr.
+Wallis: the soldiers and their coadjutor filled up the hour with
+singing, exhortation, and alternate prayer. Corporal Waddy appears to
+have been the leader of the band. They were assailed with great, though
+transient fury: their devotion was stifled by hostile noises. The
+governor, however, interfered, and the disturbers were intimidated.</p>
+
+<p>But the landlord of the house growing weary of their company, they
+sought a place of refuge. Donne, a carpenter, whose skilling formed a
+workshop, was entreated to arrange it for worship. At first, he gave a
+hesitating consent: his wife, a woman of vigorous temper and "a
+Romanist," violently interdicted the project; "but," says the
+chronicler, "that night there was a dreadful storm; the house rocked:
+she awoke in terror, exclaiming, 'the methodists shall have the room!'"
+The building became too small: it was enlarged to accommodate three
+hundred persons: a society of fourteen members was constituted. On the
+13th May, 1821, a Sunday school was established; the first in Van
+Diemen's Land. All this was done in the absence of a minister. Waddy,
+who was made a sergeant, went to India, where he soon died. He was
+mentioned with admiration by his brethren. Donne had been a prisoner: he
+lived to acquire the respect and confidence of his neighbours. His
+proper name was Cranmer: he was descended from the family of the
+illustrious archbishop.<a name="FNanchor_129_129" id="FNanchor_129_129"></a><a href="#Footnote_129_129" class="fnanchor">[129]</a> He remained in membership until his
+decease. Mr. Noakes, the organiser of these wesleyan victories, became
+dissatisfied with their results: the <i>Gazette</i>, of 1823, announced that
+he had withdrawn from their fellowship. To him, however, belongs the
+honor of gathering the first school for gratuitous instruction.</p>
+
+<p>In the year following, September 21st, 1821, the Rev. Mr. Horton
+arrived. His labors were fatiguing and minute: he read the scriptures to
+"four persons in one place, and addressed twelve in another; chiefly old
+people and young children." He describes the social state of the
+country:<span class='pagenum'><a name="Page_82" id="Page_82">[Pg 82]</a></span> "The wretchedness of Launceston is past description:" "of the
+deaths at New Norfolk, all except two are attributed to accident or
+drunkenness."</p>
+
+<p>Mr. David Lord gave Mr. Horton a plot of ground, and he resolved to
+build. He was indefatigable in his collections; and by contributions,
+then thought liberal, obtained &pound;400.; but chapels are not built by
+cautious men. Having raised the walls his money was gone; and they
+remained long uncovered: a reproach to his calculation, but not to his
+faith. The Rev. R. Mansfield, two years after, obtained timber and labor
+from the government: gifts and loans were provided by the society in
+England, and the building was completed.<a name="FNanchor_130_130" id="FNanchor_130_130"></a><a href="#Footnote_130_130" class="fnanchor">[130]</a></p>
+
+<p>In 1822, a considerable religious immigration took place. Carvosso
+transmitted accounts of the material and moral prospects of the colony,
+which determined several of that class to settle in this island. They
+embarked in the <i>Hope</i>, and encountered great dangers in the British
+channel. On their complaints the vessel was seized, under an act for the
+protection of passengers; and the <i>Heroine</i> being chartered for the
+purpose, they were transmitted at the expense of the government. The
+owners successfully appealed against the seizure, and accused the
+passengers of conspiracy; who, however, themselves suffered considerable
+detention and loss.<a name="FNanchor_131_131" id="FNanchor_131_131"></a><a href="#Footnote_131_131" class="fnanchor">[131]</a> Many still survive, having largely contributed
+in their various spheres towards the social improvement of the country.</p>
+
+<p>Mr. Knopwood was superseded, as principal chaplain, by the Rev. William
+Bedford. This gentleman received his appointment by the recommendation
+of persons who had been impressed by his zealous attendance on criminals
+awaiting execution in the metropolitan gaols.</p>
+
+<p>The presbyterian church was founded the same year by the Rev. Archibald
+Macarthur. He was cordially received as a representative both of his
+country and his religion: though not himself of the national church,
+most Scottish names are appended to the first subscription for his
+stipend.</p>
+
+<p>The co-operation of the various bodies was not prevented<span class='pagenum'><a name="Page_83" id="Page_83">[Pg 83]</a></span> by their
+differences. Of the first annual meeting of the wesleyan mission, Mr.
+Bedford was president, and the whole community joined in the support of
+a bible society, the first religious institution of the colony.</p>
+
+<p>The missionaries who fled from Tahiti a second time, formed at Sydney a
+bible society, under the patronage of Macquarie, and transmitted a
+considerable supply to the care of Mr. Knopwood. In return for the
+liberal gift, an auxiliary was formed, of which Messrs. Birch and Dry
+were the lay officers. The meeting held in May, 1819, contributed &pound;100
+on the spot: &pound;300 during the year. This munificence was avowedly for the
+credit of the settlement. Not only did the institution unite all sects,
+but it was the first instance of friendly co-operation between the
+emigrant and emancipist classes.<a name="FNanchor_132_132" id="FNanchor_132_132"></a><a href="#Footnote_132_132" class="fnanchor">[132]</a> Among the contributors were twelve
+who, giving 5s. each, designated themselves the "members of the free and
+accepted masons of St. John's Lodge, Hobart Town." An early general
+meeting of the society was an example of dispatch: the governor took the
+chair, the report was read, the resolutions passed, and the meeting
+dispersed within ten minutes. With such celerity were pious labors
+finished in those days.</p>
+
+<p>The erection of the archdeaconry in favour of the Rev. W. Scott, in
+1824, was the result of his visit to the colonies, as secretary to
+Commissioner Bigge, whose reports were attributed to his pen. His
+alleged hostility to the emancipists excited resentment, and detracted
+from his usefulness. When delivering his charge at Hobart Town, the
+governor required the attendance of all officially connected with the
+government, whatever their faith. New South Wales was within the diocese
+of Calcutta, but the relation was nominal; yet the newspapers did not
+think a visit from Bishop Wilson improbable.</p>
+
+<p>The Rev. John Youl, formerly a missionary at Tahiti, was the chaplain of
+Port Dalrymple. His labors were divided between George Town and
+Launceston, and until his arrival no clergyman had ever visited the
+northern districts of the island.<a name="FNanchor_133_133" id="FNanchor_133_133"></a><a href="#Footnote_133_133" class="fnanchor">[133]</a> In 1819, he made a tour, and
+baptised sixty-seven children, and married forty-one couple; many of
+whom were recognised as such before his interposition.<a name="FNanchor_134_134" id="FNanchor_134_134"></a><a href="#Footnote_134_134" class="fnanchor">[134]</a> He was
+accustomed to call his congregation together by the sound of an<span class='pagenum'><a name="Page_84" id="Page_84">[Pg 84]</a></span> iron
+barrel, which was swung to a post, and struck by a mallet; or he
+announced his arrival by walking through the settlement in his canonical
+dress.</p>
+
+<p>Launceston was destitute of a clerical resident until 1824, when Mr.
+Youl returned with the establishment from George Town. The people were
+sometimes weeks without a service, and three years without a clergyman.
+Shortly after, during a visit of the governor, the church was crowded;
+an event said to be unparalleled in the history of Launceston. The
+church was a wooden building of small dimensions: sometimes occupied as
+a court, sometimes as a temporary sleeping place for prisoners;
+sometimes as a stable.<a name="FNanchor_135_135" id="FNanchor_135_135"></a><a href="#Footnote_135_135" class="fnanchor">[135]</a></p>
+
+<p>The disposition of Mr. Youl was amiable, and his professional reputation
+unblemished: placed in a station of little promise, he cultivated the
+minds and affections of the young, and discountenanced vices he could
+not extirpate.</p>
+
+<p>The first Roman catholic priest established at Hobart Town, was the Rev.
+Peter Connolly. Less polished than his protestant friend, Mr. Knopwood,
+he was not less genial in his temper: the pastor of a people drawn
+chiefly from the Irish peasantry, he well understood their character. He
+received a grant from the crown, and erected a humble chapel and
+dwelling-house; which he ascribed partly to the charity, and partly the
+penance of his flock. He used a common brush to sprinkle them with holy
+water, and spoke of their faults without much softness or reserve.
+Occasionally an execution required his services at Launceston, otherwise
+a place long overlooked by the priesthood.<a name="FNanchor_136_136" id="FNanchor_136_136"></a><a href="#Footnote_136_136" class="fnanchor">[136]</a></p>
+
+<p>The return of the Sabbath was unattended in the country with a religious
+welcome. Many employed their time in hunting: the more scrupulous in
+visits, and the profane in labor or intemperance. A gentleman, now
+distinguished among the wesleyans, was found by his neighbour ploughing
+by the road side on Sunday morning: both himself and his men had
+forgotten the day. Yet at the houses of all, a minister of religion, of
+any name, met a cheerful entertainment and a willing audience. Whether
+that the presence of an intelligent stranger is itself a grateful
+interruption to rural solitude, or that the miseries resulting from sin
+were too apparent for dispute, the utility of religion was never<span class='pagenum'><a name="Page_85" id="Page_85">[Pg 85]</a></span> openly
+questioned; and it is certain, that few people were less inclined to
+reject the instructions, or to affront the ministers of religion.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_121_121" id="Footnote_121_121"></a><a href="#FNanchor_121_121"><span class="label">[121]</span></a> <i>Collins</i>, vol. i. p. 498.</p></div>
+
+<div class="footnote"><p><a name="Footnote_122_122" id="Footnote_122_122"></a><a href="#FNanchor_122_122"><span class="label">[122]</span></a> <i>Life of John Mason Good.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_123_123" id="Footnote_123_123"></a><a href="#FNanchor_123_123"><span class="label">[123]</span></a> <i>Holt</i>, vol. ii. p. 97.</p></div>
+
+<div class="footnote"><p><a name="Footnote_124_124" id="Footnote_124_124"></a><a href="#FNanchor_124_124"><span class="label">[124]</span></a> <i>Bigge's Report</i>, p. 104.</p></div>
+
+<div class="footnote"><p><a name="Footnote_125_125" id="Footnote_125_125"></a><a href="#FNanchor_125_125"><span class="label">[125]</span></a> <i>Works</i>, vol. ii. p. 44.</p></div>
+
+<div class="footnote"><p><a name="Footnote_126_126" id="Footnote_126_126"></a><a href="#FNanchor_126_126"><span class="label">[126]</span></a> <i>Reid's Voyages</i>, p. 312.</p></div>
+
+<div class="footnote"><p><a name="Footnote_127_127" id="Footnote_127_127"></a><a href="#FNanchor_127_127"><span class="label">[127]</span></a> He is thus described by a companion, in the <i>Hermit in
+Van Diemen's Land</i>: "The good old gentleman at length warmed with the
+subject, and said in an under tone&mdash;'You must come and see Bob at the
+cottage. Yeoix, yeoix: tantivy, tantivy;' to which friendly invitation I
+immediately assented."</p></div>
+
+<div class="footnote"><p><a name="Footnote_128_128" id="Footnote_128_128"></a><a href="#FNanchor_128_128"><span class="label">[128]</span></a> The following is a discourse delivered by Captain Nairn,
+and by its constant repetition was impressed upon the memory of the
+relator. Captain Nairn would stand and thus address the prisoners on a
+Sunday morning:&mdash;"Now, my men, listen to me. I want you all to get on. I
+was once a poor man like you; but I used to work perseveringly, and do
+things diligently and as such got taken notice of, until I became a
+captain of the 46th. Now, I want you to work perseveringly; do things
+diligently, and that will make you comfortable; and I will assist you,
+that you may have houses for yourselves, and rise up to be equal to me."
+It may be questioned if many sermons of greater pretensions, have not
+been less humane and effectual; and this was often the sole substitute
+for public worship.</p></div>
+
+<div class="footnote"><p><a name="Footnote_129_129" id="Footnote_129_129"></a><a href="#FNanchor_129_129"><span class="label">[129]</span></a> These statements are taken from the official papers of
+the mission.</p></div>
+
+<div class="footnote"><p><a name="Footnote_130_130" id="Footnote_130_130"></a><a href="#FNanchor_130_130"><span class="label">[130]</span></a> The Rev. Mr. Mansfield continued until 1825. Under his
+care the institutions peculiar to the wesleyans were fully established:
+their <i>love feasts</i>, in which they relate the rise and progress of their
+religious experience; their <i>watch nights</i>, when they wait in silent
+prayer for the first moment of the new year; their <i>covenant</i>, in which
+standing up together they pledge themselves to the service of the
+Almighty.</p></div>
+
+<div class="footnote"><p><a name="Footnote_131_131" id="Footnote_131_131"></a><a href="#FNanchor_131_131"><span class="label">[131]</span></a> <i>Godwin's Guide to Van Diemen's Land.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_132_132" id="Footnote_132_132"></a><a href="#FNanchor_132_132"><span class="label">[132]</span></a> <i>Bigge's Report.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_133_133" id="Footnote_133_133"></a><a href="#FNanchor_133_133"><span class="label">[133]</span></a> Ibid.</p></div>
+
+<div class="footnote"><p><a name="Footnote_134_134" id="Footnote_134_134"></a><a href="#FNanchor_134_134"><span class="label">[134]</span></a> <i>Gazette</i>, February, 1819.</p></div>
+
+<div class="footnote"><p><a name="Footnote_135_135" id="Footnote_135_135"></a><a href="#FNanchor_135_135"><span class="label">[135]</span></a> Eye-witness.</p></div>
+
+<div class="footnote"><p><a name="Footnote_136_136" id="Footnote_136_136"></a><a href="#FNanchor_136_136"><span class="label">[136]</span></a> Mr. Fitzgerald, a respectable settler, speared by the
+natives (1831), was carried to his grave by his neighbours; but was
+indebted to a prisoner, sought out for the purpose, for the religious
+rites usual at funerals.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IXa" id="SECTION_IXa"></a>SECTION IX</h3>
+
+
+<p>On the 19th July, 1823, the British legislature enacted a law for the
+"better administration of justice in New South Wales and Van Diemen's
+Land, and for the better government thereof;" to expire at the close of
+the session of parliament, 1827. The old courts with their military
+functionaries were superseded,<a name="FNanchor_137_137" id="FNanchor_137_137"></a><a href="#Footnote_137_137" class="fnanchor">[137]</a> and a supreme court erected; whose
+jurisdiction extended to causes, criminal, civil, and ecclesiastical.
+The judges were entitled to the powers and jurisdiction enjoyed by the
+courts of King's Bench, Common Pleas, and Exchequer of England; and to
+enquire into and determine all treasons or other crimes committed within
+the Indian or Pacific Oceans. The military jury of seven officers on
+full pay, were retained; but the court proceeded according to the forms
+of civil tribunals. The trial of civil issues was confided to the judge,
+and two justices of the peace chosen by the governor; the right being
+given to either party to apply to the court for a jury of twelve
+freeholders. The king was authorised to extend trial by jury at
+pleasure. Causes of more than &pound;500, or a less sum with consent of the
+judge, were subject to appeal to the governor of New South Wales; and
+appeals in certain cases were allowed to the king in council. The rules
+of court were authorised by the king. Courts of quarter session, and of
+request for sums under &pound;10, were established. The governor, with the
+advice of a council of five or seven, or the major part of them, was
+empowered to enact ordinances not repugnant to the laws of England. The
+duties levied under former acts were made perpetual, but the council
+were inhibited from imposing a tax, except for local purposes. The
+governor, with one member assenting, could pass any law: or, for the<span class='pagenum'><a name="Page_86" id="Page_86">[Pg 86]</a></span>
+suppression of a rebellion, although all might dissent: and the king was
+empowered to enact an ordinance which the council might reject.</p>
+
+<p>It was provided also, that the king might erect Van Diemen's Land into a
+separate colony: confer on the acting-governor, in the absence of the
+governor-in-chief, the various powers conveyed by the act; and, in that
+case, terminate the dependence of the supreme court on the court of New
+South Wales. On these extensive powers the checks provided were the
+requisite preliminary certificate of the chief justice, that the
+ordinances proposed were consistent with the laws of England, or the
+circumstances of the colony; the exposure of these acts on the table of
+the House of Commons; the obligation of the governor to show cause for
+the act passed in defiance of his council; the prohibition of direct
+taxation, except for local purposes: guarantees of little value at the
+time of their adoption, but rendered of greater importance by the growth
+of freedom in the empire at large.</p>
+
+<p>The act of parliament did not pass without animadversion and discontent.
+Sir James Mackintosh moved that a jury of twelve should be substituted
+for the clause constituting a military jury&mdash;the most obnoxious portion
+of the bill. In this he was seconded by Mr. Wilberforce, but the
+proposition was defeated by a majority of eleven. Mr. Canning
+recommended a compromise between the friends and opponents of the bill,
+by limiting its duration to five years, and to this the minister
+assented.</p>
+
+<p>The capacity of the colonies to furnish jurors was long a subject of
+debate, Mr. Justice Bent stated, that after full consideration he
+recommended a grand and a common jury, in conformity to the English law,
+and the trial of convicts by the police;<a name="FNanchor_138_138" id="FNanchor_138_138"></a><a href="#Footnote_138_138" class="fnanchor">[138]</a> but Commissioner Bigge
+pronounced against the scheme, and was confirmed in his opinion by the
+leading colonists of the time. The whole state of society opposed
+serious objections to its adoption, and it was scarcely practicable in
+Van Diemen's Land.</p>
+
+<p>The settlers were generally desirous that Van Diemen's Land should be
+erected into a separate colony. To this, Sorell was opposed. He thought
+the measure premature: tending to augment the expenses of government; to
+deprive the people of the advantages of an appeal to the elder colony,
+and of participation in that more liberal system of<span class='pagenum'><a name="Page_87" id="Page_87">[Pg 87]</a></span> government a larger
+community could demand. A public meeting was, however, summoned, and a
+petition adopted by acclamation. The sole dissentient present, Mr.
+Murray, was roughly treated by the petitioners.</p>
+
+<p>The nearer inspection of a chief authority, and the more ample means
+possessed for good, were its advantages; but it occasioned a more rigid
+separation in social life, multiplied offices which might have been long
+confined to the elder colony, and removed too far the governor and
+courts from effectual oversight and appeal. The colony was not
+sufficiently consolidated to oppose a force of public opinion to the
+despotic tendencies of the new constitution.</p>
+
+<p>This petition was forwarded to the king through Mr. Edward Barnard, the
+colonial agent, who owed his appointment to the suggestion of Mr. Bigge,
+and the nomination of Lord Bathurst. His office was not, however,
+political. He was authorised to purchase stores for the local
+government; to give drafts on the colonial funds in exchange for cash;
+and otherwise to assist persons designing to emigrate to this country.
+He received 8 per cent. commission, and a salary until 1839, when it was
+withdrawn. He bore no resemblance to those bold political agents, such
+as Franklin, sent by the American colonists to watch their interests in
+Great Britain.</p>
+
+<hr style='width: 45%;' />
+
+<p>In the early journals the name of Sorell occurs frequently, to
+illustrate the qualities which adorn a ruler, and to point a satire on
+his successor. On his departure a banquet was given him, where, said the
+reporter, "the cup was often replenished, and the flow of reason never
+ebbed." It was observed, that the return freight for merino wool, which
+the colony owed to his care and foresight, anchored beside the
+<i>Guildford</i>, that was to carry him home.</p>
+
+<p>Towards the close of Sorell's government, the commerce of the colony was
+assisted by the enterprise of some British merchants. A company was
+formed at Leith, with a capital of &pound;100,000, professing to promote the
+welfare of the colonies, by taking their produce in exchange for
+merchandise. A succession of vessels were dispatched: the first was the
+<i>Greenock</i>; among the rest, the <i>Triton</i>, Captain Crear. These vessels
+introduced many families from Scotland, whose moral worth and successful
+enterprise have established their<span class='pagenum'><a name="Page_88" id="Page_88">[Pg 88]</a></span> families among the chief of the land.
+The shipments provoked the anger, and broke up the monopoly of the local
+merchants.</p>
+
+<p>The administration of Sorell was successful in colonial estimation: his
+habits were familiar without rudeness, and his fine countenance
+attracted the confidence of the stranger. He was accustomed to linger
+about the gate of government house, chatting with the passers by, and a
+slight excuse entitled the humblest ranks to prefer their solicitations.
+The admiration expressed by the settlers for his character, was partly
+the result of their relative positions. He was a dispenser of crown
+favors, and when compelled to refuse an immoderate suitor, he could
+refer his request to the governor-in-chief. The rigour of king's
+commissioner was softened by his official worth: nor is it necessary to
+search for a censure, amidst such concurrence of praise. The settlers,
+to express their regard, agreed to offer Sorell a testimonial of &pound;750
+value. They deprecated his recall by petition<a name="FNanchor_139_139" id="FNanchor_139_139"></a><a href="#Footnote_139_139" class="fnanchor">[139]</a>&mdash;a rare instance of
+popular favor: there was but<span class='pagenum'><a name="Page_89" id="Page_89">[Pg 89]</a></span> one dissentient. A request so unusual
+might, perhaps, have been successful, had it not come too late.</p>
+
+<p>On his return to England, he received a pension, which commencing in
+1825, continued until his death&mdash;twenty-four years, and amounted to
+&pound;11,500: more than the official salary he received during his government
+twice told. This pension was authorised by the crown, and charged on the
+colonial revenue. Sorell was colonel of the 48th regiment: he died on
+the 4th June, 1848, in the seventy-fourth year of his age.</p>
+
+<p>The aspect of the country at this time was not inviting<span class='pagenum'><a name="Page_90" id="Page_90">[Pg 90]</a></span> to strangers;
+but the current of colonisation was set in, and its ultimate
+superiority, compared with all others, became an article of Tasmanian
+faith. On this subject the agricultural societies maintained a war of
+papers. Baron Field, the chief justice of New South Wales, was the
+champion of that country, and dwelt on its vast forests, its wool, its
+boundless pastures and rivers. The president of the Tasmanian
+agriculturists urged all in the defence of Van Diemen's Land, which
+became his position. At that time, protective laws had not furnished
+them with more formidable weapons.</p>
+
+<p>The trials and disappointments of the colonist pioneer, will have been
+long since forgotten. The modern emigrant to Australia can know them
+only in part. He is carried to his destination by a public conveyance,
+at a cost determined by extensive competition. He can have the
+mechanical labor he may need: he can buy the stock, descended from
+European flocks and herds, lower than in their native regions. The
+choice fruit trees, flowers, and plants, which multitudes have combined
+to collect, he can obtain often at a gift. The costly experiments of his
+predecessors have established the rules which preserve his crops from
+destruction, or his folds from disease. There is a market for his
+produce, and a bank for his money; and a school for his children.</p>
+
+<p>A poet, of some celebrity, predicted the fortunes of Tasmania. The
+picture he drew, is no unpleasing prospect for posterity:&mdash;</p>
+
+<p style="margin-left: 4.0em;">
+"Now, on my soul the rising vision warms,<br />
+But mingled in a thousand lovely forms!<br />
+Methinks I see Australian landscapes still,<br />
+But softer beauty sits on every hill:<br />
+I see bright meadows, decked in livelier green,<br />
+The yellow corn-field, and the blossomed bean:<br />
+A hundred flocks o'er smiling pastures roam,<br />
+And hark! the music of the harvest home!<br />
+Methinks I hear the hammer's busy sound,<br />
+The cheerful hum of human voices round;<br />
+The laughter and the song that lightens toil,<br />
+Sung in the language of my native isle!<br />
+The vision leads me on by many a stream;<br />
+And spreading cities crowd upon my dream,<br />
+Where turrets darkly frown, and lofty spires<br />
+Point to the stars and sparkle in their fires!<br />
+Here Sydney gazes, from the mountain side,<br />
+Narcissus-like upon the glassy tide!<br />
+O'er rising towns Notasian commerce reigns,<br />
+And temples crowd Tasmania's lovely plains!<br />
+The prospect varies in an endless range;<br />
+<span class='pagenum'><a name="Page_91" id="Page_91">[Pg 91]</a></span>Villas and lawns go by, in ceaseless change:<br />
+And wafted on the gale from many a dell,<br />
+Methinks I hear the village Sabbath bell!<br />
+Faith upward mounts, upon devotion's wings,<br />
+And, like the lark, at heaven's pure portal sings;<br />
+From myriad tongues the song of praise is poured,<br />
+And o'er them floats 'the spirit of the Lord!'"<a name="FNanchor_140_140" id="FNanchor_140_140"></a><a href="#Footnote_140_140" class="fnanchor">[140]</a><br />
+</p>
+<p><span class='pagenum'><a name="Page_92" id="Page_92">[Pg 92]</a></span></p>
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_137_137" id="Footnote_137_137"></a><a href="#FNanchor_137_137"><span class="label">[137]</span></a> Mr. Samuel Bate, after exercising the functions of judge
+at Port Phillip (1803), returned home, and received the appointment,
+many years after, of inspector of excise, at Port Jackson.</p></div>
+
+<div class="footnote"><p><a name="Footnote_138_138" id="Footnote_138_138"></a><a href="#FNanchor_138_138"><span class="label">[138]</span></a> <i>Par. Pap.</i> 1812.</p></div>
+
+<div class="footnote"><p><a name="Footnote_139_139" id="Footnote_139_139"></a><a href="#FNanchor_139_139"><span class="label">[139]</span></a> The following may be considered almost unparalleled in
+the history of modern colonies, and in this has never been repeated. The
+government of Sorell was rather patriarchal than despotic; and compared
+with the mass of newly arrived emigrants he was the old inhabitant. Many
+who had never seen official men, but at an awful distance, were charmed
+with the affability and kindness of the governor, and his recall seemed
+the withdrawal of a liberal patron:&mdash;
+</p><p>
+"<span class="smcap">At a Public Meeting</span> of the Landholders, Merchants, and Free Inhabitants
+of Van Diemen's Land, by public advertisement assembled, at the Court
+House, in Hobart Town, the 30th day of October, 1823, <span class="smcap">John Beamont</span>,
+Esq., Provost Marshal of Van Diemen's Land, in the chair;
+</p><p>
+"Resolved&mdash;(Moved by Edward Abbott, Esq. junior, seconded by James
+Gordon, Esq.)&mdash;That in the present state of this colony, that union of
+wisdom and experience, which his Honor Lieutenant Governor Sorell has on
+every occasion so strikingly exhibited, is most essential to our general
+and individual interests. It becomes therefore of the very utmost
+importance to us, that in any contemplated changes, as to this colony,
+Lieutenant Governor Sorell may not be removed from his present
+government; inasmuch as no successor, whom it may be the pleasure of his
+Majesty to appoint, can be possibly expected to bestow all that general
+and individual attention to our wants and wishes, and to be able,
+satisfactorily and advantageously, to encounter any difficulties which
+may occur, without a considerable lapse of time, and much probable
+encreased inconvenience; while from the steady, calm, decided, and
+experienced judgment of his Honor Lieutenant Governor Sorell, we have
+every reason to hope for the most prosperous continuation of his present
+successful administration.
+</p><p>
+"2nd. Resolved&mdash;(Moved by A. F. Kemp, Esq., seconded by F. Dawes,
+Esq.)&mdash;That a most dutiful Address be presented to his Majesty, grounded
+upon the preceding resolution; and that a committee of fifteen gentlemen
+be appointed to prepare the same, and to carry into effect the object of
+the present meeting, in such manner as shall appear most proper and
+expedient.
+</p><p>
+"3rd. Resolved&mdash;(Moved by T. G. Gregson, Esq., seconded by W. A.
+Bethune, Esq.)&mdash;That the Address, when signed, be forwarded with the
+least possible delay to Edward Barnard, Esq., our colonial agent in
+London, requesting that gentleman to adopt the necessary measures for
+forthwith submitting it to his Majesty's most gracious consideration,
+and to use his utmost endeavours to obtain the object of the same.
+</p><p>
+"4th. Resolved&mdash;(Moved by R. L. Murray, Esq., seconded by J. Gordon,
+Esq.)&mdash;That a subscription be forthwith entered into, to defray the
+expenses which may arise from carrying into effect the present
+resolutions, and for the purpose of presenting to his Honor Lieutenant
+Governor Sorell a Piece of Plate, in token of our affectionate
+remembrance of the great obligations we owe him, and that such
+subscription be limited to the sum of two dollars, individually.
+</p><p>
+"5th. Resolved&mdash;(Moved by A. F. Kemp, Esq., seconded by J. Archer,
+Esq.)&mdash;That H. J. Emmett, Esq. and P. A. Mulgrave, Esq. be requested to
+undertake the offices of treasurers of the subscription, for the
+counties of Buckingham and Cornwall, respectively.
+</p><p>
+"6th. Resolved&mdash;(Moved by T. G. Gregson, Esq., seconded by T. Anstey,
+Esq.)&mdash;That a copy of these Resolutions, and of the Address to his
+Majesty, be transmitted to his Honor Lieutenant Governor Sorell, in such
+manner as by the Committee shall be considered most respectful to the
+Lieutenant Governor, and suitable to the occasion.
+</p><p>
+"7th. Resolved&mdash;(Moved by R. Espie, Esq., seconded by J. Gordon,
+Esq.)&mdash;That the following fifteen gentlemen do form the committee for
+the purposes before resolved:&mdash;
+</p><br />
+
+<table summary="contents">
+<tr><td>E. Abbott, Esq. jun.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;S. Hood, Esq.</td></tr>
+<tr><td>T. Anstey, Esq.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A. W. H. Humphrey, Esq.</td></tr>
+<tr><td>J. Archer, Esq.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A. F. Kemp, Esq.</td></tr>
+<tr><td>W. A. Bethune, Esq.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;R. L. Murray, Esq.</td></tr>
+<tr><td>F. Dawes, Esq.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;H. Ross, Esq.</td></tr>
+<tr><td>H. J. Emmett, Esq.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;G. F. Read, Esq.</td></tr>
+<tr><td>J. Gordon, Esq.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;J. Scott, Esq.</td></tr>
+<tr><td>T. G. Gregson, Esq.</td></tr>
+</table><br />
+
+<p>
+"8th. Resolved&mdash;(Moved by J. Archer, Esq., seconded by T. Anstey,
+Esq.)&mdash;That these Resolutions, and a copy of the Address to his Majesty,
+be inserted three times in the <i>Hobart Town</i> and <i>Sydney Gazettes</i>; and
+in the <i>Times</i>, <i>New Times</i>, <i>Morning Chronicle</i>, and <i>Courier</i>, London
+newspapers.
+</p><p style="text-align: right">"<span class="smcap">John Beamont</span>, <i>Provost Marshal, Chairman</i>.
+</p><p>
+"The Provost Marshal having quitted the chair, and James Gordon, Esq.
+having been requested to take the same;
+</p><p>
+"Resolved&mdash;(Moved by E. Abbott, Esq., junior, seconded by R. L. Murray,
+Esq.)&mdash;That the thanks of this meeting be given to John Beamont, Esq.,
+our worthy Provost Marshal, for the readiness with which he has convened
+the present meeting, and for his able, upright, and impartial conduct in
+the chair.
+</p><p style="text-align: right">"<span class="smcap">James Gordon</span>, <i>Chairman</i>."</p></div>
+
+<div class="footnote"><p><a name="Footnote_140_140" id="Footnote_140_140"></a><a href="#FNanchor_140_140"><span class="label">[140]</span></a> <i>Australia; with other Poems</i>. By T. K. Hervey, London,
+1824.</p></div>
+</div>
+
+<p><span class='pagenum'><a name="Page_93" id="Page_93">[Pg 93]</a></span></p>
+
+<hr style="width: 65%;" />
+<h2>HISTORY OF TASMANIA.</h2>
+<p><span class='pagenum'><a name="Page_94" id="Page_94">[Pg 94]</a></span></p>
+
+<h2>FROM 1824 TO 1836</h2>
+
+
+
+<hr style="width: 65%;" />
+<h2><a name="FROM_1824_TO_1836" id="FROM_1824_TO_1836"></a>FROM 1824 TO 1836</h2>
+
+<h3><a name="SECTION_Ib" id="SECTION_Ib"></a>SECTION I</h3>
+
+
+<p>George Arthur, Esq., fourth Lieutenant-governor of Van Diemen's Land,
+arrived in the <i>Adrian</i>, on the 12th May, 1824. Formerly superintendent
+of Honduras, he was extensively known as an officer of inflexible and
+energetic disposition: his administration had occasioned considerable
+debate, and was the subject of parliamentary and judicial enquiries.
+Honduras, an establishment on the American coast, was occupied by
+adventurers from Jamaica. At first interlopers, their presence was for a
+time unnoticed by the Spanish crown. A hundred years were passed in
+unavailing protests and opposition, when the court of Spain reluctantly
+recognised the location of the cutters of logwood within its undoubted
+territory.</p>
+
+<p>In 1814, Arthur was appointed superintendent by the Duke of Manchester;
+at the same time he received from General Fuller the government of the
+troops in the following words: "I do hereby constitute and appoint you,
+the said George Arthur, to command such of his Majesty's subjects as are
+now armed, or may hereafter arm for the defence of the settlers at the
+Bay of Honduras; you are, therefore, as commandant, to take upon you the
+care and charge accordingly." In virtue of these appointments he claimed
+both the military and civil command, until he quitted the settlement in
+1822.</p>
+
+<p>In 1820, Bradley, an officer stationed at Honduras, was promoted to the
+rank of lieutenant-colonel on full pay, and knowing that the regiment of
+which Arthur was colonel (the York Chasseurs) was disbanded, he
+considered himself entitled to the military command, by the seniority of
+rank, according to the rules of military service: he refused to
+acknowledge longer the authority of Arthur, or to attend a<span class='pagenum'><a name="Page_95" id="Page_95">[Pg 95]</a></span> council of
+officers to which he was summoned. Arthur instantly caused Bradley to be
+arrested, and his sword taken from him; and he was detained a prisoner
+for seventy-three days.</p>
+
+<p>An account of this transaction was transmitted to Jamaica, when General
+Fuller, the superior officer, ordered the colonel's liberation; but
+forwarded to the authorities in Great Britain a statement of the
+dispute. The conduct of Colonel Bradley was deemed inconsistent with
+military subordination: he was dismissed from the service without trial;
+he was, however, allowed to dispose of his commission.</p>
+
+<p>Colonel Bradley instituted an action against Arthur for false
+imprisonment: his counsel was the present Lord Brougham: Arthur was
+defended by the law officers of the crown. There were two questions to
+decide: whether the arrest was legal, and then whether unnecessary
+hardship had been endured by the plaintiff. The jury, considering that
+Bradley's detention was unnecessarily prolonged, gave him damages to the
+amount of &pound;100. The appointment of Arthur to the government of this
+country withdrew him from the effect of a legal process, and when
+Bradley appealed against what he deemed the injustice of his evasion, he
+was told that he could await his recall. Colonel Bradley next published
+a statement, that General Fuller had antedated Arthur's commission as
+commandant, thus to justify the measures he had taken: a charge
+amounting to forgery. A criminal information was filed against Bradley:
+he was found guilty, but was not brought up for judgment.</p>
+
+<p>It was decided by the judges that Bradley was mistaken, and that
+Arthur's title to command was regular and valid. Bradley, however,
+continued to maintain that he was the victim of a deep conspiracy, by
+which Arthur was rescued from the consequences of usurpation. It is
+certain that Bradley was ruined.</p>
+
+<p>The judges, in pronouncing a decision on Bradley's appeal against the
+verdict of justification which Arthur obtained, in reference to the
+arrest, set aside the rules and regulations of the service. Their
+judgment was built merely upon the absolute discretion of the crown in
+the distribution of military command: they inferred that the approval of
+Arthur's proceedings and the dismissal of Bradley, were sufficient
+evidence of the royal will.<span class='pagenum'><a name="Page_96" id="Page_96">[Pg 96]</a></span><a name="FNanchor_141_141" id="FNanchor_141_141"></a><a href="#Footnote_141_141" class="fnanchor">[141]</a></p>
+
+<p>This was not the only charge exhibited against Arthur. In Honduras,
+slavery existed in its foulest forms.<a name="FNanchor_142_142" id="FNanchor_142_142"></a><a href="#Footnote_142_142" class="fnanchor">[142]</a></p>
+
+<p>Colonel Arthur obtained the countenance of an important class of
+politicians, by the compassion he expressed for the negro race, and his
+exposure of the connivance of magistrates at the cruelty of masters. He
+minutely described the sufferings of several women of color in his
+despatches to the secretary of state; and especially denounced that
+atrocious bench, which admitted a plea of ownership in justification of
+the crime of maiming. The details given by Arthur fully justify his
+interference, and the enmity of a people by whom they were tolerated
+inflicted no disgrace. Thus a mistress, whose careless severity injured
+the eye and severed the ear of a negro woman, pleaded the rights of
+property, and the magistrate admitted the defence, although the
+character of the sufferer was unimpeached. In flogging, the owners often
+stripped off the lower clothing of the female slaves, threw them on the
+ground, and fastened their limbs to stakes.<a name="FNanchor_143_143" id="FNanchor_143_143"></a><a href="#Footnote_143_143" class="fnanchor">[143]</a></p>
+
+<p>Wilberforce and Stephen, the great advocates of slave liberation, who
+possessed influence with the executive, considered Arthur a valuable
+coadjutor in their glorious cause, and were supposed to pardon the
+arbitrary spirit of his government for the sake of his philanthropy.
+This evangelical alliance was a standing subject of reference and
+criticism.</p>
+
+<p>It may be proper to notice the moral state of this colony on Arthur's
+assumption of office. The meeting which adopted a farewell address to
+Sorell, authorised a similar compliment to Arthur on his accession. It
+was couched in the language of cold respect: parting reluctantly with
+their late governor, the people were less disposed to welcome his
+successor. The reply of Arthur was not less formal and cold: he took
+occasion to express his conviction that the moral example of the free
+population was essential to the improvement of a class less favored; and
+that while employing his authority for the general welfare, he was
+resolved to maintain the rights of the crown. Such sentiments and
+purposes were just; but scarcely likely at that moment to be heard with<span class='pagenum'><a name="Page_97" id="Page_97">[Pg 97]</a></span>
+pleasure. The good sense of Sorell discountenanced the excesses of vice,
+but the moral standard of England he had not attempted to raise. The
+domestic circumstances of Arthur were more favorable to his authority as
+a censor; and happily for our ultimate welfare, he resolved to
+discourage violations of social decorum. Many settlers, whose rank in
+life made them unwilling to contract lawful marriages with prisoners or
+their offspring, were surrounded by a numerous race. Their example
+affected those in stations beneath them. To arrest this domestic evil,
+was doubtless the duty of Arthur; but it was not always performed with
+consideration. Many were unable to marry; but were unwilling to abandon
+connexions sanctioned by the circumstances of the colony and the habits
+around. They were placed under a ban: the favours of government were
+denied them. Such as were in subordinate offices were dismissed; and
+however lasting the utility of this rigour, its immediate consequence
+was irritation, resistance, and contempt.</p>
+
+<p>The state of the prisoner population, though considerably ameliorated by
+Sorell, was far from satisfactory. Left much at their own disposal from
+the hours of labor till their return, they were masters of that portion
+of their time most suitable for dissipation and crime. The extent of
+their depredations, and the deliberation with which they were performed,
+indicated an extensive confederacy. The subordinate police, prone to
+connive with offenders, was ill-regulated and insufficient. Goods were
+carried off in masses: bags of sugar and chests of tea were abstracted
+from the stores; cart loads of property were swept off at once. The
+habits of the populace were daring, profane, and intemperate; and to
+coerce such materials into order, required the utmost vigour and
+discretion.<a name="FNanchor_144_144" id="FNanchor_144_144"></a><a href="#Footnote_144_144" class="fnanchor">[144]</a></p>
+
+<p>The chief justice, John Lewes Pedder, Esq., brought from Great Britain
+the charter of the supreme court, which was proclaimed in the
+market-place on the 7th May, 1824. On the 24th of the same month, the
+court opened for business, and Joseph Tice Gellibrand presented his
+commission as attorney-general. In his opening speech he declared his
+resolution to adopt the maxims of the illustrious Hale. He eulogised the
+jurisprudence of his country, and especially trial by jury; but the
+military uniform which appeared in<span class='pagenum'><a name="Page_98" id="Page_98">[Pg 98]</a></span> court, if it did not lesson its
+utility, deprived the institution of its grace.</p>
+
+<p>The first person tried was named Tibbs, for killing a negro, who while
+watching for thieves was himself taken for a robber. Though not a
+constable, he found pleasure in detecting the crimes of others, and had
+in some instances succeeded. He fell a victim to this singular passion:
+he was haunting the premises of a settler, by whose servant he was
+slain.</p>
+
+<p>The first prosecution for libel was at the instance of Mr. R. L. Murray.
+This gentleman, formerly a captain in the army, had been transported for
+bigamy. At an early age, while stationed in Ireland, he became
+acquainted with a presbyterian lady, and was married to her according to
+the rites of her faith. Considering himself trepanned, he came to the
+conclusion that the ceremony was void, and subsequently espoused
+another. Twenty years after, he was prosecuted; but not at the instance
+of the parties more immediately concerned. In an appeal to the British
+nation, published at the time, he ascribed the charge to malice; and he
+made several unsuccessful efforts to obtain the reversal of the
+sentence. In the opinion of eminent counsel, the ceremony was invalid;
+and many years after, the judges decided that the marriage of a
+presbyterian and an episcopalian in Ireland, could only be celebrated by
+a clergyman of the establishment. Sir Samuel Romilly and Mr. Whitbread
+called the attention of the Commons to the extreme severity of the
+sentence, and were resisted by the ministers with party warmth.<a name="FNanchor_145_145" id="FNanchor_145_145"></a><a href="#Footnote_145_145" class="fnanchor">[145]</a></p>
+
+<p>Murray was educated at Westminster and Cambridge; and had spent twenty
+years in the service when his commission, as captain in the Royal Waggon
+Train, was declared forfeited. After residing some time in New South
+Wales, he settled in this island: his extensive experience and literary
+talents procured his admission to the limited society. Having adopted
+the opinion that an independent colonial government would not add to the
+freedom or prosperity of the colony, he opposed the petition. The
+committee for its promotion set up a placard, which referred to the
+history of the dissentient, and exposed themselves to a criminal
+prosecution.</p>
+
+<p>The establishment of a court seemed to be the signal for an outbreak of
+disorder and violence. Many prisoners<span class='pagenum'><a name="Page_99" id="Page_99">[Pg 99]</a></span> escaped from confinement, and for
+a long period a succession of depredators alarmed and pillaged the
+colony. The settlers promptly tendered their assistance to the
+government, to garrison the towns or scour the bush. Their assistance
+was chiefly valuable for the moral support it afforded, and its
+influence on the minds of the labourer in bondage. The exploits of the
+bushrangers properly belong to the history of transportation, and are
+related in Vol. ii. p. 194. The terrors they spread retarded the
+occupation of the country, and joined with the assaults of the natives
+made the life of a Tasmanian farmer one of considerable danger. At this
+time the remote estates were guarded by soldiers: loop-holes pierced the
+walls; fierce dogs were stationed as sentinels; and the whole strength
+of a district was sometimes employed in pursuit. Few settlers have
+escaped assault and loss. Many families, who in Great Britain thought of
+an armed robber only with feelings of terror, by long familiarity with
+scenes of danger, acquired a cool courage, which would not dishonor a
+soldier by profession. The unsparing sacrifice of the robbers captured,
+gradually terminated the practice of bushranging, and the colony enjoyed
+a long season of comparative repose.</p>
+
+<p>The duties, levied first by the authority of the governor-in-chief, and
+afterwards sanctioned by parliament, were collected by the Naval
+officer, who received 5 per cent. on the amount: he also performed the
+duties of treasurer. Dr. Bromley, the surgeon of the first fleet,
+subsequently made seven voyages to the colonies, when he obtained the
+appointment. The infrequent examination of the accounts, exposed the
+treasury to undetected pilfering, and the colony to loss: in 1824, a
+large defalcation was discovered, which, ascertained by a jury of
+merchants, amounted to &pound;8,269. They recommended the defaulter to the
+lenient consideration of the government, as the victim of others. Dr.
+Bromley had been subject to the daily peculation of servants, and robbed
+of cash and plate, to the value of &pound;500, at once. His integrity was not
+impeached: the public business, however, had been conducted without
+check. The per centage was abolished, and the offices of treasurer and
+collector separated, and confided to Mr. Jocelyn Thomas and Mr.
+Hamilton.</p>
+
+<p>The admission of goods liable to customs had been lax. The new settler
+landed his rum duty free, when intended for his own use; but smuggling
+was carried on to a large extent, and the protection of the revenue
+required a<span class='pagenum'><a name="Page_100" id="Page_100">[Pg 100]</a></span> more severe supervision. The rigour was not always exercised
+with courtesy; and the vallise of Mr. Edward Lord, formerly
+acting-governor, was detained by the naval officer, with some
+expressions of indignity.</p>
+
+<p>The merchants were deeply offended by the imposition of a duty at Hobart
+Town, higher than was fixed by Brisbane at Port Jackson, as injurious to
+their trade; and that duties levied prior to landing, were sometimes
+imposed on wines never actually delivered. They requested that the
+charges might be equalised with the other port, and that the excess
+already taken should be restored. In reply, Arthur not only refused to
+entertain the petition, but vindicated with great ardour the conduct of
+Hamilton, as a traduced and excellent public officer. Such was the
+answer to the merchants who complained of excessive and unequal imposts.
+Dissatisfied with the reply, they required the sheriff to call a public
+meeting, to address the governor-in-chief, the colony being still a
+dependency. This the sheriff, Mr. Dudley Fereday, declined, complaining
+that his honor Colonel Arthur was not mentioned in the requisition, and
+the object of the meeting not sufficiently defined. A meeting was
+therefore called to reprobate the ignorance and presumption of the
+sheriff; but the dispute ended without any other practical consequences
+than a wide impression that the government was despotic and
+contemptuous.</p>
+
+<p>A more important variation between the colonies was displayed on the
+question of trial by jury. The magistrates of New South Wales were
+required to shew cause for the non-issue of a precept to the sheriff, to
+summon a jury. The rule <i>nisi</i> was made absolute. Chief Justice Forbes
+decided that the magistrates derived their commission from the king, and
+not the parliament; that their functions and obligations were settled by
+common law; were not mentioned, and therefore not taken away by the act.
+The petty session thus traced its existence to the royal commission: the
+supreme court to the parliamentary law.</p>
+
+<p>When the report of the determination by Judge Forbes reached this
+colony, Mr., now Sir Alfred Stephen, brought the question before the
+court in a similar manner. He argued that it was the duty of the court
+to construe the act of parliament in a form the most favorable to the
+subject. On the other side it was maintained, that the colony was too
+small to furnish civil juries, and the parliament had superseded them.
+The act itself which instituted the military jury for the supreme court,
+and gave civil juries in<span class='pagenum'><a name="Page_101" id="Page_101">[Pg 101]</a></span> civil cases, left the extension of the
+practice to the royal discretion alone.</p>
+
+<p>Judge Pedder, in giving judgment, stated that according to the practice
+previously in the colonies no civil juries had been known, and the act
+of parliament which conferred trial by jury did not give a common one,
+but retained the military jury. On the whole he was of opinion that
+parliament had overruled common law, and taken away trial by jury,
+except as provided by the act, or extended by the king.</p>
+
+<p>Thus, while Judge Pedder ruled that the petty juries were illegal, at
+New South Wales they were sitting under the sanction of the then
+superior authority. That the decision of our supreme court was a more
+correct interpretation of the intentions of parliament, is scarcely to
+be doubted; but the words of the act did not necessarily extinguish a
+common law right, and the intention of legislators is not law. The
+decision of Forbes was more agreeable to Englishmen, though scarcely
+compatible with the condition of the country.</p>
+
+<p>The treatment of Mr. Gellibrand, the attorney-general, who was dismissed
+from his office by Arthur, for unprofessional conduct, excited great
+interest in the legal circles of Great Britain. The disagreement sprang
+chiefly from a trial, Laurie <i>v.</i> Griffiths, characteristic of the
+times. The plaintiff sued for damages for the illegal capture of a
+vessel of 12 tons, of which he was the owner and master. The vessel,
+called the <i>Fame</i>, was found by the brig <i>Glory</i> in Twofold Bay.
+Griffiths, the owner of the <i>Glory</i>, invited Laurie on board, and made
+him prisoner. He then boarded the <i>Fame</i>, deprived her of charts and
+compass, and amidst the shouts of his seamen fastened her to the tail of
+the <i>Glory</i>. In this condition she was carried triumphantly towards
+Launceston; but a storm arising, the <i>Glory</i> encumbered by the <i>Fame</i>,
+cast her adrift, when she was exposed to great danger. The prize-master
+ran her on shore, and the party wrecked, after fourteen days journey
+through the woods, reached George Town. The justification pleaded was
+that the plaintiff had conveyed prisoners from Port Jackson, and was
+liable to forfeiture; that he had embarked in an unlawful voyage, and
+intended to visit Launceston to circulate forged paper. No proof of
+these assertions was offered, and the jury granted &pound;460 damages; a
+verdict which the government found no occasion to disturb.</p>
+
+<p>Mr. Gellibrand, upon the close of the action, was called<span class='pagenum'><a name="Page_102" id="Page_102">[Pg 102]</a></span> to account for
+mal-practice. Mr. Dawes, an attorney, presented a statement to the
+governor, which was forwarded to Judge Pedder, who returned it as not
+within his province. Mr. Alfred Stephen, therefore, brought the
+complaint formally before the court, and moved that Gellibrand should be
+struck off the rolls. The main question was this: whether a barrister
+holding a general retainer could, without license, advise the opposite
+party, or whether he could draw pleas for both. It was maintained by Mr.
+Stephen, that the practice was dishonorable and dangerous: in the early
+stages of a cause facts might become known to a barrister, which would
+make him a formidable antagonist to his former client. He asserted that
+whether the practice were common in England or not, it was detestable;
+and if allowed, would compel him to relinquish the profession, "or seek
+an honorable pittance elsewhere."</p>
+
+<p>In the case of Laurie <i>v.</i> Griffiths, Mr. Gellibrand had drawn the pleas
+for the plaintiff, and afterwards acted officially against him; he,
+however, transferred the fee he received to Mr. Stephen, when he was
+compelled to relinquish the cause. The profession, almost unanimously,
+asserted that the custom of the English bar warranted the practice of
+Gellibrand. The judge stated that he was not concluded by the custom of
+the English bar, and that the court might treat as a contempt a practice
+tolerated at Westminster: he considered the custom pernicious, but
+dismissed the case, and left the governor to act for himself.</p>
+
+<p>The appeal of Mr. Gellibrand to the profession perfectly vindicated his
+conduct. It was found that the first counsel in England often acted
+against a retaining client, and sometimes drew pleas on both sides.
+Thus, in a question of a right of way, the same counsel drew the
+declaration, the plea, and the replication. However objectionable at
+first sight, where legal technicalities are so fatal to even a right
+cause, it would be no small hardship were an opulent person permitted to
+engross the legal talents of an island, and exclude his antagonist from
+the possibility of obtaining justice. The excitement occasioned by this
+dispute was of long continuance, and motives were freely imputed.</p>
+
+<p>Although the chief justice dismissed the motion of Mr. Stephen, the
+governor determined to press the charge, and appointed a commission of
+enquiry. Additional matter was urged: it was said that Gellibrand
+advised a client to enter an action against a magistrate, whom his
+office might oblige him to defend, and that his intimacy with Mr.
+Murray<span class='pagenum'><a name="Page_103" id="Page_103">[Pg 103]</a></span> did not become his relations with the government. Mr. Sergeant,
+now Judge, Talfourd regretted that by quitting the commissioners
+appointed by the governor, he had damaged his case. The crown had a
+right to dismiss; but he was clearly of opinion that the proceeding of
+the local officers was the effect of either "malice or mistake." The
+charges of professional malversation he pronounced too absurd for
+notice; that the practice was not only allowable but often imperative.</p>
+
+<p>Mr. Stephen, on his passage to this colony was involved in a quarrel,
+which ended in an assault. On his action he obtained &pound;50 damages. His
+bill of costs, twice that amount, was published, to contrast with the
+professional scruples which inspired his opposition to Gellibrand. This
+bill consisted of one hundred and twelve items, among which the
+following: "to instructions for replication," "for brief," "retaining
+fee." Many other such payments of self to self, passed the taxing of the
+master. After paying actual expenses, Mr. Stephen, however, handed the
+surplus to a chanty.</p>
+
+<p>The master of the supreme court arrived in October, 1824. This gentleman
+was the brother of the late William Hone, a party writer of great
+celebrity, whose opinions in early life were extreme, both in reference
+to politics and religion. For publishing parodies, which employed the
+language of the <i>Common Prayer</i> as a vehicle of political complaint, he
+was tried by Lord Ellenborough. His fame was greatly increased by the
+pertinacity and skill of a successful defence. He afterwards wrote the
+<i>Day Book</i>, a work of ability and research; and in the last years of his
+life he embraced the faith, and died with the reputation of an ardent
+christian. Joseph Hone, Esq. succeeded Mr. Gellibrand. The uniform
+gentleness of his character has been respected by the press: he is
+mentioned only to be praised.</p>
+
+<p>The arrival of General Darling was a time of festivity: he proclaimed
+the independence of the colony on New South Wales, December 3, 1825.
+While present, he was entitled to govern; but when he set sail, Arthur,
+who had been addressed as "Your Honor," assumed the authority of
+governor-in-chief, and, responsible only to the home-office, became "His
+Excellency." The colonists were less delighted with the possession than
+the prospect of a chief governor; although the spirit of General Darling
+was not more favorable to the enlargement of their liberties.</p>
+
+<p>The legislative and executive councils were appointed,<span class='pagenum'><a name="Page_104" id="Page_104">[Pg 104]</a></span> consisting of
+officers of the government: among them, it is said, a relative of
+Spencer Perceval, the statesman. He had been nominated to an office in
+this colony, but he never arrived; his name is, however, second on our
+first list of legislators.</p>
+
+<p>The division of the island into police districts, subject to a
+stipendiary magistrate (1827), brought the prisoner population under the
+more direct control of the government. It was a great improvement in the
+internal discipline of the colony. Gentlemen, themselves masters, were
+liable to the bias of a position full of vexation and disappointment,
+and less favorable to a cool and impartial administration of justice.
+The executive revised their sentences, and thus reflected on their
+judgment. Nor were they willing always to spare the time required by a
+patient investigation, or to distinguish between a frivolous and a
+proper defence. Some curious examples of magisterial equity are often
+told: one rose from the bench, when he heard his waggon in the street,
+and delivered his sentence in his progress towards the door&mdash;"I can't
+stop: give him fifty." A cattle stealer owed his life to the same
+impatience of enquiry: before the charge was half investigated, the
+magistrate said, "give him fifty"&mdash;an easy compromise with the hangman.
+A reverend gentleman met a party of men brought up for disobedience: he
+sent them back, with "ah, well, give them five-and-twenty all round." It
+was common to send a note with the man whom it was intended to punish:
+he was flogged, and sent back. A man, suspecting the contents of such a
+missive, gave it to his fellow-servant, who was flogged in spite of his
+protests. Another, who had been on a similar errand before, returned
+next day to his master, complaining bitterly of his suffering; but he
+had destroyed the note and eluded the triangles. Such eccentricities of
+justice could not last beyond the rudest era.</p>
+
+<p>The site of the capital narrowly escaped a second change. The
+commissioner, Mr. Bigge, considered that the seat of government should
+be fixed nearer to the source of the river Derwent. Brighton was
+nominated the destined city, close to an extensive and fertile country,
+and within easy access to the interior. Arthur was instructed to
+determine this question. Its chief inducement was the removal of the
+prisoners from the temptation of the port; but property was already
+invested to a large amount. The merchants strongly opposed the transfer.
+The division of the government from the chief population would have
+destroyed its<span class='pagenum'><a name="Page_105" id="Page_105">[Pg 105]</a></span> moral influence. Arthur did not press the project, and
+during a conference with the merchants and other principal inhabitants,
+discussed the question with courtesy. On the whole, the measure was
+impolitic, and finally abandoned.</p>
+
+<p>The uncertainty for some time obstructed the progress of the place.
+Launceston was still more unfortunate. When York Town was abandoned as
+the chief settlement, Paterson removed his head-quarters to Launceston;
+but on the visit of Macquarie he determined to constitute George Town
+the northern capital. The superior convenience of a spot at the head of
+the river to one forty miles distant, gave Launceston the mercantile
+preference. Macquarie maintained his project to the last; but the
+opinion of Mr. Bigge determined the dispute in favor of Launceston, and
+the head-quarters, in 1824, were removed finally from George Town.</p>
+
+<p>A fatality has seemed to attend the selection of chief townships in the
+colonies. Sydney is a second choice, Hobart Town a second, Launceston a
+third, Melbourne a second. New Zealand has experienced the same vexation
+and losses which proper surveys might easily avoid. The general
+government can have no sinister interest in these changes, but those who
+foresee and promote them may largely gain.</p>
+
+<p>The principal objection to Launceston was the navigation of the river,
+which was dreaded by vessels of tonnage; but its reputation was worse
+than its dangers. Lighters, and even rafts, were employed to discharge
+ships which would now approach the wharves. The <i>Aguilar</i>, Captain
+Watson, spent several months at George Town, and charged the detention
+on the river. This was resented by Arthur, who stated that the master
+had dispatched the mate and seamen on a sealing voyage, and loitered for
+the purpose of traffic; and sought to excuse the delay by defaming the
+port.<a name="FNanchor_146_146" id="FNanchor_146_146"></a><a href="#Footnote_146_146" class="fnanchor">[146]</a></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_141_141" id="Footnote_141_141"></a><a href="#FNanchor_141_141"><span class="label">[141]</span></a> <i>Barnwell and Cresswell's Reports.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_142_142" id="Footnote_142_142"></a><a href="#FNanchor_142_142"><span class="label">[142]</span></a> An obscure publication appeared at Jamaica in 1824,
+designated a <i>Defence of the Settlers of Honduras</i>: a work intended to
+refute the imputations on which his anti-slavery policy had been
+justified. Whether the book itself really existed, or the passages
+professedly extracted from it deserve any credit, is questionable: the
+authority being an opposition paper.</p></div>
+
+<div class="footnote"><p><a name="Footnote_143_143" id="Footnote_143_143"></a><a href="#FNanchor_143_143"><span class="label">[143]</span></a> Colonel Arthur's letter to Lord Bathurst, 1820.</p></div>
+
+<div class="footnote"><p><a name="Footnote_144_144" id="Footnote_144_144"></a><a href="#FNanchor_144_144"><span class="label">[144]</span></a> The disorders of this period will be found described in
+vol. ii, of this History.</p></div>
+
+<div class="footnote"><p><a name="Footnote_145_145" id="Footnote_145_145"></a><a href="#FNanchor_145_145"><span class="label">[145]</span></a> <i>Appeal to the British Nation.</i> By R. L. Murray, Esq.:
+London, 2nd edit.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IIb" id="SECTION_IIb"></a>SECTION II</h3>
+
+
+<p>The newspapers of this hemisphere were long mere vehicles of government
+intelligence, or expressions of the views and feelings of the ruling
+powers. A censorship established from<span class='pagenum'><a name="Page_106" id="Page_106">[Pg 106]</a></span> the first issue, was rigorously
+exercised, and the founder of the Australian press spoke of its
+vexations to the end of his life, with horror and tears.</p>
+
+<p>This was George Howe, a Creole of St. Christopher. He arrived in New
+South Wales in 1800: with the sanction of Governor King, he obtained
+material from Great Britain, and sent forth the first-born of the
+Australian press, named the <i>Sydney Gazette, and New South Wales
+Advertiser</i>, on the 5th March, 1803. The conduct of a periodical was a
+work of toil and anxiety: the default of material, the paucity of local
+intelligence, the vices of the prisoner workmen, and the jealousy of the
+authorities, severely tried the industry and patience of the intrepid
+printer. He continued his toil until his death, having kindled the
+unextinguishable torch of a free press, and taken his rank with the
+benefactors of mankind.</p>
+
+<p>Sir Thomas Brisbane at first relaxed, and then removed restrictions from
+the press. In 1823, he permitted the discussion of colonial affairs, and
+in the month of October, 1824, the colonial secretary informed Mr. Howe
+that he ceased to be amenable, except to the courts of law.</p>
+
+<p>Malice or humour, in the early days, expressed itself in what were
+called <i>pipes</i>&mdash;a ditty, either taught by repetition or circulated on
+scraps of paper: the offences of official men were thus hitched into
+rhyme. These <i>pipes</i> were a substitute for the newspaper, and the fear
+of satire checked the haughtiness of power.</p>
+
+<p>The <i>Hobart Town Gazette</i>,<a name="FNanchor_147_147" id="FNanchor_147_147"></a><a href="#Footnote_147_147" class="fnanchor">[147]</a> established by Andrew Bent, the first
+permanent newspaper, was under the immediate patronage and control of
+the government, and Mr. Emmett was the first official editor. The
+articles were brief, mild, and complimentary: they represented the views
+of the ruler; perhaps, at that time, also of the people.</p>
+
+<p>On the arrival of Colonel Arthur, Mr. Bent determined to throw off
+official supervision, and claimed a property in the title of the
+<i>Gazette</i>. The partnership between him and the government was not very
+distinct. Money had been lent for the purchase of material, but this he
+was expected to repay. His right to the property, questioned by Arthur,
+was allowed on reference to the governor-in-chief. The editor<span class='pagenum'><a name="Page_107" id="Page_107">[Pg 107]</a></span> of Mr.
+Bent's choice was Evan Henry Thomas, Esq. In June, 1824, appeared the
+first article of the press thus set free; and, as the first, is worthy
+lasting remembrance. "We esteem ourselves," observed the writer, "a
+<span class="smcap">BEACON</span>, placed by divine graciousness on the awfully perilous coast of
+human frailty." "We view ourselves as a <span class="smcap">SENTINEL</span>, bound by allegiance to
+our country, our sovereign, and our God. We contemplate ourselves as the
+<span class="smcap">WINNOWERS</span> for the public." He then proceeds&mdash;"We desire to encourage the
+cloudless flames of rectified communion," rejecting "each effusion,
+however splendid, of degenerate curiosity and perverted genius&mdash;of
+misanthrophic ascerbity and calumnious retrospection." Such were the
+vows and resolutions of the father of journalists. He added, "the duties
+of our typo-graphic province are performed by the proprietor and one
+assistant." Having offered his columns for discussion, a writer of
+considerable colonial fame, R. L. Murray, appeared under the signature
+of "<span class="smcap">A Colonist</span>." His letters addressed to Arthur, reviewed his
+government contrasted with that of his predecessor: they were said to
+approach the style of Junius; read in modern times, they may have lost
+much of their spirit. They were, however, offensive to Arthur, and he
+resolved to start another <i>Gazette</i>, which should put down opposition.</p>
+
+<p>As the quarrel warmed, Bent grew more daring, and the first <i>ex-officio</i>
+prosecution was instituted against him. Rather by implication than
+directly, the lieutenant-governor was charged with attempting to deprive
+Bent of his property; the fraud being defeated only by the superior
+justice of Governor Brisbane. In another paragraph the writer stated the
+<i>extra martial incarceration</i> of Colonel Bradley, taught the colonists
+what might be expected from Arthur's anger. In one of these libels, Bent
+declared that he would not surrender his rights to a "Gibeonite of
+tyranny." The attorney-general ingeniously explained, that though Gibeon
+was a good man, that did not qualify the inuendo. Fox was a friend of
+freedom, but such was not the Foxite of tyranny. In truth, the whole
+discussion is painful to a friend of liberty and justice. It is
+difficult to imagine a less dangerous opposition than such compositions,
+or to account for their prosecution, except as an outbreak of offended
+pride.</p>
+
+<p>In 1825, George Terry Howe had established the <i>Tasmanian</i> at
+Launceston; but the offers of the government drew him to head-quarters,
+and, in concert with Dr. Ross,<span class='pagenum'><a name="Page_108" id="Page_108">[Pg 108]</a></span> he became the printer of the <i>Government
+Gazette</i>. In this official publication there were articles of news and
+politics; but in 1827, the <i>Courier</i> being established, the <i>Gazette</i>
+issued as a separate publication. Mr. Bent complained bitterly of the
+piracy of his title: he, however, soon yielded, and changed the
+designation of his paper to the <i>Colonial Times</i>, August, 1825. The
+<i>Tasmanian</i>, of Hobart Town, soon followed, and discussed the various
+political questions with moderation and ability.</p>
+
+<p>Arthur resolved to put down the liberty of the press. It had, indeed,
+been asserted that this measure was dictated by Lord Bathurst; but the
+manner in which it was defended by Arthur, identifies his memory with
+the scheme. An act was passed, at the close of 1827, which laid the
+colonial press at his feet. This ordinance appointed a license, subject
+to the will of the governor, and made the continuance of a paper
+dependent on his pleasure: authorised a tax of threepence each, and took
+securities for penalties. Bent was refused a license, and even his right
+to publish an advertising sheet was disputed. He therefore published
+monthly, from the 1st March, 1828, the <i>Colonial Advocate</i>; a work of
+considerable merit, and containing much valuable information. It was,
+however, 5s. a number, and not adapted to colonial circulation. The
+<i>Austral-asiatic Review</i>, by Murray, also made its appearance in
+February, 1828; and although the publishers of these productions were
+injured by the law, the governor was not the gainer.</p>
+
+<p>It was not to be expected that the colony would quietly submit. An
+address, signed by Meredith and several other magistrates, animadverted
+on the measure with just severity. They declared that the restrictions
+imposed were needless, unconstitutional, and debasing: that they were an
+insult to the colony; contrary to the implied engagements of the crown,
+when emigration was invited. The reply of Arthur asserted, that so long
+as this was a place for the reception of convicts, the press could not
+be free: that it was dangerous to authority, and calculated to destroy
+the security of domestic life. Some opinions expressed by the
+remonstrants, he pronounced presumptuous and unjust. In the controversy,
+the people were successful, as they were nearly unanimous. The law was
+disallowed by Lord Sir G. Murray, and the press set free. However offensive
+the remarks of these writers, to describe their suppression as a measure
+of police, was both disingenuous and absurd.</p>
+
+<p>Alarmed by the threats of prosecution, the author of the<span class='pagenum'><a name="Page_109" id="Page_109">[Pg 109]</a></span> "Gibeonite
+libel" presented an apology in the following supplicating terms:&mdash;"We
+avow our readiness to preserve inviolate the best and most endeared
+interests of this community; and we trust that, before misanthropy again
+can rally his vituperative legions to assault us, we may re-evince to
+<i>all</i> how staunch is our allegiance, and how sullyless our zeal at the
+post of probity!" The unfortunate printer could not soften his
+prosecutor, and was cast in damages and expenses amounting to &pound;500.</p>
+
+<p>In 1829, Launceston was favored with two newspapers: the <i>Advertiser</i>,
+and the <i>Cornwall Press</i>. Both started together, and both manifesting
+the spirit of rivals. The <i>Advertiser</i> was the property of Mr. John
+Fawkner. Its opponent belonged to Mr. S. Dowsett, and reached the
+nineteenth number. The following are memorials of their fraternal
+sympathies. The <i>Cornwall Press</i> describes his rival as "an addle-pated
+upstart&mdash;a superannuated Zany." His writings "as the frothings of a beer
+cask." "Condescending to notice 5 feet 2&frac14;," he remarks, "we dropped
+from our proper elevation." What that might be, it is not difficult to
+conjecture, if the rejoinder is to be credited:&mdash;"if he had his right
+place, he would be wearing a leather apron and scouring pewter pots."
+Such were the literary love tokens of those days. It will be seen, that
+the quarrel of Arthur with the press, was continued to the end of his
+administration.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_146_146" id="Footnote_146_146"></a><a href="#FNanchor_146_146"><span class="label">[146]</span></a> <i>Gazette</i>, November, 1824.</p></div>
+
+<div class="footnote"><p><a name="Footnote_147_147" id="Footnote_147_147"></a><a href="#FNanchor_147_147"><span class="label">[147]</span></a> "We are indebted to the Italians for the idea of
+newspaper. The title of their <i>gazettas</i> was, perhaps, derived from
+<i>gazzera</i>, a magpie or chatterer; or, more probably, from a farthing
+coin peculiar to the city of Venice, called <i>gazetta</i>, which was the
+common price of newspapers."&mdash;<i>D'Israeli's Curiosities of Literature</i>,
+p. 53.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IIIb" id="SECTION_IIIb"></a>SECTION III</h3>
+
+
+<p>Captain Dixon, commander of the <i>Skelton</i>, came to Van Diemen's Land in
+1820. On his return to England, he published a small volume on the
+capabilities of the country. He suggested the formation of a pastoral
+company, with a capital divided into &pound;100 shares, as a profitable
+scheme. Causes foreign to this enquiry reduced the marketable value of
+money, and awakened a speculative spirit in Great Britain: projects of
+every kind found favour&mdash;a madness fraught with insolvency, fraud, and
+ruin. But in the meantime the Van Diemen's Land Company had been formed.
+Men of opulence and prudence, when compared with common projectors, were
+concerned in its origin. They proceeded<span class='pagenum'><a name="Page_110" id="Page_110">[Pg 110]</a></span> with caution, and postponed the
+issue of their share list until their plans were laid. Nor did they
+promise a dividend, but as the result of a considerable outlay, and at a
+distant date. Yet they drew a brilliant picture of this colony, and
+delineated in vivid language the riches of its soil, its relative
+position, and its future destinies. "Such advantages," said they, "could
+not long escape the penetration of the British public." It was, among
+their objects, to relieve Great Britain from dependence on foreign wool;
+to improve the quality of the Australian flocks: this object they have
+contributed to accomplish.</p>
+
+<p>They applied to Lord Bathurst for 500,000 acres of land. By his
+countenance they obtained an act of parliament, under which the charter
+of their incorporation, on the 9th November, 1825, passed the great
+seal. By this charter they were authorised to employ their capital in
+cultivation and sheep farming; to lend money on mortgage and to persons
+engaged in fisheries; to undertake public works on security of tolls:
+but they were debarred from banking and commerce.</p>
+
+<p>Lord Bathurst consulted Colonel Sorell: he was favorable to the company;
+but forwarned them that no large blocks of fertile land remained
+unlocated. The company received a grant of 250,000 acres, to be taken on
+the north-west coast in one square block; bounded by Bass's Strait on
+the north; on the westward by the ocean; and by a line drawn from shore
+to shore. After some debate, this land was valued to the company at two
+shillings and sixpence per acre, and the whole quit-rent charged, was
+"four hundred and sixty-eight pounds, sixteen shillings:" redeemable at
+twenty years purchase&mdash;&pound;9,575. In the measurement, one-fourth allowed
+for useless land. The employment of convicts entitled the company to
+remission of quit-rent; &pound;16 annually each man.</p>
+
+<p>Mr. Edward Curr, at first the secretary of the company, became their
+agent. Having some time resided in Van Diemen's Land, he had returned to
+England, where he published a book on the state of the country,
+remarkable for its clear narrative and sober delineation. The first ship
+dispatched by the company was the <i>Tramnere</i> (1826), followed by the
+<i>Caroline</i>. Some time was lost in selecting the settlement, and Circular
+Head was chosen. On a closer inspection, the district was not found
+encouraging. Near the shore the country is heavily timbered, and the
+high lands towards the westward were found barren and cold. Mr. Curr
+was<span class='pagenum'><a name="Page_111" id="Page_111">[Pg 111]</a></span> anxious to bring his line as far possible towards the sun; but the
+governor held him to the literal agreement, under an impression that the
+grant was already improvident and excessive. The whole scheme was
+distasteful to Arthur: a powerful company having interests of its own,
+whose head-quarters were in London, might have been a counterpoise to
+his influence, had it not been pushed to the extremity of an
+inaccessible country. By the oversight or complaisance of Lord Bathurst,
+the rule which made the outlay of capital the condition of a grant, was
+not inserted in the covenant. The public works promised by the
+proprietors were never undertaken, and their establishment was but a
+larger farm than common. They ultimately obtained several blocks of
+land, which gave them command of an intervening country of 150,000
+acres, at Woolnorth; 20,000 at Circular Head, 10,000 at the Hampshire
+Hills, 10,000 at the Middlesex Plains, 150,000 at the Surrey Hills, and
+10,000 at the islands on the coast. The total actual cost, including
+survey, was 1s. 6d. per acre.</p>
+
+<p>The operations of the company were conducted on a liberal scale:
+artizans were sent out. The proprietors were promised a remission of &pound;16
+for men, and &pound;20 for women, on the quit-rent. This was the first
+encouragement of free emigration to this quarter of the world. A road
+was opened with Launceston, chiefly useful to absconders. The
+importation of sheep and horses of great value, was beneficial to the
+country. The sheep of the company cost &pound;30,000 (1830), when they
+exported wool to the value of &pound;2,000. The servants of the company left
+them on the expiration of their engagements: many before. The reports of
+the proprietors eulogised the management of Mr. Curr, and affirmed that
+the moral influence he had acquired rendered his government easy and his
+people contented. They asserted that ardent spirits were excluded: there
+were no police or prison, and none required. These statements varied
+from fact. The company provided no religious teaching for its people;
+and Mr. Curr, a Roman catholic, could not be expected to promote
+heretical creeds.</p>
+
+<p>The losses sustained by the company were great: the cold destroyed the
+stock, and their crops often perished from moisture. On the Hampshire
+Hills many hundred lambs died in a night. Sometimes the season never
+afforded a chance to use the sickle: in the morning the crop was laden
+with hoar frost, at noon it was drenched with the thaw, and in the
+evening covered with dews; and thus rotted on the<span class='pagenum'><a name="Page_112" id="Page_112">[Pg 112]</a></span> ground. The agent,
+however, did not despair, and the company anticipated a dividend in
+1834, at the latest!</p>
+
+<p>The company provided a numerous staff; beside the agent, were a
+commissioner, an agriculturist, an architect, and surveyors. Its local
+affairs were confided to a council of three, Curr being the chairman;
+but the divided sovereignty was impracticable, and the "Potentate of the
+North," as he was sometimes called, soon reigned alone.</p>
+
+<p>Servants engaged in Great Britain at low wages, on their arrival often
+escaped from the farms, and exposed the agent to great vexation.
+Sometimes they were pursued, and brought back by force: it was at last
+agreed to cancel their indentures, on repayment of the cost of their
+passage. In 1834, the population on the estate amounted to about 400
+persons, of whom more than 200 were prisoners of the crown.</p>
+
+<p>The New South Wales and Van Diemen's Land Establishment, formed at the
+same time, received a grant of 40,000 acres. They engaged to improve the
+stock of Van Diemen's Land, and introduced valuable horses. Colonel
+Latour was a leading partner; Captain Thomas, speared by the blacks in
+1831, was superintendent of the company's affairs, which however were
+unprofitable for many years.</p>
+
+<p>To these establishments the colony is indebted chiefly for the
+introduction of valuable stock. In this they were rivalled by private
+settlers. Bulls, of the Fifeshire breed, were imported by Mr. Patrick
+Wood; of Normandy, by Captain Watson. Saxon sheep were imported by
+Messrs. Gilles; from the flock of the Marquis of Londonderry, by Mr. R.
+Harrison; by Mr. Anstey, from the flock of Sir Thomas Seabright; by Mr.
+R. Willis, from that of Mr. Henty, of Arundel. Many others might be
+mentioned, but these were in advance of the public companies; and by
+1830, little could be added to the varieties of the fold or the stall.</p>
+
+<p>Among those employed in the Van Diemen's Land Company's service was
+Jorgen Jorgenson, whose adventurous life made him remarkable even among
+vagabonds. He was born at Copenhagen, 1780. After some employment in the
+coal trade, he accompanied the expedition of Flinders; and afterwards,
+as mate on board the <i>Lady Nelson</i>, attended the first party to Risdon.
+Having returned to Europe, and become commander of a privateer in the
+service of his country, he was captured after a smart resistance by the
+British ships <i>Sappho</i> and <i>Clio</i>.</p>
+
+<p>He obtained, while out on his parole, the merchant ship<span class='pagenum'><a name="Page_113" id="Page_113">[Pg 113]</a></span> <i>Margaret and
+Anne</i>, to carry provisions to Iceland, where the people were suffering
+extreme privation. On a second voyage the governor, Count Tramp,
+prohibited the intercourse: Jorgenson landed while the people were at
+church, and aided by his seamen took the governor prisoner. He then,
+with extraordinary impudence, issued a proclamation stating that he had
+been called by an oppressed people to assume the reins of government. He
+proceeded to reform its various departments: he lightened the taxes,
+augmented the pay of the clergy, improved the system of education,
+established trial by jury, formed an army consisting of eight soldiers,
+and fortified the harbour with six guns. Having performed these
+exploits, he returned to London in a prize taken from the island. His
+proceedings were already known to the ministry, and he was arrested as
+an alien at large. Jorgenson made no small stir by his appearance among
+legislators and conquerors. After a variety of adventures, in which he
+was often on the borders of crime, he pawned the linen taken from his
+lodging, and was sentenced to transportation. In Newgate he was employed
+as a dispenser of medicine. After four years detention he was released;
+but was retaken, having neglected to quit Great Britain, and transported
+for life. Such is the account he gave of his imprisonment. The penalty
+might have been commuted; but he undertook to write on various subjects,
+and created some trouble; he was therefore forwarded to this colony.
+Here he was chiefly employed as a constable; detected many crimes, and
+brought several to the scaffold. A woman, who had assisted him in
+discovering certain offenders, became his wife; and he was often seen
+fleeing from her fury through the streets. He, however, survived her,
+and at length closed his singular career in the colonial hospital.</p>
+
+<p>Jorgenson made great pretensions to literature. He wrote a treatise on
+religion, and another on the treaty of Tilsit: in this country he
+published a pamphlet on the funded system, and a narrative of his life
+by himself. With a knowledge of the writer, it is amusing to read the
+grave strictures of the London critics, who complained that he bounded
+with amazing rapidity from one subject to another, without leaving a
+trace of his track: now among the stars&mdash;then on a steam engine chasing
+infidelity&mdash;or pelting atheism with meteoric stones.<span class='pagenum'><a name="Page_114" id="Page_114">[Pg 114]</a></span><a name="FNanchor_148_148" id="FNanchor_148_148"></a><a href="#Footnote_148_148" class="fnanchor">[148]</a></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_148_148" id="Footnote_148_148"></a><a href="#FNanchor_148_148"><span class="label">[148]</span></a> Of the fitness of Jorgenson to discuss theological
+questions, the reader may judge from the following passage taken from
+his preface:&mdash;"No religion on earth, except the Christian, establishes
+the link of the chain which must necessarily exist between the creator
+and intelligent creature. After consulting history, chronology, the laws
+of mechanism and the laws of nature, as unfolded by observation and
+experience, he discovered that events must have happened nearly at the
+time mentioned, and precisely after the manner described. At length his
+mind was satisfied, that God had made our yoke easy and our burden
+light."&mdash;<i>Religion of Christ the Religion of Nature.</i> Written in the
+condemned cells of Newgate, by Jorgen Jorgenson, late governor of
+Iceland. Capes, London, 1827.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IVb" id="SECTION_IVb"></a>SECTION IV</h3>
+
+
+<p>The retirement of Lord Bathurst, and accession of Lord Goderich, gave
+some hope of a change in the form, if not the agents of government. The
+colonist expected much from the improved tone of the English executive;
+but, except the rescue of the press, the sole effect was a reduction of
+British expenditure for the civil government, and in 1827 its total
+cessation.</p>
+
+<p>Mr. Hood, a surgeon on half-pay, had offended Arthur by a letter: a
+<i>Gazette</i> announcement informed him that he was placed under a ban;<a name="FNanchor_149_149" id="FNanchor_149_149"></a><a href="#Footnote_149_149" class="fnanchor">[149]</a>
+and his name recorded, to prevent his participating in the "favors or
+indulgencies of the local government"&mdash;a help to official remembrance,
+which rulers seldom require. Thus official and opposition parties were
+organised: as the distinction became more marked, a social gloom
+overspread the capital. Whispers were heard with jealousy. The
+mercantile class, who alone could defy the government, and who were
+excluded from the "court circles," headed the opposition. "The official
+corps," said a satirical lady, who drew a picture of the times, "are
+punctilious; fearful of compromising their rank; all <i>etiquette</i>." The
+entertainments at government-house were ceremonies, rather than parties
+of pleasure. As the servant opened the door, he seemed to say, "you may
+come in, but don't speak." Some more daring spirit would venture a
+remark, as ballast is thrown out to send a balloon above the fogs; but
+caution, like Sancho's physician, interdicted the perilous indulgence,
+and restored the watchful silence. No Dutchman would willingly endure
+the Humdrumstadt on the Derwent, notwithstanding its natural advantages
+and commercial promise&mdash;a town without a library, and where the common
+spirit of detraction was exasperated by competition for those favors the
+governor could refuse or<span class='pagenum'><a name="Page_115" id="Page_115">[Pg 115]</a></span> transfer. The presence of power was everywhere
+felt, and dreaded wherever it could not be defied.<a name="FNanchor_150_150" id="FNanchor_150_150"></a><a href="#Footnote_150_150" class="fnanchor">[150]</a></p>
+
+<p>The close connection and constant intercourse between New South Wales
+and Van Diemen's Land affected the spirit of both governments. Sir
+Thomas Brisbane, whose easy temper and courteous manner rendered him
+highly popular, was superseded by Lieutenant-General Sir Ralph Darling,
+whose administration after the first few months was a perpetual storm.
+The chief justice, inclined to liberal politics, rejected several drafts
+of laws which trespassed on the limits of the constitutional act, which
+he himself had framed at the request of Lord Bathurst. At his dictation,
+the ordinance against the press was less stringent than intended. The
+titles of land, the property of masters in assigned labor, he determined
+against the government. He was considered the tribune of the people.
+Judge Forbes, a Bermudian by birth, was educated in an American college,
+and charged with republican tendencies by those who designed to degrade
+him.<a name="FNanchor_151_151" id="FNanchor_151_151"></a><a href="#Footnote_151_151" class="fnanchor">[151]</a></p>
+
+<p>Brisbane was the patron of the turf club. This office was accepted by
+Darling as his successor. He was invited to dine with the members: this
+he declined. Mr. Wentworth, as chairman of the day, made certain
+observations thought personally disrespectful; and when the governor's
+health was proposed, the band struck up, without orders from the
+stewards, "<i>There is na luck about the house</i>." Darling, informed of
+these proceedings, withdrew his name as patron. The club passed
+resolutions declaring their approval of Mr. Wentworth's speech. The
+governor dismissed the acting attorney general (Moore), the sheriff
+(Mackarness), and other officials, for their concurrence with the
+majority.</p>
+
+<p>Two soldiers, Thompson and Sudds, to escape from the service, committed
+a theft, and received a sentence in the supreme court. To aggravate its
+rigour, Darling brought them on parade: stripped them of their uniform,
+fixed round their necks collars set with spikes, and loaded their legs
+with chains. In a few days Sudds languished and died: this result, so
+unexpected, was attributed in part to a latent disease of the liver,
+rendered fatal by grief and the pressure of the iron. The affair became
+the subject of parliamentary inquiry. Darling was accused of murder by
+his enemies: he was vindicated by ministers; but although his motives<span class='pagenum'><a name="Page_116" id="Page_116">[Pg 116]</a></span>
+were uncorrupt, an arbitrary aggravation of a judicial sentence who
+would seriously approve?</p>
+
+<p>These transactions, together with the "Stamp Act" to check the
+circulation of newspapers, were noticed in the <i>Australian</i> (May, 1827)
+in terms of ironical praise; severe, but not beyond the ordinary license
+of public discussion. On the arrival of Mr. Baxter, the attorney
+general, the proprietor, Dr. Wardell, was prosecuted in the supreme
+court, at the instance of General Darling. Judge Forbes pointed out the
+violent straining of the inuendos, and through his charge led on to an
+acquittal. Although chosen by the prosecutor, the jury were unable to
+agree, and the defendant was discharged. The alleged libel stated that
+the stamp act "would immortalise" General Darling "in the annals of this
+rapidly improving colony, and act as a passport to the admiration and
+grateful respect of posterity." The meaning extracted by the inuendos
+was this: "It would render his memory for ever infamous, and cause his
+name to be hated and detested by future generations." The judge justly
+remarked, that between immortality and infamy there are many steps.</p>
+
+<p>The struggles between the governor-in-chief and the opposition were
+watched in Van Diemen's Land with interest. The same parties existed in
+both colonies; but Judge Pedder did not participate the political
+sympathies of Judge Forbes, and made no pretence to popular applause. To
+those who check the abuses of irresponsible power something is due; but
+when the balance of human infirmity is struck, it will not be always
+found in their favor.<a name="FNanchor_152_152" id="FNanchor_152_152"></a><a href="#Footnote_152_152" class="fnanchor">[152]</a></p>
+
+<p>The employment of spies has been charged on Arthur as a chief vice of
+his government&mdash;a practice hardly less perilous to the innocent than
+guilty. Shortly before his retirement from office, Mr. Humphrey, the
+police magistrate, was denounced for corruption. Major Honner, who had
+formed a disgraceful connexion with Anne Pope, a prisoner of the crown,
+applied for her assignment to his service: this Mr. Humphrey refused.
+The major then offered to produce evidence against this officer, on
+condition that free pardons were granted to his witnesses, one of whom
+was found to be his paramour. The governor declined to pledge a reward;
+but Honner was assured by a member of the executive that, provided the
+results were satisfactory, his recommendation would be favorably
+considered. He for<span class='pagenum'><a name="Page_117" id="Page_117">[Pg 117]</a></span>warded a letter to the governor, who satisfied that
+the imputation was malicious and incapable of proof, directed the
+prosecution of the accuser. The transaction was unfortunate: the
+negociation indicated that secret informers were tolerated, and that
+pardons might be procured by a successful witness.</p>
+
+<p>Mr. Humphrey, originally a mineralogist, who filled various offices from
+the foundation of the colony, received a pension of &pound;400; but soon after
+died (1829). The governor eulogised in strong language his official
+career.</p>
+
+<p>The recall of Arthur was announced, and the policy of his successor
+gravely debated before his career was midway. "It is a fact," said the
+<i>Sydney Gazette</i>, "Colonel Davies is the distinguished individual." "The
+successor of Colonel Arthur," said the <i>Australian</i> (1829), "is placed
+beyond doubt. The appointment of Colonel Gibbs is now certain."
+Clergymen of such names emigrated about the time, and rumour could
+easily supply the rest.</p>
+
+<p>When the constitutional act approached its term, the colonists
+determined to seek not only for trial by jury, but a voice in the
+legislature. A petition adopted by a meeting held in 1827, was confided
+to a deputation, who were instructed to forward it through Arthur, and
+to entreat his concurrence with its prayer. A time was fixed to receive
+them; but when at the government-house, they were met by a blundering
+message, postponing the interview for one hour. Deeming themselves and
+their constituents slighted, they declined a second attendance. Arthur
+published a vindication of himself: he stated that business of great
+importance with Mr. Curr, prevented his examination of the documents; he
+had requested the delay only to prepare himself for the audience, and
+regretted that the colony were deprived of his friendly offices by an
+unreasonable caprice. This paper fell into the hands of the deputation a
+few hours after the vessel had sailed with despatches for the secretary
+of state. They considered this a man&oelig;uvre, contrived to stifle their
+defence; and instantly dispatched a fast sailing boat to pursue the ship
+with an exculpatory letter.</p>
+
+<p>By a circular of Lord Bathurst,<a name="FNanchor_153_153" id="FNanchor_153_153"></a><a href="#Footnote_153_153" class="fnanchor">[153]</a> still in force, it was announced to
+the colonists that their complaints must pass through the governor's
+hands to the home-office. Duplicates without new matter might be
+forwarded by other channels;<span class='pagenum'><a name="Page_118" id="Page_118">[Pg 118]</a></span> but an answer could only be expected on
+the arrival of the governor's report.</p>
+
+<p>The violation of this rule the deputation imputed to the necessity of
+the case; to counteract an attempt of the governor to evade its spirit.
+Their promptitude was unavailing: for his share in the transaction, the
+name of Mr. Gellibrand was expunged from the list of magistrates, by
+Lord Goderich's orders.</p>
+
+<p>The hostility of Arthur to the petition was well understood, and there
+were many others who did not sympathise with its object. Sir John Owen
+presented it to the Commons without a word. The ministers expressed
+their desire to grant free institutions, so soon as the colony was ripe
+to enjoy them, when Mr. A. Baring (Lord Ashburton) remarked that
+colonies are never ripe for free institutions until they get them.</p>
+
+<p>Mr. Marshall, the shipping agent, attempted to form an association in
+London (1828), for the protection of these colonies. All persons,
+commercially or otherwise interested, were eligible for membership. A
+correspondence was projected with the leading colonists, and it was
+assumed the British government would readily attend to representations
+emanating from such a source. The scheme did not obtain the support it
+merited, and the scattered colonial interests could never be combined
+for a joint action. The partizans of Arthur ridiculed the plan, and it
+came to nothing.</p>
+
+<p>The constitutional act, which became law, July 25, 1828, to terminate
+1836, but extended until now, differs in many of its provisions from the
+last. The governor is president, and has a deliberative and casting
+vote. The council is increased from five or seven to ten or fifteen; the
+oath of secresy is abolished; drafts of acts are <i>gazetted</i>; a law
+cannot be made by the crown or the governor alone; two-thirds of the
+council must be present; although previous duties are confirmed, no new
+tax can be imposed except for local purposes expressed in the bill;
+ordinances must be conformable to English laws; all statutes in
+operation at the date of the act were applied to the colony, all others
+may be adopted. A member may draft a bill, which the governor must lay,
+<i>verbatim</i>, on the council table, with his reasons for refusing to
+propose it. A member may record his protest, and a majority is necessary
+to pass a measure. The members are appointed by the crown, and vacancies
+are filled up by the governor: they must be resident; <i>ex-officio</i> they
+are magistrates. The preliminary certificate of the chief justice,<span class='pagenum'><a name="Page_119" id="Page_119">[Pg 119]</a></span>
+required by the former act, is substituted by another clause, which
+compels the council to reconsider a bill declared by the judge repugnant
+to the laws of England, or the act constituting the council.</p>
+
+<p>The British legislature, in criminal cases, establishes a military jury
+alone: challenge is allowed for direct interests, and magistrates may
+act in default of commissioned officers; but in civil actions assessors
+are continued. But the local council is authorised to institute trial by
+jury, under such limitations as may be deemed meet. It is under this act
+of parliament that the colony has seen the jury-box delivered up to
+civilians; but awaits the hour which the law itself foretells, when in
+recognising the ancient principle of representation it records the
+purpose of resuming it, "so soon as the cause shall cease to operate
+which had forbidden its immediate observance."<a name="FNanchor_154_154" id="FNanchor_154_154"></a><a href="#Footnote_154_154" class="fnanchor">[154]</a></p>
+
+<p>In transmitting this bill, Sir George Murray explained that by the
+clause which superseded the veto of the chief justice, it was intended
+to avoid a collision of opinion between the high functionaries of
+government. Nothing, however, but the most urgent necessity would
+justify the governor in setting aside his opinion.<a name="FNanchor_155_155" id="FNanchor_155_155"></a><a href="#Footnote_155_155" class="fnanchor">[155]</a></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_149_149" id="Footnote_149_149"></a><a href="#FNanchor_149_149"><span class="label">[149]</span></a> April, 1826.</p></div>
+
+<div class="footnote"><p><a name="Footnote_150_150" id="Footnote_150_150"></a><a href="#FNanchor_150_150"><span class="label">[150]</span></a> <i>Letter from a Lady</i> (Mrs. Adey), inserted in the
+<i>Morning Herald</i>, 1827.</p></div>
+
+<div class="footnote"><p><a name="Footnote_151_151" id="Footnote_151_151"></a><a href="#FNanchor_151_151"><span class="label">[151]</span></a> <i>Mudie's Felonry of New South Wales</i>, p. 52.</p></div>
+
+<div class="footnote"><p><a name="Footnote_152_152" id="Footnote_152_152"></a><a href="#FNanchor_152_152"><span class="label">[152]</span></a> Dr. Wardell was murdered some years after by
+bushrangers.</p></div>
+
+<div class="footnote"><p><a name="Footnote_153_153" id="Footnote_153_153"></a><a href="#FNanchor_153_153"><span class="label">[153]</span></a> May 20th, 1826.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_Vb" id="SECTION_Vb"></a>SECTION V</h3>
+
+
+<p>Under the former act, the attorney general could refuse to file a bill,
+and exercised this discretion in a case of libel. The new law authorised
+the court to permit an information to be exhibited by any person, and
+the attorney general was bound to indict, except in felony or capital
+prosecutions. Mr. Jennings, a solicitor, claimed the interference of the
+court against the attorney general, Mr. Montagu. Savery, who was
+transported for forgery, was sued for a debt; but Mr. Montagu, who had
+been a passenger with the debtor's wife, and felt interested in his
+welfare, stayed proceedings by verbal guarantee. When Jennings attempted
+to enforce the agreement, Montagu replied that he was more to be
+affected by the sun than the wind; and added, "I know<span class='pagenum'><a name="Page_120" id="Page_120">[Pg 120]</a></span> how to defend
+myself against a person ten times more able or wicked than yourself."
+The judge decided that the attorney general was not bound to sign a bill
+of indictment against, or to prosecute himself.</p>
+
+<p>The indemnity due on a returned bill of exchange was decided by the
+court (1826), on a friendly suit, Cartwright <i>v.</i> Mulgrave, at the
+expense of the merchants. It was deemed proper to give a high
+compensation, both to solace for disappointment, and discourage a
+careless issue of bills. The plaintiff paid &pound;112 currency for &pound;100
+sterling, calculating that &pound;120 currency would be required in London for
+the &pound;100 sterling. The assessors fixed 25 per cent. to cover all losses,
+and the sum has been allowed by the supreme court on all similar cases
+to this day.</p>
+
+<p>Captain Dillon, of the <i>Research</i>, East India Company's ship, the
+discoverer of the relics of La Perouse, visited Hobart Town. He was
+prosecuted for assault and false imprisonment by Dr. Tytler, a gentleman
+commissioned by the Asiatic Society to conduct the scientific enquiries
+the voyage might favor. He was seized, confined to his cabin, threatened
+with the lash, and guarded by New Zealand savages, among whom were two,
+called by Dillon Prince Brian Boru, and his Excellency Morgan M'Murrah,
+who espoused the quarrel of the captain, and offered to grill and eat
+the unfortunate physician. The jealousy and violence of Dillon strongly
+indicated insanity, and Dr. Tytler represented his fears to the second
+in command. This opinion became known to the captain, and led to the
+assault and imprisonment, from which the doctor was released by a writ
+of <i>habeas corpus</i>. The chief justice, in pronouncing judgment,
+explained the absolute power and stringent responsibility of a captain
+in the management of his company, and sentenced Dillon to fine and
+imprisonment: the latter was remitted, in consideration of his
+enterprise.</p>
+
+<p>The public treasury was robbed of &pound;1,400 (1827). The thieves entered at
+night, while the sentinel was on guard, and the rifled chest was found
+hidden under a tomb in the adjacent burial ground. Three persons, and
+the sentinel, were tried for the offence; but on the second day, the
+crown prosecutor was not in his place. This truant lawyer was enjoying a
+breakfast, while the court and prisoners were watching the door of
+entrance. The patience of the judge gave way, and he directed a verdict
+of "not guilty" to be entered. The crown relieved the treasurer from his
+responsibility for the loss.<span class='pagenum'><a name="Page_121" id="Page_121">[Pg 121]</a></span></p>
+
+<p>The case of Isaac (Ikey) Solomon, a noted receiver, occasioned a long
+discussion of great colonial interest. This man having been committed
+for trial, escaped from Newgate; but his wife, implicated in the same
+transaction, was transported. A short time after, he appeared in Van
+Diemen's Land, under the name of Sloman, and applied for his wife as an
+assigned servant: to this the governor consented, but transmitted to
+England an account of his presence. Towards the close of 1829, a letter,
+enclosing an affidavit of Mr. Wontner, the governor of Newgate, was
+addressed by the secretary of state to the governor, directing the
+arrest of the fugitive. A consultation was held at the secretary's
+office, to which Mr. Gellibrand was invited, who declared that the
+instruments forwarded were insufficient. A warrant, however, was issued
+for Solomon's capture, and he was lodged in gaol. On the application of
+Mr. Gellibrand, the supreme court granted a writ of <i>habeas corpus</i>, and
+the question arose whether a colonial secretary had power to act under
+instructions from the secretary of state, and without examination
+transmit a person, on a presumption of guilt, over half the globe. The
+judge admitted that the boasted liberty of the subject would be a
+delusion, were such powers vested in the local authorities. After a
+lengthened research and repeated hearing, he was unable to find a
+precedent, or to solve the difficulty of a case so new.</p>
+
+<p>Mr. Montagu, the attorney-general, maintained that the writ had been
+improperly granted; that on the face of the warrant there was no
+illegality. The chief justice, however, was dissatisfied, and desired
+proof that the secretary of state could grant a warrant without sworn
+testimony in cases of felony, and that Mr. Burnett, the colonial
+secretary, possessed the same powers. Mr. Montagu, who had recently
+suffered ill health, refused to argue the question; and to the complaint
+of the bench replied with asperity. The chief justice still urged that
+he had received no assistance on the part of the crown. Montagu
+rejoined, that speaking not as attorney general, but as an advocate, he
+repelled such assertions. "I will not," said he, "allow your honor, or
+any man in Christendom, to dare to make such observations without
+repelling them." The caution of the chief justice was extremely
+gratifying to the colony. The arrest went to the foundation of personal
+freedom, and assumed a power capable of great error and perversion.</p>
+
+<p>In this case there was no danger of mistake; and the governor, having no
+doubt of the prisoner's guilt, deter<span class='pagenum'><a name="Page_122" id="Page_122">[Pg 122]</a></span>mined he should not escape: Mr.
+Capon, the chief constable, cut the knot by putting Solomon on board a
+vessel, and conveying him to England. The adventure was barely
+successful; Solomon was acquitted on the greater part of the
+indictments. The legal claim of parties to the plunder found on his
+premises could not be established, except by his conviction.</p>
+
+<p>On a trial of Salmon and Browne, for a murder at Macquarie Harbour
+(1829), a military jury exhibited that institution in no pleasing form.
+They disagreed on their verdict. Lieutenant Matheson conceiving that the
+facts did not sustain the indictment, declined to convict. His co-jurors
+were unanimous; and after three days and nights resistance he submitted.
+On the Saturday evening the men were sentenced, and executed on the
+Monday following. Their confession left no doubt of their guilt: they
+had committed murder that they might escape from misery; but they
+asserted that the principal was Browne, and the accessory Salmon&mdash;the
+reverse of the indictment. During their long consultation the jurors
+were allowed refreshment; but on the Friday evening several resolved to
+elope: at a late hour they broke past the astonished constables, and
+returned to their homes. They were, however, recalled by the sheriff,
+and kept under stricter watch until the trial ended.</p>
+
+<p>Amusements of the turf, officially patronised in other countries, were
+discouraged in this. From an early date, occasional matches were made
+for large stakes; but in 1827, races were regularly established at Ross.
+The course was lined off, a stand erected, in which about fifty well
+dressed persons were spectators. The riders were equipped in different
+colored clothing, and as they darted along, obscured at intervals by
+foliage, the scene was picturesque and animated. A race was contested by
+Messrs. Gregson and Hardwicke, which the latter lost. A public dinner
+followed; but the waiter was blindfolded, and his pudding stolen as he
+entered the tent. The hats and coats disappeared; and one cavalier was
+robbed of his boots. "These things," said the reporter, "are fraught
+with discomfort, and disgraceful in themselves:" an opinion which time
+has not shaken.</p>
+
+<p>Arthur probably had no great taste for such pleasures; but he ascribed
+his unwillingness to support them, to their tendency to excite the
+prisoner population, and seduce them into disobedience and crime. No
+regulations or punishments could hinder their haunting the tents, or
+deter them from intemperance and consequent miseries.<span class='pagenum'><a name="Page_123" id="Page_123">[Pg 123]</a></span></p>
+
+<p>Happily dissention disappeared in the presence of distress. Arthur's
+name is on the list of subscription for the family of Captain Laughton,
+who having lost his property by shipwreck and fraud, was drowned on the
+coast. Governor Arthur gave twenty guineas, and thus fixed the high
+scale of colonial benevolence, which no vicissitude of public affairs
+has abated.</p>
+
+<p>The largest private subscriber was Captain Carne, of the <i>Cumberland</i>;
+not less unfortunate than Laughton. When no tidings were heard of the
+vessel, it was supposed she had foundered; but in the year 1828, Captain
+Duthie, of the <i>Bengal Merchant</i>, threw light on her fate. He had found
+the <i>Clarinda</i>, Captain Crew, at Rio, who had been boarded in lat. 8&deg; S.
+The pirates chained him to the deck while they robbed the vessel: he saw
+a bucket, on which he could trace the word <i>Cumberland</i>. Some of the
+pirates proposed that Crew should walk the plank, but were resisted by
+the Captain. A little black boy, shipped by the <i>Clarinda</i> at the Cape
+de Verde Island, remembered the pirate vessel as often seen in that
+port.</p>
+
+<p>In what form the <i>Cumberland</i> perished is not certainly known. Pirates
+executed in England for other crimes, were supposed to be guilty of
+this: more than a hundred and fifty persons perished by their violence.
+Some they cut down, and others they cast overboard. They were driven to
+the port of Cadiz by a storm, and attempting to negociate a bill they
+were detected. A ship of war conveyed them to Gibraltar, where several
+suffered; others were forwarded to England, and condemned there. The
+story of the capture was long a standing topic in the unarmed
+merchantmen that passed her track. As the emigrant, even now, approaches
+the supposed latitude, he hears with bated breath the fate of the
+<i>Cumberland</i>, whenever a strange sail darkens the horizon.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_154_154" id="Footnote_154_154"></a><a href="#FNanchor_154_154"><span class="label">[154]</span></a> <i>Report of the Lords of the Council</i>, May, 1849.</p></div>
+
+<div class="footnote"><p><a name="Footnote_155_155" id="Footnote_155_155"></a><a href="#FNanchor_155_155"><span class="label">[155]</span></a> Despatch, 1828.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_VIb" id="SECTION_VIb"></a>SECTION VI</h3>
+
+
+<p>Attempts were made in the county of Cornwall to form a collegiate
+institution, for the education of youth and the advancement of science
+(1826). It was proposed to erect buildings, to govern the college by a
+directory of patrons,<span class='pagenum'><a name="Page_124" id="Page_124">[Pg 124]</a></span> and to establish a public library and lecture
+room. For these purposes a fund was contributed: twenty-four persons
+subscribed &pound;50 each on the spot. A commencement was made at Norfolk
+Plains; but the project failed, and sunk into a private academy.</p>
+
+<p>In 1828, the government determined to establish a school at New Norfolk,
+called the "King's Grammar School." The members of the government were
+the board of guardians: the master was in holy orders. This effort was
+also frustrated. Such attempts were not, however, lost: they were in
+reality, not only the pledges but the causes of final success.</p>
+
+<p>But the establishment of the King's Orphan School (1828) was successful.
+It was chiefly designed for the numerous children whose parents were
+unable to support them, who had deserted, or who were dead. It was
+placed under the guidance of a committee, and afforded protection to
+many children who must have sunk under the influence of a vicious
+example. In this island the fatherless have found mercy. In the absence
+of natural ties, the settlers have often displayed a parental tenderness
+in educating the children of the outcast and the stranger.</p>
+
+<p>The public institutions which multiplied at this period, tended to
+mitigate the spirit of party. In 1826, several master tradesmen met to
+project a mechanics' institute. In 1827, they called a meeting of the
+inhabitants, who having chosen Mr. Gellibrand their chairman, organised
+the institution: the governor was invited to be patron, the chief
+justice was chosen president, and Mr. James Wood appointed secretary.
+Dr. James Ross, called the "Birkbeck of Tasmania," delivered the first
+lecture (July 17), on the science of mechanics. The second, on
+astronomy, by Mr. Gellibrand, senior: Mr. Hackett, on steam engines; Mr.
+Giblin, senior, on astronomy; and Dr. Turnbull, on chemistry, completed
+the course. Mr. James Thomson gave lessons in geometry to a youthful
+class. These efforts languished during the absence of the secretary in
+Great Britain; but in September, 1829, the former lecturers reappeared:
+contributions were increased, and a library and apparatus were obtained
+from England. In 1830, two hundred members were enrolled, and the
+institution was promoted by all classes of society.</p>
+
+<p>Among its supporters, Dr. James Ross occupied the first place: a man
+whose name will be ever mentioned with respect. His political career
+does not receive or deserve unqualified praise: as a partizan of Arthur,
+he sometimes<span class='pagenum'><a name="Page_125" id="Page_125">[Pg 125]</a></span> sanctioned by his pen what it is difficult to vindicate;
+but he contributed to the intellectual advancement and external
+reputation of the colony, beyond any person of his day. Dr. Ross was the
+son of a Scotch advocate: educated at Aberdeen University, and some time
+employed as a planter in Grenada, where he became an advocate of negro
+freedom. He afterwards established a school at Sevenoaks, Kent; but his
+family kept pace with his fortunes. He determined to emigrate, and
+arrived in Van Diemen's Land in 1822. Some error in the shipment of his
+goods, upon the schedule of which he claimed 2,560 acres, deprived him
+of one-half. He chose his location on the Shannon, and called his
+cottage the "Hermitage." Here he was vexed with the incursions of
+cattle, the perfidy of his servants, the dread of bushrangers, and the
+visits of the blacks; and he willingly accepted the office of government
+printer, which Mr. Bent had lost. The <i>Courier</i>, his newspaper,
+patronised by the governor, obtained a large circulation, and in 1830
+published 750 copies. He wrote with great facility and copiousness. In a
+letter to a friend, he said&mdash;"I write my articles, engrave my vignettes,
+set the types, adjust the press. Sometimes I set up a few lines myself,
+and dictate at the same time to one or two of my compositors. Sometimes
+I write three lines of a sentence for one, three lines of a sentence for
+another. I teach my own children, nine in all, at the same time that I
+write paragraphs."<a name="FNanchor_156_156" id="FNanchor_156_156"></a><a href="#Footnote_156_156" class="fnanchor">[156]</a></p>
+
+<p>A genial spirit, except when troubled by political anger, usually
+sparkles in the writings of Dr. Ross, and in such case they are rather
+unfair than bitter. Wherever Arthur disliked, Ross opposed. He denounced
+the emigration of the poor, and Archbishop Whately charged him with
+baseness, in supporting the penal system of transportation; but no
+colonist would question his sincerity. Dr. Ross retired from his
+literary labors in 1837, and not long after closed his earthly toils. In
+his last address to the public, he said, "independence of spirit has
+been my motto; freedom my watchword; the happiness of my fellow-men my
+object; and the truth of our religion my buckler and consolation." Such
+was his account of himself; and may be left as his merited eulogium to
+posterity.</p>
+
+<p>A hand-bill, published during the heat of a political quarrel, from the
+head-quarters of his foes, is a curious specimen of party spleen, and
+may be taken as the set-off to<span class='pagenum'><a name="Page_126" id="Page_126">[Pg 126]</a></span> his own:&mdash;"Here lieth the body of James
+Ross, printer: formerly a negro driver: who spent the remainder of his
+days in advocating the cause of torture, triangles, and the gallows."
+Then follow couplets, among which are these:&mdash;</p>
+
+<p>
+"Beneath this sod, mark reader, as you pass<br />
+<span style="margin-left: 0.5em;">The carcase buried of a great jack-ass:</span><br />
+<span style="margin-left: 0.5em;">Perfidious, smiling, fawning, cringing slave,</span><br />
+<span style="margin-left: 0.5em;">Hell holds his spirit, and his flesh this grave.</span><br />
+<span style="margin-left: 0.5em;">Corruption revels in a kindred soil:</span><br />
+<span style="margin-left: 0.5em;">A carcase fatted on an island's spoil!"</span><br />
+</p>
+
+<p>An association, with objects more extensive and more ambitious in
+organisation, was projected by John Henderson, Esq., a surgeon, from
+Calcutta (1829). It was denominated the "Van Diemen's Land Society." The
+members proposed to collect and diffuse information respecting the
+natural history, produce, mineral worth, statistics, condition, and
+capabilities of Van Diemen's Land. The governor accepted the office of
+patron of the society, and its establishment was celebrated by a public
+banquet. In his account of the institution, the founder and president
+relates that, although it enrolled the heads of departments and the most
+respectable settlers,<a name="FNanchor_157_157" id="FNanchor_157_157"></a><a href="#Footnote_157_157" class="fnanchor">[157]</a> he found himself surrounded by spectators
+rather than coadjutors; who, in the absence of "selfish interests" and
+personal advantage, could not be stimulated to toil. Dr. Henderson,
+whatever his science, was disqualified by his censorious dogmatism, to
+rule. His work was an outline of projects, which entered into every
+imaginable department of political economy, and contemplated a social
+revolution. On religion, his ideas were scarcely Christian: he combined
+the Brahmin and the Socialist.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_156_156" id="Footnote_156_156"></a><a href="#FNanchor_156_156"><span class="label">[156]</span></a> <i>Penny Magazine</i>, April, 1832.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_VIIb" id="SECTION_VIIb"></a>SECTION VII</h3>
+
+
+<p>The charter of the Van Diemen's Land Bank having expired, it became a
+joint stock company, and enlarged its capital to &pound;50,000; ten per cent.
+being charged upon discounts. The Tasmanian was a private bank, of which
+the Messrs. Gellibrand were proprietors. The limited business<span class='pagenum'><a name="Page_127" id="Page_127">[Pg 127]</a></span> carried
+large profits, and the purchase of bills, not passed in the regular
+course of discount, then, as afterwards, yielded large returns. The
+Derwent, established chiefly by persons connected with the government,
+was opened for business on 1st January, 1828, with a capital of &pound;20,000.
+At the same time, the Cornwall Bank, with &pound;10,000, was established by
+the merchants of Launceston; and the facility of monetary transactions
+increased on every side. The arrival of considerable investments from
+India, brought rupees into extensive circulation, and they formed a
+great proportion of the current coin.</p>
+
+<p>The large imports of English goods, and the increase of promissory
+notes, alarmed several persons connected with trade. An advertisement,
+signed John Dunn, offered a quantity of shares in the Derwent on liberal
+terms. At a meeting of the shareholders, Mr. Dunn maintained that the
+liabilities of the community were dangerous, and twenty times greater
+than the circulating medium. It was replied, that bills were chiefly
+multiplied by re-sales, and that the cash of the consumer would be
+transmitted through the whole mercantile chain.</p>
+
+<p>The Van Diemen's Land Bank discovered a singular fraud by the cashier in
+1828. Amongst the large accounts, which were unlikely to be drawn, he
+debited the cash which he employed as a private discounter of bills. The
+sudden presentation of an unexpected draft led to an examination, and
+&pound;2,000 were found deficient. The money was refunded, except a trifling
+amount, and prosecution waved.</p>
+
+<p>The interest of the officers of the government in the Derwent Bank
+occasioned complaint. The risks, liabilities, and antipathies of trade,
+were deemed unsuited to their duties. At the governor's request, the
+relation was disguised, but it was not dissolved.</p>
+
+<p>The state of trade at this time wore a deceptive aspect. Dr. Henderson
+reckoned the actual profit of the colony at 1&frac12; per cent., while Mr.
+Prinsep, a barrister, of Calcutta, described every branch of business as
+a path to opulence. In 1829, a merchant sold &pound;1,500 worth of goods at an
+advance of 50 per cent., and a credit over three years bearing 15 per
+cent., amounting to &pound;2,250 in all. A glut sometimes reduced the value of
+merchandise below the London price.</p>
+
+<p>"See, how I am changed!" said Mr. Prinsep. "Amongst all the beauties, I
+am beginning to think none so beautiful as the interests of capital.
+Interests alone on mortgage, with the very best securities, is 15 or 20
+per cent. Invest<span class='pagenum'><a name="Page_128" id="Page_128">[Pg 128]</a></span> your money in wool, and it brings you a return of 50
+per cent. per annum: in the whale-fishery, 100 per cent. Bank dividends
+now paid are 16 per cent. I only brought down a broken-winded Arab or
+two, and their hire pays my current expenses. Money invested in land
+will be ten-fold its original value in fifteen years. &pound;200 will purchase
+a noble property here; &pound;1,000 will buy a fine, healthy, and beautiful
+estate&mdash;two hundred of them already in cultivation. The whole colony is
+on the advance, and its resources remain to be developed." Such was the
+bright picture published in Calcutta. The influx of speculators
+postponed the crisis, and prolonged the delusion.<a name="FNanchor_158_158" id="FNanchor_158_158"></a><a href="#Footnote_158_158" class="fnanchor">[158]</a></p>
+
+<p>The increase of capital, and the opening of cash credits, facilitated
+the operations of the settlers, but tempted many to ruin. The government
+rewarded the rapid improvement of estates, the erection of substantial
+dwellings, farm buildings, and fences, by grants of land in extension.
+To secure the proffered boon the settlers accepted the assistance of
+money-lenders, whose claims at length absorbed the proceeds of their
+toil. During a progress through the colony, the governor visited many
+establishments, and distinguished the enterprising agriculturist with
+special favor. On his return to head-quarters he expressed the pleasure
+his inspection had afforded; and noticed in a public order Mr. Gatenby,
+of the Isis, as a "good old English yeoman," and an example of
+enterprise and skill. Well assured that his Majesty was desirous that
+the character of a plain, upright farmer, should meet with encouragement
+and reward, he added to this settler's grant 1,000 acres.<a name="FNanchor_159_159" id="FNanchor_159_159"></a><a href="#Footnote_159_159" class="fnanchor">[159]</a> The
+"Gatenby farmers" were henceforth noted as a favored class; and many,
+anxious for the same recompense, borrowed, enclosed and improved, until
+they had not a rood of land to call their own.</p>
+
+<p>The most distinguished money-lender was Sheriff Ferreday, whose ordinary
+charge was 35 per cent., or less with ample security. After a few years
+(1834) he returned to Europe, having realised &pound;20,000 by usury. At his
+death, he devised a portion of his wealth to Oxford, to found a
+scholarship. He suffered much vituperation, probably with little
+comparative justice. "His bible," said Mr. Gellibrand, "is his bill
+book, and his gold his god"&mdash;a quotation from Burke, highly relished at
+the time.<span class='pagenum'><a name="Page_129" id="Page_129">[Pg 129]</a></span></p>
+
+<p>The treasury was again robbed in 1832. It was observed the office papers
+were deranged: constables were stationed to watch, and a sentinel was
+placed at the door. The sudden examination of the chest by the governor
+discovered a more serious transaction. It appeared, capital had been
+borrowed from the chest without authority, to the amount of some
+thousands; the money was, however, restored. No public care could
+reclaim these funds from their tendency to escape, and they were not
+deemed sure until out of the custody of the government.</p>
+
+<p>The secretary of state directed the public cash to be deposited with the
+banks. The treasurer was not authorised to retain more than &pound;10,000 of
+paper, and the Van Diemen's Land and Derwent establishments each
+received charge of &pound;10,000 cash. During six years, the revenue had risen
+from &pound;30,000 to &pound;60,000: notwithstanding a very liberal official
+expenditure, the surplus funds (1831) amounted to nearly &pound;40,000.</p>
+
+<p>The interior communication was facilitated both by the business of the
+police and the cheap labor in the hands of the crown. The post of
+Sorell's time was a private speculation, conveyed on foot, afterwards on
+horseback. On the 19th June, 1832, a "cheap and expeditious conveyance,
+to and from Launceston," was announced. The owner, Mr. J. E. Cox, drove
+tandem, at the rate of forty miles a-day: only one passenger was
+accommodated, at a fare of &pound;5. The practicability of the journey was
+then the subject of considerable betting.<a name="FNanchor_160_160" id="FNanchor_160_160"></a><a href="#Footnote_160_160" class="fnanchor">[160]</a></p>
+
+<p>In 1827, and during two following seasons, New South Wales suffered a
+serious drought, which increased in severity. Rivers were exhausted, and
+their beds left dry. Not only the want of rain was felt, but a withering
+blight, travelling in a defined current over the cultivated districts,
+cut off their harvests. In two years the cultivation of wheat in Van
+Diemen's Land increased from twenty to thirty thousand acres, and the
+average price of wheat at Hobart Town was 8s. per bushel. This
+stimulated further production, and tended to avert from Van Diemen's
+Land the distress, which over speculation and scarcity produced in New
+South Wales.</p>
+
+<p>This dearth was followed by two plentiful harvests (1831),<span class='pagenum'><a name="Page_130" id="Page_130">[Pg 130]</a></span> and a
+depression of price. The farmers of New South Wales entreated General
+Darling to establish a corn law, to check importation. In declining the
+project, he attributed the successful competition of this country to the
+superiority of its wheat and facility of transit; and hinted that the
+elder colony was indebted to foreign supplies for its subsistence.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_157_157" id="Footnote_157_157"></a><a href="#FNanchor_157_157"><span class="label">[157]</span></a> <i>Observations on the Colonies of New South Wales and Van
+Diemen's Land.</i> By John Henderson. Calcutta, 1832. p. 5.</p></div>
+
+<div class="footnote"><p><a name="Footnote_158_158" id="Footnote_158_158"></a><a href="#FNanchor_158_158"><span class="label">[158]</span></a> <i>Journal of a Voyage to Van Diemen's Land</i>, p. 108.</p></div>
+
+<div class="footnote"><p><a name="Footnote_159_159" id="Footnote_159_159"></a><a href="#FNanchor_159_159"><span class="label">[159]</span></a> <i>Gazette</i>, March, 1828.</p></div>
+
+<div class="footnote"><p><a name="Footnote_160_160" id="Footnote_160_160"></a><a href="#FNanchor_160_160"><span class="label">[160]</span></a> Until 1832, the post was managed by Mr. Collicott, as a
+private speculation. There were nine post stations. The number of
+newspapers conveyed by post in 1832, was 13,000; in 1833, 102,
+400.&mdash;<i>Montagu's Statistics.</i></p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_VIIIb" id="SECTION_VIIIb"></a>SECTION VIII</h3>
+
+
+<p>The powers of legislation confided to Arthur did not slumber. The
+council which enacted the laws, were chiefly officers of the government,
+and the discussion of measures was conducted in private. Whatever course
+they pursued, was justly ascribed to the governor himself. The early
+ordinances of Arthur added some new burden, or limited some indulgence.
+Their immediate aspect was, therefore, commonly austere and encroaching,
+even when their ultimate consequences were beneficial.</p>
+
+<p>To prevent the clandestine sale of liquors (1827), the council
+authorised a constable, upon a magistrate's warrant, granted on the
+belief of any person that ale, beer, or spirits were sold, to break open
+the house and seize the liquor; and unless the owner could satisfy the
+magistrate, the constable was permitted to stave and destroy the
+vessels. For the sale, not only were heavy penalties imposed, but unless
+paid the offender was liable to perpetual imprisonment; and even appeal
+was prohibited, except the penalty was first paid: one-half to the
+informer. This ordinance was afterwards mitigated.</p>
+
+<p>The penal character of the colony was constantly indicated in the entire
+spirit of legislation. Thus a house could be broken into at night, when
+a person suspected as an absconder was expected to be found there:
+whoever engaged a convict, though in ignorance of his civil condition,
+incurred the penalties of "harboring." Publicans were liable to fines
+for supplying such persons, even with common refreshment. Any man might
+arrest another, whom he chose to fancy a convict at large. These
+deviations from the practices of society in its regular state, were
+occasionally vexatious, but not commonly. The settlers being acquainted
+with each other, and the servants usually known to the<span class='pagenum'><a name="Page_131" id="Page_131">[Pg 131]</a></span> constables,
+prevented those practical evils, otherwise inevitable.</p>
+
+<p>Few colonial enactments have occasioned more vexation than the
+impounding laws. The interests of the grazier and agriculturalist were
+at variance. When the country was parcelled out for cultivation, the
+losses and annoyances of the settlers were severe. Their land unfenced,
+was often suddenly visited by a herd of several hundreds: their crops
+were trodden down, and devoured in a few hours. The invaders when
+alarmed were soon beyond reach. Nor was this the sole mischief: tame
+bullocks, seduced by the interlopers, often joined their flight; many
+days were spent before they were recovered; often they were finally
+lost. The unfortunate farmer, in the most important season, was
+compelled to leave his lonely home, and attended by reluctant laborers
+travel over many a hill and dale in search of the fugitives, with
+sadness of heart.</p>
+
+<p>At the accession of Arthur, the country about the Clyde and Shannon was
+stocked with numerous herds, and from their bulk, the lands on which
+they fed were then called the Plains of Bashan. The herdsmen acquired
+great skill in tracking and driving the cattle. Their stations were in
+advance of the located districts, and opened many fine patches of
+country. Their horsemanship was celebrated: they gallopped amidst the
+trees&mdash;now stooping, now leaning to the right or to the left; avoiding
+obstruction and escaping collision with wonderful agility. They lived a
+half savage life; were the reckless oppressors of the natives; often the
+accomplices of the bushrangers, and accused of many crimes. To brand the
+cattle, they were driven within an enclosure seven feet high, and when
+exhausted by hunger, one man armed with a pole threw a loop round the
+horns, another entangled the legs, and the beast was branded with a
+heated iron; then turned into the woods, or driven to market. Little
+caution respecting the rights of ownership was observed: several were
+capitally convicted, when probably they were careless rather than
+deliberately criminal.</p>
+
+<p>An impounding law was proclaimed by Macquarie in 1820; but cattle being
+often driven to the pound for the sake of the fees, the ordinance was
+relaxed by Sorell. This continued the colonial rule until 1830, when
+Colonel Arthur enacted a more stringent law. The large stockholders were
+great sufferers, and were compelled to reduce their herds and increase
+their expense. The constables often corruptly exercised the great power
+this law gave them: cattle driven<span class='pagenum'><a name="Page_132" id="Page_132">[Pg 132]</a></span> to the most distant pounds were not
+discovered until their expenses were greater than their value.</p>
+
+<p>The larger herds belonged chiefly to gentlemen, of different families,
+but of the name of Lord. In describing their depredations, it was said
+that a party of the E.L.'s, D.L.'s, or the R.L.'s, had made an
+excursion. The complaining farmer was told that he might impound, but
+not maim them; but a troop of horsemen were required for this purpose.</p>
+
+<p>The operation of the law was unequal: the small settler fed his stock on
+the rocks behind his location, where his rich neighbour, who could
+influence the police, was a competitor. Often his stock were never heard
+of until sold, perhaps to the son of the poundkeeper. Many hundred were
+bought for a few shillings each. False claims of damage were set up, and
+a kind of black mail was levied on the settlers to preserve their stock
+from molestation. To protect themselves, many of the more opulent
+settlers obtained the appointment of poundkeepers; and this office was
+held by persons who claimed the highest station in the country. The
+incessant complaints in newspapers of the day, partly prove the severity
+of the regulation. It was, of course, a subject of reproach to the
+government; yet it is certain that, while the injury was partial, the
+principle of the law was sound, and its operation on the whole
+beneficial.</p>
+
+<p>To prevent the increase of dogs, a tax was imposed (1830). The
+aborigines possessed large packs, from fifty to three hundred. On the
+destruction of the aboriginal tribes, these animals escaped, hunted in
+large numbers, and committed great havoc, among the flocks: farmers lost
+five hundred sheep in a season. By a single gripe these wild marauders
+destroyed a sheep, and a few minutes were sufficient to strew the downs
+with dead. A tax was imposed, from 5s. to &pound;1 each. Large establishments
+required many sheep and watch dogs, and the cost amounted to &pound;8 or &pound;10
+per annum. The constables had summary power to destroy canine vagrants
+without collars, in town or country.</p>
+
+<p>The Huskisson Act applied the laws of England to the colony, and thus it
+became a question whether the English interest of 5 per cent. were not
+the limit of lawful usury. The government paid larger amounts on the
+deposits of prisoners, and capital on such terms must have forsaken the
+country; the council, therefore, declared the restriction inoperative.</p>
+
+<p>These ordinances were the subject of endless and angry<span class='pagenum'><a name="Page_133" id="Page_133">[Pg 133]</a></span> discussion. The
+feelings of the community were not carefully consulted, and laws in the
+main useful, were too often pertinaciously encumbered with provisions
+both irritating and needless. The motives of the lawgivers were
+canvassed without reserve. They were supposed to employ their powers to
+facilitate extortion, in the profits of which they were said to share.</p>
+
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IXb" id="SECTION_IXb"></a>SECTION IX</h3>
+
+
+<p>The dignity and independence based on landed wealth, is ever the chief
+allurement of the emigrant. Whatever his rank, he dreams of the day when
+he shall dwell in a mansion planned by himself; survey a wide and
+verdant landscape called after his name; and sit beneath the vineyard
+his own hands planted. To this common ambition the crown directed its
+appeals: acres, by hundreds and thousands, were offered for acceptance.
+The imagination of English readers overleaped a tedious interval of
+labor and disappointment. The generous impulse silenced the voice of
+fear and distrust: they took a last look at the sepulchres of their
+fathers, and came forth to establish their children among the founders
+of nations.</p>
+
+<p>The distribution of waste lands, a most important function of colonial
+governors, has been a source of incessant perplexity and discontent.
+Sometimes they have been granted with ridiculous parsimony, and at
+others with scandalous profusion. Every minister has proposed some
+novelty: the regulations of one year have been abandoned the next, and
+the emigrant who loitered on his way found the system changed, which had
+induced him to set forth.</p>
+
+<p>The stewardship of the royal domain has been liable to difficulties
+peculiar to itself, beside the full average of official injustice and
+corruption.</p>
+
+<p>The endowment of emancipists with land, an American practice,<a name="FNanchor_161_161" id="FNanchor_161_161"></a><a href="#Footnote_161_161" class="fnanchor">[161]</a> was
+unsuccessfully revived in New Holland, and continued until the close of
+Macquarie's administration, when Commissioner Bigge recommended that no
+grant should be less than 320 acres.<span class='pagenum'><a name="Page_134" id="Page_134">[Pg 134]</a></span></p>
+
+<p>Instructions under the sign manual, given to the Governor of New South
+Wales, dated April, 1787, were amplified by others in 1789. To detain
+the convict population, and to provide them a future home, were the
+chief ends proposed. The governor was empowered to shorten their
+sentences, and convey to each man, if single, 30 acres; if married, 50;
+and 10 for every child. The marines who accompanied the first expedition
+were encouraged to settle. The non-commissioned officers received 130;
+if married, 150; and 10 acres for each child. Private soldiers 100, or
+130 acres. These grants were subject to quit-rent of 2s. per 100 acres, deferred for
+five years. The minister, anxious to raise the value of crown land,
+directed reserves to be made between the allotments, of equal extent;
+but the settlers persuaded the governor, or the secretary of state, that
+the intervals favored the assaults of the natives, and the scheme was
+defeated.</p>
+
+<p>The king's instructions made no reference to the superior officers; but
+it was deemed absurd to grant the "greatest gifts of the crown to
+persons who had forfeited their lives," and deny them to gentlemen
+bearing commissions in the army.<a name="FNanchor_162_162" id="FNanchor_162_162"></a><a href="#Footnote_162_162" class="fnanchor">[162]</a> Ensign Cummings accordingly
+received 25 acres! The subsequent donations of governors compensated for
+this modest beginning, and the officers obtained large and valuable
+portions. One governor conferred a considerable grant on his expected
+successor, and was rewarded, when he surrendered the government, with a
+similar boon.<a name="FNanchor_163_163" id="FNanchor_163_163"></a><a href="#Footnote_163_163" class="fnanchor">[163]</a> Macquarie gave Lieutenant-colonel O'Connel and his
+lady 4,555 acres; to John Blaxland, 6,700 acres.<a name="FNanchor_164_164" id="FNanchor_164_164"></a><a href="#Footnote_164_164" class="fnanchor">[164]</a> Sir Thomas
+Brisbane obtained 20,000 acres: 15,000 were given to Mr. Hart Davis.
+These were exceptions to the general rule. Official holders of land were
+interested in preventing extravagant grants, which lessened the
+marketable value of their own.</p>
+
+<p>The survey department, always in arrear, neglected to measure off the
+land, and an order, verbal or written, was deemed a sufficient title.
+Not unfrequently, the applicant changed his choice, and migrated from
+one spot to another. The governor often permitted the issue of rations
+and implements a second time, to enable indolent or insolvent settlers
+to till a second heritage.<a name="FNanchor_165_165" id="FNanchor_165_165"></a><a href="#Footnote_165_165" class="fnanchor">[165]</a> Trade was, however, more agreeable to
+many emancipists than agriculture. The officers located near them were
+willing to purchase their petty<span class='pagenum'><a name="Page_135" id="Page_135">[Pg 135]</a></span> farms: thus the small holdings were
+bought up,<a name="FNanchor_166_166" id="FNanchor_166_166"></a><a href="#Footnote_166_166" class="fnanchor">[166]</a> and the estates of the greater landholders were cleared
+of "lurchers," who preyed on their flocks.<a name="FNanchor_167_167" id="FNanchor_167_167"></a><a href="#Footnote_167_167" class="fnanchor">[167]</a></p>
+
+<p>The small grants of land were productive of much real mischief and
+little benefit. They fell chiefly into the hands of spirit dealers, and
+the government permitted the purchasers to consolidate all such
+acquisitions into one large grant.<a name="FNanchor_168_168" id="FNanchor_168_168"></a><a href="#Footnote_168_168" class="fnanchor">[168]</a></p>
+
+<p>In 1814, Macquarie issued an order threatening the resumption of grants
+for non-residence or alienation. These notices were rather a protest
+than an interdict, and were so understood.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_161_161" id="Footnote_161_161"></a><a href="#FNanchor_161_161"><span class="label">[161]</span></a> <i>Eden's Discourse on Banishment.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_162_162" id="Footnote_162_162"></a><a href="#FNanchor_162_162"><span class="label">[162]</span></a> <i>Collins</i>, vol. i. p. 257.</p></div>
+
+<div class="footnote"><p><a name="Footnote_163_163" id="Footnote_163_163"></a><a href="#FNanchor_163_163"><span class="label">[163]</span></a> <i>Commons Report</i>, 1812.</p></div>
+
+<div class="footnote"><p><a name="Footnote_164_164" id="Footnote_164_164"></a><a href="#FNanchor_164_164"><span class="label">[164]</span></a> <i>Bigge's Report.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_165_165" id="Footnote_165_165"></a><a href="#FNanchor_165_165"><span class="label">[165]</span></a> Ibid.</p></div>
+
+<div class="footnote"><p><a name="Footnote_166_166" id="Footnote_166_166"></a><a href="#FNanchor_166_166"><span class="label">[166]</span></a> "A small farm of 30 acres was now offered to me by Bryan:
+I recommended Mr. Cox (of New South Wales) to buy it, which he did for
+&pound;40; half money and half property. I also purchased for him two others;
+one of 25 acres, and another of 50 acres, from Mr. Hume, for &pound;45;
+another of 30 acres from Thomas Higgins, for &pound;35; and another farm, of
+100 acres, I also purchased for Mr. Cox for &pound;50 and ten gallons of rum.
+I likewise bought another farm of 100 acres from Captain Campbell for
+&pound;100; and of Dr. Thompson, a farm of 100 acres, with twenty-five sheep,
+an old mare, two fillies and a colt, a cow, and a young ox, for &pound;500:
+the stock, when valued, was worth more than the purchase money. Next
+year (1801) I bought John Ramsay's farm of 75 acres, for &pound;40; and then
+Michael Fitzgerald's, with eight large pigs and eighty bushels of maize,
+for &pound;100. I let this farm, ten days after, for &pound;40 per year. I then
+purchased Barrington's (the celebrated pickpocket), 25 acres, an old
+brood mare with a colt at her foot, for &pound;100, and sold the mare a few
+days after for &pound;85. I then bought 50 acres from Edward Elliot, for &pound;100,
+and by these means squared the estate."&mdash;<i>Holt's Memoirs</i>, vol. ii. p.
+137.</p></div>
+
+<div class="footnote"><p><a name="Footnote_167_167" id="Footnote_167_167"></a><a href="#FNanchor_167_167"><span class="label">[167]</span></a> "A lurcher is the lowest order of thieves."&mdash;<i>Holt.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_168_168" id="Footnote_168_168"></a><a href="#FNanchor_168_168"><span class="label">[168]</span></a> <i>Bigge's Report.</i></p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_Xb" id="SECTION_Xb"></a>SECTION X</h3>
+
+
+<p>Van Diemen's Land was divided into counties by Governor King (1805). An
+imaginary line was drawn across the island from east to west midway;
+Buckingham being on the south, and Cornwall on the north. Macquarie made
+sections more minute, by a running survey.</p>
+
+<p>In 1826, letters patent were issued, constituting Edward Dumaresq,
+chief, and Roderick O'Connor and Peter Murdoch, assistant commissioners,
+for the survey and valuation of crown lands. They were instructed in
+delineating counties, hundreds, and parishes, to observe the natural
+boundaries and recognised nominal limits. The parishes were to<span class='pagenum'><a name="Page_136" id="Page_136">[Pg 136]</a></span> contain
+about twenty-five square miles. On this task they were ten years
+employed; but their valuation became available so soon as one parish was
+proclaimed. The names assigned to the various localities are commonly
+welcome to the British ear;<a name="FNanchor_169_169" id="FNanchor_169_169"></a><a href="#Footnote_169_169" class="fnanchor">[169]</a> though occasionally productive of
+confusion.<a name="FNanchor_170_170" id="FNanchor_170_170"></a><a href="#Footnote_170_170" class="fnanchor">[170]</a></p>
+
+<p>The colonial-office published, in 1824, the conditions on which land
+would be granted: the notice contained eighteen clauses, and formed the
+basis of subsequent regulations. The secretary of state, however,
+reserved a discretion in special cases. The parishes were to be
+surveyed, valued, and sold: for cash, at a discount of 10 per cent., or
+credit, at four quarterly instalments. 9,600 acres was the maximum
+allowed one purchaser.</p>
+
+<p>Free grants were offered to emigrant capitalists: not more than 2,650
+acres, nor less than 320; a quit rent of 5 per cent. on the value of the
+land deferred seven years, and redeemable within twenty-five years, at
+twenty years' purchase. One half the value was to be spent in
+improvements, on pain of forfeiture. Additional grants were restricted
+to such as possessed the means of cultivation, and subject to a quit
+rent from the date of issue.</p>
+
+<p>A more ample explanation of the views of the crown issued from
+Downing-street, April 26, 1826. The conditions of sale were the same as
+in the notice of 1824. Purchasers of land were now promised the return
+of their purchase money, conditionally, that during ten years they could
+relieve the crown from an expense ten times its amount, by the
+employment of convicts, rated each &pound;16 annually. One-half this amount
+was offered, in the redemption of quit rents, on the same conditions;
+or, when convicts were not attainable, by expending five times the value
+of the grant, one-<span class='pagenum'><a name="Page_137" id="Page_137">[Pg 137]</a></span>half the quit rent would be extinguished. Grants in
+extension were promised, 2&frac12; per cent. value on improved value of an
+original grant, on which five times its value should be expended; or
+having so improved his first purchase, the settler was permitted to buy
+a second at half price.</p>
+
+<p>By an order published at the Horse-guards, 1826, officers willing to
+emigrate, not under the rank of captain, were permitted to sell their
+commissions; one-third of the price deposited with the crown, to be
+repaid on their arrival, and rated as their capital, gave them a title
+to free grants. In 1827, the convict clause was withdrawn: the settler
+was required to produce &pound;500 capital for each square mile he claimed.</p>
+
+<p>Earl Bathurst suggested to the commander-in-chief, and to the lord
+high-admiral, that it was desirable to promote the settlement of naval
+and military officers in the colonies. Circulars were accordingly issued
+from the Horse-guards and Admiralty, in 1827, stating the terms on which
+free grants might be engaged. Officers of twenty years standing were
+exempted from quit rents; those of fifteen years standing, for twenty
+years; of ten, for fifteen years; and of seven, for ten years. The
+extent of their grant was made to depend on their capital; but they gave
+bonds for residence and non-alienation during seven years, or until,
+upon a grant of 500 acres, valued at 5s., &pound;25 were expended. These
+offers drew a large number of settlers, both civil and military. More
+than five hundred grants, exceeding 500 acres, were issued in four years
+ending 1831.</p>
+
+<p>Fictitious schedules of property were sometimes presented, and persons
+without capital were enabled by monetary loans to deceive the governor.
+Dollars, borrowed for the purpose, were lodged in the banks to the
+credit of an applicant. A considerable breadth, comprehending a
+succession of valuable farms, was parcelled out among several settlers,
+in virtue of a single bag of dollars, hired for the purpose.</p>
+
+<p>The act of parliament<a name="FNanchor_171_171" id="FNanchor_171_171"></a><a href="#Footnote_171_171" class="fnanchor">[171]</a> authorised the subjects of Great Britain to
+visit the settlement of New South Wales "without any license whatever."
+Persons intending to emigrate usually applied to the secretary of state
+for permission, and an order for a grant. Their references being
+satisfactory, they received a letter to the governor, directing that
+land should be given them, proportionate to their "means to bring the
+same into cultivation." For some time, the settlers for this<span class='pagenum'><a name="Page_138" id="Page_138">[Pg 138]</a></span> colony
+were obliged to visit New South Wales, to obtain the requisite
+permission. To avoid the expense and delay, some entered on lands
+provisionally assigned them by the lieutenant-governor; but were in
+danger of being dispossessed by an applicant at head-quarters. To
+obviate these evils, power was conferred on the lieutenant-governor to
+locate such as might arrive. Applications from residents were received
+only at stated periods; and when the herds were exhausted by loans, and
+the stores by the issue of rations, were indefinitely postponed; but
+such as brought orders from the secretary of state, were accommodated at
+once.</p>
+
+<p>The newly-arrived emigrant, distrustful of reports, or ignorant of the
+nature of the country, usually went out in search of a home. He was
+received with hospitality as a guest, but found himself unwelcome as a
+neighbour. Often, after long travel, he would scarcely find a spot
+within an accessible distance unclaimed. "All that is mine!" was the
+common answer to his enquiries. A present of sufficient value removed
+many such obstacles, and gave the wanderer a clue to a desirable resting
+place. Such as were too dull to comprehend this process of discovery,
+often lost much time in unavailing toil.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_169_169" id="Footnote_169_169"></a><a href="#FNanchor_169_169"><span class="label">[169]</span></a>
+</p><p style="text-align: center"><i>Counties in Van Diemen's Land</i>.
+</p>
+<table border="2" cellpadding="4" cellspacing="0" summary="counties">
+<tr><td align="center">Northern.</td><td align="center">Midland.</td><td align="center">Southern.</td></tr>
+<tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Devon,</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Westmoreland,</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Kent,</td></tr>
+<tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Dorset,</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Somerset,</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Buckingham,</td></tr>
+<tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Cornwall.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Glamorgan,</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Pembroke,</td></tr>
+<tr><td>&nbsp;</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Cumberland.</td><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Monmouth.</td></tr>
+</table>
+</div>
+
+<div class="footnote"><p><a name="Footnote_170_170" id="Footnote_170_170"></a><a href="#FNanchor_170_170"><span class="label">[170]</span></a> The writer was present when a newspaper was delivered,
+directed from Sydney to "Launceston, Cornwall." It was conveyed to
+England, where the Cornish postmaster wrote, "Try Van Diemen's Land."</p></div>
+
+<div class="footnote"><p><a name="Footnote_171_171" id="Footnote_171_171"></a><a href="#FNanchor_171_171"><span class="label">[171]</span></a> 53 Geo. iii. cap. 153.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_XIb" id="SECTION_XIb"></a>SECTION XI</h3>
+
+
+<p>Sir Thomas Brisbane,<a name="FNanchor_172_172" id="FNanchor_172_172"></a><a href="#Footnote_172_172" class="fnanchor">[172]</a> to facilitate the employment of prisoners,
+required that the grantee should, for every 100 acres of land granted,
+enter into bonds to employ one convict for the term of his
+transportation, or the average, ten years. By receiving a second convict
+for one year, he was promised a bonus of a second 100 acres.</p>
+
+<p>This condition was a serious obstacle to the ready sale of location
+orders. It was not, however, unnecessary: many casual visitors and
+masters of merchantmen obtained grants, which they sold instantly and
+cleared a considerable sum. Land speculators were greatly disconcerted
+by the incumbrance: many were anxious to throw up land orders, and
+attempted to recover money for the goods given in exchange.<span class='pagenum'><a name="Page_139" id="Page_139">[Pg 139]</a></span> A trial
+(1825), in which Mr. Underwood, of Sydney, was the plaintiff, is a
+curious example of this traffic. The defendant had given in payment for
+21 cwt. of sugar, an order for 200 acres of land; but when the convict
+clause was promulgated, the land was deemed worthless, and the plaintiff
+sued for &pound;59, the price of the sugar. The judge, however, resisted the
+claim, and declared that the order had paid for the sugar, although its
+sale was clandestine and illegal.</p>
+
+<p>The occupation of land was considered a sufficient proof of ownership,
+if not disputed within a short period, or negatived by written evidence.
+To resume a location, as the courts were then constituted, required the
+issue of a special commission, and could be only effected through a
+jury. On a trial, in which the Rev. Robert Knopwood was defendant, Judge
+Field stated that the conditions of early grants were practically void.
+Knopwood had agreed to sell the estate of Cottage Green for &pound;2,000, to
+Captain Jones, who paid &pound;1,000 in hand, and entered into bonds for
+&pound;1,000 for payment of the residue. Knopwood bound himself in a similar
+penalty to give up the premises when the whole sum should be paid. The
+widow of Jones sued for release from this bond (1821). The lawyers urged
+that Knopwood had violated the clause against alienation, and was liable
+to forfeit the whole. The judge refused to entertain this plea; but set
+aside the forfeiture as unequal: the estate, according to witnesses, was
+not worth more than &pound;1,000. The judge strongly condemned the unclerical
+rigour of the defendant. The celebrity of Cottage Green, now occupied by
+extensive mercantile establishments, gives special interest to the
+judgment.</p>
+
+<p>Efforts to resume land, not properly conveyed, were successfully
+resisted; and jurors appear to have determined, at all times, to deny a
+verdict to the crown. In 1824, in an action for intrusion (Rex <i>v.</i>
+Cooper), the jury delivered a verdict, that "the defendant had obtained
+possession in the usual manner." The judges asserted that no title was
+good, except such as passed under the great seal. A locatee, in an
+action of ejectment (Birchell <i>v.</i> Glover), who possessed from 1811
+until 1823, was supplanted by a person in 1824, who obtained a grant:
+the judge directed for the defendant, but the jury found for the
+plaintiff. A similar case (Martin <i>v.</i> Munn, 1833), was tried three
+times with the same issue. The judge directed, that although long
+occupation by the plaintiff were proved, the grant to the defendant was
+a<span class='pagenum'><a name="Page_140" id="Page_140">[Pg 140]</a></span> virtual resumption by the crown: this the jury considered
+inequitable, and found for the original occupier.</p>
+
+<p>The trial of a cause in Van Diemen's Land (Terry <i>v.</i> Spode, 1835), led
+to the exposure of a fatal error in land titles throughout the colonies.
+Spode had claimed and taken possession of a portion of land occupied by
+Terry, who brought an action of ejectment: the jury gave a verdict in
+his favour; but it was stated by counsel that both grants were
+"defective and void in law."</p>
+
+<p>This error had been discovered by Mr. Alfred Stephen (1829). The
+secretary of state was consulted, and authority received by Arthur to
+amend the form. The royal instructions had authorised the governors to
+grant lands, which they had always issued in their own names, instead of
+in the name of the king. The judges stated that in every case, whether
+of a subject or the king, a conveyance must be made in the name of the
+owner, and not of the attorney. These grants were, therefore, utterly
+void. In New South Wales the defect was cured by special legislation;
+but in Van Diemen's Land every grant was subject to an ordeal. Those
+already issued by Arthur had been legally worded after the defect was
+discovered; but the government of New South Wales continued the invalid
+form, until the judgment of the court led to its revision.<a name="FNanchor_173_173" id="FNanchor_173_173"></a><a href="#Footnote_173_173" class="fnanchor">[173]</a></p>
+
+<p>The importance of settling the titles to land was univer<span class='pagenum'><a name="Page_141" id="Page_141">[Pg 141]</a></span>sally felt, but
+the difficulties were not easily overcome. Prior to 1826, the Van
+Diemen's Land grants were drawn up in New South Wales. They were full of
+errors of all kinds: the boundaries, quantity, and names were
+mis-described; the land intended for one man was conveyed to another;
+inaccurate charts, on which grants were marked, multiplied mistakes; the
+surveyors ran their chains over the land, and marked off five or six
+farms in as many hours. They erased and altered their descriptions:
+accurate measurement discovered that many were without a title to the
+land in their possession, or that their grants were partly occupied by a
+next neighbour. The dates of these instruments were often arbitrary, yet
+they bound to cultivation and non-alienation, and often within years
+already past. Some printed forms contained stipulations not applicable,
+and became inoperative on the face of them: they described hundreds of
+acres in excess, but stated that those beyond the king's instructions,
+should be taken as not granted at all.</p>
+
+<p>When Mr. Alfred Stephen pointed out the defect in form, the government
+concealed the mistake until the king granted authority for correcting
+the error by royal warrant, received in 1830. It now became necessary to
+ascertain disputed titles. It was proposed by some to establish them by
+a general act: against this course Mr. A. Stephen protested, and pointed
+out consequences, that proved his objections were just. Many of these
+illustrate the idle and fraudulent manner in which the public business
+is often transacted. A grant issued in 1823, gave one side-line 32
+acres, written over an erasure. An investigation took place: a record
+book kept in Hobart Town shewed a similar erasure. The same entry had
+been preserved at New South Wales, and there it was 22 acres: the
+holding party was innocent; but his title was invalid. Still more
+extensive erasures were discovered in a valuable property; the entire
+description had been changed and another substituted. At Richmond, two
+persons selected land adjoining each other: their grants had been
+exchanged, and he who was thus deprived of the most valuable, resorted
+to a chancery suit for its recovery. At Norfolk Plains a great many
+farms were located and occupied for a number of years. They commenced
+their measurements from opposite points, and each farm gradually
+approximated. When their lands were surveyed by the grant deeds, every
+owner found that his side-line advanced upon his neighbour, until at
+last the<span class='pagenum'><a name="Page_142" id="Page_142">[Pg 142]</a></span> central proprietor saw his estate absorbed. In Oatlands, two
+properties were measured according to the common practice: the
+side-lines were guessed at; one cultivated, and the other sold his
+property; but when measured, the improver of his estate discovered that
+his homestead, and nearly one hundred acres of his land fell by
+description to his neighbour.</p>
+
+<p>At Bagdad Rivulet, a surveyor measured eight grants adjoining. All the
+bearings given in the grants were mistaken: to adjust them, one would
+lose the back of his farm and take his neighbour's, who would go on the
+next location and obtain a well cultivated farm.</p>
+
+<p>To have confirmed all former titles would have been obviously unjust. In
+1823, a location was given, but abandoned. Sorell advised a settler that
+came after to take the land, which he did. For fourteen years he lived
+there, and spent &pound;3,000: the original owner re-appeared with a Brisbane
+grant, as a claimant of this property.</p>
+
+<p>Colonel Arthur adopted Stephen's recommendation in 1831, and announced
+in the <i>Gazette</i>, January following, its approval by the secretary of
+state.</p>
+
+<p>All existing grants being invalid, the settlers depended on the justice
+of the crown to perfect their titles. The royal warrant of the king
+authorised the renunciation of claims founded on the informality, and
+deeds drawn in the king's name, containing the same conditions as the
+governors' grants, were offered at 5s. Now, however, the grants
+contained a true description of the land, and the name of the rightful
+possessor. The loose system of conveyancing, formerly expressed rather
+the intention than the act of transfer. Property had been subdivided,
+especially in the town: these parcels, however small, were now conveyed
+direct to the actual owner, subject to their proportion of quit rent.
+Possession and reputed ownership, were taken as a title. Those whose
+property was in excess, or less than their description, had their
+proportion of quit rents adjusted. The governor threatened with
+resumption lands obtained by exhibiting false pretensions to capital, or
+alienated before the period prescribed, or by collusive sheriff's sales.
+Oblivion was granted to breaches of conditions, when not fraudulent, on
+payment of 6d. per acre fine. Commissioners, James Simpson and George
+Frankland, Esqrs., were appointed to carry out this admirable plan
+(1832).</p>
+
+<p>An act, constituting the caveat board a court of equity and good
+conscience, was passed in 1835. The gentlemen<span class='pagenum'><a name="Page_143" id="Page_143">[Pg 143]</a></span> who framed it held the
+board, "in the sacred light of a court," although the concurrence of the
+governor was necessary to render its decisions valid. Commissioners were
+appointed to examine on oath. They were empowered to obtain a verdict
+from a jury in a special case: by appealing to the judge of the supreme
+court, they could submit a feigned issue for trial. In clear cases,
+however, after three months' notice, they were permitted to adjudicate.
+The decisions of this board have usually satisfied the public: they have
+been nearly always confirmed, and have prevented boundless
+litigation.<a name="FNanchor_174_174" id="FNanchor_174_174"></a><a href="#Footnote_174_174" class="fnanchor">[174]</a></p>
+
+<p>Many surveyors were employed, who acted in the several districts (1838).
+The survey of 100 acres was effected for &pound;5, of 2,000 for &pound;20. The list
+of locations being published, the surveyor-general held a movable court,
+to identify and arrange the boundaries. It was part of his duty to
+mediate between the contending parties. These preliminaries being
+settled, the commissioners issued grants to such as made good their
+claim.</p>
+
+<p>The proof of intention on the part of any officers, by custom entitled
+to grant occupation, has commonly barred the rights of the crown; but
+for this, a large amount of practical injustice must have been
+inflicted. Such was the only form in which grants could be distributed,
+when the country was just occupied, and the science of mensuration and
+accounts almost unknown.</p>
+
+<p>To this, the case of the heir-at-law of Major Abbott is nearly a
+solitary exception. Being about to retire from office, Major Abbott
+applied for a reserve of 210 valuable acres at Launceston, and 3,000
+acres elsewhere. On the recommendation of Sorell, then
+lieutenant-governor, who stated minutely the land desired, Sir Thomas
+Brisbane ordered the ground to be marked off as "crown reserves:" and
+Sorell, being just superseded, wrote on the order with a pencil the name
+of Abbott. Several persons at Launceston regretted the alienation of
+land useful to the township, and petitioned accordingly. Their views
+were favored by Arthur, and the claim of Abbott was supported by Sorell.
+Lord Bathurst ordered the grants in question to be given. Arthur,
+however, again appealed, and the decision in favour of Abbott was
+cancelled; but the 3,000 acres, reserved in the same terms and at the
+same time, were confirmed. Major<span class='pagenum'><a name="Page_144" id="Page_144">[Pg 144]</a></span> Abbott through life maintained his
+right to the Launceston reserve, and devolved its prosecution on his
+son; for twenty years he contested his right with the agents of the
+crown. During the litigation its value has ranged from &pound;2,000 to &pound;8,000.</p>
+
+<p>On an appeal to the secretary of state, Lord John Russell referred the
+claimant to trial by jury. He erected a house on the ground: this a
+chain gang was employed to destroy. He brought his action for trespass,
+which the law officers met by a demurrer. On his application for a deed
+of grant, a caveat was entered by Major Wentworth. Two of the
+commissioners decided in Abbott's favour, and the third, Dr. Turnbull,
+against him. The usual course was to issue grants on the decision of the
+major part: this the governor refused, and the case was once more
+referred to the secretary of state. In 1849, Earl Grey declared that the
+governor had exercised a sound discretion in refusing the advice of the
+caveat board,<a name="FNanchor_175_175" id="FNanchor_175_175"></a><a href="#Footnote_175_175" class="fnanchor">[175]</a> and thus finally negatived the claim.</p>
+
+<p>The intention of Sorell in favour of Major Abbott is clear: the
+provisional reserve of the land in his behalf is clear also. The views
+of Sir Thomas Brisbane are not so indisputable; but they probably
+changed on a remonstrance being offered by Arthur. The official answer
+to Sorell's application was a description of the reserve solicited,
+unaccompanied with demur or question: it was understood by Sorell to
+mean approval; and, but for subsequent interference, a grant would have
+issued of course. Where no corruption can be suspected, actual or
+ultimate value is certainly no equitable objection to perfect a claim
+founded on the custom, and created by the authorities of the time.</p>
+
+<p>Except the grants claimed under the Downing-street regulations, lands
+were bestowed at the discretion of the governor, to the extent of 2,650
+acres. Many received still larger quantities at different times. The
+arrest of robbers, the cultivation of flax or hops, the capture or
+conciliation of the aborigines, and losses by fire, were occasions for
+the governor's benevolence: other and less respectable causes were
+attributed, and scarcely require enumeration.</p>
+
+<p>The large discretion of the governor was asserted by Sir George Murray.
+Mr. Hall, the editor of the <i>Monitor</i>, had been refused a grant by
+Darling, while others were freely indulged. He complained; but was told
+by the secretary of state (1829), that the governor could judge most<span class='pagenum'><a name="Page_145" id="Page_145">[Pg 145]</a></span>
+correctly of an applicant, and that his decision would be usually held
+final.</p>
+
+<p>The collection of quit-rents has baffled the agents of the crown: at
+first, the amount was too small to repay the trouble of collection, and
+for both colonies, in 1824, did not exceed &pound;400 per annum.</p>
+
+<p>A large number of grants in Van Diemen's Land became liable in 1831, and
+notice was given that payment would be enforced. The settlers of
+Cornwall, led by Messrs. Bryan, Joseph Archer, and Gleadow, signed a
+petition to the crown, which complained that the exaction was partial
+and oppressive. The governor promised to forward the memorial, but
+stated that he had no ground to expect that the claim would be ever
+relaxed.</p>
+
+<p>Notwithstanding, in 1834, Arthur proposed a composition. He offered a
+release at ten instead of twenty years' purchase, if accepted within one
+year; without, however, allowing any set-off "for convict
+maintenance"&mdash;equal, in some cases, to the whole sum. In 1836, he
+proposed to intercede with the crown to relinquish all claims up to that
+year, a bond being given by the debtor for the arrears, if required:
+these offers were but little successful.</p>
+
+<p>To prevent a return to this topic, it may be added, that in 1841 Sir
+John Franklin offered to mediate for a remission of accumulations prior
+to 1835, provided all from that date were liquidated by yearly
+instalments. The total amount of quit-rent is estimated at &pound;15,000
+a-year, including the towns.</p>
+
+<p>The collection of quit-rents is a curious instance of dodging&mdash;the
+government to obtain, and the settlers to evade. Those debtors drawn
+into payment, could demand in equity that the indulgence granted to
+defaulters should be communicated to them: they were allowed a set-off
+in future payments. Those who redeemed their quit-rent were less
+favored.</p>
+
+<p>The extinction of uncertain obligations would be a public boon, if only
+for their tendency to produce discontent and habits of evasion. The
+reservations of timber and material, and right of road-making, are
+hardly less impolitic. If the law should oblige a proprietor to
+accommodate his country, equity prescribes his fair indemnity. A
+functionary might cut through a settler's estate in malevolence, and
+destroy the approaches to his dwellings, under terms without tangible
+limitation. In 1831, the government authorised a party to go through an
+orchard, planted on a Macquarie grant, to enlarge a road to the ferry at
+Risdon. The owner brought<span class='pagenum'><a name="Page_146" id="Page_146">[Pg 146]</a></span> his action, and the assessors gave him a
+verdict. The lawyers pleaded the general invalidity of colonial titles,
+and thus the right of the crown to resume! In 1824, the roads were
+thirty feet: in 1827, they were increased to sixty; and the attempt was
+made to take from a location given under the old rule, the increased
+breadth stipulated by the new.<a name="FNanchor_176_176" id="FNanchor_176_176"></a><a href="#Footnote_176_176" class="fnanchor">[176]</a></p>
+
+<p>"A strange rumour," said a colonial editor, "has reached us, that free
+grants of land will be conferred no more." Lord Ripon's regulations were
+published in London, January 20th, 1831. They were framed to obviate the
+theoretical and practical evils attributed to the easy acquisition of
+land; to terminate the prodigality of governors, and the frequent
+quarrels occasioned by their favoritism; and above all, to prevent
+laborers from becoming landholders, and the tendency of colonists to
+scatter over territories they can not cultivate. This important change,
+which excited alarm or exultation in the colonies, was only noticed in
+one London newspaper: with such indifference was a system regarded,
+destined to produce the most important national consequences.</p>
+
+<p>Except reserves intended for public use, crown lands were offered for
+sale to the highest bidders, at the upset price of five shillings, and
+for the first time, to the usual reservation were added precious metals.</p>
+
+<p>Arthur, who greatly disapproved the application of these rules to Van
+Diemen's Land, where no tendency to dispersion had been displayed, and
+where free grants of land formed the basis of the convict system,
+manfully employed the last hours of patronage. The lands in the towns
+were rapidly disposed of, and all who could prefer a reasonable claim,
+were readily indulged. A few grants were bestowed by the special favor
+of Arthur: 205,000 acres were alienated chiefly in grants of extension,
+due by the terms of the original grants. Those whose expectations were
+satisfied, were not displeased with a measure which gave a definite
+value to estates, and when once the principle was established, the
+higher the price of crown lands, the greater the nominal value of their
+own.</p>
+
+<p>A large number of persons, by neglect of the conditions, were liable to
+forfeiture; but among them were several favorite officers of the
+governor, or members of his own family. It was stated, without
+contradiction, that the<span class='pagenum'><a name="Page_147" id="Page_147">[Pg 147]</a></span> surveyor-general sold his maximum grant for
+&pound;1,700, when none of the conditions were fulfilled. An attorney-general
+not only parted with his property, but obtained afterwards a grant in
+extension for improvements he never made; and a gentleman, who had not
+visited the country, but was related to several persons of influence,
+obtained both a country and a town allotment.<a name="FNanchor_177_177" id="FNanchor_177_177"></a><a href="#Footnote_177_177" class="fnanchor">[177]</a></p>
+
+<p>Lord Ripon's regulations disappointed many officers intending to settle
+in the Australian colonies; but against this a provision was made
+(August, 1831), which entitled them to a remission of from &pound;150 to &pound;300,
+according to rank. They were, however, to give bonds for residence on
+the land so obtained.</p>
+
+<p>The ready sale of waste lands seemed to justify their valuation by the
+crown. In 1832, &pound;44,000 were netted, at nearly twelve shillings per
+acre. This high average was occasioned by the sale of valuable reserves:
+those of Ross were sold, some portions at 29s. per acre. The governor
+complained that the sale of town allotments led to speculation and
+limited improvements; he therefore offered land on three years' leases,
+except at Hobart Town, at the usual quit-rent, and exacted the promise
+to erect buildings of brick or stone. The absence of competition for the
+country allotments threatened to limit the proprietorship; but this
+precaution was forbidden by the secretary of state in 1835, when the
+system of granting lands at quit-rents finally terminated.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_172_172" id="Footnote_172_172"></a><a href="#FNanchor_172_172"><span class="label">[172]</span></a> <i>Sydney Gazette</i>, 1822.</p></div>
+
+<div class="footnote"><p><a name="Footnote_173_173" id="Footnote_173_173"></a><a href="#FNanchor_173_173"><span class="label">[173]</span></a> Copy of a grant of 1,500 acres:&mdash;"Whereas full power and
+authority for granting lands in the territory of New South Wales are
+vested in his Majesty's captain-general and governor-in-chief (or in his
+absence the lieutenant-governor for the time being) in and over the said
+territory and its dependencies by his Majesty's instructions under the
+royal sign manual, bearing date respectively the 25th day of April 1787
+and the 20th day of August 1789: In pursuance of the power and authority
+vested in me as aforesaid, I do by these presents give and grant unto A.
+B. his heirs and assigns, to have and to hold for ever, 1,500 acres of
+land lying and situate in the &mdash;&mdash; district, Van Diemen's Land, bounded,
+&amp;c. &amp;c. &amp;c. &amp;c., to be had and held by him the said A. B. his heirs and
+assigns, free from all taxes, quit-rents, and other acknowledgements,
+for the space of five years from the date hereof; provided always, and
+it is hereby expressed to be understood that the said A. B. the grantee
+in these presents named, shall in no ways either directly or indirectly
+sell, alienate, or transfer any part or parcel of the land hereby
+granted within the said term of five years; and also provided always
+that the said A. B. should clear and cultivate, or cause to be cleared
+and cultivated, within the said term of five years, the quantity of 75
+acres of the said land hereby granted, otherwise the whole of the said
+land hereby granted shall revert to the crown, and the grant hereby made
+thereof shall be held and deemed null and void, and saving and reserving
+to government the right of making a public road through such part of the
+said land as may at any time be required: such timber as may be growing
+or that may grow hereafter upon the said lands, which may be deemed fit
+for naval purposes, to be reserved for the use of the crown; and paying
+an annual quit-rent of 30s. after the term or time of five years before
+mentioned. In testimony whereof," &amp;c.</p></div>
+
+<div class="footnote"><p><a name="Footnote_174_174" id="Footnote_174_174"></a><a href="#FNanchor_174_174"><span class="label">[174]</span></a> It appears to have been followed in the court, lately
+instituted in Ireland, for the sale of encumbered estates.</p></div>
+
+<div class="footnote"><p><a name="Footnote_175_175" id="Footnote_175_175"></a><a href="#FNanchor_175_175"><span class="label">[175]</span></a> Despatch, 10th June, 1849.</p></div>
+
+<div class="footnote"><p><a name="Footnote_176_176" id="Footnote_176_176"></a><a href="#FNanchor_176_176"><span class="label">[176]</span></a> Bastian <i>v.</i> Bridger.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_XIIb" id="SECTION_XIIb"></a>SECTION XII</h3>
+
+
+<p>A work of Edward Gibbon Wakefield, professed to detect the errors in
+British colonisation, and to prescribe a new and more effective
+plan.<a name="FNanchor_178_178" id="FNanchor_178_178"></a><a href="#Footnote_178_178" class="fnanchor">[178]</a> It consisted in selling land at "a sufficient price" to
+combine labor and capital, to collect all the elements of civilisation,
+to prevent the dispersion of population, the premature possession of
+land by the workman, and speculation by jobbers. Thus a colony, on this
+model, was compared to a tree transplanted, the fibres of its roots
+undivided, and its branches unbroken.<span class='pagenum'><a name="Page_148" id="Page_148">[Pg 148]</a></span></p>
+
+<p>For several years previous to this decisive change, the desire had been
+widely expressed to relieve the parent country by the emigration of
+paupers. Sir William Horton devoted great attention to the subject. He
+visited various districts most oppressed by population, and pointed out
+the methods available to an extensive removal. The Canada Company, which
+transacted much business with him while under secretary of state, had
+purchased and re-sold crown lands; and many laborers, who were
+transferred at their own expense to that country, rapidly improved their
+condition. A committee of the Commons sat upon the subject, and a bill
+was introduced by Mr. Horton himself, to authorise the parishes to
+mortgage their poor rates. It was once intended by the government to
+levy a tax on convict laborers, and to increase its amount on artizans,
+and thus raise a fund for emigration: this project, Arthur successfully
+resisted, and large permanent resources were discovered in the sale of
+lands. The parishes were not willing to incur the outlay, and it was
+opposed by many who were persuaded that the poverty of the laborer
+resulted from oppression.<a name="FNanchor_179_179" id="FNanchor_179_179"></a><a href="#Footnote_179_179" class="fnanchor">[179]</a> The intolerable degradation of the poor
+led to outrages and crimes. Large numbers were transported for agrarian
+offences, and many others had no refuge, but to obtain deliverance from
+starvation by less concerted violations of the law.</p>
+
+<p>Agricultural laborers were driven from town to town; offered by auction
+at two-pence a day; harnessed to gravel carts; mocked by being sent with
+a barley straw fifteen miles a day; imprisoned in pits, and kept
+standing morning after morning in a public pound. Such were the scenes
+which induced Horton to lecture through the country on redundant
+population and emigration; and to call the attention of the parliament
+to the march of poverty, pauperism, tyranny, and crime.<a name="FNanchor_180_180" id="FNanchor_180_180"></a><a href="#Footnote_180_180" class="fnanchor">[180]</a></p>
+
+<p>The proposition of Sir William Horton led to various projects of private
+parties, in furtherance of colonisation. Grants of land were given to
+capitalists in proportion to the laborers they conveyed; whom they were
+permitted to engage as indented servants. The scheme chiefly important
+to Van Diemen's Land, was the settlement of Swan River. Four gentlemen
+proposed to government, to convey 10,000 persons, for a grant
+equivalent. The minister<span class='pagenum'><a name="Page_149" id="Page_149">[Pg 149]</a></span> thought the project too vast. Three of the
+four declined: Mr. Thomas Peel, a relative of Sir Robert Peel, still
+persevered. Many persons entrusted their capital to agents, who
+presented it, and obtained a title to possessions they never intended to
+cultivate.</p>
+
+<p>By the regulations published at Downing-street (December 5th, 1828), the
+settlers were allowed 40 acres for every &pound;3 of invested capital; 200
+acres for every laborer conveyed. No convicts, or any other description
+of prisoners, were to be sent; but land granted, was to be forfeited,
+unless improved within twenty-one years. Thus, those who conveyed
+laborers, were met by competitors who had incurred no such expenses; and
+the conditions imposed neutralised each other. The settler who carried
+out labour, found his servant desert him to occupy land acquired by the
+capitalist who carried out money. Of three hundred persons embarked by
+Mr. Peel, in a few months not one remained to light his fire; but the
+recreant workmen were soon reduced to want. Many, under their broken
+indentures, claimed relief of Mr. Peel, whose flocks had been scattered,
+and his property destroyed by their desertion. He was glad to hide from
+their violence, while they were embarking for the neighbouring colonies.
+Respectable families were compelled to perform the most menial offices,
+and young women of education were reduced to rags. Contributions of
+clothing were collected and forwarded by the ladies of Cornwall. Many
+were brought to Van Diemen's Land, as to a city of refuge: the
+population, from 4,000, decreased to 1,500, and the ruined landholders
+petitioned the government for a share of convict labour&mdash;a boon which
+the elder colonies deprecated, and the minister refused (1835).</p>
+
+<p>Swan River seemed to promise a desirable market, and the merchants
+dispatched vessels with provisions and cattle: Mr. Gellibrand speculated
+largely. On the whole, the returns were not equal to the outlay; and
+although sometimes great profits were realised, Van Diemen's Land was
+injured by the trade.</p>
+
+<p>Scarcely were the settlers of Western Australia landed, when another
+colony, Spencer's Gulf, was projected. The authors of this scheme
+imputed serious detects to the plan of its immediate predecessor. The
+low price and extensive holdings, the want of combinable laborers, and
+the imperfect organisation of its social fabric, seemed to account for
+its disasters. A body of persons, concurring in the Wakefield system of
+colonisation, and comprehending many<span class='pagenum'><a name="Page_150" id="Page_150">[Pg 150]</a></span> members of the House of Commons,
+formed themselves into an association, and applied to the government for
+the necessary powers. After considerable discussion, the minister
+declined their proposal, and the realisation of their hopes was deferred
+several years. The more active partisans of the scheme kept it before
+the public. An act passed the legislature on the 15th of August, 1834,
+empowering the crown to erect South Australia into a British province.
+Commissioners were appointed for the sale of land, and for the
+conveyance of emigrants. It was determined that the price should be
+sufficient to prevent laborers from buying land, and furnish the cost of
+their emigration. The company were authorised to borrow &pound;50,000. If, at
+the expiration of ten years, the population should not reach 20,000, the
+control of the land was to revert to the crown. With a population of
+50,000, they were to obtain the rights of political freedom, and no
+convict ship was to anchor on their shores. The upset price was at first
+&pound;1, and, for a time, 12s. per acre. The intended colony was viewed with
+distrust by the elder settlements for the theoretical character of the
+plan, and its entire opposition to the then prevailing notions of penal
+labour. The advocates of the enterprise lost no occasion to denounce the
+social condition of Van Diemen's Land and New South Wales; where,
+however, the scheme was pronounced insane, and destined to certain
+disorder and ultimate overthrow. The appearance of new speculators in
+the Australian colonies compensated them for these reproaches. In
+publishing their plans, the company had always referred to supplies
+within their vicinity, as an immediate and certain reserve. The
+Tasmanian merchants met them on the shore of the royal province. Sheep
+were sent over as the basis of their flocks; timber for their huts; and
+the various produce of rural wealth, originally brought at great cost
+from Europe. A long succession of adventurers raised the value of
+produce throughout the colonies; and individuals realised large profits
+in the trade; but when the arrivals from England ceased, the new colony
+was involved in whatever misfortunes its peculiar plan was supposed to
+avert. Many hundreds, driven out by poverty, settled in the penal
+colonies, and the property of Adelaide became unsaleable: the frail
+dwellings were deserted, and the land lay utterly waste. Of the Adelaide
+traders, scarcely a house escaped insolvency, and the loss was total.
+Those who remained turned their land to account: their flocks increased,
+and the discovery of the mines happily realised more than their early
+hopes. The<span class='pagenum'><a name="Page_151" id="Page_151">[Pg 151]</a></span> lands sold by the company were freed from the mineral
+reservation.</p>
+
+<p>An old gentleman, named Meng&egrave;, formerly an attendant on a distinguished
+German geologist, was the discoverer of its mineral riches. He was
+employed by Mr. George F. Angus to select his special surveys. His
+occasional choice of rocks and barren soil excited ridicule and
+astonishment; but he was accustomed to say, "the wealth is below, not
+upon the ground." He lived in the cleft of a rock at the junction of the
+Gawler and Para, near a plot of forty acres, almost surrounded with
+water, where he cultivated melons of every variety. He spoke many
+languages, and had travelled through Germany, Switzerland, and Iceland.
+A mineral collection he made, is in the University Museum, Edinburgh.
+His excursions in South Australia were intrepid, and extended far: he
+carried a wallet and a hammer, and subsisted during his wandering on
+gum. His conversation was visionary; and his predictions, at the time,
+but little regarded.</p>
+
+<p>The coast of New Holland, opposite to Van Diemen's Land, was almost
+neglected since the removal of the colony in 1803. Various reports were
+brought by whalers of its suitableness for sheep farming. Howell, Hume,
+and Batman had explored the country in 1824, and had acquired some
+knowledge of its quality. In 1827, an application was made by Messrs. J.
+T. Gellibrand and Batman to General Darling, for permission to land
+stock, to the amount of &pound;5,000, in the neighbourhood of Western Port.
+This project failed; but in 1835, Mr. Batman, called the Australian
+Penn, acting for certain colonists, of whom a nephew of Arthur was one,
+proceeded to Port Phillip. Several Sydney blacks, under his care, had
+acquired the English language, and accompanied him thither. This
+important expedition embarked in a colonial vessel, and landed on the
+26th May, on the shore of Port Phillip. The civilised blacks were now
+decked with native ornaments, and advanced towards the fires of the
+aborigines; but they had fled. They were, however, tracked by Batman's
+company, who opened a friendly conference, and were perfectly
+understood. The natives displayed some apprehension, and intimated they
+had already experienced injury from the English. Batman gave them
+presents of tomahawks and trinkets, and conciliated their fullest
+confidence. Some time after, the party met the chief of another tribe,
+who had heard reports of the white man's liberality: he conducted them
+towards the huts; but in their progress they were surprised by an
+hostile array of the natives. The<span class='pagenum'><a name="Page_152" id="Page_152">[Pg 152]</a></span> blacks of Batman's party called out
+to them, and amity was established. Batman took the spear of the chief,
+who carried his gun. He then proposed to live among them: the conditions
+were explained to their satisfaction. The treaty of Penn with the
+Indians was the model of the covenant with the tribe of Dutegaller. They
+conveyed a track of 600,000 acres, for blankets and other objects of
+native desire, and an annual payment of similar articles to the value of
+&pound;200. This deed was signed, sealed, and delivered by the natives in due
+form.</p>
+
+<p>The report of this expedition was presented to Arthur, who warmly
+concurred in the occupation, and approved the consideration of native
+rights; but observed that those rights had been disregarded in the
+recent colonisation of South Australia, and that Port Phillip was within
+the government of New South Wales. Arthur was desirous of making that
+territory dependent on Van Diemen's Land. The minister favorably noticed
+the proposal; but in the meantime Governor Bourke asserted his claim,
+and declared the company intruders, and their bargains with the natives
+void.</p>
+
+<p>Notwithstanding, the colony now opened was occupied by many adventurers.
+Their sheep were rapidly transferred, and the greater portion of the
+early inhabitants were settlers from Van Diemen's Land. The settlement
+was suffered with reluctance. The theory of concentration had been
+adopted only a few months before; but, except by setting up a government
+on the spot, it was found that an illegal occupation of land could not
+be prevented. Governor Bourke wrote to the secretary of state, that
+whatever the general wisdom of concentration, an opposite course was
+necessary for pastoral wealth; and that to neglect nutritious food,
+would be to reject "the bounty of providence." He proposed to sell the
+land in townships, and employ the proceeds in the public service.</p>
+
+<p>Lord Glenelg confessed that the scheme of concentration was not of
+universal application: that Lord Ripon's regulations were not everywhere
+desirable, and that it was proper to tolerate the ardour of private
+enterprise; to moderate its course, and gather up its fruits. The
+Dutegaller association was dissolved; but not until they had given an
+impulse to colonisation, more rapid than any example offered by history.
+This peaceable occupation, contrasted with the cruelties inflicted at
+Twofold Bay&mdash;a whaling station, now rising into a province.</p>
+
+<p>While these plans of colonisation were in progress, the<span class='pagenum'><a name="Page_153" id="Page_153">[Pg 153]</a></span> social
+condition of the penal colonies was constantly discussed. To correct the
+evils admitted on the spot, and to obviate the dangers apprehended at
+home, it was determined by the ministers to promote the emigration of
+mechanics and females. One series of plans were proposed for New South
+Wales and Van Diemen's Land, and with the same general results. The
+policy of government required the emigration of free mechanics.</p>
+
+<p>The employment of prisoner artizans by the local government, was
+disapproved by the crown, and Colonel Arthur was instructed to assign
+them to masters, and contract for public works. In defending this
+measure, he had maintained that the high rate of wages would subvert the
+design of transportation: the employer would indulge the workmen, and to
+obtain their full strength supply the means of sensual gratification.</p>
+
+<p>In 1831, a notice appeared inviting the opinions of the colonists on the
+subject of emigration. Lord Goderich solicited the assistance of the
+settlers in removing the population which the colonies might employ, and
+England spare. They were requested to state what amount of money they
+would engage to afford, and what class of servants they required. Such
+as contributed to the cost were promised a preferable claim to engage
+them. The notice was received in silence: no public meeting was held.
+The servants of the Van Diemen's Land Company had generally deserted
+their employers; and in the colonies, the valuation of pauper laborers,
+compared with convicts, was not great; and although some extended their
+views beyond the moment, the chief object of most persons was to secure
+a fortune and be gone. The settlers dreaded the vicinity of small
+farmers, as fatal to the discipline of their men, and to the safety of
+their flocks.<a name="FNanchor_181_181" id="FNanchor_181_181"></a><a href="#Footnote_181_181" class="fnanchor">[181]</a></p>
+
+<p>This notice was on its way, when Lord Howick, on the behalf of the
+colonial-office, addressed the lords of the treasury, and proposed a
+loan of &pound;10,000, to be repayed by the land fund. The proceeds of sales
+were then a matter of conjecture; but it was the opinion of the
+secretary of state, that these resources should be devoted to
+emigration, especially of females. He calculated that a growing
+population would more than compensate for the cost, by extending the<span class='pagenum'><a name="Page_154" id="Page_154">[Pg 154]</a></span>
+basis of colonial revenue (1831). In this view their lordships
+concurred, and a commission was instantly appointed, to carry out the
+design.</p>
+
+<p>During this emigration the supply of labor exceeded the demand, and a
+benevolent society was formed to succour the numerous poor. The governor
+advised that no laborers, except mechanics, should be sent, and four
+members of the legislative council protested against the outlay. They
+stated that the support of 10,000 prisoners, without expense to England,
+was a sufficient benefit for a colony to confer; that the "poor house
+prisoners," and the "gaol prisoners," were equally demoralised; and the
+first more insolent and uncontrollable. They contended that the
+expenditure of the land fund out of the colony was to complete the
+mischief resulting from the cessation of grants, "the calamities of
+which it was fearful to anticipate."<a name="FNanchor_182_182" id="FNanchor_182_182"></a><a href="#Footnote_182_182" class="fnanchor">[182]</a></p>
+
+<p>The colony was thought likely to afford a desirable home for Chelsea
+pensioners, who commuted their pensions for four years' payment.
+Forty-six embarked in the <i>Science</i>, with Messrs. Backhouse and Walker,
+whose reports of their conduct explain their subsequent misfortunes.
+They were intemperate and thriftless, and passed the voyage in disorder.
+The women were nothing superior to their husbands.<a name="FNanchor_183_183" id="FNanchor_183_183"></a><a href="#Footnote_183_183" class="fnanchor">[183]</a> On their
+arrival, they expended their money, and sunk into misery. To this there
+were some exceptions, and here and there an old soldier may be found,
+whose property has risen in value, to a competence for his declining
+life. The land they were enabled to acquire was, however, generally too
+small in quantity to yield a living, from their unskilled and irregular
+toil. Their distress excited more discussion than sympathy. They
+requested the sheriff to call a meeting, to inform the crown of "their
+unspeakable sufferings."</p>
+
+<p>The home government resolved to advance &pound;20 to married mechanics willing
+to emigrate to this colony. They gave the parties the amount, who were
+expected to sign a warrant of attorney for its repayment within two
+years. Many emigrated, but few paid: a Mr. John Hose, who did so, was
+noticed for his singular honesty; but the greater part evaded the
+liability with success. Females were expected to repay &pound;8 towards their
+passage; but many were minors, and the proof of their hand-writing was
+not easy, and few<span class='pagenum'><a name="Page_155" id="Page_155">[Pg 155]</a></span> regarded the obligation as just. The demand of this
+pledge contracted the choice of emigrants: many country girls refused to
+sign their names to a paper, promising a sum equal to the English wages
+of a year; or to enter into engagements, of which they could not see the
+end. The ordinary revenue was charged with payment and collection
+arising from this scheme; but the land fund eventually defrayed the
+loss.</p>
+
+<p>A succession of vessels, with mechanics and females, anchored at Hobart
+Town: the <i>Amelia Thompson</i> at Launceston. A committee of ladies in
+London, of whom Mrs. Fry was the most distinguished, undertook the
+selection of the females. They were commended for their philanthropy and
+care in England: in the colonies, they received but little praise. Mr.
+Marshall, a considerable shipowner, was appointed agent. To fill his
+vessels, was said to be the main object of his efforts, and that he held
+a low scale of female morality would not be unacceptable. The statements
+of the colonial press were often undiscriminating and highly unjust:
+many valuable women were included in these immigrations; many were girls
+of tender years, whose chief fault was their ignorance.</p>
+
+<p>The debarkation of these females occasioned scenes, more subjects of
+regret than of wonder. Thus, on the arrival of the <i>Strathfieldsay</i>
+(1834), the fair emigrants, 286, most of good character, were
+indiscreetly landed at high noon: 2,000 persons awaited them on the
+beach. Their feelings were outraged with ribaldry and insult: they were
+astounded at their reception, and many wept. The ladies of the colony
+protected and advanced them; and some, whose want drove them from their
+native country, remember the day with gratitude when they first pressed
+the soil of Tasmania. 1,280 females were brought to the colony in three
+years, ending 1835; and rather more to New South Wales.</p>
+
+<p>The emigrant rarely appears to advantage: the occupation of a new
+sphere, in which his position is uncertain, renders his manners awkward,
+and his expectations ridiculous. The disorderly conduct of many made
+their presence a burden, and their civil condition no great advantage to
+their masters. Yet, since it was necessary to labor or to starve, the
+greater portion chose the better alternative; and the women of decent
+habits, found that destiny for which nature designed them.</p>
+
+<p>The extravagant expectations formed by many emigrants, fostered by
+reports of individual success, which when sub<span class='pagenum'><a name="Page_156" id="Page_156">[Pg 156]</a></span>stantially true are still
+exaggerated by fancy, were commonly disappointed. The suspicious
+coolness of strangers; the high price of provisions; the comfortless
+dwellings, with their awkward fuel; the absence of conveniences, which
+are not valued until lost; and the memory of home, produced a depression
+of spirits, only overcome by reason or youth. But their complaints of
+after years, are the result of affectation and habit: they pretend to
+have sacrificed a lot, from which in reality they escaped; and forget
+that in the midst of those scenes they profess to regret, they often
+wanted a meal.</p>
+
+<p>A curious instance occurred at an early time: a settler took a location
+order and provisions, and went out to commence his labors. He was
+disheartened by the obstruction of the forest: at his first stroke, the
+axe was shivered; he threw it down in despair, and returned home in the
+vessel that brought him out.</p>
+
+<p>The emigrants were not, on the whole, inferior to other persons of their
+education and calling; and were often justified in resisting the
+tyrannical spirit and disposition to oppress, which the habits of
+colonial life do not extinguish. This emigration, amounting to 7,000 for
+both colonies, is an epoch to be remembered for its influence on their
+fate.</p>
+
+<p>These events revolutionised the social state of the colonies. Free
+workmen and their families formed an intermediate class, whose interests
+were hostile to a penal government, and to bond labor in every form. The
+individual importance of employers consoled them for their political
+dependence; and the subservience of transportation to their material
+prosperity, reconciled them to the restrictions it imposed. The free
+workman found it an obstacle to his advancement: it depressed his wages
+and debased his position, but gave him nothing. If his industry raised
+him, he yet retained the sympathies of his early life: he remained
+distrustful of the rich, jealous of rank, and fond of the equality of
+human rights. Trial by jury, legislative assemblies, and official
+responsibility, found earnest advocates, where they had often been mere
+rallying points of personal discontent.</p>
+
+<p>All this was foreseen by Arthur: when free laborers were intruded by the
+crown, the great bond of his system was broken.<span class='pagenum'><a name="Page_157" id="Page_157">[Pg 157]</a></span></p>
+
+<div class="center">
+<table border="1" cellpadding="1" cellspacing="0" summary="disposal">
+<tr><td colspan="5"><h4>DISPOSAL OF CROWN LANDS IN NEW SOUTH WALES AND VAN DIEMEN'S LAND.</h4></td></tr>
+
+<tr><td>Authority.</td><td> Date.</td><td>Terms.</td><td>Superseded.</td><td>Remarks.</td></tr>
+
+<tr>
+  <td align="left">&nbsp;&nbsp;King's sign manual<br />&nbsp;&nbsp;&nbsp;&nbsp;to governors of<br />&nbsp;&nbsp;&nbsp;&nbsp;New South Wales.<br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;1787 and 1789.<br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;Residence on the grant.<br />&nbsp;&nbsp;Cultivation and improvement.<br />&nbsp;&nbsp;Reservation of naval timber.<br />&nbsp;&nbsp;Quit rent: emancipists. 6d. per 30 acres; free<br />&nbsp;&nbsp;&nbsp;&nbsp;settlers, 2s. per 100 acres, after  ten years.</td>
+   <td align="left">&nbsp;&nbsp;1810.<br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;100 acres only to any person,<br />&nbsp;&nbsp;&nbsp;&nbsp;over the quantity allowed<br />&nbsp;&nbsp;&nbsp;&nbsp;to emancipists.<br /><br /><br /></td>
+</tr>
+<tr>
+   <td align="left">&nbsp;&nbsp;Governor Macquarie.&nbsp;&nbsp;<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;January 1, 1810.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;Quit-rent, 2s. per 100 acres.<br />&nbsp;&nbsp;Cultivation of a proportion (20th part) in five years.<br /> &nbsp;&nbsp;Reservation of naval timber.<br />&nbsp;&nbsp;Right of forming highways.<br />&nbsp;&nbsp;Non-alienation in five years.<br /><br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;November 30, 1821.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;Town allotments usually<br />&nbsp;&nbsp;&nbsp;&nbsp;leased at Hobart Town<br />&nbsp;&nbsp;&nbsp;&nbsp;for twenty-one years,<br />&nbsp;&nbsp;&nbsp;&nbsp;quit rent 30s. per acre;<br />&nbsp;&nbsp;&nbsp;&nbsp;7 only were granted,<br />&nbsp;&nbsp;&nbsp;&nbsp;1820.  Allotments were
+        <br />&nbsp;&nbsp;&nbsp;&nbsp;occupied at Launceston<br />&nbsp;&nbsp;&nbsp;&nbsp;on permission of the<br />&nbsp;&nbsp;&nbsp;&nbsp;commandant.&mdash;<i>Bigge's</i><br />&nbsp;&nbsp;&nbsp;&nbsp;<i>Report</i>.</td>
+</tr>
+<tr>
+ <td align="left">&nbsp;&nbsp;Governor Brisbane.<br /><br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;July 11, 1822.&nbsp;&nbsp;<br /><br /><br /><br /><br />&nbsp;&nbsp;1823.<br /></td>
+   <td align="left">&nbsp;&nbsp;Omits cultivation clause, and saddles every 100<br />&nbsp;&nbsp;&nbsp;&nbsp;acres with a convict servant. This was cancelled<br />&nbsp;&nbsp;&nbsp;&nbsp;by indorsement on some grants, on condition<br />&nbsp;&nbsp;&nbsp;&nbsp;of cultivation.<br />
+     <br />&nbsp;&nbsp;Grants liable to quit-rent of 15s. per 100 acres.</td>
+   <td align="left">&nbsp;&nbsp;Colonial Office,<br />&nbsp;&nbsp;&nbsp;&nbsp;November 1824.<br />&nbsp;&nbsp;Notified in Van Diemen's<br />&nbsp;&nbsp;&nbsp;&nbsp;Land, 18th May, 1825.<br /><br /><br /></td>
+   <td align="left">&nbsp;</td>
+</tr>
+<tr>
+   <td align="left">&nbsp;&nbsp;Colonial Office.<br /><br /><br /><br /><br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;1824.<br /><br /><br /><br /><br />&nbsp;&nbsp;April, 1826.<br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;Convict clause inserted. Purchase money repaid,<br />&nbsp;&nbsp;&nbsp;&nbsp;if claimed within ten years, or for the redemption<br />&nbsp;&nbsp;&nbsp;&nbsp;of quit rent.<br />&nbsp;&nbsp;Quit rent 5 per cent. value.<br /><br />
+     &nbsp;&nbsp;Settlers who could obtain no convicts, allowed<br />&nbsp;&nbsp;&nbsp;&nbsp;abatement of half quit-rent; or a new purchase<br />&nbsp;&nbsp;&nbsp;&nbsp;at half price, who should expend five<br />&nbsp;&nbsp;&nbsp;&nbsp;times value of the grants, given or sold them.</td>
+   <td align="left">&nbsp;&nbsp;Convict clause withdrawn,<br />&nbsp;&nbsp;&nbsp;&nbsp;in 3rd edit. of notice,<br />&nbsp;&nbsp;&nbsp;&nbsp;1827.<br /><br /><br /><br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;Town lots granted on<br />&nbsp;&nbsp;&nbsp;&nbsp;specified expenditure<br />&nbsp;&nbsp;&nbsp;&nbsp;within three  years, and<br />&nbsp;&nbsp;&nbsp;&nbsp;non-alienation for 18<br />&nbsp;&nbsp;&nbsp;&nbsp;months.<br /><br /><br /><br /><br /><br /></td>
+</tr>
+
+<tr>
+   <td align="left">&nbsp;&nbsp;Governor Arthur.<br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;1828.<br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;Land Board established; capital required, &pound;500<br />&nbsp;&nbsp;&nbsp;&nbsp;for each square mile granted.<br />&nbsp;&nbsp;Land sold at highest tender; one-half left on<br />&nbsp;&nbsp;&nbsp;&nbsp;mortgage for twelve years, at 5 per cent.<br />&nbsp;&nbsp;Precious metals reserved.</td>
+   <td align="left">&nbsp;&nbsp;January 20, 1831.<br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;</td>
+</tr>
+
+<tr>
+   <td align="left">&nbsp;&nbsp;Colonial Office.<br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;January 20, 1831.<br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;Order: all land to be sold by public sale; upset<br />&nbsp;&nbsp;&nbsp;&nbsp;price 5s., conveyed in fee simple at a peppercorn<br />&nbsp;&nbsp;&nbsp;&nbsp;rent.<br />
+     &nbsp;&nbsp;Precious metals reserved, and indigenous produce<br />&nbsp;&nbsp;&nbsp;&nbsp;for public works.</td>
+   <td align="left">&nbsp;&nbsp;August, 1838.<br /><br /><br /><br /><br /></td>
+   <td align="left">&nbsp;</td>
+</tr>
+
+<tr>
+   <td align="left">&nbsp;&nbsp;Colonial Office.<br /><br /><br /></td>
+   <td align="left">&nbsp;&nbsp;August, 1838.<br /><br />&nbsp;&nbsp;1842.<br /></td>
+   <td align="left">&nbsp;&nbsp;12s. per acre.<br /><br />&nbsp;&nbsp;&pound;1 per acre.<br /></td>
+   <td align="left">&nbsp;&nbsp;1842.<br /><br />&nbsp;&nbsp;1845.<a name="FNanchor_184_184" id="FNanchor_184_184"></a><a href="#Footnote_184_184" class="fnanchor">[184]</a><br /></td>
+ <td align="left">&nbsp;</td>
+</tr>
+</table></div>
+
+<p><span class='pagenum'><a name="Page_158" id="Page_158">[Pg 158]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_177_177" id="Footnote_177_177"></a><a href="#FNanchor_177_177"><span class="label">[177]</span></a> <i>Report on the Disposal of Crown Land</i>, 1836.</p></div>
+
+<div class="footnote"><p><a name="Footnote_178_178" id="Footnote_178_178"></a><a href="#FNanchor_178_178"><span class="label">[178]</span></a> <i>England and America.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_179_179" id="Footnote_179_179"></a><a href="#FNanchor_179_179"><span class="label">[179]</span></a> The plan of selling crown lands, and appropriating the
+proceeds to emigration, was claimed as his own by Galt, the novelist and
+projector. See <i>Life of John Galt</i>, vol. ii. p. 135.</p></div>
+
+<div class="footnote"><p><a name="Footnote_180_180" id="Footnote_180_180"></a><a href="#FNanchor_180_180"><span class="label">[180]</span></a> <i>Edinburgh Review</i>, 1849.</p></div>
+
+<div class="footnote"><p><a name="Footnote_181_181" id="Footnote_181_181"></a><a href="#FNanchor_181_181"><span class="label">[181]</span></a> "We are much mistaken, if the letters addressed to the
+secretary exceed six, and they are written by the paid
+magistracy."&mdash;<i>Launceston Advertiser</i>, 1832.</p></div>
+
+<div class="footnote"><p><a name="Footnote_182_182" id="Footnote_182_182"></a><a href="#FNanchor_182_182"><span class="label">[182]</span></a> Protesters:&mdash;Charles Swanston, Charles M'Lachlan, Richard
+Willis, John Kerr. October, 1833.</p></div>
+
+<div class="footnote"><p><a name="Footnote_183_183" id="Footnote_183_183"></a><a href="#FNanchor_183_183"><span class="label">[183]</span></a> <i>Backhouse's Narrative</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_184_184" id="Footnote_184_184"></a><a href="#FNanchor_184_184"><span class="label">[184]</span></a> 1845.&mdash;The Act 5th &amp; 6th Victoria, chap. 36,
+repealed; as to Van Diemen's Land only: which returned to the status of
+1787.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_XIIIb" id="SECTION_XIIIb"></a>SECTION XIII</h3>
+
+
+<p>The increasing population of the Australian colonies led to important
+changes in their monetary institutions. Hitherto the stock employed in
+banking was supplied by the merchants, or invested by East Indian
+capitalists. These local relations were not without their advantages:
+they enabled the banks to extend accommodation beyond the ordinary usage
+of companies subject to more extensive and complicated interests.</p>
+
+<p>The announcement of the "Leviathan," as the Bank of Australasia was
+called, created the usual amount of discussion. The capital was desired
+by those who had occasion to borrow, and dreaded by such as were
+interested in lending. It was incorporated in 1835; and commenced
+operations the following year. By granting bills on London at par, the
+manager first drew largely on the current coin. Treasury bills were no
+longer the cheapest remittance, and the disposition to purchase them
+declined. The outcry of the local banks reached the legislative council,
+and it was proposed to make a treasury bill a legal tender. An act
+passed for the purpose, but was never called into force by proclamation.
+The resources of the English enabled them to vex and contract the sphere
+of the colonial establishments; but had treasury bills become a legal
+tender, they could have redeemed their own notes by their payment, and
+thus recovered the coin which found its way into the coffers of the
+stranger.</p>
+
+<p>At Launceston, the quarrel between the Australasia and a local bank,
+afforded much sport to those not deeply interested. Of the Tamar Bank,
+20 per cent. only had been paid on its capital, which was exceedingly
+small compared with its discounts and issues. Every morning, the agent
+of the London took a wheel-barrow to the Tamar bank, attended by an
+armed guard, and carried away the dollars in exchange for notes. The
+superior strength of the Australasia soon brought the contest to a
+crisis, and Mr. Gilles, the manager of the Tamar, shut up his books. He,
+however, first gave warning, that such must be his course, unless it was
+agreed to restore the dollar bags to the state before the war. To this
+it was replied that, perhaps, the Tamar had exceeded the just limits of
+its capital, and an offer made to discount a bill for its accommodation.
+In the end, time<span class='pagenum'><a name="Page_159" id="Page_159">[Pg 159]</a></span> was given. The parties concerned were more frightened
+than hurt: no serious injury was intended.</p>
+
+<p>In 1837, the Union Bank of Australia, with a capital of &pound;1,000,000,
+divided the field. This institution was formed in England, under the
+auspices of Mr. Philip Oakden, a merchant, of Launceston. With such
+spirit was the project accepted, that the amount was subscribed in one
+day.</p>
+
+<p>The chief objection to these banks was their tendency to create a class
+of absentees, whose revenue withdrawn from the colonies would add
+nothing to their welfare. To this it was replied, that the repayment was
+intended to be made from profits the colonies would divide with the
+London capitalist, which, except for his assistance, could not be
+obtained.</p>
+
+<p>The last business address of Arthur to his council, expressed his
+antipathy to the London bank, and his hope that the monopoly attempted
+would not be successful. He asserted that the proprietary, an absentee
+body, had no interest but their own to regard, while the local banks
+were colonial in every sense. These were his views of finance, and they
+were characteristic of the time.</p>
+
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_XIVb" id="SECTION_XIVb"></a>SECTION XIV</h3>
+
+
+<p>"The glorious 23rd of May!" Such was the day and month of 1831,
+separated by those who witnessed its achievements to everlasting renown.
+The excitement of the campaign against the blacks (see vol. ii.) had
+absorbed political animosities, and brought all parties together; but by
+this time the popularity of the governor was spent. The struggle for
+parliamentary reform agitated Great Britain, and the colonists
+determined to attempt the recovery of their rights as Englishmen. So
+lively was the interest in the affairs of Europe, that the tri-color was
+mounted by more ardent politicians. The last wave of revolution, which
+had scattered thrones, rippled on these shores.</p>
+
+<p>A meeting was called by the sheriff, and the principal speakers were the
+Gellibrands, Crombie, Cartwright, Abbott, F. Smith, Meredith, Lascelles,
+Gregson, Dunn, Jennings, Kemp, Hewitt, and Lowes: of these, none were so
+con<span class='pagenum'><a name="Page_160" id="Page_160">[Pg 160]</a></span>spicuous as Mr. Thomas Horne (a relative of the great Horne Tooke),
+afterwards puisn&egrave; judge, and who was described as the "honest barrister"
+by the admiring press. "If crushing," said the learned civilian, "is to
+be brought into operation, no doubt I shall be crushed. Let them crush
+me, and they will associate my name with the record of this meeting,
+which history will preserve to the latest period of time." The object of
+the movement was to bring under the royal notice the government of the
+colony, and to demand trial by jury, and a legislative assembly. The
+petition to the king was entrusted to the custody of Mr. Sams, who was
+proceeding to Great Britain. Whether it ever reached the throne was a
+matter of dispute: some said it had been committed to the deep, with
+much solemnity; others, that it had passed from the messenger to the
+hands of a merchant, who disregarded its fate. It obtained no reply.</p>
+
+<p>The colony had just reason to complain at the time. The supreme court
+had been closed for many months: the business of the legislative council
+detained the judge and attorney-general from their proper functions, and
+for nearly two years no gaol delivery had occurred at Launceston. Two
+persons, father and son, charged with cattle-stealing, had been two
+years awaiting trial, when they were both acquitted. The evidence
+against them was of the slightest description; yet during their
+detention domestic calamities of all kinds had overtaken them.</p>
+
+<p>The delay was still further extended by the issue of a new charter, and
+with the usual incaution of the secretary of state. This charter arrived
+1831: it nominated Mr. Pedder chief justice, and Alexander Macduff
+Baxter, puisn&egrave; judge. It made no provision for continuing process begun
+in the late court, and required colonial legislation to cure the defects
+of its details.</p>
+
+<p>Mr. Baxter, the puisn&egrave; judge elect, had been attorney-general of New
+South Wales. His relations with Darling had not been cordial, and he was
+disgraced in the eyes of the public by domestic differences: his wife
+was insane, and he himself was intemperate. Just before he left Sydney
+for Van Diemen's Land, he was bound over to keep the peace, and was
+declared insolvent. On his arrival, the royal warrant for his induction
+had not reached the colony, and after some delay he returned to New
+South Wales, and thence to Great Britain, where he died. Mr. Baxter
+ascribed his ruin to his grant from the crown: he employed<span class='pagenum'><a name="Page_161" id="Page_161">[Pg 161]</a></span> persons to
+look after his estate, and they conducted him to beggary.<a name="FNanchor_185_185" id="FNanchor_185_185"></a><a href="#Footnote_185_185" class="fnanchor">[185]</a></p>
+
+<p>The lieutenant-governor resolved, if possible, to exclude Baxter from an
+office which he could only dishonor, and passed an act, pronounced by
+the lawyers a piece of "doubtful and dangerous" legislation, by which
+the clause of the charter requiring two judges was expunged, thus
+constituting the court of one. The act of parliament, however,
+authorised the measure: the council had power to repeal or annul a
+patent, until the pleasure of the crown were known. The act was
+approved, and remains among the laws. Occasions might occur, when the
+course of justice would be arrested in a small community by requiring
+many officers to constitute a court.<a name="FNanchor_186_186" id="FNanchor_186_186"></a><a href="#Footnote_186_186" class="fnanchor">[186]</a></p>
+
+<p>The reformers were not disheartened by their failure: they assembled
+again the following year,<a name="FNanchor_187_187" id="FNanchor_187_187"></a><a href="#Footnote_187_187" class="fnanchor">[187]</a> at the request of the Hornes, the
+Gellibrands, and the Gregsons. The effort was unavailing. In 1834, it
+was renewed with still more earnestness: the former parties, reinforced
+by many important accessions, maintained the popular cause. Repeated
+disappointments excited some bitterness, which was expressed in strong
+terms.<a name="FNanchor_188_188" id="FNanchor_188_188"></a><a href="#Footnote_188_188" class="fnanchor">[188]</a> Mr. Thomas Horne reminded the home government that they
+would make "a dissatisfied and turbulent people, ready to use their
+power, and assert their rights, if necessary, by force of arms." He
+advised the oblivion of minute grievances, and said, "were the angel
+Gabriel to propose one measure, and Satan another, if he considered
+Satan's the most politic, he should have the honor of adopting it."<a name="FNanchor_189_189" id="FNanchor_189_189"></a><a href="#Footnote_189_189" class="fnanchor">[189]</a>
+But neither importunity nor threatenings prevailed.</p>
+
+<p>These efforts were renewed in the following year; but in<span class='pagenum'><a name="Page_162" id="Page_162">[Pg 162]</a></span> 1835 some of
+the chief advocates of a legislative assembly deprecated the penal
+institutions of the colony, and proposed that all convicts, on their
+arrival, should be set free: of this plan, Mr. R. L. Murray was a
+distinguished advocate.</p>
+
+<p>A deputation from the meeting for free institutions, requested the
+intercession of the governor with the crown; but he replied, that if the
+grant of free institutions, and the discontinuance of penal coercion,
+were connected by one common advocacy, the interests of the colony, of
+the crown, and of philanthropy, would demand the most serious
+precaution. He maintained that all British rights were conceded,
+"excepting the elective franchise;" and quoted with more cleverness than
+dignity, their statements of colonial opulence, to show how little they
+had suffered by a former denial of their prayers.</p>
+
+<p>Mr. Gellibrand, senior, was a person of intellectual tastes and lofty
+spirit. His early life had been spent among liberal politicians: he was
+a zealous advocate of freedom, but still more of knowledge and virtue.</p>
+
+<p>Mr. Gellibrand, junior, was a lawyer of popular talents, whose practice
+as a barrister made office of little importance, and who, when discarded
+by Arthur, opposed him with incessant vigour. His eloquence was never
+exhausted, and his learning as a lawyer obtained him consideration in
+the court, which his boldness as a pleader often threw into jeopardy.
+Mr. Thomas Horne exhibited a fervour in the popular cause, worthy his
+kinsman. The rest were chiefly settlers, and patriots from resentment or
+conviction.</p>
+
+<p>These meetings preserved the principles of constitutional freedom; and
+if they did not hasten its possession, reiterated its lessons and
+prepared for its enjoyment. Whatever temporary turmoil the meetings
+created, they were conservative of great interests, and deserve a
+grateful remembrance. These appeals to the British legislature were
+commonly accepted in silence: by the crown they were graciously received
+and forgotten. They had no perceptible influence on colonial policy, and
+only acquitted the settlers of indifference to rights, which can never
+be valued at too high a price.</p>
+
+<p>The surplus revenue, accruing from year to year, suggested to the
+secretary of state the imposition of police, and gaol expenses on the
+colony. The non-official members of the council, except one, voted
+against the appropriation. They denied that the supposed advantages
+conferred by prisoner labor, justified a claim on the colonial funds for
+the support<span class='pagenum'><a name="Page_163" id="Page_163">[Pg 163]</a></span> of a great national object; and they added this remarkable
+passage:&mdash;"The influx of moral pollution has been perpetuated, and the
+colony doomed for ever to be the gaol of Great Britain, and destined
+never to rise to any rank among the British colonies."<a name="FNanchor_190_190" id="FNanchor_190_190"></a><a href="#Footnote_190_190" class="fnanchor">[190]</a> A dim
+fore-shadowing of that universal sentiment to which the constant
+attempts to lessen the profits of prisoner labor gave rise. The revenue
+was largely dependent on the consumption of liquors, and upon habits
+which generate crime and impose expenses on the public. It received an
+appropriate destination: funds contributed chiefly by drunkards for the
+repression of criminals. Such was the apology for exactions enormous,
+when compared with the population; a view not easily impugned, except
+that in such cases the interest of the government ceases to be hostile
+to vices which increase its wealth.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_185_185" id="Footnote_185_185"></a><a href="#FNanchor_185_185"><span class="label">[185]</span></a> Letter to Darling, 1830.
+</p><p>
+Major Mudie says&mdash;"Being scarcely ever sober, he left his business to be
+done by a convict clerk, who had been a lawyer of some sort previous to
+his transportation from England."&mdash;p. 245.</p></div>
+
+<div class="footnote"><p><a name="Footnote_186_186" id="Footnote_186_186"></a><a href="#FNanchor_186_186"><span class="label">[186]</span></a> 9th Geo. iv. sec. 22.</p></div>
+
+<div class="footnote"><p><a name="Footnote_187_187" id="Footnote_187_187"></a><a href="#FNanchor_187_187"><span class="label">[187]</span></a> August 13, 1832.</p></div>
+
+<div class="footnote"><p><a name="Footnote_188_188" id="Footnote_188_188"></a><a href="#FNanchor_188_188"><span class="label">[188]</span></a> Captain Glover stated, that the events of the 23rd of May
+had been dramatised in the following strain:&mdash;The ambassador of that
+meeting was admitted to the king: "Ho, ho, Mr. Ambassador," said the
+king, "the people of Van Diemen's Land want an assembly, do they; what
+do they want it for?" The posed ambassador replies, "Because they do,
+your Majesty." "Because they do, Mr. Ambassador, is that the reason they
+gave?" "Please your Majesty, I am not certain they gave that reason."
+"What do you think of that, Goderich?" says the king. "Oh, all
+nonsense," said Goderich. The ambassador, on retiring, requested an
+answer, and was informed, "there was none." The ambassador, in his turn,
+asked the reason. "Why because we wont&mdash;that's all."</p></div>
+
+<div class="footnote"><p><a name="Footnote_189_189" id="Footnote_189_189"></a><a href="#FNanchor_189_189"><span class="label">[189]</span></a> From the <i>Tasmanian</i> report of meeting.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_XVb" id="SECTION_XVb"></a>SECTION XV</h3>
+
+
+<p>The case of Mr. William Bryan was before the public for many years. Mr.
+Bryan was an enterprising settler, and owned 11,000 acres and extensive
+herds, and was engaged in many speculations of public utility. He
+erected a valuable mill, and under his auspices a company was formed,
+which purchased a steam vessel. She was brought to the colony by Captain
+Alexander Wales: when, however, he arrived, the project was defeated by
+the altered position of Mr. Bryan's affairs.</p>
+
+<p>Samuel Arnold, a herdsman of Mr. Bryan, was convicted of cattle-stealing
+(1833), and sentenced to death. The police magistrate, Mr. Lyttleton,
+who committed him for trial, alleged against his master a culpable
+incaution, and Judge Montagu uttered a severe censure from the bench on
+the same account. Mr. Lyttleton, on going outside the court, addressed
+several gentlemen, of whom Mr. Dry was one. He remarked, that though the
+man was sentenced to die, he would do his utmost to save his life; and
+added, that another person ought to be standing in his stead. This was
+supposed<span class='pagenum'><a name="Page_164" id="Page_164">[Pg 164]</a></span> to refer to Mr. Bryan, who deputed a young friend, Mr. Lewis,
+to demand an explanation, or appoint a meeting. Not only did Lyttleton
+decline this, but he transmitted an account to the government, and the
+attorney-general prosecuted Lewis for endeavouring to provoke a duel.</p>
+
+<p>Mr. Bryan now appealed to the public, and tendered his resignation as a
+magistrate: he complained that he had been calumniated, and satisfaction
+refused. Arthur rejected his resignation, and dismissed him from the
+commission of the peace; and instantly recalled his assigned servants,
+twenty-two in number. Thus deprived of laborers, in the midst of
+harvest, his crops rotted on the ground; and his stock neglected, became
+diseased and were scattered. He was indebted to the sympathy of his
+neighbours, and to the extent of his wealth, that his property was not
+destroyed, and his credit wholly subverted. The effects of this measure
+were disastrous, and excited general distrust.</p>
+
+<p>Bryan ascribed his treatment to an early difference with Arthur. The
+land he obtained on his arrival was less than he claimed, and he
+appealed successfully to the secretary of state; but he was told by a
+friend of the governor, that this was an offence not to be pardoned: no
+man could appeal against Arthur with final impunity.</p>
+
+<p>Mr. Bryan was not altogether a martyr. He received upon the whole 4,000
+acres of land; and in a letter to Arthur, he wrote:&mdash;"Permit me to
+return you my sincere thanks (as much for the manner as the matter) of
+your very kind letter of the 11th instant. To the same principle of
+impartiality which you have evinced in my cause, I leave the increase of
+my grant, resting quite satisfied that if my exertions deserve it they
+will be rewarded."<a name="FNanchor_191_191" id="FNanchor_191_191"></a><a href="#Footnote_191_191" class="fnanchor">[191]</a> Mr. Bryan had then received 1,500 acres; he
+afterwards received 2,500.</p>
+
+<p>Mr. Bryan instituted an action against Mr. Hortle, the agent of
+government in the recall of his servants. The issue depended greatly on
+the manner of trial&mdash;whether by assessors, or a jury of twelve. The
+court possessed a discretion. The law officers asserted, and the judges
+allowed, that the colonists were disqualified by common interest to form
+an impartial judgment, and a jury was refused. Bryan then dropped the
+action, which he objected to entrust to assessors, directed perhaps by a
+member of the executive: for the same reason he withdrew his proceedings
+against the police magistrate for defamation of character. He returned
+to<span class='pagenum'><a name="Page_165" id="Page_165">[Pg 165]</a></span> England: sought redress from the ministers, but in vain. On this
+case the opinion of impartial persons can hardly err. Yet the right of
+the governor to withdraw men, though not to be exercised in a wanton and
+destructive manner, was hardly to be disputed. The opinion of the
+English law officers of the crown favored that view, although it would
+be dangerous to take their version as decisive. "We," say they, "are
+clearly of opinion, that under the 9th section of 9th Geo. iv. c. 83,
+governors can revoke assignment of a convict, of whose sentence it is
+not intended to grant any remission; and we think there is nothing
+against the apparent policy of the act which militates against that
+construction."</p>
+
+<p>For carrying a challenge to Mr. Lyttleton, Lewis was put on his trial.
+The conventional turpitude of the offence wholly depended on the
+provocation. A magistrate could not be covered by his privilege when
+standing in the street, and announcing his opinions to the loungers
+there; but Lyttleton, himself the sole witness, denied the words
+imputed, and his cross-examination was impeded by the court. Lewis read
+a written defence, and reproached the attorney-general with prosecuting
+an offence recently committed by himself: for this the accused was fined
+&pound;10 by the judge, who advised him to retire and revise his notes. On
+resuming his speech, he was again stopped and fined. Complaining that
+the course required by his defence was unjustly obstructed, he became
+silent. A military jury found him guilty; and the judge condemned him to
+pay &pound;150, and suffer an imprisonment of eighteen months.</p>
+
+<p>The aspersion of the character of a magistrate by an imputation so
+serious, was the sole alleged justification of the challenge. The words
+attributed to the police magistrate, Lyttleton, he had denied; but, on
+his return home, became convinced by the testimony of Mr. Dry, sen.,
+that he had sworn falsely. He communicated this impression to the
+attorney-general, but without result.</p>
+
+<p>The conduct of Judge Montagu, on the trial of Lewis, was represented as
+harsh and captious; but was explained by subsequent disclosures. A
+clever barrister, who secretly advised the accused and framed his
+defence, went into the judge's room, before the sitting of the court,
+and in conversing with Montagu intimated the very improper course Lewis
+intended to take. Montagu replied, he would certainly fine him. It was
+under these suspicions, that he began the trial: he was thrown off his
+guard, and the prosecution<span class='pagenum'><a name="Page_166" id="Page_166">[Pg 166]</a></span> involved in an irreparable mistake. When the
+court sat to sentence the accused, the lawyer was there to urge the
+illegality of the conviction.</p>
+
+<p>Lewis complained to the secretary of state, who referred his case to the
+law officers of the crown, who asserted "that it is an unwarrantable
+proceeding, on the part of a judge, to fine an accused party for saying
+anything which he may consider essential to his defence, provided it
+shall be consistent with public decorum." The secretary of state
+directed compensation: this, a board estimated at &pound;1,700. The governor
+was, however, desirous of depriving Lewis of the indemnity, and the
+legislative council resolved, seven to four, that the observations of
+Mr. Lewis were not within that qualification; and requested that, if the
+secretary of state persevered in his determination, he should pay the
+complainant from the land fund. Such resistance was obviously official,
+and without moral weight, and the money was eventually paid.</p>
+
+<p>Several months after the departure of Mr. William Bryan for Great
+Britain, his nephew, Mr. Robert Bryan, and another, were charged with
+cattle-stealing. The constables who professed to watch the prisoners,
+alleged that they saw the animal in question driven homeward by the
+accused, and on the second day following discovered the skin thrown into
+the scrub. Witnesses contradicted the constables, who were all prisoners
+of the crown, in some material points. The young man was sentenced to
+death. The capital penalty was not inflicted; but it was the popular
+notion that he was the victim of a conspiracy.</p>
+
+<p>The young man, Robert Bryan, was tried on two separate indictments, and
+such was the evidence, that many unprejudiced persons concurred in the
+verdict: yet the witnesses against him were open to suspicion. It was
+commonly asserted that he was sacrificed; if not by the contrivance,
+with the concurrence of the government.</p>
+
+<p>The trial was reported by the <i>Colonial Times</i>. The editor, Mr Henry
+Melville, pointed out in strong language the suspicion of unfairness;
+the dependence of the jury; the presence of the governor at Launceston
+during the trial; the infamous character of certain of the witnesses;
+and the overruling a challenge of a juror by the prisoner. The remarks
+of Melville were carried beyond the tolerated bounds of public
+criticism; the attorney-general, Stephen, induced the court to issue an
+attachment. The defendant was required to admit the authorship: this
+being done, the judge whose<span class='pagenum'><a name="Page_167" id="Page_167">[Pg 167]</a></span> conduct he had censured pronounced the
+sentence.<a name="FNanchor_192_192" id="FNanchor_192_192"></a><a href="#Footnote_192_192" class="fnanchor">[192]</a> To judge, condemn, and imprison, at once and by the party
+offended, included all that tyranny could ask. Any reference to the
+proceedings of a court, which the judge might choose to pronounce a
+libel, might consign to perpetual imprisonment. A similar case, at
+Newfoundland, was discussed in the House of Commons, and the ministers
+joined the opposition in severely reprehending the practice. The papers
+published the debate, and Arthur slowly obeyed the signal, and gave
+Melville his liberty.</p>
+
+<p>Motions for attachment have not often disgraced the administration of
+justice: they are relics of barbarous times. This process was issued
+against Fawkner, the editor of the <i>Launceston Advertiser</i>, who escaped
+by an apology; and it was moved for by the attorney-general, Stephen,
+against Murray and Melville, for calling an affidavit of the
+solicitor-general&mdash;to the effect that a fair trial could not be obtained
+in Bryan's case with a colonial jury&mdash;"an extraordinary document!" The
+judges dismissed the application, when Stephen remarked, that he
+"thanked God he despised the observations, as well as the scoundrel-like
+motives which influenced them."</p>
+
+<p>The intermixture of cattle of various owners, in the extensive forests
+belonging to the crown in the northern districts, afforded opportunities
+for plunder, and frequently occasioned disputes and quarrels. The
+herdsmen were often careless and dishonest, and their masters were
+liable to share the reproach of their mistakes or guilt. The marks
+distinguishing such property easily escaped the memory: it was often
+left to the choice of the magistrate to commit for felony, or resign the
+dispute to a civil tribunal.</p>
+
+<p>The constabulary were mostly prisoners of the crown. Their office
+entitled them to an earlier attainment of their liberty than other
+convicts: the detection of a serious crime gave them claims for a still
+quicker liberation; and the desire of freedom prompted them to lay
+snares for persons suspected, and even to commit a crime that they might
+charge it on the innocent. Thus, they would sometimes slaughter a
+branded beast, and throw its skin on the premises of the selected
+victim. Such atrocious wickedness was certainly not common, but that it
+sometimes occurred is beyond all doubt.<span class='pagenum'><a name="Page_168" id="Page_168">[Pg 168]</a></span></p>
+
+<p>Captain Serjeantson, of the 40th regiment, a gentleman connected with
+several opulent settlers, was murdered (1835). The family collected
+&pound;500: to this the governor added &pound;100 more, for the discovery of the
+murderer, who was found to be Hunt, a bushranger, afterwards shot by a
+small settler, and who dying confessed the crime. In this case, a
+constable, Drinkwater, proposed to another to earn their free pardons.
+The plan sketched was to deposit shot in the hut of a man at Campbell
+Town, who was suspected, resembling that extracted from the body of the
+deceased. A constable, invited as an accomplice, betrayed the project;
+not, however, until the proof of its existence was indisputable. The
+same constable had proposed to throw a sheep stolen from the flocks of
+Mr. Willis, on the premises of a man, "on whom there was a down."</p>
+
+<p>The intentional encouragement of perjury cannot be imputed to the
+government; but necessity induced a most perilous laxity of feeling.
+Thus on a trial, the judge not only stopped the case, but committed the
+prisoner policemen for perjury: these persons were discharged by the
+attorney-general, and established again as constables. Their oaths had
+already produced several capital convictions, and they became qualified
+to accuse and convict the most upright men. The ignorant police agents
+considered that the successful prosecution of any person, regarded by
+their officers with hatred, would entitle them to benefits; and even the
+prisoners in service discriminated between those whom they might accuse
+with impunity, and such as were protected by their connections. Nor was
+this all: in the height of political excitement, a prisoner was arrested
+in the neighbourhood of Mr. Gregson's dwelling, who avowed his intention
+to assassinate that gentleman, in the expectation of a reward.</p>
+
+<p>The affair of Mr. Bryan increased the anxiety of the colony to obtain
+trial by jury, independent of the court and the influence of the
+executive. By the custom of England, this privilege could only be
+suspended by martial law, when the ordinary courts were closed: wherever
+the authority of the crown was recognised, the accused was entitled to
+trial by his peers. Nothing could be more alien from the habits of
+Englishmen, than to lodge the functions of grand jury in the hands of an
+officer of the crown, or commit life or liberty to the verdict of a
+military jury. A paramount necessity required the practice for a time;
+but a change was delayed, by the hesitation of the government, long
+after the colonies contained a body of freemen.<span class='pagenum'><a name="Page_169" id="Page_169">[Pg 169]</a></span></p>
+
+<p>The decision of Judge Forbes, instanced in a former page, which
+determined that the common law right remained with the session of
+magistrates, had been acted on for a time. Emancipists sat on these
+juries, and exulted in the privilege. Their press, in publishing the
+list, distinguished the members of their body by affixing stars (*) to
+their names. The act of parliament (1828) set aside the interpretation
+of the judge; but when it took away the common law right, it gave power
+to the crown to authorise the institution of juries, at the discretion
+of colonial legislatures. Thus an ordinance entitling to trial by jury
+in civil cases, was established in New South Wales (1829). The chief
+justice strongly favored the eligibility of emancipists, who were three
+times more numerous than the immigrant population. The non-official
+members of the council were generally opposed to their admission; but
+the measure was carried by ten against five. Thus, although the trial of
+criminal causes still remained with the military, the courts could not
+withdraw civil wrongs from the verdict of civilians. By this act the
+officers of government were liable to some responsibility, and in
+several instances were cast in damages, notwithstanding the efforts of
+the crown to defend them.</p>
+
+<p>While civil jurors were confined to civil issues, they sat in the box
+occupied at other times by the military jury. An officer had amused his
+leisure, while sitting on a trial, by tracing caricatures of the civil
+jurors, and writing libels on the benches. Thus insulted, they appealed
+to the court for protection. The judge was unwilling to interfere; but
+being pressed, remarked, that were the authorship traced to a military
+juror, he would close his court rather than intrust to such hands the
+administration of justice (1830).</p>
+
+<p>The hostility of the opulent emigrants to the eligibility of emancipists
+was intense and lasting. This was still more active when the trial of
+criminal issues passed into their hands (1833). They asserted that the
+criminal at the bar was too literally tried by his peers, and that
+scenes disgraceful to public justice were enacted in the retiring room.
+It required all the authority of the court to repress antipathies so
+openly avowed. The rancour excited by this question is scarcely
+credible: a gentleman addressed the judge from the box before he was
+sworn, and asked if he was expected to deliver a verdict with twice
+convicted felons? Appearances of partiality and corruption were quoted
+to prove the pernicious effect of their admission. The magistrates,
+usually hostile to the measure, returned as fit<span class='pagenum'><a name="Page_170" id="Page_170">[Pg 170]</a></span> and proper persons,
+those whom they knew would disgrace the box. Some flagrant cases were
+exhibited as specimens of the whole: a juror, out on bail for
+horse-stealing, resolutely acquitted another charged with
+cattle-stealing, and was convicted himself. Thus, it was said, returns
+to the summons of jurors, in one instance, was "hanged;" in another,
+"transported for life."</p>
+
+<p>These were certainly blemishes, but they were magnified into radical and
+incurable defects (1835). The complaints of the gentry, induced Governor
+Bourke to take the opinion of the judges and the law officers of the
+crown: on the whole, they were fully satisfied with the result of the
+law. It was remarked by a judge, that the accused would sometimes choose
+a military jury, or a jury of twelve, according to the nature of the
+offence: in cases of aggravated violence they often preferred a military
+jury, but where conflicting testimony was likely to occur, they
+preferred the greater number, only as less likely to agree. Forbes
+stated that the chief difficulty was confining the juries to the
+question of fact; but their verdicts had generally satisfied him. It was
+the opinion of the judges, save Mr. Justice Burton, that trial by jury
+had been too long deferred, and that benefit would result from its
+unqualified adoption.<a name="FNanchor_193_193" id="FNanchor_193_193"></a><a href="#Footnote_193_193" class="fnanchor">[193]</a></p>
+
+<p>In Van Diemen's Land, an ordinance was passed (1830), permitting the
+judge to allow a jury in civil cases, whenever it was desired by either
+party. The names were twenty-four: from these both parties struck out
+six, and the remaining twelve were the jury. The first trial occurred
+1830 (Butler <i>v.</i> Bent), in an action for libel, contained in a series
+of letters written, or acknowledged, by Wells, an emancipist, and signed
+"Simon Stukely." They were afterwards collected into a volume. The chief
+persons in the colony were described with considerable spirit, but with
+the usual injustice of anonymous satire.<span class='pagenum'><a name="Page_171" id="Page_171">[Pg 171]</a></span><a name="FNanchor_194_194" id="FNanchor_194_194"></a><a href="#Footnote_194_194" class="fnanchor">[194]</a></p>
+
+<p>The danger to the fortunes of the people was more severely felt than the
+peril of their liberty and lives. Thus a public meeting, demanding trial
+by jury, was held in 1834: an address was presented to Arthur by a
+deputation. In urging the amendment of the law, they referred to the
+extraordinary powers possessed by the government. Arthur, in reply,
+professed a liberal desire to gratify their wishes; but denied that he
+possessed extraordinary powers, or that "they required to be watched
+with more than usual jealously." He had, however, deferred the
+establishment of British laws to the last possible moment, and certainly
+possessed great powers; on the whole, more capable of perversion than
+any ever known in a British colony.</p>
+
+<p>The attorney-general, Alfred Stephen, was desirous of substituting for
+the assessors a jury of seven, instead of twelve. His project was
+opposed by Mr. Kemp, and indeed very generally disapproved. It was
+argued, that the chances of influence multiply as the number of jurors
+are decreased, and that the national practice was the only safe guide.
+The amount of discussion that attended the dispute was prodigious:
+pamphlets, and letters without end. The prejudice of the people was,
+however, on the right side: although there is nothing sacred in an ancient
+number, the retrenchment must have increased the facility of corruption.
+The law, as it ultimately passed, removed the danger, by giving either
+party a right to demand a jury; and to the party against whom the
+application was made, a choice between a petty and special jury; but
+three-fourths were taken as the whole, after six hours deliberation.</p>
+
+<p>This act was framed in virtue of an order of council by the king in
+1830. It provided that in criminal prosecutions where the governor, or
+any inferior officer, civil or military, could be interested in the
+result of a trial, a jury taken from the special jury list should try
+the issue.<a name="FNanchor_195_195" id="FNanchor_195_195"></a><a href="#Footnote_195_195" class="fnanchor">[195]</a></p>
+
+<p>To Arthur the colonists were not indebted: the secretary of state had,
+long before, announced the determination of the government in favour of
+the measure. It was not carried out until nearly four years after its
+authorisation. The removal from the colony of the stigma of military
+juries, was delayed until 1840, when the trial of crimes and
+misde<span class='pagenum'><a name="Page_172" id="Page_172">[Pg 172]</a></span>meanours was entrusted to the hands of the inhabitants, and the
+grand bulwark of public and private freedom raised in Tasmania.</p>
+
+<p>The convictions for perjury were not numerous: the whole system partook
+of the unsoundness of its elements, and the inhabitants were indebted
+for their safety to those principles of humanity, which, in the absence
+of interest and passion, regulated the measures of the government, and
+restrained its agents from atrocious conspiracies.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_190_190" id="Footnote_190_190"></a><a href="#FNanchor_190_190"><span class="label">[190]</span></a> Signed by C. Swanston, T. Anstey, J. Kerr, C. M'Lachlan,
+R. Willis, W. A. Bethune.</p></div>
+
+<div class="footnote"><p><a name="Footnote_191_191" id="Footnote_191_191"></a><a href="#FNanchor_191_191"><span class="label">[191]</span></a> Letter produced by Mr. Kelsy, of the Colonial office.</p></div>
+
+<div class="footnote"><p><a name="Footnote_192_192" id="Footnote_192_192"></a><a href="#FNanchor_192_192"><span class="label">[192]</span></a> Twelve months imprisonment, &pound;200 fine, and sureties in
+&pound;500 for two years.</p></div>
+
+<div class="footnote"><p><a name="Footnote_193_193" id="Footnote_193_193"></a><a href="#FNanchor_193_193"><span class="label">[193]</span></a> <i>Par. Pap.</i> 1837.
+</p><p>
+6th Geo. iv. c. 5, disqualified a person to serve convicted of any
+capital offence, except free pardoned.
+</p><p>
+7th &amp; 8th Geo. iv. c. 28. sec. 13, gave to a conditional pardon under
+the sign manual the same effect as great seal.
+</p><p>
+In cases not capital, service had the effect of free pardon: 9th Geo.
+iv. c. 32. sec. 3.
+</p><p>
+All the laws of England were adopted by the Act of 1828: thus the
+disqualification for jurors, in cases capital, was taken away.
+</p><p>
+Judge Forbes stated, that in civil issues the juries had some difficulty
+in comprehending the distinction between law and fact: <i>ad questionem
+facti respondent juratores, ad questionem legis judices</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_194_194" id="Footnote_194_194"></a><a href="#FNanchor_194_194"><span class="label">[194]</span></a> The original Simon Stukely was a quaker, who went to
+Turkey with an intention of converting the Grand Turk: he narrowly
+escaped decapitation, by the interposition of the English ambassador. He
+was afterwards confined in an asylum: in answer to inquiries how he came
+there, he replied&mdash;"I said the world was mad, and the world said I was
+mad; and they out-voted me."</p></div>
+
+<div class="footnote"><p><a name="Footnote_195_195" id="Footnote_195_195"></a><a href="#FNanchor_195_195"><span class="label">[195]</span></a> Passed, 5th November, 1834.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_XVIb" id="SECTION_XVIb"></a>SECTION XVI</h3>
+
+
+<p>The <i>True Colonist</i> newspaper was published daily during 1835: the
+editor, Mr. Gilbert Robertson, filled its columns with strictures on
+government, and in a style which might be termed heroic, if inspired by
+truth. The rashness of his imputations was never surpassed. He heaped on
+the governor, and the members of his administration, charges of
+misdemeanour and felony. One day he denounced them at the police-office,
+and the next printed his accusations <i>verbatim</i>. He libelled the
+governor (whom he accused of altering a deed after its enrolment) in a
+paper, headed "a fearful discovery;" and declared him not less deserving
+than others of a capital conviction. Robertson charged an overseer of
+Arthur with feloniously receiving hay for the governor's use, and with
+his connivance. His nephews, Captains Forster and Montagu, were each
+accused of a felonious appropriation of property belonging to the crown.
+For these imputations, Robertson suffered fine and imprisonment;<a name="FNanchor_196_196" id="FNanchor_196_196"></a><a href="#Footnote_196_196" class="fnanchor">[196]</a> in
+part remitted by the clemency of Arthur. Such charges were a buckler to
+the governor against the current scandal of the time. They were
+transmitted to the colonial-office: they destroyed the moral weight of
+the press, and<span class='pagenum'><a name="Page_173" id="Page_173">[Pg 173]</a></span> cast suspicion on just complaints, yet emanating from a
+community which tolerated such extravagance.</p>
+
+<p>It is not to be inferred that the opponents of Arthur's government,
+generally sanctioned these excesses. The violence of periodical writings
+resulted partly from the paucity of topics, and was mainly a necessity
+of trade. The limited field of discussion huddled all disputes into a
+squabble. The writers could not forget the names of their antagonists:
+they espoused with vehement zeal the trivial quarrels of this or that
+functionary; officers, who were dismissed, supplied anecdotes of those
+left behind, which were worked up in every form. The want of ideas and
+information would have withdrawn many writers from the combat, had they
+not possessed CAPITALS, exclamations (!!!!), and dashes&mdash;officered by
+epithets of horror, as an army of reserve. These attempts to impart
+energy to weakness, and terror to insignificance, gave to the articles
+of many old newspapers the aspect of auction bills, rather than
+political disquisitions.</p>
+
+<p>The reader of a better era may fancy this description shaded; but the
+writer, in preparing this work, has explored many a volume, and shudders
+at the memory of his toils: he would not assign them to his worst enemy.
+Such were not all: there were writers on either side, whose opposition
+was discriminating, and who enlightened the understanding without
+debasing the taste. The press was the more licentious, because nothing
+else was free; but it raised a barrier against official corruption. Men
+of integrity were annoyed, but rarely injured. It intimidated the
+corrupt, and protected the oppressed. Considered in detail it was often
+detestable; but it prevented mischief more serious and lasting.</p>
+
+<p>These contentions embittered colonial life: they were daily renewed. The
+topics they embraced were rarely interesting beyond the moment: they
+filled the ephemeral publications of the day, and they now lie entombed
+in those repositories of the literary dead.</p>
+
+<p>From 1831 to the termination of Arthur's government, the circulation of
+newspapers prodigiously increased: the improvement of the postal
+establishment facilitated their spread. Settlers, who delighted in their
+controversies, or dreaded their censure, subscribed to them all. With a
+few honorable exceptions they rivalled each other in recklessness of
+statement and roughness of diction. No lover of truth will accept their
+testimony, or transmit their praises.<span class='pagenum'><a name="Page_174" id="Page_174">[Pg 174]</a></span> They were often what they were
+denominated by the chief justice&mdash;"a moral guillotine."</p>
+
+<p>The spirit of contention was promoted by the peculiar fabric of society.
+The great majority of the colonists were below the period of human life,
+when the temper becomes cautious and the passions calm. Its narrow
+sphere magnified their temporary importance. Every man might claim, or
+forfeit benefits the government could bestow, and thus multitudes had
+personal grievances, or unsatisfied expectations. The hostilities of the
+day were almost invariably associated with some sense of individual
+wrong. A grant of land desired by one, was given to another; a valuable
+servant was denied on some public pretence, and then assigned to a
+favored applicant. One found his mercantile tenders always rejected,
+while another, by some unintelligible process, engrossed the custom of
+the crown. A youthful stranger was invested with the honors of a
+justice, when colonists of long standing were left undistinguished. The
+infractions of rule involved one master in public disgrace; another, was
+a licensed transgressor. Such was the complaint, which might be easily
+illustrated by examples; but they are such as a knowledge of mankind
+will amply explain, and are inevitable when the form of government is
+arbitrary, and where its functions enter into all the details of private
+life.</p>
+
+<p>This was felt towards the close of Arthur's administration, and many,
+not prone to party strife, were anxious for its termination. The
+meetings to petition were more frequent, and assumed a more general
+character. As the causes of dissension became better understood, the
+patronage of the governor ceased to be considerable, and no colonist was
+a lover of unprofitable despotism. These sentiments prevailed in both
+penal colonies.</p>
+
+<p>A "political association" was formed in Van Diemen's Land: a standing
+council was organised, under the auspices of certain leading
+politicians, who discussed the measures deemed necessary to amend their
+social and political condition. Mr. Thomas Horne, the secretary of this
+body, opened a correspondence with the governor, and endeavoured to
+direct his attention to its complaints. Arthur declined recognising his
+credentials, without an express sanction from the crown. The
+association, however, carried on its debates. The council deliberated in
+public: the members were assembled in the body of the hall, and
+spectators were admitted to the gallery. Their proceedings were reported
+in<span class='pagenum'><a name="Page_175" id="Page_175">[Pg 175]</a></span> the newspapers, but with party coloring. By Dr. Ross they were
+turned into bitter ridicule: his remarks were retorted with cruelty and
+insult. A storm collected around him he could not disperse, and he laid
+down his pen soon after, with expressions of ill-concealed anguish.<a name="FNanchor_197_197" id="FNanchor_197_197"></a><a href="#Footnote_197_197" class="fnanchor">[197]</a></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_196_196" id="Footnote_196_196"></a><a href="#FNanchor_196_196"><span class="label">[196]</span></a> "I charge Mr. Fitzpatrick, late overseer of the
+government farm, with stealing or embezzling a quantity of hay, the
+property of the crown; and one John Compton, the overseer of Colonel
+Arthur's farm at the Marsh, with receiving the hay. I also charge Mr.
+Davidson, late superintendent of the government garden, with embezzling,
+and Captain Forster with receiving, four Norfolk Island pines, value
+&pound;20, the property of the crown. I have another distinct charge against
+Captain Forster, and one against Captain Montagu, for stealing or
+receiving certain building materials, the property of the crown."&mdash;<i>True
+Colonist</i>, Feb 26, 1835.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_XVIIb" id="SECTION_XVIIb"></a>SECTION XVII</h3>
+
+
+<p>The recall of Arthur, long anticipated by his enemies, at length
+arrived. Some months before, he had been informed by the secretary of
+state, that "having continued him in his government for the unusual
+period of twelve years, the crown intended to name his successor." On
+the recommendation of Mr. Huskisson, the duration of an ordinary
+government was limited to six years: special reasons withdrew Van
+Diemen's Land from the operation of this rule.</p>
+
+<p>The ministerial changes at the seat of empire left Arthur's influence
+unimpaired. The variations of national policy rarely reached his sphere.
+Unwelcome orders he managed to modify or evade. The difficult nature of
+his duties, the distance of his government from supervision, and the
+weakness of the free population, enabled him to assume and maintain for
+many years a discretion all but unlimited. The state of the colony on
+his arrival has been already noticed. The measures he adopted to coerce
+and control the convict population, and to subdue the aborigines, will
+be found in the second volume of this History. He repressed the outrages
+of the lawless, and restored comparative tranquillity. Under his
+auspices the chief town, which he found consisting of a few frail
+dwellings, assumed the aspect of a commercial city. Many, he received in
+chains, were established in social happiness: many immigrants, who
+arrived with slender resources, had risen to opulence.</p>
+
+<p>A series of forty-seven statistical tables, prepared by the colonial
+secretary, his nephew, exhibit a progress then almost unexampled. In
+1836, the revenue had increased from &pound;16,866 to &pound;106,639; the imports
+from &pound;62,000 to &pound;583,646; the exports from &pound;14,500 to &pound;320,679; mills
+from 5 to 47; colonial vessels from 1 to 71; churches from<span class='pagenum'><a name="Page_176" id="Page_176">[Pg 176]</a></span> 4 to 18: the
+population had risen from 12,000 to 40,000; and every branch of public
+and private enterprise exhibited the same general aspect.</p>
+
+<p>It would be absurd to ascribe to Arthur even the main credit of these
+results: they were the effect of that spirit of industry which ever
+characterises the native of Great Britain, and which nothing can wholly
+extinguish. Nor was this prosperity without alloy. The unproductive
+improvement encouraged, was sometimes unhealthy. The settlers were
+deeply involved: the valuation of property was raised beyond reasonable
+calculation. The pleasing delusion was cherished by the members of the
+government, whose official and private interests concurred to dupe them.
+Happy were they who sold. Arthur left many who, acquiring his favour by
+the extent of their outlay, and the vigour of their enterprise, were
+laden with debts from which they never recovered, and a prey to
+perpetual solicitude.</p>
+
+<p>The great demand for sheep and cattle, created by the establishment of
+new colonies, gave a temporary respite: flocks were sold at &pound;2 per head,
+and were purchased in large quantities. These ameliorations were only
+transient, and the wide regions open to adventure lessened the worth of
+those properties which had been valued by the farms of Great Britain,
+not the unpeopled wilds of New Holland.</p>
+
+<p>A just estimate of Arthur's administration, must include all the
+peculiarities of his position, and the complicated interests he held in
+trust, whether they relate to the imperial government, the free, or the
+bond. The measures best for the colony were not always compatible with
+the design of its establishment. Nor must we forget that, in surveying
+the past we have lights which rarely attend the present; that much which
+experience may amend, it is not possible for wisdom to foresee.</p>
+
+<p>The primary object of the crown in colonising this island, was accepted
+by this governor as the chief aim of his policy. The settlement of free
+men he considered but subsidiary to the control and reform of the
+transported offender: their claims, their duties, and their political
+rights were, in his view, determined by their peculiar position. They
+were auxiliaries hired by royal bounties, to co-operate with the great
+machinery of punishment and reformation. As the representative of the
+crown, he stood off from the colonists in their sympathies and ultimate
+views. Employed not to build up a free community of Englishmen, but to<span class='pagenum'><a name="Page_177" id="Page_177">[Pg 177]</a></span>
+hold in check the criminality of an empire, with him the settlement was
+an institution requisite to the effective execution of penal laws. Such
+he found it: such he desired to mould its growth, <i>and to prolong its
+destination</i>. Thus, except in the capacity of employers, he regretted
+the arrival of free men, and warned the ministers of the crown, that by
+their encouragement of emigration, they were destroying the value of
+bond labor, the dependence of the settlers, and the adaptation of the
+island for the purposes of a prison.</p>
+
+<p>Thus, in his official correspondence with colonists on subjects of a
+political nature, Arthur always avowed hostility to liberal ideas, and
+scoffed at their solicitude for the common rights of English people.
+While the opposition could avail, he resisted the liberty of the press,
+trial by jury, and open discussion of legislative measures. His remarks
+were often in a tone austere and reproving; nor did he think himself
+obliged to preserve that dignified complaisance which softens the
+differences of political life. The settlers were expected to stay at
+home, to keep their servants in custody, to denounce their infractions
+of penal rule, and as the "materials of prison discipline," (so they
+were denominated) to carry out a judicial sentence. They knew, before
+they came, they must sacrifice British rights, and with the political or
+social influence of transportation, beyond their own fences, they had no
+concern.</p>
+
+<p>As an officer of the army, the profession of Arthur was not unfavorable
+to the main purpose he avowed: the process he conducted was, of
+necessity, harsh and imperative. In the selection of instruments, he
+preferred military men: they were without colonial scruples, and when
+the government was unconcerned, perhaps, without partiality. They were
+deficient in legal knowledge, and as magistrates sometimes overlooked
+the material facts; but they despised the reproaches of the press, and
+the censures of civilians.</p>
+
+<p>In the course of his administration, Arthur had most places at his
+temporary disposal: he filled them, wherever possible, with his friends;
+and he left his nephews in the highest appointments within their
+professional capacity. Arthur drew out a minute detail of official
+subordination: the duties prescribed for his officers were defined with
+labored exactness, and the reins of control met in his hands. Everything
+was referred to himself, and his instructions were definite, and
+generally irrevocable. Many persons appointed by the crown were
+dismissed, or thrown off, by his contrivance. Accident placed many
+offices in his provisional<span class='pagenum'><a name="Page_178" id="Page_178">[Pg 178]</a></span> gift. Baxter, a judge elect; Gellibrand, an
+attorney-general; Ferreday, a sheriff; Thomas, a treasurer; Burnett, a
+colonial secretary; O'Ferrall, a collector of customs; and many in lower
+station, relinquished or lost their appointments, by the determination
+of his inflexible and unflinching will. The forfeiture was sometimes
+obviously just; but it was a maxim of his government to fill the
+departments with persons who knew no patronage except his own. Among
+them were candidates for the same gifts, who looked for fortunes beyond
+the limits of their duties: they cultivated farms; became competitors
+for prisoner labor; and speculators in commerce. The supreme court and
+the newspapers were often occupied by their recriminations: sometimes
+they exchanged challenges, and sometimes writs. The colonists in
+opposition saw, not without some gratification, dissensions which seemed
+to weaken the common enemy; and the press was often enriched by the
+malice of official pens. Many were, however, too wise to quarrel: their
+quiet industry enabled them to combine their public and private
+employments, without scandal, and with success. They were, indeed,
+accused of peculation; but specific charges were generally rebutted, and
+can now only be noticed as a rumour, and dismissed as detraction.</p>
+
+<p>The officers trained under Arthur acquired his tact, and imbibed his
+spirit: the least deemed himself something superior to the richest
+trader, or the most enterprising colonist. The sub-divisions among
+themselves were minute and rigorously enforced. They were, however,
+subject to vicissitudes. Those who lost their appointments furnished the
+material of libels: reported the peculations and duplicity of their late
+colleagues, and often became distinguished for their patriotism.</p>
+
+<p>The patronage permitted to Arthur was enormous: to a large extent he was
+the almoner of the crown. Thus disaffection became highly penal: a
+quarrel with a magistrate, or a friendly intercourse with persons under
+a ban, exposed the delinquent to serious pecuniary loss. These
+considerations were avowed.<a name="FNanchor_198_198" id="FNanchor_198_198"></a><a href="#Footnote_198_198" class="fnanchor">[198]</a> The dread of injury made the timid
+servile,<span class='pagenum'><a name="Page_179" id="Page_179">[Pg 179]</a></span> and corrupted private intercourse. A secret influence pervaded
+every rank: society was embittered by suspicions and the dread of
+denunciation; and had not the growth of population decreased the
+comparative power of the government, or had its original plan been
+perpetuated, it must have formed a community of slanderers and slaves.
+The intentions of the governor, however just, could not save him from
+the falsehood of spies, and thus the perpetration of wrong. It was early
+announced that opponents would be "crushed." The extent of the "crushing
+system" was greatly exaggerated, and even the course of good government
+was commonly ascribed by the sufferer to official enmity and avarice.</p>
+
+<p>The industry of Colonel Arthur was constant: his attention to the
+details of his government, and his perseverance as a despatch writer
+were universally admitted: a large proportion of his time he spent in
+his office, and toiled with an assiduity which would have been fatal to
+ordinary men. It was commonly stated that he was not very accessible;
+but he willingly heard those whose education and habits qualified them
+to suggest. Persons of every rank were admitted to an audience on a
+slight pretence. He was quick in estimating the characters and
+capacities of all who approached him.</p>
+
+<p>The executive council was useful to Arthur, without obstructing his
+measures. When he resolved on a project, he would nominate a board, and
+obtain its sanction. When his private views were opposed to his
+instructions he affected impartiality, and seemed to yield rather than
+to guide. These artifices were well understood; but the colony often
+approved the object, and admired the ingenuity of its execution. A new
+colonial minister, in the hurry of his office, gladly surrendered to the
+governor's judgment a question often beyond his comprehension, and which
+to resist it was necessary to understand. Thus it was ordered to execute
+public works by contract instead of the gangs; to levy a tax on convict
+labor; to retain men seven years in chains. Boards, or commissions,
+which gave him the aspect of a mediator or judge, advised him to
+postpone and<span class='pagenum'><a name="Page_180" id="Page_180">[Pg 180]</a></span> quash the disagreeable order or restriction. Thus during
+his government his influence was paramount, and inferior functionaries
+were satellites who obeyed his impulse, or were driven from their
+spheres.</p>
+
+<p>The chief justice alone could pretend to independence: by his seat in
+both councils he possessed a voice in the enactment and administration
+of the laws&mdash;a subject of continual suspicion and complaint, and really
+dangerous whenever the government was a party. The chief justice
+ultimately resigned his seat in the executive council (1835). The
+secretary of state had declared in parliament that legislative and
+executive offices were incompatible with the proper functions of a
+judge.</p>
+
+<p>The great works of Arthur were attributed by his opponents to sinister
+motives: those most frequently mentioned were the new wharf at Hobart
+Town, the road to Richmond, and the Bridgewater causeway. Arthur
+benefited by his fore-knowledge. The imputations of personal injustice
+or corruption were unfounded: what he gained, others did not lose,
+except by the common risks of a sale. Thus the property of the Rev.
+Robert Knopwood, whom he was said to defraud, was several times in the
+market: it was offered by advertisement many years before: its future
+appropriation to commerce was predicted, and was described to enhance
+its price. It was offered by Mr. Knopwood to Mrs. Hodgson for &pound;800: it
+was purchased by Mr. H. Jennings, a nephew of Mr. Gellibrand, senior,
+without reference to Arthur; and was finally sold to his agent at a
+small advance. The new wharf rendered the purchase highly advantageous;
+but there was neither deceit nor oppression.</p>
+
+<p>The great work he began at Bridgewater, where a magnificent causeway
+forms the abutment of a bridge which connects both banks of the Derwent,
+was a task of many years: many thousand pounds in value lie buried.
+Arthur had estates in its vicinity. The other charges of corruption are
+of a similar nature, even less substantial than these.</p>
+
+<p>But although many of his works will perpetuate his memory while the
+country lasts, they could only be justified by their connexion with
+penal arrangements. The discipline prescribed did not admit of rapid
+movement or wide distribution. Huts were necessary for the convicts,
+houses for their officers, and various stores; and it was only on
+extensive excavations that labor could be inspected with success. The
+waste of expenditure was rather apparent than real. The objects
+contemplated were not colonial; and thus,<span class='pagenum'><a name="Page_181" id="Page_181">[Pg 181]</a></span> if the local obligation is
+lessened, the ground of complaint is diminished.</p>
+
+<p>During his government, Arthur became wealthy: his estates were numerous,
+and their sale realised a large amount. That he acquired them improperly
+is not even capable of suspicion; that he applied clandestinely the
+means afforded by his office to improve them, is equally destitute of
+evidence. Nor is it easy to see how a community can be injured by the
+outlay of capital acquired in its service, or the interest of its
+officers in the soil. The moral weight of government was compromised far
+more by the air of mystery which veiled, than the corruptions which
+debased it. The outcries raised against the disposal of land in special
+instances, were often misdirected: many deviations from strict
+impartiality were prescribed by the secretary of state, whose discretion
+was unlimited by regulations. Arthur was silent, and his character
+suffered: he despised reproach, which notwithstanding impaired his
+influence for good. Just before his recall, Mr. William Bryan made
+statements before the Commons of mis-appropriation of crown lands, which
+had been the text of colonial articles without number, when a secretary
+from the colonial-office stated that the more serious were unfounded;
+that many were ministerial acts; and the whole series were reduced to
+comparative nothingness.<a name="FNanchor_199_199" id="FNanchor_199_199"></a><a href="#Footnote_199_199" class="fnanchor">[199]</a> While Arthur had the power, he was not
+sparing in its use: he endowed his friends. Nor is it incredible, that a
+private service to himself detracted nothing from weight of public
+obligation.</p>
+
+<p>Arthur was no fickle or hesitating patron, and the qualities he approved
+are nearly allied to virtue: he appreciated humanity, sobriety,
+industrious habits, and religious decorum. Respectable men, who did not
+question or cross his path, might usually calculate on his complaisance.
+But those who reckoned up his estates; numbered the benefits conferred
+on his friends; estimated the cost of his government; or criticised his
+public works; found that he did not fear, although he detested them. The
+imperial officers cared not in what direction his patronage was turned,
+and their nominees experienced and praised his generous discretion.</p>
+
+<p>The impressions of devout men were usually favorable to<span class='pagenum'><a name="Page_182" id="Page_182">[Pg 182]</a></span> Arthur: he told
+them his objects and trials with apparent humility and devotion. He
+listened with deep attention to their plans of usefulness, and talked,
+especially of the prisoners, in strains of christian compassion. His
+sanction was given to every benevolent scheme, and he gathered around
+him a very large proportion of those persons who care more for the
+circulation of religious knowledge than the civil enfranchisement of
+mankind. The ready countenance of their labors lessened, in their view,
+his civil faults. Nor can it be denied, that the decorous habits of the
+governor confirmed his religious pretensions. Wherever he appeared,
+ribaldry and drunkenness vanished. The open licentiousness of public
+officers he did not tolerate, except the offenders were distinguished by
+official cleverness.</p>
+
+<p>Addresses from all denominations of Christians expressed their
+admiration of his religious sympathies and his moral worth; and in the
+most bitter outburst of party spirit, his domestic character was never
+assailed. The testimony of Messrs. Backhouse and Walker, members of the
+Society of Friends, would generally be adopted by most persons of their
+class:&mdash;"Our first interview with Colonel Arthur gave us a favorable
+impression of his character as a governor and a christian, which further
+acquaintance with him strongly confirmed. He took great interest in the
+temporal and spiritual prosperity of the colonists, and the reformation
+of the prisoner population, as well as in the welfare of the black
+inhabitants."<a name="FNanchor_200_200" id="FNanchor_200_200"></a><a href="#Footnote_200_200" class="fnanchor">[200]</a></p>
+
+<p>Messrs. Backhouse and Walker were authorised by the Society of Friends,
+and sent on a religious mission to these colonies: they brought a letter
+of introduction from the secretary of state, Lord Goderich, requesting
+the governor to forward their benevolent object.</p>
+
+<p>The more violent opponents of Arthur, connected with the press,
+afterwards retracted their opinions; but their statements must be read
+with equal caution, whether they censure or praise.<span class='pagenum'><a name="Page_183" id="Page_183">[Pg 183]</a></span><a name="FNanchor_201_201" id="FNanchor_201_201"></a><a href="#Footnote_201_201" class="fnanchor">[201]</a></p>
+
+<p>A collection was made by Arthur's friends in token of their regard,
+supposed to exceed &pound;1,000 in value. It, however, indicated rather their
+liberality than their number: individual contributions were not limited.
+The addresses were signed by many who were conciliated by his moral
+sentiments, but disapproved of his government; they however, seemed to
+justify the ministerial applause which crowned his administration. Sir
+George Grey referred to these tokens of esteem, as evidence of
+popularity, and the contentment of the people.<a name="FNanchor_202_202" id="FNanchor_202_202"></a><a href="#Footnote_202_202" class="fnanchor">[202]</a></p>
+
+<p>Arthur held his last lev&eacute;e on the afternoon of his departure:<a name="FNanchor_203_203" id="FNanchor_203_203"></a><a href="#Footnote_203_203" class="fnanchor">[203]</a>
+several hundreds were present, collected from all parts<span class='pagenum'><a name="Page_184" id="Page_184">[Pg 184]</a></span> of his
+government. He proceeded with the chief officers, civil and military, to
+the beach, where the 21st Fusileers awaited him: multitudes attended his
+progress; the wharf was crowded with spectators; a hundred boats
+surrounded the government barge, and followed him to the ship. The
+vessels in the harbour were decorated, and his numerous friends gave the
+usual demonstrations of favour. In these feelings many did not
+participate: some followed him with hisses and groans; others
+illuminated their houses in token<span class='pagenum'><a name="Page_185" id="Page_185">[Pg 185]</a></span> of joy. Some fell into the hands of
+the police, overpowered by their excessive gladness. Having gone through
+the ceremony of embarkation he returned to his office, and spent the
+night in completing his last labors. Adverse winds detained the vessel,
+and he passed the Sabbath in sight of that country where his name can
+never be forgotten; and where monuments more durable than brass, formed
+by his care, will remain to the end of time.</p>
+
+<p>The manners of Arthur were formal; his tastes moral; his temper
+vindictive. He approved the right, and usually followed it; but his
+resolution once taken, he did not hesitate. He devoted all who opposed
+him: and those whom he could not conciliate, if possible, he bore down.
+The sentiment of religion, however, did sometimes triumph over his
+antipathies. His contest with Mr. Gellibrand, the barrister, continued
+many years; but they met at the sacrament shortly before their final
+separation. Arthur approached the seat where Gellibrand was sitting, and
+offered his hand. This being misunderstood, a prayer-book was tendered
+him: he then explained, that before they joined in the solemnity which
+had brought them there, he was anxious for reconciliation.</p>
+
+<p>Such only who know little of man, and of those conflicting passions
+which attain alternate ascendancy in the human breast, will survey with
+distrust a scene like this. In the presence of the Almighty the loftiest
+mind may bend without meanness, and recognise the moral grandeur of a
+forgiving spirit.</p>
+
+<p>A few months after the departure of Arthur, Mr. Joseph Tice Gellibrand
+lost his life. He visited Port Phillip, a place which long engaged his
+thoughts: in company with Mr. Hesse, a barrister, he set out to explore
+the interior; they missed their way. The guide who attended them was
+convinced of danger: he could not prevail on them to change their route,
+and he returned alone. Their long absence occasioned anxiety, and
+parties of their friends attempted to track them: they found that when
+in company with the guide they had crossed the Byron, instead of the
+Leigh, their intended course; they then travelled on about fifteen miles
+by the river side, and over a plain, and entered a wood soon impervious
+to horsemen: then their track was lost. For several years, efforts were
+made to solve the mystery of their fate. In 1844, the natives directed
+Mr. Allen, a gentleman of credit, to a spot where they stated a white
+man had been murdered: there he discovered human<span class='pagenum'><a name="Page_186" id="Page_186">[Pg 186]</a></span> bones, but no evidence
+by which identity could be established. Beyond this, nothing certain is
+known.</p>
+
+<p>On his return to Great Britain, Arthur was received with favour by the
+ministers. He was created a knight, and appointed governor of Upper
+Canada: afterwards, he obtained a similar office in India.</p>
+
+<p>Sir George Arthur cannot be withdrawn from the rank of eminent
+functionaries; and his administration, on the whole, is entitled to more
+than respectful remembrance.<span class='pagenum'><a name="Page_187" id="Page_187">[Pg 187]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_197_197" id="Footnote_197_197"></a><a href="#FNanchor_197_197"><span class="label">[197]</span></a> <i>Ross's Almanack</i>, 1837.</p></div>
+
+<div class="footnote"><p><a name="Footnote_198_198" id="Footnote_198_198"></a><a href="#FNanchor_198_198"><span class="label">[198]</span></a> Mr. Meredith, of Swanport, captured bushrangers; but
+after their trial was anxious to intercede for their lives. He applied
+to the police clerk, a ticket-of-leave holder, for a copy of his own
+deposition, and that of his servant: this, not uncommon, was called a
+breach of trust. The clerk was punished, and Meredith warned that he
+would receive no more servants, except he could explain his conduct. A
+report reached the government, that himself and Mr. Amos set the
+magistrates of the territory at defiance, and he was told his servants
+would be probably recalled. This was a practical application of Arthur's
+views, before expressed to the same settler. The governor maintained,
+that when the secretary of state authorised a grant of land, it did not
+confer a claim on the government for the assignment of servants (<i>Letter
+to Mr. Meredith from the Colonial Secretary</i>, 1828). It was alleged,
+that the conduct of Meredith had been inimical to the government, and to
+the maintenance of internal tranquillity.</p></div>
+
+<div class="footnote"><p><a name="Footnote_199_199" id="Footnote_199_199"></a><a href="#FNanchor_199_199"><span class="label">[199]</span></a> At p. 148 of this volume, it is said, that an
+attorney-general (Stephen) received an additional grant for improvements
+he never made. This, Mr. Stephen contradicted, and stated that when he
+obtained his maximum grant he was not in office. The statement was made
+by Mr. Bryan before a committee of the House of Commons.</p></div>
+
+<div class="footnote"><p><a name="Footnote_200_200" id="Footnote_200_200"></a><a href="#FNanchor_200_200"><span class="label">[200]</span></a> <i>Backhouse's Narrative</i>, p. 15.</p></div>
+
+<div class="footnote"><p><a name="Footnote_201_201" id="Footnote_201_201"></a><a href="#FNanchor_201_201"><span class="label">[201]</span></a> "At the time to which he (Mr. Hall, of the <i>Monitor</i>)
+refers,&mdash;we say it with the deepest regret&mdash;we suffered ourselves to be
+influenced by a set of heartless, self interested beings, whose opinions
+we blindly adopted, and to whose objects we were the dupe. Other
+circumstances produced a state of excitement which can never again exist
+here, because it can never be again endured."&mdash;<i>Tasmanian</i> (Mr. R. L.
+Murray), June 25, 1833.
+</p><p>
+"We were forced into opposition by what we conceived to be an act of
+unmerited, unprovoked injustice, which we resented; and the perpetration
+of which led us to listen, and to be influenced, by the opinions of
+those into whose intimate associations we were drawn. We thereby
+provoked persecution, which we resented: we were prejudiced by these
+persecutions, and our opinions and the expression of our feelings were
+influenced by this feeling of unmerited suffering, and by the opinion of
+those into whose association we were driven." ... "If we have, in our
+editorial capacity, wronged any man, we sincerely ask their forgiveness;
+and wishing health and prosperity to every man in the colony, we now bid
+adieu to our editorial pen for ever."&mdash;Mr. Gilbert Robertson's legacy:
+<i>True Colonist</i>, December 28, 1844.</p></div>
+
+<div class="footnote"><p><a name="Footnote_202_202" id="Footnote_202_202"></a><a href="#FNanchor_202_202"><span class="label">[202]</span></a> Speech, 18th of April, 1837.</p></div>
+
+<div class="footnote"><p><a name="Footnote_203_203" id="Footnote_203_203"></a><a href="#FNanchor_203_203"><span class="label">[203]</span></a> The legislative council adopted an address, which
+expressed a warm admiration of his character.
+</p><p>
+"The members immediately proceeded in a body to the great entrance of
+the government-house, where they were received by a military guard with
+presented arms; and the procession, headed by his honor the chief
+justice, Pedder, were conducted to the grand room, where they were
+received by his excellency, surrounded by the officers of his staff. The
+chief justice addressed his excellency in a short but very handsome
+manner, to the effect, that the members of the late legislative council
+waited upon his excellency with an address which had been voted
+unanimously, and which, engrossed on vellum and signed by each
+individual, he then held in his hand, and would proceed to read. His
+honor did so, in a most distinct and impressive manner. Having
+concluded, his excellency commenced to read his reply, in which he had
+proceeded but little when his feelings&mdash;the agitation of which was
+evidently pressing strongly upon him with each word&mdash;so overcame him,
+that he was unable to continue, and burst into tears. There was not a
+single individual present who did not enter warmly and sincerely into
+his excellency's feelings, and, perhaps, no governor ever received a
+more affectionate testimony of regard and attachment than was then
+elicited. The following is his excellency's reply:
+</p><p>
+'The address which you have presented to me, I most highly appreciate,
+every member, without exception, having expressed his sentiment in terms
+so acceptable to my feelings, is the most satisfactory testimony I could
+receive&mdash;that my endeavour to direct the important business which has
+devolved upon this council in a conciliatory spirit, has been
+successful. Whilst the utmost liberty of debate has been exercised,
+undeviating harmony and good feeling have prevailed.
+</p><p>
+'The testimony you have spontaneously borne to the successful result of
+my labours in administering the affairs of this government, complicated
+and embarrassing as they have often been from the peculiar character and
+circumstances of the colony, is most gratifying to my feelings.
+</p><p>
+'To carry into the most complete effect the great object of
+transportation, which has rendered the introduction of some unpopular
+laws absolutely necessary, to suppress the depredations of convicts
+illegally at large, to form a secure and efficient penal settlement, to
+conciliate the aboriginal inhabitants, and to protect the settlers from
+their fatal attacks, to encourage pastoral and mercantile pursuits, to
+foster religion and morals, and to provide for the education of the
+poor, to maintain the laws of the country, and firmly to carry into
+effect the regulations of the government, have all been measures which
+have required the most laborious supervision.
+</p><p>
+'Yet all these have been far less embarrassing than the anxious duty
+which devolved upon me for so many years of apportioning the lands of
+the crown amongst the settlers according to their respective means of
+improving them, and of impartially considering their claims in the
+disposal of assigned servants, for these were measures which affecting
+directly every settler's personal interests, almost daily brought his
+personal feelings into action in approving or condemning the policy of
+government.
+</p><p>
+'In all these matters, I have felt the full weight of responsibility in
+contending with the extreme practical difficulties which have almost
+daily presented themselves, and which I never could have successfully
+withstood, but from the support I have uniformly received, not only from
+the members of the executive and legislative council, and from the
+officers of the government, to whom I am greatly indebted, but from the
+great mass of the community, to whom through you, on your return to your
+several districts, I request I may be permitted to convey my most
+grateful acknowledgements, and sincere thanks, requesting them to be
+assured, that I shall ever most highly appreciate the encouragement I
+have ever received at their hands, the strength which my government has
+derived from it, and the gratifying testimonies which I have received of
+their feelings towards myself personally, since I received the
+intelligence of his Majesty's intention to appoint my successor.
+</p><p>
+'None but those who have had personal experience of the extreme delicacy
+of adjusting conflicting interests&mdash;of maintaining the just rights of
+the crown without encroaching upon the reasonable expectations of the
+people, can fully appreciate the value and importance of the support of
+the community as a body. If my labours have been great, so has been my
+reward. I have witnessed the most extraordinary rise, perhaps ever known
+within so short a period, in the value of property. The foundation is
+now firmly laid, enterprise and the desire to improve have full scope,
+and their results will be, I anticipate, increasingly developed every
+year.
+</p><p>
+'Having presided over the legislative council from the period of its
+constitution, now ten years ago, I cannot take my leave of you without
+the most lively emotions, and whilst I am most deeply sensible of your
+invariable kindness and forbearance towards myself, permit me to request
+for my successor a continuance of that support which you have so
+cheerfully and zealously during so long a period extended to me.
+</p><p>
+'Gentlemen, with the most sincere wishes for your future prosperity and
+happiness, I now bid you farewell.
+
+</p><p style="text-align: right">'<span class="smcap">George Arthur</span>.<br /></p>
+'<i>To the Members of the Legislative Council</i>.'"<br />
+<p style="text-align: right"><i>&mdash;Tasmanian</i>, August 19, 1836.<br />
+</p></div>
+</div>
+
+<p><span class='pagenum'><a name="Page_188" id="Page_188">[Pg 188]</a></span></p>
+
+<hr style="width: 65%;" />
+<h2>HISTORY OF TASMANIA</h2>
+
+<h2>FROM 1836 TO 1843</h2>
+<p><span class='pagenum'><a name="Page_189" id="Page_189">[Pg 189]</a></span></p>
+
+
+
+<hr style="width: 65%;" />
+<h2>FROM 1836 TO 1843</h2>
+
+<h3><a name="SECTION_Ic" id="SECTION_Ic"></a>SECTION I</h3>
+
+
+<p>Before the departure of Colonel Arthur, the brigade-major of the
+military district, Lieutenant-colonel Kenneth Snodgrass, C.B., arrived
+at Hobart Town from Sydney. He was sworn in as acting
+Lieutenant-governor on the 31st October, 1836. He had attained a
+military reputation in the Burmese war, of which he published a
+narrative. He was cordially received, and his temporary relations were
+too brief to leave any impression on colonial affairs.</p>
+
+<p>The appointment of Sir John Franklin, Captain in the Royal Navy, and
+Knight of the Guelphic Order of Hanover, was announced by Sir George
+Grey in the House of Commons, April 13th, 1836. He was presented to the
+king by Lord Glenelg, on the 20th August, and embarked in the <i>Fairlie</i>,
+on the 27th. He was accompanied by Captain Maconochie, late secretary of
+the Geographical Society, and one of the professors of the London
+University; and by the Rev. William Hutchins, in whose favour Van
+Diemen's Land was erected into an archdeaconry. Sir John Franklin
+assumed the government on the 6th January, 1837.</p>
+
+<p>The nomination of Franklin was acceptable to the colony. His profession,
+his career, and character, were considered auspicious. He had
+accompanied the illustrious Flinders on his voyage of discovery, and was
+at Sydney when the first party left that port to colonise this island.
+During thirty-four years, he had himself obtained great nautical renown:
+his intrepidity, his sufferings, his humanity and piety, had been often
+the theme of popular admiration, and were not unknown in Tasmania. The
+colonists were resolved to give him an appropriate welcome. He saw with
+astonishment the signs of wealth and activity, in a country which he
+only remembered as a wilderness. Crowds followed him with acclama<span class='pagenum'><a name="Page_190" id="Page_190">[Pg 190]</a></span>tions:
+addresses, couched in language of eulogy and hope, poured in from every
+district. The progress of the governor through the colony was attended
+with feasting, balls, and public festivities. On his entrance into
+Launceston, he was escorted by three hundred horsemen and seventy
+carriages: the streets were thronged; the windows were crowded by fair
+spectators, who shared the general enthusiasm. The private settlers
+received him with unsparing hospitality: he was both oppressed and
+delighted with the signs of popular joy. The hearty frankness of his
+replies was contrasted with the official coldness ascribed to his
+predecessor. He repeatedly reminded the colonists that, although
+ambitious of their favour, the duties of his station would probably
+oblige him to disappoint their desires. He assured them that he came
+among them without prejudice, and determined to "see with his own eyes,
+hear with his own ears, and judge with his own judgment."</p>
+
+<p>On his return to the seat of government, Franklin addressed a despatch
+to Lord Glenelg, containing an exulting description of his tour. He had
+seen the colony in its holiday dress, and all parties had mingled their
+acclamations. He depicted, with expressions of astonishment, the easy
+circumstances and general intelligence of the settlers, and especially
+noticed their exertions to acquire religious and educational advantages.
+His lordship replied that this report confirmed his estimate of
+Franklin's predecessor. In his first minute to the legislative council,
+Franklin pronounced an eulogium on Arthur's services, and laid on the
+table a despatch of the secretary of state, of similar import.</p>
+
+<p>The admirers of the late governor were gratified by these flattering
+tributes; but they were not without risk to Franklin's general
+popularity. The party of Arthur was dreaded by the opposition, and was
+still powerful; nor was it difficult to perceive that past animosities
+had lost but little of their vigour. Captain John Montagu had been
+recently confirmed as colonial secretary, and Captain Matthew Forster
+held the office of chief police magistrate. Most details of government
+were transacted in their offices. They were both clever men: they
+exercised considerable local influence, especially Montagu, in
+connection with the Derwent Bank. Their advice Franklin could not easily
+evade. Thus the policy of their distinguished relative survived in his
+nephews. Franklin was scarcely seated, when the press professed to
+discover that he was an instrument in the hands of the "Arthur
+faction."<span class='pagenum'><a name="Page_191" id="Page_191">[Pg 191]</a></span></p>
+
+<p>Arthur, anxious for the welfare of his relatives and friends, commended
+them to the confidence of his successor. Many unsettled claims were left
+to his final decision. Colonists aggrieved by the late governor, when
+their appeals for redress to Franklin (not unfrequently inequitable)
+were unavailing, fancied that their former antagonists still turned the
+course of justice. The sanguine hopes excited by an auspicious name,
+gradually gave way, and the governor was assailed with remonstrances,
+which enlarged into reproaches by a rapid growth. A design was commonly
+imputed to the advisers of Franklin to render him unpopular, and thus
+the late ruler an object of regret; they slighted, however, the
+reproaches they had been accustomed to despise.</p>
+
+<p>"The lingering traces" of discord, were distressing to Franklin. In
+answer to an address from Richmond, which deplored the absence, and
+invoked the restoration, of social peace, he expressed his anxiety with
+touching ardour:&mdash;"With my whole heart I agree with you. Let us be
+divided then, if we cannot be united in political sentiments, yet knit
+together as friends and neighbours in everything beside. Let us differ
+where honest men may differ; and let us agree, not in undervaluing the
+points of political dissent, but in respecting the motives which may
+produce it; in cherishing domestic virtues, which will be found to
+characterise individuals of every party, and in making the generous
+sacrifice of private feelings for the general good, rather than
+aggravating the importance of grievances, which must render such
+forbearance impossible." These sentiments, not less charming for their
+amiable spirit than happy in expression, are important as maxims of
+political life, and they depict the main difficulty of the governor's
+position.</p>
+
+<p>To promote the harmony of parties, Franklin considerably added to the
+list of magistrates: persons, discountenanced by Arthur, were placed on
+a level with their late antagonists. But selection is difficult where
+many are candidates. Free settlers of all sorts were equally eligible by
+their wealth, and made equal pretensions. Thus when the list was issued,
+it was received with mockery and laughter; and, said the scorners, all
+the "coat tails,"&mdash;rarely worn, except by free men&mdash;contain a
+commission. They were certainly numerous&mdash;large, in proportion to the
+emigrant adult population; but who can extinguish the flames of envy
+without kindling contempt! To further his conciliating policy, Franklin
+nominated to his council Mr. W. E. Lawrence, a gentleman of wealth and
+intelligence, and great<span class='pagenum'><a name="Page_192" id="Page_192">[Pg 192]</a></span> liberality of opinion. An early disagreement
+with Arthur had been aggravated by frequent irritation, and excluded Mr.
+Lawrence from a station, for which his qualifications were many.</p>
+
+<p>But the government was disquieted by internal discord. Judge Montagu and
+the attorney-general had quarrelled in open court: Mr. Stephen had eaten
+sandwiches in the judge's presence, so it was said, and had delayed a
+trial. Montagu assailed him with a virulence scarcely tolerated even at
+the bar. Without awaiting his defence, the judge poured forth a torrent
+of reproof, among which the following: "No, sir; in your official
+capacity I shall always treat you with the courtesy and respect due to
+you. Were you elsewhere, I should treat you, after your conduct, with
+less courtesy than a dog."</p>
+
+<p>Such quarrels were little regarded by Arthur; but when the authority
+fell into the hands of Franklin, the altercations of parties were less
+disguised, and the moral weight of government seriously injured. The
+attorney-general resigned is appointment; and shortly after, as a judge,
+obtained the object of professional ambition. Mr. Stephen, while the law
+officer of the crown, was said to display eminent legislative skill: his
+drafts often elicited considerable opposition, and he did not disdain to
+explain the principles he embodied in his measures, whenever they were
+seriously questioned by the public.</p>
+
+<p>Before his removal from the colony, Mr. Alfred Stephen promoted a
+petition to the crown, for the concession of British institutions: an
+instance remarkable for the unanimity of the colonists, and the friendly
+countenance of the governor. It was almost universally signed (June,
+1838); but, like its predecessors, unavailing.</p>
+
+<p>The opinions adopted by Captain Maconochie on convict discipline, and
+which placed him in opposition to every colonial party, rendered his
+dismissal necessary; but it deprived the governor of a long cherished
+friend, and who, in happier circumstances, might have greatly
+facilitated his affairs. Thus Franklin stood alone; and the nephews of
+Arthur absorbed the influence, which subordinate officers rarely
+acquire, without rendering their chief contemptible.</p>
+
+<p>Many efforts had been made to obtain admission to the public during the
+sittings of the legislature. The members had been long released from the
+oath of secresy, and their votes, and even the substance of their
+speeches, were occasionally known. Franklin determined to throw open
+the<span class='pagenum'><a name="Page_193" id="Page_193">[Pg 193]</a></span> doors of the council chamber (1837), and expressed a conviction
+that the freedom of public discussion, founded on accurate knowlege,
+would confirm the measures, or correct the wanderings of the
+legislature. At the first sittings of the council, the novelty of the
+privilege secured an attendance at the debates; but the desultory and
+heavy discussions soon tired the patience, and members pointed with
+exultation or regret to those deserted benches, where patriots had vowed
+to watch the course of legislation.</p>
+
+<p>The principle of open debate is, however, invaluable: reporters were
+there, and the public could read in an instant what it required hours to
+gather. Nor is the exercise of a privilege necessary to establish its
+worth: the title to be present belonged to the whole people, and Britons
+esteem and acknowledge a real treasure in a right. An open threshold,
+although rarely darkened by guests, is the pledge that all is honest
+within.</p>
+
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IIc" id="SECTION_IIc"></a>SECTION II</h3>
+
+
+<p>To compose ecclesiastical claims has ever been among the most difficult
+functions of the civil government. Franklin found the relations of the
+churches unsettled, and among his earliest measures was one to define
+the objects, and fix the amount of clerical pay.</p>
+
+<p>The chaplains appointed for the Australian colonies by the crown, had
+been always ministers of the church of England: the greater part of the
+population, mostly prisoners of the crown or their descendants, were
+members of the Anglican church. Thus expediency corroborated the
+exclusive claims of the clergy to the spiritual oversight of the
+colonies. It was, however, impossible to obtain qualified clergymen of
+the English church, in sufficient numbers to supply the penal
+establishments. Thus the government employed ministers of other
+denominations, chiefly the wesleyan, as religious instructors; sometimes
+with the express sanction of the chaplains. In the country, catechists
+were appointed with the concurrence of Archdeacon Scott, who, however,
+were often members of dissenting communions.</p>
+
+<p>At this time, the doctrinal views of the various denomina<span class='pagenum'><a name="Page_194" id="Page_194">[Pg 194]</a></span>tions were in
+general harmony: the standards of the church of Scotland, the
+declaration of the congregationalists, and the articles of the church of
+England, are of the same general import. The wesleyans, and the society
+of friends, entertain some opinions at variance with these symbols; but
+in their ordinary teaching, all parties employed nearly the same
+theological and devotional terms. Their views of church government, and
+of ritual observances, were the chief points of dissonance; but in
+scattered settlements of recent formation these distinctions were rather
+matters of recollection than of practice. There were no diocesan, no
+presbyterial or other courts. In the towns the denominations maintained
+their exclusive forms and separate teachers; but controversial divinity
+was excluded by common consent from rural ministrations; and wherever
+christian ministers presented themselves in this character they were
+welcome, and in any other almost unknown. It was not possible, or
+perhaps desirable, that this interchange should last: experience has
+shown that organisation is requisite to permanent vigour; but when
+bodies of professors ranged under their separate banners, their general
+sympathies were lost in the corporation spirit.</p>
+
+<p>Unless as temporary agents in the instruction of prisoners, the
+government did not recognise the title of any, except the Anglican
+clergy, to the patronage of the crown. Others were favored with sites
+for their churches, and in some instances with assistance in rearing
+them; but at that time land was granted to private persons, and loans of
+mechanics were allowed to assist the settler in building his dwelling.</p>
+
+<p>The emigration of respectable families from Scotland produced an
+important revolution: they, it is alleged, constituted one half of the
+free settlers in the country districts. Their attachment to that form of
+christianity which is professed in North Britain, was not weakened by
+their migration.</p>
+
+<p>The Rev. A. Macarthur, ordained a missionary minister by the united
+associate synod of Scotland, arrived in Van Diemen's Land in 1823: the
+first presbyterian clergyman established in this hemisphere. The
+innumerable sections of presbyterians differ with each other, chiefly on
+grounds almost unintelligible out of Scotland.</p>
+
+<p>The arrival of John Dunmore Lang, D. D., in New South Wales (1823), was
+an important event in the ecclesiastical history of the Australian
+colonies. Although an ordained<span class='pagenum'><a name="Page_195" id="Page_195">[Pg 195]</a></span> minister of the church of Scotland, he
+received no assistance or special authorisation; but, according to his
+account, "set forth a solitary friendless wanderer." The different sects
+of presbyterians welcomed him at Port Jackson, and the foundation of a
+church was immediately laid. His supporters, contrary to his advice,
+applied to Sir Thomas Brisbane for pecuniary aid, such as the catholics
+had received already. The applicants were rejected with reproach, and
+were told that it would be time enough to ask assistance, when they
+should prove themselves equally deserving. To this Lang retorted, that
+Scotsmen did not ask toleration; and, unless degenerate, would vindicate
+those rights, the swords of their fathers had won. These warlike papers
+were published in London, and Lord Bathurst spontaneously expressed his
+regret "that his excellency had put to their probation ministers of the
+church of Scotland in the colony&mdash;the established church of one of the
+most enlightened and virtuous portions of the empire;"<a name="FNanchor_204_204" id="FNanchor_204_204"></a><a href="#Footnote_204_204" class="fnanchor">[204]</a> The governor
+was ordered to pay &pound;300 per annum to Dr. Lang, as a stipend.</p>
+
+<p>Dr. Lang, thus successful, henceforth disputed the preferable claim of
+the Anglican church in every form: he celebrated marriages by bans, when
+he was refused a governor's license; and when the registration act, of
+1825, required every pastor to certify his ecclesiastical acts to the
+parish minister, to be inserted in a general register, he questioned the
+existence of a parish, and the ordinance was upset. The idea of an
+established clergy was thus violently shaken, and Lang naturally
+detested as an ambitious innovator.</p>
+
+<p>The weight of the ecclesiastical establishments in the penal colonies
+had been very considerable. The churches, some of great cost, had been
+built wholly at the expense of the treasury; the inferior officers were
+also paid or provided by the government.<a name="FNanchor_205_205" id="FNanchor_205_205"></a><a href="#Footnote_205_205" class="fnanchor">[205]</a> The principal chaplains
+were members of the legislative councils, and were consulted on most
+measures relative to religion.</p>
+
+<p>Mr. Commissioner Bigge recommended the crown to reserve lands for the
+endowment of the church; and in 1824, a "church and school corporation"
+was created in New South Wales: one-seventh of the crown lands were
+granted for their use; for the endowment of a bishopric,<span class='pagenum'><a name="Page_196" id="Page_196">[Pg 196]</a></span> parochial
+ministers, and schools. The expense of managing this corporation
+exceeded its revenue. Dr. Lang visited England, and protested against
+its object and enormous cost. By the recommendation of Archdeacon
+Scott,<a name="FNanchor_206_206" id="FNanchor_206_206"></a><a href="#Footnote_206_206" class="fnanchor">[206]</a> it is said, all these lands, excepting certain glebes, were
+resumed by the crown, and the church and school corporation was
+dissolved.</p>
+
+<p>The colonial governors never questioned the status of the episcopal
+clergy as the established church. A presbyterian congregation in New
+South Wales, who had sustained their form of worship without a minister
+for many years, applied, through Dr. Lang, for assistance in supporting
+a clergyman. They were informed that the governor rejoiced in the
+liberality they had already displayed, and did not doubt its future
+sufficiency! At Bothwell, where a great majority of presbyterians
+resided, Arthur stipulated that the church erected at their
+solicitation, should be given up whenever a minister of the "established
+church" might arrive in the district. Even money to assist the erection
+of St. Andrew's Church, Hobart Town, was, at first, lent on the bond of
+Messrs. Hopkins and John Walker, lest the secretary of state should
+demand its repayment.</p>
+
+<p>The agitation of ecclesiastical rights was discouraged by the
+government, and the social dependence of the settlers silenced the
+murmurings of discontent. Arthur, little inclined to weaken the
+exclusive claim of the Anglican church, gave but &pound;100 per annum to two
+ministers of the presbyterian church stationed in the interior, and &pound;150
+to the minister at Hobart Town; and when the presbyterians of Launceston
+applied for similar help, the refusal was decided and cold: they were
+informed that, in the opinion of the governor, the episcopal church was
+fully sufficient for the wants of the town. They were not, however,
+discouraged, and applied to Dr. Lang, who soon sent them a minister&mdash;the
+Rev. J. Anderson.</p>
+
+<p>The title of the English clergy to exclusive support, became a question
+of great imperial moment. The discontent in Canada led to a canvas of
+the subject in the British parliament, and it was avowed by Sir George
+Murray,<a name="FNanchor_207_207" id="FNanchor_207_207"></a><a href="#Footnote_207_207" class="fnanchor">[207]</a> the<span class='pagenum'><a name="Page_197" id="Page_197">[Pg 197]</a></span> secretary of state, that the principle of a dominant
+church was both pernicious and untenable. He recommended the practice of
+sharing fairly among all churches the revenues appropriated to religion.
+These views were soon published in the Australian papers: they gave a
+new aspect to the relations of ecclesiastics, and opened a way for a
+definite arrangement.</p>
+
+<p>On receiving an order of the king in council, dissolving the church and
+school corporation, Governor Bourke addressed a despatch to the
+secretary of state.<a name="FNanchor_208_208" id="FNanchor_208_208"></a><a href="#Footnote_208_208" class="fnanchor">[208]</a> He observed, the time was come to settle the
+public policy in reference to religion, and that to erect a dominant
+church would produce incessant hostilities, and that without a chance of
+its permanence; he therefore proposed to give support to the three grand
+divisions of christians&mdash;of the churches of England, Scotland, and Rome;
+to assist them in erecting their places of worship, and paying their
+ministers, yet at a rate which would leave their clergy partly dependent
+on voluntary contributions. He recommended the appointment of an English
+bishop and a Scots' presbytery. Against this course, he remarked, it
+might be objected that an equitable claim was raised in behalf of other
+bodies of christians, and even jews; "this, however, was an objection to
+the theory, not likely to interfere with the practical benefits of the
+plan."</p>
+
+<p>The opinions of Bourke were favorable to the voluntary
+principle<a name="FNanchor_209_209" id="FNanchor_209_209"></a><a href="#Footnote_209_209" class="fnanchor">[209]</a>&mdash;the only policy which allowed a proper reverence for the
+rights of all; but he thought the special circumstances of New South
+Wales demanded the neglect of minor inequalities. Notwithstanding, in
+the church act of that colony, as it actually passed, all christian
+sections were entitled to participate in the public bounty.</p>
+
+<p>Two years had elapsed from the date of the despatch, when Lord Glenelg
+expressed his concurrence with the outlines drafted by Bourke, and
+admitted that to select one church for endowment, "even were it
+advisable in other respects, would<span class='pagenum'><a name="Page_198" id="Page_198">[Pg 198]</a></span> not be long tolerated."<a name="FNanchor_210_210" id="FNanchor_210_210"></a><a href="#Footnote_210_210" class="fnanchor">[210]</a> The
+moderator of the synod of Australia addressed his lordship (Glenelg), to
+express their "unmingled gratitude and joy" at the happy settlement of
+their affairs; and requested, that should the heads of the other
+churches be seated in either council, the same honor might be conferred
+on a delegate from their own. Lord Glenelg replied that it was not
+intended to grant to ecclesiastics a seat in council. The publication of
+these despatches created considerable interest in Van Diemen's Land: the
+presbyterians especially renewed their claims, and asserted the parity
+of their status with the sister establishment.</p>
+
+<p>Arthur, on assembling the council of Van Diemen's Land, presented these
+documents, and observed that in a remarkable degree they accorded both
+with his opinions and his suggestions. A day was devoted to the
+discussion of the subject, when all the unofficial members of the
+council concurred in commending their adoption as the basis of Tasmanian
+legislation. Thus, in the spirit of this resolution, the salaries of the
+presbyterian ministers were slightly augmented; the wesleyans gratified
+with &pound;400: considerable sums were set apart for the erection of
+churches. &pound;200 were offered to the Rev. Frederick Miller; but the
+principles of the independents reject stipends from the state: &pound;500
+were, however, lent for the liquidation of the chapel debt&mdash;in reality a
+donation. The congregation were not restrained by the noble example of
+their minister; and reconciled their consciences to an evasion of their
+creed, by excuses never long wanting to those who diligently seek them.</p>
+
+<p>These measures were generally approved, and Arthur calculated that the
+more equal "distribution of the revenue would suppress every factitious
+cause of discontent." He stated that "religious discussion and hostility
+had been little known, or rather altogether unknown;" and he expressed a
+hope that the visit of Bishop Broughton, then expected, would "offer an
+opportunity sought for by all denominations, to manifest their
+consciousness that there is in our common Christianity a bond of
+union."<a name="FNanchor_211_211" id="FNanchor_211_211"></a><a href="#Footnote_211_211" class="fnanchor">[211]</a></p>
+
+<p>The crown erected the Australian colonies into a see (1836). Dr.
+Broughton was consecrated first bishop: the event was considered
+auspicious to the episcopal church. Addresses from its members welcomed
+the prelate during his first visitation, and efforts were made to secure
+the possession of ground still destitute of clerical culture.<span class='pagenum'><a name="Page_199" id="Page_199">[Pg 199]</a></span></p>
+
+<p>The proclamation of a see within the colonies, erected by letters patent
+from the crown, seemed to assert the supremacy of the Anglican
+communion. The members of the Scotish church, however, questioned the
+legality of special distinction, and maintained that the grant either of
+money or power to one body, simultaneously quickened a title in the
+other to similar privileges.</p>
+
+<p>This view was first formally announced by Mr. James Thomson, in letters
+published in the <i>True Colonist</i> (1835), and afterwards in a pamphlet,
+entitled, <i>Remarks on the Status of the Presbyterian Church in the
+British Colonies.</i> This work was accepted by Scotish colonists, as a
+just exposition of their national rights, and the church of Scotland
+affixed to the argument "the broad seal of approbation."<a name="FNanchor_212_212" id="FNanchor_212_212"></a><a href="#Footnote_212_212" class="fnanchor">[212]</a> The
+argument rested mainly on the treaty of union, which provides that, in
+default of express stipulations to the contrary, "there shall be a
+communication of all rights and privileges, and advantages." In the
+spirit of this clause, the presbyterian ministers stationed in India
+were recognised and placed by law under the presbytery of Edinburgh, in
+the same act which authorised diocesan episcopacy. Thus again the
+legislature had implied a parity of rights in the foreign port act,
+which required the consul to appropriate funds for the erection of
+churches, and on the same terms, when demanded by the members of either
+establishment. The writer appealed, with great ardour and effect, to the
+national history of his countrymen: their courage in fight, their
+patience in suffering, and their sagacity in council. He inferred, alike
+from their piety and their patriotism&mdash;their pride as Scotchmen, and
+their earnestness as christians&mdash;that when they sanctioned the
+legislative union, the dignity of the church, the first object of their
+affections, would be the last they would be likely to compromise or to
+forget. But the actual position of the colonial presbyterians rendered
+the argument for the present unavailing.</p>
+
+<p>It was obvious, that whatever ecclesiastical arrangements were
+guaranteed by the treaty of union, pertained only to the national
+church. The clergy of the establishment would have been even less
+disposed than the crown to allow a seceding ministry to share in their
+legal heritage. Yet the church at Hobart Town, founded by a seceder, was
+under his care. The government sometimes called the congregation Scotch,
+and at others presbyterian; but never an established<span class='pagenum'><a name="Page_200" id="Page_200">[Pg 200]</a></span> church. The grant
+of money was expressly to the accommodation of the inhabitants "in
+connexion with the church by law established in Scotland;"<a name="FNanchor_213_213" id="FNanchor_213_213"></a><a href="#Footnote_213_213" class="fnanchor">[213]</a> but the
+deed drafted by the managers proposed to secure the building to the
+dissenting incumbent, and to a congregation holding the Scotish
+standards, and it recognised no presbyterial control. This description
+was deemed dangerously defective. A meeting, summoned by Messrs. James
+Thomson, Thomas Young, and others, passed a resolution to establish an
+indisputable connexion with the national section of the presbyterian
+church.<a name="FNanchor_214_214" id="FNanchor_214_214"></a><a href="#Footnote_214_214" class="fnanchor">[214]</a> Against the legality of this meeting, the managers and
+several of the congregation offered an unavailing protest. It was
+asserted that, for the most part, they were dissenters from the national
+church, and thus hostile to her claims.<a name="FNanchor_215_215" id="FNanchor_215_215"></a><a href="#Footnote_215_215" class="fnanchor">[215]</a> A committee was appointed
+"to carry out the connexion." Arthur, who was then desirous to protect
+the existing minister, enquired if the movement would affect the
+stability of his appointment? To this it was replied, that the duty of
+the committee was expressed and limited by the resolution passed, and no
+instructions had been given by the meeting in reference to the relations
+of the incumbent. The difficulty was, however, speedily removed: an
+opportunity occurred to declare the pulpit vacant, and the appropriation
+of the property to the exclusive use of the church of Scotland was no
+longer resisted (1836).</p>
+
+<p>To perfect the claim of the colonial presbyterians, founded on the
+treaty of union, it was necessary to obtain a distinct recognition by
+the general assembly. An act for this purpose, had already passed that
+court (1833): it declared the colonial presbyteries, if constituted by
+ministers of the national church alone, a part of the national church,
+and thus qualified to enjoy whatever privileges that character might
+confer; and the standing committee of that church<span class='pagenum'><a name="Page_201" id="Page_201">[Pg 201]</a></span> were authorised to
+correspond and advise with the colonial presbyteries.<a name="FNanchor_216_216" id="FNanchor_216_216"></a><a href="#Footnote_216_216" class="fnanchor">[216]</a></p>
+
+<p>A memorial, founded on these resolutions, was presented by the convener
+of the assembly's committee to the ministers of the crown, and Sir
+George Grey was directed to reply, that by an arrangement recommended to
+the colonial legislatures, "the church of Scotland will in these
+colonies, be for the future equally entitled with the church of England
+to share in the public funds applicable to the general object of
+religious instruction in proportion to the amount of private
+contribution."<a name="FNanchor_217_217" id="FNanchor_217_217"></a><a href="#Footnote_217_217" class="fnanchor">[217]</a></p>
+
+<p>This arrangement, however, did not provide for appeals generated by the
+decisions of the colonial courts. An application was made to allow the
+colonial presbyteries representatives in the general assembly. This
+measure would have embarrassed a national church, and thus (1834) the
+general assembly repudiated an appellate jurisdiction.</p>
+
+<p>In various forms Colonel Snodgrass, while acting lieutenant governor,
+expressed an interest in the church of his native country. He called a
+synod of ministers, elders, and delegates, by proclamation, to be held
+at Hobart Town, to effect the settlement of the church, and thus to
+prepare the way for its endowment. Many, favorable to the object,
+doubted the legality of the meeting, and the power of any officer to
+proclaim the assembling of a body not recognised by the legislative
+council. The presbyterians, however, maintained that they were qualified
+to act under convocation by the crown, independently of parliamentary or
+local legislative sanction&mdash;that the meeting or synod only prepared the
+preliminaries antecedent to the intervention of law. At the time
+appointed the synod met: in the meantime Sir John Franklin was advised
+that the proclamation of Snodgrass was irregular; he therefore sent his
+private secretary, Captain Maconochie, to request the assembly to stay
+proceedings, with an intimation of his friendly consideration of their
+claims. They, however, considered that to disperse would compromise
+their rights, and therefore chose a moderator.<span class='pagenum'><a name="Page_202" id="Page_202">[Pg 202]</a></span> At this stage, a counter
+proclamation, hastily prepared, was brought by a messenger from the
+governor, and the convocation dissolved.</p>
+
+<p>However conclusive this reasoning to Scotchmen, the Anglicans were
+little disposed to admit its force. They asserted that the faith of the
+sovereign was the imperial faith, and that it was within the competence
+of the British legislature to set up an exclusive establishment of their
+clergy. The usual argument against the universal equality of the Scots'
+national church, was the fact that the laws of England, and not the laws
+of Scotland, were binding in the colonies.<a name="FNanchor_218_218" id="FNanchor_218_218"></a><a href="#Footnote_218_218" class="fnanchor">[218]</a> To this it was replied,
+that treaties, on which the imperial legislative power was founded, were
+the limits of its action; and that the ascendancy of English law in the
+colonies of Australia depended on a parliamentary enactment passed by
+the representatives of Scotland; subject, however, to the restrictions
+of the treaties in virtue of which Scotchmen were contented to sit on
+the benches of Saint Stephen.<a name="FNanchor_219_219" id="FNanchor_219_219"></a><a href="#Footnote_219_219" class="fnanchor">[219]</a></p>
+
+<p>Archdeacon Hutchins denied that either treaty or law prohibited a
+preferable claim, and remarked that "opening the door to two co-existing
+establishments would shortly admit others, and thus prepare for the
+destruction of all."</p>
+
+<p>It was not affirmed by the Scotch, that they possessed an inherent right
+to the privileges of an establishment: <i>both</i>, or <i>neither</i>, was their
+motto. The colony, they affirmed, was not English nor Scotch, but
+British. It was the opinion of lawyers, however, that beyond the seas
+the churches of England and Scotland depended for their rights on
+parliamentary or colonial enactment; and that whenever obscure, a
+declaratory statute must fix the sense of a treaty, and<span class='pagenum'><a name="Page_203" id="Page_203">[Pg 203]</a></span> decide whether
+an exclusive endowment of any class of clergymen was beyond the
+competence of imperial or local law.</p>
+
+<p>The passing of an act in New South Wales, granting stipends in
+proportion to the adherents, from &pound;100 to &pound;200, and the prospect of a
+similar act in Van Diemen's Land, led to urgent applications for
+ministers by the heads of various churches. Bishop Broughton published a
+strong appeal to the numerous unbeneficed clergymen in Great Britain, to
+whom he represented these colonies as a field of great promise. He
+stated that the obtaining ministers, "was a matter of life and death."</p>
+
+<p>The son of the illustrious Coleridge exerted himself on behalf of the
+church of England, and based his chief appeal on the inadequacy of the
+penal laws at home; the misery endured by the poor; the numerous crimes
+originated by the refinement of society; and the principle of
+compensation, which bound the English people to supply in colonies not
+less instruction than they must have furnished in gaols.<a name="FNanchor_220_220" id="FNanchor_220_220"></a><a href="#Footnote_220_220" class="fnanchor">[220]</a></p>
+
+<p>A fund was contributed, though of no great amount; but the Society for
+Promoting Christian Knowledge supplemented the colonial pay, which was
+found inadequate to secure men of character and education. Compared with
+the ground to be occupied, the church of Scotland was more successful in
+candidates for this important sphere.</p>
+
+<p>Dr. Lang lost no time in proceeding to Great Britain, and obtained a
+numerous band of clergymen and schoolmasters, whose passage was defrayed
+by the colonies.</p>
+
+<p>The Rev. Thomas Dugal, and other ministers of the synod of Ulster,
+expressed their willingness to undertake colonial charges. Lord Glenelg
+enquired of Dr. M'Farlane, the convener of the general assembly's
+committees, whether their appointment would be sanctioned by the church
+of Scotland. To this he replied, that they might be "taken under charge
+of presbyteries in connexion with their church, on their adhibiting the
+subscription, and coming under the engagements required by their church,
+but no longer."<span class='pagenum'><a name="Page_204" id="Page_204">[Pg 204]</a></span></p>
+
+<p>The admission of the Roman catholic body to equal privileges, was
+defended as a measure of policy. The national clergy appealed to a legal
+recognition; but, until a recent period, the catholic worship had by
+statesmen been both tolerated and abjured. The penal institutions
+required catholic instructors, to teach a proportion of prisoners,
+amounting to one-third of the whole. The appointment of the Rev. Dr.
+Ullathorne as vicar-general, led to increasing concessions of money and
+patronage. The zeal and intelligence of that clergyman was conspicuous
+in the management of the prisoner class. On their arrival, they were
+submitted to a course of moral and religious training, and from his
+testimony it appears, that the effect was long visible, and led to a
+marked decrease of crime.<a name="FNanchor_221_221" id="FNanchor_221_221"></a><a href="#Footnote_221_221" class="fnanchor">[221]</a> The patronage of the crown was more
+freely granted to the Roman catholics than the presbyterians, until the
+general policy of the state was revised. When other non-national
+communions were passed over, the number of the catholics, and their
+subordination to a governing body, were the reasons assigned for their
+special countenance.</p>
+
+<p>The protestant bishop, Dr. Broughton, was preceded by the arrival of Dr.
+Polding, the prelate of the Roman church. An incident occurred, which
+occasioned great delight to his adherents: he landed at Hobart Town, and
+the governor sent down his carriage to the beach to conduct him to the
+government-house. At a meeting of the catholic body, resolutions, to
+which Messrs. Rowe and Hackett were the speakers, voted a present of
+plate, to express their gratitude for Arthur's zeal in their cause, and
+his courtesy to their bishop.</p>
+
+<p>Beside the leading denominations, who obtained the pay of the state, the
+wesleyans possessed the great pre-requisite, a governing body. By a
+singular oversight, they permitted the bounty of the treasury to descend
+to them in an annual donation, instead of a stipend regulated by the
+general law. Their co-religionists in New South Wales now enjoy an
+endowment, of which nothing can deprive them, but the joint consent of
+the crown and the people.</p>
+
+<p>The preliminaries being settled, a bill was introduced by Franklin, and
+passed into law (November, 1837). It authorised the governor to grant
+&pound;300 to any congregation, to provide a parsonage, and &pound;700 for the
+erection of a church, or a sum not greater than the amount subscribed by
+the<span class='pagenum'><a name="Page_205" id="Page_205">[Pg 205]</a></span> people. It directed the issue of a salary of &pound;200 to any minister
+of the three churches, whose congregation should be equal to eighty
+adults, or in towns to two hundred. The discussion of this bill created
+considerable controversy: the ministers of the church of England were
+especially opposed to its latitudinarian aspect, and Archdeacon Hutchins
+represented that the principle was wholly untenable on Christian
+grounds, but cast the responsibility of a permanent establishment of the
+papal faith on the members of the Scotch communion. Their protest
+against the bill, and a renunciation of their claims would, he affirmed,
+at once fix the establishment principle. Had the proportionate numbers
+of the two churches been reversed, he believed that, rather than endow
+the Romish priesthood, the Anglican communion would abandon all further
+competition for the favours of the state. To this the minister of St.
+Andrew's retorted, that the responsibility lay wholly with the state;
+and that, if sincere, the English clergy might, by withdrawing their
+own, remove the pretensions of all.</p>
+
+<p>The archdeacon, and his clergy<a name="FNanchor_222_222" id="FNanchor_222_222"></a><a href="#Footnote_222_222" class="fnanchor">[222]</a> of the English church, united in a
+petition, presented by the chief justice, against the provisions of the
+act. They complained that its principles were a compromise of truth,
+since they not only assumed that the religious "sentiments of the Roman
+catholics are equally entitled with those of the protestant to the
+support of government, but that every variety of religious sentiments,
+which is to be met with amongst the various denominations of Christians,
+is entitled to support, without any reference whatever to the conformity
+of those sentiments to the word of God."</p>
+
+<p>The law was scarcely in action, when one of its clauses was found to
+operate against its professed design. A church and a house were required
+before a minister could be salaried; but the settlement of a clergyman
+was in fact a necessary preliminary to the erection of a church. An
+amendment gave the governor a power to issue a salary on a requisition,
+on condition of a small local subscription (1838). But this relaxation
+proved mischievous in another direction: the salary was paid, but the
+church was not erected. This required a third law, and it was therefore
+enacted, that if a religious edifice were not in progress within six
+months from the issue of a stipend, payment should be discontinued
+(1840).<span class='pagenum'><a name="Page_206" id="Page_206">[Pg 206]</a></span></p>
+
+<p>The colony, on the passing of the church act, was an open field. The
+first clerical candidate, because he was such, engrossed a large
+proportion of the available signatures. The people, generally anxious
+for some form of worship, both as a moral agency and from its tendency
+to raise the respectability of a township, gave their names freely as
+<i>bon&acirc; fide</i> members of either protestant church. The inevitable result
+was, an eager competition by the more zealous members of the rival
+communions. The meaning of <i>bon&acirc; fide</i> membership of this or that
+church, was brought into considerable debate. The Anglican clergy
+insisted on the census; the Scotch on the right of every man to make
+himself a member for the purposes of the act, whatever his hereditary or
+mental creed. These different views led to serious discord: the analysis
+of names appended to various applications imputed all the errors,
+informalities, and even corruption supposed to attach to popular
+elections. Those who had never thought much on religion, gave with
+facility and then retracted their adhesion: they virtually changed not
+only their minister but their creed. The opposite parties represented
+each other in terms full of reproach and bitterness; imputations of
+sectarianism, intrusion, kidnapping, were the common forms of
+recrimination. It would be useless to relate examples now before the
+writer, in colours painted by the passions of the conflict. It is the
+nature of religious controversy to throw on the surface all the
+malignant feelings that cloud the reputation of gentler spirits, in whom
+the real virtues of a communion dwell; but the lesson is worth
+remembrance&mdash;that of all forms of clerical institution, none realise
+less the idea of loving-kindness than that based on universal suffrage.</p>
+
+<p>The social effects of this competition were lamentable: neighbours were
+divided, who had often worshipped at the same altar; religious emulation
+sprung up in every locality: an attempt to possess the ground, led to
+the marching and counter-marching of hostile forces. The advent of an
+eminent clergyman on a township was reported to the head-quarters of his
+antagonists. In one place the moderator had appeared, in another the
+archdeacon: it was thus the more zealous partisans of either exasperated
+their antipathies. Again, the church act did not tie the laity to either
+their ministers or their creeds: thus a dissatisfied people might easily
+raise the preliminaries for a second or a third clergyman, and leave
+their late pastors to their salaries and their solitude.<span class='pagenum'><a name="Page_207" id="Page_207">[Pg 207]</a></span></p>
+
+<p>Demands on the treasury for the erection of churches and support of the
+clergy perplexed the executive. The ordinary revenue showed symptoms of
+declension, and the council passed a bill which declared that new
+imposts were impracticable, and vested a discretionary power in the
+government to refuse assistance to any new undertaking (1841). Thus the
+principle of the church act was subverted, and the grant of money for
+purposes of religion confided solely to the impartiality of the
+administration.</p>
+
+<p>The voluntary efforts of the different sects largely supplemented the
+legal provision. Churches of respectable architectural pretensions were
+rapidly multiplied. The wesleyans, independents, and baptists raised
+buildings for worship in the more important townships. Many private
+persons expended large sums for these purposes.</p>
+
+<p>The dependence of the clergy on the public treasury was from the first
+considered a temporary expedient. Some officers of the government
+favored the voluntary principle, others looked forward to endowment of
+the churches with lands. Bishop Broughton, anticipating the
+establishment of an elective legislature in New South Wales, made an
+effort to secure a preliminary territorial endowment. In presenting his
+petition (1839), the archbishop of Canterbury insisted that, however
+impracticable in Canada, such a measure could encounter no fair
+objection in a colony where so large a proportion were members of the
+English church. While he admitted the impartial liberality of the
+government, he complained that a principle had been adopted "by which
+persons of all denominations were placed on the same footing." The home
+government exhibited no disposition to accede to this proposition.</p>
+
+<p>A provision, however, resting on an annual vote, was obviously
+uncertain; and it became necessary to declare the terms on which it was
+enjoyed. The minister of the day notified to the officers of the
+Anglican and Scotch churches that incomes dependent on variable
+resources and mutable opinions were liable to casualties. He therefore
+warned them that, beyond the fair influence of the crown and the
+equitable claims of existing incumbents, no guarantee could be
+given.<a name="FNanchor_223_223" id="FNanchor_223_223"></a><a href="#Footnote_223_223" class="fnanchor">[223]</a> During a financial crisis these views were reiterated by one
+governor, who reminded the council that the warning of his lordship was
+likely to be realised; but he added his conviction that to render the<span class='pagenum'><a name="Page_208" id="Page_208">[Pg 208]</a></span>
+churches independent of the state would not only relieve the local
+treasury, but raise the clergy to a higher level.<a name="FNanchor_224_224" id="FNanchor_224_224"></a><a href="#Footnote_224_224" class="fnanchor">[224]</a></p>
+
+<p>Archdeacon Hutchins died suddenly (June, 1841). His estimable private
+character and clerical zeal endeared his memory to many. The Hutchins'
+grammar-school was erected as an appropriate memorial of his worth. The
+vacancy occasioned by his demise suggested the establishment of the
+diocese of Tasmania. This was founded by letters patent, 27th of August,
+1842, when Dr. Francis Russel Nixon was constituted first bishop. His
+lordship landed June, 1843, and on 23rd of that month opened his
+ministry in the words of St. Paul&mdash;"I am determined to know nothing
+among you save Jesus Christ." The venerable senior chaplain, on the 27th
+of the same month, conducted the bishop to his throne; pronouncing the
+words of inauguration&mdash;"I assign to thee this chair or see episcopal,
+and place thee in the same, in the name of our Lord and Saviour Jesus
+Christ." Twenty-one years before Dr. Bedford commenced his pastorate in
+the same place; the first permanent ecclesiastical edifice erected in
+Van Diemen's Land, and now known as the cathedral of St. David. Beside
+the endowment of the diocese made by subscriptions contributed in
+England, an act was passed giving the bishop a salary independent of the
+estimates,&mdash;a distinction not enjoyed by other clergymen.</p>
+
+<p>It would not be possible to invest with general interest the details of
+ecclesiastical affairs. The relation of the churches with each other,
+involving principles of colonial government, demand a transient notice.
+The position of the episcopal church was anomalous and perplexing. The
+forms of procedure were derived from its practice, where its supremacy
+was established by law, and moderated by the crown. The patent of the
+see gave the bishop authority to try and punish delinquents; but the
+colonial law recognised no such tribunal as an ecclesiastical court, and
+patents were no further valid than they were in harmony with local acts.
+The governor could give ecclesiastical preferment to episcopal ministers
+without the sanction of the see, and maintain a clergyman in defiance of
+his bishop. For this ecclesiastical anomaly the growth of circumstances
+required a remedy, and its discussion brought the bishop into collision
+with a large section of his clergy, the governor, and with other
+denominations. The bishop withdrew the license from certain cler<span class='pagenum'><a name="Page_209" id="Page_209">[Pg 209]</a></span>gymen
+who had been charged with serious irregularities: these offences were
+not investigated with the formalities usual in England; and the
+clergymen dismissed questioned the legality of their deposition. One
+appealed to the supreme court, but the judges held that the withdrawment
+of a license was within the province of the bishop; another obtained his
+salary from the treasury, the governor having refused to recognise the
+revocation. These proceedings were differently viewed by the episcopal
+clergy. Some, in the neighborhood of Hobart Town, remonstrated against
+the power claimed by the bishop to revoke licenses at pleasure, as
+inconsistent with their dignity as ministers; while, on the other side
+of the island, their brethren repudiated the sentiments of the
+remonstrants, and declared their determination to submit "to his
+judgments in the Lord" (1845).</p>
+
+<p>The necessity for a controlling power is recognised by every church; and
+moral and mental aberration, such as no communion could tolerate,
+justified the interposition of authority. An exact conformity with the
+English custom required the legalisation of an ecclesiastical court; but
+the church act had subverted the dominant status of the English church.
+A court requires to subpoena witnesses, to be protected from contempt,
+to have its decrees carried out by the civil powers. Questions of
+ritual, such as baptism, would violate the religious opinions of other
+denominations. A clergyman, for burying an unbaptised child might be
+liable to deposition; a baptist might be subp&oelig;ned to give evidence
+against him. Thus the jurisdiction of a court passed beyond the limits
+of a single denomination, and involved the liability of all, at least as
+witnesses. A still stronger feeling than liberty of conscience raised
+the opposition to this extension of ecclesiastical power. The Scotch had
+claimed equality with the English church: to give the legal rights of a
+court to the bishop was to create local disparity; while the
+presbyterian had no religious objection to ecclesiastical courts, the
+other non-prelatic communions abhorred them.</p>
+
+<p>A variety of differences had created a coldness between the governor and
+the bishop. His lordship had demanded the control of religious
+instructors; he possessed no means to employ them independently of the
+convict department, or to protect them against its many changes. In
+repeating a prayer for the governor and the clergy and laity, the bishop
+inverted the precedence, it was alleged to degrade the governor by the
+transposition. Sir E. Wilmot did not enter into the views<span class='pagenum'><a name="Page_210" id="Page_210">[Pg 210]</a></span> of the
+bishop, who, in a charge to his clergy (1845), represented "legal help"
+as necessary to the protection of ecclesiastical discipline, and
+expressed his intention to visit Great Britain to obtain a more
+satisfactory arrangement. Petitions against ecclesiastical courts were
+forwarded by the various denominations. To these the secretary of state
+replied that no powers had been solicited in any way affecting others
+than the Anglican church; and intimating that none would be conveyed
+(1847).</p>
+
+<p>A conference of bishops, held in Sydney (1850), have since this period
+proposed a liberal constitution for the Anglican communion, which awaits
+the sanction of the law. They demand the complete organisation of the
+church and its government by synods, for the arrangement of spiritual
+affairs; and by conventions, admitting the laity, for the management of
+temporalities. They contemplated the nomination of bishops by provincial
+synods; and affirmed that no beneficed clergyman ought to be deposed
+except by a sentence following judicial trial. These organic changes
+would, probably, greatly promote the usefulness of the episcopal church;
+but they seem to contemplate a total severance of its political
+dependence. The defect of the ecclesiastical law, which offers serious
+impediments to the discipline necessary, cannot but be deemed a
+grievance. They have arisen from those connections with the state which
+most denominations seem to bear with impatience.</p>
+
+<p>The relations of the churches with each other have occasioned
+difficulties rarely of permanent importance. The dispute of the prelates
+of the Anglican and catholic communions is an interesting exception. It
+led to an adjustment of their relative rank in the colonies at large.
+The right of the Roman see to appoint a bishop to act in its name had
+been already questioned by the protestant prelate, and met with a
+protest from the altar. Such, under similar circumstances, had been the
+course of Dr. Broughton. The laws of England retained the abjuration of
+a foreign episcopate, and assigned the nomination of English bishops to
+the Queen: the catholic vicars-general had in England exercised
+episcopal functions; being also consecrated to the oversight of
+imaginary sees. This arrangement was needless where the catholic
+religion was salaried by the state. The ancient abjuration was retained
+among protestants; but its spirit had expired.</p>
+
+<p>The Roman catholic prelate received an address as the<span class='pagenum'><a name="Page_211" id="Page_211">[Pg 211]</a></span> "Bishop of Hobart
+Town," and in reply recognised the title by adding "Hobartien" to his
+name. This document having fallen into the hands of the lord bishop of
+Tasmania, he directed a remonstrance to its author, suggesting that to
+claim an episcopal jurisdiction over the city was to intrude on a
+diocese already appropriated. The correspondence which followed entered
+largely into the religious differences of the parties. The papers were
+forwarded to the secretary of state.</p>
+
+<p>A complaint arising from the miscarriage of a letter addressed to the
+catholic prelate as bishop of Melbourne, and a dispute in reference to
+precedence, in which the metropolitan of Sydney and Archbishop Polding
+were concerned, also called for a final adjustment of the various points
+at issue, so far as they could be settled by the state. The
+lord-lieutenant of Ireland, willing to conciliate the catholics, had
+recommended the secretary of state to recognise the style of their
+prelates. Earl Grey regretted that the lordship ordinarily pertaining to
+a barony had ever been conferred on colonial sees. He, however, finally
+arranged that the protestant archbishop of Australia should rank above
+the catholic archbishop, and the protestant bishops before the catholic,
+throughout the colonies; that the titles of "your grace" and "my lord"
+should be accorded indifferently to both classes of bishops, but that
+the government should not, in official correspondence, recognise any
+title complicated with the name of any city or territory within the
+British dominions, not authorised by letters patent from the crown. Thus
+neither side could claim the victory, more being allowed to the
+catholics than they could expect as a religious denomination; while the
+territorial honors were conferred exclusively on the nominees of the
+crown.</p>
+
+<p>On the disruption of the church of Scotland the members of that church
+in Tasmania were involved in serious disputes, which terminated in the
+resignation of several of their clergy, and the formation of separate
+congregations. The free and residuary Assemblies opened a correspondence
+with the colonies, demanding to know to which part the colonial ministry
+adhered. The opinions of the local clergy were divided; but they
+concurred in a general expression of regard to the principle of church
+independence, and their satisfaction that they themselves enjoyed the
+liberty for which their brethren were obliged to contend,&mdash;thus leaving
+to inference their religious connection, and giving no ground to<span class='pagenum'><a name="Page_212" id="Page_212">[Pg 212]</a></span> call
+in question the ecclesiastical status and revenues conferred by the
+church act. This answer was considered by the free church evasive; and
+its more ardent supporters on the spot pronounced the course of the
+local presbytery jesuitical and dishonest. They affirmed that the church
+of Scotland alone was entitled, by colonial law, to state support; and
+that the retention of its emoluments was a virtual adherence to its
+principles. This discussion has been extremely fertile of controversies;
+but the general reader would not be likely to enjoy them.</p>
+
+<p>Should the reader infer from the record of ecclesiastical divisions that
+the colonial temper is intolerant, he would be greatly mistaken. The
+laity, often even the clergy, have given evidence of their charity in
+friendly sympathy and generous assistance. The rights of conscience are
+generally understood and respected; and although many are prepared to
+liberate the churches from dependence on the state, but few would desire
+to establish invidious distinctions. The tendency of colonial life is to
+annul the prejudices of European society, and to yield to every man the
+position which may be due to his talents and virtues. This feeling is,
+however, found compatible with religious predilections. One hundred
+clergymen, many wholly sustained by the people, labor to diffuse their
+views of Christianity in the various districts of the island; and the
+emigrant population are usually in attendance on their teaching. The
+census is an imperfect index of actual strength, the smaller sects
+exerting proportionately more influence. When the claims of prescriptive
+authority are finally exchanged for a reliance on moral power these
+discrepancies will disappear, and a vast apparatus, already supplied by
+the state and private zeal, will bring within reach of every colonial
+family some form of Christian doctrine. The tendency of small
+communities is not unfavorable to the progress of religious
+denominations. The only interruption to the monotony of life is found in
+the church: the only association which can be readily offered to
+strangers is provided by the religious bond. Opinion acts with increased
+power where the social inequalities are slight. Thus, in the United
+States of America every extravagance of sentiment is tolerated; but
+there a man of no religion is suspected, shunned, and left to solitude.<span class='pagenum'><a name="Page_213" id="Page_213">[Pg 213]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_204_204" id="Footnote_204_204"></a><a href="#FNanchor_204_204"><span class="label">[204]</span></a> <i>Lang's History of New South Wales</i>, vol. ii. p. 258.</p></div>
+
+<div class="footnote"><p><a name="Footnote_205_205" id="Footnote_205_205"></a><a href="#FNanchor_205_205"><span class="label">[205]</span></a> An organist of St. John's Church, Launceston, refused to
+play, and was sentenced to punishment; but was restored by the
+intercession of the clergyman.</p></div>
+
+<div class="footnote"><p><a name="Footnote_206_206" id="Footnote_206_206"></a><a href="#FNanchor_206_206"><span class="label">[206]</span></a> <i>Macarthur's New South Wales.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_207_207" id="Footnote_207_207"></a><a href="#FNanchor_207_207"><span class="label">[207]</span></a> "Sir George Murray maintained that this country was bound
+to provide the means of religious instruction for the people of our
+colonies: at the same time he begged to say, that so far from approving
+the maintenance of any exclusive system in the colonies, he thought any
+such system there, <i>bad</i> and <i>dangerous</i>. He was of opinion that parties
+of all religious persuasions were equally entitled to support, and he
+deprecated the exclusive establishment there of any one church above all
+others."&mdash;<i>Parliamentary Debate</i>, July 13, 1832.</p></div>
+
+<div class="footnote"><p><a name="Footnote_208_208" id="Footnote_208_208"></a><a href="#FNanchor_208_208"><span class="label">[208]</span></a> 30th September, 1833.</p></div>
+
+<div class="footnote"><p><a name="Footnote_209_209" id="Footnote_209_209"></a><a href="#FNanchor_209_209"><span class="label">[209]</span></a> "I would also earnestly recommend that provision be made
+for the schools, in which the children of persons of different religious
+tenets may be instructed without distinction, on the plan now adopted in
+Ireland. The means of education being secured, I shall feel disposed to
+leave it to the voluntary contribution of the inhabitants to provide for
+churches and clergy. To aid all where the creeds are various seems
+impossible, and a partial distribution of the public funds appears
+nearly allied to injustice."&mdash;<i>Despatch of Sir Richard Bourke,
+respecting land in Port Phillip, October</i>, 1835.</p></div>
+
+<div class="footnote"><p><a name="Footnote_210_210" id="Footnote_210_210"></a><a href="#FNanchor_210_210"><span class="label">[210]</span></a> Despatch, November, 1835.</p></div>
+
+<div class="footnote"><p><a name="Footnote_211_211" id="Footnote_211_211"></a><a href="#FNanchor_211_211"><span class="label">[211]</span></a> Minute, 1836.</p></div>
+
+<div class="footnote"><p><a name="Footnote_212_212" id="Footnote_212_212"></a><a href="#FNanchor_212_212"><span class="label">[212]</span></a> <i>Rev. J. Lillie's Letter to Rev. W. Hutchins</i>, p. 13.</p></div>
+
+<div class="footnote"><p><a name="Footnote_213_213" id="Footnote_213_213"></a><a href="#FNanchor_213_213"><span class="label">[213]</span></a> Arthur's minute, 1833.</p></div>
+
+<div class="footnote"><p><a name="Footnote_214_214" id="Footnote_214_214"></a><a href="#FNanchor_214_214"><span class="label">[214]</span></a> "The whole of the objects which the congregation desired
+to maintain, are very clearly to be gathered from the second resolution,
+and these appeared to consist in maintaining their connexion with the
+church of Scotland by law established, and the control which belongs to
+ecclesiastical courts of the national establishment over the minister as
+well as the congregation; for it is evident that all grants are made to
+them as a part and parcel of the community of the <i>national church</i> of
+Scotland <i>as by law established</i>: and it is only in that character that
+they have claims on the government, any more than the catholics,
+wesleyans, independents, or unitarians."&mdash;<i>True Colonist</i>, May 29,
+1835.</p></div>
+
+<div class="footnote"><p><a name="Footnote_215_215" id="Footnote_215_215"></a><a href="#FNanchor_215_215"><span class="label">[215]</span></a> "Accordingly we find that the majority, if not all, the
+protesters are not members of the church of Scotland, being either
+burghers, anti-burghers, independents, or episcopalians, and as such
+opposed to the Scotish church."&mdash;<i>True Colonist</i>, May 29, 1835.</p></div>
+
+<div class="footnote"><p><a name="Footnote_216_216" id="Footnote_216_216"></a><a href="#FNanchor_216_216"><span class="label">[216]</span></a> "The assembly instructed the committee for the colonial
+churches to insist on the fair and full execution of the laws at present
+existing, and on the insertion in any new enactment for the government
+of the colonies, such clauses as will unequivocally place the churches
+in connexion with the church of Scotland on a footing as favorable with
+respect to holding property, receiving a share of government grants, and
+having their procedures in matters ecclesiastical carried out with as
+prompt effect, as are enjoyed by those branches of the church of England
+recognised in the same."&mdash;<i>Lillie's Letter</i>, p. 35.</p></div>
+
+<div class="footnote"><p><a name="Footnote_217_217" id="Footnote_217_217"></a><a href="#FNanchor_217_217"><span class="label">[217]</span></a> <i>Lillie's Letter to Rev. W. Hutchins</i>, p. 9.</p></div>
+
+<div class="footnote"><p><a name="Footnote_218_218" id="Footnote_218_218"></a><a href="#FNanchor_218_218"><span class="label">[218]</span></a> "I cannot see why the national legislature may not
+determine what will be the established church of the colony, with just
+as much propriety as it determines what shall be the prevailing law. A
+separate and integral part of an empire at large, can have no right to
+do this. As soon might a number of Cornish men insist upon their right
+to have introduced the peculiar laws and customs by which the mining
+operations of the county are regulated."&mdash;<i>Letter of Archdeacon Hutchins
+to Rev. J. Lillie.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_219_219" id="Footnote_219_219"></a><a href="#FNanchor_219_219"><span class="label">[219]</span></a> "But let me tell you, Scotland is not asleep to her
+rights and privileges: she is still the same independent dame she ever
+was.... The instant you touch her religion, or presume to put indignity
+or insult upon her venerable church, either at home or abroad&mdash;a church
+from whom she has received so many benefits, and who has grown old and
+grey headed in her service&mdash;her proud and independent spirit rises. She
+appeals to her <i>marriage</i> contract&mdash;her articles of union; and if I
+mistake her not, she will sooner retire to her mountain freedom, and her
+'single blessedness,' than consent to have them violated. <i>Nemo me
+impune lacesset</i>, is still Scotland's motto."&mdash;<i>Letter of Rev. J. Lillie
+to the Rev. W. Hutchins</i>, p. 18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_220_220" id="Footnote_220_220"></a><a href="#FNanchor_220_220"><span class="label">[220]</span></a> <i>An Appeal to the Friends of the Church of England, in
+behalf of their Brethren.</i>
+</p><p>
+The extreme difficulty may be inferred from the following:&mdash;"Fully
+agreeing with you as to the necessity of such an appointment (at Norfolk
+Island), I have used every endeavour to find a clergyman of the church
+of England, qualified for the office; but I regret to inform you that I
+have not been successful, and the archdeacon has been equally
+unfortunate. I have, therefore, felt it my duty to institute inquiries
+in other quarters."&mdash;<i>Lord Glenelg</i>, 1835.</p></div>
+
+<div class="footnote"><p><a name="Footnote_221_221" id="Footnote_221_221"></a><a href="#FNanchor_221_221"><span class="label">[221]</span></a> <i>Evidence before the House of Commons</i>, 1837.</p></div>
+
+<div class="footnote"><p><a name="Footnote_222_222" id="Footnote_222_222"></a><a href="#FNanchor_222_222"><span class="label">[222]</span></a> Excepting Dr. Browne and Rev. R. R. Davies.</p></div>
+
+<div class="footnote"><p><a name="Footnote_223_223" id="Footnote_223_223"></a><a href="#FNanchor_223_223"><span class="label">[223]</span></a> Lord J. Russell's despatch, 31st December, 1839.</p></div>
+
+<div class="footnote"><p><a name="Footnote_224_224" id="Footnote_224_224"></a><a href="#FNanchor_224_224"><span class="label">[224]</span></a> Finance Minute, 1845.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IIIc" id="SECTION_IIIc"></a>SECTION III</h3>
+
+
+<p>The education of the people, every where a question of difficulty, has
+been not less so in Tasmania. In the elder colony seminaries for the
+more opulent classes were projected at an early period. In 1825 the
+church and school association formed a boys' grammar-school. In '29, Dr.
+Lang, who had been at issue with the Anglican clergy on this as on other
+subjects, prevailed on the home government to authorise the loan of
+&pound;5,000, to be repaid by Scotch mechanics, to be conveyed at Dr. Lang's
+risk, and employed in building a college. Prior to this date Dr. Lang
+had been concerned in the foundation of the Sydney College, of which the
+first stone was laid, but ecclesiastical difficulties prevented its
+vigorous encouragement. Vast controversies followed this revival of
+learning. The government voted considerable sums for the education of
+the settlers' sons; but the secretary of state objected to the expense,
+and ruled that the scholars did not belong to a class entitled to
+gratuitous instruction.<a name="FNanchor_225_225" id="FNanchor_225_225"></a><a href="#Footnote_225_225" class="fnanchor">[225]</a></p>
+
+<p>In this colony Colonel Arthur had established a superior school (1834),
+under the governorship of official persons. The episcopal system was to
+rule: the children of others were eligible, provided they submitted to
+catechetical instruction. The plan of the school was suggested by Dr.
+Broughton, and was calculated on the idea of an ecclesiastical relation
+to the colony, which subsequent enactments disturbed. Colonel Arthur
+found serious obstacles in carrying out the scheme, and he suffered it
+to drop. The Rev. Mr. Rusden was nominated first master; but the
+question of religion was again fatal to its success: the school sunk
+into a private establishment.</p>
+
+<p>The project of Colonel Arthur was succeeded by another more extensive in
+its aim. Sir John Franklin addressed Dr. Arnold, of Rugby, describing
+the religious elements of the colony, and requesting the arrangement of
+details for the future management of an establishment. The great
+difficulty was still the ecclesiastical relations of the settlers. Dr.
+Arnold suggested a double chaplaincy, and a religious education rather
+than a merely secular system; and recommended that the head master
+should be permitted to take<span class='pagenum'><a name="Page_214" id="Page_214">[Pg 214]</a></span> orders. Mr. G. P. Gell, of Cambridge
+University, was nominated principal.</p>
+
+<p>In 1840, the legislative council sanctioned the establishment of a
+college and the erection of buildings. The cost was variously estimated
+from &pound;12,000. The Queen's school, intended to be afterwards a
+preparatory institution, was first formed. The denominational leaning of
+the college awakened considerable opposition. The Roman catholic
+vicar-general declared that the authorised version of the scriptures was
+a mutilation, and compiled to suit the views of the translators; that
+catholics could not pray with protestants; and urged other objections,
+not new to theologians, but which appeared outrageous to a colony
+accustomed to a liberal intercourse. The presbyterians prayed for
+religious equality, and other sects joined in the general aversion to an
+episcopal institution at the public cost.</p>
+
+<p>The government, by the advice of Mr. Gell and the archdeacon, selected
+New Norfolk as the college site. On the 6th of November, 1840, the
+foundation-stone was laid by Sir John Franklin, assisted by the members
+of council and heads of departments, and by Captains Ross and Crozier,
+of the antarctic expedition. "The college was dedicated to
+Christ,&mdash;intended to train up Christian youth in the faith as well as
+the learning of Christian gentlemen."<a name="FNanchor_226_226" id="FNanchor_226_226"></a><a href="#Footnote_226_226" class="fnanchor">[226]</a> The night following the
+ceremony, thieves overturned the foundation, and stole the inscription
+and the coins. But difficulties more fatal beset the institution. The
+pride of equality and the ambition of pre-eminence, not less than
+tenderness of conscience on either side, prevented a compromise. In
+private life concessions are found compatible with the utmost zeal, but
+the rivalry of churches has never been adjusted. The Queen's school, the
+pilot institution, was not more successful. At an expense of &pound;1000 per
+annum twenty-three scholars (1843), for the most part children of
+government officers and opulent shopkeepers, were educated. The
+institution was broken up by Sir E. Wilmot; and a petition, signed by
+great numbers, requested the erection of a school on a more
+comprehensive basis. This memorial being remitted to the secretary of
+state, Lord Stanley replied (1846) that, when established, a proprietary
+school would receive from the crown whatever assistance the public
+resources might<span class='pagenum'><a name="Page_215" id="Page_215">[Pg 215]</a></span> justify. The direct interference of the government in
+the education of the higher classes thus terminated.</p>
+
+<p>The schools for the working classes were originally controlled by the
+government. Mr. P. A. Mulgrave, many years chairman of quarter sessions,
+arrived with the appointment of superintendent. This office was,
+however, filled by the senior chaplain; and until 1838 the schools were
+exclusively episcopalian. The altered policy of the crown, in reference
+to religion, suggested a change in the organisation of the schools. A
+letter, written by Sir Wm. Herschell, was transmitted by Lord John
+Russell, detailing the system at the Cape of Good Hope, and recommending
+the British and Foreign system for colonial adoption. On this plan
+schools were established in 1838, subject to a board nominated by the
+crown. It was intended to comprehend all denominations. The clergy of
+the Anglican church were from the first hostile to comprehension.
+Archdeacon Hutchins demanded that if an exclusive system were no longer
+attainable, a fixed sum should be divided among the different
+denominations, to be expended in separate schools, in proportion to the
+money issued under the church act. The laity in general, however, did
+not object to the union of all sects on the plan proposed; and to the
+last the British system was supported by a considerable majority,
+including clergymen of every sect, both protestant and catholic.</p>
+
+<p>In New South Wales an attempt was made to establish the Irish system,
+the school books of which were sanctioned by the chief prelates of the
+protestant and catholic churches in Ireland. The protestant bodies were,
+however, averse to the exclusion of the "entire scriptures," as a
+discreditable compromise, and met the project with decided resistance. A
+committee, of which one half were episcopalians, organised under the
+sanction of Bishop Broughton, called on the laity to exert themselves in
+the "holy cause"<a name="FNanchor_227_227" id="FNanchor_227_227"></a><a href="#Footnote_227_227" class="fnanchor">[227]</a> of opposition to the project of Sir Richard
+Bourke; and they succeeded in its defeat: but when, after their victory,
+they met to collate their plans for further action, the meeting was
+abruptly terminated by Dr. Broughton, who declared that he could
+co-operate in no scheme not framed on the recognition of the episcopal
+catechism and clerical superintendence. Denominational schools were,
+therefore, established, and those abuses<span class='pagenum'><a name="Page_216" id="Page_216">[Pg 216]</a></span> arose inseparable from a plan
+which makes men the assessors of their own pecuniary claims.</p>
+
+<p>A committee of the legislative council recommended the establishment of
+a general system, on the plan of Lord Stanley (1844). They alleged that
+by the denominational system more than half were left uneducated, and
+that the thinness of population, the diversity of opinion, the inferior
+character of the schoolmasters, and the great expense compared with the
+benefit secured, enforced the importance of a general and comprehensive
+scheme. Sir George Gipps warmly seconded these opinions, but was
+compelled to yield to the strength of the opposition offered by the
+clergy, and which no concession short of ecclesiastical control was
+deemed sufficient to remove. The agitation of this subject for several
+years has lessened none of the difficulties which attended it, and it
+remains a vexed question for solution by future legislators.</p>
+
+<p>When the British system was established in Van Diemen's Land, masters
+were sent out by Lord John Russell, at the colonial cost. The schools
+were, however, regarded with increasing aversion by the episcopal
+clergy. Messrs. Lock and Fry, the last a clergyman and the author of a
+work on apostolical succession, visited the schools to report on them.
+They saw, or thought they saw, laxity, sectarianism, and partiality; and
+they gave the results of their enquiries in a copious publication. On
+the arrival of the Right Rev. Dr. Nixon this book was placed in his
+hands. He petitioned to be heard by counsel against the British system.
+His request being granted, he delivered an earnest address, in which he
+not only opposed the principle of the school, but reiterated many of the
+statements of Messrs. Lock and Fry. The Board of Education had, however,
+forwarded minute contradictions to these allegations; and Governor
+Wilmot resolved to support the schools until, on a full consideration of
+the adverse testimony, the secretary of state should otherwise determine
+(1843). Lord Stanley recommended the appointment of a commission of
+enquiry, which was accordingly confided to three episcopalian laymen,
+who acquitted the schools of most of the imputations of their former
+visitors. But the seals of the colonial-office had fallen into the hands
+of Mr. Gladstone. This event was fatal to the British system. The
+scholastic minister professed to examine elaborately the principles of
+colonial and church education, and came to the conclusion that a<span class='pagenum'><a name="Page_217" id="Page_217">[Pg 217]</a></span> scheme
+of biblical instruction, confided to various teachers of uncertain
+creeds, was too little for the churchmen, ought to be too much for the
+catholics, and could only be agreeable to independents. He argued that
+church teaching includes all that a church believes, and that its
+inculcation was necessary to meet the fair requirements of religious
+liberty. Acting on a suggestion in his despatch, Sir William Denison
+granted a fixed sum per head to the denominational schools, dissolved
+the board of education, and appointed as inspector the son of the
+illustrious Arnold.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_225_225" id="Footnote_225_225"></a><a href="#FNanchor_225_225"><span class="label">[225]</span></a> Lord Glenelg's despatch, 1836.</p></div>
+
+<div class="footnote"><p><a name="Footnote_226_226" id="Footnote_226_226"></a><a href="#FNanchor_226_226"><span class="label">[226]</span></a> <i>Sir J. Franklin's Narrative</i>, p. 77.</p></div>
+
+<div class="footnote"><p><a name="Footnote_227_227" id="Footnote_227_227"></a><a href="#FNanchor_227_227"><span class="label">[227]</span></a> Address of Committee.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IVc" id="SECTION_IVc"></a>SECTION IV</h3>
+
+
+<p>The claims of the churches on the treasury (1838) soon threatened the
+government with serious difficulties. It was resolved to increase the
+revenue by prohibiting colonial distillation. This trade had been often
+interrupted by the ordinances of the governors, but when the crown
+ceased to purchase wheat at a high fixed price it was deemed unfair to
+the farmer to restrict the local market for his produce. Duties were
+imposed, but they discriminated between sugar and cereals, and between
+colonial and imported grain. This distinction offered ample opportunity
+for evasion. The distillers employed these various articles at their own
+pleasure, and paid the lowest duty. Colonial spirits were sold as
+foreign; and the permits of the police-office covered the transit of
+quantities greater than they specified. From &pound;5,000 to &pound;7,000 were
+annually lost. The bill introduced to extinguish the trade was resisted
+by Mr. W. E. Lawrence and other leaders of the country party. They
+objected both to the suppression of a lawful trade and the injury
+inflicted on those who had embarked their capital. The government
+proposed to include in the bill a provision for the indemnity of the
+distillers, leaving its amount to be settled by a committee. To this
+Chief Justice Pedder strongly objected. The government was unwilling to
+entrust to a jury the claims of the distillers, as proposed by the chief
+justice; and, not wishing to delay the law, passed it without granting
+any security beyond admitting the equity of compensation.</p>
+
+<p>The laxity of the distillation laws had enabled the manu<span class='pagenum'><a name="Page_218" id="Page_218">[Pg 218]</a></span>facturers to
+realise double profits, by graduated duties, mostly paid under the
+lowest denomination. Their gains during the past could not be
+questioned; but Sir John Franklin was persuaded that it would be
+ridiculously profuse to pay an indemnity for the loss of profits rated
+by the success of an illicit trade. A resolution passed the council,
+"That any applicant having been proved, to the satisfaction of this
+council, to have been in the habit of distilling contrary to law, has,
+by such practice, destroyed any claim he might have otherwise had to
+compensation." To ascertain this fact a "feigned issue bill" was brought
+into the council. It simply referred the question of illegal
+distillation to the jury, without assessing their claims. The right of
+the distillers to compensation was, however, so indisputable, and the
+retrospective action of the bill so liable to objection, that it was
+generally opposed; and, by the dissent of the lawyers, the treasurer,
+with all the non-official members, rejected by the council. The
+attorney-general, Mr. Macdowell, impressed with its injustice, informed
+the governor that he could not support the bill; in this resolution he
+had been fortified by the strongly expressed opinions of his colleague,
+Mr. H. Jones, the solicitor-general, who denounced its principle as
+utterly iniquitous and unprecedented: but on the resignation of Mr.
+Macdowell, Mr. Jones accepted his place, and voted for the bill:
+defending his conduct by stating that he had expressed his former
+opinion in ignorance of its details. The public indignation was excited
+by this apparent perfidy, for which Mr. Jones atoned by a speedy
+resignation. The financial success of the suppression was mentioned by
+Sir John Franklin in exulting terms. The law is, however, regularly
+violated when grain is low. Private stills have supplied spirits more
+than usually deleterious; and the revenue has shown a decline. The
+rights of the distillers were recognised by the home government, and
+their unsettled claims, to the amount of &pound;7,431, were paid in 1843.</p>
+
+<p>The duty of a member of the government to support, at all events, the
+measures of his chief, was asserted by the secretary of state. If his
+conscience would not permit his acquiescence, he was expected to resign.
+Thus, while his oath bound him to advise, as a legislator, according to
+his convictions, his interest, as a public officer, compelled him to
+submit to the impulses of another. From this condition the chief justice
+was excepted,&mdash;a condition hard to<span class='pagenum'><a name="Page_219" id="Page_219">[Pg 219]</a></span> an honorable man and unfair to the
+colony. However plausible the reasons for distinguishing between an
+official duty and a conscientious belief, public morality abhors them;
+and Mr. Macdowell is entitled to the colonial remembrance, as one among
+few who have refused to support a measure because unjust.</p>
+
+<p>The extensive land sales, combined with the demand for labor (1840),
+induced Sir John Franklin to promote emigration. The impression was
+general that transportation to Van Diemen's Land would cease; such had
+been announced as the policy of the crown. A vessel was dispatched to
+Adelaide, where many were suffering severe distress. The New Zealand
+emigrants were also dissatisfied, and many found their way to colonies
+where wages were high. This course was inconvenient, and excited great
+indignation among employers in South Australia, who prevailed on the
+government to pass a law intended to check emigration to Van Diemen's
+Land.</p>
+
+<p>Sir J. Franklin disapproved of these methods of supplying the labor
+market, and proposed to devote &pound;60,000 for the introduction of suitable
+working families from Great Britain. By many this movement was hailed
+with strong expressions of approbation, as a pledge of social elevation
+of the working classes. It was urged by Mr. Philip Smith, of Ross, that
+"without an extensive emigration and a stop to the introduction of
+convicts it was in vain to hope for permanent prosperity." Mr. Berthon,
+of Woodlands, asserted that "before the colony could thrive a better
+description of peasantry was necessary, which could never be found in
+the sweepings of gaols" (October, 1841). Pursuant to these views the
+governor authorised the settlers to select for themselves, by their own
+agents, the persons they required. Every considerable inhabitant
+received the necessary authority to ship such laborers, under
+indentures, at the colonial cost, it being found that useful workmen
+were indisposed to emigrate except to a master already known. The
+greater part of the settlers appointed Mr. Henry Dowling their agent. It
+was the intention of the local government that laborers should be sent
+out in small numbers by the regular traders; and thus afford time to pay
+the cost of their transit without difficulty to the treasury. The
+emigration commissioners objected to all these plans, and set them
+aside. Indentures were disallowed; and instead of laborers in the
+proportions required, families were conveyed,<span class='pagenum'><a name="Page_220" id="Page_220">[Pg 220]</a></span> or they were sent in
+rapid succession, hundreds together. On their arrival a financial crisis
+reduced their wages: the home government changed its views, and resolved
+to continue transportation: the land fund, which had reached &pound;52,000 in
+1841, rapidly declined, and in 1843 Lord Stanley was informed that for
+years to come little revenue could be expected from the sale of land.
+The local officers, unable to pay the charge, were induced to dispute
+it; and they attempted to cast on the agents of immigration the failure
+of plans disallowed by the commissioners. They evaded the payment for
+one year. The claims of the shippers were instantly allowed by the
+secretary of state, with the usual interest; and Mr. Dowling, who had
+been aspersed by the local government, was amply vindicated by the
+commissioners. The colonial secretary charged him with collusive sale of
+his agency to London shippers, and a fraud on the colonial treasury. Mr.
+Dowling protected his character by an appeal to the supreme court, when
+Mr. Horne, the attorney-general, admitted that the imputation was
+unfounded, but succeeded in convincing the jury that no malice is to be
+inferred from the tenor of a libel when the writer cannot be supposed to
+be influenced by mere personal animosity. Mr. Dowling lost by his agency
+more than a thousand pounds.</p>
+
+<p>An exceedingly useful class of emigrants arrived under the
+commissioners, who readily sanctioned the applications, regard being had
+to the equality of the sexes. The commissioners defended their
+opposition to the plans of the local government. They asserted that
+private agents could never select laborers in numbers sufficient to
+freight a ship; and they inferred that transferable orders for the
+payment of bounty on the arrival of emigrants would be either matters of
+traffic, or that private persons, discouraged by the difficulties of
+their task, would abandon it in despair.</p>
+
+<p>For two or three years the emigrants were satisfied and moderately
+prosperous. The sub-division of town property was rapid. On every side
+small brick tenements multiplied. Every mechanic aspired to possess a
+dwelling of his own. But Lord Stanley's system of probation rapidly told
+on the condition of the workman. He stood aghast; he persevered for a
+time; he appealed to the government for protection against convict
+competition. For one-fourth its actual cost his property passed into the
+hands of others: in Launceston especially many suburban neighbourhoods
+were deserted.<span class='pagenum'><a name="Page_221" id="Page_221">[Pg 221]</a></span> The emigrants brought out at so much public and private
+cost were expelled to the adjacent settlements, to begin the world anew.</p>
+
+<p>One of those seasons of general distress to which small communities are
+especially liable pervaded the entire colonies (1841-4). A variety of
+causes contributed to augment its pressure, and to involve the whole in
+commercial embarrassment. The imports of New South Wales and Van
+Diemen's Land exceeding &pound;20 per head; the high price of grain, reaching
+28s. per bushel; the enormous rate of interest, and the boundless
+extravagance of credit and expense, produced a convulsion all but
+universal.</p>
+
+<p>The measures of the government increased the pressure of these
+difficulties. The land sales by auction at Port Phillip were succeeded
+by the system of selling on special surveys, at &pound;1 per acre; and he who,
+one year before, had competed for his purchase, found the next section
+in the hands of his neighbour, at half the price he had given. The
+settlers in the elder colonies had speculated deeply. Stock and
+implements were transferred to the new country, under cover of credit.
+Competition raised the value of bullocks to &pound;30 per pair; of horses to
+&pound;60; of sheep to &pound;2; the wages of servants to &pound;50 per annum.</p>
+
+<p>The government had raised the minimum price of land; and thus those who
+were entitled to take up their surveys under a lower denomination
+hastened their purchases with borrowed money. The London merchants
+consigned immense quantities of goods on speculation which were poured
+into the market; the promissory notes of irresponsible persons were
+taken by their agents: the fraudulent laid up for the crisis; insolvent
+estates were crowded into auctions; goods sunk below the expenses of the
+factor; dividends of a few shillings in the pound represented the assets
+of persons indebted from &pound;50,000 to &pound;100,000; and had not the chief
+losses finally rested with the London merchants and the English banks,
+the disasters of the times must have long retarded colonial prosperity.</p>
+
+<p>The effects of this revulsion were soon felt in Van Diemen's Land, where
+peddling traders had thriven in momentary credit by the union of
+worthless names on their bills. As an instance: one hundred bushels of
+wheat, sold ultimately for &pound;40, were transferred to a succession of
+speculating purchasers, who raised among them &pound;1000, on credit of the
+exchange from one to another. The govern<span class='pagenum'><a name="Page_222" id="Page_222">[Pg 222]</a></span>ments of the colonies had
+exhibited remarkable miscalculation. In all the treasury failed to meet
+the expenses. The deposits formerly realised by land sales were
+withdrawn from the banks. Debentures were issued; new taxes were
+imposed. The commercial panic was in full career when the crown renewed
+transportation to Van Diemen's Land; and thousands and tens of thousands
+of British offenders were gathered on these shores. The expenditure of
+the government, though large, was chiefly confined to the Capital, or
+fell into the hands of the merchants; but it is worthy of remark, that,
+except one house, all who could pretend to that rank maintained their
+position.</p>
+
+<p>The settlers were, however, deeply involved. They were mostly induced to
+purchase at the land sales by borrowed capital. They complained bitterly
+of the usury, to which their produce bore no comparison; and incessantly
+invoked the legislature to limit the exactions of money-lenders. To
+aggravate these evils American flour poured into the colonial markets,
+drawing their cash and rendering agriculture profitless. The
+declarations of insolvency were daily. Whole streets of mechanics and
+traders followed each other. A common liability to the same ordeal
+introduced a system of dangerous license; and men walked away with their
+creditors' property without molestation and almost without reproach. The
+statistics of these times afford a memorable warning to all. To the
+government, that by enticing the people to purchase land, the general
+revenue will suffer by their imprudence; to the banks, that by reckless
+advances capital will be sacrificed for nominal assets; and to the
+British merchants, that by glutting every store with speculative
+consignments they render their exports of no value&mdash;that they ruin the
+shopkeeper, whose capital they destroy by the competition and sacrifice
+of their own.</p>
+
+<p>But the great resources of the colonies soon manifested themselves. A
+settler at Port Phillip discovered or applied the art of boiling down
+the surplus stock, so as to produce the tallow of commerce; and sheep,
+lately 2s. 6d., became worth eight shillings. The discovery of the Burra
+mines raised Adelaide from deep prostration. The opening of new tracts
+of country offered a vast field for successful enterprise; wool once
+more rose in price; the banks lowered their discounts to a reasonable
+level; the goods saved from the general wreck appeared in the shops of
+those who took the tide at its flow; and every colony exhibited the
+signs of returning vigor&mdash;all but Van Diemen's Land.<span class='pagenum'><a name="Page_223" id="Page_223">[Pg 223]</a></span></p>
+
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_Vc" id="SECTION_Vc"></a>SECTION V</h3>
+
+
+<p>The last three years of Sir John Franklin's administration were chiefly
+employed in arranging the details of the system of convict discipline,
+afterwards expanded by Lord Stanley to gigantic proportions, and
+described in the second volume of this history. Accompanied by Lady
+Franklin, Sir John penetrated the western district of Van Diemen's Land
+to Macquarie Harbour, formerly a penal station, to ascertain its fitness
+for a similar purpose, and some of the perils of his early life were
+renewed. His absence for several weeks awakened great anxiety, and his
+return was greeted with a general welcome (1842).</p>
+
+<p>The most painful event of his political career sprung from a
+disagreement with the nephews of Sir George Arthur, and especially with
+Mr. Montagu, the colonial secretary. A narrative of this dispute,
+written by Franklin on his return to England, was issued for private
+circulation just after he started on his last voyage of discovery.<a name="FNanchor_228_228" id="FNanchor_228_228"></a><a href="#Footnote_228_228" class="fnanchor">[228]</a>
+This account traces minutely the progress of a quarrel which all parties
+concerned are anxious to forget. The power acquired by Mr. Montagu in
+colonial affairs was considered by Franklin incompatible with their
+relative position. Inferior officers had been dismissed on his
+imperative advice, who complained that they were sacrificed because they
+stood in his path and thwarted his plans. Franklin partly shared in
+their suspicions, and appointed persons to offices who were unconnected
+with the Arthur party, and as a counterpoise to their influence. The
+immediate cause of the final rupture was the restoration of a colonial
+surgeon, dismissed on a charge of culpable negligence. His neighbors,
+believing the penalty unjust, remonstrated in his favor, and Franklin
+complied with their request. This Mr. Montagu severely condemned, as
+fatal to the dignity of government, and ascribed the lenity of Sir John
+to the influence of Lady Franklin. He then announced to the governor, in
+a formal manner, that thenceforth he should confine his own services to
+the routine of his office, and that a cordial co-operation might be
+expected no longer. The details of business, formerly prepared to the
+governor's hands, were left to himself: trifles exhausted his attention:
+his pleasure was asked with affected<span class='pagenum'><a name="Page_224" id="Page_224">[Pg 224]</a></span> formality, and his enquiries
+answered with studied reserve. In a dispute with the governor in
+reference to a matter of fact, Mr. Montagu addressed him (17th of
+January, 1842)<a name="FNanchor_229_229" id="FNanchor_229_229"></a><a href="#Footnote_229_229" class="fnanchor">[229]</a> in the following style:&mdash;"I trust," said he, "your
+excellency will also pardon me for submitting to you&mdash;and I beg to
+assure you that I do so under a deep conviction of the necessity of
+supporting my statement&mdash;that while your excellency and all the members
+of your government have had such frequent opportunities of testing my
+memory as to have acquired for it the reputation of a remarkably
+accurate one, your officers have not been without opportunity of
+learning that your excellency could not always place implicit reliance
+on your own." Clothed in a profusion of words, the charge of imbecility
+or falsehood was understood. The jealousy and contempt which had
+characterised the late official intercourse of Sir John and the
+secretary could not but injure the public service and divide the
+government into factions. But this language was deemed inconsistent with
+official subordination, and on its receipt Mr. Montagu was dismissed.
+Aware that it would be difficult to justify his note, Mr. Montagu
+offered an apology, with a view to a restoration. He sought, through Dr.
+Turnbull, the friendly offices of Lady Franklin. Her mediation was
+employed, and was unsuccessful; but Sir John promised to represent the
+past services of Montagu in the most favorable terms to the secretary of
+state, strongly recommending his employment elsewhere. This pledge the
+governor redeemed. Lord Stanley received Mr. Montagu with
+favor&mdash;consulted him in reference to convict discipline&mdash;heard his
+complaints of Sir John and Lady Franklin&mdash;and treated the governor in
+his own imperial way. He admitted that the proper relative positions of
+Franklin and the colonial secretary had been inverted; but ascribed the
+ascendancy of Montagu to his intellectual superiority; ordered his
+salary from the hour of his dismissal to be paid; and claimed the credit
+of great moderation in not sending him back to his office. The generous
+testimony of Sir John in Montagu's favor was quoted to condemn his
+dismission. The despatch containing these sentiments was placed in the
+hands of Montagu, who, with natural exultation, sent it out instantly to
+his friends. He had preserved minutes of his interviews with Lord
+Stanley, and recorded his own severe reflections on the character of
+Lady Franklin. These memoranda, bound together, were sent by Mr. Montagu
+to the colony, and,<span class='pagenum'><a name="Page_225" id="Page_225">[Pg 225]</a></span> although circulated with some reserve, became very
+generally known. The governor complained bitterly of this covert
+detraction, and especially of the attack on the character of his wife,
+whom he solemnly vindicated from that interference with public business
+charged upon her. No one who reads the dispute will deem it necessary to
+weigh nicely the reproaches which were current on either side. To
+destroy or be destroyed is the usual choice of official war; and Montagu
+had not been bred in a school where more generous maxims prevail. He had
+conquered; and the feelings of the governor or his partisans were not
+likely to be treated with tenderness. Sir John is perhaps the only man
+who ever accompanied a dismissal with eulogy, and the result of his
+candour will probably prevent its imitation.</p>
+
+<p>To Lord Stanley more blame must be attached. It was his duty to care for
+the reputation of a governor whom he did not instantly recall. But his
+despatch was in print long before it reached the hands of Franklin, and
+must have been fatal to his proper authority had not popular sympathy
+sustained his government. Before Sir John received an official notice of
+his recall his successor arrived. On this abrupt termination of his
+office he obtained private lodgings in haste. The Legislative Council,
+then sitting&mdash;the various churches and literary societies, expressed
+their admiration of his personal character, and, more sparingly, their
+approval of his administration. He was attended, on his departure, by a
+considerable party of northern colonists. Sir John, in reply to their
+addresses, spoke with some warmth of that portion of the press which had
+libelled his wife,&mdash;a lady devoted to the welfare of the colony; whose
+last act was to settle property on an institution for scientific uses;
+whose benevolence was unbounded, and who, at a large sacrifice of her
+private fortune, had ministered to the comforts of the poor. Had it been
+consistent with his duty, he said, he would have gladly exposed to the
+whole people his most secret measures. He declared that he would never
+fail to uphold the reputation and to promote the prosperity of the
+colony. The frank and humane temper of Sir John Franklin won the
+affections of the settlers. He thought favorably of their general
+character, appreciated their moral worth, and shared in their notions of
+convict discipline. The insults of which he complained were the acts of
+a few: a philosopher would have smiled where he deprecated; and have
+felt that the salary of office is not more certain than the enmities
+which surround it.<span class='pagenum'><a name="Page_226" id="Page_226">[Pg 226]</a></span></p>
+
+<p>The alleged ascendancy of Lady Franklin in public affairs it would be
+useless to discuss. Her masculine intellect and adventurous spirit led
+some to ascribe to her more than the usual authority of her sex and
+station; but whenever apparent, her influence was exercised on the side
+of religion, science, and humanity.</p>
+
+<p>The appointment of Franklin to this government was made at the instance
+of William IV., by whom he was greatly esteemed. It was the expectation
+of Sir John to find an easy retreat, like some of the military
+governments, where veterans enjoy the dignity of office without its
+toils. But he found himself doomed to encounter all the responsibilities
+of ordinary legislation and government, with difficulties peculiar to a
+penal colony. For this his former pursuits had not prepared him. His
+manner was often embarrassed and hesitating, and presented a contrast to
+the quiet vigor of his more able but not more amiable predecessor. The
+colony had attained that development when the public institutions
+require reconstruction, and the popular will must in some measure
+regulate their form and spirit. The administration of the governor was
+eminently disinterested. He had no private speculations or secret
+agents, and his measures were free from both the taint and the reproach
+of corruption. Such faults were sometimes imputed, but they were the
+staple slanders of writers without credit or name. His expenditure
+greatly exceeded his official income; and while the plainness of his
+establishment and entertainments was the topic of thoughtless censure,
+the charities of his family were scattered with a liberal hand. The
+piety of Franklin was ardent, and his conscience scrupulous. His remarks
+in council on the sports of some idle boys in the government domain on
+the Lord's Day exposed him to the satire of scorners. He thought that
+youths who violate the sanctity of the Sabbath take the first ordinary
+steps in a dissolute and dishonest life. An anecdote, on the authority
+of Captain Back, shows his harmless character in a striking light.<a name="FNanchor_230_230" id="FNanchor_230_230"></a><a href="#Footnote_230_230" class="fnanchor">[230]</a>
+The writer observes&mdash;"As an illustration of the excellent individual to
+whom it refers, I may be pardoned for introducing it here. It was the
+custom of Sir John Franklin never to kill a fly, and though teased with
+them beyond expression, especially when taking observations, he would
+gently desist from his work, and patiently blow the half gorged
+intruders from his hands, saying, 'The world is wide<span class='pagenum'><a name="Page_227" id="Page_227">[Pg 227]</a></span> enough for both.'
+Manfelly (an Indian chief) could not refrain from expressing his
+surprise that I should be so unlike the 'old chief' who would not
+destroy a single mosquito."</p>
+
+<p>The name of Franklin is indissolubly connected with the great problem of
+modern geography&mdash;the connection of the polar seas with the north
+pacific ocean. In 1818 he was first employed in this service, but
+returned without success. In 1820 he conducted an overland expedition to
+the Coppermine River. This party suffered every kind of hardship, from
+the loss of boats and the mutiny of their attendants: several perished,
+having eaten their old shoes and scraps of leather: yet Franklin
+recorded in his journal the following grateful expressions&mdash;"We looked
+to the great author and giver of all good for the continuance of the
+support hitherto supplied in our greatest need." They completed a
+journey of 5,550 miles. The narrative of this expedition excited at the
+time much admiration, as a rare example of intrepidity, perseverance,
+and elevated piety.<a name="FNanchor_231_231" id="FNanchor_231_231"></a><a href="#Footnote_231_231" class="fnanchor">[231]</a> In 1824 Franklin was entrusted with the charge
+of another expedition. They were attacked by the Indians, and the party
+was saved from destruction by the coolness and judgment of the leaders:
+they encountered storms, fogs, and cold, which prevented their reaching
+their destination. These efforts considerably enlarged the scientific
+knowledge of the icy region. On his return to England in 1843, it was
+resolved to confide to Sir John Franklin a new effort to discover the
+north-west passage. Accompanied by Captain Crozier, he sailed in May,
+1845. The vessels&mdash;the <i>Erebus</i> and <i>Terror</i>&mdash;were furnished with
+provisions and artificial fuel for four years. They were last seen by
+whalers in Lancaster's Sound.</p>
+
+<p>In 1847 the long absence of Franklin and the 136 persons under his
+command awakened considerable alarm. English expeditions, both by land
+and water, a reward of &pound;20,000 offered by parliament, and the earnest
+co-operation of foreign powers, have done all that money, or daring, or
+affection could accomplish to solve the mystery of their fate. Though
+these efforts are not even now (1852) relinquished, the issue has ceased
+to be regarded with hope;&mdash;except by Lady Franklin, whose exertions to
+rouse and prolong the search have excited the sympathy and admiration of
+nations.<span class='pagenum'><a name="Page_228" id="Page_228">[Pg 228]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_228_228" id="Footnote_228_228"></a><a href="#FNanchor_228_228"><span class="label">[228]</span></a> <i>Narrative of some passages in the History of Van
+Diemen's Land, during the last three years of Sir John Franklin's
+administration of its government.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_229_229" id="Footnote_229_229"></a><a href="#FNanchor_229_229"><span class="label">[229]</span></a> <i>Franklin's Narrative</i>, p. 21.</p></div>
+
+<div class="footnote"><p><a name="Footnote_230_230" id="Footnote_230_230"></a><a href="#FNanchor_230_230"><span class="label">[230]</span></a> <i>Back's Expedition</i>, p. 180. 1836.</p></div>
+
+<div class="footnote"><p><a name="Footnote_231_231" id="Footnote_231_231"></a><a href="#FNanchor_231_231"><span class="label">[231]</span></a> <i>Quarterly Review.</i></p></div>
+</div>
+
+<p><span class='pagenum'><a name="Page_229" id="Page_229">[Pg 229]</a></span></p>
+
+<hr style="width: 65%;" />
+<h2>HISTORY OF TASMANIA</h2>
+
+
+<h2>FROM 1843 TO 1847</h2>
+<p><span class='pagenum'><a name="Page_230" id="Page_230">[Pg 230]</a></span></p>
+
+
+
+<hr style="width: 65%;" />
+<h2>FROM 1843 TO 1847</h2>
+
+<h3><a name="SECTION_Id" id="SECTION_Id"></a>SECTION I</h3>
+
+
+<p>Sir John Eardley Eardley-Wilmot, Bart., succeeded Sir John Franklin,
+August 21st, 1843. His short and troubled administration, although
+crowded with incident, presents few events of permanent interest.
+Charged with the development of a gigantic scheme of penal discipline,
+founded on erroneous data, and imperfectly sustained by material
+resources, he was involved in the discredit of its failure. The
+opposition of the colony to his measures he too readily resented as
+disrespectful to himself, and thus a long and useful public life was
+closed in sadness.</p>
+
+<p>Sir Eardley Wilmot received his appointment from Lord Stanley, whose
+political leadership he followed in his secession from the whigs,
+occasioned by the reduction of the Irish church. During successive
+parliaments he represented Warwickshire, and for twenty years was
+chairman of the quarter sessions of that county,&mdash;in England a post of
+some consequence. He inclined rather to the liberal than the tory
+section of the house, and supported most measures favorable to civil and
+religious freedom. On the question of negro slavery he was a coadjutor
+of the decided abolitionists, and on his motion apprenticeship, a milder
+form of slavery, was finally terminated. He contributed papers on prison
+discipline, and initiated a bill for the summary trial of juvenile
+offenders. Thus he appeared not unqualified to preside in a colony where
+penal institutions constituted the main business of government, and
+where many religious opinions divide the population.</p>
+
+<p>The gazette which announced his appointment contained the nomination of
+Sir Charles Metcalf to the governorship of Canada, vacated by Sir George
+Arthur. An article in the London <i>Times</i> attacked Sir E. Wilmot with
+uncommon<span class='pagenum'><a name="Page_231" id="Page_231">[Pg 231]</a></span> acrimony, attributed by himself to the influence of private
+spleen. He was described as a mere joking justice, accustomed in his
+judicial office to "poke fun" at prisoners, destitute alike of talents
+and dignity, and his character a contrast with that of the new Canadian
+governor. This bitter diatribe was published in the colonies, and was
+not forgotten in the strife of factions. Metcalf was indeed a governor
+with whom the widest comparison would scarcely find an equal. Every
+Capital he ruled is adorned with his statue, and when he descended to
+the dust his tomb was wet with the tears of nations. He consulted the
+ministers with the independence of a patriot, and governed the people as
+one of themselves.</p>
+
+<p>Wilmot landed at a distance from Hobart Town, and delayed his entrance
+on office to afford time for a removal of Franklin's household. When he
+was sworn in the town illuminated, and the usual excitement of novelty
+wore the appearance of public welcome.</p>
+
+<p>The open and affable address of the governor attracted the people. He
+rapidly traversed the island. The agricultural knowledge he possessed,
+his promptitude in forming and expressing opinions, contrasted with the
+habits and manners of his predecessor. Those who were experienced in
+official life foresaw the dangers of a temper so free and of movements
+so informal. The opponents of the late governor recommended the neglect
+of all the distinctions which had limited intercourse, and some persons,
+never before seen at government-house, were admitted to the closet, and
+boasted their intimacy and influence.</p>
+
+<p>Scarcely had Wilmot entered office, when an exercise of mercy brought
+him into collision with one of the judges. Kavanagh, a notorious
+bushranger, was condemned to death. He had fired on a settler, whose
+house he attempted to pillage. In giving sentence the judge remarked
+that he had seldom tried a culprit stained with so great an aggregate of
+crime. Ten minutes before the time appointed for his execution the
+governor granted a reprieve. Judge Montagu was indignant, and those who
+had suffered by the depredations of the robber shared in his opinion.
+The press, in commenting on the commutation, predicted that the culprit
+would not long escape the scaffold. He was implicated in the murders of
+Norfolk Island, and suffered death (1846). Judge Montagu, shortly after
+the reprieve, tried four men for a similar crime, and instead of
+pronouncing sentence, directed death to be recorded. He stated that the
+sparing of Kavanagh could only be justified by the almost total
+abolition of capital punishment. At a<span class='pagenum'><a name="Page_232" id="Page_232">[Pg 232]</a></span> meeting of the Midland
+Agricultural Association Wilmot noticed these reflections, and declared
+that he would never inflict death in consideration of offences not on
+the records of the court, and that in this case robbery only had been
+proved. He thus early complained of anonymous attacks, and admitted that
+in offering these explanations he was out-stepping the line of his
+situation. Topics of a far more agreeable nature were suggested by the
+special business of the day. He dwelt with great fluency on the
+advantages of agriculture, and dilated on the importance of independent
+tenants and an industrious peasantry. "You," he observed, "are to
+consider yourselves as the column of a lofty pillar; but, depend upon
+it, a tenantry form the pedestal,&mdash;a virtuous, moral, and industrious
+peasantry the foundation on which that pillar rests. I see around me
+some of your largest proprietors, who this day are lords of wastes and
+princes of deserts; but who, if the system of tenantry be carried out as
+fully as it deserves, will become patriarchs; and the future Russells,
+Cavendishes, and Percys of the colony may be proud to date their
+ancestry from any one of you."<a name="FNanchor_232_232" id="FNanchor_232_232"></a><a href="#Footnote_232_232" class="fnanchor">[232]</a> This strain of compliment was
+returned by Mr. Kemp, the oldest of the settlers,&mdash;so many years before
+distinguished in the deposition of Governor Bligh. He congratulated the
+meeting on the appointment of his excellency, whose presence he compared
+to "the vivifying rays of the sun after a long cheerless winter,
+encouraging the ploughman to resume his labors with fresh spirit."</p>
+
+<p>The prevalence of bushranging, though far less than at an earlier
+period, induced the midlanders to project a yeomanry corps. They were to
+provide weapons, meet for exercise, and always stand prepared to answer
+a summons. They proceeded to the choice of a treasurer and
+secretary&mdash;Messrs. Keach and Leake, Jun. They were, however, informed
+that the levying of armed men is the prerogative of the Queen. On
+reference to the governor, he declined to sanction their incorporation,
+while he praised their martial spirit. Bushrangers rarely move in
+numbers, and a military is not the kind of power best adapted to
+suppress them.</p>
+
+<p>On meeting his council for the first time (October 21, 1843), Wilmot
+expressed his admiration of the colony, its soil, its climate, and
+immense resources. He promised to consider the pecuniary difficulties of
+the settlers, with a view to their alleviation. Referring to the
+appointment of a<span class='pagenum'><a name="Page_233" id="Page_233">[Pg 233]</a></span> comptroller-general, the chief officer of the convict
+department, he declared his cordial concurrence with the new discipline
+as a reformatory system; and, noticing the recent arrival of a bishop,
+he avowed his preference for the episcopal church, and, in still
+stronger terms, his attachment to religious liberty and equality.</p>
+
+<p>The salary of the governor was augmented to &pound;4,000 per annum: the former
+uncertain but expensive allowances were withdrawn. Franklin had enjoyed
+&pound;2,000 per annum, as salary, and the government houses of Hobart Town,
+New Norfolk, and Launceston; a farm at New Town, and a large garden in
+the domain. The salary of the new governor was given in full discharge
+of all demands. The beautiful gardens he determined to throw open to the
+public.</p>
+
+<p>Having accepted the office of president, Wilmot convened the Tasmanian
+Society, formed by Franklin, and presented a series of alterations in
+its organisation. He proposed that it should consist of a president,
+four vice-presidents, and a council of twelve, to be nominated by the
+governor; and that at first it should be limited to fifty fellows. The
+project was distasteful to the original members of the Tasmanian
+Society, who objected to the summary increase of their body. Wilmot
+proceeded to incorporate those who concurred with his views as "The
+Horticultural and Botanical Society of Van Diemen's Land." They were
+then intrusted with the government garden, and the appropriation of a
+grant of &pound;400 per annum, required for its cultivation. The discarded
+society complained of the haste of the proposed revolution. They thought
+past services demanded a consideration of their wishes. They had
+received in trust an endowment from Lady Franklin of some prospective
+value; they corresponded with men of the first scientific circles; and
+they had published a journal which widely extended the physical
+knowledge and European fame of this hemisphere. None who are experienced
+in the causes of political discontent will consider such trifles without
+serious effect on the tempers of parties and the peace of rulers.</p>
+
+<p>Wilmot received the government in a condition most unfavorable to his
+tranquillity. The arrival of many thousand prisoners had for a time
+quickened trade, and some months elapsed before they became competitors
+for the bread of the free mechanics. The universally low price of labor,
+the demand for dwellings, and the closing of a local bank, which
+liberated small capitals, occasioned a competition for town allotments,
+and set all classes to building. But this stimulus<span class='pagenum'><a name="Page_234" id="Page_234">[Pg 234]</a></span> was soon exhausted,
+and workmen of every grade began to suffer distress. They found hundreds
+of passholders working at a price to them, indeed, ample, but on which a
+family would starve. The regulations introduced by Lord John Russell
+discouraged employment of prisoners in the towns, where they could
+easily indulge every evil inclination, and where they abated the value
+and respectability of labor; but such was the pressure of numbers on the
+colonial government that its officers were glad to abandon all
+reformatory theories to get rid of the crowds which idled their time and
+burdened the British treasury. The free operative classes appealed to
+the governor for redress. Wilmot replied by appeals to their humanity:
+he said that many prisoners of the crown, influenced by bad example,
+ignorance, and want, had lost their liberty; that it would be unkind and
+unjust to obstruct their progress to competence and reformation. These
+excuses for a policy which tended to depress honest workmen only
+convinced them that it was time to retire from the country. A more
+powerful class might have shown that the proper office of mercy is to
+shorten the duration of a sentence, and not to inflict punishment on
+unoffending families of freemen.</p>
+
+<p>A party of colonists, who chose Mr. Gilbert Robertson as their
+secretary, formed an association to promote the amelioration of
+financial embarrassment. They nominated a "central committee," to
+prepare information for the guidance of the government, and to watch
+over legislation. In explaining their plans to Wilmot they professed to
+feel confidence in his liberality, judgment, and zeal. To this he
+replied in glowing terms. He told them that during a short residence he
+had traversed the colony and acquired a knowledge of its value; that he
+had projected many schemes for the improvement of agriculture and the
+relief of the treasury. He gave strong assurances both of his
+expectation of better days and his efforts to hasten them; but then he
+complained that the association, by its structure and schemes, depressed
+his anticipations; that they proposed to supersede imperial
+instructions, and to supplant his constitutional advisers. The
+objections he offered, and the tone in which they were urged, induced a
+practical dissolution of the society&mdash;scarcely compatible with regular
+government.</p>
+
+<p>For the last time in these colonies application was made by the settlers
+for a law to restrict the amount of usury. It had been a favorite object
+for many years. They asserted that the exactions of capitalists involved
+the colony in a hopeless<span class='pagenum'><a name="Page_235" id="Page_235">[Pg 235]</a></span> struggle. England had, however, abrogated
+usury laws, and left the value of money to be determined by the ordinary
+relations of supply and demand. To this principle the governor resolved
+to adhere (1844).</p>
+
+<p>What the law could not effect was produced by a less exceptionable
+process. The merchants and professional men addressed the banks, and
+urged an abatement of interest, then 10 per cent. for short-dated bills,
+and 12&frac12; for renewals. They appealed rather to liberality than to
+abstract right. This was followed by a reduction in the Van Diemen's
+Land Bank,&mdash;an example which the other establishments did not readily
+adopt. Eight per cent. soon, however, became the highest amount usually
+exacted in regular transactions.</p>
+
+<p>The difficulties of the agriculturists from the low price of grain,
+induced them to look for artificial relief. With too much facility
+Wilmot gave hopes which he could not realise. The imposition of a heavy
+duty on New South Wales tobacco, amounting to prohibition, and that just
+as it was reaching considerable perfection, led to the imposition of a
+duty on our grain. It was the wish of the Tasmanian settlers to restore
+free trade between the colonies, and to impose discriminating duties on
+the produce of foreign countries; but the harsh and ridiculous system of
+colonial government, which discriminated between Australian and Canadian
+grain, compelled one British colony to treat another, its next neighbor,
+as an alien, and that while England demanded free admittance for English
+manufactures. The peremptory instructions of Stanley were conveyed to
+the local governors in terms of intimidation.<a name="FNanchor_233_233" id="FNanchor_233_233"></a><a href="#Footnote_233_233" class="fnanchor">[233]</a> They were forbidden
+to allow any kindred colony the least advantage over foreigners, or to
+pass any bill for that purpose, and were told that any evasion of this
+restriction would occasion the high displeasure of the crown. The reason
+alleged for this interference was that colonies could not be expected to
+understand the treaties and trading system of the parent state; as if
+any treaty should have hindered a commerce actually not more distinct
+than the trade between London and Liverpool. Wilmot warmly espoused the
+claim of the Australian colonies to share in the privilege of Canada, in
+favor of which the duties had been relaxed on colonial grain. Mr. Hutt
+brought their petitions before the attention of parliament; but he could
+not plead a political necessity, and the ministers were able to resist
+without the risk of a rebellion. They asserted that the<span class='pagenum'><a name="Page_236" id="Page_236">[Pg 236]</a></span> distance made
+the concession of no practical value, while it would tend to augment the
+alarm of the English farmers! Thus, while they humored the empty fears
+of their own constituents, they afforded another example of the futility
+of colonial petitions which, however just, it is convenient to
+disregard.</p>
+
+<p>To assist agriculture, the council passed an act interdicting the use of
+sugar, under certain conditions, by public brewers. The trade strongly
+objected to the restriction, as impolitic, vexatious, and impracticable.
+Their objections were admitted by the secretary of state, who quietly
+observed that he had been advised that sugar could not be considered
+deleterious. This is the last attempt at protective legislation.</p>
+
+<p>To benefit the rural interest the governor proposed a grand scheme of
+irrigation. An eminent engineer, Major Cotton, was employed to report on
+the subject, and suggested the detention of the waters of the vast lakes
+which overflow from the heights of the western mountains. A rate to be
+imposed on the various estates was to discharge the cost. Thus in those
+seasons of drought which sometimes occur the lowlands would be made
+increasingly fertile. The immediate object&mdash;the employment of probation
+labor at the colonial cost&mdash;detracted something from the charms of the
+project. Nor did it seem just that the settlers should risk the ultimate
+cost of an undertaking they could not limit. Sir E. Wilmot earnestly
+recommended the scheme to the home government, but Lord Stanley
+hesitated until the evils of the probation system enforced a change, and
+lessened the labor at the disposal of the crown. Had the men been
+employed on a work so popular they would have been withdrawn from the
+colonial eye, and the interest of their new labors might have
+extinguished the prevailing discontent. But while the governor waited
+for instructions the men were idle, or employed in useless attempts at
+cultivation on barren land, of which the produce rarely defrayed the
+cost of the implements destroyed.</p>
+
+<p>The charge for police and gaols had always been borne by the legislative
+council with impatience. The estimates were accompanied by an annual
+protest against entailing on the colony any pecuniary consequence of
+British crime. But when the convict labor was withdrawn from the roads,
+and new taxes demanded, the time arrived for the most decided
+resistance, and the event proved that the councillors who refused their
+consent acted with prudence. The minister<span class='pagenum'><a name="Page_237" id="Page_237">[Pg 237]</a></span> himself was compelled to own
+at last, that the exaction of twenty shillings per head for police, was
+unexampled in civilised governments.</p>
+
+<p>In 1836 Mr. Spring Rice (now Lord Monteagle) took advantage of a
+considerable local land fund to throw on the council the police
+establishment of the colony, occasioned by transportation. The sum then
+required (&pound;14,000) was comparatively unimportant, and it was urged that
+the labor of convicts employed on public works at the cost of Great
+Britain, except &pound;4,000 for superintendence, was a sufficient
+compensation. But the charge for constabulary and prisons gradually
+increased to &pound;36,000. The land fund, after deducting &pound;97,000, expended
+for emigration, for the support of aborigines, and the working of the
+land office, yielded in ten years a surplus of &pound;207,000, carried to the
+general revenue; but during this time the charge for police and gaols
+exceeded &pound;311,000. The increase of judicial expenses, and especially of
+witnesses, was proportionately great; and this last item in one year
+(1846), although most lighter crimes were disposed of in a summary way,
+rose to &pound;6,000. The execution of public works by the crown had been the
+sole vindication of these charges. From this arrangement Lord Stanley
+departed, and in peremptory terms prohibited a spade to be moved but on
+payment from the colonial treasury. Thus at a season of commercial
+stagnation the benefit of convict labor was withdrawn, while the charges
+for police and gaols rose to one-third of the entire revenue of the
+colony, and in two years and a-half a debt accumulated to &pound;100,000.</p>
+
+<p>Notwithstanding the obvious injustice of this burden, the treatment of
+the New South Wales legislature gave slight hope of redress. Lord
+Stanley directed Sir George Gipps to obviate the threatened resistance
+of that council by hastening pardons to the prisoners, by withdrawing
+them from the service of the settlers, and by sending those not
+otherwise disposable to Van Diemen's Land. He was forbidden to relieve
+extreme financial difficulties by drafts on England, or draw from the
+military chest, although at the period an immense body of convicts
+remained long after transportation had ceased. This disregard of a more
+powerful colony led the people of Van Diemen's Land to infer that from a
+minister so unscrupulous no justice could be expected while evasion was
+possible.</p>
+
+<p>Wilmot was deeply embarrassed, but he determined to adhere to the
+instructions of the secretary of state,<span class='pagenum'><a name="Page_238" id="Page_238">[Pg 238]</a></span> whose distance prevented his
+perceiving the hopelessness of his project until that discovery was
+unavailing. The positive nature of these injunctions left no room for
+discretion. The governor was commanded not to adopt any detailed
+regulations at variance with the scheme prescribed by the crown, or to
+depart from its provisions without express authority.<a name="FNanchor_234_234" id="FNanchor_234_234"></a><a href="#Footnote_234_234" class="fnanchor">[234]</a></p>
+
+<p>Sir Eardley Wilmot resolved that the utmost extent of taxation should be
+tried rather than infringe the orders of Stanley. A bill to raise the
+duties on sugar, teas, and foreign goods from 5 to 15 per cent.
+encountered an earnest but unavailing opposition. This bill was still
+more obnoxious from a clause, afterwards abandoned, to levy the duty on
+the current value of goods at the market of consumption, instead of
+export&mdash;a mode which taxed all the expenses of shipment. Mr. Gregson
+proposed the rejection of an impost required only by the extraordinary
+pressure of convictism. Several of the non-official members voted with
+the governor for the last time.</p>
+
+<p>A committee of the council had been appointed to ascertain how the
+expenditure could be reduced and the revenue augmented. They enumerated
+various forms in which further taxation might be practicable. These were
+proposed by the governor. Auctioneers, pawnbrokers, publicans, butchers,
+eating-house keepers, stage-coach and steam-boat proprietors, cabmen,
+and watermen, were to be subject to new or increased license fees.</p>
+
+<p>This project aroused the people to an unusual degree. On the day of
+public meeting<a name="FNanchor_235_235" id="FNanchor_235_235"></a><a href="#Footnote_235_235" class="fnanchor">[235]</a> a procession of cabs and waggons, decorated with
+flags bearing the inscription, "No taxation without representation,"
+presented a novelty in colonial agitation. Mr. Kemp, the veteran
+politician, presided. The opposition prevailed, and the governor
+resolved<span class='pagenum'><a name="Page_239" id="Page_239">[Pg 239]</a></span> to withdraw the obnoxious measure. It would be difficult to
+discern a line beyond which taxation might not pass, if every trade and
+profession can be subject to arbitrary imposts levied by a legislature
+at the mere dictation of the crown.</p>
+
+<p>Referring to this meeting as a triumph which history would report to the
+latest posterity, the <i>Courier</i> added&mdash;"Rulers will henceforth recoil
+from the virtuous indignation of the people, as the reptile recoiled
+from the touch of Ithuriel's spear." It was supposed by Wilmot that this
+not very lucid prediction conveyed a gross and personal insult, and that
+it attributed to him the artifices and loathsome habits of the fiend.
+The private secretary was instructed to withdraw the subscription of the
+governor, and to explain the cause of his displeasure. Such petulance
+took the colony by surprise. A less experienced politician might have
+been expected to disregard a heavier censure; and this conflict with a
+local editor was noticed by the London press as a curious instance of
+official sensibility.</p>
+
+<p>The sheriff refused to call a meeting to consider the condition of the
+colony, because one of the objects was to notice the appropriation of
+the public revenue. This he had been advised was an interference with
+the royal prerogative! The friendly tone of his refusal restrained the
+wrath it was calculated to excite. It is quite impossible to suppose any
+branch of politics more clearly within the sphere of popular
+remonstrance than the expenditure of the public money (August, 1845).</p>
+
+<p>Mr. Bicheno, the colonial secretary, who, like the governor, might have
+been popular in quiet times, was little qualified for a stormy debate.
+He announced the most arbitrary notions in the blandest tones, and
+asserted that the doctrine of concurrent representation and taxation was
+a wild revolutionary idea, exploded by American independence. The
+revenues he called the Queen's, and thought it monstrous that any should
+dispute her right to her own. Though he compared the parent country to
+the hen and the colonies to chickens, he could see nothing to disturb
+the analogy in a demand for fresh contributions. He asserted that all
+constitutional history showed that it was the prerogative of the crown
+to tax the people, and instanced the Cape&mdash;a conquered province&mdash;as an
+example. He affirmed that customs were not taxes, as the public were not
+compelled to use the articles on which they were levied. The prosperity
+of communities he asserted rose with the increase of taxation; that<span class='pagenum'><a name="Page_240" id="Page_240">[Pg 240]</a></span> the
+placards posted over the town were a complete delusion. Taxation and
+representation&mdash;a cry first introduced by Lord Chatham, was, he said,
+never adopted by the liberal whigs (August, 1845). Such un-English
+notions were no assistance to the cause of the executive, and were
+distasteful to all who pretended to value constitutional government.</p>
+
+<p>The <i>ad valorem</i> duties, raised to 15 per cent., for some time produced
+less than they realised at five. The licensing scheme being rejected,
+nothing remained but to reduce the expenditure or increase the debt. To
+relieve the revenue and employ the convicts the executive proposed a
+road act, and another for lighting and paving Hobart Town. The great
+objection to these measures was their design to evade the question at
+issue between the home government and the colony;&mdash;with many more odious
+still as recognising a right in a crown appointed legislature either
+directly or indirectly to tax the people. Mr. Gregson stated early in
+the session that he would not levy a shilling additional until the
+burdens of police were equitably adjusted. Supported by Captain
+Swanston, formerly a staunch adherent of Sir G. Arthur, he successfully
+moved the rejection of these bills. Their discussion drew forth many
+expressions of personal feeling. The governor declared he would not stay
+in office one hour did he not believe that Lord Stanley meant fairly by
+the colony, or could he not conscientiously act upon his lordship's
+instructions; and he begged that all the opprobrium cast on Lord Stanley
+might be considered equally applied to himself. He remarked that the
+opposition had exhibited a spirit "more radical and even Jacobinical"
+than he ever had witnessed in parliamentary factions. These reproaches
+were repelled by Mr. Gregson, who contended that in resisting unjust
+exactions for convict purposes he was promoting the real interests of
+the colonial government. The governor retorted that with such support as
+the honorable member afforded he would readily dispense.</p>
+
+<p>When the estimates for the year were presented (August 20th) the country
+party insisted on enquiry, and Mr. Dry proposed the appointment of a
+committee to ascertain the proportionate burdens transportation imposed.
+This motion was rejected by the governor's casting vote. Another, made
+for adjournment, to give the members time to investigate the items, met
+a similar fate. It was, however, discovered when the estimates were read
+that they differed from the copy in the hands of the members. The chief
+justice supported a<span class='pagenum'><a name="Page_241" id="Page_241">[Pg 241]</a></span> second motion for adjournment, to enable the
+colonial secretary to correct these discrepancies. On the re-assembling
+of the council (25th) the governor stated that considering the
+determination avowed by the members to refuse all items for the expenses
+of convictism, and the general state of popular feeling, he had resolved
+to pause, and to await the arrival of expected despatches on the subject
+of dispute from Lord Stanley, in reply to his own.</p>
+
+<p>Sir E. Wilmot was sensible of the financial burden inflicted by the
+convict establishments. A committee of government officers sat shortly
+after his arrival, and pointed out the many and large items to be traced
+to the prevention and punishment of crime. This report he forwarded to
+Lord Stanley. He complained that charges never before thought of were
+levied by the commissariat, as well as the full value of convict labor,
+and insisted that the expences incurred by the colonists for police
+ought in fairness to be defrayed by the crown, or that the labor at its
+disposal should as formerly be allowed in compensation.<a name="FNanchor_236_236" id="FNanchor_236_236"></a><a href="#Footnote_236_236" class="fnanchor">[236]</a></p>
+
+<p>So late as August, 1844, the secretary of state refused to entertain the
+claim for relief. He stated that the colony would be obliged to expend a
+sum nearly equal, although all the convicts were withdrawn; for their
+sakes, he said, the island was colonised; they constituted the working
+population; and he added that in the military and naval protection, the
+support of the unemployed convict, and the capital and cheap labor
+poured into the colony, a fair proportion of expenditure was borne by
+the crown.</p>
+
+<p>Pressed by extraordinary difficulties, Wilmot again<a name="FNanchor_237_237" id="FNanchor_237_237"></a><a href="#Footnote_237_237" class="fnanchor">[237]</a> urged the
+injustice of these conclusions. He complained that not only India,
+China, and the Cape of Good Hope, but New South Wales, were pouring in
+felons of the worst description, who, as pass-holders, occasioned a vast
+outlay for the suppression of crime. He told his lordship that for
+several years the land fund had totally failed, while the expenses of
+police and gaols, of judges and witnesses, had risen to &pound;50,000. At this
+time the number of arrivals was five thousand annually, sent from every
+colony and dependency of the empire, as well as from the United Kingdom.
+There were between three and four thousand pass-holders unemployed,
+7,000 in private service, 6,000 about to emerge from the gangs, 8,000
+with tickets-of-leave or conditional<span class='pagenum'><a name="Page_242" id="Page_242">[Pg 242]</a></span> pardons, and in all more than
+30,000 unqualified to quit the island without the consent of the
+crown.<a name="FNanchor_238_238" id="FNanchor_238_238"></a><a href="#Footnote_238_238" class="fnanchor">[238]</a></p>
+
+<p>It is impossible to read these representations without feeling indignant
+at the nobleman who suffered the representative of the Queen to struggle
+with difficulties so manifold and great,&mdash;who left him to the
+alternative of breaking through positive prohibitions or of incurring
+popular distrust and aversion. To this delay the governor owed much of
+the opposition he suffered, and the imperial government inconveniences
+of lasting consequence. Nothing was conceded to justice&mdash;nothing to
+entreaty; and the secretary of state yielded at last as despotism must
+ever yield,&mdash;without merit and without thanks.</p>
+
+<p>The whole change in the details of the convict department was marked by
+a spirit eminently opposed to the colonial welfare. With singular
+acuteness and perspicuity Lord Stanley described the former systems as
+subject to local influence and subservient to local ends. Every
+governor, he alleged, was under a strong bias in favor of expense, as
+the patron of a multitude of officials. He stated that the executive
+council were equally benefited by the wasteful expenditure, either in
+their own persons or those of their official brethren, and that every
+colonist had an interest in the multiplication of bills on the British
+treasury. To prevent these abuses, the convict estimates were
+thenceforth to be prepared by the colonial secretary, the
+comptroller-general, and the commissariat officer, subject to the
+approval of the secretary of state.</p>
+
+<p>The management of the prisoners being confided to the judgment of the
+governor, Lord Stanley deemed the chief cause of its many changes, and
+its subservience to colonial prosperity. The deference of the ministers
+to this discretion he attributed to the unwillingness of the home office
+to interfere with a functionary in correspondence with the colonial
+office, and the reluctance of the secretary for the colonies to guide a
+penal system designed for interests exclusively imperial. Thus, he
+stated, the governor was practically independent, and had strong
+inducements to render the labor of convicts subservient to colonial
+wealth, and to disregard the great design&mdash;the prevention of crime in
+Great Britain. He declared that all schemes of convict management were
+of colonial origin, and all contemplated local interests as their main
+object. To prevent these devices he<span class='pagenum'><a name="Page_243" id="Page_243">[Pg 243]</a></span> proposed to retain in the
+colonial-office the exclusive management of the details of
+transportation.<a name="FNanchor_239_239" id="FNanchor_239_239"></a><a href="#Footnote_239_239" class="fnanchor">[239]</a></p>
+
+<p>Among the items of convict expense was a charge of &pound;164,000 for rations.
+This Lord Stanley considered an extravagant outlay. He deemed it highly
+improper that in a country where all the means of subsistence existed in
+such abundance with an unlimited supply of manual labor, this charge
+should remain. He however feared that while the convicts were permitted
+to labor on works of colonial utility the local authorities would always
+find means to increase the charges for their subsistence (Feb. 28, '43).
+The treasury concurred in this view, and requested that explicit
+instructions might be given to Wilmot and the comptroller-general to
+prevent the employment of labor for the colonial benefit, and to devote
+their utmost efforts to raise the food on the waste lands of the colony.</p>
+
+<p>The convict department attempted agriculture, and they selected for the
+experiment cold, damp, and barren soils. Gardens of a few acres occupied
+a thousand men: the cleared land was utterly worthless. Garden seeds
+were brought into the colonial market, and potatos sold at twenty
+shillings which cost the government &pound;10 per ton. Several hundred men
+idled their time in cultivating land which did not equal in the
+aggregate a single farm.<a name="FNanchor_240_240" id="FNanchor_240_240"></a><a href="#Footnote_240_240" class="fnanchor">[240]</a> The estimated value of all the articles
+produced on two stations, Deloraine and Westbury, in 1846, by four
+hundred men, was less than &pound;2 per man; while the salaries of their
+officers were nearly double that sum.<a name="FNanchor_241_241" id="FNanchor_241_241"></a><a href="#Footnote_241_241" class="fnanchor">[241]</a></p>
+
+<p>Mr. Montagu, the late colonial secretary, in estimating the cost of the
+convict department, presented a calculation &pound;100,000 annually less than
+the estimate of the officers on the spot. This difference Lord Stanley
+set up as proof of the culpable negligence and profligacy of colonial
+expense. He considered the body of persons employed in the control of
+prisoners excessive. A reduction was therefore enforced, and in the end
+less surveillance was employed than free labor usually requires.</p>
+
+<p>To each party of three hundred seven overseers were attached, without
+constables or other restraint. The sub-division of these parties in
+labor left them often to the practical oversight of a single person, and
+he an expiree. Thus<span class='pagenum'><a name="Page_244" id="Page_244">[Pg 244]</a></span> they were able to make excursions for the purposes
+of robbery and pleasure: their clothing tended rather to disguise than
+distinguish them. As the terms of their service expired they were
+discharged in the prison dress, and no one could tell whether they were
+or not illegally at large. Escaped prisoners have been known to walk
+through bodies of men on the road without challenge. In several
+instances robberies were committed on travellers within the precincts of
+the stations. The enclosures were often merely the common garden fence.
+The judges avowed that in passing sentence for crimes they could not
+punish them with severity, considering the strong temptations of the
+men. Remembering the number virtually and legally at large, the degree
+of safety, or rather the instances of exemption from pillage, must be
+considered almost miraculous. A great portion of minor crimes were not
+prosecuted, and a still larger number were undetected; but eight hundred
+recorded crimes&mdash;a scourge to ten thousand families, and full of terror
+and danger to all&mdash;would not seem extravagant when divided among thirty
+thousand prisoners.</p>
+
+<p>The despatches of Wilmot to Lord Stanley described with accurate
+minuteness the social effects of the probation system. Those who
+remember his apparent apathy when those evils were the topics of
+colonial complaint will deplore the strange fidelity to his political
+chief which induced him to conceal his own sentiments from the
+colonists. He stated that the territory was inundated with unemployed
+prisoners; that no labor being in demand, they must either starve or
+steal; that a yearly increasing pauper population, without adding one
+atom to colonial wealth, would swell the catalogue of crime and increase
+the public expense in every form; that the number out of employment was
+fearfully great; and that land&mdash;cleared, fenced, in complete
+cultivation, with houses and buildings&mdash;might be bought at the upset
+price of waste land. To remedy these evils he proposed the extension of
+conditional pardons to the Australian colonies, the remission of the
+price of crown lands to emigrants, and the letting of allotments at a
+nominal rental for seven years to conditionally pardoned men, with a
+contingent right of purchase.<a name="FNanchor_242_242" id="FNanchor_242_242"></a><a href="#Footnote_242_242" class="fnanchor">[242]</a></p>
+
+<p>To all these remonstrances, so far as they affected the colonist, Lord
+Stanley had a ready reply. The colony was originally penal, and could
+claim neither compensation nor relief.<span class='pagenum'><a name="Page_245" id="Page_245">[Pg 245]</a></span> He considered that in emigrating
+the colonists surrendered at discretion; that they were not entitled to
+object to the trebling of their police burdens and to the importation of
+all instead of a small part of the convicts of the empire, as was the
+case up to 1840. His rejoinder was felt with that bitterness which none
+can realise who have not known the tyranny of irresistible despotism.
+Happily for mankind there is no power above the steady and determined
+operations of truth and right. The cruel desertion of the people in the
+hour of their distress&mdash;the scornful defiance of their complaints, has
+involved the cabinet of England in difficulties for which nothing but
+great sacrifices will fully obviate. No people in this hemisphere will
+entirely trust a British minister until the history of Van Diemen's Land
+is forgotten.</p>
+
+<p>The anticipated relief not having arrived, the governor again assembled
+the council on the 21st of October. He now proposed several expedients
+to meet the exigencies of the moment. He had, unauthorised by the
+council, borrowed money of a bank. He proposed to stop the forage
+allowance of the clergy, and to retain 12&frac12; per cent. of the salaries
+of the officials. Both these measures were withstood&mdash;the last
+effectively. The chief justice denied the power of the council to
+interfere with his income. When a new set of estimates was offered they
+were found to be unintelligible, and an adjournment, to enable the
+colonial secretary to afford the necessary information, was proposed by
+Mr. Dry. This reasonable request was lost by the governor's casting
+vote, and several motions with a similar object were defeated in the
+same manner. Mr. O'Connor, the non-official member who supported the
+executive, was absent, and thus the votes of the official and country
+party were equal, and the balance was in the governor's hands.<a name="FNanchor_243_243" id="FNanchor_243_243"></a><a href="#Footnote_243_243" class="fnanchor">[243]</a> At
+the next sitting of the council Wilmot proposed to pass the estimates.
+Ineffectual efforts to postpone their consideration exhausted all means
+of evasion, and Mr. Dry moved that the Appropriation Act should be read
+that day six months. He expatiated on the injustice of the system which
+condemned the colony to the cost of an imperial scheme, and insisted on
+the solemn obligation of the council to resist an accumulation of debt
+which<span class='pagenum'><a name="Page_246" id="Page_246">[Pg 246]</a></span> must involve the colony in ruin. Mr. Gregson followed, and
+referred to the unavailing representations of Sir G. Arthur, Sir John
+Franklin, and Sir E. Wilmot himself, in reference to police expenses,
+and dwelling on the evils of the convict system. An adjournment of the
+debate being moved the governor opposed it with his deliberative and
+casting vote, and added that he resisted the motion because it was only
+intended to embarrass. The Appropriation Act would then have gone to the
+third reading, but the non-official members at once quitted the chamber,
+and reduced the number below the legal quorum. On the day following Mr.
+Gregson appeared at the table and apologised for the absence of his
+honorable brethren, who were preparing a protest to present on the
+morrow. Wilmot complained of discourtesy, and denounced the opposition
+as disloyal and unconstitutional. They asserted that quitting the
+council chamber was not unusual, and was not a concerted movement, and
+resented in decided language the charge of disloyalty,&mdash;amounting in
+sworn councillors to perjury, if rigorously construed. The governor
+afterwards explained that he had reference only to the particular
+instance, and not to their general intentions.</p>
+
+<p>It had been publicly rumored that rather than allow the Appropriation
+Act to pass, several members had resolved to resign. Captain Swanston,
+less prominent in opposition, waited on the governor, and earnestly
+advised him to forward another set of estimates, prepared by Captain
+Swanston, for the approval of the secretary of state. He warned him that
+should he persevere a rupture would inevitably follow. In this interview
+the governor expressed his determination to proceed. He forgot, it would
+seem, some of those forms of civility which no man can safely neglect,
+and Captain Swanston left him with a sense of personal affront,&mdash;an
+immedicable wound.<a name="FNanchor_244_244" id="FNanchor_244_244"></a><a href="#Footnote_244_244" class="fnanchor">[244]</a></p>
+
+<p>In this temper the council met on the 3rd of October. Mr. Gregson called
+the attention of the members to a question submitted to Mr. Francis
+Smith, a barrister: Whether, as chairman of a committee, the governor
+had a deliberate and casting vote, and whether the quorum required by
+law at a meeting of council was requisite in committee; and thus whether
+the estimates were legally passed through the committee, the numbers
+present being less than one third, and the governor giving his double
+vote. Mr. Smith gave his<span class='pagenum'><a name="Page_247" id="Page_247">[Pg 247]</a></span> opinion that the estimates were in law
+rejected instead of carried; but the chief justice considered the
+sitting of committee merely a convenient method to sift beforehand items
+afterwards to receive a legal sanction in the council. The
+attorney-general without notice was unprepared to give an opinion, and a
+motion of Mr. Gregson for delay was lost. The colonial secretary then
+moved the third reading of the obnoxious bill, when Mr. Dry rose to read
+a minute, signed by the members in opposition, objecting to the
+proceedings. This being rejected as irregular, Mr. Gregson proposed that
+the third reading should be delayed that the members dissenting might
+bring forward other estimates. In urging this motion he rebutted the
+"disloyal" imputation, and referred the governor to the unity existing
+in the country party in proof that inevitable necessity alone had
+prompted the co-operation of persons hitherto adverse. This motion being
+lost&mdash;before the Appropriation Act could be carried&mdash;the opposition
+quitted the council. Those remaining did not constitute a quorum, and
+the legislative session was abruptly terminated. The <i>Gazette</i> of
+November the 4th announced that Charles Swanston, Michael Fenton, John
+Kerr, William Kermode, Thomas G. Gregson, and Richard Dry, Esquires, had
+resigned their seats.</p>
+
+<p>The obligation of the official members of the council to vote with the
+governor on all government questions had been long before decided. The
+non-official were only bound by their oaths to assist in all measures
+necessary for the good of the colony, but the nature of their powers and
+the proper mode of their exercise were subjects of dispute. Wilmot
+maintained that they were assisting in "a council of advice" on subjects
+submitted to their judgment, and were not qualified to question the
+general policy of the executive. All beyond a simple aye or no he deemed
+usurpation. Thus when they demanded papers, called for committees, and
+obstructed obnoxious measures by the artifices of parliamentary debate,
+they were charged with forgetting the duties of their office. These
+gentlemen, however, maintained that it was their duty to hold the
+executive in check on behalf of the people, and that whatever was not
+abstracted from their supervision by specific laws was proper for their
+consideration. The governor claimed a deliberate and casting vote; and
+thus one non-official member, by concurring with the executive, or even
+by abstaining from voting, neutralised the voice of the rest. The
+official members had no discretion allowed. Lord Stanley had ruled that,
+choosing to assume relations dis<span class='pagenum'><a name="Page_248" id="Page_248">[Pg 248]</a></span>qualifying them to vote with the
+governor, they were perfectly free to do so; but having done so, they
+could not retain their employment. He alleged that there would be an end
+of official subordination, and that the public service would be brought
+into serious discredit by allowing a different course. He admitted that
+exceptions might occur, but their force was left to the judgment of the
+governor.<a name="FNanchor_245_245" id="FNanchor_245_245"></a><a href="#Footnote_245_245" class="fnanchor">[245]</a> This decision reduced the official debates to a mere
+pantomime, and a seven-fold vote would have better expressed the real
+character of the legislature than the disguise of separate suffrages.
+The chief justice was alone independent.</p>
+
+<p>Having resigned their office, the <i>six</i> sent a letter of explanation to
+Lord Stanley. In summing up their complaints they asserted that they
+were called on to vote an expenditure the colony could not bear,&mdash;to
+anticipate a revenue higher than the customs department calculated on
+receiving; that they were denied information, although they were bound
+to deliberate; that they were expected to augment an alarming debt, and,
+when crime was increasing, to diminish police protection; that they were
+told by the governor he would carry the estimates by his casting-vote,
+before they refused to pass or had examined them; that the governor
+claimed power to borrow and spend without legislative consent; and
+finally, that discussion and enquiry were denounced as factious,
+unconstitutional, and disloyal: under these circumstances they resigned
+their seats, as the only open course, and submitted their conduct to the
+judgment of the Queen.</p>
+
+<p>The opposition to the measures of Wilmot could not be in every instance
+justified if separately considered. But the colony discovered in the
+governor an inflexible determination to carry out the system of
+probation under the instructions of Lord Stanley. It was not possible to
+resist the secretary of state, the chief aggressor. The imperious tenor
+of his despatches taught the people that mere remonstrance would be
+unavailing. They could only arrest his attention by involving his agents
+in embarrassment. Repeated motions for the attainment of the same object
+are certainly incompatible with legislative order. A small party might
+retard the public business, and gain no good end by delay; but the exact
+line between fair and factious opposition is not easily discovered and
+can be often only ascertained by the result.<span class='pagenum'><a name="Page_249" id="Page_249">[Pg 249]</a></span> In this instance the
+object was clearly expressed in a rejected resolution:&mdash;"This council do
+decline voting the sums stated in the estimates laid on the table for
+the payment of the judicial, police, and gaol establishments during the
+ensuing year, as far as the expenses of the convict department with
+respect to those items are incurred. At the same time they desire to
+place on record an expression of regret that they should, by a sense of
+duty, be compelled to adopt any measure likely even temporarily to
+embarrass his excellency's government."<a name="FNanchor_246_246" id="FNanchor_246_246"></a><a href="#Footnote_246_246" class="fnanchor">[246]</a></p>
+
+<p>The cause of "the patriotic six," as they were called, was eagerly
+espoused by the colony. To supply the vacancies occasioned by their
+retirement was the labor of weeks. The governor defended himself from
+the charge of despotism, and declared that he would never interrupt the
+freedom of debate or attempt to force the compliance of the council. The
+opposition press held up to scorn those disposed to accept a nomination,
+and gentlemen who did so were assailed with scandalous abuse,&mdash;so easily
+is the noblest cause degraded by its friends. A more suitable expression
+of popular feeling was given on the return of Mr. Dry to his native
+town. He was escorted by a large concourse of people and with all the
+usual tokens of public esteem. The father of Mr. Dry was exiled during
+the political troubles of Ireland in the last century, and after a
+respectable career attained considerable wealth. The son, the first
+legislator chosen from the country-born, the colonists saw with pleasure
+consecrate himself to the cause of his native land. Mr. Gregson, the
+leader of the opposition, was honored in a more substantial form. A body
+of his admirers, by contributions of large amounts, raised a testimonial
+in the shape of 2,000 guineas, and plate with a suitable inscription. On
+no previous occasion had public sympathy so attended political
+controversy, and never was the legislative freedom of the country more
+earnestly desired.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_232_232" id="Footnote_232_232"></a><a href="#FNanchor_232_232"><span class="label">[232]</span></a> Agricultural Dinner, October 18, 1843.</p></div>
+
+<div class="footnote"><p><a name="Footnote_233_233" id="Footnote_233_233"></a><a href="#FNanchor_233_233"><span class="label">[233]</span></a> Despatch, June 28, 1843.</p></div>
+
+<div class="footnote"><p><a name="Footnote_234_234" id="Footnote_234_234"></a><a href="#FNanchor_234_234"><span class="label">[234]</span></a> Despatch, No. 34, 1843.</p></div>
+
+<div class="footnote"><p><a name="Footnote_235_235" id="Footnote_235_235"></a><a href="#FNanchor_235_235"><span class="label">[235]</span></a>
+</p>
+<p><span style="margin-left: 6em;">NO TAXATION!</span><br />
+<span style="margin-left: 4em;">A meeting will be held at the Theatre.</span><br />
+Auctioneers, rise at our bidding.<br />
+Pawnbrokers, pledge the public your interest.<br />
+Butchers, show your pluck.<br />
+Publicans, prove your spirit.<br />
+Stage-coachmen, drive on.<br />
+Cabmen, make a stand.<br />
+Carters, put your shoulders to the wheel.<br />
+Eating-house keepers, support the constitution.<br />
+Boatmen, a long pull, a strong pull, and a pull altogether.<br />
+<span style="margin-left: 6em;">God save the Queen!</span><br />
+</p><p>
+August 6, 1845.<br />
+</p></div>
+
+<div class="footnote"><p><a name="Footnote_236_236" id="Footnote_236_236"></a><a href="#FNanchor_236_236"><span class="label">[236]</span></a> Despatch. December 5, 1843.</p></div>
+
+<div class="footnote"><p><a name="Footnote_237_237" id="Footnote_237_237"></a><a href="#FNanchor_237_237"><span class="label">[237]</span></a> January 24, 1845.</p></div>
+
+<div class="footnote"><p><a name="Footnote_238_238" id="Footnote_238_238"></a><a href="#FNanchor_238_238"><span class="label">[238]</span></a> Despatch, Jan. 31, 1845.</p></div>
+
+<div class="footnote"><p><a name="Footnote_239_239" id="Footnote_239_239"></a><a href="#FNanchor_239_239"><span class="label">[239]</span></a> Correspondence, January 5, 1843.</p></div>
+
+<div class="footnote"><p><a name="Footnote_240_240" id="Footnote_240_240"></a><a href="#FNanchor_240_240"><span class="label">[240]</span></a> Mr. Maclean's Report, 1844.</p></div>
+
+<div class="footnote"><p><a name="Footnote_241_241" id="Footnote_241_241"></a><a href="#FNanchor_241_241"><span class="label">[241]</span></a> Dr. Hampton's Report.</p></div>
+
+<div class="footnote"><p><a name="Footnote_242_242" id="Footnote_242_242"></a><a href="#FNanchor_242_242"><span class="label">[242]</span></a> Despatch, January, 1845.</p></div>
+
+<div class="footnote"><p><a name="Footnote_243_243" id="Footnote_243_243"></a><a href="#FNanchor_243_243"><span class="label">[243]</span></a> Mr. O'Connor, however, had protested against the police
+expenses in the following terms:&mdash;"Because, were this not a penal
+colony, one-third of its present police force would be adequate to its
+protection. I therefore do not consider that in common justice the
+colonial government ought to be required to defend themselves, at their
+own expense, against the aggression of convicts sent hither principally
+for the benefit of the mother country" (July, 1844).</p></div>
+
+<div class="footnote"><p><a name="Footnote_244_244" id="Footnote_244_244"></a><a href="#FNanchor_244_244"><span class="label">[244]</span></a> Letter of Captain Swanston to Lord Stanley.</p></div>
+
+<div class="footnote"><p><a name="Footnote_245_245" id="Footnote_245_245"></a><a href="#FNanchor_245_245"><span class="label">[245]</span></a> Despatch to Sir G. Gipps, Jan. 1st, 1845.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IId" id="SECTION_IId"></a>SECTION II</h3>
+
+
+<p>The development of the new convict system gradually disclosed its
+adverse character, and excited general dissatisfac<span class='pagenum'><a name="Page_250" id="Page_250">[Pg 250]</a></span>tion and alarm. The
+press warned the people that an attempt to change the whole aspect of
+the colony, from a free to a mere prison community, could only be
+resisted by instant measures. Abolition of transportation was spoken of,
+although as a contingency rather than an object desirable; and a few
+only of the colonists were anxious to speed that event. Among these was
+Mr. Pitcairn, a solicitor of Hobart Town, a gentleman never before
+prominent in politics, but eminently fitted to lead the community on
+this question. The first petition of a series unexampled in number was
+drawn up by him, and offered to the colonists for signature. All its
+allegations were supported by documentary evidence, drawn from the
+public records.</p>
+
+<p>The location of the gangs exposed them every moment to public
+observation. A frightful sketch of their distribution was drawn by the
+author of the petition. "If," said he, "you look at the last map of Van
+Diemen's Land (Mr. Frankland's), you will see, at the entrance of
+D'Entrecasteaux's Channel, South Port. Here there are 500 men. Above, at
+Port Esperance, 400 men. Above this, along the banks of the Huon, the
+farmers begin. At Port Cygnet, up the Huon, there are 350 men;
+proceeding up the channel, you come to Oyster Cove, 250; Brown's River
+(just above Worth West Bay and five miles from Hobart Town), 500. Taking
+now the main road from Hobart Town to Launceston (the lands on each side
+being all settled, fenced, and improved), you will see Glenorchy (eight
+miles from Hobart Town), 150 men; Bridgewater (twelve miles), 100; Cross
+Marsh (thirty miles), 100; Jericho (forty miles), 100; Oatlands (fifty
+miles), 180; Ross (seventy miles), 120; and Cleveland (86 miles), 250.
+At Perth (one hundred miles from Hobart Town and nineteen from
+Launceston), there was another gang, which was recently withdrawn.
+Leaving the main road, there are at the Broad Marsh, 240 men; at Fingal,
+400; at Buckland, 250; at Jerusalem, 500; at St. Mary's, 300; at
+Westbury, 200; at Deloraine, 300; at the Mersey, 200. In all, twenty
+gangs, comprising 5500 men."</p>
+
+<p>The petition this statement sustained desired the most moderate
+changes:&mdash;the reduction of the number transported to Van Diemen's Land
+to the standard of 1840; the amelioration of the discipline; the relief
+of the settlers from the expense occasioned by the presence of
+prisoners; and the gradual and total abolition of transportation. It was
+not adopted at a public meeting, but was published in several
+newspapers, and deliberately signed by those who admitted<span class='pagenum'><a name="Page_251" id="Page_251">[Pg 251]</a></span> its facts and
+joined in its prayer. Upwards of 1,700 persons attached their names,
+including six non-official councillors, forty-one magistrates, and many
+other persons of influence.</p>
+
+<p>The committee who took charge of the petition requested the governor
+would testify to the truth of its allegations and the respectability of
+the petitioners. In few words he promised compliance. He accompanied the
+petition with a despatch generally hostile to the object and unfriendly
+to the character of the subscribers, whom he described as men habitually
+factious, and who attributed their difficulties to any cause but the
+right. He asserted that their colonial property was trifling, and that
+they were encumbered with debt. He ascribed their discontent to
+insolvency, and their embarrassment to extravagance and speculation. He
+disputed most of their statements&mdash;distinguished between them and the
+more respectable majority against them&mdash;and stated that the number of
+signatures was due to the indolent facility with which such documents
+were signed. This despatch (August 1, 1845) was printed for the use of
+parliament, and soon came into the hands of the colonists. The absence
+of constitutional channels for the expression of their dissatisfaction
+led them to a measure which would otherwise be deemed an extreme one.
+Sir E. Wilmot was the patron of the Midland Agricultural Association, a
+body including much of the wealth and influence of the colony. They were
+convened by certain of the members, and the obnoxious despatch was laid
+before them. An animated and indignant debate terminated in the removal
+of Wilmot from his place as their patron. No prudent colonist would
+desire to see this precedent often followed. The distinction between a
+governor as the head of the social circle and as the chief of a
+political body will be more readily apprehended when his power shall be
+less absolute, and his secret advice no longer over-ride the wishes and
+interests of the people.</p>
+
+<p>Having filled up the vacancies in the legislative council, Sir E. Wilmot
+called them together. It appeared that money had been provided and
+appropriated, and a pledge given to the bank to confirm the contract in
+the council. It was intended to issue debentures, and thus settle
+out-standing accounts. Messrs. Reed and Hopkins offered to this scheme a
+decided opposition, and being unsuccessful, they resigned their seats.</p>
+
+<p>The English government at length agreed to pay &pound;24,000 per annum towards
+the police expenditure, but at the same time excepted the waste lands of
+the island from the general<span class='pagenum'><a name="Page_252" id="Page_252">[Pg 252]</a></span> system. The land fund, elsewhere given up
+for the benefit of the colony, was assumed by the lords of the treasury.
+It was contemplated to employ convicts in clearing and cultivating, and
+by the sale of land to indemnify the crown for the outlay. The governor
+was authorised by the secretary of state to allot portions of land to
+ticket-of-leave holders,&mdash;a measure offensive to the settlers in
+general, and found to be impracticable.</p>
+
+<p>The legislative council passed several acts of great colonial
+consequence. The Abolition of Differential Duties Bill (July, '46)
+exacted the 15 per cent, <i>ad valorem</i> on colonial commerce, in obedience
+to the policy of ministers. Thus the inter-colonial trade was loaded
+with burdens of great severity, and in many instances it was cheaper to
+send raw material to London and import English, than to exchange
+colonial manufactures. The measure was welcomed by some sheep-holding
+members as a tax on Port Phillip sheep, but the government disclaimed
+any other object than the increase of the revenue. A heavy retaliatory
+rate was then imposed by the New South Wales legislature. They however
+addressed their governor to obtain, if possible, a disallowance of the
+exactions of Wilmot. Messrs. Dunn, Orr, and Stieglitz entered their
+protest against the bill, and avowed the principles of free trade.</p>
+
+<p>A bill for electing commissioners of paving and lighting for the city of
+Hobart passed the council (August, '46), and although disliked as an
+indirect scheme of taxation, was not unpopular. The first election under
+it occasioned a keen competition and considerable excitement. It was the
+first instance of representation, but the bill made no provision for a
+scrutiny, and the returning officer declared the poll against the
+protests of the defeated candidates. Many fictitious votes had swollen
+the numbers of their antagonists. The commissioners sat for some months,
+and gave exemplary attention to their duties; but when the time came for
+rating the city, the defect of their election appalled them. This
+objection was long foreseen. An election without a scrutiny might not be
+founded on one valid vote. The government, unwilling to admit the defect
+of the bill, did not attempt to reform its details, and at length it
+fell into disuetude.</p>
+
+<p>A measure of still greater ultimate importance was enacted by the
+council, intended "to restrict the increase of dogs." A heavy tax was
+imposed on the keepers of this indispensable protector of house and
+fold. The multitude running about the streets was felt to be a nuisance,
+and the destruction<span class='pagenum'><a name="Page_253" id="Page_253">[Pg 253]</a></span> of flocks required some check; but the frame-work
+of the bill was objectionable, and the charge excessive. It will be seen
+hereafter that the tax occasioned the most serious disputes.</p>
+
+<p>The administration of Sir E. Wilmot was, however, suddenly brought to a
+close. Reports, forwarded by Mr. Forster, and adopted by the governor,
+extolled the outlines of Lord Stanley's system, while events were
+constantly occurring which, amply sustained by respectable testimony,
+demonstrated its sad consequences. Evils of a serious nature were
+extensively prevalent,&mdash;some, inseparable from every scheme of penal
+discipline, others aggravated by the excessive dimensions of the
+probation system, and not a few the result of the failure of demand for
+labor. The worst effects of sensuality were the most alarming feature of
+the system, but even they were probably only more flagrant because the
+extent of transportation gave them a wider range. Remedial measures
+demanded an outlay and inspection which the instructions of the home
+government had prohibited in language the most distinct. The ministers,
+having tied up the governor's hands, complained that he had carried
+economy to a pernicious extent, and in reporting the state of the
+prisoners, had passed over important questions. But those who examine
+the despatches of Wilmot with care will be compelled to question the
+accuracy of these complaints. There is scarcely an evil which the
+progress of the scheme unfolded that he did not admit and illustrate.
+These evils he thought partly accidental and partly inevitable in all
+penal schemes; but still he maintained that, with all its defects, the
+probation system, as such, was the best ever devised by the British
+ministry. Lord Stanley indeed stated that in "five reports from Captain
+Forster and seventeen despatches from Wilmot, he had either received no
+intelligence or that their remarks were casual, slight, and few." Thus
+at the end of three years he found himself destitute of any clear
+understanding in reference to the conclusions which Mr. Forster, as the
+immediate agent, or the governor, as the chief superintendent, must have
+formed respecting the soundness of the principles or the wisdom of the
+plans which both had been called upon to administer (September, '45). It
+was thus apparent that the colonial-office held the governor responsible
+not only for obedience to positive instructions, but for their results;
+and that, in the event of a sacrifice being required, the officers on
+the spot would be devoted: and so it happened.<span class='pagenum'><a name="Page_254" id="Page_254">[Pg 254]</a></span></p>
+
+<p>In closing the session (September, 1845) Sir E. Wilmot announced his
+recall. Although not usual then to address the council, he stated that
+he could not permit the members to disperse without acknowledging their
+assistance. A delusion for a time might expose a public man to popular
+injustice; but however misjudged, either during his life-time or after
+death, his character would require no other vindication than truth would
+afford. He informed them that his recall was not occasioned by his
+differences with the late members, but was ascribed to an imputed
+neglect of the moral and religious welfare of the prisoners; and he
+added, that the memory of their kindness would remain with him during
+the short remainder of his life.</p>
+
+<p>Mr. Gladstone, who had received the seals of office, conveyed to Wilmot
+the notice of his removal. The despatch is a singular example of its
+author's mental habits. While he complained that the governor's
+statements were obscure, he gave his own views in odd and scarcely
+intelligible terms. Thus, the governor had adverted to the moral
+condition of the convicts "in a manner too little penetrating:" he had
+not made it a point of his duty "to examine the inner world of their
+mental, moral, and spiritual state." Mr. Gladstone charged him with
+neglecting the vices of the stations&mdash;an error in judgment so serious as
+to render his removal imperative. These whimsical terms of reprobation
+excited universal astonishment. Practical men felt that the knowledge of
+the thirty thousand prisoners except by their conduct, to be ascertained
+by collating statistics, was rather more difficult than the hopeless
+task of similar investigations in ordinary life. The English press, with
+some truth and bitterness, described such demands as an encouragement of
+hypocrisy and religious pretence. No wise or good man will discredit
+religious teaching, but all such will look with suspicion, if not dread,
+and even disgust, on the statistics of prison piety&mdash;generally false and
+designing, in proportion as it is loud and ostentatious. The defects of
+the governor as a legislator were not taken into account. Mr. Gladstone
+indeed attempted to balance with much precision the merits of the
+patriotic six. He admitted that advice and assistance to the Queen might
+sometimes take the form of strenuous opposition to the executive. He
+denied the distinction between the offices of an elective and of a
+nominee legislator&mdash;between a council of advice and a representative
+legislature. He doubted whether Wilmot had properly calculated the
+difficulties which would<span class='pagenum'><a name="Page_255" id="Page_255">[Pg 255]</a></span> follow the passing of the estimates, or the
+sympathy which the six would receive from the people. He censured mildly
+the accusation of disloyalty, but at the same time he stated the quarrel
+with the six was in no degree the cause of the recall.</p>
+
+<p>In his last address to the council Wilmot alluded to the benign
+influence of time on a slandered reputation. This was soon after
+explained. Mr. Secretary Gladstone had accompanied the recall with a
+private letter which stated that rumors reflecting on the governor's
+moral character had reached the colonial-office, of a nature to hinder
+his future employment. Nothing specific was stated, and no clue to
+enquiry given. Rumors had been long current, and they were spread with
+activity. The <i>Atlas</i>, a Sydney journal, compared the governor to the
+tyrant of Capre&aelig;, and referred to his private habits with expressions of
+disgust. Remarks of a similar tendency appeared in a London periodical.
+It stated that the conduct of Wilmot excluded the respectable
+inhabitants of Hobart from his society, and made it impossible for
+ladies to enter his house. This was instantly rebutted by Sir John
+Pedder and other official persons, who declared their entire disbelief
+in these charges.</p>
+
+<p>Wilmot conjured Mr. Gladstone to state the time, place, and
+circumstances, the names of his accusers, and the exact nature of their
+imputations. In reply he observed that the persons who mentioned these
+rumors did not profess to support their credit by any statement of
+particulars, but to found them on general notoriety. He added that it
+"was not in his power to convey what he had not received." In the House
+of Commons a fuller explanation was afterwards given, in a discussion
+raised by Mr. Spooner, a Warwickshire member. It was then stated that
+the authors of the report were persons in the service of the crown, both
+in England and in the colony, and its effect, that the accused was
+living in scarcely concealed concubinage with several women. These
+preposterous imputations melted away the moment they were touched. Sir
+Robert Peel, an old neighbor of Wilmot, was highly displeased with the
+interference of Mr. Gladstone, and pronounced the charges unworthy of
+belief. The eldest son of Wilmot appealed to Earl Grey for a formal
+vindication, but he declined expressing an opinion, although earnestly
+pressed; and excused himself by alleging that, independently of this
+charge, there was ample justification of the recall. It would have been
+no great stretch of generosity had a minister admitted that rumors set
+up as a bar to<span class='pagenum'><a name="Page_256" id="Page_256">[Pg 256]</a></span> employment were no longer barriers to the confidence of
+the crown. Mr. Chester, a brother of Lady Wilmot, transmitted an
+address<a name="FNanchor_247_247" id="FNanchor_247_247"></a><a href="#Footnote_247_247" class="fnanchor">[247]</a> presented to Sir Eardley to the Bishop of Tasmania, for his
+remarks. He replied he could not tell to what reports it alluded, and
+could not contradict them; but that rumors of the kind had fallen under
+his observation which he had proved to be groundless: charges had been
+whispered, but none had been substantiated (May, '47).</p>
+
+<p>The reports in disparagement of Wilmot originated in the freedom of his
+address&mdash;perfectly innocent in itself, but liable to misconstruction.
+The credit they received depended entirely on the party sympathies of
+the listener, and they grew as they went. No one, however, attached much
+importance to them on the spot. Mr. Gladstone was condemned for
+entertaining them. He seems more worthy of censure for his indefinite
+method of stating their nature and the authority on which they rested.
+The moral character of a governor is of moment to a colony, and a just
+consideration in his appointment; but when assailed it should certainly
+have all the protection of a full and open enquiry.</p>
+
+<p>No governor ever was more unfortunate in his political position. He
+could only tax and restrain. There was nothing in his gift. To the
+substantial difficulties of the people around him he was unable to offer
+more than those general assurances which often exasperate rather than
+console. The state of religious parties increased his disquiet. He had
+to adjust the claims of churches to spiritual authority. In declining to
+erect ecclesiastical courts Wilmot not only gratified many, but he
+followed the direction of his legal advisers.</p>
+
+<p>Sir Eardley Wilmot, like most governors, considered himself the servant
+of the crown, restrained in his discretion by absolute and specific
+instructions. Had Lord Stanley acted with prudence he would have left
+much to Wilmot's judgment; but just before he had dilated with vast
+perspicacity on the tendency of governors to act in behalf of the
+colo<span class='pagenum'><a name="Page_257" id="Page_257">[Pg 257]</a></span>nists, to forget imperial interests, to misapply the funds and
+pervert the labor belonging to the crown. The precision of his
+injunctions left no alternative but to obey. Had Wilmot at once declared
+the impracticability of Lord Stanley's schemes he might have been
+recalled, but the responsibility of an utter failure would have rested
+with his chief. The interested reports of his subordinate officers
+unfortunately enabled him to hold out hopes of success which were never
+realised and to furnish an excuse for his condemnation. The governor was
+impatient of contradiction. He had been accustomed to debate; but the
+sarcasm which falls harmless on the floor of St. Stephen's Chapel, in a
+colony cuts to the bone. He forgot that the head of a government can
+hardly say too little of men or measures. In a conflict of words, to an
+executive chief victory and defeat are alike pernicious.</p>
+
+<p>The usual order had been given that the governor, during his residence
+in the colony, should enjoy the complimentary distinctions of office. It
+was commonly understood that his stay would be prolonged; but he died
+soon after his retirement (Feb. 3, 1847), in the sixty-fourth year of
+his age. The treatment he had received from the colonial-office, and his
+death far from the honored sepulchre of his fathers and the scenes of
+his early political fame, produced a general sentiment of regret. All
+the houses of business showed marks of mourning. A public funeral,
+attended by the administrator and the newly-arrived governor, was
+thronged by the citizens. It had been officially arranged that, except
+the ministering priest, the clergy of all denominations should walk in
+their several classes, but in one body, and the archdeacon, the
+moderator, and the vicar-general, as representatives of the three
+endowed churches, abreast. The Anglican clergy evaded this plan by
+stepping up before the coffin. When, however, the bearers were in
+motion, the catholic priests, by a rapid evolution, shot a-head of the
+procession. An ornamented Gothic tomb was erected in St. David's
+burial-ground to the memory of Sir Eardley Wilmot by subscription. It
+stands near the highway. His remains were interred close to the tomb of
+Collins.</p>
+
+<p>Sir John Eardley Eardley-Wilmot was descended from the ancient family of
+Eardley of Audely, Staffordshire. He was grandson of Wilmot, lord chief
+justice of the court of common pleas&mdash;a judge celebrated for justice and
+piety. Sir E. Wilmot was twice married,&mdash;first to Elizabeth, daughter of
+Dr. Parry, of Bath; and afterwards to Elizabeth, daughter of Sir R.
+Chester, of Bush Hall, Staffordshire.<span class='pagenum'><a name="Page_258" id="Page_258">[Pg 258]</a></span></p>
+
+<p>Charles Joseph Latrobe, Esq., Superintendent of the Port Phillip
+District, and subsequently first governor of that territory, now called
+Victoria, superseded Sir E. Wilmot (October 13, 1846). During his short
+stay as "administrator" he was employed in a careful scrutiny of the
+probation department. In performing this difficult duty he displayed
+exemplary activity and decision. He resolved to remove every officer
+chargeable with incapacity or neglect, and thus many were dismissed.
+This promptitude exposed him to imputations of harshness; but although
+it is probable he did not wholly escape errors of judgment, the chief
+acts of his administration were amply vindicated by the facts he saw.
+The opinions he expressed sustained the colonial impressions respecting
+the convict system. While he suggested many improvements in its details,
+he concurred with the general wish for its extinction. Mr. Latrobe never
+met the legislative council; and his government being limited to the
+established routine, left nothing to record.<span class='pagenum'><a name="Page_259" id="Page_259">[Pg 259]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_246_246" id="Footnote_246_246"></a><a href="#FNanchor_246_246"><span class="label">[246]</span></a> Motion proposed October 28, 1845.</p></div>
+
+<div class="footnote"><p><a name="Footnote_247_247" id="Footnote_247_247"></a><a href="#FNanchor_247_247"><span class="label">[247]</span></a> The following is the address, to which 250 names were
+appended:&mdash;"To Sir J. E. E. Wilmot, Bart.&mdash;We the undersigned,
+inhabitants of Van Diemen's Land, having heard that your recall has been
+influenced by reports injurious to your moral character, during your
+administration of the government of this colony, deem it to be a duty
+which we owe to truth and justice to express our unqualified
+contradiction of those reports, and we feel the more imperatively called
+upon to do so, from the fact of many of us having differed in opinion
+upon various measures of your government. Upon the occasion of your
+retirement into private life, we have to assure you that you carry with
+you our best wishes for your future welfare."</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h2>HISTORY OF TASMANIA.</h2>
+
+
+<h2>FROM 1847 TO 1852</h2>
+<p><span class='pagenum'><a name="Page_261" id="Page_261">[Pg 261]</a></span><span class='pagenum'><a name="Page_260" id="Page_260">[Pg 260]</a></span></p>
+
+
+
+<hr style="width: 65%;" />
+<h2>FROM 1847 TO 1852</h2>
+
+<h3><a name="SECTION_Ie" id="SECTION_Ie"></a>SECTION I</h3>
+
+
+<p>Sir William Thomas Denison, Knight, Captain of the Royal Engineers,
+presented his commission, January 26th, 1847. He had been employed in
+the dock-yards, and in the survey of important public works. His eminent
+abilities in a department connected with the employment of prisoners,
+not less than his respectable connexions, led to his nomination. His
+professional habits had not qualified him equally for civil affairs; but
+the chief object proposed by the minister, Mr. Gladstone, was the better
+disposal of prison labor, and the more effectual control of the
+convicts. Sir William entered on his office with less acclamation than
+usual. The changes had been too rapid and unfortunate to encourage much
+enthusiasm.</p>
+
+<p>Before his embarkation the secretary of state instructed Sir W. Denison
+to arrange the dispute with the late councillors, and the claims of the
+gentlemen who occupied their places after their resignation. He was
+informed that the conduct of both sets of legislators had received the
+royal approbation. It was left to his discretion to select six out of
+the whole number to complete the council. They were summoned to the
+government-house to hear the minister's decision, and were requested to
+decide among themselves who should be honored with a seat. This
+experiment failed. An altercation ensued, and some quitted the
+conference. The "six" adhered to each other, and Sir W. Denison
+ultimately declared the appointments of Wilmot were disallowed, and
+re-appointed the "patriotic six." The gentlemen rejected were advised
+that they held their office until superseded by commands under the
+sign-manual. In this opinion the chief justice concurred; but, pursuing
+the scrutiny, it was found that some nominations of Wilmot had been
+informal, the<span class='pagenum'><a name="Page_262" id="Page_262">[Pg 262]</a></span> instrument not stating to whom they succeeded. Their
+claims being quashed by this discovery, the "patriotic six" were again
+appointed in succession to each other,&mdash;a transposition required by the
+law. At this stage, however, Mr. Orr, who entered the council some time
+after the rupture, produced his appointment, which, unlike certain
+others, was expressed in the legal form. Thus again all the previous
+proceedings were quashed; and the governor, unable to unravel the
+difficulty, dismissed the council, to await instructions from
+Downing-street, or a warrant for the nominees under the sign-manual of
+the Queen (July, 1847). Thus during 1847 there was no legislature
+sitting, but at length the <i>Gazette</i> announced that the Queen had
+reinstated the original six (1848).</p>
+
+<p>It has been seen that under the government of Sir E. Wilmot an act was
+passed to restrict the increase of dogs, and another levying 15 per
+cent. duties. The owners of dogs were required to take out a license,
+and the proceeds of the tax were carried to the general revenue. Some of
+the settlers never complied with this ordinance, and others paid under
+protest. According to the opinion of several lawyers the council by this
+enactment had exceeded its powers. The act of parliament by which the
+council was constituted contained a provision to the effect that a tax
+should be levied only for local purposes, "to be distinctly and
+particularly stated in the body of the bill." It was contended that the
+restriction was violated, since the Dog Act contained no specific
+appropriation, and the amount was carried to the general revenue. The
+government, willing to avoid the trial of this point, did not hasten to
+enforce the penalty. It was understood that Judge Montagu had not
+obtained a license for dogs on his premises, and Mr. Morgan, then editor
+of the <i>Britannia</i>, announced to the government that he was an owner of
+dogs, that he had paid no license fee, and intended to pay none. The
+chief constable was directed to recover the penalties. Mr. Morgan being
+fined, appealed to the quarter sessions, and then to the supreme court.
+The judges, having heard the arguments of counsel, declared that the Dog
+Act imposed a tax and exceeded the powers of the council. They therefore
+annulled the decision of the inferior courts (Nov. 22, 1847).</p>
+
+<p>The views which dictated this judgment affected a more important
+act&mdash;the Differential Duties. Several merchants paid these charges under
+protest, and entered their suit for recovery. A revenue of &pound;20,000 per
+annum was thus in<span class='pagenum'><a name="Page_263" id="Page_263">[Pg 263]</a></span> peril. It was stated by the governor and crown
+lawyers that the judges themselves had passed the lawful limits of their
+jurisdiction, unsettled the whole body of colonial law, encouraged
+opposition to the government, and exposed its agents to vexatious
+prosecutions. The governor was determined to resist their judgment. The
+warrants for the members of the council had not arrived. Thus recourse
+to the legislature was impracticable, and the most obvious remedy was
+the removal of the judges, and the substitution of others, whose
+opinions were known to agree with the executive. The judges were
+charged, therefore, with a neglect of duty in omitting, as authorised by
+the law, to certify illegality in the Act prior to its enrolment; and by
+permitting the question of an act of council, they were said to override
+the legislature.<span class='pagenum'><a name="Page_264" id="Page_264">[Pg 264]</a></span><a name="FNanchor_248_248" id="FNanchor_248_248"></a><a href="#Footnote_248_248" class="fnanchor">[248]</a></p>
+
+<p>Pending this dispute, a creditor of Mr. Justice Montagu sued him for
+&pound;200. The privilege of his office presented a legal obstacle to the
+suit. This being decided by the chief justice, the creditor applied to
+the governor for relief. Mr. Montagu alleged an understanding, which in
+equity released him from immediate liability. The governor charged him
+with perverting the protection of his office, to defeat his creditors,
+and amoved him. Mr. Horne, the attorney-general, who framed the acts
+repudiated by the judges, was appointed to succeed Judge Montagu, and it
+became a question whether his opinion would send the merchants out of
+court. The registrar of the supreme court was called before the
+executive council, and questioned on the point. He stated that in the
+event of a division of opinion on the bench a verdict for the plaintiff
+would stand. To the suspension of the chief justice the executive
+council were opposed, and Sir Wm. Denison therefore requested the judge
+to relieve the government by asking leave of absence. To this he replied
+in terms suited to the respectability of his character. "Were I," said
+his honor, "to accept your excellency's proposal, I should, it appears
+to me, be for ever after degraded, and, <i>ipso facto</i>, render myself
+unworthy of holding the lowest office or employment which it is in her
+Majesty's power to bestow on a subject."<a name="FNanchor_249_249" id="FNanchor_249_249"></a><a href="#Footnote_249_249" class="fnanchor">[249]</a> At this stage of the
+proceedings the warrant constituting the legislative councillors reached
+the governor, and the opinion of the chief justice was of less moment to
+the executive.</p>
+
+<p>It now remained for the governor to annul either the laws opposed to the
+provisions of the parliamentary act, which declared the taxing clauses
+illegal, or to subvert those restrictions by declaring them inoperative.
+He chose this last course. The Doubts Bill declared that an ordinance
+once enrolled, whatever its provisions, or however repugnant to common
+law or parliamentary acts, should be held binding on the court; and
+although its rejection was proposed by the chief justice and five other
+members, it passed the legislative council.<span class='pagenum'><a name="Page_265" id="Page_265">[Pg 265]</a></span></p>
+
+<p>That the "Doubts Bill," so called, was inconsistent with the limitations
+of the council, has been virtually determined by a retrospective clause
+in the recent constitutional act, which cures the defect of these taxing
+clauses, and takes the question of legality from the future judgment of
+the court. By the act of 9 Geo. IV., sec. 83, the governor possessed
+powers sufficiently ample to pass, without notice or delay, any measure,
+and to adhere to its provisions in a pressing emergency; but the
+prohibition of taxes, for all but strictly local purposes, was
+peremptory and explicit.</p>
+
+<p>An instance of rapid legislation contemplated by the act, occurred
+(1843) when Dr. Turnbull held the office of sheriff. More cautious than
+his predecessor, he closely examined his commission, and discovered that
+the seal of the colony had been attached, and not that of the governor,
+as required by the charter of justice. This error had been made in
+successive commissions for many years. Every execution&mdash;criminal or
+civil&mdash;had been therefore illegal. At one sitting of the council the act
+of indemnity was passed, and all proceedings affected by the mistake
+were declared valid. The propriety of this promptitude was indisputable.</p>
+
+<p>The chief justice left the representation of his conduct to the
+governor. His treatment was the subject of keen censure in the commons;
+and by an unpublished despatch&mdash;the nature, not the terms of which
+transpired&mdash;Sir Wm. Denison was informed, and through him, the chief
+justice, that his conduct to this judge was decidedly reprehended by the
+crown. Mr. Horne's appointment and the amoval of Mr. Montagu were
+confirmed. Mr. Justice Montagu was an acute, eloquent, and impartial
+judge, but passionate and eccentric. His imprudence exposed him to a
+proceeding which, in the circumstances, it is difficult to approve, and,
+on general principles, not easy to condemn. The chief justice stood
+still higher in public estimation. For nearly thirty years he occupied a
+station of awful responsibility with a reputation unsullied, in a court
+where every variety of legal knowledge has been in demand and a vast
+amount of toil endured. Among the blessings which the British
+constitution bestows foremost of all is the freedom of the
+judgment-seat; and few political faults are less capable of palliation
+than a deliberate attempt to subject a judge to the influence of the
+executive.</p>
+
+<p>A minute addressed to the legislative council charged the merchants with
+forgetting the duty they owed to society, when they offered resistance
+to the tax. They, however,<span class='pagenum'><a name="Page_266" id="Page_266">[Pg 266]</a></span> maintained that every illegal demand is
+spoliation, and claimed a right to protect themselves and the public
+from its operation. Fifteen hundred persons signed a petition
+deprecating the interference of the executive with the supreme court.
+They asserted their conviction that the removal of Judge Montagu was
+occasioned by his decision on the Dog Act, and the desire to replace him
+by a more pliant judge. These various remonstrances had no effect on the
+ministers, and the entire course of the governor was approved, except
+the attempted coercion of the chief justice. The position of the
+government was one of considerable embarrassment. It was the
+unquestionable right of those affected to oppose the execution of
+illegal ordinances; but no blame would have rested with the governor had
+he amended them without removing the land-marks of the colonial
+constitution.</p>
+
+<p>A minute acquaintance with colonial history would justify the belief
+that appeal to Downing-street against the conduct of governors is
+utterly futile. When the dispute is between persons high in office the
+established policy does not predicate the result; but when a mere
+colonist complains he will find no precedent in Australian experience to
+cheer him in his task. Gross instances of oppression have not
+infrequently occurred; but in the Australian journals of half a century
+no example is recorded of a governor's recall on such grounds, or of
+such a censure on his conduct as might influence the habits of colonial
+rulers. An opposite course would be inconvenient&mdash;perhaps dangerous. As
+a choice of evils, it is better that the colonists should despair of
+redress than to encourage the discontented to harrass the representative
+of the crown. A result so invariable, however, proves that a
+colonial-office cannot protect the Australian people. This futility of
+appeal is more striking when the local authorities are protected by a
+laborious despatch writer. The subtle arrangement of facts and
+inferences suggests without appearing to dictate the judgment of the
+office. These papers first fall into the hands of subordinate officials,
+who feel a natural antipathy to colonists, whose established character
+is turbulent, rapacious, and democratic. In the multiplicity of
+business, comprehending the affairs of forty colonies, the responsible
+minister can know little of details, and that little he must rapidly
+forget. Thus, when a question is proposed, he asks time to refresh his
+memory. A pungent passage or epithet, wholly irrelevant to the real
+merits of the dispute, is drawn from these documents. It was thus when
+the quarrel between the executive and judges was debated in the<span class='pagenum'><a name="Page_267" id="Page_267">[Pg 267]</a></span> house.
+The minister, having read in a despatch that the decision of the judge
+would disorganise the body of law, represented the colony as a scene of
+turbulence, when not a single step had been taken but the courts of
+Westminster would have approved. But the house was equally ill informed.
+It readily acquiesced: the conversation dropped, and the despatch
+triumphed. No governors have stood so high in the colonial-office as
+despatch writers; whether that ability in epistolary correspondence
+implies general superiority, or that they beguile the minister of his
+judgment by the subtlety or wisdom of their political disquisitions.</p>
+
+<p>The petitions for representative government, repeated for more than
+twenty years, and which strongly interested the sympathy of all classes,
+were renewed with increasing hope of success from 1846 to 1850. The
+ministers, though admitting the abstract value of the privilege,
+hesitated while the great preponderance of convicts seemed to require an
+absolute authority. This feeling was not overcome until the accession of
+Lord Grey, who saw no danger in conceding to the free population the
+common rights of Englishmen. A variety of plans were submitted at
+different times to the parliament and ministry, to secure colonial
+representation. Mr. Joseph Hume suggested (1832) the admission of a
+certain number of representatives chosen in the colonies to seats in the
+House of Commons; in all nineteen, one being for Australia,&mdash;a measure
+once suggested for the old American colonies; but the distance in both
+cases, and expenses of transit, would not easily have admitted effective
+representation or perfect responsibility. Sir John Franklin suggested
+(1839) a legislature, to consist of twenty-one members, one third
+nominated by the crown, and the remainder elected by persons holding the
+qualification of common jurors. He gave a generous testimony to the
+intelligence and probity of the settlers, and alleged that they would
+bear comparison with corresponding classes within any dominions of the
+crown.<a name="FNanchor_250_250" id="FNanchor_250_250"></a><a href="#Footnote_250_250" class="fnanchor">[250]</a></p>
+
+<p>In 1843 the legislature of New South Wales was constituted. Originally a
+nominee council, the popular element was infused by two thirds being
+elective members. A civil list was reserved, and the disposal of
+territorial revenues withheld; but the partial liberty enjoyed was used
+with discretion and effect. The bill enjoined the establishment of
+district councils, authorised to superintend internal affairs,<span class='pagenum'><a name="Page_268" id="Page_268">[Pg 268]</a></span> and to
+fulfil many of the functions of municipal bodies. They were, however,
+never called into action. The scattered inhabitants found it difficult
+to assemble, and more so to reconcile their neighbors to local taxation.
+The machinery of the councils was set in motion only to defeat their
+design. Thus the legislative body retained in its hands the whole power
+which it had been intended to balance and check by the petty councils.
+Port Phillip, however, then a part of New South Wales, but more distant
+from the metropolis than England from Rome, was represented in a council
+sitting at Sydney. The loss of time required disinclined most gentlemen
+to undertake the representation, and those chosen were chiefly resident
+in New South Wales proper. Their numbers were too small for effectual
+action, and their sympathies were divided between their constituents and
+their neighbors. The revenues raised at Victoria were expended to some
+extent in the elder city, and the superintendent of Port Phillip had
+little influence and less power in the government. The popular
+dissatisfaction, which led to some unavailing petitions to the crown,
+took a curious form. Thus, in 1848, the electors met at the hustings and
+discountenanced the appearance of a candidate, and after waiting an
+hour, the returning officer announced that no member had been returned.
+On meeting for the election of a member for the city Earl Grey was
+chosen. The governor and superintendent considered this proceeding a
+disgraceful farce. The law officers could not question its legality, and
+the secretary of state was for two years member for Melbourne, without,
+however, taking his seat. Mr. Westgarth, a merchant of tried
+intelligence and public spirit, was chosen afterwards, and was presented
+to the house "in the room of the Right Hon. Henry Grey, Earl Grey."</p>
+
+<p>Sir Wm. Denison was instructed to report on the subject of an elective
+legislature for Van Diemen's Land. He furnished Lord Grey with various
+opinions and suggestions. He had recommended a frame-work, the
+counterpart of the New South Wales assembly, only, however, that he
+deemed it undesirable for colonies so contiguous to differ in their
+institutions. The experience of the Tasmanian legislative council had,
+he asserted, assisted him in forming an opinion on the character of the
+people. "When we see," said Sir William, "the low estimate which is
+placed upon every thing which can distinguish a man from his fellows,
+with the sole exception of wealth; when we see that even wealth does not
+lead to distinction, or open the road to any other<span class='pagenum'><a name="Page_269" id="Page_269">[Pg 269]</a></span> ambition save that
+of excelling in habits of self-indulgence,&mdash;it can be hardly a subject
+of surprise that so few rise above the general level, or that those few
+owe more to the possession of a certain oratorical facility than to
+their powers of mind or the justness of the opinions they advocate."
+"There is an essentially democratic spirit, which actuates a large mass
+of the community; and it is with a view to check the development of this
+spirit that I would suggest the formation of an upper chamber." Sir
+William Denison suggested that bishops might be members of an upper
+house, and certain <i>ex officio</i> representatives of government; the rest,
+whether nominated by the crown or elected by the people, to hold their
+seats for life.<a name="FNanchor_251_251" id="FNanchor_251_251"></a><a href="#Footnote_251_251" class="fnanchor">[251]</a></p>
+
+<p>By a despatch to Sir Charles Fitz Roy, Earl Grey expounded a new
+constitutional system for the colonies. It was zealously opposed in New
+South Wales. The people complained that the change in the constitution
+without their consent was an infringement of their vested rights, and
+disrespectful to their legislature. They objected strongly to a plan
+which made the district councils the electors of the assembly. They
+repudiated the statement that their legislature had absorbed all the
+powers of "the colonial state," and the checks and balance contemplated
+by the original constitutional act. These views were sustained by the
+legislature itself. The idea of two chambers was approved by the
+majority, but most elected members were against it.</p>
+
+<p>The plans of Earl Grey and the correspondence and petitions they
+produced were referred to the committee of the Privy Council, and the
+report adopted recognised all the great principles of British government
+except the full control of the expenditure (1849). This able paper
+recommended legislative councils for all colonies capable of supporting
+a civil list, one third nominees, and the remainder chosen by the
+people. The division of the legislature into separate chambers it
+resigned to the judgment of the colonies. It suggested a federal
+assembly for the general interest of the Australias, having its action
+closely defined. The "House of Delegates," to consist of not less than
+twenty nor more than thirty, were distributed&mdash;to each colony two, and
+one additional for every fifteen-thousand souls. This plan of government
+was differently regarded in different colonies. The elder condemned its
+restrictions: the younger rejoiced in the prospect of new franchises,
+and trusted to time to enlarge<span class='pagenum'><a name="Page_270" id="Page_270">[Pg 270]</a></span> their liberties. The general opinion of
+intelligent men was favorable to the division of the legislature, but
+the colonies were not capable of supplying the elements of nobility.
+Some aspiring persons desired a little house of peers, others the
+appointment of senators by the crown, and for life: a greater number
+were convinced that the legislature should be elective throughout. The
+social equality of settlers who landed together could not be forgotten
+in the diversities of their colonial fortune. The first collision of
+opinion would bring the machinery of double chambers to a dead lock, and
+no interposing power could adjust the dislocated frame-work. A stoppage
+of supplies would follow the first impulses of resentment. In English
+representation it is the last remedy, but then it betokens the dismissal
+of a minister or the downfall of a dynasty.</p>
+
+<p>The colonial press generally approved the ministerial bill, not as a
+measure approaching perfection, but for some favorite object it was
+calculated to hasten. It was hailed at Port Phillip because it secured
+separation from Sydney; at South Australia, as certain to terminate the
+ecclesiastical endowments; and in Van Diemen's Land it was welcomed,
+with all its faults, as the engine sure to destroy transportation. Thus
+the Colonial Reform Society, which attempted to defeat the government
+measure, found little sympathy beyond New South Wales, where the change
+gave nothing. The ministers interpreted the satisfaction of the colonies
+as a testimony to their skill, not detestation of their government. The
+real cause of colonial delight was the severance of their chains, and
+the certainty that when broken all the power of Europe could never renew
+them.</p>
+
+<p>The bill suffered some mutilations in its passage to the throne. The
+federal clauses were expunged. The local governors were opposed to the
+establishment of an assembly of delegates, which would have overruled
+their individual policy. They were fearful of compromising their
+revenues by permitting to New South Wales the preponderance of members.
+These objections, not indeed without weight, and, still more, the
+jealousy of the conservatives of an organisation which seemed but a
+prelude to independence, despoiled the measure of a provision which,
+however modified, must be ultimately restored. A reduction of the
+franchise of the bill from &pound;20 to &pound;10, nearly equal to household
+suffrage, was, however, the most considerable change. It was suggested
+by Mr. R. Lowe, to bear down an opulent emancipist interest in New South
+Wales. It was expected to give<span class='pagenum'><a name="Page_271" id="Page_271">[Pg 271]</a></span> irresistible power to that class in Van
+Diemen's Land. The bill was carried through the lords by a trifling
+majority in a thin house. The fate of a young empire but slightly moved
+the British peerage. It received the royal assent, August 5th, 1850.</p>
+
+<p>When the bill arrived the joy of Port Phillip was unbounded. Several
+days were devoted to processions and feasting. Numberless devices were
+exhibited, displaying the political bias of the people. Many thousand
+pounds were spent in the festivities. A similar though less magnificent
+display was made in Van Diemen's Land. All ranks were inclined to forget
+their differences, and public dinners, at which many hundreds were
+guests, celebrated the constitutional victory.</p>
+
+<p>Lord John Russell, on the second reading of the bill, explained his
+opinions, which, whether or not consistent with the ministerial measure,
+were worthy his station and political renown. "I anticipate with
+others," he said, "that some of our colonies may so grow in wealth and
+population that they may feel themselves strong enough to maintain their
+own independence in amity and alliance with Great Britain. I do not
+think that that time is yet approaching. But let us make them, as fast
+as possible, fit to govern themselves. Let us give them, as far as we
+can, the capacity of ruling their own affairs. Let them increase in
+wealth and population; and, whatever may happen, we of this great empire
+will have the consolation of saying that we have increased the happiness
+of the world." Such sentiments tend to extinguish the desire to quit a
+political connection rendered honorable by terms so nobly expressed by
+the first minister of the crown, and which, if fairly carried out, will
+make the colonies cling with fondness to a nation so magnanimous as to
+greet them with applause.</p>
+
+<p>In 1846-7 important additions were made to the educational means of the
+colony. An episcopal institution, called Christ's College, was formed at
+Bishopsbourne. Scholarships were founded by the medical, military, and
+clerical professions, and divinity fellowships endowed (1846). Lord
+Stanley recommended the establishment of a proprietary high school, open
+on equal terms to all denominations, and promised the patronage of the
+crown. The site reserved for this purpose at Hobart Town was granted by
+Sir W. Denison to the episcopalians, for the Hutchins' school. This
+alienation was deemed unjust. Instead, however, of wasting time in
+unavailing complaints, the friends of education were convened by<span class='pagenum'><a name="Page_272" id="Page_272">[Pg 272]</a></span> Mr. H.
+Hopkins, an opulent merchant, when a prospectus was submitted by the
+Rev. Dr. Lillie and J. West. A thousand pounds were subscribed in the
+room, and in five weeks &pound;5000 (1847). The first conspicuous object seen
+by the stranger on entering the river is the High School of
+Hobarton,&mdash;an edifice erected amidst enchanting scenery, on a site
+granted by the crown, and possessing architectural attractions which
+have yet to be equalled in this hemisphere. The institution is managed
+by a council of nine, chosen by the shareholders. The Rector, nominated
+by the London University, was the Rev. J. B. Froude, author of the
+"Nemesis of Faith,"&mdash;a publication which led to his instant resignation.
+James Eccleston, Esq., appointed in his stead, survived the opening of
+the school only one month. A thousand pounds were subscribed for his
+widow.</p>
+
+<p>Thus the activity of private zeal effected the objects contemplated by
+legislative interference. The growth of population will give ample scope
+for these various institutions, and extinguish all but a wholesome
+rivalry.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_248_248" id="Footnote_248_248"></a><a href="#FNanchor_248_248"><span class="label">[248]</span></a> The council derived their powers from the Act 9 of George
+IV., c. 83. They were permitted to enact ordinances "for the good
+government of the colony," but they were forbidden to impose taxes,
+except for local purposes; and they were ordered to state "distinctly
+and particularly in the body" of every law the purposes to which the tax
+should be applied; and thus to prevent the evasion of the prohibitory
+clause intended to protect the subject. It was not worth while to
+enquire whether the view of the judges of the legality of the act in the
+case of Symons <i>v.</i> Morgan was in harmony with the parliamentary act,
+because the question merged in one of much greater importance&mdash;Whether
+they could take that act into consideration at all? It was of far more
+consequence to know whether the colony had a remedy against the
+usurpation of the legislative council, than to decide whether Messrs.
+Horne and Fleming were better lawyers than Sir John Pedder and Mr.
+Justice Montagu. "The powers of a subordinate legislature," says a
+distinguished writer, "are expressly or tacitly delegated by the supreme
+government. In order, therefore, to determine whether an act of the
+legislature has a binding force, it is necessary to look at the extent
+of the delegation. If the act be not within the scope of the delegation,
+it is without binding force, and can be annulled before a competent
+tribunal" (Lewis on Dependencies). Sir Wm. Denison stated that the
+silence of the Judges for fourteen days after the act was
+passed,&mdash;whatever might have been the cause of that silence&mdash;ignorance,
+indolence, sickness, or corruption,&mdash;rendered the most unlawful stretch
+of power on the part of the council, including the total subversion of
+all the limitary clauses, binding upon the colony, and if sanctioned by
+the Queen, through the same ministerial inadvertence or corruption,
+binding for ever. Judging of the intentions of parliament by the general
+character of colonial legislation and by the cautious wording of this
+act, it could scarcely be imagined that they suspended the public safety
+on such a thread. That Englishmen should be deprived of their rights,
+without the possibility of appeal, by the inadvertence of a judge&mdash;not
+sitting in a court of justice, but in his own chamber&mdash;would be to
+legislate by accident. Sir Wm. Denison relied on the despatch of Sir
+George Murray (1828), which accompanied the Act 9 Geo. IV., known as the
+"Huskisson Act." The former practice was to require the governor to
+submit to the judge the draft of a bill before it was laid upon the
+table of the council chamber, no principle of colonial law being more
+"firmly established than that a colonial legislature cannot enact
+statutes repugnant to the law of England." The judge (he said) "might
+have found himself often required in open court to deny the validity of
+a colonial ordinance, on the ground of repugnancy." By the Act in
+question "provision was made for fully learning the views of the judges
+upon the law, and for preventing their refusing to execute any law that
+may be passed after a full consideration of their objections." Thus it
+was intended to "combine, as far as possible, the advantage of a strict
+observance of a general rule, and a harmony between the judges and the
+legislature." It was therefore clear that the power given to the judges
+to stop the enforcement of any illegal ordinance continued until their
+objections&mdash;whenever and wherever they might arise&mdash;had been "fully
+considered."&mdash;<i>Hobart Town Courier.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_249_249" id="Footnote_249_249"></a><a href="#FNanchor_249_249"><span class="label">[249]</span></a> Parl. papers, July. 1848.</p></div>
+
+<div class="footnote"><p><a name="Footnote_250_250" id="Footnote_250_250"></a><a href="#FNanchor_250_250"><span class="label">[250]</span></a> Despatch, August, 1838.</p></div>
+
+<div class="footnote"><p><a name="Footnote_251_251" id="Footnote_251_251"></a><a href="#FNanchor_251_251"><span class="label">[251]</span></a> Despatch to Earl Grey, 1848.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IIe" id="SECTION_IIe"></a>SECTION II</h3>
+
+<p>It now remains to record the most important colonial agitation of modern
+times. The opposition of Van Diemen's Land to a system reprobated by
+mankind&mdash;too long despised&mdash;awakened everywhere resistance to
+transportation; and, assisted by the discovery of gold fields of vast
+extent and opulence, will change the penal policy of the British empire.</p>
+
+<p>In the progress of the struggle all classes ranged on the same side.
+Parents thought of their children&mdash;patriots of their country. Every
+legislature of this hemisphere has expressed the popular will and
+demanded abolition, and the final triumph only awaits the fiat of the
+crown. The steps of the colonists have been cautious and deliberate,
+their perseverence and energy indomitable! Their success has been
+chequered by frequent disappointment, but never was a battle more nobly
+fought&mdash;never was there a cause more worthy of triumph.</p>
+
+<p>Mr. McLachlan, long a resident in Van Diemen's Land, judged the plans of
+Lord Stanley by the test of experience, and warned the minister of their
+too certain results. Other colo<span class='pagenum'><a name="Page_273" id="Page_273">[Pg 273]</a></span>nists in England corroborated his views
+and enforced his representation. Mr. Smith, a colonist of long standing,
+obtained an audience at Downing-street. He described the social dangers
+which environed the settlers. "I confess," said the noble lord, "that
+you are in an awful position."</p>
+
+<p>The representation forwarded by Mr. Pitcairn and his coadjutors was
+intrusted to Mr. M'Lachlan's care. The press of England took the side of
+the oppressed, and the inexorable office was obliged to listen, to
+argue, and retract.</p>
+
+<p>There was, however, one result of his scheme which moved the
+susceptibilities of Lord Stanley himself. He shrank from the
+"intolerable evils of a breach of faith" with the exiles of Great
+Britain. They had been encouraged to expect high wages and ready
+employment. Such was the fair reward offered. Far other was their actual
+lot. "Thousands of prisoners," said an official representation, "are
+going about idle, polluting the atmosphere in which they move. Is it to
+be wondered at that the Pentonville men should fall?"<a name="FNanchor_252_252" id="FNanchor_252_252"></a><a href="#Footnote_252_252" class="fnanchor">[252]</a> The extreme
+social degradation and demoralising contamination to which they were
+exposed in Van Diemen's Land, and the disheartening difficulties they
+had to contend with, were utterly incompatible with the spirit of Lord
+Stanley's despatch.<a name="FNanchor_253_253" id="FNanchor_253_253"></a><a href="#Footnote_253_253" class="fnanchor">[253]</a> This "breach of the public faith" was promptly
+repaired by a new series of projects.</p>
+
+<p>Sir Charles Fitz Roy and Sir E. Wilmot, assisted by Mr. Latrobe, were
+instructed to select a site whither to send exiles, there to remain
+while awaiting hire or voluntary emigration: conditional pardons which
+gave liberty in Van Diemen's Land, were made available in all the
+colonies.</p>
+
+<p>The formation of a new settlement was the grand expedient. Vessels
+bringing convicts to Van Diemen's Land were to convey ticket holders to
+North Australia. Happily for the world this project was defeated. A
+squatter hired exiles in England, with the sanction of the minister. A
+demand for labor sprung up. Sir George Gipps informed the secretary of
+state that from Moreton Bay to Melbourne exiles would be welcome. This
+Mr. Latrobe confirmed (1845). The settlers associated to bring expirees
+from Van Diemen's Land. Many shiploads were deported at &pound;1 per head.
+Thus the difficulty appeared at an end. The <i>Maitland</i>, engaged for
+North Australia, was diverted to Port Phillip. The men were promptly
+employed. The considerable flockmasters<span class='pagenum'><a name="Page_274" id="Page_274">[Pg 274]</a></span> were desirous of a regular
+supply, while the colonists in general were far less cordial. Opposition
+was, however, languid; and the occasional apathy of the public and the
+indecision of the press were construed as assent.</p>
+
+<p>While the home and colonial governments were constructing and dissolving
+systems, the idea of abolition was started by the press. "The settlers,"
+said the <i>Examiner</i>, "may not be prepared for this. Our own impression
+is that they are not; but it is our firm opinion that at no distant day
+the unanimous voice of the community will say, in a tone not to be
+disregarded, cease transportation for ever." (March, 1844.) Events a few
+months after still more forcibly pointed to this issue.</p>
+
+<p>Mr. M'Lachlan, in a letter to Mr. Gladstone, put the case of Van
+Diemen's Land in a striking aspect. "Shall the fairest isle in the south
+be converted into one huge gaol? shall the free inhabitants be made the
+passive instruments of punishing these criminals? Is this the only
+capacity in which the British government will recognise the free
+colonists? The petitioners have laid their case before the legislature.
+They trust they have not appealed in vain&mdash;that they will not be driven
+from a land where the best days of many of them have been spent"
+(February, 1846).</p>
+
+<p>The petition prepared by Mr. Pitcairn was presented in the lords by the
+Marquis of Lansdowne (March, 1846). In remarking on its contents, Lord
+Stanley begged their lordships to believe that the question involved
+interests more important than a single colony! He stated that Van
+Diemen's Land could not be swamped by an annual influx of four thousand.
+If, he said, the thirty thousand persons released from the prisons of
+France were so intolerable, what must be the condition of England with
+sixty thousand expirees then settled in the colonies? Van Diemen's Land
+was always a penal colony, and he saw no reason that it should be
+otherwise. Earl Grey warmly censured this policy, and complained "that
+no hope of relief from the frightful evils of transportation had been
+afforded." He stated that he was "prepared to express an opinion that
+transportation should be got rid of. He had long entertained that
+opinion, and had never seen the arguments of the Archbishop of Dublin
+refuted." A duplicate of this petition, presented to the Commons, was
+followed by the motion of Mr. Ewart, "That it is inexpedient to make Van
+Diemen's Land the sole receptacle of convicts, and that transportation
+be abolished, except as a supplement to penal discipline" (May, 1846).<span class='pagenum'><a name="Page_275" id="Page_275">[Pg 275]</a></span>
+The day chosen was inauspicious. The "house" was gone to the Epsom
+races. Mr. Hudson, the railway king, not better employed, stumbled into
+the chapel of St. Stephen, and counted out the members. Mr. Ewart
+renewed his motion (July 6). A few days before Earl Grey and Mr. Hawes
+had obtained the command of the colonies, they admitted the facts of the
+petition, and promised redress. The liberal principles avowed by the new
+government reassured the friends of Van Diemen's Land. Mr. Gladstone had
+determined to arrest the influx of convicts for two years: this was
+approved by his successor. In quashing the North Australian colony, Earl
+Grey stated his dissent from the principles on which it had been founded
+(September 30, 1846). The whigs ever expressed a decided abhorrence of
+penal colonisation and the collection of masses cradled in the
+traditions of crime. When taunted with this accumulation in Van Diemen's
+Land as the result of his policy of 1840, Lord John Russell
+explained:&mdash;"As to the sending of convicts to Van Diemen's Land, he had
+intended to adopt the policy recommended in the work of the Archbishop
+of Dublin. Had his plan been carried out, instead of 4,000 convicts sent
+to Van Diemen's Land there would not have been more than five or six
+hundred."</p>
+
+<p>When Earl Grey instructed Sir William Denison in reference to certain
+reforms, he intimated his expectation that transportation would
+terminate. Soon after Sir William Denison addressed to the magistrates
+of the territory a series of enquiries (March, 1847), of which the first
+was awfully momentous. "Do you consider it desirable that transportation
+of convicts to this country should cease altogether?" The character of
+the enquiry was described in a letter signed by the private secretary.
+The governor preferred communicating with these gentlemen, and by them
+with their neighbours, rather than with popular assemblies. It was not,
+however, to be expected that a subject of direct and universal concern
+would be resigned to the discussion of a single class; nor did persons
+holding magisterial distinctions, on that account command the confidence
+of the people. This was felt by the magistrates themselves. A
+preliminary meeting was convened at Hobart Town to discuss the subject
+of the circular. A difference of opinion was apparent, and an angry
+altercation ensued. Mr. Carter, a storekeeper, defended transportation
+as necessary to trade. Mr. Gregson advised his auditors to cast the
+question of crocks and slops to the wind, and to secure at once the
+final liberation of the colony.<span class='pagenum'><a name="Page_276" id="Page_276">[Pg 276]</a></span> A public meeting was held at Hobart
+Town. Ineffectual attempts to postpone the question by the advocates of
+transportation were offered, and the speakers on the popular side were
+loudly cheered. The party defeated signed a memorial representing that
+they were not heard at the meeting, and repudiating its decision. Sir
+William Denison promised to place it in the hands of Earl Grey "as a
+record to be employed in the support of the facts it contained."</p>
+
+<p>This second petition, adopted by the colony (6th May, 1847), was also
+drawn up by Mr. Pitcairn. The editors of the London <i>Morning Chronicle</i>
+remarked "That they never read a public document more calculated to
+command both the convictions and sympathies of those whom it addresses.
+Future ages would contemplate with amazement the fact that wrongs so
+cruel in their nature, and so enormous in their amount, have been
+inflicted in civilized times." It recapitulated the grievances of the
+colony with energy and clearness. It complained that promises of relief
+had proved fallacious&mdash;that the worst evils of transportation were
+continued; that there were then four thousand prisoners more in the
+colony than were ever at one time in New South Wales, and that 12,000
+free persons had quitted the country since 1841. The petition asked for
+representative government, the abolition of transportation, and the
+importation of 12,000 free immigrants at the expense of Great Britain;
+and it recommended the removal of the men to the colony of North
+Australia, or wherever they might be required. Meetings were held by
+different classes in several districts of the colony. In the most
+populous the feeling decidedly favored abolition. Not the least
+important of the series were held in Launceston. Six magistrates of the
+north determined to advise with the colonists at large. The persons who
+assembled at their call were undecided; the friends of abolition desired
+delay; its determined opponents deprecated public discussion; but to the
+majority deliberation seemed necessary, and on the motion of Mr. Dry a
+committee was constituted who were requested to collect evidence, to
+make a report, and draft a reply to the circular of the governor.<a name="FNanchor_254_254" id="FNanchor_254_254"></a><a href="#Footnote_254_254" class="fnanchor">[254]</a>
+The tradesmen of that public spirited community first expressed their
+sentiments. A few transportationists induced a respectable shopkeeper to
+propose thirty-nine reasons for the continuance of transportation, but
+<span class='pagenum'><a name="Page_277" id="Page_277">[Pg 277]</a></span>the warmth of his elocution and the frequent repetition of "because" in
+an Aberdeen accent, dissolved his party in laughter. The good humoured
+logician acquiesced in the voice of the assembly and abandoned the cause
+of transportation for ever. The meeting convened of the northern
+colonists assembled on the 10th of May. The committee appointed on the
+3d of April having prepared a report, and founded on its conclusions a
+reply to the circular, it was signed by the chairman, James Cox, Esq.,
+of Clarendon.<a name="FNanchor_255_255" id="FNanchor_255_255"></a><a href="#Footnote_255_255" class="fnanchor">[255]</a> Many who<span class='pagenum'><a name="Page_278" id="Page_278">[Pg 278]</a></span> were formerly advocates for transportation
+as it once existed, saw its dangers when they became anxious for the
+moral and social welfare of their sons. They were formerly but
+flockmasters, but they had become the founders of a state. They learned
+from the discussions of the ministers that what they had thought a
+service rendered to the crown was deemed disgraceful and degrading.
+Opulent settlers who visited Europe found it convenient to conceal their
+home, and some less prudent were repelled with unconquerable
+distrust.<a name="FNanchor_256_256" id="FNanchor_256_256"></a><a href="#Footnote_256_256" class="fnanchor">[256]</a> In a small community the public reputation is of personal
+importance, and it was alleged that to neglect the offer of social
+freedom would be infamy unexampled. To this feeling the abolitionists
+appealed. "Parents of Van Diemen's Land," said the author of a pamphlet
+called <i>Common Sense</i>, "can you hesitate? Let the timid and sordid
+doubt,&mdash;let them reckon the farthing they may lose! Let your hearts
+dictate your answer to the circular. Let it be worthy Britons,<span class='pagenum'><a name="Page_279" id="Page_279">[Pg 279]</a></span>
+Christians, and Parents. Shew that you prize your rights, and that you
+love your children. That land which they tell you will become a desert
+when the clank of chains, the cries of torture, the noise of riot, and
+the groans of despair shall be heard no longer, will <i>not</i> become a
+desert; 'it will blossom abundantly, and rejoice with joy and singing,'
+when your sons and daughters shall go forth, the free among the free.
+Consult your own understandings, that you may obey the dictates of your
+hearts. The Sovereign has invited you to express your desire. Let it not
+be one that will cause the eyes of mankind to look upon you with
+abhorrence, and turn away with contempt. Make not your name a scorn and
+a hissing! Perform your duty, <span class="smcap">and save your adopted country</span>!"</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_252_252" id="Footnote_252_252"></a><a href="#FNanchor_252_252"><span class="label">[252]</span></a> Mr. Boyd, August 29, 1845.</p></div>
+
+<div class="footnote"><p><a name="Footnote_253_253" id="Footnote_253_253"></a><a href="#FNanchor_253_253"><span class="label">[253]</span></a> Dr. Hampton to the Commissioner of P. P., Aug. '45.</p></div>
+
+<div class="footnote"><p><a name="Footnote_254_254" id="Footnote_254_254"></a><a href="#FNanchor_254_254"><span class="label">[254]</span></a> The committee was constituted by the following
+gentlemen:&mdash;Wm. Archer, J.P., W. H. Browne, L.L.D., James Cox, J.P., R.
+Dry. M.L.C., F. M. Innes, Esq., J. G. Jennings, J.P., W. R. Pugh, M.D.,
+J.P., H. Reed, J.P., J. Thompson, Esq., and J. A. Youl, J. P.</p></div>
+
+<div class="footnote"><p><a name="Footnote_255_255" id="Footnote_255_255"></a><a href="#FNanchor_255_255"><span class="label">[255]</span></a> This document, some extracts of which express the
+prevailing opinion, was read by Mr. Dry:&mdash;
+</p><p>
+"The circular addressed by his Excellency to the magistrates of this
+territory, has been made the subject of careful deliberation.
+</p><p>
+To his Excellency's first question&mdash;'Do you consider it desirable that
+the transportation of convicts to this colony should cease altogether?'
+we reply that it is our opinion transportation 'to this country should
+cease altogether.'
+</p><p>
+In connexion with this question we recognise the truth and importance of
+his Excellency's caution, that no 'material advantage' ought to 'balance
+against any amount of moral evil, however small;' we have therefore
+directed our attention to this point as preliminary to a decision on
+others less vital.
+</p><p>
+In examining the moral bearings of transportation, we have enquired&mdash;
+</p><p>
+1. Are there any moral evils occasioned by the transportation of
+convicts to the colony?
+</p><p>
+2. If so, are the moral evils now connected with transportation inherent
+and inseparable?
+</p><p>
+3. Can it be presumed that other, and greater moral evils will accrue to
+the colony from the stoppage of transportation?
+</p><p>
+It appears that the convicts in this colony out-number the children, and
+amount to nearly double the adult free population; that since the year
+1840, 25,228 prisoners have been transported to Van Diemen's Land and
+its dependencies; that one fifth only of these are females; that the
+greater proportion of domestic servants as well as laborers are
+convicts; that they are in constant contact with every class of colonial
+society; and that though not universally, they are generally persons of
+bad principles and vicious habits.
+</p><p>
+The numerical preponderance of prisoners has lowered the general tone of
+society, encouraged fraud, obstructed the administration of justice, and
+so far multiplied crime as to discourage its prosecution;
+notwithstanding 521 persons were <i>tried</i> before the Supreme Court and
+Quarter Sessions, last year.
+</p><p>
+The second enquiry is,&mdash;are the evils in connection with transportation
+inherent and inseparable?
+</p><p>
+Looking at the present condition of this island, it may be justly
+concluded that they are.
+</p><p>
+Reason and experience justify the conclusion that the aggregation of
+prisoners whether in close bondage or in society, must confirm them in
+evil. The effect of transportation is to force the free working classes
+from the island, and to supply their place with prisoners. It appears,
+therefore, demonstrable that as far as they are the instruments of
+demoralization, it is inevitable, from their numerical preponderance.
+Their condition affords no prospect of extensive reformation, and
+whatever evils they may be supposed to create, are essential
+consequences of transportation.
+</p><p>
+3. 'Whether greater evils may not arise from the shock to society, which
+the sudden cessation of a supply of labour may cause?'
+</p><p>
+It is not perceived in what manner the want of labour can be productive
+of greater <i>moral</i> evils than now exist. An increase of wages must be so
+far beneficial to the employed, and increase their means of comfort. It
+is not supposed that a deficiency of labour will increase the
+<i>immorality of the upper classes</i>; and no connexion can be discovered
+between cessation and an increase of evil in any form whatever. On the
+contrary, transportation, by raising the proportion of the aged, the
+feeble, and the incapable, would seem to lead to the apprehension that
+greater immorality may result as the growing effect of want and
+distress. Even were it true, that the more wealthy classes are safe from
+contamination could a moral cordon be drawn&mdash;even could they be held
+safe from the effects of unrestricted communication with men of the same
+language, color, and nation&mdash;still there appears no propriety in leaving
+the working classes generally out of account. Many were induced to
+settle in this country by representations for which the government is
+morally responsible. As subjects of the Queen, they are entitled to be
+guarded against any measures which may destroy their social position and
+domestic security; it would be difficult to justify the sacrifice of
+their welfare for the sake of a class&mdash;numerically much smaller&mdash;however
+rich.
+</p><p>
+And, in looking at the circumstances of this colony, no causes have been
+discovered for inferring its decline, <i>excepting only such as are the
+effects of transportation</i>."
+</p><p>
+The reply to the first query, "that transportation ought to cease at
+once and for ever," elicited applause that lasted some minutes.</p></div>
+
+<div class="footnote"><p><a name="Footnote_256_256" id="Footnote_256_256"></a><a href="#FNanchor_256_256"><span class="label">[256]</span></a> In our native land we are looked upon with feelings of
+horror. An old and respected colonist, and a most intimate friend of his
+own, had gone home, and had lately returned. He had told him some
+stories, and he would vouch for the truth of them. When he arrived at
+home he took his family to an hotel. He had not been there long before
+the landlord learnt that he had come from this place: he came to him
+with a face full of concern, and said, "You did not tell me, sir, that
+you came from Van Diemen's Land; do not let it be known, or I shall be
+ruined." On another occasion a friend of his had to assure the landlord
+that he was a perfectly honest man, and he need not be afraid of him,
+although he did come from Van Diemen's Land. A short time after he had
+been in England he engaged a butler. He had not been long in the family
+before he came and said the place did not suit him, and he left at once.
+The servants whom he had taken from this place soon found out the
+feeling that existed; and, instead of saying they came from here, they
+used to say they came from India.&mdash;<i>Speech of Robert Officer, M. D., at
+Hobart Town Meeting.</i></p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IIIe" id="SECTION_IIIe"></a>SECTION III</h3>
+
+
+<p>The benefit derived from Mr. M'Lachlan's efforts was apparent to all.
+But he was returning to Van Diemen's Land. The New South Wales
+legislature engaged the Honourable F. Scott, M.P., to watch over their
+concerns. To this Lord Stanley demurred. He said a retainer for a colony
+was inconsistent with the standing obligations of a member of
+parliament, and that a committee to direct him would usurp the functions
+of the executive (1845). The old American colonies appointed agents:
+sometimes acting for only one branch of the legislature where there were
+two chambers. They were often members of parliament. Edmund Burke filled
+this office for the assembly of New York, with a salary of &pound;500. The
+people of Van Diemen's Land formed "The London Agency Association," and
+appointed Mr. J. A. Jackson to represent them. Their proceedings were
+adopted by the colony, at a meeting called by the sheriff of Hobart
+Town; they did not however pretend to public authority, and they
+confined their attention to secular questions. The subscribers were
+called together at this crisis. By a vote, almost unanimous, they
+adopted a letter of instructions which directed Mr. Jackson to support
+the cause of total abolition. The London Agency Association expressed
+the opinions of the country gentlemen. There were several other
+organisations composed chiefly of tradesmen. In reference, however, to
+representation and abolition, all classes agreed.<span class='pagenum'><a name="Page_280" id="Page_280">[Pg 280]</a></span></p>
+
+<p>The British Government seemed to anticipate the wishes of the colonists.
+A despatch (February 5, 1847,) from Earl Grey, printed in the blue book,
+informed the people that transportation to Van Diemen's Land, except,
+indeed, as a part of the colonial empire, was finally terminated. There
+was nothing to prevent the arrival of exiles, when the state of the
+colony could admit of their dispersion amidst a free people,&mdash;a
+condition explicitly required by the primary object of cessation. This
+despatch Sir William Denison laid on the table of the council, and while
+he noticed its harmony with the wishes of a large proportion of the free
+inhabitants, he exhorted them to beware of undue exultation or
+despondency whatever the issue of the measure, and in this crisis of
+their fate to confide in the goodness of God (July, 1847).</p>
+
+<p>The views of the government were expounded in official letters and
+speeches in the British legislature. Stated with brevity they expressed
+a purpose to punish crime in England, and to assist the emigration to
+every British colony, individually rather than collectively, of men with
+conditional pardons. Sir George Grey asserted that the idea of resuming
+transportation to Van Diemen's Land was illusory. He recommended that
+the governor should be instantly informed of its termination. He
+condemned the practice of sending many exiles to one place as likely to
+create a feeling of caste, and in time produce the evils of penal
+colonisation. With these views Earl Grey concurred (February 5, 1847).
+He stated that they agreed with his established opinion, and he thought
+that well trained convicts might be dispersed in the colonies,
+especially taking care to promote the emigration of a considerable
+number of persons untainted with crime. To the same effect was his
+exposition of the future policy in the House of Lords. He expressed a
+hope that exiles might be so distributed that the chance of recognition
+should be slight. Lord Brougham made merry at this notion of banishment
+as a game at which two could play, and depicted the consternation of
+Calais at an arrival of reformed Pentonvillians. The chief reliance of
+Earl Grey was on the demand for convict labor in the colonies, which he
+far too highly estimated. When the intentions of the home government
+were declared, Sir W. Denison, who had given opposite advice, hastened
+to recall his recommendation. He stated that to resume transportation in
+any shape would be looked upon as a breach of faith, and be very
+embarrassing to government (August 28, 1847).</p>
+
+<p>The publication of Earl Grey's policy occasioned general<span class='pagenum'><a name="Page_281" id="Page_281">[Pg 281]</a></span> gladness and
+gratitude. But it was followed by a measure adverse to its whole spirit
+and the facts on which it had been founded (September, 1847). The
+governor was directed to remove the convicts at Norfolk Island to Van
+Diemen's Land, and to receive those remaining in New South Wales not
+entitled to release. Drafts of transports were constantly arriving from
+every British dependency, and thus additions were daily made to the
+overwhelming convict population. The vices of the Norfolk Island
+prisoners had appalled the empire. The residuary convicts of New South
+Wales indicated their character by their long detention. Some were
+imprisoned in caverns dug in the rocks, and their depravity assumed the
+aspect of mania. The whole colony was roused by these projects. Meetings
+and memorials were multiplied. A deputation to the governor, then in
+Launceston, was attended by a long and excited procession. He concurred
+in their sentiments, suspended the progress of the scheme, and received
+the thanks of the colonists and the minister. The result was
+unimportant, for from Norfolk Island the convicts were silently
+transmitted to Van Diemen's Land and distributed undistinguished.</p>
+
+<p>Mr. Gladstone, when secretary for the colonies, addressed a confidential
+despatch to Sir C. Fitz Roy (April, 1846), and left its publication to
+his discretion. It proposed to renew transportation to New South Wales
+with the assent of the colonial legislature. This proposal was submitted
+to a committee of the council. A report was founded on the evidence of
+employers and forwarded to Earl Grey. It consented, conditionally; that
+two free persons should be sent at the expense of England for every
+prisoner, and that assignment should be revived. It admitted that the
+real welfare of the colony might be best promoted by the total stoppage
+of transportation to Australasia; and it yielded to a regulated and
+compensating scheme only as the alternative of indirect transportation.
+To give effect to the report, of which the adjournment of the
+legislative council prevented the consideration, Mr. Darvall and five
+hundred others presented a petition to the crown, which Earl Grey, "laid
+at the foot of the throne." Earl Grey refused to restore assignment or
+to send two free persons for one in bonds; but he offered to send an
+equal number of each at the cost of the British treasury (September 3,
+1847). After an earnest but limited opposition the proposal was accepted
+by the legislative council, and the vast territory of New South Wales
+opened to the dispersion of 5,000 prisoners per annum.<span class='pagenum'><a name="Page_282" id="Page_282">[Pg 282]</a></span></p>
+
+<p>But Earl Grey himself departed from his own proposals (September, 1848).
+He alleged that the exchequer would not permit the execution of the
+emigration scheme, and that the demand for labour in the other British
+colonies to the full extent of the supply rendered the outlay
+unnecessary. Yet to satisfy the petitioners for convicts, some ships
+would be sent. But should the legislature insist, emigrants in equal
+numbers would follow them, and transportation terminate.</p>
+
+<p>The adoption of this course was prompted by financial considerations,
+but especially by the offer of Sir William Denison to receive 4,000
+convicts annually, and thus to disperse them over the continent. This
+offer had been cancelled in another despatch, but of this, although
+before him, Earl Grey took no notice. He described with great apparent
+elation, the character of reformed prisoners, and quoted a chaplain as
+his authority, who represented them in the most favorable light. They
+cheerfully endured exposure on the public works, to deter their fellow
+countrymen from crime, and overcame all their adversities by patience
+and prayer. To a variety of notions, all absurd and impracticable, and
+all speedily abandoned, he added, "Her Majesty's government accordingly
+propose in future, with regard to all convicts, except those whose
+health may require different treatment, or whose sentences have been
+commuted for imprisonment, that, after having gone through the two first
+stages of punishment already adverted to, they should be removed as
+holders of tickets-of-leave to Van Diemen's Land" (April 27, 1848).</p>
+
+<p>Mr. Jackson obtained an interview with Earl Grey (Oct., 1848), and
+pointed out the injustice of this course. His lordship lamented the
+revival of transportation to Van Diemen's Land, and said that it arose
+from unavoidable circumstances. He declared his adherence to the plan of
+dispersion, and his belief that South Africa, Port Phillip, and other
+colonies would afford an ample outlet for the prisoners. Circulars were
+accordingly sent to the Cape of Good Hope, the Mauritius, New Zealand,
+New South Wales, and Swan River. The Swan River colonists, a few
+hundreds in all, accepted the offer. South Australia refused. In New
+Zealand the people of both colors deprecated the plan. "Send us
+gentlemen," said the chiefs, "but send us no convicts."</p>
+
+<p>Before replies could arrive, Earl Grey resolved to attempt its
+execution. He began with the Cape of Good Hope: he thought that the
+military outlay for its defence entitled the crown to invade it with
+convicts. The <i>Neptune</i>, with ticket-<span class='pagenum'><a name="Page_283" id="Page_283">[Pg 283]</a></span>holders from Ireland, anchored in
+Simon's Bay: the inhabitants besought Sir Harry Smith to send her back.
+This he refused; but he expressed his entire sympathy with their
+opinions, and forwarded a despatch to that effect. He promised that not
+one should land without new orders from the secretary of state. The
+people, unwilling to depend on the justice of Earl Grey, formed a
+confederacy. They refused to hold intercourse with the government, or
+while the vessel remained on their coast to supply the commissariat, or
+to deal with any who violated this compact. Branch associations sprung
+up in every district: passes were issued to travellers to show they had
+not strayed from the <i>Neptune</i>. Every public body, civil and religious,
+sanctioned the resistance. The cause of the Cape was espoused by the
+British press. A motion was made in the Commons, by Mr. Adderley,
+amounting to a censure on the minister. Both Lord John Russell and Earl
+Grey promised to remove the grievance, and the <i>Neptune</i> was ordered to
+sail for Van Diemen's Land (November 3, 1849). The inhabitants gave
+money to be distributed to the prisoners at their destination (February,
+1850). This done, they joined in illuminations, public thanksgivings,
+and congratulatory addresses to the governor, who reproved their zeal,
+but rejoiced at their success. A prosecution of Mr. Fairbairn, for
+conspiracy to compel an unlawful act, was begun, but fell to the ground.
+A settler who supplied the government was honored with knighthood: an
+example was offered to the empire of passive but victorious resistance.</p>
+
+<p>The despatch of Earl Grey repudiating his own stipulation excited the
+rage of New South Wales. Mr. Charles Cowper carried resolutions
+rejecting transportation in any form whatever through the legislative
+council without opposition. On the arrival of the <i>Hashemy</i>, a convict
+vessel, the inhabitants of Sydney to the number of some thousands
+assembled (June 11, 1849), and by a deputation to Sir Charles Fitz Roy,
+demanded that the prisoners should be sent away, if necessary at the
+colonial cost. Sir Charles was alarmed and increased his guards; he
+refused admittance to the deputation, and represented their constituents
+as a factious and feeble minority. The <i>Randolph</i> on a similar errand
+entered Port Phillip; the people resolved to oppose the landing. They
+applied to Sir Charles Fitz Roy, then on a visit to their district, to
+prevent their invasion. They were sustained by the forcible remonstrance
+of Mr. Latrobe, and the vessel was sent to another part of the
+territory.<span class='pagenum'><a name="Page_284" id="Page_284">[Pg 284]</a></span></p>
+
+<p>No single cause will fully account for the intense and universal
+opposition to the plans of Earl Grey. The vacillation of his lordship in
+reference to the emigrant clause, produced feelings of exasperation and
+distrust, but the sad experience of Van Diemen's Land was accepted as a
+warning by other portions of the empire. A pamphlet, recording the
+proceedings of the Tasmanian colonists, was everywhere scattered. It
+minutely examined the penal policy of the crown, and recorded the
+various demonstrations against convictism (June, 1847). A large package
+of this pamphlet was forwarded by the Launceston Association to the Cape
+of Good Hope, and arrived a few weeks before the <i>Neptune</i>. Thus foreign
+fuel was added to the local fire&mdash;the testimony of men who had
+practically known the system, and by whom it was abhorred. The committee
+appointed by the Lords (1847), by the witnesses they examined,
+authenticated the evidence against it. The fate of Van Diemen's Land did
+not command peculiar interest amidst the wreck of thrones and the
+overthrow of empires; but the supposed connection between the criminals
+and insurgents of France alarmed the aristocracy, and disposed them to
+cling to transportation. The Bishop of Tasmania bore testimony to its
+colonial mischief. Lord Brougham endeavored to draw admissions favorable
+to his views with professional acuteness; but he was foiled, and the
+bishop pronounced the solemn warning that those who cast a prisoner,
+especially a woman, into a community where criminal principles prevail,
+pronounce a sentence for both worlds.</p>
+
+<p>The Tasmanian colonists were soon instructed by the press that the
+theory of dispersion was exploded. They were astonished to find fresh
+convict vessels hovering on their shores; but more still were they
+amazed to learn that Earl Grey seriously professed that by sending all
+the convicts to Van Diemen's Land he substantially realised dispersion.
+He indeed promised to provide an equal amount of emigration, but they
+knew that these projects were illusive. They had before them the
+addition of convict ticket holders, by hundreds, to thousands and tens
+of thousands already in the colony; there to struggle with their
+predecessors for bread. Such was the prospect of 1848.<span class='pagenum'><a name="Page_285" id="Page_285">[Pg 285]</a></span></p>
+
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_IVe" id="SECTION_IVe"></a>SECTION IV</h3>
+
+
+<p>"I hope," said Lord John Russell, "that when the house does come
+seriously to consider any bill having the question of transportation
+directly in view, it will consider the benefit of the colonies as well
+as of the mother country. I own I think it has been too much the custom
+both to pass acts imposing the penalty of transportation with a view
+rather to the convenience of this country than to the reformation of
+persons known to be of vicious habits, or to the interest of the
+colonies to which they were sent. We are bound to consider those
+interests likewise. We are bound when we are planting provinces, perhaps
+what may in future time be empires, to endeavour that they should not be
+merely seats of malefactors and of convicts, but communities fitted to
+set an example of virtue and happiness, and not to make plantations, as
+Lord Bacon says, of the scum of the land" (June, 1847). Such were the
+sentiments of the prime minister on penal colonisation. The secretary of
+the home department and the secretary for the colonies had been equally
+explicit. Could they really believe their own doctrine, when their
+practice was exactly opposite to its plainest dictates?</p>
+
+<p>The revolution in the policy of the crown everywhere excited
+astonishment and indignation. The minister, who denounced penal
+colonisation as a national crime&mdash;who had pleaded the cause of the
+colony and pledged the redress of its grievances&mdash;who, in short, had
+professed himself a disciple of Archbishop Whately&mdash;continued to pour
+convicts by thousands where for every free man there were two in bond.
+Destitute of legislative and physical power, the colonists could do
+nothing but deprecate. Every principal town and public body renewed
+their entreaties. To give them in full would be but to repeat statements
+of similar import. However variously expressed, they could scarcely
+deepen the unavoidable convictions of the world.</p>
+
+<p>In their numerous petitions the colonists referred to the public joy
+which had greeted an offer of abolition,&mdash;accepted not less as a signal
+interference of providence than as a proof of the equity of the British
+government. They slightly censured Sir William Denison who had called
+for four thousand convicts annually, against the petitions of 5,320
+colonists, 624 parents and guardians, representing 3,355 souls; against
+the memorials of the clergy of every sect, the oldest magistrates, and
+most opulent settlers, and<span class='pagenum'><a name="Page_286" id="Page_286">[Pg 286]</a></span> public meetings everywhere decisive, and
+they entreated deliverance from an experiment more hopeless than its
+predecessors. They reminded the government of Great Britain that the
+colony was now entitled to abolition, not only as a measure politic in
+itself, but as guaranteed by the deliberate and solemn promise of the
+minister, promulgated by the representative of the crown.</p>
+
+<p>A massive volume would be insufficient to contain the petitions,
+letters, and despatches produced in this controversy. Colonists well
+qualified to maintain the popular cause devoted to this question the
+best years of life.</p>
+
+<p>Sir William Denison, although opposed to one form of transportation,
+maintained its substance with a pertinacity which never wavered. He
+stood almost alone. He adopted the opinion that the supply of labor to
+the colonies of this hemisphere was within the special province of his
+government. The tendency of high wages to demoralise the workman and
+retard the prosperity of employers, are prominent topics in all his
+discourses and writings. Thus the masses of the people inferred that his
+schemes were hostile to their welfare, and that the depression of the
+working classes was a primary object of his policy. The opulent settlers
+had abandoned these considerations under the influence of higher aims.
+They were resolved to trust to the experience of other colonies
+where&mdash;with a demand for labor&mdash;a rapid enlargement of capital and
+diminished crime seemed to prove that the moral and material interests
+of the wealthy and industrial classes were not incompatible. The social
+recovery of the colony could only be effected by the influx of families,
+and a comfortable subsistence was indispensable to attract them. The
+arguments of the governor, addressed to momentary interests, were
+overpowered by a desire to stand on a level with free peoples. The
+disputants on both sides were in possession of facts favorable to their
+respective opinions. Whatever evils were proved against transportation,
+the labor it afforded had been long employed. Habit had reconciled the
+minds of many to its inferiority; and the means of supplying its place
+were confessedly contingent and remote. A new society, having no
+disabilities to remove, no moral stain to obliterate, and formed of
+elements in natural proportion, could not hesitate a moment. Economical
+experience would dictate the rejection of slaves. But to clear away the
+refuse of a long-existing social state, and to build anew, was a
+formidable undertaking, however certain of reward. Many landholders<span class='pagenum'><a name="Page_287" id="Page_287">[Pg 287]</a></span> and
+masters foresaw the trials attending the transition, but were willing to
+encounter them to attain an object beyond all price. "We wish it," said
+one of their manifestos, "to go forth to England, and to England's
+Queen, that we are not expecting solicitation or waiting for bribes; but
+knowing what we do, and prizing as man must ever prize the sources of
+gain, our resolution is taken,&mdash;relying on the sympathy of mankind, we
+cast ourselves on the goodness of Almighty God, and dare all hazards,
+<i>that our children may be virtuous, and their country free</i>."</p>
+
+<p>The expression of colonial feeling was accepted by most respectable
+dissentients as decisive. The settlers least averse to transportation
+were disgusted with the ever-changing views of the ministers. In the
+preceding ten years they had never known an hour's repose. In '38, the
+parliamentary committee condemned assignment. In '40, Lord John Russell
+stopped transportation. In '41, Captain Maconochie's mark system was in
+the ascendant. In '42, Lord Stanley's probation scheme sprang up. In
+'45, Mr. Gladstone projected the North Australian colony for
+ticket-holders. In '46, Earl Grey propounded the Tasmanian convict
+village scheme. In '47, he announced total abolition. In '48, another
+complete revolution took place, and all convicts were to be sent to Van
+Diemen's Land. This extravagance of upstart theory and fitful experiment
+without end, all tended to check colonial enterprise and destroy the
+public tranquillity.</p>
+
+<p>In whatever sense Earl Grey announced abolition in '47, it was clear
+that free emigration was essential to his plan when he proposed to
+resume it in '48. The funds he assigned for this purpose were sums,&mdash;the
+cost of their exile&mdash;to be exacted from ticket-holders as the price of
+freedom. But these funds were wholly prospective. Insuperable
+difficulties opposed their collection. Nor was the principle just. The
+sickly and unskilful would have stood at a greater distance from
+liberation than the clever and robust. The successful thief could
+purchase his freedom, and leave behind his more honest shipmates. The
+criminal being confounded with the debtor, a penal sentence would have
+ended in a civil process. Earl Grey proposed to add to the free
+population by the expenditure of &pound;10,000, granted by the parliament, but
+it was found that the families of convicts were to be the chief
+participants. Thus resumption cut off all hope of free emigration. Nor
+was it even desirable while the laboring classes were in poverty. The
+settlers had the example of New South Wales before them; where even<span class='pagenum'><a name="Page_288" id="Page_288">[Pg 288]</a></span> the
+sudden stoppage of transportation had been followed by rapid recovery.
+They were willing to combat their difficulties alone. "Such," said they,
+"will at no distant period be the condition of this country should the
+government prove just. And then, with its fertile valleys, clothed with
+abundance and filled with life, and its pure salubrious atmosphere
+giving length of days, it will need no other attractions than nature has
+conferred&mdash;no other commerce than the commerce of freedom&mdash;no patronage
+save the enterprise of its children. From the crown we ask nothing
+except to spare us from further wrong, and to accept our grateful
+loyalty in return for the uplifting of a burden too heavy to bear."</p>
+
+<p>The governor himself was adverse to the ticket system. The control
+exercised over the holders was limited to the most ineffectual and
+distant surveillance. They were free in reference to the colonists, and
+were subject to the same laws for the regulation of service.
+Restrictions were imposed on their locomotion, but without much
+practical restraint. Sir William Denison now recommended to the
+secretary of state to send all convicts to New South Wales, where wages
+were high and labor scarce, until the colonies being equal, the market
+of Van Diemen's Land might again share in absorbing them. To this plan
+the colony would have been disposed to assent at this stage of the
+struggle. By most persons it was thought reasonable, on national
+grounds, that the theory of dispersion should be tried, wherever it
+might inflict no peculiar caste or moral stain. Mr. Sharland, a
+strenuous abolitionist, prepared a series of resolutions against the new
+form of convictism. The governor promised to support them in the nominee
+council, and they passed unanimously (October, 1848). The first totally
+objected to the ticket system, as in the highest degree injurious to the
+convicts and the colony, and without advantage to Great Britain. The
+second recommended the dispersion of convicts throughout the colonies,
+accompanied by well-selected emigrants. The commentary of the governor
+explained these resolutions as a compromise between persons of adverse
+views. A large number of non-official magistrates&mdash;117 out of
+140&mdash;signed the condemnatory clause only. They declined to countenance
+the revival of transportation, or, by discussing theories of secondary
+punishment, to weaken the moral claim held in the pledge of Earl Grey.</p>
+
+<p>The increasing numbers of ticket-holders confirmed these objections.
+They were landed, and forwarded in considerable<span class='pagenum'><a name="Page_289" id="Page_289">[Pg 289]</a></span> bodies to seek
+employment in the interior. Their decent apparel and quiet demeanour
+made them less objects of aversion than pity. Unacquainted with colonial
+labor, they were often unable to procure employment. Amongst men of this
+class many, of course, were disorderly and reckless, and when they were
+not readily relieved, they were insolent and threatening. They could,
+indeed, throw up their tickets, and claim food of the government, but
+only by a process which exposed them to censure and punishment.
+"Unfortunate men," said the London Agency Association, "unacquainted
+with useful labor, wander from farm to farm, asking for a night's
+shelter or a morsel of bread. The relief of these men by the settlers is
+prompted alike by their humanity and their fears."<a name="FNanchor_257_257" id="FNanchor_257_257"></a><a href="#Footnote_257_257" class="fnanchor">[257]</a> These statements
+were disputed by the governor, but they were sustained by numerous
+certificates, and, in a form more qualified, by several police
+magistrates. In a lonely locality females could hardly refuse relief to
+applicants in parties, who pleaded the utmost want, and, when travelling
+over districts equal to an English county, depended on the charity of
+the settlers.</p>
+
+<p>These appeals were laid before parliament; they rested their claims on
+the word and honor of the minister, and on the unaltered circumstances
+which he quoted to justify his original design of abolition. The pledge
+was confirmed by the long acquiescence of Earl Grey and the other
+ministers of the crown. Lord Mahon, a member of the late ministry,
+complained that Earl Grey had fettered not only himself but his
+successors. He confirmed the colonial interpretation of the pledge,
+"most imprudently given by Earl Grey, that transportation should not be
+resumed to Van Diemen's Land;" and he expressed an opinion "that it was
+most impolitic and perilous thus to make pledges to the colonists that
+were not fulfilled."<a name="FNanchor_258_258" id="FNanchor_258_258"></a><a href="#Footnote_258_258" class="fnanchor">[258]</a></p>
+
+<p>During the same session Mr. Gladstone repeatedly referred to the purport
+of this abolition despatch, and urged the minister to extend as widely
+as possible the area of penal dispersion. He thought the policy of
+England less wise than in former times, when the numbers distributed in
+America were so small that they were lost in the mass of the population
+(March, '49). Lord John Russell, he observed, had given a pledge that
+transportation to New South Wales should be stopped. The same promise
+was made to Van Diemen's<span class='pagenum'><a name="Page_290" id="Page_290">[Pg 290]</a></span> Land. Had these pledges been kept? Such
+vacillation was discreditable to the name of this great country (June,
+'49).</p>
+
+<p>Earl Grey was still pressed by the reiterated appeals of Van Diemen's
+Land, and by imputations of having broken faith with its inhabitants.
+The complaints of eminent commoners were renewed in the lords. He was
+reminded that his opinions in 1846 were at variance with continued
+transportation. Earl Grey demanded proof, when Lord Lyttleton held up
+his despatch, and referred to an opinion but a few days before avowed by
+Lord John Russell, that the time was at hand when a substitute would be
+necessary for transportation. Lords Wodehouse and Ilchester followed,
+and predicted a fearful recoil,&mdash;a severe and well merited retribution.
+Lord Stanley reflected on the secretary of state for abandoning the
+remedial plans of his predecessor. "Expectations," he said, "had been
+held out to Van Diemen's Land, that transportation would cease, but that
+now it appeared that it was not to cease. What security had the noble
+lord that the colony would not resist the reception of convicts?" Lord
+Monteagle asked if it was possible to send them to Van Diemen's Land? To
+this Earl Grey replied that the colony was thriving, that the opposition
+to transportation had declined. Millions had been expended in preparing
+the country for convicts, and the free inhabitants could not expect that
+when they chose to call for cessation, the imperial policy was to be
+altered on their demand (April 12, 1850).</p>
+
+<p>"I must notice," said Earl Grey, "the remarks of the noble lord at the
+table (Lord Lyttleton) and the noble lord opposite, (Lord Stanley) as to
+the effect of the earlier measures of the present administration in
+producing the difficulty which is now complained of. It is asserted that
+the language used both in despatches and in discussions in parliament by
+members of her Majesty's government was calculated to create an
+impression on the minds of the colonists, that transportation was to be
+entirely discontinued, and thus to raise expectation, which it is
+painful now to disappoint. My lords, if that impression and these
+expectations were created, it was rather by what other parties
+represented to be the views and intentions of the government, than by
+anything which was said by members of the administration. I defy any
+person to read through the despatches upon this subject as a whole (for
+perhaps detached passages taken without the contents might be quoted
+which would convey a different meaning), and not to perceive that the
+view entertained from<span class='pagenum'><a name="Page_291" id="Page_291">[Pg 291]</a></span> first to last was, that convicts, after having
+undergone the most severe part of their punishment, were to be removed
+to the Australian colonies, and a very large portion of them to Van
+Diemen's Land. Undoubtedly it was the original intention of her
+Majesty's government that convicts should be removed as exiles; that is,
+under regulations by which on their arrival they would have been
+entirely free except as to the power of returning to this country." When
+his lordship was again taunted with the violation of his promise, he
+replied that Van Diemen's Land had no right to complain&mdash;colonies which
+had been founded as free colonies might do so; "but Van Diemen's Land
+had been originally intended as a penal settlement, and had no right to
+refuse to receive any number of prisoners the government choose to send,
+and that he (Earl Grey) was of opinion that the authority of the crown
+should be firmly asserted."</p>
+
+<p>Thus the hope of voluntary relief from Earl Grey was totally
+extinguished. He had before acknowledged that the claims of the colony
+were unsatisfied, and had given no distinct denial of the pledge; but
+his tone under these rebukes was authoritative and menacing. Passing
+over all he had ever said in favor of dispersion, he adopted the
+sentiments, almost the words of Lord Stanley, delivered four years
+before, when that nobleman defended the policy of transportation and
+denied the right of the colonists of Tasmania to complain.</p>
+
+<p>The people of Van Diemen's Land, on receiving this speech, met in
+unusual numbers, and renewed their protests and petitions. They extended
+the leagues, started a year before, by Mr. Young, a Launceston mechanic,
+to discountenance the employment of convicts. These compacts contained
+various conditions, but they all proceeded on the presumption that
+petitions must be followed by action. They were, however, difficult to
+observe. It was not easy to distinguish the different orders of convicts
+and periods of arrival. The working-classes, to whom the confederation
+was beneficial, taunted employers with inconsistency when they shrank
+from the unequal sacrifice. The governor himself described the opponents
+of transportation, who employed convicts, in terms of irony, and the
+press took up the reproach, and weekly reiterated the charge of "paltry
+trimming between principle and expediency." By many hundreds the pledge
+was signed notwithstanding, and it was generally kept. Many tradesmen
+exhibited an example of<span class='pagenum'><a name="Page_292" id="Page_292">[Pg 292]</a></span> self-denial and voluntary sacrifice to gain a
+public object worthy of praise.<a name="FNanchor_259_259" id="FNanchor_259_259"></a><a href="#Footnote_259_259" class="fnanchor">[259]</a></p>
+
+<p>When the <i>Neptune</i>, rejected by the Cape, arrived in the Derwent, except
+Mr. Mitchell, who was detained in bondage, the passengers were pardoned
+(1850). The painful exhibition of ministerial contempt stung more than
+it injured the people of Tasmania, and they declared that nothing but
+want of power prevented them from chasing the vessel from their waters.
+A solemn protest, addressed to the people of Great Britain, was signed
+by the chief merchants and landholders.<a name="FNanchor_260_260" id="FNanchor_260_260"></a><a href="#Footnote_260_260" class="fnanchor">[260]</a> From this time the
+colonists continued to protest specially against the violation of public
+faith whenever a convict vessel anchored on their shores. Scarcely any
+form of remonstrance remained to be tried. For three years the colonists
+had repeated their petitions. The collecting of<span class='pagenum'><a name="Page_293" id="Page_293">[Pg 293]</a></span> signatures in a
+scattered population was attended with much difficulty and expense. To
+stimulate and sustain hope through so long a struggle was the great task
+of the leaders of this movement. The parents&mdash;the women of Van Diemen's
+Land&mdash;the clergy, singly&mdash;all sects together and in their separate
+churches, kept up by petitions a constant fire. Such a topic could
+hardly be expected to fix the attention of the people of England, but it
+derived fresh importance from its complication with the fate of other
+colonies and the honor of Great Britain.</p>
+
+<p>The discussion of transportation for several years annoyed and
+distressed respectable expirees, who, unless intelligent and just, were
+disposed to murmur at arguments which seemed to glance at themselves.
+The caution and discrimination of the leaders of the movement could not
+always restrain the oratory of their friends, and many offensive
+metaphors or epithets dropped in the warmth of speaking, not in the
+circumstances to be justified. Stimulated by newspaper writers, certain
+educated emancipists of the metropolis proposed to form a "protection
+association" (October, 1850). In their manifesto they collected all the
+epithets calculated to wound the feelings of "their people," for so they
+called them, and drew out columns of "grievances"&mdash;in the mock
+sentimental style of pseudo martyrdom. "Such," said they, "is our truly
+melancholy condition: but the time has arrived to rescue our people."
+"We know the silent grandeur of our strength." They proposed to put down
+the abolition press, to send emancipists to the Council, and to assert
+the majesty of their numbers against their emigrant oppressors. But,
+though encouraged by some old transportationists amongst the
+magistrates, and by the government press, the scheme was too monstrous
+for success. The respectable expirees stood aloof, and even detested an
+organisation founded on the reminiscences of crime. A few noisy meetings
+and inflammatory speeches were sufficient to open the eyes of most to
+the gulf of caste into which their own protectors intended to fling
+them. The deputations to the country districts were met in some
+instances coldly, and in others with laughter. Mr. Gregson went to the
+assembly at Richmond, and crushed their project by a calm exposition of
+its character. From this moment the Union languished, and soon
+disappeared, leaving a memorable warning against penal colonization and
+the creation of a caste embittered by ignorance and revenge.</p>
+
+<p>It was, however, felt by the colonists that no expression of<span class='pagenum'><a name="Page_294" id="Page_294">[Pg 294]</a></span> the public
+will would recall the minister to a sense of justice, or command the
+effectual protection of parliament. The measures adopted by the Cape
+were impracticable in Van Diemen's Land: if, indeed, consistent with
+loyalty, they were not proper in a country where the support of the law
+was necessary to restrain the convict population. Such a course was
+predicted and recommended by the English press, but the ministers,
+better informed, felt no danger of active or passive resistance.</p>
+
+<p>Whatever compassion might be felt for Van Diemen's Land in the adjacent
+colonies, hitherto its treatment by the minister had produced no
+demonstration in its favor. It had been held up as a warning to
+stimulate resistance to any participation in its fate. The continental
+press pointed to its prostration with epithets of reproach, and it was
+described as the dust-hole of the empire. The sympathy of its neighbors
+was overpowered by the stronger feeling of self-preservation. It seemed
+like a mill-stone strung to the neck of the Australian world, and
+destined to drag it down to perdition. Under this impression they sought
+to impose restrictions on the migration of expirees and the holders of
+conditional pardons. The legislature of New South Wales passed a vagrant
+act, which required such persons to register their names at the nearest
+police-office, within a given time after their arrival. Earl Grey
+disallowed this ordinance, at the recommendation of Sir William Denison,
+as not only in itself oppressive, but calculated to retard dispersion,
+and counteract the royal prerogative. The great argument of the
+advocates for transportation in New South Wales was, however, founded on
+the impossibility of checking indirect transportation through Van
+Diemen's Land. Men landed in Tasmania, crossed over to Port Phillip, and
+were often traced by their depredations.</p>
+
+<p>The sense of impotence is not the least painful element of unjust
+suffering. This weakness was the topic of exulting scorn with the few
+enemies of the popular cause. The people were without allies or
+protectors, and completely subject to a despotic will.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_257_257" id="Footnote_257_257"></a><a href="#FNanchor_257_257"><span class="label">[257]</span></a> London Agency Letter, November, 1848.</p></div>
+
+<div class="footnote"><p><a name="Footnote_258_258" id="Footnote_258_258"></a><a href="#FNanchor_258_258"><span class="label">[258]</span></a> Debate, March 8, 1849. (Hansard.)</p></div>
+
+<div class="footnote"><p><a name="Footnote_259_259" id="Footnote_259_259"></a><a href="#FNanchor_259_259"><span class="label">[259]</span></a> Among the many devices to awaken attention to ministerial
+injustice was an association to obtain for liberated convicts, of the
+incorrigible class, a passage to England. The prospectus, signed by Drs.
+Browne and Gaunt, turned back the British arguments for transportation
+with effect, and proposed to remit the objects of their charity to the
+reform societies, parishes, and municipalities of England. This proposal
+was seriously discussed at Port Phillip, and nothing prevented its
+partial execution but the difficulty of preserving, with the ordinary
+arrangements of a vessel, the subordination of such a ship's company.</p></div>
+
+<div class="footnote"><p><a name="Footnote_260_260" id="Footnote_260_260"></a><a href="#FNanchor_260_260"><span class="label">[260]</span></a>
+</p><p>
+"<i>The solemn Declaration of the undersigned Colonists of Van Diemen's
+Land, addressed to the British nation.</i>
+</p><p>
+"On the 5th day of April, 1850, the ship <i>Neptune</i>, the vessel freighted
+with convicts to the Cape of Good Hope, but rejected by its inhabitants,
+anchored in the port of Hobart Town, under the orders of the right
+honorable the secretary of state, Earl Grey.
+</p><p>
+"Our reiterated petitions presented to her Majesty's government have
+impressed the feelings of every class upon the subject of
+transportation, and exhausted every argument which could enforce its
+abolition.
+</p><p>
+"The ministers of religion, the parents of 20,000 children, the
+magistrates almost unanimously, have in every form expostulated and
+implored; nothing that the constitution authorises remains to be done to
+make known the most unhappy and oppressed condition of this country....
+</p><p>
+"We cannot resist the oppression of the British government. We are
+convinced that appeals to the justice and humanity of the ministry are
+utterly unavailing; and that the principles which have induced them to
+relieve armed or rebellious colonies, lead to the oppression or
+contemptuous disregard of those who are too feeble for effectual
+resistance.
+</p><p>
+"We have patiently awaited redress; we have borne illegal taxes, imposed
+by a council of crown nominees, and maintained by the amoval of <i>one</i>
+judge and the appointment of another; and have appealed only to the
+provisions of the constitutional law of England&mdash;but in vain.
+</p><p>
+"And now, to fill up the measure of our wrong, ministers have publicly
+announced their contempt for our petitions, by ordering the <i>Neptune</i> to
+our port, and discharging her passengers upon our shores.
+</p><p>
+"In such circumstances silence would be criminal. As citizens and
+parents we hereby solemnly protest against the cruelty and falsehood of
+the English government&mdash;against the wrongs which threaten and oppress
+ourselves and our children.
+</p><p>
+"Van Diemen's Land, April, 1850."</p></div></div>
+
+
+<hr style="width: 65%;" />
+<h3><a name="SECTION_Ve" id="SECTION_Ve"></a>SECTION V</h3>
+
+
+<p>But the day of deliverance was at hand. "<i>The Australias are one</i>"
+became the watch-word of the abolitionists,<span class='pagenum'><a name="Page_295" id="Page_295">[Pg 295]</a></span> and they adopted decisive
+means to propagate the cry, and secure the co-operation of the colonies
+of the continent. From this idea sprang the "Australasian League"&mdash;an
+organization comprehending a numerical and moral force without parallel
+in the present colonial empire. At Launceston, on the 9th of August,
+1850, the following resolution was adopted:&mdash;"That the whole of the
+Australasian Colonies are deeply interested in preventing the
+continuance of Transportation to this Island. That the Launceston
+Association for Promoting the cessation of Transportation to Van
+Diemen's Land be hereby requested to address a letter to the respective
+Colonial Secretaries, Speakers of Legislative bodies, Municipal
+authorities, and other influential parties in those Colonies, earnestly
+requesting the co-operation to ensure their attainment of the great
+object we have in view."</p>
+
+<p>The feeling expressed in this resolution was instantly reciprocated in
+all the colonies. Speakers at their meetings referred to the condition
+and hopeless prostration of Van Diemen's Land as a general grievance. A
+letter, founded on this resolution, was drawn up by Messrs. West, Du
+Croz, and Douglas (dated August 26), under the instructions of the
+"Launceston Association," the first formed in the colonies. It was
+signed by the chairman, Rev. Dr. Browne, senior-chaplain of Launceston.
+After tracing the course of the British government, it proceeded:&mdash;"As a
+last resource we turn to our fellow-colonists who, united to us by the
+strictest ties, are liable to the same wrongs; and who will not be
+indifferent spectators of sufferings which they may ultimately share. If
+you look at the chart of Van Diemen's Land you will perceive her
+geographical position establishes a relation to the adjacent colonies
+which no laws can disown and no time dissolve. A few hours convey
+vessels from our shores to the ports of Victoria, New South Wales, and
+South Australia; and a few days' sail to New Zealand, and thence to the
+islands that crowd the Pacific Ocean. Her majesty's ministers have
+taught the communities established in this portion of the empire that
+their ultimate interests are <span class="smcap">ONE</span>: that upon the public spirit,
+intelligence, and virtue of each, in no small measure, depend the
+happiness and prosperity of all. We remind you that, in twenty years
+from the present moment, should transportation continue, and the annual
+number remain stationary, 70,000 or 80,000 convicted persons will have
+passed through Van Diemen's Land into the neighbouring colonies. They
+will consist of men not only originally depraved: all will have gone
+through the<span class='pagenum'><a name="Page_296" id="Page_296">[Pg 296]</a></span> demoralizing probation of public gangs: they will all have
+dwelt, for several years, in exclusively convict society, where every
+prevailing sympathy must be tainted with the habits of crime. This
+island will not be a filter; but the accumulation of moral wretchedness
+will unavoidably contaminate every mind, and stamp on every character
+the impression of its peculiar constitution. The sacrifice of this
+colony will not, therefore, exempt the neighbouring settlements from any
+portion of the mischief incident to direct transportation. They will
+receive the prisoners later in life, but deteriorated in character. Evil
+associations and evil men become worse and worse: such is the dictate of
+reason, and such is the solemn warning written in the oracles of God.
+If, then, your colony had cause to protest against the infliction of
+this evil in a limited degree, how much stronger must be your opposition
+to a system which will bring into your streets, your houses, your
+hospitals and prisons, the crime, insanity, decrepitude, and pauperism
+ever consequent on transportation, aggravated by transmission through a
+country in moral ruin. Were we to appeal to a principle of selfishness
+in addressing our countrymen, we might remind you that the reputation of
+this entire hemisphere is compromised by the condition of Van Diemen's
+Land. The nice geographical distinctions which colonists make are lost
+in the distance. As your vessels enter foreign ports, the line which
+divides your population from ours fails to distinguish them. We have
+heard with regret, and not without humiliation, that the British name,
+every where respectable until now, has ceased to insure to many, who
+have never forfeited its sanction, the common confidence of foreign
+nations. That a petty state, but of yesterday, has initiated laws
+intended to stigmatise all the inhabitants of the southern world, and
+attributing to the whole the character of convictism. A more serious
+consideration is the positive injury inflicted upon the islanders of the
+Southern Ocean by scattering among them desperate men who have been
+perfected in all the arts of wickedness, and who are placed within reach
+of an interesting and rising people, whom they too often shock by their
+vices and oppress by their crimes. We submit, sir, to your humanity as a
+British fellow subject, and to your discretion as a christian
+magistrate, the case of this country. In the mutation of human affairs,
+the arm of oppression, which has smitten us with desolation, may strike
+at your social well-being. Communities allied by blood, language, and
+commerce, cannot long suffer alone. We conjure you, therefore, by the<span class='pagenum'><a name="Page_297" id="Page_297">[Pg 297]</a></span>
+unity of colonial interests&mdash;as well as by the obligations which bind
+all men to intercede with the strong and unjust on behalf of the feeble
+and oppressed&mdash;to exert your influence to the intent that transportation
+to Van Diemen's Land may for ever cease."</p>
+
+<p>The colonial office at first did not deny, what indeed was
+unquestionable, that such hopes had been given, and not until twelve
+months after Lord Grey maintained that his discretion was not limited by
+his promise. Mr. Jackson again remonstrated with the minister on behalf
+of the colony. Earl Grey directed Mr. Hawes to assure him the government
+earnestly desired to meet the wishes of the inhabitants of Van Diemen's
+Land for the discontinuance of transportation (March, 17, 1849). The
+opinion of British legislators of high pretensions having confirmed the
+colonial interpretation, Earl Grey made another effort to recover New
+South Wales. He once more instructed Sir C. Fitz Roy to reopen the
+discussion (Nov. 19, 1849), and a message for this purpose was sent to
+the legislature (June, 1850). A new election meantime occurred, and the
+people, supposing the question irrevocably settled, had exacted no
+pledges from the members. Mr. Lamb, then a crown nominee, proposed
+(August, 1850), a series of resolutions confirming the previous
+decision, and declaring that tranquillity could only be restored by
+revoking "the order in council." The debate on these resolutions was
+postponed until the 27th of September, when it was understood counter
+propositions would be submitted.</p>
+
+<p>The proposal to revive transportation in New South Wales was under
+discussion when the speech of Earl Grey's reached the colonies. The
+people were called together to consult on their own affairs and
+naturally turned to the policy of government as exhibited in Tasmania.
+The resolution of the 9th of August obtained an immediate response, and
+gave a new aspect to the agitation. The great Sydney meeting (September
+16) "pledged themselves to co-operate with their brethren in Van
+Diemen's Land;" and an association then formed for preventing the
+revival of transportation opened a channel of communication. The <i>Sydney
+Herald</i>, the chief organ of the abolition cause, remarked, "the best way
+of dealing with this and all other evasions is that suggested by the
+people of Van Diemen's Land, the formation of a great Australian
+confederacy" (September 16). The people of Port Phillip "tendered their
+deep sympathy and hearty concurrence and co-operation," and appointed a
+provisional<span class='pagenum'><a name="Page_298" id="Page_298">[Pg 298]</a></span> committee to take such measures as might be deemed
+necessary to obtain complete redress. The unity of the colonies became
+thenceforth the favorite topic, and nothing remained but to give to this
+important sentiment a practical direction. Meanwhile (1st October), the
+council of New South Wales decided on the despatch of Earl Grey, so far
+as related to themselves. An amendment of Mr. M'Arthur, to receive
+selected exiles with three emigrants for each, although supported by the
+eloquence of Wentworth, was defeated, and Mr. Lamb's motion carried
+without a division. The abolitionists had made efforts to secure
+unexampled demonstrations without, and to determine the question for
+ever. They held meetings daily, and called into action all the agents of
+political agitation. The ladies imitated the mothers and daughters of
+Van Diemen's Land, and petitioned. The members on the popular side were
+encouraged by the countenance of the bishops and clergy of all
+persuasions. The judges gave the weight of their experience on the same
+side. Five hundred persons memorialised the council in favor of
+transportation. Thirty-six thousand protested against it. The Port
+Phillip members who went up to Sydney on this errand alone, to secure a
+majority of the side of abolition, were met by the citizens at the water
+side and escorted in triumph. The debates were more prolonged than any
+known before&mdash;Australian eloquence exhausted the topic, and satisfied
+the public judgment for ever. Mr. Wentworth in supporting the amendment
+yet declared his aversion to transportation, and his belief that nothing
+but a powerful confederation of the colonies would prevail against
+it.<a name="FNanchor_261_261" id="FNanchor_261_261"></a><a href="#Footnote_261_261" class="fnanchor">[261]</a> The governor was neutral: the official members of the house
+withdrew: but the attorney-general rose from the deserted benches, and
+claiming to perform a duty as a citizen who had watched transportation
+in all its stages and results, gave an irresistible testimony on the
+side of social freedom.<span class='pagenum'><a name="Page_299" id="Page_299">[Pg 299]</a></span></p>
+
+<p>A common interest in the liberation of Tasmania being thus avowed by the
+continental colonies, it became necessary to settle the principles of
+their confederation. The Rev. John West of Launceston, who had first
+mooted the measure, was deputed to consult with the colonists resident
+at Hobart Town. Meetings were accordingly held at the dwelling house of
+Mr. Hopkins of that city during several weeks, and the whole question of
+transportation in its colonial aspect was largely discussed. An
+impression seemed to prevail that the theory of dispersion, as
+originally propounded by Earl Grey, might have been beneficial to the
+empire and desirable for the convicts, and but slightly injurious to the
+colonies. It was clear, however, that the resolution of the free
+colonies was irrevocable, and that the continuance of transportation
+would pour an incessant and destructive stream of crime into Van
+Diemen's Land. Nor was it possible to make common cause with the
+adjacent communities but by supporting the object of their local
+resistance. Without reference to theories no longer practicable, an
+agreement was drawn up by Mr. Pitcairn, and signed by the gentlemen
+present, in the following terms:&mdash;"We the undersigned, deeply impressed
+by the evils which have arisen from the transportation of the criminals
+of Great Britain to the Australian colonies, declare that transportation
+to any of the colonies ought for ever to cease, and we do hereby pledge
+ourselves to use all lawful means to procure its abolition&mdash;Robert
+Pitcairn, Thomas D. Chapman, Henry Hopkins, G. C. Clarke, Joseph
+Allport, John West, F. Haller, G. W. Walker, William Rout, Henry Smith,
+P. T. Smith, Robert Officer."</p>
+
+<p>Having thus secured concurrence in the object to be sought, the
+initiation of practical measures was remitted to the Association of
+Launceston. At an adjourned meeting of that body, on 10th October, the
+secretary, Mr. Crookes, was instructed to propose a conference of
+delegates from each of the colonies, to be held at Victoria. This
+proposal was instantly adopted by the abolitionists of Melbourne: the
+mayor was requested to forward invitations, and to fix the time of
+meeting for January, 1851. The people of New South Wales and South
+Australia found it inconvenient to comply with this arrangement, but
+expressed the most cordial interest in its issue. The Associations of
+Hobart Town and Launceston selected, as their delegates, the Rev. J.
+West and W. P. Weston, Esq., who, for some years, had been actively
+engaged in the struggle against transportation.<span class='pagenum'><a name="Page_300" id="Page_300">[Pg 300]</a></span> A public breakfast was
+given by their constituents at the port of embarkation, at which Mr.
+Sharland presided. The delegates explained their views. They were going
+forth to change the policy of a mighty empire. "We," said they, "assert
+that a community should deal with its own crime; at least, so deal with
+it that, in its disposal, it shall not injure those who have never
+offended,&mdash;so that, at least, the honest labourer shall not be brought
+into unfavorable competition with the hardened criminal,&mdash;so that, at
+all events, our sons shall not be driven from their homes to seek
+employment in distant lands, there to meet suspicion and contempt." They
+disclaimed all intentions inconsistent with constitutional loyalty, and
+all weapons but those of justice and truth. "We are a loyal people, and
+have given abundant proof of our loyalty, but it is not an unalterable
+principle. There is an old proverb: 'The sweetest wine makes the sourest
+vinegar.'" On the departure of the delegates (Jan. 15, 1851) they were
+attended by the Launceston Association and a large concourse of people.
+The vessels in the harbour were decorated with their colours, and the
+whole scene was imposing. Three cheers were given for the Australasian
+Conference, and three for the Queen. As the vessel moved from the wharf,
+the band struck up the air which well expressed the feelings of the
+moment&mdash;"Rule Britannia: Britons never shall be slaves." "In a few
+weeks," said a spectator, "the Australasian League will be a great
+fact&mdash;an epoch in the history of Australia. We have seen the beginning
+of the end."</p>
+
+<p>When the delegates landed at Victoria they were warmly welcomed. An
+address was read and presented to them by the mayor, Mr. Westgarth, the
+member for Melbourne, Mr. Stawell, and other gentlemen of the
+association. "We bid you," said they, "God speed, in the high and holy
+mission on which you come. Rest assured that the colonists of Victoria
+will go with you heart and hand, and they will not cease their efforts
+until the emancipation of the Australian colonies from the oppression of
+British crime shall be fully accomplished." "You," said the delegates in
+reply, "can confer no greater honor on the province that bears the name
+of Victoria, than by initiating measures which may assure the Australian
+world that that illustrious name shall everywhere be the guarantee of
+justice and truth." The delegates and the local association met in the
+town council chamber, and concerted the plans of future action. After
+several protracted sittings the terms of confederation<span class='pagenum'><a name="Page_301" id="Page_301">[Pg 301]</a></span> were settled,
+and a "<span class="smcap">League and Solemn Engagement</span>" formed for the Australian
+world.<a name="FNanchor_262_262" id="FNanchor_262_262"></a><a href="#Footnote_262_262" class="fnanchor">[262]</a></p>
+
+<p>This covenant bound the subscribers to reject convict labour afterwards
+arriving; to employ their powers electoral, official, and legislative,
+for the extinction of transportation; and to afford their utmost
+assistance to all who might suffer in the lawful promotion of the cause.
+Another article, pledging non-intercourse with obstinate
+transportationists, was expunged on the motion of Messrs. West and
+Stawell, as scarcely within the range of moral force, and needless in
+the state of public feeling. To frame a confederation securing perfect
+independence of action in the separate colonies, and the effective
+co-operation of all, was a more<span class='pagenum'><a name="Page_302" id="Page_302">[Pg 302]</a></span> difficult task. This, was, however,
+fully accomplished. The members, admitted by subscription alone, elected
+the provincial councils, who appointed their delegates. These formed the
+general conference. This body enacted the rules of united operation;
+they appointed an executive board to carry them out, and nominated
+gentlemen in London to direct operations in Great Britain. The local
+councils retaining control over the funds collected within their bounds
+were authorised to contribute for common purposes, and to appoint paid
+delegates to carry home their remonstrances to the English government
+and people. Such was the constitution of the League, which may hereafter
+suggest the union of the colonies under the sanction of the crown. The
+delegates adopted addresses to the British and the Australian public. To
+the colonies they depicted the vast moment of this agitation, and
+invoked their instant and earnest aid, closing with these solemn
+appeals: "Ponder deeply, fellow colonists of Australia, the prospect
+that lies before you. Consider well the moral and even the merely
+economical relations of the question. Reflect on the subject of the
+administration of justice, not only with reference to its enormous
+expense, but also as to the social effect of the ceaseless and weary
+labours of our criminal courts. Reflect on the vast and gloomy gaols
+that must meet our eyes in a noble and fruitful land, where prosperity
+should have banished almost the remembrance of crime; on the arrays of
+our police that ever remind us of the noxious elements of our
+communities; and think, too, of our daily press that might edify a
+virtuous public by accounts of incessant progress and well doing, but
+which, faithful to the cause of truth, must ever teem with the harrowing
+evidence of the depravity of our fellow-beings. And again turn to the
+scene that so frequently closes upon the career of the convict. Consider
+the helpless pauperism of improvidence; constitutions ruined by vice and
+profligacy; asylums and hospitals overflowing with degraded and wretched
+outcasts, descending to the grave without respect and without sympathy,
+quitting a world which they had only dishonoured and abused."</p>
+
+<p>"In conclusion, fellow colonists, with reference to this momentous
+question, let us not argue with the home government either on the law of
+the case, whether that be with them or with us, or on the relative power
+of the contending parties. The accidents of law or force, whichever way
+they might prevail, can never remedy the social disorders we complain
+of. Let us then represent to the British govern<span class='pagenum'><a name="Page_303" id="Page_303">[Pg 303]</a></span>ment, to the British
+parliament, and to the British public, that in the present state and
+prospects of the world, it is a great moral obligation on the part of
+our parent state, not to eject her criminals into other societies
+already charged with their own, but to retain and manage them within
+herself."</p>
+
+<p>In their address to the united kingdom they united remonstrance with
+warning: "We ask our fellow countrymen" said they, "to look at the map
+of the world; to measure the distance between England and her Australian
+dependencies; to mark their geographical relations with gigantic
+empires; and to estimate aright their future importance as elements of
+her wealth, greatness, and glory. If the colonists are compelled to own
+that their interests may be ruined by an official despatch&mdash;that their
+name and fame may be dishonoured, to relieve the gaols of Great
+Britain&mdash;if their youth cannot visit any country under an Australian
+flag without being made to feel that they were born in a degraded
+section of the globe, we are at a loss to imagine what advantages
+conferred by the sovereignty of Great Britain can compensate for the
+stigma of its brand."</p>
+
+<p>"We address the words of supplication, not of threatening. A few short
+years, and that which is now a grievance will grow into a quarrel. By
+instant concession, an act of justice will become a monument of imperial
+clemency. But these colonies are solemnly pledged, each to the other, by
+their mutual interests,&mdash;their future destinies,&mdash;their fellowship of
+weal and woe,&mdash;and now by their League and Solemn Engagement, to achieve
+the freedom of their common country."</p>
+
+<p>Having arranged the plan of action, the association convened a meeting
+of the Victorians. On the memorable 1st of February, 1851, the league
+was solemnly inaugurated, being signed by the Tasmanian delegates, and
+by the mayor, William Nicholson, Esq., William Westgarth, Esq., M.L.C.,
+and Montgomery Bell, Esq., alderman, as delegates for Melbourne. This
+done, a banner of deep blue, spangled with the Southern cross, adorned
+with the national colors, and bordered with white on which the date of
+the confederation was traced in letters of gold, was unfurled and
+greeted with the loud acclamations of the assembly. A council of nine
+was afterwards elected by ballot, composed of the most eminent citizens,
+the mayor being president.<span class='pagenum'><a name="Page_304" id="Page_304">[Pg 304]</a></span><a name="FNanchor_263_263" id="FNanchor_263_263"></a><a href="#Footnote_263_263" class="fnanchor">[263]</a></p>
+
+<p>It was determined to raise &pound;20,000 as a league fund in the Australian
+colonies. Warmed by the advice and example of Mr. Bell, the opulent
+supporters of the cause resolved to take the chief burden on themselves.
+The delegates for Melbourne each subscribed one hundred guineas. Mr.
+Moor, the member for Port Phillip, added fifty to this sum as a special
+token of his sympathy with Tasmania. Thirty houses of business followed
+with one hundred guineas each. The mayor of Geelong, Dr. Thompson, set
+an example of similar liberality. A thousand persons met the delegates
+in that town; formed their own council, and embraced the league with
+enthusiasm. In less than a month nearly &pound;7,000 was subscribed in
+Victoria alone.</p>
+
+<p>But while the people were thus liberal in promoting the social freedom,
+their benevolence was drawn into another channel. A mournful visitation
+desolated the homes, and destroyed the lives of several of their fellow
+citizens. On the 6th of February, known as "black Thursday," the
+thermometer was 115 in the shade, the sun, obscured by murky mists,
+looked like a globe of blood, the air was loaded with smoke and ashes,
+and as the night closed in, columns of fire were seen every where in the
+distance. The uninclosed country was sweept by the resistless element.
+Sometimes swifter than the fleetest horse, it overtook the traveller who
+could preserve his life only by facing round and dashing through its
+least impervious range. The parched leaves of the forest kindled at the
+first glance of the flame. Sheep and cattle fell dead&mdash;farms and stock
+yards were destroyed in a few minutes. In many instances the blaze
+encircled the unfortunate before the danger was perceived. A strong hot
+wind bore along ashes, and carried them far over the ocean, where
+falling on the decks of vessels fifty miles from land, the passengers
+were terrified with vague apprehension, or thought that the end of the
+world was come. The effects of this devastation were in some places
+appalling. The Barrabool Hills, near Geelong, a district of romantic
+beauty celebrated for its vines, and occupied by small holders, were
+covered with blackened ruins. The whole family of Mr. M Leland, a
+settler near Melbourne, perished. The fire suddenly seized his dwelling
+and intercepted his escape. His wife and five children dropt one by one:
+he endeavoured to save his little boy, but he was suffocated in his
+arms; the unhappy parent was himself discovered a few hours after, by a
+shepherd, in a creek, where he had found refuge from his dread pursuer.<span class='pagenum'><a name="Page_305" id="Page_305">[Pg 305]</a></span></p>
+
+<p>The mayor and corporation of Melbourne, then the only representative
+body in the province, presented the Tasmanian delegates with an address,
+and entertained them with splendid hospitality. A banner, bought by
+general subscription, was committed to their charge as a present to the
+colonists of Tasmania. The ladies of Victoria graced the ceremony of
+presentation. In giving this beautiful emblem of Australian re-union,
+"Gentlemen," said the mayor, "I pray you to receive it in the name of
+the people of Port Phillip, and may it remain nailed to the mast until
+these colonies are emancipated from convictism." "We accept it, with
+gratitude," they replied,&mdash;"May the flag which adorns it ever float
+above it in mild sovereignty: the noble nation from which we sprung will
+applaud and assist us. Such are our hopes; but whether they are doomed
+to disappointment or not, we shall discharge our duty as subjects, and
+then commit our cause to the righteous judgment of God. May He watch
+over our proceedings; may He permit us to add another to those bloodless
+victories which teach the oppressed to confide in the armour of truth
+while they warn all men that against weapons of such heavenly temper the
+shields of the mighty are lifted in vain."</p>
+
+<p>By this time the people of New South Wales became warmly interested in
+the league. No time was lost. To obtain the active assistance of that
+great colony was to insure success. Messrs. Moore and Westgarth, members
+of the legislature, and Dr. Thompson, mayor of Geelong, were deputed to
+act in the metropolis for Victoria. The delegates of Tasmania returned
+home. The banner intrusted to their care was publicly delivered at a
+meeting, of which, Mr. Dry was chairman.<a name="FNanchor_264_264" id="FNanchor_264_264"></a><a href="#Footnote_264_264" class="fnanchor">[264]</a> Councils were chosen for
+north and south Tasmania, and several thousand pounds were added to the
+league fund.</p>
+
+<p>Messrs. West and Weston were commissioned to attend the conference at
+Sydney. Joined by the delegates for Victoria, they landed in March. A
+large concourse of citizens assembled at the Royal Hotel, where an
+address, breathing encouragement and hope, was read by Mr. Charles
+Cowper, in the name of the New South Wales association. The delegates,
+invited to a public banquet in honor of their mission, were met by the
+city members, the mayor, the principal merchants, and professional
+gentlemen. The im<span class='pagenum'><a name="Page_306" id="Page_306">[Pg 306]</a></span>mense wool store of Messrs. Mort, decorated for the
+occasion, exhibited a striking scene of luxury and magnificence.
+Speeches, such as Britons make when their hearts are loyal and their
+wrongs are felt, promised a hearty struggle, and predicted a certain
+victory. A public meeting of the colonists assembled to recognise the
+League, and dissolve the colonial association. Dr. Lang proposed another
+covenant drawn up by himself. It recited the chief facts stated in that
+of Victoria, but added: "And if it should be necessary in the struggle
+upon which we are now deliberately entering, for the protection and
+defence of our adopted country, as well as in the vindication of our
+rights as Britons, ... to have recourse to the last remedy of the
+oppressed, we appeal to God and the world, as to whether we shall not
+have indefeasible right and eternal justice on our side. So help us
+God." A league, based on moral force, and disclaiming all weapons but
+those of persuasion and entreaty, was evidently at an end if armed
+resistance were contemplated as the final resource. The earnest
+objections of the delegates were supported by Mr. Lamb. The mercantile
+and professional classes decidedly disapproved of the substitution; but
+the strength of numbers might have carried the threatening clause had
+not Dr. Lang consented to abandon it. Never was the league in so much
+danger, it being determined by the delegates to relinquish all idea of
+confederation on any terms inconsistent with constitutional resistance.
+A proposal to join the league was carried amidst triumphant cheering. A
+council was chosen by ballot. Messrs. Charles Cowper, Robert Campbell,
+and Gilbert Wright were appointed delegates for New South Wales. The
+most impressive meeting held by the delegates, was convened in the
+congregational church of Sydney. A thousand persons, chiefly heads of
+families, and of both sexes, listened with absorbing interest to the
+appeals of clergymen, protestant and catholic, to principles familiar to
+the patriot and the christian. The venerable metropolitan, in accounting
+for his absence, recorded his conviction in terms suited to his office
+and experience, and in a strain of reproof and warning, which no
+government will venture to disregard.<a name="FNanchor_265_265" id="FNanchor_265_265"></a><a href="#Footnote_265_265" class="fnanchor">[265]</a> The first confer<span class='pagenum'><a name="Page_307" id="Page_307">[Pg 307]</a></span>ence of the
+united colonies was held in the city of Sydney and closed its labours on
+the 1st day of May, 1851. A permanent executive board and a London
+delegation, were nominated; Mr. Charles Cowper being appointed the first
+president of the Australasian League, and Mr. Gilbert Wright, secretary.</p>
+
+<p>The appointment of Mr. J. C. King as the delegate for Melbourne, and
+other gentlemen resident in London to act in the same capacity, was
+intended to agitate the colonial cause beneath the walls of parliament,
+and thus by multiplied agencies to weary the ministers into justice&mdash;to
+conquer their obstinacy by a perpetual coming. It was the earnest desire
+of the founders of the league to employ all possible means consistent
+with loyal and constitutional principles, that the blame of ultimate
+consequences, if adverse, might remain with the servants of the crown. A
+letter of instructions addressed to Mr. J. A. Jackson and other
+delegates by the executive board of the league and signed by the
+president, stated clearly the duties which devolved upon them. "You will
+bear in mind that yours is the work of testimony, that we do not hold
+you responsible for the result. We are discharging by you a duty we owe
+to the parent country. We wish you to state our case; to deprecate the
+evils we suffer. We wish you to depict the vast resources and unrivalled
+beauty of these colonies, and to insist on the injustice and folly of
+degrading them to the purposes of a prison. We are anxious that you
+should tell our countrymen at home, that here is a land capable of
+boundless prosperity, that our whalers fish upon our coasts, that we
+number our sheep by millions, that our wheat is famed in every market in
+the world; that there are millions of acres over which the plough may be
+driven, and where the axe is not required as pioneer. You will tell them
+that we love our native country, and rejoice in our share of her
+heritage of glory, that we offer our filial duty<span class='pagenum'><a name="Page_308" id="Page_308">[Pg 308]</a></span> and manly affiance,
+but, that we offer them on this condition, that we, and our children,
+and their country, shall be <i>free</i>. This granted, every hour will
+strengthen the relations already established between us; but should the
+object of our League, so near to our hearts, fail us, should the British
+public prove deaf or indifferent, or the minister prove inexorable, your
+mission will have been discharged; and we must await, as best we may,
+the development of those providential purposes which are often most
+obscure when they are nearest the dawn. 'England has no right to cast
+out amongst other nations, or upon naked shores, either her poverty or
+her crime. This is not the way in which a great and wealthy people, a
+<span class="smcap">Mother of Nations</span>, ought to colonize.'"</p>
+
+<p>"Never has the question of transportation assumed a greater importance
+than at the present moment. The colonists are fretted by the vacillation
+of her Majesty's government, but they are anxious to know that their
+honor and happiness are compatible with their present political
+relations. The plantation of new colonies in our vicinity, the now
+constant intercourse with the American continent, the discovery of gold
+fields, large in extent and abundant in production, on the Western
+Cordilleras of New South Wales, and the thence certain rapid influx of
+population, all make the future an object of solicitude. It may be your
+happiness to contribute to the achievement of this great moral victory,
+to the removal of those intolerable burdens imposed by a despotic
+minister, and permitted by the indifference of the British Nation,&mdash;and
+thus to the establishment of a closer union between these colonies and
+the parent state."</p>
+
+<p>The chief reliance of the confederates, however, was on the approaching
+elections. The new constitutional act demanded a fresh appeal to the
+people. The constituencies of the Australian world were to decide its
+fate. The issue was no longer doubtful, except where the right of voting
+was conferred on few, and the influence of squatters paramount. Such
+places, were however, comparatively numerous, and a hard and earnest
+struggle was expected in the northern district of New South Wales. The
+conference of the League terminated its sittings on the 1st of May. On
+the 5th, the official corps of Victoria, the representatives and the
+delegates, left the wharf of Sydney, and amidst the cheers and
+forebodings of many quitted a political connection which had been often
+the source of angry strife. Victoria and New South Wales were now
+separate governments. The new<span class='pagenum'><a name="Page_309" id="Page_309">[Pg 309]</a></span> colony, gigantic in its youth, threatened
+the supremacy of the middle district, while Moreton Bay was clamorous
+for a separate executive.</p>
+
+<p>But on the 6th of May a discovery was announced, which changed the
+fortunes of the Australian empire. The predictions of science were
+fulfilled. It was stated in the <i>Quarterly Review</i>, (Sept. 1850), that
+New South Wales would probably be found wonderfully rich in precious
+metals. Scarcely had the conjecture reached the colony before it was
+verified, and Mr. Hargraves, a practical miner, discovered the gold of
+Bathurst. It was felt by the former apologists of transportation that
+the policy of England must condemn its continuance not less than the
+interests of the Australias. Mr. Wentworth was the first to announce the
+altered position of the question. He reminded the electors that he was
+originally opposed to the revival or continuance of transportation,
+could it by any means be got rid of in the whole Australian group, and
+that this was no longer impossible; "that a new and unexpected era had
+dawned, which in a few years would precipitate the colony into a
+nation." He, therefore, pledged himself to join with them in any
+remonstrance intended to terminate transportation, and to prevent the
+formation of any penal settlement in the southern hemisphere.<a name="FNanchor_266_266" id="FNanchor_266_266"></a><a href="#Footnote_266_266" class="fnanchor">[266]</a> This
+manifesto was adopted by the former advocates of transportation in New
+South Wales, from the loftiest even to the least. Gold fields beyond the
+dreams of oriental vision were rapidly unfolded. The relations of labor
+and capital were entirely deranged, and the future became uncertain and
+perplexing. A few employers who imagined that their personal interests
+would be considered, grew more earnest for convict labor, not thinking
+how it could be retained, or caring for the crime and misery it might
+entail. But they were few. More generous spirits sympathised with the
+general aspect of a change which promised to people a region as fair and
+fertile, and as large as Europe. The strenuous resistance of
+transportation had cleared the character of the colonists, and proved
+that their feelings harmonised with the universal and unchangeable
+convictions of mankind. The first news of this great discovery was
+accompanied by the strongest evidence of Australian loyalty to the
+common law of nations. "The success of the confederation (said the first
+journal of Europe), forms a remarkable indication of a feeling in all
+the Australian colonies of a more elevated<span class='pagenum'><a name="Page_310" id="Page_310">[Pg 310]</a></span> character than they have
+hitherto obtained credit for. It becomes more than ordinarily important
+to ascertain the exact nature of that moral and social atmosphere which
+so large a number of our countrymen are probably destined to breathe
+(October '51)."</p>
+
+<p>On their return to Tasmania the delegates were greeted with addresses
+and public demonstrations. The settlers, with a manly consistency,
+despite the threatened scarcity of labor, adhered to their flag and
+responded with cheers to those who predicted a temporary struggle and a
+bright futurity. But the agents of the convict department endeavored to
+rekindle the last embers of jealousy and hate. To the employers they
+predicted ruin; to the houseowners, desolation and emptiness; to the
+publicans the reign of puritanism; to the emancipists the ascendancy of
+the free, to be followed by unextinguishable persecution. All the
+sentiments and epithets known in Irish polemics and Irish seditions were
+re-arranged in the convict service, and scattered with profusion. The
+League was assailed with peculiar virulence, and all its distinguished
+adherents held up to scorn as religious and immoral men, as hateful for
+their covetousness and contemptible for their poverty. Sometimes they
+were locusts, swarming everywhere; at others they were a scattered and
+miserable remnant&mdash;which the government and the convict party would
+speedily sweep away. The governor himself during a procession through
+the colony was cheered as the great champion of the pardoned, and
+placards represented that he had defeated a scheme of the settlers to
+deprive them of their votes. He entered the city in state&mdash;and while he
+passed under a triumphal arch, Mr. West, the Hobart Town delegate, was
+publicly gibbetted. But the Trades' Union, and an association of the
+Native Youth, assembled in the evening, and in the presence of many
+thousands, the well-dressed effigies of Earl Grey and the governor were
+thrown into an enormous fire.</p>
+
+<p>Meanwhile the league was extended to South Australia. All the members of
+the legislature, except the officials, joined in a requisition to
+receive Messrs. West and Bell as delegates from Tasmania and Victoria
+(August, '51). All denominations warmly advocated the cause. The largest
+assembly ever gathered there&mdash;and including men who had never before
+united&mdash;carried the resolution, moved by the Bishop of Adelaide, "that
+the total cessation of transportation to the Australian colonies is
+essential to their honor, happiness, and prosperity." A meeting at
+Canterbury, New<span class='pagenum'><a name="Page_311" id="Page_311">[Pg 311]</a></span> Zealand, called by Mr. Godley, adopted and subscribed
+the engagement (October, '51). Thus the five colonies, answering to the
+stars of the Southern Cross, had raised that sign of hope and union.</p>
+
+<p>The writs for Tasmania were at length issued. The day of general
+nomination was remarkably brilliant. The principal candidates were
+attended with numerous banners and long processions. The ladies wore the
+colors of their parties, and even the children to the number of several
+hundreds, marched in the train of Mr. Dry, the popular candidate for
+Launceston. On one of their banners a passage taken from a pamphlet of
+the day was inscribed&mdash;"The last link of despotism is broken, when the
+children of the soil decree its freedom." The native youth for the first
+time bore an active share in this last attempt to secure the liberties
+of their country, and, in a public assembly, to petition for its
+success, displayed both moderation and ability&mdash;highly creditable
+considering the disadvantages under which they had labored. These
+efforts were successful. The country districts were in three cases
+disputed by the transportationists. They polled little more than a
+hundred votes, but in Hobart Town a more serious conflict was expected.
+Beside the lower class of expirees, many of the publicans and almost all
+in the service of the government were in favor of transportation, or
+compelled to support it. Mr. Young, a solicitor, after several
+candidates had offered and retired, determined on a contest with Messrs.
+Chapman and Dunn, the chairman and treasurer of the local league
+council: more than five hundred votes were polled in his interest, but
+the friends of freedom carried their candidates by a triumphant
+majority. The election at Hobart Town, accomplished in the face of every
+obstacle, demonstrated the strong and irrevocable desire of the people.
+The day of nomination was memorable in British history, the day when the
+signal of Nelson ran through the fleet&mdash;"England expects every man will
+do his duty." The speakers did not omit to apply an example so striking.
+A despatch of Sir William Denison (May, '50), recommending the grant of
+lands and other advantages to reconcile the less incorruptible advocates
+of abolition and marked "confidential," had just reached the colony,
+having been unaccountably inserted in the blue book. The moral choice of
+the people was still more strikingly manifest, when they disregarded
+such offers, whether considered as compensation or bribes, and rejected
+every advocate of transportation. Such appeals as the<span class='pagenum'><a name="Page_312" id="Page_312">[Pg 312]</a></span> following were
+not heard in vain. "Now, let our signal be&mdash;'Tasmania expects every man
+to do his duty!' The first earnest of your privileges must be the utter
+extinction of slavery in this your adopted land. By your most cherished
+associations&mdash;by all that you hold most dear&mdash;by the love you bear your
+domestic hearths&mdash;by the claims and cries of your children&mdash;by the light
+of that freedom, your common inheritance, which has now for the first
+time dawned upon you, which has gilt your mountains and gladdened your
+valleys,&mdash;by the spirit of emancipation, and which at this very moment
+is beating in unison in strong pulsations through every artery of the
+island, until I can almost fancy that Nature herself heaves and
+sympathises with the universal emotion,&mdash;I call upon you, adjure you, to
+cast off every unworthy feeling, and remember only 'to do your duty'
+towards your own&mdash;your adopted land."<a name="FNanchor_267_267" id="FNanchor_267_267"></a><a href="#Footnote_267_267" class="fnanchor">[267]</a></p>
+
+<p>By a violent exertion the convict party were held together until the day
+of polling:&mdash;then they disappeared with noise and riot, and were seen no
+more.</p>
+
+<p>The reputable emancipists joined their emigrant countrymen. They held
+the balance in their hands. In the main they proved true to the
+principles which hold society together, and followed the dictates of
+parental affection. Many not actual members of the league supported its
+principles so far as they contemplated the social freedom of the
+Australian world. Thus all the preliminary steps were taken to secure
+the voice of the legislative councils, and throughout the southern
+hemisphere no representative of the people was found to stand up as the
+advocate of transportation. The proper moment for confederation had been
+found. A few months before it was unthought of&mdash;a few months after it
+would have been impracticable. The speech of Earl Grey, was intended to
+extinguish finally all hope of freedom, but struck out a spark and
+kindled a flame which none can quench.</p>
+
+<p>The representatives were true. The council of New South Wales, the
+earliest to assemble, struck the first blow for Australasian liberty.
+They voted, not for the deliverance of their own colony only, but for
+the rescue of Van Diemen's Land. Mr. Lamb proposed resolutions charging
+Earl Grey with perfidy&mdash;Mr. King sought the same object in a milder
+form, and in November the whole house concurred in condemning
+transportation. The Victorian legislature, on the<span class='pagenum'><a name="Page_313" id="Page_313">[Pg 313]</a></span> motion of Mr.
+Westgarth, adopted a similar protest, though in stronger terms.
+Supported by the law officers of the crown, the resolutions passed with
+perfect unanimity (Dec.), and they were promptly forwarded by Governor
+Latrobe, who expressed the warmest interest in their success. Thousands
+of expirees and absconders, allured by the prospect of sudden riches,
+descended upon that province and filled the inhabitants with
+astonishment. Hundreds who arrived in Van Diemen's Land in bondage, and
+many who quitted it without leave, became by a few days spoil, masters
+of from one hundred to a thousand pounds.</p>
+
+<p>On the 16th December (1851), a series of resolutions were passed by the
+legislature of South Australia on the motion of Mr. Hall. Thus, three
+colonies, by a unanimous vote, pronounced the doom of transportation.
+Their governors were silent or approving. All, whether servants of the
+crown, or representatives of the people, united in one voice. Tasmania
+was the last to obtain the constitutional organization. On the 30th of
+December the governor met the men of the people, and found not one to
+sustain the policy of transportation. Mr. Dry, the first country born
+legislator, was unanimously elected to the speakership. The address
+presented to Sir Wm. Denison expressed deep regret that he had not
+considered it necessary to notice the all important subject of
+transportation, the violation of a pledge&mdash;broken by the ministers of
+the crown, or had been able to announce that his own earnest
+representations had concurred with the unanimous desire of the Tasmanian
+constituencies. This complaint he received in silence. On the 14th of
+January, the subject was brought before the house by Mr. Sharland, who
+moved twelve resolutions. They recorded the violated pledge of Earl
+Grey, the protests of the colony against transportation; they professed
+the warmest loyalty to the throne, and attachment to Great Britain, and
+they pronounced the unchangeable opposition of the house to
+transportation. The discovery of gold was stated as calculated to induce
+her Majesty's ministers to comply with the petitions of the people; "but
+if it should unhappily be otherwise" said the faithful representatives
+of Van Diemen's Land, "it is our duty as colonists, and as British
+subjects, to exert to the utmost all the power with which this council
+is invested, to oppose, and if possible to defeat, every measure that
+may be suggested or attempted for the introduction of criminals into
+this country, at any time, or under any circumstances."<span class='pagenum'><a name="Page_314" id="Page_314">[Pg 314]</a></span></p>
+
+<p>For this resolution none but representatives of the people voted;
+against it, none but the nominees of the crown.</p>
+
+<p>The triumph of this cause was the work of many and the labour of years.
+Thousands of articles often distinguished for ability, appeared in the
+colonial papers, and thus ripened the public mind to vigorous action.
+Many who have toiled survive to participate in the gladness of success:
+others have passed to the grave; among these the names of Archer and
+Oakden will recur to colonial remembrance, A future generation will best
+appreciate the value of that noble stand made against the allurements of
+real or imaginary gain, and the children of Tasmania will delight to
+inscribe the patriot's name in the record of their country's redemption.</p>
+
+<p>But the impartiality of history demands a confession, less favorable to
+the colonists at large, and which must arrest a deliberate and absolute
+judgment against the ministers of the crown. The voice of employers too
+long favored transportation, and their temporary interests were
+preferred to their ultimate welfare. The press visited the friends of
+social freedom with sarcasm and contempt, and described them as purists
+and fanatics. Until the last ten years the colonial will has been
+neither steady nor distinct. Emigration and time have wrought a change
+in the prevailing feeling. Nor should it be forgotten that the first
+colonies of this hemisphere were planted for the punishment of crime and
+the reform of criminals&mdash;that those who came to share their fortunes,
+necessarily inherited their dishonor, and that we require the
+abandonment of a policy once thought profoundly wise, and which was
+scarcely questioned for more than three score years.</p>
+
+<p>The opposition of Sir William Denison to the colonial will on this
+subject, his injustice to the judges, and his sarcastic delineations of
+colonial character, have narrowed the circle of his friends. In future
+times an opinion more favorable to his reputation may be expected to
+prevail. It will then be remembered that he promoted the advancement of
+science, fostered liberal education, increased the facilities of
+commerce, abated the practical evils of the convict department,
+advocated the principles of legislative freedom, and, by a respectable
+private character, sustained the moral dignity of government. But even
+then it will not be forgotten, that in perpetuating the convict curse,
+he adopted any argument, however false, and tolerated any ally, however
+abject.<span class='pagenum'><a name="Page_315" id="Page_315">[Pg 315]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+
+
+<div class="footnote"><p><a name="Footnote_261_261" id="Footnote_261_261"></a><a href="#FNanchor_261_261"><span class="label">[261]</span></a> If this question had <i>been</i> brought forward in a large
+and comprehensive view before the Federal Assembly of the Australian
+colonies, which is soon to be called into being, I admit that the
+decision arrived at might have had some effect on the home government; I
+think, even now, the wisest and safest course would be to postpone its
+further discussion, and remit the whole matter to that body. Then, if
+they were all as sincerely opposed as I am to transportation in any
+shape, they might come to a conclusion, that convicts should come to
+none of these colonies; and to such a decision the minister might
+succumb. It is to such an assembly as this that a question of this
+magnitude ought to be remitted, as it is a question on which all the
+colonies are alike concerned. If South Australia, Van Diemen's Land, and
+Port Phillip, all agreed with New South Wales, in one common
+determination not to receive convicts in any shape, there would be some
+hope that they might accomplish their end.</p></div>
+
+<div class="footnote"><p><a name="Footnote_262_262" id="Footnote_262_262"></a><a href="#FNanchor_262_262"><span class="label">[262]</span></a>
+</p>
+<p style="text-align: center">THE AUSTRALASIAN LEAGUE.</p>
+<p>
+<i>The League and Solemn Engagement of the Australian Colonies,
+declared by the Delegate</i> in <i>the Conference held at Melbourne,
+February</i>, 1851.
+</p><p>
+<span class="smcap">Whereas</span>, in 1840, by an Order in Council, the practice of
+transporting convicts to New South Wales was abandoned by the
+Crown, and, whereas, by divers promises the government of Great
+Britain engaged not to send convicts from the United Kingdom to New
+South Wales, New Zealand, Victoria, or King George's Sound. And,
+whereas, by an Act of the British Parliament, transportation to
+South Australia was positively prohibited. And, whereas,
+Lieutenant-Governor Denison, in 1847, declared to the colonists of
+Van Diemen's Land her Majesty's most gracious purpose, that
+transportation to that island should be discontinued. And, whereas,
+the colony of Van Diemen's Land has been deeply injured by the
+pouring in of enormous masses of transported offenders. And,
+whereas, divers and repeated attempts have been made to depart from
+the letter and spirit of these promises. And, whereas, the avowed
+object of her Majesty's Secretary of State is to transfuse the
+convicts disembarked in Van Diemen's Land through the Australasian
+Colonies, and thus to evade the spirit of the promises and Act of
+Parliament so made. And, whereas, large tracts of land have been
+purchased by the colonists from the crown; many millions of capital
+invested in improvements; and many thousands of her Majesty's
+subjects have settled in Australasia on the pledged faith of the
+Crown not to disturb their social welfare by the importation of
+crime. And, whereas, the native Australasians are entitled to all
+the rights and privileges of British subjects, and to the sympathy
+and protection of the British nation. And, whereas, many and varied
+efforts have been made to induce her Majesty's ministers and the
+British Parliament to terminate the practice of transportation to
+these colonies, but without success. Now, <span class="smcap">THEREFORE</span>, the Delegates
+of these Colonies, in conference assembled, do declare their League
+and Solemn Engagement, to the effect following:&mdash;
+</p><p>
+1st. That they engage not to employ any person hereafter arriving
+under sentence of transportation for crime committed in Europe.
+</p><p>
+2d. That they will use all the powers they possess&mdash;official,
+electoral, and legislative, to prevent the establishment of English
+prisons, or penal settlements, within their bounds; that they will
+refuse assent to any projects to facilitate the administration of
+such penal systems, and that they will seek the repeal of all
+regulations, and the removal of all establishments for such
+purposes.
+</p><p>
+And lastly, That they solemnly engage with each other to support by
+their advice, their money, and their countenance, all who may
+suffer in the lawful promotion of this cause.</p></div>
+
+<div class="footnote"><p><a name="Footnote_263_263" id="Footnote_263_263"></a><a href="#FNanchor_263_263"><span class="label">[263]</span></a> William Westgarth, William Kerr, William Nicholson,
+Dalmahoy Campbell, William Stawell, George Annand, William Bell, J.
+Stewart Johnstone, and John Hood, Esqrs.</p></div>
+
+<div class="footnote"><p><a name="Footnote_264_264" id="Footnote_264_264"></a><a href="#FNanchor_264_264"><span class="label">[264]</span></a> The <i>Raven</i>, Capt. Bell, was the first vessel that
+carried the league flag, now floating over every sea.</p></div>
+
+<div class="footnote"><p><a name="Footnote_265_265" id="Footnote_265_265"></a><a href="#FNanchor_265_265"><span class="label">[265]</span></a> "My anxiety now is, to reiterate and give permanency to
+the assurance, that my determination originated not in any feeling of
+insensibility, or indifference, towards the noble object in which you
+are engaged. No man, who feels as he ought to do for the country in
+which not only himself but his children and grandchildren are
+established, (which is my case), but must, from his heart, desire and
+pray for the success of your endeavours. As having once held the
+spiritual charge over all the colonies to which your league extends,
+and, in a certain sense, continuing still to do so, I hope my feelings
+towards them are such as become that relation; and my persuasion is,
+that to extend, or resume, or continue the practice of transportation to
+any one of them, must be injurious to all.... A perseverance in this
+policy would tend more than almost any other cause that could be
+mentioned, to weaken the respect which is now so generally entertained
+for the name of England. It cannot be supported if England cause herself
+to be regarded as the author of a continual wrong; and if respect be
+forfeited, the principal tie of love and obedience will be severed. It
+is impossible to believe that any British statesman will be found, who,
+upon the ground of policy, and, still less, upon a principle of justice,
+will recommend the continuance of the practice against which you are
+united in petitioning."&mdash;<i>Letter of the Lord Bishop to Charles Cowper,
+Esq., and Charles Kemp, Esq.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_266_266" id="Footnote_266_266"></a><a href="#FNanchor_266_266"><span class="label">[266]</span></a> Address to electors, July, 1851.</p></div>
+
+<div class="footnote"><p><a name="Footnote_267_267" id="Footnote_267_267"></a><a href="#FNanchor_267_267"><span class="label">[267]</span></a> Mr. MacDowell's speech.</p></div>
+</div>
+
+<p><span class='pagenum'><a name="Page_316" id="Page_316">[Pg 316]</a></span></p>
+
+<hr style="width: 65%;" />
+<h2>HISTORY OF TASMANIA</h2>
+
+<h2>ZOOLOGY</h2><p><span class='pagenum'><a name="Page_317" id="Page_317">[Pg 317]</a></span></p>
+
+
+<hr style="width: 65%;" />
+<h2>ZOOLOGY</h2>
+
+
+<h3><a name="SECTION_If" id="SECTION_If"></a>SECTION I&mdash;MAMMALIA</h3>
+
+<p>The most perfect list of the mammals of Australia which has yet appeared
+is in the appendix to Capt. Gray's <i>Travels in North-west and Western
+Australia</i>, compiled by J. E. Gray, Esq., of the British Museum. Since
+its publication (1841) a few additional species have been added to the
+fauna of Tasmania, and a few of the smaller animals, probably, remain
+still to be described; but they will not materially affect the following
+list, which is compiled from the table by Mr. Gray, and a subsequent
+<i>History of the Marsupiata</i>, by G. R. Waterhouse (1846):&mdash;</p>
+
+<div class="center">
+<table border="1" cellpadding="4" cellspacing="0" summary="orders">
+<tr>
+  <td>ORDERS.</td>
+  <td>GENERA.</td>
+  <td>Total No. of<br />Species in<br />Tasmania.</td>
+  <td>Peculiar<br />to<br />Tasmania.</td>
+  <td>Common to<br />Australia and<br />Tasmania.</td>
+</tr>
+<tr>
+  <td>CHEIROPTERA</td>
+  <td align="left">Nyctophilus<br />Scotophilus</td>
+  <td>1<br />2</td>
+  <td>&mdash;<br />&mdash;</td>
+  <td>1<br />2</td>
+</tr>
+<tr>
+  <td>MARSUPIALIA</td>
+  <td align="left">Thylacinus<br />Dasyurus<br /><i>&nbsp;&nbsp;&nbsp;&nbsp;includes Diabolus</i><br />Phascogale<br /><i>&nbsp;&nbsp;&nbsp;&nbsp;includes Antechinus</i><br />Perameles<br />Phalangista<br /><i>&nbsp;&nbsp;&nbsp;&nbsp;includes Hepoona</i>
+        <br />Phascolomys<br />Hypsiprymnus<br /><i>&nbsp;&nbsp;&nbsp;&nbsp;includes Bettongia</i><br />Macropus<br /><i>&nbsp;&nbsp;&nbsp;&nbsp;includes Halmaturus</i></td>
+  <td>1<br />3<br />&nbsp;<br />3<br />&nbsp;<br />2<br />3<br />&nbsp;<br />1<br />2<br />&nbsp;<br />3<br />&nbsp;</td>
+  <td>1<br />2<br />&nbsp;<br />3<br />&nbsp;<br />1<br />1<br />&nbsp;<br />&mdash;<br />1<br />&nbsp;<br />1<br />&nbsp;</td>
+  <td>&mdash;<br />1<br />&nbsp;<br />&mdash;<br />&nbsp;<br />1<br />2<br />&nbsp;<br />1<br />1<br />&nbsp;<br />2<br />&nbsp;</td>
+</tr>
+<tr>
+  <td>RODENTIA</td>
+  <td align="left">Hydromys<br />Mus</td>
+  <td>1<br />2</td>
+  <td>&mdash;<br />1</td>
+  <td>1<br />1</td>
+</tr>
+<tr>
+  <td>&nbsp;&nbsp;EDENTATA, or<br />MONOTREMATA</td>
+  <td align="left">Ornithorhynchus<br />Echidna</td>
+  <td>1<br />1</td>
+  <td>&mdash;<br />1</td>
+  <td>1<br />&mdash;</td>
+</tr>
+<tr>
+<td colspan="2">&nbsp;</td><td>26</td><td>12</td><td>14</td>
+</tr>
+</table></div>
+
+<p><span class='pagenum'><a name="Page_318" id="Page_318">[Pg 318]</a></span></p>
+
+<p>This makes a total of twenty-six mammals inhabiting Tasmania, exclusive
+of the <i>Seals</i> and <i>Cetacea</i>, with which our acquaintance is still very
+imperfect.</p>
+
+<p>From the above list it will be perceived, with the exception of the
+three bats, two mice, and one water-rat, that all our mammals are either
+Marsupial (pouched) or Monotrematous (a closely-allied form, to which
+belong the platypus and porcupine of the colonists). Orders found in
+other countries, such as the <i>Pachydermata</i> and <i>Ruminantia</i>, are in
+Tasmania wholly wanting, as they are also throughout the extensive
+continent of Australia.</p>
+
+<p>It is also remarkable that twelve out of the twenty-six animals are
+peculiar to this small island, and have not yet been detected elsewhere.
+Amongst those thus limited in their geographical range are the tiger and
+devil of the colonists, the two largest indigenous Australian
+carnivorous quadrupeds.</p>
+
+<p>Australia is the great metropolis of the marsupial animals. Certain
+species of the group are found in North and South America, and in New
+Guinea, the Moluccas, and adjacent islands, but the numbers seem limited
+as compared with the other indigenous quadrupeds of those countries.
+Professor Owen observes:&mdash;"That the marsupialia form one great natural
+group is now generally admitted by zoologists. The representatives in
+that group of many of the orders of the more extensive placental
+sub-class of the mammalia of the larger continents have also been
+recognised in the existing genera and species:&mdash;the Dasyures, for
+example, play the parts of the <i>Carnivora</i>, the Bandicoots of the
+<i>Insectivora</i>, the Phalangers of the <i>Quadrumana</i>, the Wombat of the
+<i>Rodentia,</i> and the Kangaroos, in a remoter degree, that of the
+<i>Ruminantia</i>."<a name="FNanchor_268_268" id="FNanchor_268_268"></a><a href="#Footnote_268_268" class="fnanchor">[268]</a></p>
+
+<p>The Tiger or Hy&aelig;na of the colonists (<i>Thylacinus cynocephalus</i>, Harris)
+is a very powerful animal, about the size of a large dog, with short
+legs. It is of a tawny or brownish yellow color, with numerous black
+bands arranged transversely along the back, from the shoulders to the
+tail; hence the erroneous names tiger and hy&aelig;na, given to it by the
+early settlers. The muzzle is rather elongated, the ears short and
+erect, and the pupils elliptical, corresponding with its leaping,
+predaceous habits; if it had the characteristic brush instead of a long
+taper tail, its figure would bear a considerable resemblance to that of
+the fox. The female is<span class='pagenum'><a name="Page_319" id="Page_319">[Pg 319]</a></span> much smaller, but more active and supple in its
+movements than the male. They prey upon kangaroos, opossums, bandicoots,
+and other native animals; hunting by night, their exquisite sense of
+smell enables them to steal cautiously upon these defenceless animals,
+in the thick covers of the low grassy flats and scrubs, or to run them
+down on the more open hill and forest land. They are not very fleet, but
+follow the track with untiring perseverance, occasionally uttering a
+kind of low smothered bark. They never hunt in packs, but a male and
+female, or a bitch, with two or three half-grown pups, have occasionally
+been seen together, in pursuit of game.</p>
+
+<p>The Thylacine kills sheep, but usually confines its attack to one at a
+time, and is therefore by no means so destructive to a flock as the
+domestic dog become wild, or as the Dingo of Australia, which both
+commit vast havoc in a single night. High rewards have always, however,
+been given by sheep-owners for their destruction; and, as every
+available spot of land is now occupied, it is probable that in a very
+few years this animal, so highly interesting to the zoologist, will
+become extinct; it is now extremely rare, even in the wildest and least
+frequented parts of the island. A male and female were sent to the
+Zoological Society of London during the present year (1850), and were
+the first that ever reached Europe alive.</p>
+
+<p>The Devil (<i>Dasyurus ursinus</i>, Geoff.), about the size of a bull
+terrier, is an exceedingly fierce and disgusting looking animal, of a
+black color, usually having one white band across the chest, and another
+across the back, near the tail. It is a perfect glutton, and most
+indiscriminate in its feeding; nothing comes amiss to it; it lives
+chiefly upon carrion, the smaller native animals, and occasionally
+attacks sheep, principally, however, lambs and the weakly or diseased;
+even one of its own kind, caught in a snare, is attacked and devoured
+without mercy. They are very numerous in some localities, and from their
+smaller size will probably longer survive the war of extermination
+carried on against them.</p>
+
+<p>The other two species of <i>Dasyurus</i>, viz., the Tiger cat (<i>Dasyurus
+maculatus</i>, Shaw) and Native cat (<i>Dasyurus viverrinus</i>, Shaw), are
+similar in their habits to the pole-cat and marten of England, from
+which they do not differ materially in size, and prove equally
+destructive to the poultry yard. The Native cat varies a good deal in
+color, many being black with white spots; but the usual and prevailing
+color is a greyish tan or yellow, with white spots; and from these mere
+varieties some naturalists have constituted two species.<span class='pagenum'><a name="Page_320" id="Page_320">[Pg 320]</a></span> Great numbers
+of Native cats are killed in some localities for the sake of their
+skins, which are formed into rugs by the shepherds.</p>
+
+<p>The Phascogales are small insectivorous animals, found on the mountains
+and in the dense forest parts of the island, and little is known of
+their habits.</p>
+
+<p>The two species of Bandicoot (<i>Perameles obesula</i>, Shaw, and <i>P.
+Gunnii</i>, Gray), are very common throughout the colony, living upon
+insects and roots.</p>
+
+<p>The Opossums usually abound where grass is to be found, lodging by day
+in the holes and hollows of trees. The most common species is the
+<i>Phalangista vulpina</i> (Shaw), under which is placed both the black and
+grey opossums. These animals are much sought after by the servants on
+most farms for the sake of feeding their dogs with the flesh, and
+forming the skins into rugs; an opossum (or kangaroo) skin rug being the
+principal bedding of all the shepherds, stock-keepers, and laborers in
+the more remote parts of the colony. When travelling from one station to
+another, and sleeping in the open air, these men always carry a rug with
+them; and wrapped in this, with his feet to the fire, the bushman sleeps
+on the ground warm and comfortable, even in the coldest nights, with no
+other shelter save a log or a few boughs to windward; and this was
+generally all the shelter used by the aborigines. The fur on the
+opossums in the mountains and cooler parts of the island is thicker and
+better adapted for rugs than on those obtained from the sea coast or the
+warmer settled districts. The Ringtail opossum (<i>Phalangista</i> or
+<i>Hepoona Cookii</i>, Desm.) is smaller, less common, and less sought after,
+for dogs will not eat the flesh of the Ringtail even when roasted.</p>
+
+<p>The Flying squirrel, or opossum of Port Phillip (<i>Petaurus sciureus</i>,
+Desm.), was introduced from that colony between the years 1834 and 1839:
+many of those so introduced escaped from confinement, and from the
+numbers which have been killed around Launceston since that period they
+have evidently increased and established themselves amongst the denizens
+of our woods. No species, however, of flying opossum is indigenous to
+Tasmania.</p>
+
+<p>The Wombat, more commonly called in the colony Badger (<i>Phascolomys
+wombat</i>, Peron.), is an animal weighing forty to eighty pounds, having a
+large body, with short legs. Notwithstanding its burrowing habits, and
+the excessive thickness and toughness of its skin, it is usually so
+easily killed, that it is becoming less and less common.<span class='pagenum'><a name="Page_321" id="Page_321">[Pg 321]</a></span></p>
+
+<p>The Kangaroo rats (<i>Hypsiprymnus cuniculus</i>, Ogilby, and <i>H. murinus</i>,
+Ill.) are small animals, like kangaroos in their form and mode of
+progression, but require few remarks, as they are not killed either for
+food or their skins. They are not numerous anywhere. Dogs will not
+usually eat them.</p>
+
+<p>Our best known animals, however, are the Kangaroos, of which we have
+three species, distinguished by the names of Forester, Brush, and
+Wallaby.</p>
+
+<p>The Forester (<i>Macropus major</i>, Shaw), the male being known by the name
+of "boomer," and the young female by that of "flying doe," is the
+largest and only truly gregarious species,&mdash;now nearly extinct in all
+the settled or occupied districts of the island, and rare everywhere.
+This species afforded the greatest sport and the best food to the early
+settlers, an individual weighing 100 to 140 pounds. It is much to be
+regretted that this noble animal is likely so soon to be exterminated.
+It was usually hunted by large powerful dogs, somewhat similar to the
+Scotch deer hounds; and when closely pressed had the remarkable
+peculiarity of always taking to the water where practicable. A modern
+kangaroo hunt has been thus graphically described by the Honorable Henry
+Elliot, in Gould's splendid work on the Macropodid&aelig;:&mdash;</p>
+
+<p>"I have much pleasure in telling you all I know of the kangaroo-hunting
+in Van Diemen's Land. The hounds are kept by Mr. Gregson, and have been
+bred by him from fox-hounds imported from England; and though not so
+fast as most hounds here now are, they are quite as fast as it is
+possible to ride to in that country. The 'boomer' is the only kangaroo
+which shows good sport, for the strongest 'brush' kangaroo cannot live
+above twenty minutes before the hounds; but as the two kinds are always
+found in perfectly different situations we never were at a loss to find
+a 'boomer,' and I must say that they seldom failed to show us good
+sport. We generally 'found' in a high cover of young wattles, but
+sometimes we 'found' in the open forest, and then it was really pretty
+to see the style in which a good kangaroo would go away. I recollect one
+day in particular, when a very fine 'boomer' jumped up in the very
+middle of the hounds, in the 'open:' he at first took a few high jumps
+with his head up, looking about him to see on which side the coast was
+clearest, and then, without a moment's hesitation, he stooped forward
+and shot away from the hounds, apparently without an effort, and gave us
+the longest run I ever saw after a kangaroo. He ran fourteen miles by
+the<span class='pagenum'><a name="Page_322" id="Page_322">[Pg 322]</a></span> map from point to point, and if he had had fair play I have very
+little doubt but that he would then have beat us; but he had taken along
+a tongue of land which ran into the sea, so that, on being pressed, he
+was forced to try to swim across the arm of the sea, which, at the place
+where he took the water, cannot have been less than two miles broad; in
+spite of a fresh breeze and a head sea against him, he got fully
+half-way over, but he could not make head against the waves any further,
+and was obliged to turn back, when, being quite exhausted, he was soon
+killed.</p>
+
+<p>"The distance he ran, taking in the different bends in the line, cannot
+have been less than eighteen miles, and he certainly swam more than two.
+I can give no idea of the length of time it took him to run this
+distance, but it took us something more than two hours; and it was
+evident, from the way in which the hounds were running, that he was a
+long way before us; and it was also plain that he was still fresh, as,
+quite at the end of the run, he went over the top of a very high hill,
+which a tired kangaroo never will attempt to do, as dogs gain so much on
+them in going up hill. His hind quarters weighed within a pound or two
+of seventy pounds, which is large for the Van Diemen's Land kangaroo,
+though I have seen larger.</p>
+
+<p>"We did not measure the length of the hop of this kangaroo; but on
+another occasion, when the 'boomer' had taken along the beach, and left
+his prints in the sand, the length of each jump was found to be just
+fifteen feet, and as regular as if they had been stepped by a sergeant.
+When a 'boomer' is pressed, he is very apt to take the water, and then
+it requires several good dogs to kill him, for he stands waiting for
+them, and as soon as they swim up to the attack, he takes hold of them
+with his fore feet, and holds them under water. The buck is altogether
+very bold, and will generally make a stout resistance; for if he cannot
+get to the water, he will place his back against a tree, so that he
+cannot be attacked from behind, and then the best dog will find in him a
+formidable antagonist.</p>
+
+<p>"The doe, on the contrary, is a very timid creature, and I have even
+seen one die of fear. It was in a place where we wished to preserve
+them, and as soon as we found that we were running a doe we stopped the
+hounds, just at the moment they were running into her. She had not
+received the slightest injury, but she lay down and died in about ten
+minutes. When a doe is beat she generally makes several sharp doubles,
+and then gets among the branches or close to<span class='pagenum'><a name="Page_323" id="Page_323">[Pg 323]</a></span> the trunk of a fallen
+tree, and remains so perfectly still that she will allow you almost to
+ride over her without moving, and in this way she often escapes.</p>
+
+<p>"A tolerably good kangaroo will generally give a run of from six to ten
+miles; but in general they do not run that distance in a straight line,
+but make one large ring back to the place where they were found, though
+the larger ones often go straight away."</p>
+
+<p>The Brush kangaroo (<i>Macropus [Halmaturus] Bennettii</i>, Waterh.) is
+universally distributed over Tasmania, and in some localities was
+formerly very numerous indeed, but the war of extermination constantly
+waged at all seasons against this species, for the sake of its skin,
+has, in many places, entirely destroyed it, and rendered it scarce
+everywhere. Many thousands of skins have been annually exported from
+Launceston alone, and nearly all the leather used in the colony for
+ladies' and gentlemen's boots and shoes is made from the skin of the
+brush kangaroo, which is thicker and better than that of the larger
+species.</p>
+
+<p>The Wallaby (<i>Macropus [Halmaturus] Billardieri</i>, Desm.) is the smallest
+species of kangaroo, and inhabits thickets; and although described by
+Mr. Gould as being gregarious, is never seen in flocks, as is the
+forester kangaroo.</p>
+
+<p>All the different species of kangaroo are admirable food, and are now in
+much request by the residents in the towns as a delicacy, having in soup
+a flavor somewhat similar to that of hare. No others of the indigenous
+quadrupeds are usually used for food, although occasionally bushmen eat
+the wombat and echidna, and, more rarely, the bandicoots and kangaroo
+rats.</p>
+
+<p>The Platypus (<i>Ornithorhynchus anatinus</i>, Shaw) has for many years been
+so great a subject of interest to the zoological world that little is
+left to detail. It is still not uncommon in the pools and small streams
+on the table land of the western mountains; at the source of the river
+Derwent, Lake St. Clair; and in most of the rivers and streams in the
+more remote parts. Those who feel any interest in the peculiar structure
+of this very remarkable animal, and its congener the Porcupine (<i>Echidna
+setosa</i>, Cuv.), can find full details in Professor Owen's very elaborate
+and admirable paper, in the <i>Cyclop&aelig;dia of Anatomy and Physiology</i>, on
+the <i>Monotremata</i>.<span class='pagenum'><a name="Page_324" id="Page_324">[Pg 324]</a></span><a name="FNanchor_269_269" id="FNanchor_269_269"></a><a href="#Footnote_269_269" class="fnanchor">[269]</a></p>
+
+<p>Nearly all the Tasmanian quadrupeds are nocturnal in their habits, or,
+when not strictly so, feed principally during the morning and evening
+twilight: and as few of our mountains exceed four or five thousand feet
+of elevation above the sea level, most of the animals are distributed
+over the whole island, being merely influenced in their range by the
+greater or less abundance of food.</p>
+
+<p>All the larger species of indigenous mammals will rapidly diminish under
+the united efforts of Europeans and their attendant dogs. No species is
+protected, and no species spared. As the <i>Marsupialia</i> are not prolific,
+the extinction of several species may soon be anticipated, from the
+circumstance that the unsettled parts of the island, to which they have
+been driven, are comparatively destitute of grass, and unfit for the
+support of graminivorous animals.</p>
+
+<p>It may here be observed that the Dingo of New Holland never inhabited
+Van Diemen's Land; and although wild dogs were at one time troublesome
+in a few districts, yet they were merely the domestic dogs become wild
+(many having from time to time been abandoned by their
+masters&mdash;aborigines and convicts), and were soon destroyed. European
+rats and mice are now common all over the island: the domestic cat,
+also, has in many localities become wild, and proves very destructive to
+quails, and those birds which \ are much on the ground.</p>
+
+<h3><a name="SECTION_IIf" id="SECTION_IIf"></a>SECTION II&mdash;BIRDS</h3>
+
+<p>Unlike the mammals, there is nothing in the general aspect of the birds
+of Tasmania to distinguish them from those of other countries; there
+are, however, some peculiar forms, but they are not of such a nature as
+to strike the eye. Many of the birds of Europe are represented here, as
+the hawks, owls, swallows, snipe, ducks, &amp;c., and not a few have
+received English names, from the real or fancied resemblance which they
+bear to their British prototypes, as the magpies, wrens, robins, &amp;c.</p>
+
+<p>Mr. John Gould, in his splendid and elaborate work, <i>The Birds of
+Australia</i>, has so completely illustrated and described the birds of
+Australia, including those of Tasmania, that little remains to be done
+by those who follow him.<span class='pagenum'><a name="Page_325" id="Page_325">[Pg 325]</a></span> Whether we look at this magnificent work for
+its beauty, or its accuracy, we cannot help feeling rejoiced that so
+interesting a portion of the natural history of Tasmania should have
+been so ably illustrated. According to Mr. Gould's work, Tasmania
+possesses 170 species,<a name="FNanchor_270_270" id="FNanchor_270_270"></a><a href="#Footnote_270_270" class="fnanchor">[270]</a> of which only a few, so far as at present
+known, are <i>peculiar</i> to it, that is, have not yet been found in any
+other part of Australia. In the 170 are included some occasional and
+rare visitants to our shores, but several others will, no doubt, have
+hereafter to be added; this is, however, a close enough approximation
+for all ordinary purposes.</p>
+
+<p>The 170 birds may be divided into the following orders and genera:&mdash;</p>
+
+<div>
+<table border="1" cellpadding="4" cellspacing="0" summary="birds">
+<tr>
+  <td>ORDERS.</td>
+  <td>No. of<br />Genera.</td>
+  <td>No. of<br />Species.</td>
+</tr>
+<tr>
+  <td><span class="smcap">Raptors</span><br /><span class="smcap">Insessores</span><br /><span class="smcap">Rasores</span>
+                 <br /><span class="smcap">Grallatores</span><br /><span class="smcap">Natatores</span></td>
+  <td align="center">11<br />46<br />4<br />20<br />29</td>
+  <td align="center">13<br />62<br />6<br />30<br />59</td>
+</tr>
+<tr>
+  <td>&nbsp;</td><td align="center">110</td><td align="center">170</td>
+</tr>
+</table></div>
+
+<p>From the above table the ornithologist will form an idea of the
+character of our birds; but it will be well to proceed a little more
+into detail.</p>
+
+<p>Among the thirteen raptorial birds the eagle (<i>Aquila audax</i>, Lath.)
+takes the foremost place. It is about the size of the golden eagle of
+Europe; and being destructive to young lambs in some localities, a
+constant war is waged against it by the shepherds, and it is becoming
+rapidly scarce.</p>
+
+<p>The beautiful white hawk (<i>Astur Nov&aelig; Hollandi&aelig;</i>, Cuv.), erroneously
+called an albino by Mr. Gould, once very abundant, is now becoming rare,
+having been nearly extirpated for the sake of its skin by the zeal of
+bird collectors. The other raptorial birds possess little to distinguish
+them from those of other countries.</p>
+
+<p>Many of the genera of the perchers are peculiar to Australia; and the
+brush-like tongues of many species, formed<span class='pagenum'><a name="Page_326" id="Page_326">[Pg 326]</a></span> for extracting the honey
+from flowers, have been classed amongst the Australian anomalies. The
+parrot tribe is the most attractive to strangers, and eleven species,
+belonging to not less than eight genera, are found in Tasmania. The
+green and rose-hill parrots (<i>Platycercus flaviventris</i>, Temm., and <i>P.
+eximius</i>, Shaw) occur in immense flocks in some places, and prove very
+destructive to the ripe grain in the fields, as also injuring the roofs
+of corn stacks in the barn yards. The white cockatoos (<i>Cacatua
+galerita</i>, Lath.) were at one time to be seen in immense flocks, but are
+now becoming scarce. Many of the parrots have beautiful plumage, and the
+white cockatoo and rose-hill parrot have occasionally been taught to
+speak.</p>
+
+<p>Two pigeons and four species of quail are all the rasorial birds in the
+island; the true gallinaceous birds being wholly wanting.</p>
+
+<p>Of the thirty species of grallatores the most remarkable is the emu.
+Very few individuals can now exist in the island, and it is to be feared
+that its total extinction will be effected ere it can be ascertained
+whether the Tasmanian bird is identical with that of New Holland. Tame
+emus are common in the colony, but the original stock of most of those
+now domesticated was introduced from Port Phillip.</p>
+
+<p>The fifty-nine species of swimming birds include many sea birds which
+inhabit the Antarctic, Southern Indian, and South Pacific Oceans. That
+"<i>rara avis</i>," the black swan, once so common that rivers, bays, points,
+&amp;c., received their names, but a few years ago, from its abundance, is
+now becoming truly a <i>rara avis</i> in the settled parts of the island,
+having been driven from its old haunts by that great intruder, the white
+man. Ducks are numerous, of many species, and form admirable articles of
+food. The sooty petrel (<i>Puffinus brevicaudus</i>, Brandt.), or mutton
+bird, occurs in immense flocks in Bass' Strait. Captain Flinders, in his
+<i>Voyage to Terra Australis</i>,<a name="FNanchor_271_271" id="FNanchor_271_271"></a><a href="#Footnote_271_271" class="fnanchor">[271]</a> says that when near the north-west
+extremity of Van Diemen's Land he saw a stream of sooty petrels from
+fifty to eighty yards in depth, and of three hundred yards or more in
+breadth. The birds were not scattered, but flying as compactly as a free
+movement of their wings seemed to allow; and during a full <i>hour and
+a-half</i> this stream of petrels continued to pass without interruption,
+at a rate little inferior to the swiftness of the pigeon. On the lowest
+computation he thought the number could not<span class='pagenum'><a name="Page_327" id="Page_327">[Pg 327]</a></span> have been less than a
+hundred millions. This bird burrows in the ground, forming what are
+called by the sealers in the Straits, <i>rookeries</i>; and a considerable
+trade was at one time carried on in their feathers, eggs, and salted
+bodies.<a name="FNanchor_272_272" id="FNanchor_272_272"></a><a href="#Footnote_272_272" class="fnanchor">[272]</a></p>
+
+<p>With the exception of the pretty but gaudy parrot tribe, our most
+beautiful birds may be said to be the wren (<i>Malurus longicaudus</i>,
+Gould), the grosbeak (<i>Estrelda bella</i>, Lath.), the king-fisher
+(<i>Alcyone Diemenensis</i>, Gould), the diamond birds (<i>Pardalotus</i>
+species), and the satin fly-catcher (<i>Myiagra nitida</i>, Gould). None of
+the birds equal the songsters of Europe, although many have sweet notes,
+and some are musical, as the magpie (<i>Gymnorhina organicum</i>, Gould),
+that lively bird whose cheerful notes delight the ear of every traveller
+at early dawn in the settled districts of Tasmania, to which it is
+restricted.</p>
+
+<p>The distribution of the birds of Tasmania is very partial, differing in
+this respect remarkably from that of the animals. The supply of the
+peculiar food suitable to particular genera and species necessarily
+affects their range, and as one half of the island is still covered by
+the dense prim&aelig;val forests, so in that portion few of the birds
+inhabiting the settled districts are to be found. Several of them follow
+the footsteps of man, and as his clearings take place in the remote
+wilds, and corn-fields spring into existence, so many grain-eating birds
+make their appearance. This is entirely irrespective of the regular
+annual migrations of numerous species from New Holland to Tasmania,
+which, in this respect, follow the same law which governs the migrations
+of species inhabiting similar latitudes in the other hemisphere. The
+snipe and swallows usually arrive in Van Diemen's Land during the first
+week in September; and during that month most of those birds which
+migrate for the purpose of breeding also make their appearance. In
+April, or soon after, the various summer visitants take their departure
+northwards. Mr. Gould observes:&mdash;"There are also periods when some
+species of birds appear entirely to forsake the part of the country in
+which they have been accustomed to dwell, and to betake themselves to
+some distant locality, where they remain for five or ten years, or even
+for a longer period, and whence they as suddenly disappear as they had
+arrived."</p>
+
+<p>The only birds shot as game in the colony are quail and<span class='pagenum'><a name="Page_328" id="Page_328">[Pg 328]</a></span> snipe. Quail
+shooting commences on 1st April, and snipe shooting about 1st September.</p>
+
+<h3><a name="SECTION_IIIf" id="SECTION_IIIf"></a>SECTION III&mdash;FISHES</h3>
+
+<p>Sir John Richardson has described many species of Tasmanian fish in the
+<i>Transactions of the Zoological Society</i>, and, more recently, some
+additional species in the <i>Zoology of H. M. S. Erebus and Terror</i>. To
+these works we must refer for scientific details, but many are still
+undescribed, and of the habits of our fish in general but little is
+known. Every season new species are brought to market at Hobart Town and
+Launceston, and no doubt many more species yet remain to reward the
+zealous fisherman who will explore the various banks off our coasts. The
+depth of water throughout the whole of Bass' Strait, and between the
+numerous islands which dot its eastern and western extremities, ranges
+between twenty and fifty fathoms only, the latter being the greatest
+depth. In such localities, and more especially amongst the islands,
+where numerous currents occur, fish may be expected to abound; but as
+yet no attempt has been made to extend the fishing beyond the shallow
+smooth water at the mouths of our rivers and estuaries.</p>
+
+<p>Not only are many of the Tasmanian fish admirable as articles of food,
+but there is every reason to believe that they might be caught in
+sufficient numbers to form a valuable export to those countries where
+salt fish is esteemed. The best for this purpose would be that commonly
+known as the "king-fish" (a species of <i>alepisaurus</i>), about the size of
+a cod, the <i>habitat</i> of which is still unknown, but which comes
+regularly every season, during the months of May to July, into the
+shallow waters along the coasts, to spawn. It most probably permanently
+inhabits some of the banks in Bass' Strait.</p>
+
+<p>The species considered finest for the table is one called the Trumpeter,
+found commonly in the estuary of the Derwent and Storm Bay, but which is
+rarely caught on the northern coast. Flounders, gar-fish, gurnett
+(<i>Sebastes maculatus</i>), and several other species of sea-fish, a bare
+list of which would convey little information, are frequently and
+usually brought to market.<span class='pagenum'><a name="Page_329" id="Page_329">[Pg 329]</a></span></p>
+
+<p>The rivers of Tasmania are not so well supplied with fish as those of
+many other countries. The largest, except an eel, is one called the
+black-fish, which, in some of the rivers which discharge themselves into
+the sea on the north coast, attains a weight of six to eight pounds.
+This fish, it is said, does not exist in the river Derwent, or in any of
+its numerous tributaries. The mullet (or fresh water herring) is a fine,
+well-flavored fish, weighing usually about five ounces, and is the only
+one affording sport to the angler. These, with a species of trout, two
+lampreys, and, perhaps, two or three very small species not usually
+noticed, complete the list of those which inhabit our streams and lakes.</p>
+
+<p>The colonists are now anxious to introduce the Salmon into the Tasmanian
+rivers, for which they seem admirably adapted. Hitherto the attempts
+have been made from Scotland, and failed; but it is supposed that the
+west coast of North America would afford a more favorable and accessible
+station from which to introduce the salmon of that country, which,
+although not so highly flavored as the Scotch species, would still be a
+most desirable acquisition.</p>
+
+<p>Some species of fish are poisonous at all seasons, as the toad-fish
+(<i>Apistes marmoratus</i>); others are only occasionally so; and the degree
+of poisonous effect would seem to depend not only upon the state of the
+fish, but to vary very much in different persons who partake of them at
+the same time. There is nothing, however, in these properties of the
+Tasmanian fish to distinguish them from those of many other countries
+where similar peculiarities exist.</p>
+
+<h3><a name="SECTION_IVf" id="SECTION_IVf"></a>SECTION IV&mdash;REPTILES</h3>
+
+<p>It will not be necessary, in a work like the present, to do more than
+notice in very general terms this and the subsequent departments of
+zoology, upon none of which have any separate works been published.</p>
+
+<p>Snakes exist all over Tasmania; all are believed to be poisonous, and
+some are well known to be so. They inhabit all localities, from the
+level of the sea to the summits of the loftiest mountains (about five
+thousand feet). The number of species is still undetermined, but there
+are believed to<span class='pagenum'><a name="Page_330" id="Page_330">[Pg 330]</a></span> be at least ten, although it is probable that the young
+of some kinds may have been mistaken for distinct species. The largest
+are usually four to five feet long, attaining occasionally, though but
+very rarely indeed, to a length of six feet. The greater number,
+however, are very much smaller, and are very various in color.
+Comparatively few instances have occurred wherein the bite of the snake
+has proved fatal to human life, and this, considering the immense number
+of snakes throughout the island, may be deemed remarkable. Numerous
+instances, however, of the death of horses, cattle, sheep, and dogs,
+have been recorded; but the particular species causing death in each
+instance has not been noted with precision; so that there are
+considerable doubts with many well-informed persons whether some
+innocuous kinds may not, like the ringed snake of England, be classed
+amongst their poisonous congeners, and indiscriminately killed with
+them.</p>
+
+<p>Next to man the hawk tribe are their most powerful and persevering
+enemies; and it would be wise on the part of the colonists if they
+forbade their servants to destroy those beautiful and, in this respect,
+most useful birds. Lady Franklin, during the government of her husband,
+Sir John Franklin, with her wonted liberality and kindness of heart,
+offered a reward of one shilling per head for every snake killed
+throughout the island. During the first year she paid about &pound;700, for
+nearly fourteen thousand snakes killed. Subsequently she discontinued
+this reward, having ascertained that it would not, at that time, prove
+permanently beneficial, as from the very great extent of waste and
+unoccupied land, where snakes could breed undisturbed, they were brought
+down in vast numbers to the inhabited parts of the island by the flooded
+streams and rivers; but it now becomes a question, when so much more of
+the island is occupied, whether our local legislature might not wisely
+renew the offer of a moderate reward for the destruction of these
+obnoxious and much dreaded reptiles.</p>
+
+<p>Lizards and frogs, of various species, are common, but possess no
+peculiar interest. A species of turtle has been occasionally washed
+ashore upon the east coast, brought, no doubt, from the east coast of
+New Holland by the current which sets from that direction towards Van
+Diemen's Land.<span class='pagenum'><a name="Page_331" id="Page_331">[Pg 331]</a></span></p>
+
+<h3><a name="SECTION_Vf" id="SECTION_Vf"></a>SECTION V&mdash;INSECTS</h3>
+
+<p>No work on the entomology of Tasmania has yet appeared, although few
+countries offer a wider or better field to the zealous entomologist, and
+it possesses many most interesting species.<a name="FNanchor_273_273" id="FNanchor_273_273"></a><a href="#Footnote_273_273" class="fnanchor">[273]</a></p>
+
+<p>There is a great preponderance of <i>Coleoptera</i> over the other orders.
+Some European forms are common; and several species, as the weevil,
+apple aphis, slug, &amp;c., have been introduced, and prove most injurious,
+as they increase with unusual rapidity. The domestic bee was brought to
+Van Diemen's Land from England by Dr. T. B. Wilson, R.N., in the year
+1834; and so admirably does the climate of this island suit this
+interesting insect that in the first year sixteen swarms were produced
+from the imported hive! Since that time they have been distributed all
+over the island, and have been sent to all the adjoining colonies; all
+those in Australia having been derived from the one hive. In Tasmania
+they are becoming wild in great numbers, spreading themselves rapidly
+through all the forests, even to the summits of the western mountains.</p>
+
+<h3><a name="SECTION_VIf" id="SECTION_VIf"></a>SECTION VI&mdash;MOLLUSCA</h3>
+
+<p>Of the mollusca inhabiting the shores of the island many are highly
+interesting, and several are very beautiful. The rare <i>Cypr&aelig;a
+umbilicata</i> (Sowerby) inhabits Bass' Strait, as also <i>Trigonia
+margaritacea</i> (Lam.), <i>Valuta papillaris</i> (Swainson), <i>Venus lamellata</i>
+(Lam.), <i>Crassatella kingicola</i> (Lam.), <i>solenimya Australis</i> (Lam.), a
+species of <i>Terebratula</i>, and many others most interesting to the
+conchologist, and not less so to the geologist, as some forms are now
+found living abundantly<span class='pagenum'><a name="Page_332" id="Page_332">[Pg 332]</a></span> in the Australian seas which are only known in
+the old world as occurring in a fossil state.</p>
+
+<p>Our Argonaut, or paper nautilus (<i>A. tuberculosa</i>, Lam.), is quite
+distinct from the European species, and scarcely less beautiful. It is
+occasionally washed ashore in considerable numbers on the islands in
+Bass' Strait. The beautiful <i>Janthina fragilis</i> has been washed ashore
+with its inhabitant on the east coast.</p>
+
+<p>Although many forms are almost purely Australian, there are,
+nevertheless, a great number of European types, such as species of
+<i>Mytilus, Venus, Pecten, Ostrea, Patella</i>, &amp;c.</p>
+
+<p>The only kind of shell-fish commonly consumed as an article of food and
+brought to market is a species of oyster. With the aborigines, however,
+shell-fish formed a very considerable and important article of diet. La
+Billardiere<a name="FNanchor_274_274" id="FNanchor_274_274"></a><a href="#Footnote_274_274" class="fnanchor">[274]</a> describes their diving for <i>Haliotis</i> at Recherche Bay;
+and abundant remains of their feasts still exist all along the coasts,
+and, in some places, many miles inland, the shell-fish having been
+carried in baskets by the women, to situations where fresh water was to
+be found. The sites of these aboriginal feasts are usually easily to be
+distinguished from raised beaches, or those accumulations of shells
+caused by change in the relative levels of sea and land. They may be
+known by their isolated character and position; by their forming, in
+many instances, round mound-like heaps, or tumuli; by the shells being
+injured by fire, often broken into small pieces, intermixed with
+fragments of charcoal; and from the fact of no small species of shell,
+not likely to form an article of food, being found intermixed.<a name="FNanchor_275_275" id="FNanchor_275_275"></a><a href="#Footnote_275_275" class="fnanchor">[275]</a> The
+species of shell-fish consumed by the aborigines were numerous, and
+varied according to the locality in which each shell abounded. Those
+commonly used were the two species of <i>Haliotis</i>, <i>Mussels</i>, a <i>Turbo</i>,
+and <i>Oyster</i>: several of the smaller <i>bivalves</i> and <i>univalves</i> were,
+however, occasionally used, but it does not appear that the <i>aborigines</i>
+of Tasmania ever eat the <i>Unio</i>, so far as can now be traced; in this
+instance exhibiting a remarkable difference from those of New Holland,
+with whom the <i>Unio</i> forms an important article of diet.</p>
+
+<p>The land shells are inconsiderable in number, not amounting to more than
+about six species. The freshwater kinds, including those inhabiting
+ditches, ponds, &amp;c., are<span class='pagenum'><a name="Page_333" id="Page_333">[Pg 333]</a></span> more numerous; but, except the <i>unio</i>, all are
+small and insignificant. Some species occur abundantly in situations
+which are perfectly dry for at least six months of the year, and seem,
+like many snails, to have the power of sustaining life for a long period
+in a dormant state.</p>
+
+<h3><a name="SECTION_VIIf" id="SECTION_VIIf"></a>SECTION VII&mdash;CRUSTACEA, ECHINODERMATA, &amp;c</h3>
+
+<p>Crabs of numerous species are common, and one species, occasionally
+caught on both the east and west coasts, attains to a gigantic size. A
+craw-fish is abundant on the coasts, and is much prized by epicures, and
+another inhabits the rivers which run into the sea on the north coast.
+Many other crustaceans, still undescribed or but little known, are to be
+found in all favorable situations.<span class='pagenum'><a name="Page_334" id="Page_334">[Pg 334]</a></span></p>
+
+<p>There is little in the character of the <i>echinodermata</i> to call for
+special notice. Species of many genera of star-fish and sea urchins are
+most abundant. <i>Acaleph&aelig;</i> and <i>polypi</i> are equally numerous, and a most
+extensive and little-explored field lies open in this colony to the
+naturalist in these most interesting branches of zoology. Our
+<i>infusoria</i>, too, are still undescribed, though numerous; but they call
+for few remarks in this place.</p>
+
+<p>In closing this chapter upon the zoology of Tasmania it must not be
+forgotten by the reader that its productions are still, in a great many
+cases, comparatively unknown; the notices of those described are
+scattered throughout an immense number of works, and in this island no
+museum or public scientific library yet exists, of such a character as
+to afford any aid to the compiler. It is not, however, to be expected
+that a general history of Tasmania should contain a minute history of
+all its varied and most interesting natural productions. It has been
+deemed sufficient, in the present slight sketch, to give in general
+terms merely those leading features which were likely to prove
+attractive to the general reader; leaving it to the student who may
+desire further information to refer to the works which have been noticed
+under the different heads.</p>
+
+<p><span class='pagenum'><a name="Page_335" id="Page_335">[Pg 335]</a></span></p><div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_268_268" id="Footnote_268_268"></a><a href="#FNanchor_268_268"><span class="label">[268]</span></a> <i>History of British Fossil Mammals and Birds.</i></p></div>
+
+<div class="footnote"><p><a name="Footnote_269_269" id="Footnote_269_269"></a><a href="#FNanchor_269_269"><span class="label">[269]</span></a> It may be as well, also, to observe here that the learned
+Professor's article on the <i>Marsupialia</i>, in the same work, leaves
+little to be desired by the student who desires fuller information on
+the comparative anatomy of the marsupial animals.</p></div>
+
+<div class="footnote"><p><a name="Footnote_270_270" id="Footnote_270_270"></a><a href="#FNanchor_270_270"><span class="label">[270]</span></a> Mr. Gould, in his introduction, says 181 species, and his
+table shows 172; but we think he has erred in placing some birds under
+the head of Van Diemen's Land, which in the body of his book do not
+appear ever to have been found in it.</p></div>
+
+<div class="footnote"><p><a name="Footnote_271_271" id="Footnote_271_271"></a><a href="#FNanchor_271_271"><span class="label">[271]</span></a> Vol. I., introduction, p. 170.</p></div>
+
+<div class="footnote"><p><a name="Footnote_272_272" id="Footnote_272_272"></a><a href="#FNanchor_272_272"><span class="label">[272]</span></a> For a very full and excellent description of the habits
+of this bird see a paper by R. H. Davies, Esq., in the <i>Tasmanian
+Journal</i>, Vol. II., p. 13.</p></div>
+
+<div class="footnote"><p><a name="Footnote_273_273" id="Footnote_273_273"></a><a href="#FNanchor_273_273"><span class="label">[273]</span></a> Two hundred and sixty-two species of Tasmanian insects
+were described by the German entomologist Erichsen, in <i>Wagner's
+Archives</i> for 1842. The Rev. T. J. Ewing, of New Town, the most zealous
+and able Tasmanian entomologist, in a paper in the <i>Tasmanian Journal</i>,
+vol. iii., p. 456, quotes the following works, where descriptions of
+Tasmanian insects may be found.&mdash;<i>Leach's Zoological Miscellany,
+Entomological Magazine, The Entomologist, Transactions of the
+Entomological Society of London</i>, and <i>Annals of Natural History</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_274_274" id="Footnote_274_274"></a><a href="#FNanchor_274_274"><span class="label">[274]</span></a> <i>Voyage in search of La Perouse</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_275_275" id="Footnote_275_275"></a><a href="#FNanchor_275_275"><span class="label">[275]</span></a> <i>Vide</i> a paper by R. C. Gunn: <i>Tasmanian Journal</i>, vol.
+II., p. 332.</p></div>
+</div>
+<p>&nbsp;</p>
+
+<h5>TASMANIA:<br />
+PRINTED BY J. S. WADDELL, LAUNCESTON.<br /></h5>
+<p>&nbsp;</p>
+
+<hr style="width: 65%;" />
+<h2><a name="NOTES_AND_ERRATA" id="NOTES_AND_ERRATA"></a>NOTES AND ERRATA</h2>
+<div class="mynote"><p class="center">
+Transcriber's Note: Errata corrected in text above.</p>
+</div>
+
+<p>Page 4, for "Charles II." read "Charles I."</p>
+
+<p>Page 14. This veteran was at the Exhibition of 1851, pointing out the
+natural productions and conversing with great zest with any person
+interested in this colony.</p>
+
+<p>Page 29, for "did not visit," read "did not convey the settlers."</p>
+
+<p>Page 41. The state of Van Diemen's Land may be inferred by the following
+evidence of Lieutenant Lord (1812), before the Committee of the Commons.
+"During eight or nine years we entirely depended on the woods. We had
+2lbs. of biscuit weekly for thirteen months;"&mdash;"We had not a single
+death." "I have often myself been glad to go to bed for want of bread."
+Mr. Lord was sometime acting lieutenant governor&mdash;the writer has, during
+a long voyage which his gentlemanly deportment made pleasant, often
+heard him narrate the difficulties of those early days.</p>
+
+<p>Page 56. The following extracts from various documents will bear out the
+statements in the text, in reference to the government proceedings of
+that day:&mdash;</p>
+
+<p>Crossly, the government lawyer, was transported for putting a "fly in a
+dead man's mouth"&mdash;making a forged will. He drew up the early
+indictments. He got his pardon this way: he drew bills (&pound;2000), on a man
+of straw in England. They were returned, but as a convict he could not
+be sued; therefore Governor King, to protect the creditors, gave him his
+pardon.&mdash;<i>Judge Adkins' evidence on Johnstone's trial.</i></p>
+
+<p>A person was ordered 500 lashes for sedition&mdash;<i>Gazette</i>, March 1807.</p>
+
+<p>Bakers using flour above 20 per cent. were threatened to have their
+ovens demolished.&mdash;1806.</p>
+
+<p>"A breach of regulations, made at the sole will of the Governor, was
+punished with 500 to 1000 lashes,"&mdash;<i>Report House of Commons Committee</i>,
+1812.</p>
+
+<p>"A man threatened to be as troublesome as Tom Pain, sentenced to 100
+lashes, and to wear a label on his back with 'Thomas Pain,' written in
+large characters."&mdash;1806.</p>
+
+<p>The following is Bligh's character of Judge Atkins&mdash;"He has been
+accustomed to inebriety&mdash;he has been the ridicule of the community,
+sentence of death has been pronounced in moments of intoxication, his
+determination is weak, his opinions floating and infirm, his knowledge
+of the law insignificant and subject to private inclination; and
+confidential cases of the crown, where due secresy is required, he is
+not to be trusted with." (Letter to Secretary of State.) Yet Atkins was
+his principle adviser.</p>
+
+<p>Page 65. Major Abbot said, "people err greatly in reference to my
+court&mdash;some think it is a court of law&mdash;<i>but it is not a court of law</i>;
+some think it is a court of equity&mdash;<i>but it is not a court of equity</i>.
+It is a court of justice and right."</p>
+
+<p>Page 76, for "100,000," read "10,000."</p>
+
+<p>Page 107, The following is an example of the pipe system:&mdash;"<i>Free
+Pardon.</i>&mdash;Whereas on the days of Thursday and Friday last, copies of a
+paper usually called <span class="smcap">A PIPE</span>, were circulated in the town of Sydney, one
+being thrown over the wall in George-street, opposite the
+Lieut.-Governor's house; another at the Provost Marshall's; another at
+Mrs. Macarthur's; another outside the walls of the Queen's Hospital,
+opposite the quarters occupied by D'Arcey Wentworth; each paper
+separately addressed to the above persons, and containing a false,
+malicious attack on his honor the Lieutenant Governor&mdash;it is hereby
+notified that his Excellency will <i>give a free and unconditional pardon,
+and in addition, two hundred pounds sterling</i>, offered by the officers
+of the 46th regiment, to any person or persons (not the actual authors
+of such paper) who will give information that may lead to the conviction
+of the offenders. May 4, 1816."</p>
+
+<p>Page 109, for "Lord Goderich," read "Sir G. Murray."</p>
+
+<p>Page 119. This passage was in type before the bill for an elective
+assembly passed.</p>
+
+<p>Page 135, for "quit-rents 2s.," read "2s. per 100 acres."</p>
+
+<p>Page 143, for "one never cultivated," read "one cultivated."</p>
+
+<p>Page 152, for "&pound;50,000," read "&pound;5,000."</p>
+
+<p>Page 152. The actual discoverer of the Burra Mines, Thomas Picket, a
+labourer, was burned to death in a state of intoxication in 1852.<span class='pagenum'><a name="Page_336" id="Page_336">[Pg 336]</a></span></p>
+
+<p>Page 172. In this trial the jurors could not agree as to damages, to
+they set down each a sum, and adding the whole, divided by twelve, which
+they gave as a verdict.</p>
+
+<p>Page 173, for "an even number," read "an ancient number."</p>
+
+<p>Page 183, for "154," read "148" (note).</p>
+
+<p>Page 249, for "deliberate," read "deliberative."</p>
+
+<p>Page 267, for "annulled," read "unsettled."</p>
+
+<p>Page 284, for "July, 1848," read "July, 1847."</p>
+
+<p>Page 297, for "two monstrous," read "too monstrous."</p>
+
+<p>Page 303, for "object to," read "object of."</p>
+
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+<hr class="full" />
+<p>***END OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF TASMANIA, VOLUME I (OF 2)***</p>
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diff --git a/24362.txt b/24362.txt
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+++ b/24362.txt
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+The Project Gutenberg eBook, The History of Tasmania, Volume I (of 2), by
+John West
+
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+
+
+
+Title: The History of Tasmania, Volume I (of 2)
+
+
+Author: John West
+
+
+
+Release Date: January 18, 2008  [eBook #24362]
+
+Language: English
+
+Character set encoding: ISO-646-US (US-ASCII)
+
+
+***START OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF TASMANIA, VOLUME I
+(OF 2)***
+
+
+E-text prepared by Jonathan Ingram, Jane Hyland, and the Project Gutenberg
+Online Distributed Proofreading Team (http://www.pgdp.net)
+
+
+
+THE
+
+HISTORY OF TASMANIA:
+
+by
+
+JOHN WEST,
+
+Minister of St. John Square Chapel, Launceston.
+
+VOLUME I.
+
+
+
+
+
+
+
+Tasmania:
+Henry Dowling, Launceston.
+1852.
+
+Tasmania:
+Printed By J. S. Waddell, Launceston
+
+Facsimile edition 1966
+
+
+
+
+TO HENRY HOPKINS, OF HOBART TOWN, ESQ.,
+
+THE
+
+HISTORY OF TASMANIA,
+
+UNDERTAKEN AT HIS REQUEST, IS RESPECTFULLY INSCRIBED
+
+BY
+
+THE AUTHOR.
+
+LAUNCESTON, SEPTEMBER, 1852.
+
+
+
+ADVERTISEMENT.
+
+The author takes this opportunity to thank the gentlemen who have
+allowed him, for several years, the use of their works on the colonies,
+and valuable original papers; especially the trustees of Lady Franklin's
+Museum, Messrs. R. Lewis, Hone, Gunn, Joseph Archer, Henty, P. Roberts,
+Wooley, and Pitcairn.
+
+The public are indebted to Ronald Gunn, Esq., for the section on
+Tasmanian Zoology; and to Mr. F. Wales for a useful list of the chief
+places in this country.
+
+
+
+
+CONTENTS--VOL. I.
+
+DISCOVERY.
+
+SECTION I.                            p. 1.
+
+
+Anthony Van Diemen, governor of Batavia--Sir Joseph Banks obtains
+Tasman's charts and journal--brass hemispheres at Amsterdam--discovery
+of Van Diemen's Land--Maria Island--visit of Captains Marion, Furneaux,
+Cook, Clerke, Cox, Bligh, D'Entrecasteaux--discovery of Bass' Straits by
+Bass and Flinders--Flinders' misfortunes and death--Baudin--misfortunes
+of our eminent navigators--monument erected by Sir John Franklin to
+Flinders.
+
+SECTION II.                           p. 20.
+
+Colonel Purry's project--opinion of Dalrymple--Cook's account of New
+South Wales--fleet assemble at Motherbank--Phillip governor--various
+opinions of the prospects of the colony.
+
+
+
+
+FROM 1803 TO 1824.
+
+
+SECTION I.                            p. 27.
+
+Van Diemen's Land occupied--state of Port Jackson at the time--Port
+Phillip occupied--abandoned--account of Buckley--debarkation at
+Sullivan's Cove--names of officers--Paterson occupies at Port
+Dalrymple--account of Collins--Burke's remarks--Collins' history--Lord
+Hobart.
+
+SECTION II.                           p. 34.
+
+Hobart Town named--York Town--Tamar river--Launceston--the first
+house--Norfolk Island vacated--settlers conveyed to Van Diemen's
+Land--overflow of the Hawkesbury--destitution--deposition of Bligh--he
+visits the Derwent--conduct of Collins--establishes a newspaper--his
+death--monument erected by Franklin to his memory.
+
+SECTION III.                          p. 48.
+
+Lieutenant E. Lord acting lieutenant-governor--ditto Captain
+Murray--visit of Governor Macquarie--Davey lieutenant-governor
+--improvements effected--St. David's church built--Bent's
+newspaper--death of Colonel Davey.
+
+SECTION IV.                           p. 53.
+
+Form of colonial government--courts--legislative orders--administration
+of justice--Abbot judge-advocate of Van Diemen's Land--opinions of
+Mackintosh--Bentham--torture--arbitrary conduct of Macquarie--governor's
+court--Abbot's death.
+
+SECTION V.                            p. 66.
+
+Lieutenant-Governor Sorell--checks bushranging--immigration of
+settlers--their privileges--Macquarie's account of Van Diemen's Land.
+
+SECTION VI.                           p. 70.
+
+Sheep introduced--Merino lambs imported into Van Diemen's Land--wool
+purchased by Mr. Hopkins.
+
+SECTION VII.                          p. 73.
+
+Whaling--duties on colonial oil--fetters of trade--Captain Howard's
+misfortunes--currency of Van Diemen's Land--trading habits.
+
+SECTION VIII.                         p. 78.
+
+Religious efforts--notices of Reverends Johnson, Marsden,
+Knopwood--Wesleyan first Sunday school--Reverends Horton, Mansfield,
+Macarthur--bible society--Reverend J. Youl--Reverend P. Connolly.
+
+SECTION IX.                           p. 86.
+
+Bill for better administration of justice--supreme court
+established--colonial agent--departure of Sorell--Leith
+company--Sorell's character--agricultural societies--advantages of
+immigrants at the present time.
+
+
+
+
+FROM 1824 TO 1836.
+
+
+SECTION I.                            p. 95.
+
+Lieutenant-Colonel Arthur, superintendent at Honduras--dispute with
+Colonel Bradley--with the slaveholders--state of Van Diemen's
+Land--court proclaimed--trial by jury--charges against Mr. J. T.
+Gellibrand, jun.--Talfourd's opinions--Van Diemen's Land declared
+independent of New South Wales--police magistrates appointed.
+
+SECTION II.                           p. 106.
+
+Rise of the Australian press--restraint of the press by Arthur--Dr. Ross
+government printer--colonists maintain the freedom of the press.
+
+SECTION III.                          p. 110.
+
+Van Diemen's Land Company formed--its investments--Jorgen Jorgenson.
+
+SECTION IV.                           p. 115.
+
+State of society at Hobart--Judge Forbes--Governor Darling--punishment
+of Thomson and Sudds--trial of Dr. Wardell--Major Honor's case--Mr.
+Humphrey police magistrate--petitions for an elective assembly--
+disagreements with Arthur--Gellibrand, sen., dismissed from the
+magistracy--act of parliament for the colony--Marshall's proposal
+for a colonial association.
+
+SECTION V.                            p. 120.
+
+Dispute between Jennings and Montagu--rate on returned bills of exchange
+fixed--trial of Dillon--treasury robbed--Ikey Solomon's arrest--conduct
+of a jury--races at Ross--pirates take the _Cumberland_.
+
+SECTION VI.                           p. 124.
+
+Grammar school--orphan school--mechanic institution--Dr. Ross--Dr.
+Henderson.
+
+SECTION VII.                          p. 127.
+
+Bank of Van Diemen's Land--state of trade--Gatenby farmers--treasury
+robbed--Cox's conveyance established--dearth in New South Wales.
+
+SECTION VIII.                         p. 131.
+
+Liabilities of publicans--impounding cattle--dog act--usury law.
+
+SECTION IX.                           p. 134.
+
+Endowment of emigrants with land--early regulations--quantities of land
+given--early price of land.
+
+SECTION X.                            p. 136.
+
+Van Diemen's Land divided into counties--land commissioners
+appointed--conditions of grants--land obtained by fictitious capital.
+
+SECTION XI.                           p. 139.
+
+Brisbane grants--proof of ownership--resumption resisted by
+juries--defect in titles discovered--defect in description--caveat board
+established--Major Abbot's claim--quit rents--free grants
+terminated--Lord Ripon's regulations.
+
+SECTION XII.                          p. 148.
+
+Wakefield's colonization scheme--Wilmot Morton's views--Swan River
+settlement--sufferings of first settlers--colony of South
+Australia--mineral wealth--Port Phillip occupied--emigration of females
+and mechanics--important consequences--table of land regulations.
+
+SECTION XIII.                         p. 160.
+
+Bank of Australasia--state of the currency--Tamar bank--Union bank.
+
+SECTION XIV.                          p. 161.
+
+Glorious 23rd of May!--Baxter appointed judge--set aside--police and
+gaols--land revenue.
+
+SECTION XV.                           p. 165.
+
+Mr. W. Bryan's disagreement with Arthur--Arnold condemned for cattle
+stealing--case of Lewis--of Bryan, jun.--murder of Captain
+Sergeantson--perjury--trial by jury.
+
+SECTION XVI.                          p. 174.
+
+"True Colonist"--state of the press--charges against Arthur--increase of
+newspapers--political association.
+
+SECTION XVII.                         p. 177.
+
+Recall of Arthur--- advancement during his administration--his great
+ability--his views of public works--his departure--death of Mr. J. T.
+Gellibrand.
+
+
+
+
+FROM 1836 TO 1843.
+
+
+SECTION I.                            p. 191.
+
+Snodgrass acting-governor--arrival of Sir John Franklin--views of the
+colony--his reception--efforts to reconcile parties--magistrates
+increased--council chamber opened.
+
+SECTION II.                           p. 195.
+
+Difficulties respecting the churches--Dr. Lang--church and school
+corporation erected--dissolved by the crown--Sir G. Murray's
+views--Bourke's plan--Arthur's views--bishopric established in New South
+Wales--claims of the Presbyterians--declare for the established
+church of Scotland--Sir G. Grey's decision--act of general
+assembly--appellate jurisdiction refused--synod proclaimed--assembled and
+dissolved--controversy between the churches--church act passed--rivalry
+of the churches--act amended--demands on the treasury--bishopric of
+Tasmania established--Bishop Nixon enthroned--differences with
+clergy--ecclesiastical courts--refused by Wilmot--conference at
+Sydney--ecclesiastical titles arranged--free church of Scotland--tolerance
+of laity--respect for religion.
+
+SECTION III.                          p. 215.
+
+Education--Franklin proposes a college--Dr. Arnold's views--Mr. Gell
+appointed--foundation of college laid--abandoned--- schools in New South
+Wales--British system established in Van Diemen's Land--British system
+abandoned.
+
+SECTION IV.                           p. 219.
+
+Distillation forbidden--emigration promoted--interference of
+commissioners--libel on Mr. Dowling--emigrants prosper--effects of
+probation--distress in the colonies--causes of distress--revival.
+
+SECTION V.                            p. 225.
+
+Franklin arranges probation system--dispute with Captain
+Montagu--dismisses him--Lord Stanley justifies Captain Montagu--Franklin
+recalled--his amiable character--last expedition.
+
+
+
+
+FROM 1843 TO 1847.
+
+
+SECTION I.                            p. 233.
+
+Sir E. Wilmot arrives--his connexions--opinion of the _Times_--his
+popular manners--the agricultural association--bushranging--Wilmot's
+promises to the legislature--remodels the Tasmanian Society--his
+difficulties--central committee--usury law--fetters of trade--Hutt's
+motion--road bill--irrigation--expense of police--public debt--Wilmot
+adheres to his instructions--duties raised from five to fifteen per
+cent.--taxation defeated--quarrel with the _Courier_--Mr. Bicheno's
+political opinions--discussion in the council--Mr. Dry's motion--council
+adjourned--despatches respecting police and public works--injustice of
+Lord Stanley--anti-colonial character of probation system--Lord
+Stanley's restrictions--proposes to raise produce for commissariat--
+inadequate surveillance--Wilmot's representations--Stanley's reply--council
+meet--estimates unintelligible--motions rejected by the governor's
+deliberative and casting votes--Mr. Smith's opinion--six members
+resign--obligation of official members--defence of the six--remarks--
+popular sympathy.
+
+SECTION II.                           p. 252.
+
+Development of probation system--location of gangs--Mr. Pitcairn's
+petition--Wilmot's counter representation--Wilmot rejected as patron of
+the Van Diemen's Land agricultural association--vacancies filled up in
+the council--members resign--L24,000 allowed by home government--
+differential duties bill--Hobart Town commissioners--dog act--recall
+of Wilmot--defended the probation system--blame cast on him--Wilmot's
+last address--Mr. Gladstone's despatch--his decision respecting the
+six--Wilmot slandered--Gladstone's letter--debates in parliament--
+remarks--Wilmot's death--Mr. La Trobe's administration.
+
+
+
+
+FROM 1847 TO 1852.
+
+
+SECTION I.                            p. 265.
+
+Sir William Denison meets the twelve--re-appoints the six--errors in
+commission discovered--refers home--the six appointed--dog tax declared
+illegal--actions of merchants--dismissal of Judge Montagu--Judge Pedder
+refuses leave of absence--Mr. Horne appointed--doubts' bill
+passed--decision of home government--charge against the merchants--their
+defence--appeals to Downing-street--public petitions for an
+assembly--plans proposed--council of New South Wales--discontent at Port
+Phillip--report of Sir William Denison--plan of Earl Grey
+rejected--privy council report--opinions of their report--bill
+passed--rejoicings at Port Phillip--at Van Diemen's Land--college at
+Bishopsbourne--Hutchins' school--high school.
+
+SECTION II.                           p. 276.
+
+Struggle against transportation--Mr. McLachlan--English press--state of
+colony--pardons extended--North Australia--squatters hire
+expirees--exiles received at Port Phillip--abolition proposed--Mr.
+McLachlan's letter to Mr. Gladstone--petition presented to the
+Lords--Mr. Ewart's motion--Earl Grey and Mr. Hawes receive the seals of
+the colonial office--avow the principles of Whately--Sir W. Denison's
+circular--discussion--committees appointed--public meetings.
+
+SECTION III.                          p. 283.
+
+London agency--meeting--Lord Grey's despatch announcing the views of
+government--address of Sir W. Denison--his despatch in favor of
+transportation--Norfolk Island prisoners--proposal to New South Wales
+accepted on both sides--repudiation by Earl Grey, and a new proposal to
+New South Wales rejected--circular letter to the colonies--convicts sent
+to the Cape rejected--rejected at Port Phillip--effect of the treatment
+of Van Diemen's Land on other colonies--prospects of 1848.
+
+SECTION IV.                           p. 289.
+
+Lord J. Russell's speech--conduct of ministers--great number of
+petitions--Sir W. Denison's views--resolution of colonists--rapid
+changes of systems--the intentions of Earl Grey--evils of ticket
+system--resolution of the Legislative Councils--views of different
+parties--state of the colony--Earl Grey accused of breach of faith--Earl
+Grey's speech--declares his determination to proceed--the effect of his
+speech on Van Diemen's Land--Leagues formed--_Neptune_ arrived--protest--
+petitions of all classes--convict party form an association--it is
+dissolved--weakness of the colony--feelings of other colonies towards
+Van Diemen's Land.
+
+SECTION V.                            p. 298.
+
+The "Australias are One"--address to the colonies--Earl Grey renews his
+application to New South Wales--decision of the people--response of the
+colonies--meeting of abolitionists at Hobart--declare against
+transportation to any of the colonies--a conference appointed--delegates
+meet in Victoria--the Australian League formed--large subscriptions--fire
+in Port Phillip--meeting of delegates in New South Wales--proceedings
+of conference--the elections--the discovery of gold--effects on
+employers--League assailed by the convict party--delegates visit
+Adelaide--League adopted at New Zealand--people return opponents of
+transportation--conduct of emancipists--not one supporter of
+transportation returned--resolutions of the Legislative Councils of
+New South Wales, Victoria, South Australia, and Van Diemen's Land.
+
+       *     *     *     *     *
+
+ZOOLOGY.
+
+
+SECTION I. p. 321. Mammalia.--SECTION II. p. 328. Birds.--SECTION III.
+p. 332. Fishes.--SECTION IV. p. 333. Reptiles.--SECTION V. p. 335.
+Insects.--SECTION VI. p. 335.--Mollusca.
+
+
+
+
+HISTORY OF TASMANIA.
+
+       *     *     *     *     *
+
+DISCOVERY, &c.
+
+
+
+
+DISCOVERY, &c.
+
+
+SECTION I.
+
+
+Nearly fifty years have elapsed, since Van Diemen's Land was numbered
+with the colonies of the British empire. A generation has risen up and
+is passing away. Thousands, while they venerate the land of their
+European ancestors, with an amiable fondness love Tasmania as their
+native country. They will, hereafter, guide its affairs, extend its
+commerce, and defend its soil; and, not inferior in virtue and
+intelligence, they will fill an important position in the vast system of
+Australasia.
+
+To gratify their curiosity, and offer to their view the instructive and
+inspiriting events of the past, is the purpose of this history.
+
+The difficulty of the task can be appreciated only by experience. To
+collect from scattered records, facts worthy of remembrance; to separate
+reality from romance; to remove partial coloring from statements made
+long ago; and to exhibit useful truth without disguise and without
+offence, required much research and deliberation.
+
+It is not the intention of this history to relate every event which,
+when passing, may have been deemed momentous; much less to recal from
+obscurity the errors, absurdity, and wickedness which exercised no
+distinct influence on the common welfare. The author has endeavoured to
+realize the feelings and sympathies of the benevolent and just of
+another age, and to confine his pen to details which may maintain their
+interest, when the passions with which they were associated shall
+subside for ever.
+
+In calling this work THE HISTORY OF TASMANIA, a designation is chosen
+generally preferred by the colonists, and which their successors will
+certainly adopt. "Van Diemen" is a name affixed to the north coast of
+New Holland; and this country is the first known discovery of Tasman.
+
+The name of Tasman is recognised by the royal patent constituting the
+diocese; by several literary societies and periodical works: it forms
+the term by which we distinguish our Tasmanian from our European youth.
+
+Tasmania is preferred, because "Van Diemen's Land" is associated among
+all nations with the idea of bondage and guilt; and, finally, because
+while Tasmania is a melodious and simple sound, "Van Diemen" is harsh,
+complex, and infernal.
+
+       *     *     *     *     *
+
+During the reign of Charles I. (Frederick Henry, grandfather of William
+III. being Stadtholder of Holland) the Dutch discovered this island. The
+enterprise of that people had raised them to the zenith of their power:
+unless by England, they were unrivalled in nautical science and
+commercial opulence. More for the purposes of trade than the acquisition
+of knowledge, they were anxious to discover unknown countries, and to
+conceal the information they possessed from the rest of the world.
+
+At this time, Anthony Van Diemen was governor-general of Batavia: by
+him, Abel Jans Tasman was commissioned to explore the "Great South
+Land," the name by which New Holland was known until 1665, when, by the
+authority of the Netherland government, it received its present
+designation. A fragment of the journal of Tasman, containing an account
+of his discovery, was first published by Dirk Rembrant, and afterwards
+translated into most European tongues. In this abstract nautical details
+respecting Van Diemen's Land were omitted, but were described in the
+journal itself, and by thirty-eight charts, views, and figures. These
+were purchased by Sir Joseph Banks, on his return from his voyage to
+these seas. Tasman's journal was translated by a Netherland clergyman:
+he considered the age of the manuscript confirmed by the spelling: that
+it was genuine he had no doubt, although he questioned whether written
+by Tasman, or transcribed at his command. Sir Joseph Banks acquired at
+the same time a copy of instructions to Tasman, given by the Governor of
+Batavia in 1644, for a second expedition, and which recapitulated the
+various voyages of his predecessors. These, however, have no connection
+with Van Diemen's Land.
+
+To adorn the new stadthouse of Amsterdam, erected in 1665, three
+hemispheres were wrought in stone, of twenty-two feet in diameter: the
+circles were inlaid with brass, and were executed by a celebrated
+artist. The southern hemisphere exhibited the discoveries of Tasman and
+his predecessors: they formed the pavement of the hall, until
+obliterated by the tread of several generations. They were quite
+forgotten when Sir Joseph Banks sought information from the inhabitants.
+A copy of these works of art was preserved, and displayed the extent to
+which New Holland and Van Diemen's Land were known.
+
+The journal of Tasman has been greatly admired: it is clear, laconic,
+and devout.[1] It opens with an invocation: "May God Almighty be pleased
+to give his blessing to this voyage. Amen." The document is, indeed,
+full of pious sentiments: when a long desired breeze liberated the
+vessel from port, or refreshment was obtained, or safe anchorage found,
+he dots down a thanksgiving. He reckoned his longitude from the Peak of
+Teneriffe: the hours he called glasses; his miles were German, fifteen
+to a degree.
+
+On the 14th of August, 1642, Tasman embarked at Batavia, on board the
+_Heemskirk_, the fly-boat _Zeehaan_, Jerit Zanzoon, master, in company.
+They set sail for the Mauritius, and arrived on the 5th of September.
+That island, then commanded by Van Steelan, was but little cultivated,
+and gave slight promise of its present importance.[2] On the 4th
+October, they were ready to depart, but were delayed by contrary winds
+until the 8th, when on a change in their favor they stood eastward to
+sea. On the 27th, a council being called, it was resolved that a man
+should constantly look out at the topmast head; and to encourage
+vigilance it was determined, that the first discoverer of land should
+receive three reals and a pot of arrack. On the 4th November they saw
+patches of duckweed and a seal, and inferred their vicinity to land. The
+first pilot, Francis Jacobzs, on the 7th, supported by the advice of the
+steersman, thus delivered his opinion:--"We should keep to the 44 deg.
+south latitude, until we have passed 150 deg. longitude; then make for
+latitude 40 deg. south, and keeping in that parallel to run eastward to
+220 deg. longitude, and then steering northward search with the trade wind
+from east to west for the Solomon Islands. We imagine, if we meet with no
+main land till we come to 150 deg. longitude, we must then meet with
+islands." On the 17th, they were in latitude 44 deg. 15' and longitude 147
+deg. 3': they concluded that they had already passed the south land then
+known. On the 22nd they found their compass was not still within eight
+points, which they attributed to the influence of loadstone, and which
+kept the needle in continual motion. On the 24th, at noon, they found
+their latitude 42 deg. 25' south, longitude 163 deg. 31': in the afternoon,
+at 4 o'clock, they observed land, Point Hibbs, bearing east by north. The
+land was high, and towards evening they saw lofty mountains to the east
+south-east, and to the north-east two smaller mountains: here their
+compass stood right. They resolved to run off five hours to sea, and
+then to run back towards the land. On the 25th, the morning was calm,
+and at 5 o'clock they were within three miles of the shore, and had
+soundings at sixty fathoms. They approached a level coast, and reckoned
+their latitude 42 deg. 30', and middle longitude 163 deg. 50'. On this day
+they named their discovery: "we called it Anthony Van Diemen's Land, in
+honor of our high magistrate and governor-general, and the islands near
+(Boreels) we named in honor of the council of India, as you may see by
+the little map we made." Next day they lost sight of land. They fixed
+the longitude 163 deg. 50', and gave orders to the master of the _Zeehaan_
+to adopt that reckoning. On the 28th land reappeared, and in the evening
+they came near three small islands, one of which they thought like the
+head of a lion (Mewstone, of Furneaux). On the following morning they
+passed two cliffs, one (the Swilly, of Furneaux) like the Pedra Branca,
+near the coast of China; the other, the eastern cliff, resembling a high
+misshapen tower (the Eddystone, of Cook). Between the cliff and the main
+land they passed, until they came almost to Storm Bay, where they found
+it impossible to anchor, and were driven by the wind to sea--so far,
+that land could scarcely be sighted in the morning. In the afternoon of
+the 1st December, they anchored in a good port (marked Frederick Hendrik
+Bay in the chart), with twenty-two fathoms water, and bottom of fine
+light grey sand.
+
+On the following morning the boats were despatched to the shore: on
+their return, the steersman informed them that they had heard the sound
+of voices, and of a little gong; but saw no one. They remarked two
+trees, sixty feet from the ground to the branches, and two and a-half in
+circumference: the bark taken off with flint stones, and steps cut to
+climb for birds' nests, full five feet from each other, and indicative
+of a very tall people. They saw marks, such as are left by the claws of
+a tiger, and brought on board the excrements of some quadruped; gum lac,
+which dropped from trees, and greens "which might be used in place of
+wormwood." They saw people at the east corner of the bay:[3] they found
+no fish, except mussels: many trees were burned hollow near the ground;
+they were widely separated, and admitted an extensive view.
+
+On the 3rd, they went to a little bay, south-west from their ships, in
+search of water: the surf prevented their landing, but the carpenter
+swam on shore; and near four remarkable trees, standing in the form of a
+crescent, he erected a post, on which a compass was carved, and left the
+Prince's flag flying upon it.[4] "When the said carpenter had done this
+in the sight of me, Abel Jans Tasman, of the master Jerit Zanzoon, and
+under merchant Abraham Coomans, we went in the shallop as near as
+possible, and the said carpenter swam back through the surf. We then
+returned on board, and left this memorial to the posterity of the
+inhabitants. They did not show themselves, and we suspected some to be
+not far from thence, and watching carefully our doings." The last object
+they noticed was a large round mountain (St. Patrick's Head), on the
+eastern coast, of which they lost sight on the 5th December.
+
+From Van Diemen's Land they proceeded to New Zealand, where by an
+encounter with the natives several lives were lost: thence they passed
+Tongataboo, Amsterdam, and Rotterdam, and arrived at Batavia on the 15th
+June, 1643. Tasman closes his journal with his usual devotion: "God be
+praised for this happy voyage. Amen."
+
+That Maria Island was named after the daughter of Van Diemen, and that
+Tasman went over the ocean writing down her name in the imperishable
+records of his discoveries, is a pleasing tale; but the evidence on
+which it rests is far from conclusive. Thus at Amsterdam he called the
+anchorage Van Diemen's Road, and where the boats went for water Maria's
+Bay, "in honor of our governor-general and his lady." That a daughter of
+the same name existed is not improbable, but who can tell whether the
+Maria Island of Tasmania's coast was named in complaisance to the
+daughter, or to conciliate the mother! In hope to confirm the agreeable
+fiction the journal of Tasman has been examined, but in vain.
+
+The spirit of discovery revived in Europe after a long slumber; and a
+succession of illustrious navigators, in their passage to regions deemed
+more important, touched at Van Diemen's Land, and thus rapidly developed
+its geography. After Tasman, the next visitor was Captain Marion, of the
+_Mascarin and Castries_, who in 1772 arrived from the Mauritius, in
+search of the "southern continent," then the grand object of nautical
+inquiry, and anchored in Frederick Hendrik Bay, the 4th March. The visit
+is chiefly memorable for a fatal collision with the natives, who,
+according to the French, exhibited uncommon ferocity. On his stepping on
+shore they offered Captain Marion a fire stick, which he supposed a
+ceremony of friendship; but when he lighted a heap of wood, as he
+imagined in compliance with their custom, they retired to a hill, and
+threw a shower of stones. The French fired their muskets, and the
+natives fled: their pursuers found in the wood a dying savage--the first
+victim of European intrusion. Marion and some others were injured
+slightly by the missiles of the natives, and a black servant was wounded
+by a spear.
+
+The remarks they made are of no great value: they entered the country,
+and saw everywhere the effects of fire, which they supposed was intended
+to drive wild animals from the coast. They could not discover a tree
+suitable for a mast, and were unsuccessful in obtaining water. A small
+map, which sketched the form of the coast with considerable exactness,
+accompanied the account of this voyage, and tended to awaken the French
+to the importance of these seas.
+
+The next visit was accidental, but most important: Captain Cook, in
+1772, left Great Britain to explore the icy region near the Pole. There
+the vessels separated in a fog: they were unable to rejoin, and while
+Cook proceeded to New Zealand in the _Resolution_, Captain Tobias
+Furneaux, his second in command, touched at Van Diemen's Land in the
+_Adventure_. He made the south-west cape on the 9th of March, 1773,
+exactly one year after Marion left the island. After passing the
+Mewstone, a boat's crew sent on shore reported favorably of the country,
+and that they had seen beautiful cascades pouring from rocks two hundred
+feet high. Finding no anchorage, Furneaux passed the black rocks (the
+Boreels of Tasman), which he called the Friars, and discovered Adventure
+Bay, which is separated from Storm Bay by Cape Frederick Henry. There
+they found anchorage in seven fathoms, within half a mile of either
+shore, and obtained wood and water in abundance. The numerous islets and
+tortuous navigation of the coasts led Furneaux into several errors. To
+discuss them would tire the patience of nine readers in ten, and afford
+no pleasure to the tenth.
+
+The _Adventure_ sailed along the eastern coast to the latitude of 40 deg.
+50', where Furneaux observed the land turned towards the westward. He,
+however, narrowly missed the discovery of the straits, and turned off
+for New Zealand, convinced "that there was no strait between New Holland
+and Van Diemen's Land, but a very deep bay." The impression he adopted,
+he conveyed to Captain Cook, who had intended to visit Van Diemen's Land
+for the solution of this geographical problem, which now he considered
+determined.[5]
+
+On his third and final voyage to the Pacific, Captain Cook touched at
+Van Diemen's Land in the _Resolution_, then accompanied by Captain
+Clerke. He sighted the island bearing north-west half-west, distant
+three leagues from Mewstone. A neighbouring rock, unnoticed by Furneaux,
+he called the Eddystone, from its resemblance to an English lighthouse
+of that name. Detained by calms, he did not reach Adventure Bay until
+the 26th, where at 4 P.M. he dropped anchor in twelve fathoms, within a
+mile of the shore. The officers were delighted with the country, and
+particularly with its gigantic forests. Mr. Anderson, the surgeon, spent
+his leisure wandering on the beach of Adventure Bay; angling in a lake,
+or ascending the neighbouring hills.[6] Captain Cook left swine on the
+shore, which were driven into the bush when the natives were not
+present; in the hope they might escape them, and thus add to the
+resources of the country. He departed on the 30th for New Zealand. The
+account left by Cook is chiefly interesting for its description of the
+natives, and will be noticed in the history of that unfortunate people.
+
+On the 3rd July, 1789, the brig _Mercury_, John Henry Cox, master,
+entered a deep bay on the south side of Van Diemen's Land, and was about
+ten miles from the Mewstone: attempting Adventure Bay, he was carried to
+the eastward, and afterwards accidentally discovered Oyster Bay.
+
+Captain Wm. Bligh, subsequently governor of New South Wales, touched at
+Van Diemen's Land in 1788, when on his voyage to Tahiti, whence he was
+instructed to convey the bread fruit tree to the West India Islands. His
+object was frustrated by the mutiny of his crew; and after a passage in
+an open boat, attended with extraordinary perils, he reached Great
+Britain. The _Providence_ and _Assistant_ were placed under his command:
+he was sent on the same errand, in which he was successful, and
+re-appeared in Adventure Bay in 1792. During his stay he planted several
+fruit trees, acorns, and vegetables.
+
+An inscription found by the French crew on a tree, signified that near
+by, "Captain William Bligh planted seven fruit trees: Messrs. T. and W.,
+botanists." They consisted of one fig, two pomegranates, and four
+quinces. An apple tree was found by Labillardiere on the coast. They
+doubtless all perished. The Frenchman was greatly scandalised by the
+despotism which condemned men of science to initials, and gave a sea
+captain a monopoly of fame.
+
+This celebrated naturalist was attached to the expedition of
+Rear-Admiral Brune D'Entrecasteaux, sent out by the government of France
+to ascertain the fate of La Perouse, whose amiable reputation
+conciliated the good-will of all parties. Although concluded that the
+vessel he commanded must be lost, it was fondly hoped that he still
+survived. The national assembly paused in the midst of its conflict with
+the king, to request that vessels might be dispatched, and rewards
+offered, for his relief. In his decree, Louis XVI. describes the
+expedition as intended, beyond its primary design, to perfect the
+description of the globe. On the day the first colonists of New South
+Wales entered Port Jackson, the expedition of La Perouse was seen by the
+astonished English approaching the coast. After an interchange of those
+civilities which dignify the intercourse of polished nations, he left
+New Holland.
+
+In a letter, dated September, 1787, Perouse stated his intention "to
+employ six months in visiting the Friendly Islands to procure
+refreshments; the south-west coast of Mendana, the land of the
+Arsacides, with that of Louisiade, as far as New Guinea."[7]
+
+Many years after, relics were recovered, which demonstrated the vicinity
+of his misfortunes. A lascar informed Captain Peter Dillon, of the East
+India Company's service, that two Frenchmen survived at Manicola; he
+therefore visited the island, where he found several relics of the lost
+admiral, although the Frenchmen were dead; among the rest his sword
+guard, marked with his cypher.[8] Dillon was honored by the French
+government with the title of Chevalier, and received a pension.
+
+In 1792, D'Entrecasteaux in the _Recherche_, and Captain Huon Kermandee
+in the _Esperance_, reached Van Diemen's Land. On the 20th April, when
+looking for Adventure Bay, they discovered the channel which bears the
+name of D'Entrecasteaux. They remained a month, when they departed on
+their search, and returned on the 20th January, 1793, to complete their
+observations. They found that the channel extended to the Storm Bay of
+Tasman: they entered and named the Huon, and the Rivere du Nord, now the
+Derwent, and examined the different harbours. Their charts are said to
+exhibit the finest specimen of marine surveying ever made in a new
+country.[9] Of D'Entrecasteaux's Channel, then deemed the most important
+discovery since the time of Tasman, Rossel, who recorded the events of
+the voyage, writes with rapture:--"A harbour, twenty-four miles in
+length, and equally safe in every part. Such a retreat, in a gulph which
+bears the menacing name of Storm Bay, is a luxury that, to be able to
+express, must be felt."
+
+Captain John Hayes, of the Bombay marine, with the private ships _Duke_
+and _Duchess_, examined Storm Bay and D'Entrecasteaux's Channel, in
+1794. He passed up the Rivere du Nord much farther than the French,
+which he called the Derwent; and in his passage affixed names to various
+places, which have effaced those given by the original French
+discoverers--whose survey, however, to the extent of their navigation,
+was more correct than his own.
+
+The form of Van Diemen's Land had long been a nautical problem. Captain
+Hunter, observing the swell of the ocean, deemed the existence of a
+strait highly probable. Mr. George Bass, surgeon of the royal navy, a
+gentleman to whom his generous friend Flinders refers with great
+admiration, resolved to test the conjecture. He had already given proof
+of intrepidity: in company with Flinders and a boy, he embarked in a
+boat, eight feet long, called _Tom Thumb_. After escaping great dangers,
+they returned to Port Jackson with valuable information respecting the
+coast.
+
+In 1798, Bass obtained from Governor Hunter a six-oared whale boat, six
+men, and six weeks provisions: with this outfit he proceeded along the
+eastern coast of New Holland, occasionally landing and obtaining
+supplies, which enabled him to prolong his absence to eleven weeks. He
+continued his course until the agitation of the water convinced him that
+the open sea was not far distant: he discovered Western Port, and a
+country of great attraction. He explored six hundred miles of coast,
+one-half of which was hitherto unknown; an enterprise beyond example in
+nautical adventure, and entitling him to that renown which belongs to
+his name.
+
+To test this discovery, the governor authorised Lieutenant Flinders and
+Mr. Bass to sail through the strait in the _Norfolk_, a colonial sloop,
+of 25 tons. Twelve weeks only were allowed for the voyage, which
+compelled the navigators to content themselves with a cursory survey.
+
+In October, 1798, they left Port Jackson: after spending some time
+among the islands which crowd the straits, they sighted Cape Portland, a
+name given it in honor of the Duke of Portland, then secretary for the
+colonies; thence they passed Port Waterhouse, so called after the
+captain of the _Reliance_. The first important discovery was Port
+Dalrymple, called after the hydrographer of the admiralty, Alexander
+Dalrymple.[10] Green Isle, Western Arm, Middle Island, Whirlpool Reach,
+Swan Point, and Crescent Shore, preserve memorials of the visit in their
+designations.
+
+They reported Port Dalrymple an excellent place for refreshments: black
+swans, whose quills covered the beach in countless thousands; kangaroos,
+of the forest kind; flocks of ducks and teal, and mussels and oysters,
+were found in abundance.
+
+Proceeding along the coast, they came to a headland, which they called
+Circular Head, from its resemblance to a Christmas cake. They now
+approached the solution of the question which had dictated their voyage.
+They remarked a long swell from the south-west breaking on the western
+shore: they hailed it with joy and mutual gratulation, and passed in
+safety the clustering islets in their course: the extreme north-west
+they called Cape Grim. Proceeding round the western coast, they observed
+the mountains noticed by Tasman when he visited the island, which in
+memory of his vessels they called Mount Heemskirk and Mount Zeehaan.
+They named Point Hibbs after the master of the _Norfolk_. The
+discoveries of Flinders here may be said to terminate, until he
+proceeded up the Derwent.
+
+The utility of the strait was highly rated. It secured perpetual renown
+to Bass, whose name it bears: this was given by Governor Hunter at the
+recommendation of Flinders, whose candour is always conspicuous in
+awarding the palm of discovery to those to whom it is due! Not only does
+the strait curtail a voyage from the Cape by four degrees, but vessels
+avoid the winds which obstruct navigation round the South Cape and Cape
+Pillar of Van Diemen's Land, which prolong the passage several days; a
+point of great importance in the conveyance of passengers.
+
+The _Norfolk_ steered into the Derwent by the chart of Hayes. Both
+Flinders and Bass observe, with indignation, how creeks are magnified
+into rivers, coves into bays, and a few acres into plains: as Risdon
+River, Prince of Wales's Bay, and King George's Plains. They corrected
+his definitions, but left him the honors of discovery. Flinders
+proceeded to Herdsman's Cove, which he so distinguished for its
+extensive pasture and plentiful waters.
+
+Bass depicts the Derwent as a dull and lifeless stream, respectable only
+because the Tasmanian rivers are insignificant![11] To a bay they
+entered on the western side of Tasman's Peninsula, they gave the name of
+their vessel, which was built at Norfolk Island, of the pine peculiar to
+that place.
+
+Flinders continued, after the departure of Bass, to prosecute researches
+on the coast of New Holland, until the _Reliance_ returned home. In that
+vessel his charts were conveyed, and were published. On a plan being
+offered by Sir Joseph Banks for completing the survey, the
+_Investigator_ was placed under the command of Flinders, who was
+promoted to the rank of commander, furnished with a chosen crew, and
+attended by Westall, a painter, and Brown, a naturalist whose collection
+added largely to his department of science. Flinders received a passport
+from the French government, expressed with the usual amplitude. It
+inhibited all vessels of war from molesting the _Investigator_, and gave
+right of entry to all ports subject to France, for refitting or
+refreshment, on condition that nothing were done hostile to that power.
+This protection was demanded by Lord Hawksbury, of M. Otto, the
+celebrated representative of the Republic in England. Flinders had
+proposed to visit Van Diemen's Land, but had been partly anticipated by
+the _Lady Nelson_, sent from England to be employed as tender to the
+_Investigator_, and fitted with a keel suited to shallow waters. Brown,
+the naturalist, remained some time after the expedition was interrupted.
+He wandered on the banks of the Derwent and Tamar, collecting shrubs and
+flowers during a stay of several months; and although some specimens of
+plants were lost in the _Porpoise_, not one out of 3,900 species was
+wanting.[12]
+
+In June, 1803, Flinders passed the north coast of Van Diemen's Land:
+eighteen men were lying in their hammocks almost hopeless of recovery,
+some of whom died before the vessel entered Port Jackson, and several
+afterwards. A survey was instantly held, and the _Investigator_ was
+condemned: the hull was found rotten, both plank and timbers, and it
+was declared that reparation was impossible. On inspecting her
+condition, Flinders expressed great astonishment, and remarked that a
+hard gale must have sent her to the bottom.[13]
+
+The volumes of Captain Flinders, though of vast scientific worth, are
+not greatly interesting to the general reader, except when he tells of
+his trials, which were many. His work was patronised by the admiralty,
+and he had the prospect of reward; but on the day of publication, fame
+ceased to be valuable to him,[14]--he cast that anchor which is never
+weighed.
+
+A long imprisonment in the Isle of France, and the mental anxiety
+inseparable from a strong sense of injustice, it is said, destroyed him.
+His case may be told in few words: the _Investigator_ was condemned as
+unfit for service, and Flinders embarked at Port Jackson on board the
+_Porpoise_, in company with the _Cato_ and the _Bridgewater_. When
+passing through Torres Straits, at between eight and nine knots, they
+saw breakers a-head. Before signals could be made, the other vessels
+were seen hastening to the same destruction. They hauled to the wind
+across each other; a collision seemed inevitable: a death-like silence
+prevailed during the awful crisis; but happily they passed off side by
+side. Instantly, however, the _Cato_ struck on the reef, and was totally
+lost. All hands were preserved, except three boys; of these, one spent
+the night on a spar, bewailing his unhappy lot: four times he had
+embarked in different vessels, and each time had been wrecked; this was
+the last, for before morning he disappeared. The _Bridgewater_ was yet
+safe: she was seen at dawn; but while awaiting her help, the captain,
+with a selfishness happily not common--without even sending a boat to
+pick up a cast-away--proceeded on his voyage.[15] He reached India in
+safety; sailed for Europe, and was never heard of more: the people he
+had abandoned were all rescued.
+
+This was effected by Flinders. A cutter was built and provisioned from
+the stores saved on the reef: in this, which he called the _Hope_, he
+set out for Port Jackson, 750 miles distant. There he obtained the
+assistance of two vessels, beside the _Cumberland_, a colonial schooner
+of 29 tons. The inhabitants, unsolicited, sent many presents to the
+sufferers, who soon hailed the arrival of Flinders with rapturous
+cheers.
+
+Having performed this duty, he proceeded towards England in the
+_Cumberland_, with seven men and three officers; but finding that she
+was unable to bear the voyage, he resolved to confide in the honor of
+the French, and present his passport at the Mauritius. There he was
+detained a prisoner six years; first charged with imposture, then
+treated as a spy; and when these imputations were refuted, he was
+accused of violating his passport. The French had found in his journal a
+wish dotted down to examine the state of that settlement, written when a
+stranger to the renewal of war. Some doubt seems to have been really
+entertained, for the moment, respecting him; but his long detention
+after his release was promised, was ascribed to the ambition of
+Napoleon, and the dishonesty of the French Institute, who from Flinders'
+papers were appropriating to Baudin the honor of discoveries he never
+himself claimed.
+
+Before the _Investigator_ left England, the _Geographe_ and
+_Naturaliste_, under Captains Baudin and Hamelin, visited this island.
+During a pause in the hostilities of Europe, the French government
+obtained from Mr. Addington, then premier, a safe conduct for this
+expedition. The terms granted entitled them to freedom from search; to
+supplies in any English colony, notwithstanding the contingency of war:
+it being well said by the French, that the promoters of scientific
+knowledge were the common benefactors of mankind. While Flinders was
+prosecuting his voyage he met Baudin on the coast of New Holland, at a
+place thence called Encounter Bay. The interview was civil, rather than
+cordial; both nations were competitors in science, and rivals are rarely
+kind. Yet the suffering of the French may be mentioned with pity: of
+twenty-three scientific men who accompanied the expedition, three only
+survived. The vessels were ill-provisioned, the water corrupt, and they
+encountered fearful tempests, in attempting to circumnavigate this
+island.
+
+Captain Baudin had been directed by his government to examine the
+eastern coast of Van Diemen's Land, the discoveries of D'Entrecasteaux,
+and the channels and rivers of the coast. The surgeon of the
+_Geographe_, Monge, fell by an attack of the natives, and was buried on
+the spot which bears his name.[16] The French surveyed the eastern
+coast, and finally determined the position of the Frederick Henry Bay of
+Tasman. They examined the intricacies which had escaped the observation
+of earlier navigators, who erroneously numbered the islands on their
+charts, and thus overlooked the bays. They coasted between the main and
+the Schoutens, and gave the name of Fleurieu to the Oyster Bay of Cox.
+They then passed through a strait heretofore unnoticed, which divides
+the Schoutens and Freycinet's Peninsula. Their survey was minute, and
+sometimes three boats were employed in different directions. The French
+vessels parted company, and the _Naturaliste_, after a long search for
+her consort, proceeded to New South Wales.
+
+Baudin, of the _Geographe_, was far more unfortunate. Having touched at
+his land of Napoleon, instead of returning through Bass's Strait to Port
+Jackson, he resolved to pass the south cape of Van Diemen's Land.
+Throughout the passage he experienced the most fearful storms: the
+darkness at night often prevented the execution of naval manoeuvres, and
+the vessel was drenched with water. The condition of the crew was
+terrible; "cries of agony made the air ring:" four only, including the
+officers of the watch, were able to keep the decks. After beating about
+Port Jackson for several days, a boat appeared which had been dispatched
+by the governor, who saw the French were unable to manage the vessel. By
+a change of diet, they speedily recovered.
+
+When at Port Jackson, Flinders showed his discoveries to the French, who
+admitted the justice of his prior claim, but with little sincerity.
+
+M. Baudin died: Captain Hamilin, of the _Naturaliste_, returned to the
+Mauritius. He eulogised the conduct of the colonists to
+extravagance;[17] but it is mortifying to find, that soon after, having
+captured a small English settlement, he burned the property he could not
+carry off; and invited upon deck the ladies, his prisoners, to witness
+the devastations of their late peaceful dwellings.
+
+The misfortunes of the distinguished navigators, whose success has been
+recorded, fully equalled their fame. The fate of Cook belongs to a story
+which mingles with our early remembrance. A child need scarcely be told,
+that after a career eminently glorious to his country and profession,
+while attempting to restrain his men who were firing to protect him, he
+fell by the dagger of a savage.
+
+His colleague, Captain Clerke, who attended him through all his
+expeditions, did not long survive him. Resolved to complete his
+instructions, he remained in the neighbourhood of Kamschatka, which
+hastened the crisis of a consumption. He was buried beneath a tree at
+the harbour of St. Peter and St. Paul, and an inscription pointed to his
+grave.[18] This was found by M. Perouse defaced, who restored it. On his
+arrival at Botany Bay, he interred the naturalist of his expedition: the
+memorial he set up was destroyed by the natives, and Governor Phillip
+repaid, by the substitution of another, the honor done to his own
+countryman.[19]
+
+De L'Angle, the companion of Perouse, with eleven officers and men, lost
+their lives by a misunderstanding at the Navigators' Isles: the manner
+of his own death may be inferred from the native tradition.[20]
+
+The end of D'Entrecasteaux and Huon, was hardly less melancholy: both
+commanders were buried by their crews; the admiral at Louisiade, and
+Huon at New Caledonia. The vessels were detained by the Dutch at Java,
+and many of the seamen died in captivity. There the calamities of their
+country became known to them: some sided with the royalists, others with
+the jacobins, but few regained their native land; among these, however,
+was Labillardiere.[21]
+
+The fate of Captain Flinders is already told; that of Dr. Bass is
+involved in obscurity. A rumour that he was alive in 1812, in South
+America, was circulated in London.[22] In the colonies it was reported,
+that the vessel in his charge foundered at sea; others alleged that he
+attempted a contraband trade in the Spanish colonies, was taken
+prisoner, and with his companions sent to the quicksilver mines, and
+there died.[23]
+
+The whale-boat of Bass, which first swept the waters of the strait, was
+long preserved at Port Jackson. Of its keel snuff boxes were wrought,
+and regarded as valuable relics. A fragment, mounted with silver,
+engraven with the particulars of the passage, was presented to M.
+Baudin, as a memorial of the man whose example had stimulated colonial
+discovery.
+
+Flinders[24] predicted that the name of Bass would be conspicuous among
+the benefactors of mankind: the glory of his own will enlarge with the
+value of his discoveries. They resulted not from accident, which may
+give reputation to success without merit, but were the reward of prudent
+enthusiasm. A small community cannot, indeed, rear a monument worthy the
+destinies of their names: private memorials may be perishable, like the
+sympathies which inscribed them, but a future and opulent era will
+display the moral grandeur of their enterprise, and posterity will pay
+public honors to their fame.
+
+At the cost of L250, Sir John Franklin erected an obelisk on the rock of
+Stamford Hill, Port Lincoln, with the following inscription:--
+
+This place,
+from which the gulf and its shores
+were first surveyed,
+on the 26th of Feb., 1802, by
+MATTHEW FLINDERS, R. N..
+commander of H.M.S. _Investigator_,
+and the discoverer of the country now called South Australia,
+was
+on 12th Jan., 1841,
+with the sanction of Lieut.-Colonel GAWLER, K.H.,
+then Governor of the Colony, then set apart for,
+and in the first year of the
+Government of Captain G. GREY,
+adorned with this monument,
+to the perpetual memory of the illustrious navigator,
+his honoured commander,
+by JOHN FRANKLIN, Captain R.N., K.C.H., K.R., Lt.-Governor of
+Van Diemen's Land.
+
+FOOTNOTES:
+
+[Footnote 1: The following is its title:--_Journal of Discovery, by me,
+Abel Jans Tasman, of a Voyage from Batavia for making discoveries of the
+unknown South Land_, 1642.--_Burney's Chronological History_, 1813.]
+
+[Footnote 2: Discovered in the year 1505, by Don Pedro Mascarequas, a
+Spanish navigator: he gave it the name of "Cerne." It was uninhabited,
+and destitute of every species of quadruped. In 1598 it was visited by
+the Dutch Admiral Van Neck, who finding it unoccupied gave it its
+present name, in honor of Maurice, Prince of Holland. In 1601 a
+Frenchman was found on the island by a Dutch captain. He had been left
+by an English vessel, and had remained two years subsisting on turtle
+and dates: his understanding was impaired by his long solitude. The
+Dutch had a small fort, when it was visited by Tasman, which is
+represented in the drawings that illustrated his journal. The Dutch
+afterwards abandoned the island, and it has passed through many changes,
+until it was conquered by Great Britain.--_Grant's History of the
+Mauritius._]
+
+[Footnote 3: Probably their fires: had they seen them, they could not
+have fallen into error respecting their height.]
+
+[Footnote 4: "The same romantic little rock, with its fringe of grey
+ironstone shingle, still shelters itself under the castellated cliffs of
+trap rock, on its northern and southern horns; embosomed in its
+innermost recesses by a noble forest, whose green shades encroach upon
+the verge of the ocean. It is less than half-a-mile across, and nearer
+its northern than its southern extremity, the sea has cast up a key of
+large grey rounded ironstone, which interrupts the equal curve of the
+beach, and doubtless marks the spot where the ship's carpenter swam
+ashore."--_Gell's Remarks on the First Discovery: Tasmanian Journal_,
+vol. ii. p. 327.]
+
+[Footnote 5: _Cook's Voyages._]
+
+[Footnote 6: A folio edition of _Cook's Voyages_, published in the last
+century, at the "King's Arms," Paternoster-row, London, contains the
+following sentence, which, as perhaps the first example of invention in
+reference to the country, may deserve remembrance:--"Stately groves,
+rivers, and lawns, of vast extent." "Thickets full of birds of the most
+beautiful plumage, of _various notes, whose melody was truly
+enchanting_. It was _now_ the time (29th January!) when nature poured
+forth her luxuriant exuberance, to clothe this country with rich
+variety."--Vol. ii. p. 425.]
+
+[Footnote 7: _Voyage of Perouse_ (translation). London, 1799.
+
+Letters buried in a bottle, beneath a tree in Adventure Bay, were found
+by Captain Bunker, of the _Venus_, in 1809, to which he was directed by
+the words, still legible, "dig underneath;" and supposed, from his
+imperfect knowledge of the language, that they were left by Perouse. In
+this he was mistaken: they were deposited by D'Entrecasteaux, at his
+second visit. _Bent's Almanack_, 1828, adopted Bunker's mistake: it was
+copied by Mr. Widowson, who adds--"these letters were dated one month
+after his departure from Port Jackson, and led to the opinion that the
+expedition must have perished on some reef of Van Diemen's Land. In
+consequence of this idea, the French government in 1791," &c. The first
+mistake can be allowed for; but not that a discovery of letters in 1809,
+prompted an expedition in 1791.]
+
+[Footnote 8: _Hobart Town Gazette_, 1827.]
+
+[Footnote 9: _Flinders' Introduction, &c._]
+
+[Footnote 10:
+
+Position of Low Head:--Lat. 41 deg.  3' 30" S.
+                     Long. 146 deg. 48' 15" E.--_Flinders._]
+
+[Footnote 11: _Collins_, vol. ii. p. 183.]
+
+[Footnote 12: _Remarks by Robert Brown, F.R.S. Appendix to Flinders_,
+vol. ii. p. 533.]
+
+[Footnote 13: _Flinders_, vol. ii. p. 275. Jorgenson, the Dane, who was
+a seaman on board the _Lady Nelson_, tender to the _Investigator_,
+stated, in his rattling way, that she was in good condition, and
+absurdly insinuated foul play. The _Investigator_ was cut down, and
+returned to Europe in charge of Captain Kent, R.N.]
+
+[Footnote 14: _Quarterly Review_, 1814.]
+
+[Footnote 15: See _Flinders_, vol. i. p. 305.]
+
+[Footnote 16: This statement, after Rev. Mr. Gell, is erroneous. Mouge
+died from diseases occasioned by the climate of Timor, and the hardships
+of the voyage (See Peron's work). He arrived in an exhausted and
+consumptive state: when he attempted to land (20th January, 1802), he
+fainted, and was instantly conveyed on board. He went no more on shore,
+but to the grave. He was buried at the foot of a tree, at Maria Island,
+and the name Point Mouge was given to the spot.
+
+On the 17th January, the French were attacked by natives at Swan Port,
+and Mouge was probably of the party. A native attempted to snatch the
+drawings; "then to strike down our weak friend, when he was prevented by
+those who ran to his assistance." The French say, they loaded them with
+favors, and did not avenge this violence. It is, no doubt, this account
+which Mr. Gell confused with the death of Mouge.]
+
+[Footnote 17: "The famous northern confederacy placed England on the
+verge of destruction, and Captain Hamilin had reason to fear that he
+should not have been allowed to remain in port, or at least should be
+refused succour; but the English received him with liberality, _grande
+et loyale_: the first houses at Port Jackson were open, and the whole
+resources of the colony were at the disposal of the French captain."
+"Oftentime did they repeat that excellent maxim, that France first
+inscribed on the code of nations: _causa scientiarum causa
+populorum_"--the cause of science is the people's cause. So writes M.
+Peron; but the benefit of these sentiments was denied Captain Flinders.]
+
+[Footnote 18: _Cook's Voyages._]
+
+[Footnote 19: _Tench's Narrative_, p. 99.]
+
+[Footnote 20: "The _Astrolabe_, M. de la Perouse, and the _Boussole_, M.
+de L'Angle, were lost on the S. W. side of Manicolo. On one stormy
+dismal night, the oldest natives state, the vessels were blown upon a
+reef. One was a complete wreck by day-light, and all hands perished!
+From the other, however, some of the crew managed to effect a landing,
+when many of them were massacred as they gained the shore, the natives
+taking them for white spirits, with long noses (their cocked hats being
+considered a part of the face!). As soon as the unfortunate mariners
+were proved to be human beings, those that had escaped death from the
+waves and the savages were allowed to remain unmolested. A small vessel
+was built from the wrecks, which spot Captain Dillon saw; and as soon as
+the bark was ready, the survivors, with the exception of two, left
+Manicolo, and have never been heard of since! The natives further
+represented, whilst on the island, that the strangers were continually
+looking at the sun, and taking their usual observations. So late as six
+years ago, the two Frenchmen were alive; but one joined a party of the
+natives in a war, who were defeated: the other died at Manicolo about
+three years since. Captain Dillon has secured several nautical
+instruments, many silver spoons, a silver salver, which are all marked
+with the _fleur-de-lis_; a pair of gold buckles, some China ware, a
+Spanish dollar, a piece of the ornamental work of the stern of a ship
+(with the arms of France) much decayed; several brass sheaves belonging
+to a frigate's topmast, a composition pump, copper cooking utensils, a
+large quantity of iron knees; the silver handle of a sword-guard that
+was taken to Calcutta in the _St. Patrick_, which led to this important
+discovery, and which bears the ciphers of the unfortunate Count; several
+large brass guns, which were found where one vessel was totally wrecked;
+together with about four or five tons of other valuable and recognisable
+articles. Most of the houses, or huts, were found to have bags suspended
+to their sides, and those contained human sculls in a decaying
+condition; but whether they were of European or aboriginal extraction,
+in the absence of an able phrenologist, could not be ascertained."--_Sydney
+Gazette, January, 1828._
+
+The following curious relation, is of a dream of John Maatzuiker, whose
+name is given by Tasman to a rock on the coast. On the 11th of Feb.,
+1662, he dreamed, "that he saw Arnold de Vlaming, member of the council
+of India and admiral of the fleet, who sailed for his native country on
+the 23rd of December, 1661, in extreme danger, and heard him call
+several times for help." The dream was repeated: "he then remained
+awake, noted the day," &c., "sealed it, and gave it to the other members
+of government." "Accounts were brought from the Cape, that the same day
+his ship and some others had sunk with man and mouse." "The paper still
+remains at Batavia, or did twenty years ago."--_Collection of remarkable
+Dreams, by Dr. Wm. Greve._ Amsterdam, 1819. The story is taken from _Old
+and New West Indies. By Francois Valentijn_. vol. iv. p. 312.]
+
+[Footnote 21: Rossel, the editor of _D'Entrecasteaux's Voyage_, on
+returning homeward was captured by the English, and being a royalist was
+employed in the admiralty; but when emigrants were permitted to return,
+he went home, and was patronised by Napoleon. His account of
+D'Entrecasteaux is more favorable than that in the work of
+Labillardiere.]
+
+[Footnote 22: _Penny Cyclopaedia_: art. Bass.]
+
+[Footnote 23: _Ross's Almanack_, 1835.]
+
+
+
+
+SECTION II.
+
+
+The settlement of New Holland was proposed by Colonel Purry, in 1723: he
+contended that in 33 deg. south, a fertile region would be found, favorable
+to European colonisation. He offered his theory to the British
+government, then to the Dutch, and afterwards to the French; but with
+little encouragement. His views were submitted to the Academy of
+Sciences at Paris, who replied that "they could not judge of countries
+they had not seen."[25] Thus the project slept, until the great English
+navigator in 1770 gave certainty to what had been conjecture.
+
+To Dalrymple, the hydrographer, the impulse of this enterprising era is
+largely due. He fully believed that a vast southern continent must
+exist, to balance the antipodes. So firm was his conviction, that he
+defined its extent as "greater than the whole civilised part of Asia,
+from Turkey to the extremity of China. Its trade would be sufficient to
+maintain the power of Great Britain, employing all its manufactories and
+ships." The position of this region of fancy was traversed by Cook, who
+found nothing but ocean. The doctrine of terrestial counterpoise was
+disturbed; he, however, alighted on a great reality.
+
+The description of New South Wales by Cook and his companions, which
+charmed the public, attracted the attention of the crown; and Botany
+Bay, named on account of the variety and beauty of its vegetation--long
+known through Europe as a region of gibbets, triangles, and chains; to
+be celebrated hereafter as the mistress of nations--was selected for a
+settlement. 565 men and 192 women, the pioneers of a larger division,
+were embarked under the charge of a military force composed of
+volunteers; comprehending, besides the staff, sixteen commissioned
+officers.
+
+The fleet consisted of H.M.S. _Sirius_, _Hyena_, and _Supply_; six
+transports and three victuallers: they assembled at the Motherbank on
+the 16th March, and sailed on the 13th May, 1787.[26] They touched at
+Teneriffe, and then at the Cape. Separated into two divisions, they
+reached their destination within forty-eight hours of each other. On the
+day of their junction, dense clouds threw a gloom over the sea; but they
+rejected the omen, and believed that they had seen "the foundation, and
+not the fall of an empire." Having found the bay unsuitable for
+location, they proceeded to examine the port called after Jackson, a
+seaman, who observed it from the mast, and immortalised his name. As
+they passed the capes, which form an entrance, they were in raptures
+with the scene:--the tall mouldering cliffs; the trees, which touched
+the water's edge; and the magnificent harbour, four miles in length,
+begirt with a luxuriant shore.
+
+It was on the 7th February, 1788, that the Governor was inaugurated: an
+area being cleared for the purpose, the military marched to the ground
+with music, and colors flying; 750 convicts, 212 marines and their
+officers, were assembled. The standard of England was unfurled, the
+commission of Phillip, the first governor, published, and the courts of
+justice proclaimed. The usual formalities being complete, Phillip turned
+to the prisoners, and declared his intentions. He had resolved to
+cherish and render happy such as might deserve his favour; but to allow
+the law its course with the impenitent and unreformed. In such language
+we discern the sentiments which prevailed: banishment, not punishment
+for past crimes, was implied in the cheering alternative. From that
+moment he possessed authority to manumit not less absolute than the
+sovereign, but immeasurably more power to avenge.
+
+Those who first entered New Holland, and witnessed the elevation of the
+royal standard on the shores of Port Jackson, described in terms of
+despondency its barren soil, barely compensated by its salubrious
+atmosphere. Contemporary political writers looked coldly on the infant
+establishment, as the diseased and hopeless progeny of crime: one, which
+could never recompense the outlay of the crown, either by its vigour or
+its gratitude. The projects entertained, in connection with commerce,
+were the growth of flax and the supply of naval timber, both of which
+had been reported by Cook as indigenous to Norfolk Island. "When viewed
+in a commercial light," Captain Tench observes (writing in 1789), "the
+insignificance of the settlement is very striking." "Admitting the
+possibility," he continues, "that the country will hereafter yield a
+sufficiency of grain, the parent state must long supply the necessaries
+of life. The idea of breeding cattle sufficient to meet the consumption,
+must be considered very chimerical." Such desponding sentiments mostly
+attend the first stages of colonisation; but in a much later period, the
+enterprise was regarded with scarcely less suspicion: "Why," said a
+celebrated critic, "we are to erect penitentiaries and prisons, at the
+distance of half the diameter of the globe, and to incur the enormous
+expense of feeding and transporting its inhabitants, it is extremely
+difficult to discover. It is foolishly believed, that the colony of
+Botany Bay unites our moral and commercial interests, and that we shall
+receive, hereafter, an ample equivalent in the bales of goods, for all
+the vices we export."[27] With what obstinacy an idea once mooted is
+cherished, may be inferred from an opinion afterwards expressed by an
+authority of still greater pretension:--"The most sanguine supporter of
+New South Wales system of colonisation, will hardly promise himself any
+advantage from the produce it may be able to supply."[28] Its corn and
+wool, its timber and hemp, he excludes from the chances of European
+commerce, and declares that the whale fishery, after repeated failures,
+had been relinquished!
+
+It is not less instructive than pleasing, to notice the past epochs of
+opinion: we find consolation against the dark clouds overshadowing the
+future, by discovering how many forebodings of ancient seers have
+vanished before the light of the event.
+
+These discouraging views were not, however, universal. Many
+distinguished men imagined an advancement, which our age has been
+sufficient to realise. To commemorate the foundation of the colony the
+celebrated artist, Wedgewood, modelled, from clay brought from the
+neighbourhood of Sydney, an allegorical medallion, which represented
+Hope encouraging Art and Labor, under the influence of Peace.[29]
+
+The French, however, always represented this colony as a masterpiece of
+policy; an element of Anglican power, pregnant with events. Peron, when
+dwelling on the moral prodigies of the settlement, declared that these
+but disguised the real objects of its founders, which, however, could
+not escape the discernment of statesmen: they saw the formidable germ of
+great revolutions.[30]
+
+The expedition of Baudin was connected by English politicians[31] with a
+project of French colonisation. His instructions directed him to inspect
+narrowly the places eligible for occupation, and it was expected that an
+Australian Pondichery would become a new focus of rivalry and intrigue.
+The special injunctions to survey the inlets of Van Diemen's Land,
+seemed to indicate the probable site of an establishment so obnoxious.
+
+Dr. Bass had, however, already examined this country with similar views,
+especially the margin of the rivers. To him no spot on the eastern side
+of the Derwent appeared to equal the neighbourhood of Risdon Creek,
+around which he observed an expanding area of fertile land. He
+delineated not less favorably the valley of the Tamar. This country he
+considered preferable to New South Wales: with a greater proportion of
+fertile soil, more amply supplied with water, and well adapted for
+colonisation.[32]
+
+FOOTNOTES:
+
+[Footnote 24: _Introduction._ p. 120.]
+
+[Footnote 25: _Literary Chronicle_, 1822.]
+
+[Footnote 26: The incidents of the voyage are related by Captain Tench.]
+
+[Footnote 27: _Edinburgh Review_, 1803.]
+
+[Footnote 28: _Quarterly Review_, 1814.]
+
+[Footnote 29: On this medal an author, quoted in _Phillip's Voyages_,
+ventured a poetical prophecy, which has at least the merit of
+truthfulness:--
+
+VISIT OF HOPE TO SYDNEY COVE.
+
+_Written by the author of the Botanic Garden_, 1791.
+
+Where Sydney Cove her lucid bosom swells,
+Courts her young navies, and the storm repels;
+High on a rock, amid the troubled air,
+HOPE stood sublime, and wav'd her golden hair.
+"Hear me," she cried, "ye rising realms record
+Time's opening scenes, and Truth's unerring word:
+There shall broad streets their stately walls extend,
+The circus widen, and the crescent bend;
+There, ray'd from cities o'er the cultur'd land,
+Shall bright canals and solid roads expand.
+Embellish'd villas crown the landscape scene,
+Farms wave with gold, and orchards blush between;
+While with each breeze approaching vessels glide,
+And northern treasures dance on every tide!"
+Then ceas'd the nymph: tumultuous echoes roar,
+And Joy's loud voice was heard from shore to shore.
+Her graceful stops descending press'd the plain,
+And Peace, and Art, and Labor, joined the train.
+
+_--Governor Phillip's Voyage to Botany Bay._]
+
+[Footnote 30: Vol. i. p. 12.]
+
+[Footnote 31: _Quarterly Review._]
+
+[Footnote 32: _Collins's New South Wales_, vol. i. p. 180.]
+
+
+
+
+HISTORY OF TASMANIA.
+
+FROM 1803 TO 1824.
+
+
+
+
+FROM 1803 TO 1824.
+
+
+SECTION I.
+
+
+The establishment of a settlement in Van Diemen's Land, perhaps thus
+hastened by the jealousy of a rival power, was at first chiefly intended
+to relieve Port Jackson. Fifteen years had elapsed since its foundation,
+and from six to seven thousand prisoners had been transported thither:
+dispersion became necessary to security--to repress alike the vices of
+the convicts, and the growing malversation of their taskmasters. The
+want of prisons, or places of punishment, and the indolence and
+intemperance of emancipist settlers, endangered authority.
+
+In 1800, the transportation of the _defenders_ from Ireland, appears to
+have created continual anxiety: a committee of officers was formed to
+examine persons suspected, when Harold, a priest, was arrested, and
+accused his fellow prisoners. His testimony was insidious, and
+discredited; but the alarm led to the formation of a volunteer company
+of a hundred persons, who armed for the suppression of rebellion. The
+more distrusted of the Irish prisoners were conveyed to Norfolk Island;
+there, some months after, a conspiracy was detected to massacre the
+officers, and seize the island. On the night fixed for action, the plot
+was discovered. An Irish servant, muttering words of compassion, was
+overheard by his master: he was induced to explain, and was immediately
+taken to Major Foveaux, the officer in command. The danger was imminent:
+the warmth of the season (December) had tempted the soldiers to slumber
+with open doors, and it was said that the sentinels were implicated who
+that night kept watch. These being changed, and other precautions
+adopted, the plotters postponed their design; and next day were marched
+to church without suspicion. The door was beset with soldiers: the
+leaders were arrested; one executed--and on the following day, the
+blacksmith, charged with fabricating arms, was also hung. The necessity
+for dispensing with the forms of law was not made out, and these summary
+punishments were censured. That the danger was not imaginary, may,
+however, be inferred from the after attempts at Port Jackson.
+
+The military force of New South Wales, drawn together by a love of
+adventure, or the hope of gain, when their own status was assailed, were
+often exacting and severe: but they slightly sustained the moral
+strength of the government. To select mistresses from the female
+prisoners was one of their earliest and most valued prerogatives, who,
+standing in this equivocal relation, became their agents and sold their
+rum.
+
+The Governor, after struggling to abate the abuses around him, yielded
+to a pressure which seemed irresistible. He endeavoured to mollify by
+his liberality, those he could not govern by restraint: he multiplied
+licenses for the sale of rum, and emancipists aspired to commercial
+rivalry with the suttlers in commission. The chief constable was himself
+a publican, and the chief gaoler shared in the lucrative calling, and
+sold spirits opposite the prison.
+
+The moral laxity which prevailed, produced its natural
+consequences--violations of discipline, which led to great crimes. The
+offenders, to escape immediate punishments, retreated to the remote
+districts; occasionally sheltered by the emancipist cotters. The feeble
+resistance offered to their depredations, inspired, and almost justified
+the prisoners in the hope, that the common bondage might be broken. A
+large agricultural establishment, belonging to the government, at
+Castle-hill, Parramatta, employed many Irishmen implicated in the recent
+disorders of their country. These prompted the rest to attempt to
+recover their liberty, but they were subdued by the military under Major
+Johnstone: some were shot, and several executed.
+
+In this unsatisfactory condition was the colony of Port Jackson, when
+Van Diemen's Land was occupied. Its remote distance, its comparatively
+small extent and insular form, fitted it for the purposes of penal
+restraint--a place where the most turbulent and rapacious could find no
+scope for their passions. Its ports closed against commerce, afforded
+few means of escape. In New Holland, labor and produce were redundant:
+overwhelming harvests reduced the price of grain so low, that it was
+rejected by the merchants; goods could not be obtained in exchange;[33]
+and the convicts at the disposal of government were a burden on its
+hands--almost in a condition to defy its authority. Thus, Van Diemen's
+Land was colonised; first, as a place of exile for the more felonious of
+felons--the Botany Bay of Botany Bay--
+
+"And in the lowest deep, a lower deep!"
+
+Lieutenant Bowen, in the _Lady Nelson_, set sail from Sydney, and in
+August, 1803, landed at Risdon, on the east bank of the Derwent: his
+party included a few soldiers and prisoners, and Dr. Mountgarrat, the
+surgeon. A far more important immigration soon followed.
+
+Port Phillip, on the east coast of New Holland, first discovered by
+Captain Murray in the _Lady Nelson_, 1799, was surveyed by Flinders in
+1802, and in 1803 by Grimes, the surveyor-general. They reported the
+country to be lightly timbered, to abound in herbage, and gentle slopes
+suitable to the plough. The port offered an asylum against both war and
+tempests, sufficient for the fleets of all nations.[34]
+
+The establishment of a settlement at Port Phillip being determined on by
+the ministry of Great Britain, an expedition was forwarded, which
+consisted of the _Calcutta_, 50 guns, Captain Woodriff, and the _Ocean_,
+a transport of 500 tons. In addition to the convicts, there were forty
+marines, four hundred male prisoners, twelve free settlers and their
+families, six unmarried women, six the wives of prisoners, and six
+children. It is scarcely necessary to remark, that the morals of the
+officers, or of the women, were not superior either to the service or to
+the times. The events of the voyage, worthy of remembrance, were not
+numerous; it was disturbed by rumours of plots and conspiracies;
+punishments were not infrequent, and one woman was flogged for stealing
+the cap of a companion.
+
+The _Calcutta_ did not convey the settlers to the Derwent. On her return
+to Great Britain, Lieutenant Tuckey published an account of the voyage to
+Port Phillip, which he surveyed. In the year following (1805), the
+_Calcutta_ was convoy to St. Helena, and encountered the Rochefort
+squadron. Captain Woodriff determined to engage the whole division: the
+merchantmen escaped; but the _Calcutta_, in the unequal contest, became
+unmanageable, and struck her colors. Captain Woodriff was soon
+exchanged, but Lieutenant Tuckey remained in captivity until the allied
+armies entered France.
+
+Promoted to the rank of commander, he received charge of the expedition
+in 1816, sent to explore the Zaire; but with most of his people fell a
+martyr to the spirit of African discovery. He is said to have been
+handsome in person, and generous in hand. "He knew nothing of the value
+of money, except as it enabled him to gratify the feelings of a
+benevolent heart."[35]
+
+The spot selected at Port Phillip, was ill-chosen as the site of a town,
+and they found great difficulty in obtaining pure water. These
+circumstances, represented by Collins to the Governor-in-chief, were
+thought sufficient to justify a removal to Van Diemen's Land, and long
+postponed the occupation of a country, inferior to few in this
+hemisphere; a measure lamented by several of the settlers. A lady,
+writing to her friends from the banks of the Derwent, censured, in terms
+of great contempt, the relinquishment of Port Phillip, which she
+described in glowing language: she seemed alone capable of estimating
+its future importance; but she pronounced Van Diemen's Land a dreary and
+desert region, destined never to prosper--thus she forfeited the credit
+of prophecy.[36]
+
+Several prisoners attempted to escape; in one instance, with a singular
+result. Buckley, a man of gigantic stature, and two others, set off, it
+was said, for China! They rambled for some distance together, and
+suffered great misery: at last, they parted. Of his companions, Buckley
+saw no more, and when he returned to the settlement all was deserted.
+After months of solitary wandering, he found a tribe of natives, by whom
+he was adopted: he remained among them for three-and-thirty years,
+conforming to their barbarous customs, and forgetting his own language.
+Once only he saw the faces of white men; a boat's crew landed to bury a
+seaman: he endeavoured to arrest their attention; they looked at him
+earnestly, but took him for a savage--he was dressed in a rug of
+kangaroo skin, and was armed with spears. This man still survives: he
+contributed to the friendly reception of his countrymen; but during his
+long sojourn, he had imparted no ideas of civilisation.
+
+The _Lady Nelson_ and the _Ocean_ conveyed the party from Port Phillip
+to the Derwent. The situation of the camp at Risdon had been found
+undesirable, they therefore landed at Sullivan's Cove. They arrived in
+two divisions, on the 30th January and 16th February, 1804. The names of
+the principal persons are as follows:--Lieutenant-Governor Collins; Rev.
+R. Knopwood, chaplain; E. Bromley, surgeon superintendent; W. Anson,
+colonial surgeon; M. Boden, W. Hopley, assistant surgeons; P. H.
+Humphrey, mineralogist; Lieutenant Fosbrook, deputy-commissary-general;
+G. P. Harris, deputy-surveyor; John Clarke and William Patterson,
+superintendents of convicts; Lieutenants W. Sladen, J. M. Johnson, and
+Edward Lord; 39 marines, 3 sergeants, 1 drummer, 1 fifer; and 367 male
+prisoners.
+
+Meantime, the _Lady Nelson_ was dispatched to Port Dalrymple, and
+surveyed the entrance of the Tamar: the report being favorable, a small
+party of prisoners were sent from Port Jackson, under Colonel Paterson,
+to form a settlement, who landed in October, 1804, and for some time
+held little intercourse with the settlement on the Derwent. Such were
+the pioneers of this important colony; and to so many casual but
+concurring incidents, we owe its existence.
+
+The first annals of the settlement offer few events worthy of record.
+The transactions of a community, which in 1810 did not comprehend more
+than thirteen hundred and twenty-one persons,[37]--the greater part
+subject to penal control--could not, unassociated with the present,
+detain attention for a moment. The discipline which prevailed in Van
+Diemen's Land, and the results which it produced, will be hereafter
+related to illustrate transportation; for who would load the colonial
+fame with details, from which the eyes of mankind turn with natural
+disgust, or blend them with the fabric of Tasmanian history?
+
+The first Governor-in-chief of Van Diemen's Land, the third of New South
+Wales, was Philip Gidley King, son of Philip King, a draper, of
+Launceston, Cornwall, England. At twelve years of age he entered the
+royal navy: by Admiral Byron he was made lieutenant, and holding that
+rank in the _Sirius_, he attended the expedition of Phillip in
+1788.[38] He was employed to establish the settlement of Norfolk
+Island, where his proceedings, recorded in his official journal, and
+afterwards published in various forms, afforded great amusement and
+satisfaction. There he united in his person, for some time, the priest
+and the ruler: he experienced during his residence, most of the
+anxieties and difficulties incident to such stations, and detailed them
+with curious minuteness. As a cultivator he was energetic and
+persevering; but the rats devoured his seed, or torrents washed it away:
+or a tropical hurricane, which tore up huge trees, overthrew the frail
+buildings he reared. His people conspired to seize his government; he
+detected, and forgave them: yet he was not scrupulous in his methods of
+punishment. A woman he repeatedly flogged, for stealing the provisions
+of her neighbours. He, however, saw the little settlement gradually
+improve: it became the favorite residence of the officers; and, as the
+climate was better understood, the fertility of the soil yielded a
+surpassing abundance.
+
+King was not inattentive to his own interest, and became the owner of
+considerable stock. Anecdotes of his humour circulate through the
+colonies: being asked by a settler to find him a man to perform certain
+work, he took him into his room and pointed him to a mirror. Again, when
+a marine was the suitor for some favour, in rejecting his petition he
+put him through his exercises, which ended in _quick march_. He had the
+frankness of the sailor, and neither aspired to state nor exacted
+homage.
+
+David Collins, Esq., long judge advocate of New South Wales, was the
+first Lieutenant-Governor of Van Diemen's Land. He was present with his
+father, General Collins, at the battle at Bunker's Hill, and thus
+witnessed an event accepted by exulting Europe as a signal that British
+sway over that region was lost. It was the lot of Collins to proclaim
+the dominion of Great Britain at the inauguration of Phillip, and thus
+announced the first day of a second and not less valuable empire.
+
+Such incidents teach us that a single life may embrace events beyond the
+scope of imagination. We are reminded of the most brilliant passage in
+the oratory of Burke, delivered while the authority of the crown was
+trembling in the balance of fate. When illustrating how far the
+realities of the future might exceed the visions of the present moment,
+he stated that a venerable nobleman, Lord Bathurst, could remember when
+American interests were a little speck, but which during his life had
+grown to greater consequence than all the commercial achievements of
+Great Britain in seventeen hundred years. "Fortunate man," he exclaimed,
+"he has lived to see it: fortunate, indeed, if he lives to see nothing
+which will vary the prospect, and cloud the setting of his day."[39]
+
+Collins was favorably known to the public by his _Account of the English
+Colony in New South Wales_: his work was distinguished by the reviewers,
+amidst a crowd of publications, as superior to them all.[40] The
+stateliness of his style, and the pomp with which he ushers trivial
+events, were less apparent when the topics were new. In the last page
+he, however, complains that he had spent nine years in the colonial
+service, which intercepted the honors of his profession; a case of
+hardship, he remarks, everywhere admitted, both by those who could
+compensate, and those who could only condole.
+
+In his dedication to Lord Hobart, the principal secretary of state, he
+drops the tone of complaint and disappointment: he tells that nobleman
+that his private virtues were rendered more conspicuous by the splendour
+of his talents as a statesman, and that praise could not be interpreted
+as flattery, when devoted to a name which commanded the veneration of
+the world. Remonstrances so skilfully advanced could not be unnoticed:
+Collins was at once raised to the rank of colonel, and the intelligence
+with which he delineated the proper objects and agents of penal
+government, exalted him still higher. He dated his dedication in 1802,
+and embarked the following year as governor of the settlement it had
+been resolved to form.
+
+FOOTNOTES:
+
+[Footnote 33: _Wentworth's New South Wales_, p. 210.]
+
+[Footnote 34: _Flinders_, vol. i.]
+
+[Footnote 35: _Narrative:_ published by authority of the Admiralty,
+1818.]
+
+[Footnote 36: "We arrived in October, 1803: my pen is not able to
+describe half the beauties of that delightful spot: we were four months
+there. Much to my mortification, as well as loss, we were obliged to
+abandon the settlement, through the whim and caprice of the
+Lieutenant-Governor: additional expense to government, and additional
+loss to individuals, were incurred by removing to Van Diemen's Land,
+which _can never be made to answer_. Port Phillip is my favorite, and
+has my warmest wishes. During the time we were there, I never felt one
+ache or pain, and I parted from it with more regret than I did from my
+native land." The following is the endorsement of this letter:--"Dated
+May 23rd, 1805; received October 10th, 1805--half a year! From an
+officer's wife, Mrs. Hartley (quere Hopley?), to her sister."--_Collection
+of Letters, for a History of New South Wales. By a Merchant._ London:
+Valpy, 1812.]
+
+[Footnote 37: Report of Commons on Transportation, 1812.]
+
+[Footnote 38: _Phillip's Voyage_, p. 95.]
+
+[Footnote 39: The reader will not be displeased to see the whole
+passage. On the 22nd of March, 1775, upon moving his resolutions for
+conciliation with America, Edmund Burke thus addressed the house:--
+
+"Mr. Speaker,--I cannot prevail on myself to hurry over this great
+consideration. It is good for us to be here. We stand where we have an
+immense view of what is, and what is past. Clouds indeed, and darkness
+rest upon the future. Let us, however, before we descend from the noble
+eminence, reflect that this growth of our national prosperity has
+happened within the short period of the life of man: it has happened
+within sixty-eight years. There are those alive whose memory might touch
+the two extremities. For instance, my Lord Bathurst might remember all
+the stages of the progress. He was in 1704, of an age, at least, to be
+made to comprehend such things. He was then old enough--_acta parentum
+jam legere et quae sit poterit cognoscere virtus_. Suppose, Sir, that the
+angel of this auspicious youth, foreseeing the many virtues which made
+him one of the most amiable, as he is one of the most fortunate men of
+his age, had opened to him in vision, that when in the fourth generation
+the third prince of the house of Brunswick had sat twelve years on the
+throne of that nation, which (by the happy issue of moderate and healing
+councils) was to be made Great Britain, he should see his son, Lord
+Chancellor of England, turn back the current of hereditary dignity to
+its fountain, and raise him to higher rank of peerage whilst he enriched
+the family with a new one. If, amidst these bright and happy scenes of
+domestic honor and prosperity, that angel should have drawn up the
+curtain and unfolded the rising glories of his country, and whilst he
+was gazing with admiration on the then commercial grandeur of England,
+the genius should point out to him a little speck, scarce visible in the
+mass of national interest--a small seminal principle rather than a
+formed body--and should tell him: Young man, there is America, which at
+this day serves for little more than to amuse you with stories of savage
+men and uncouth manners; yet shall, before you taste death, show itself
+equal to the whole of that commerce which now attracts the envy of the
+world. Whatever England has been growing to by a progressive increase of
+improvement, brought in by varieties of people, by succession of
+civilising conquests, civilising settlements in a series of seventeen
+hundred years, you shall see as much added to her by America in the
+course of a single life! If this state of his country had been foretold
+to him, would it not require all the fervid glow of enthusiasm to make
+him believe it? Fortunate man, he has lived to see it: fortunate indeed,
+if he lives to see nothing that shall vary the prospect, and cloud the
+setting of his day."--_Parl. Hist._, vol. xviii. p. 487.]
+
+[Footnote 40: _Edinburgh Review_, 1803.]
+
+
+
+
+SECTION II.
+
+
+When Collins determined to relinquish Risdon, after survey and
+comparison of the places offered to his choice, he preferred the spot on
+which stands Hobart Town, called after the name of his patron.
+Imagination has traced in its natural outlines a resemblance to the
+seven-hilled Roman capital, once the mistress of the world.[41] Its
+chief recommendation was the stream which runs through the centre of the
+city, whose margin was then beset with brushwood, and choked with
+prostrate trees: these often obstructed its course, and threw over the
+adjacent banks a flow of water, and thus formed marshes and pools.[42]
+
+Hobart Town is built on the west side of the Derwent, a river named
+after the Derwent in Cumberland, celebrated by Wordsworth, the laureate
+of England, and the poet of the lakes, who thus associates with its
+beauties the recollections of his childhood:--
+
+"Among the mountains were we nursed, loved stream!
+Thou near the eagle's nest,
+Where thy deep voice could lull me."
+"--------Glory of the vale!
+Kept in perpetual verdure by the steam
+Of thy soft breath."[43]
+
+The county, including at first half the island, was called after the
+same nobleman, who was then Lord Buckinghamshire.
+
+The northern settlement, formed by Colonel Paterson,[44] was seated on
+the Western Arm of the Tamar, and called York Town. In describing the
+site, the difficulty of obtaining water is noticed by Flinders; but by
+Dr. Bass, the adjacent land was represented as adapted for both
+agriculture and pasture: he added, "If it should be ever proposed to
+make a settlement, this part seems to merit particular attention." From
+this spot the greater part of the new establishment was removed (1806)
+to the country above the North and South Esk; where the colonists were
+delighted to discover extensive plains equally suitable for tillage and
+pasture, where not a tree obstructed the prospect.[45]
+
+The Tamar was traced, and named by Paterson after a Cornish stream, and
+the valley of Launceston, after a town in Cornwall, and both in honor of
+Governor King. At Launceston he proposed to establish a sea port town,
+for the northern section of the island. Port Dalrymple, as this
+settlement was then called, was not under the government of Hobart Town
+until 1812.[46]
+
+The first communication between Hobart and Launceston was opened by
+Lieutenant Laycock and his party, they were nine days in the journey,
+and their unexpected appearance excited great astonishment at
+Hobart.[47] A loaded cart was subsequently sent to Launceston, and
+passed over the country without falling a single tree.[48]
+
+The first Tasmanian house stood on land adjoining the Macquarie Hotel:
+it was built by Lieutenant E. Lord, of wattle and dab--its windows, like
+the port-holes of a vessel. That it was the first, constituted its chief
+claim to distinction: it was considered as an achievement of
+civilisation--a trophy gained upon the wilderness. All were not so well
+lodged; yet such houses are soon reared. Posts, joined by wall plates,
+fixed in the ground; woven with wattle rods, plastered with mingled
+clay, sand, and wiry short grass, and whitened--a grass thatched roof; a
+chimney of turf piled on stone, a door and a window: the cottage is
+finished.
+
+The removal of the settlers from Norfolk Island, colonised in 1788, was
+the next most important event. On his return to Great Britain, Collins
+visited that place, in company with Hunter, the late governor-in-chief.
+On the whole, he represented Norfolk Island as by no means promising to
+repay the annual cost, and it was resolved to abandon it.
+
+In 1803, directions were issued by Lord Buckinghamshire (Lord Hobart).
+The opposition of the settlers, and the fear of famine, for some time
+occasioned delay. In 1805, only four free settlers had removed. The
+order was renewed in 1808 by Mr. Windham, then secretary of state, and
+Captain Bligh directed Captain Piper to compel the colonists to evacuate
+the island, and even to shoot any one who might retreat to the woods to
+avoid embarkation.[49] They were conveyed to this island chiefly in the
+_Estramina_, _City of Edinburgh_, and _Sydney_: 254 arrived on 15th
+October, 1808.[50]
+
+Norfolk Island, so celebrated for its genial climate and unusual
+fruitfulness, is of volcanic origin, and contains about 14,000 acres. It
+lies on the 29th parallel,[51] north of New Zealand: it is nine hundred
+and ninety miles from Port Jackson, thirteen hundred miles from the
+Derwent, and until seen by Captain Cook, was probably never visited by
+man. Norfolk Island has twenty-eight miles of sea shore: its greatest
+elevation is Mount Pitt: it is a succession of hills and valleys. Its
+lofty cliffs, which breast the ocean, are crowned by the elegant white
+wood and the gigantic pine. The wild jasmine and convolvuli, which reach
+from tree to tree, form bowers and walks of exquisite beauty. Twice in
+the year the settler gathered his harvest: the lemon, the orange, and
+the pine, shed their fragrance in profusion, and yielded the richest
+fruit. Though liable to occasional storms and destructive insects, the
+husbandman could scarcely be said to toil. Gentle showers frequently
+refresh the undulating soil, and pour down rivulets to the ocean. Sea
+breezes cool the atmosphere, and the diseases often incident to such
+latitudes, are unknown; but no ships can anchor: it is a land unsuited
+to commerce.
+
+Thus it presented no incitement to exertion: it gave the indolent
+abundance without labor; it afforded a leisure, in which man is prone to
+degenerate and sink into the savage. Distillation from the cane produced
+spirits, more than usually deleterious: unacquainted with the process by
+which saccharine is crystalised, the settlers were unable to prepare
+sugar. They found the raw rum destructive, and attributed its fatal
+effects solely to the leaden worms![52]
+
+In 1800, the population of Norfolk Island comprehended 960 souls:[53]
+3,521 acres of land were granted; divided into farms of from ten to
+thirty acres each. A station, where rather more refractory offenders
+were sent, its government varied with the character of each officer. Of
+the moral condition of the island nothing good could be expected, and
+little favorable is remembered.
+
+Always a place of banishment, even when a colony, Norfolk Island seemed
+destined to exhibit the extremes of natural beauty and moral deformity.
+The language of Holt, the Irish rebel, who spent several months there,
+might be better suited to a latter period, but expressed the intensity
+of his abhorrence, not wholly unfounded--"That barbarous island, the
+dwelling place of devils in human shape; the refuse of Botany Bay--the
+doubly damned!"[54]
+
+On the determination of the government being announced, the settlers
+manifested great repugnance: the elder people declared they would not
+quit the country; it was, however, the decree of an irresistible will.
+The inhabitants were offered a settlement in Van Diemen's Land or New
+South Wales; mostly, they chose this country. They received from the
+government whatever would contribute towards reconciling them to the
+change. Vessels were provided for their removal, their possession in
+land was doubled, and it was freed from all conditions and reservations.
+They received cattle on loan, and they were rationed as new settlers
+from the public stores. That the change was beneficial to the rising
+generation can hardly be doubted; but the effect on the parents was
+generally painful. Time was required to equal the cultivation of the
+spot they had left, compared with which even Van Diemen's Land seemed
+blank and barren. Years after, they spoke of the change with regret and
+sadness.
+
+The settlers, divided into three classes, according to their origin or
+wealth, were located part in the neighbourhood of Hobart Town, at
+Pittwater, and New Norfolk, and part at Norfolk Plains. Thirty, forty,
+or fifty acres was the ordinary grant, until a later period: a large
+extent was neither possessed nor desired. Many valued nothing but the
+immediate benefits to which their character as immigrant farmers then
+entitled them. They drew their rations from the royal stores, and
+bartered away their homesteads for a few bottles of spirit; and it was
+no idle boast, that a keg of rum was then worth more than a common farm.
+Their hopeless and dissipated state is remarked in every document of the
+times: their frail dwellings soon exhibited all the signs of decay, and
+their ground was exhausted by continual cropping. Thus the exhilarating
+influences of youth and vigour, usual in the first steps of
+colonisation, were here unknown, and a civilising agency rarely
+counteracted the social evils which prevailed. The transactions of those
+early days are scarcely colonial: charged with debauch and outrage, they
+denote a time of social disorganisation--the dark ages found in the
+history of every country, where men have been their own masters, and
+remote from a public opinion, which cannot be corrupted or controlled.
+
+There were, however, a few settlers from Norfolk Island, distinguished
+from the rest by their enterprise and diligence, and who rose to wealth;
+but in glancing down the list, a colonist observes how few have retained
+their heritage.
+
+During the administration of Colonel Collins, the progress of the colony
+was barely perceptible. There were no roads in the interior; no public
+buildings: the house of the governor was a mere cottage, too mean for
+the accommodation of a modern mechanic.
+
+The transfer commenced at the close of 1805. The _Sydney_, Captain
+Forrest, was employed to convey to the Derwent a party of the settlers,
+and the stock belonging to the governor-in-chief: this was purchased by
+Mr. George Guest, who sold the sheep at L5 per head, and was repaid in
+cattle. In the _Sydney_, Joseph Holt, now discharged from restraint,
+visited Van Diemen's Land, and contributed to its welfare by his
+agricultural and pastoral experience. He found Collins still living in
+a tent. A few acres of land had been cultivated at New Town by convicts,
+in charge of Clarke, the superintendent: cattle had arrived from Bengal,
+and sheep from Port Jackson; but the progress of the settlement had
+hitherto been slow.
+
+In New South Wales,[55] gangs of men, stripped to the waist, labored
+together, and were exposed to rigorous discipline, common to slaves.
+These methods of tillage were introduced into Van Diemen's Land, where
+as yet there were no fields prepared for the plough, nor beast of
+draught to facilitate human toil. The chief overseers were not skilled
+in cultivation: one had been a shoemaker, the other a tailor; and while
+they were expecting large returns, they were ignorant that the full ears
+which promised an abundant yield, were smut, not grain. This early
+failure was attended with disastrous results.
+
+On the arrival of the _Sydney_, Collins looked narrowly into the
+probable resources at his disposal, and sent Joseph Holt to examine the
+land on the Derwent, with a view to future location. He proceeded along
+its shores, until a ledge of rocks obstructed the passage of his boat:
+then ascending an eminence, not less in apparent height than the
+Dromedary Mountain, "I sat down," he writes, "on its top, and saw the
+finest country eyes ever beheld." This was that extensive district
+which, from the previous residence of its occupiers, was named New
+Norfolk. The spot whence he surveyed the subjacent land he called Mount
+Casha.
+
+Joseph Holt, general of the rebel army of Wexford in 1798, at one time
+commanded 1,300 men. Memoirs, written by himself, were purchased by the
+keeper of the Irish records, and were edited by Thomas Crofton Croker.
+The result of that sanguinary struggle added considerable numbers to the
+population of these colonies, but on various terms. Holt was an exile,
+though often treated as a convict. As a commander he displayed great
+natural talents, courage, and fidelity. He ascribed his position as a
+rebel, solely to necessity of choosing between immediate death or
+insurrection. A neighbour wrecked his property, and denounced him a
+traitor in revenge: then loyal men were privileged to condemn without
+trial, and slaughter on the spot. In New South Wales, Holt was often
+suspected of sedition: he was imprisoned, and was forwarded to Norfolk
+Island without trial; on returning to Port Jackson, he visited the
+Derwent. Of Collins, Holt speaks with great enthusiasm, as the most
+lenient of the governors, and the finest of gentlemen: when he entered
+the forests, absconders would fall down on their knees before him, and
+obtain his forgiveness.[56]
+
+Holt's notices of this place are scanty, and of the people more so; but
+he observes that the daughter of Mrs. Hayes was a "beautiful girl: the
+prettiest violet I saw growing on the Derwent." Of such charms he was no
+mean judge.[57] Collins was desirous that Holt should settle on the
+Derwent, and wrote to Governor King for his consent: the knowledge he
+possessed of the treatment of stock, it was thought, would have been
+useful; but he resolved not to move farther from the port of
+embarkation. He at length returned to Ireland, with L2,000--a step he
+lived to deplore.
+
+The settlement was early involved in great difficulties. The hoe, the
+usual implement of husbandry, effected but a slow and discouraging
+progress: supplies from Port Jackson were forwarded in small quantities,
+and were soon altogether interrupted. In 1806 a disaster occurred, which
+reduced the elder colony to severe privation. The tempting fertility of
+of the land bordering on the Hawkesbury, the Nile of this hemisphere,
+induced the petty farmers, whose homesteads dotted its margin, to
+overlook its dangers. An inundation, remembered as the _great_ flood,
+exceeded all former devastations: vast torrents, of which the origin was
+unknown, descended from the mountains, and pouring down with prodigious
+violence, suddenly filled and overflowed the channels of the river; and
+rising to the height of sixty and eighty feet in a few hours, swept
+away the stacks of corn, the live stock, and even the dwellings. A
+vessel approaching the coast, saw fragments of the floating ruins many
+miles distant from the shore. Thus, lately possessing a superabundant
+store, the poor suffered extreme destitution, and the price of maize and
+wheat rose to L5 and L6 per bushel.[58]
+
+Unable to succour this colony, the government left it to its own
+resources, and for several years the scarcity continued with various
+intensity. The kangaroo hunters were the chief purveyors of food. The
+officers allowed servants, sent them to the woods, and sold their spoil
+to government. Considerable profits were made by the more successful:
+the commissariat allowed 1_s._ 6_d._ per lb., and the foundation of some
+fortunes were laid by persons whose servants were faithful and expert. A
+marine, assisted by two convicts, delivered to the king's stores, 1000
+lbs. of kangaroo per month, and continued in this occupation for several
+years. A few coarse biscuits were distributed while they lasted, but the
+substitute for bread was the dried and pounded flesh of kangaroo! The
+government, unable to feed, could no longer task the prisoners: to
+lessen the pressure, they were sometimes permitted to disperse in search
+of subsistence, and thus laid the foundation of those lawless habits
+which afterwards brought the colony to the verge of ruin.
+
+The _Sydney_ had been chartered to India for wheat, but was lost, and
+the colony disappointed of the expected relief. When this calamity
+became known, a second effort was made: Colonel Paterson, while acting
+Governor of New South Wales, contracted with Captain Bunker, of the
+_Venus_, to bring a cargo of wheat from Bengal. It was not until 1810,
+that she anchored in the Derwent: the dread of famine was removed, and
+wheat was now valued at 12s. a bushel. The change of seed enabled the
+farmers to clear their ground of that mixed and inferior grain which had
+disappointed all attempts at agricultural independence.[59]
+
+When at Bengal, the captain of the _Venus_ received from the governor
+two prisoners, supposed to be cast-aways from a vessel seized at Port
+Jackson. Stewart, formerly a lieutenant in the navy, secretly contrived
+a plan to take the _Harrington_, a vessel richly laden, and provisioned
+for a long voyage. The wind blew fair as she lay in Sydney harbour, a
+tempting prize: embracing the favorable moment, Stewart called together
+several companions whom he could trust, and submitted his project, at
+the instant proper for its execution--the first successfully attempted
+by prisoners. Thus, before suspicion was awakened, he had seized a
+boat, hurried on board, mastered the crew, and was scudding before the
+breeze. But at sea his good fortune forsook him: the _Harrington_ was
+recaptured by the _Greyhound_, and both vessels were lost on the coast
+of Luconia.[60]
+
+These pirates were permitted to land at the Derwent, and were left
+behind by the _Venus_. They were found at the house of Garth, a settler,
+by soldiers sent to seize spirits secretly landed from the vessel.
+Mistaking the errand of the soldiers, one of these men called on his
+comrade to resist them; and being enraged by a refusal, he fired, and
+inflicted a mortal wound.[61] Such complicated crime was not
+extraordinary; but the kind of force necessary in the civil government,
+and the shelter afforded to outlaws, were symptoms of social disorder,
+which soon after assumed an alarming character.
+
+It was the misfortune of Collins to be involved with the parties
+responsible in the deposition of Governor Bligh. This remarkable
+deviation from the ordinary conduct of British soldiers, has been
+attributed partly to the composition of the military force raised for
+that colony, and partly to the temper of Bligh. The officers merged the
+military character in the mercantile spirit, and were accustomed to
+enjoy privileges in virtue of their commissions, which they converted
+into a monopoly of trade. The distance of New South Wales from the
+centre of commerce, induced the crown to provide for the settlers the
+miscellaneous articles which are usually kept only by the shopkeepers.
+At Port Jackson, there were public magazines stored with every requisite
+for domestic use, such as potters' ware, utensils for the kitchen, and
+the implements of farming.[62] These were issued at stated prices,
+rather less than such commodities cost in Europe; but to prevent them
+becoming the objects of speculation, an official order for every issue,
+specifying the article, was necessary. Such methods of distribution
+gave, notwithstanding, ample room for partiality and corruption. On the
+arrival of Bligh, he found the improvident settlers, discontented and
+poor, completely in the hands of the martial dealers. Perhaps, from a
+love of justice, he attempted to rescue them from the grasp of these
+intermediate agents, who bought their produce at a narrow price, and
+gave them in exchange goods bearing an enormous per centage.[63] Bligh
+permitted the farmers to draw from the public magazine whatever was
+necessary for private use, and took their engagement to deliver their
+grain to the stores at the close of the harvest. This interruption to
+the customary dealings of the officers, naturally provoked them: Bligh
+reciprocated their aversion, and resented their disrespect. It is,
+indeed, stated by Wentworth, that this unfortunate officer renewed in
+New South Wales, the same tyranny which it is alleged had driven seamen
+of the _Bounty_ to mutiny: that his disposition was brutal, and that he
+refined on the modes of inflicting torture.[64]
+
+Bligh was arrested on the 26th January, 1808. A complicated quarrel with
+Mr. Macarthur, formerly paymaster of the New South Wales corps, arising
+out of mercantile transactions, was the occasion of the military
+insurrection. Having refused to attend a summons, Macarthur was
+apprehended on a warrant, and committed for trial: he was charged with
+an intention to stir up the people of the colony to hatred of the
+governor and of government--words of ominous import, when read in the
+light of colonial history.[65] Except the president of the court, the
+officers were more favorable to the accused than to the governor, and
+regarded him as the victim of a common cause. In his address to the
+court, Mr. Macarthur objected to the judge advocate, as a person
+disreputable in character, and actuated by feelings of hostility against
+himself. That functionary then threatened to commit Macarthur for
+contempt: Captain Anthony Fenn Kemp interposed, with a threat "to
+commit the judge advocate himself;" who, seeing among the spectators
+many soldiers wearing side-arms, and fearing for his personal safety,
+left the bench. Macarthur again appealled to his military brethren to
+preserve him from the ruffian constabulary: they immediately ordered the
+soldiers present to protect him against the peace officers. This
+interference was represented as an illegal rescue; Macarthur, however,
+surrendered to the provost marshal, and was lodged in gaol.
+
+The governor resolved to bring to trial the six officers who had
+repelled the judge advocate, for treasonable practices; and, as a
+preliminary step, ordered that they should appear before the bench of
+magistrates, of whom Colonel Johnston, their commander, was one. It was
+now supposed, that Bligh intended to constitute a novel court of
+criminal jurisdiction, and that he had resolved to carry to the last
+extremes the hostility he had declared. Colonel Johnston, as a measure
+of self defence, was induced to march his regiment to government house,
+and place his Excellency under arrest--demanding his sword, and his
+commission as governor.[66]
+
+This transaction throughout, caused a very strong sensation, both in the
+colony and at home. Opinions widely differ respecting its origin and its
+necessity. That it was illegal, it may be presumed, no one will deny:
+that it was wanton, is not so indisputable. The unfortunate termination
+of Bligh's first expedition to Tahiti, the imputations of harshness and
+cruelty for ever fastened to his name, and the disreputable agents he
+sometimes employed in his service, made the position of the officers
+extremely anxious, if not insecure. Bligh had become popular with the
+expiree settlers, who reckoned a long arrear of vengeance to their
+military taskmasters; and who, with the law on their side, or
+encouragement from the governor, might have been expected to shew no
+mercy. Had Bligh escaped to the interior, the personal safety of the
+officers might have been perilled. The settlers, led on by the undoubted
+representative of the crown, would have been able to justify any step
+necessary for the recovery of his authority, and at whatever sacrifice
+of life.
+
+Bligh was permitted to embark on board the _Porpoise_[67], to proceed
+forthwith to Great Britain, engaging not to communicate with any
+intermediate British colony. He bound himself upon his honor as an
+officer and a gentlemen to attempt nothing to the disturbance of the
+existing government, pending the reference to Downing-street. This
+agreement he made with Colonel Paterson, who had no part in the revolt.
+When upon the quarter-deck of the _Porpoise_, he repudiated these
+engagements, and ordered Lieutenant Kent, then in command, to batter
+down Sydney, and to restore his authority by force;--a task he declined.
+He, however, sailed for the Derwent, where his vessel was still lying,
+when unknown to him Macquarie arrived in New South Wales. Bligh had
+dispatched information of the insurrection at the earliest opportunity,
+and the ministers lost no time in forwarding new troops. The ships
+approached the harbour, prepared to pour in a broadside, but the
+government was instantly delivered up to the newly appointed head, by
+Colonel Paterson, the officer in command. The greater part of his
+official acts were prudently confirmed by Governor Macquarie, although
+the gifts and appointments of the interim government were declared null
+and void.
+
+When Bligh arrived at Hobart Town, he was received by Collins with the
+respect due to his station; he was, however, soon followed by
+despatches, which informed the lieutenant-governor of the movements at
+Sydney. Collins, Bligh stated, intended to arrest him; at all events he
+re-embarked, and the settlers were interdicted from holding
+communication. A free man, Mr. Belbin, was flogged for the infraction of
+this order, but afterwards received a grant from the crown in reward for
+his loyalty. Mr. George Guest espoused the same side: the vessel was
+ill-provisioned, and he secretly drove down his cattle to the beach,
+where some were slaughtered for the use of the _Porpoise_.
+
+In extenuation of the conduct of Collins, it will be remembered that
+Bligh was already deposed, when he appeared in the Derwent; and that his
+attempted resumption of office was a breach of his parole. The
+impression prevailed that Bligh, if restored, would exact sanguinary
+vengeance. The union of the officers was requisite to preserve order,
+even in the most quiet times: when deprived of military authority, it
+was the moral duty of Bligh to await the interference of the supreme
+government, and not needlessly expose those whom he was unable to
+protect, to the double danger of disloyalty and faction.
+
+Bligh returned to Port Jackson: though the time for his honorary
+restitution was passed, he was received with respectful formality. A
+proclamation had already been issued, prohibiting suits of law for
+injuries suffered from the usurping government, and giving indemnity and
+protection to all who had acted under its authority; but Bligh was
+empowered to carry home all who might be able to throw light on his
+deposition. This order must have terminated the government of Collins,
+had he survived. Colonel Johnstone was tried and cashiered (but
+permitted to sell his commission), and the mildness of his sentence was
+attributed by the crown to the extraordinary circumstance of the
+case.[68]
+
+This was the last important occurrence in the eventful life of Collins:
+he died on the 24th March, 1810, in the fifty-sixth year of his age,
+having held the administration six years and thirty-six days. His death
+was sudden: except a slight cold, there was little warning of its
+approach. He died whilst sitting in his chair, and conversing with his
+attendant. His funeral was celebrated with all the pomp the colony could
+command, and 600 persons were present.[69] The share he accepted in the
+responsibility of the deposition of Bligh, disturbed his tranquillity,
+and it was thought hastened his end.
+
+In 1810, Collins attempted to establish a newspaper--_The Derwent Star,
+and Van Diemen's Land Intelligencer_.[70] Though but a quarto leaf, with
+broad margin, and all the contrivances which dilate the substance of a
+journal, it was much too large for the settlement--where often there was
+nothing to sell; where a birth or marriage was published sooner than a
+paragraph could be printed; where a taste for general literature had no
+existence, and politics were excluded. The chief contents were droll
+anecdotes and odd exploits. The second number contains a rather pompous
+account of Governor Macquarie's inauguration at Sydney. The next issue,
+beside a government order or two, describes the feat of Barclay, the
+pedestrian--a thousand miles in a thousand hours; the wonderful
+longevity of Joseph Ram, a black of Jamaica, who died in his 140th year;
+then the greatness of Lambert, whose body weighed 52 lbs. fourteen times
+told; and who was sent by an inclined plane into his grave. Then follow
+an eulogy on the governor's profession, one trial, one ship, two births,
+and one marriage. The notice of a wedding is characteristic and
+unique--the first published by the Tasmanian press:--"On Monday, 26th
+ult., R. C. Burrows to Elizabeth Tucker, both late of Norfolk Island.
+They had cohabited together fourteen years, verifying at last the old
+adage--_better late than never_."[71] Such were the topics of this
+ephemeral journal, which, however, survived the governor himself. In the
+number published a few days before his decease, are the following
+lines:--
+
+"And thou, dear Cobham, with thy latest breath
+Shall feel thy ruling passion strong in death:
+Such in that moment, as in all the past:
+'O, save my country, heaven!' shall be thy last."
+
+Collins was the son of General Arthur Tooker Collins and Harriet Fraser,
+of Pack, in King's County, Ireland: he was the grandson of Arthur
+Collins, author of the _Peerage of England_.[72] At fourteen years of
+age he was lieutenant of marines; two years after, he commanded the
+military guard which attended Matilda, Queen of Denmark, to her
+brother's Hanoverian dominions, and had the honor of kissing her hand.
+It is said that, three years subsequent, he distinguished himself in
+that fatal conflict already noticed--the battle of Bunker's Hill. In
+1774, he was captain of marines in the _Courageux_, of 74 guns,
+commanded by Lord Mulgrave, and was present with Lord Howe, at the
+relief of Gibraltar. At the peace of 1782, he retired to Rochester, in
+Kent, with his lady, an American, who survived him. The despatch,
+announcing his decease, was filled with lamentations: "I am sure," said
+the writer, "when I speak the feelings of my heart on this melancholy
+occasion, that it is not my single voice, but that of every department
+whatsoever in the settlement, who with the most heartfelt regret
+acknowledge him to have been the father and the friend of all," His
+person was remarkably handsome, and his manners prepossessing: to a
+cultivated understanding, and an early fondness for literature, he
+joined a most cheerful and social disposition.
+
+Colonel Collins was buried in the church-yard of St. David's, Hobart
+Town. To provide a temporary place for public worship, a small wooden
+church was erected on the spot, and its altar was reared over his grave.
+This building was blown down in a tempest, and its materials being
+carried off, left the resting place of Collins long exposed to the
+careless tread of the stranger. Sir John Franklin, always generous to
+the memory of official worth, reared a monument, bearing this
+inscription:--
+
+                    Sacred
+                to the Memory of
+              DAVID COLLINS, ESQ.,
+        Lieutenant Governor of this Colony,
+and Lieutenant Colonel of the Royal Marine Forces.
+    On the first establishment of the colony of
+New South Wales he was employed as Judge Advocate,
+              And in the year 1803
+    he was entrusted by his Majesty's government
+          with the command of an expedition,
+    destined to form a settlement at Port Phillip,
+          on the south coast of New Holland;
+        but which was subsequently removed to
+                Van Diemen's Land.
+
+       *     *     *     *     *
+
+      Under his direction as Lieutenant Governor,
+          the site of this town was chosen,
+        and the foundation of its first building
+                    laid in 1804.
+      He died here on the 28th of March, 1810,[73]
+                    aged 56 years.
+          And this monument long projected
+        was erected to his memory in 1838,
+          by direction of His Excellency
+    SIR JOHN FRANKLIN, K.C.H., K.R.
+
+FOOTNOTES:
+
+[Footnote 41: _Ross's Almanack_, 1829.]
+
+[Footnote 42: Ibid, 1835.]
+
+[Footnote 43: _Wordsworth's Sonnet to the Derwent._]
+
+[Footnote 44: Colonel Paterson had been distinguished by his researches
+in Africa, and had gained considerable reputation as a botanist. This
+spirit of enterprise and intelligence he always preserved: he directed
+the government botanical establishment at Parramatta, and the French
+delineated his attainments with more than their usual enthusiasm. He
+superintended the exotic plantation provided for the colonies, and the
+repository of native shrubs intended for the gardens at Kew. His name
+not unfrequently occurs as an adjunct to the scientific descriptions of
+the botanist. Formerly acting governor and commander of the military
+corps of New South Wales, he was not unsuitable for the more direct
+duties of his office. It is, however, as a naturalist that he is
+remembered. _He planted trees_: some are still growing amidst the
+desolation of York Town. He was the first who attempted to improve the
+grass of the country. He was the author of a volume of travels,
+published in 1789, entitled, _Narrative of Four Journies into the
+Country of the Hottentots and Caffraria, in the years_ 1777-8, _and_ 9.]
+
+[Footnote 45: _Sydney Gazette_, 1806.]
+
+[Footnote 46: Ibid, May, 1812.]
+
+[Footnote 47: Ibid, May, 1807.]
+
+[Footnote 48: Lieut. Lord's Evidence, Par. Pap., 1812.]
+
+[Footnote 49: Johnstone's Trial, p. 337.]
+
+[Footnote 50: _Sydney Gazette_, 1808.]
+
+[Footnote 51: "After numerous observations, we found it--Lat. 29 deg. 4'
+40". Long. 161 deg. 12' East Greenwich."--_Hunter's Historical Journal._]
+
+[Footnote 52: _Backhouse's Journal._]
+
+[Footnote 53: Collins.]
+
+[Footnote 54: Holt gives the following curious anecdote:--"The Rev.
+Henry Fulton was reading the commandments, when Tony Chandler sung
+out--'turn out, you d----d villians, and launch the boat!' As I was
+going out, I said to Mr. Fulton, 'I perceive Tony Chandler's word has
+more power here than the word of God.' Fulton smiled, and shook his
+head."--_Memoirs_, vol. ii. p. 232.]
+
+[Footnote 55: "At a distance, I saw about fifty men at work, as I
+thought dressed in nankeen jackets, but on nearer approach I found them
+naked, except trousers: they had each a kind of large hoe, about nine
+inches deep and eight wide, and the handle as thick as a shovel, with
+which they turned up the ground."-_Holt's Memoirs_, vol. ii. p. 79.]
+
+[Footnote 56: The work is written with considerable strength of
+delineation; although his accounts are not quite safe authority for the
+character of his enemies. His words he spelled after a provincial
+pronunciation: thus, describing the crew of the _Sydney_, he writes,
+instead of Sepoys and Lascars, "Saypies and Glascars."]
+
+[Footnote 57: Of the women at Rio, he says--"Their skin is equal in
+clearness to the skin of a new laid egg: their eyes black as sloes;
+their hair like polished jet; their teeth as even as rows of printing,
+and as white as pearls; their eye-brows like those of a doll: their feet
+and legs, as if they were modelled in wax-work. They are the most
+complete patterns of the neatest form of a woman!"]
+
+[Footnote 58: Wentworth.]
+
+[Footnote 59: _Derwent Star, January_, 1810.]
+
+[Footnote 60: _Cunningham's Two Years in New South Wales_, p. 201.]
+
+[Footnote 61: _Derwent Star, February_, 1810.]
+
+[Footnote 62: _Peron's Voyage._]
+
+[Footnote 63: "It was, we must confess, very provoking to see the
+officers draw goods from the public store, to traffic in them for their
+own private gain, which goods were sent out for the advantage of the
+settlers, who were compelled to deal with those huckster officers for
+such articles as they might require; giving them from 50 to 500 per
+cent. profit, and paying them in grain."--_Memoirs of Holt_, vol. ii. p.
+296.]
+
+[Footnote 64: The instance given by Mr. Wentworth (p. 202), of a man who
+was sent by Bligh with a note to the constable, who was directed to flog
+him, without informing him of its purport, however it might read in
+London, will not seem enormous to a colonist, who could produce many
+parallel cases; it was a practice too common.]
+
+[Footnote 65: In 1702, Colonel Bayard was tried in New York, charged
+with having used divers indirect practices and endeavours to procure
+mutiny and desertion among the soldiers in the fort, &c. For sending a
+petition to the home government, which received a few military
+signatures, against the governor and the ruling faction, he was
+condemned to death--in the horrid terms included in the penalty of high
+treason. Before the sentence was executed, Lord Cornbury arrived: the
+chief justice _fled to England_; Lord Cornbury, however, it is said;
+destroyed the factions of New York, by oppressing them both: "and the
+contest soon began, which ended in the establishment of a free and
+independent nation."--_Chandler's American Trials._ Boston: vol. i. p.
+294.]
+
+[Footnote 66: _Lang's History of New South Wales_, vol. i. p. 110.]
+
+[Footnote 67: Dr. Lang states, that "he was obliged to sign an agreement
+to quit the colony forthwith; but instead of proceeding to England,
+Governor Bligh landed at the Derwent."--(vol. i. p. 121). And seems
+rather to extenuate this breach of faith. Were no agreement of this
+class binding the rigours of captivity and civil strife could never be
+mitigated. The following is Bligh's own statement:--"I took the
+_Porpoise_ on the terms they proposed to me, and the moment I got the
+command of the _Porpoise_, I took care to keep it, and would not suffer
+any of these terms, or any thing which they said to have the least
+influence on my mind."--Johnstone's trial, p. 33.]
+
+[Footnote 68: Horse Guards. July 1811.]
+
+[Footnote 69: _New South Wales Gazette_, 1810.]
+
+[Footnote 70: Printed by J. Barnes and T. Clark, at the Government
+Press, Hobart Town.]
+
+[Footnote 71: _Derwent Star, March 6th_, 1810.]
+
+[Footnote 72: _Collins's Peerage_: of venerable authority.--_Quarterly
+Review_, 1820.]
+
+
+
+
+SECTION III.
+
+
+On the demise of Colonel Collins, the government devolved on Lieutenant
+Edward Lord, until the arrival of Captain Murray, of the 73rd regiment.
+
+The governor-in-chief visited Van Diemen's Land during Captain Murray's
+administration. This auspicious event was the subject of great
+exultation. Macquarie was received with all possible formality and
+tokens of gladness: a salute from a battery of no great power; an
+illumination in the small windows of the scattered cottages; and
+addresses delivered by delegates, not bound to declare the number of
+their constituents.[74]
+
+Nothing remarkable is remembered of this visit, except that Macquarie
+traced the future city. He complained of the utter neglect of right
+lines in the erection of dwellings, which advanced or retreated
+according to the whim of the builder. The centre of the projected town
+he called St. George's Square: in this he intended to rear a church and
+town hall, and the quarters of the main guard: the open space he
+designed for a market. The streets which intersect each other he called
+by the names which still distinguish them: Liverpool-street after the
+minister of that name; Macquarie-street after himself; Elizabeth-street
+in honor of his lady; Argyle-street, of their native country; and
+Murray-street in compliment to the officer in command. The plan sketched
+by Macquarie has not been absolutely followed, nor has it been improved.
+He ordered the erection of a signal staff on Mount Nelson, named after
+the vessel which brought him to port, and conveyed him safely to Port
+Jackson. The settlers on the Derwent expressed a fervent admiration of
+his devotedness in thus venturing to face the dangers of the visit;
+especially accompanied by his consort--so they distinguished Mrs.
+Macquarie. The governor merited their gratitude, for his hand was
+liberal.[75]
+
+In February, 1812, Colonel Geils became acting Lieutenant-Governor, and
+remained until the arrival of Colonel Davey. Colonel Geils devoted great
+attention to agricultural pursuits, and first formed at Risdon a
+considerable farming establishment. Ordered to India with the troops
+under his command, he forwarded his youthful sons to the Cape of Good
+Hope, thence to be conveyed to England. The colonists heard soon after
+with deep commiseration, that the vessel in which they re-embarked was
+lost.
+
+Colonel Davey, the second Governor of Van Diemen's Land, arrived on the
+4th February, 1813. His manner of entrance indicated the peculiarity of
+his character, for the weather being warm he carried his coat on his
+arm, and announced himself at the house where he sought temporary
+accommodations: nor did his subsequent administration differ from its
+unceremonious beginning. He took pleasure in practical jokes and rough
+humour: his countenance was strongly marked, and, by a peculiar motion
+of the scalp, he delighted to throw his forehead into comical
+contortions. He shared in common a taste for spirituous liquors, and was
+not unwilling to participate wherever he was welcome as a guest. On what
+principle he was selected to conduct the affairs of a remote and
+reformatory settlement, it would be useless to conjecture. As a marine,
+he had been present in many important actions; among the rest, at the
+battle of Trafalgar. His intended departure from England he concealed
+from his family, by whom it was discovered accidentally: they reached
+the vessel by extraordinary exertions, and in neglect of all the usual
+preparations for the voyage. The ship which conveyed his luggage was
+taken by the Americans, during the war--for him a fortunate loss:
+indemnified by the largest grant ever conferred in this island (3,000
+acres); for it was not pretended that the captors could have made an
+extensive prize.
+
+Mrs. Davey, a lady of a meek and uncomplaining spirit, is spoken of with
+respect, and the governor himself with kindness; for under a rough
+exterior was concealed a generous disposition.
+
+During Davey's government, two hundred female prisoners were brought
+down from Sydney, in the brig _Kangaroo_: proclamation was made, and the
+settlers were invited to receive them. There was little delicacy of
+choice: they landed, and vanished; and some carried into the bush,
+changed their destination before they reached their homes. Yet such is
+the power of social affections, several of these unions yielded all the
+ordinary consolations of domestic life!
+
+The conveniences of civilisation were not wholly neglected. The ports
+were opened for general commerce (June, 1813): houses of trade were
+established, and Messrs. Kemp and Gatehouse, Messrs. E. Lord and J. H.
+Reibey, supplied the colony with English goods: the most necessary
+articles had often been wanting. The settlers purchased even the
+clothing of the prisoners, as preferable to the skins of animals by
+which they were often clad.
+
+The resources of the colony were developed: Mr. Birch, an enterprising
+merchant, fitted out a vessel to survey the western coasts (1816), and
+Captain Kelly discovered Macquarie Harbour and Port Davey: Captain
+Florence found a new species of pine, very highly valued by artificers.
+Mr. Birch was rewarded with one year's monopoly of the trade he had
+opened.
+
+The whale fishery was considerably enlarged: corn was exported; the
+plough introduced, and gradually superseded the hoe; a mill erected; and
+(February, 1817) the foundation of St. David's Church was laid. Passage
+boats connected the banks of the Derwent; a civil court for the recovery
+of debts, not exceeding L50, was established. A newspaper--a second time
+attempted in 1814 without success, when the commercial strength of the
+community was indicated by two or three advertisements--was at length
+published under better auspices. On the 1st June, 1816, Mr. Andrew Bent
+issued the first number of the _Hobart Town Gazette and Southern
+Reporter_, and thus brought into permanent action an agency which has
+promoted as well as recorded the advancement of the community. Nor can
+it be recollected without regret, that he, an undoubted benefactor of
+the colony, is left to an indigent old age, cut off from the prosperity
+to which his early labors contributed.
+
+The welfare of Van Diemen's Land was greatly retarded by the number,
+daring, and prolonged depredations of the bushrangers. In some
+districts, the inhabitants offered a sanctuary to criminals, and, as
+their scouts, gave notice of the approach of danger; while in others the
+settlers were driven before them. To check their ravages, Colonel Davey
+declared the whole colony under martial law: he punished with flogging
+persons, whether free or bond, who quitted their houses by night.
+Several offenders were captured, and suffered death.[76] The
+inhabitants, to the number of six hundred, expressed their approval of
+this stretch of power, but it was promptly disallowed by the
+governor-in-chief. On many previous occasions the same course had been
+pursued. To constitutional law, the lieutenant-governor was both
+indifferent and a stranger.
+
+Colonel Davey, when he relinquished his office, remained for some time
+as a settler; he was not, however, successful. He returned to England,
+where he died on the 2nd May, 1823. His contemporaries speak of his
+character in terms of eulogy. The modern colonist will remember, that
+the tastes of society have since that period been modified, even in
+Great Britain; and that character can never be fairly judged when
+separated from the circumstances in which it is developed. Then, the
+town was a mere camp: the etiquette of office, necessary when a
+community is advanced, would be folly in its infancy.
+
+FOOTNOTES:
+
+[Footnote 73: Collins, according to most authorities, died on the 24th
+March, 1810.]
+
+[Footnote 74:
+
+"_To his Excellency_ LACHLAN MACQUARIE, ESQ., _Captain-General
+and Commander-in-chief of his Majesty's Territory of New South
+Wales and its Dependencies, &c. &c. &c._
+
+"We, the inhabitants, settlers, and freeholders of his Majesty's
+settlement established at the Derwent, Van Diemen's Land, impressed with
+the most fervent zeal for his Majesty's government, and the most
+profound respect, esteem, and veneration for your Excellency, most
+dutifully congratulate you on your arrival at Hobart Town.
+
+"When men, whose characteristic is industry, consider themselves
+governed by an Officer in whom his Majesty has reposed merited
+confidence, who in order to promote agriculture, encourage morality,
+efface dissension, and patronise the industrious and deserving part of
+our community, leaves his seat of government, and exposes himself and
+his worthy Consort, under many privations, in a small vessel, to the
+dangers of a coasting voyage on these seas, a natural emulation must
+necessarily arise in the breasts of the inhabitants to merit, by an
+inviolable attachment to the laws, and an adherence to the regulations
+of the colony, the patronage, favour, and protection of such an
+unequalled Governor.
+
+"We humbly presume to hope that the favorable impressions which our
+industrious exertions have made on your Excellency's mind on your seeing
+Hobart Town and its vicinity, will become much increased on your return
+from that tour through the different settlements which your Excellency's
+intuitive mind may induce you to make.
+
+"Independent of the high consideration in which we hold your Excellency
+as the Representative of our Most Gracious Sovereign, we presume to
+solicit your acceptance of our most unqualified respect for your
+Excellency's person, and with duty, in the name and on the behalf of the
+inhabitants in general, subscribe ourselves your Excellency's most
+devoted servants,
+
+"R. W. LOANE,  J. INGLE,
+"T. W. BIRCH,  A. WHITEHEAD."
+
+"_Hobart Town, Van Diemen's Land, November 26_, 1811.
+
+"GENTLEMEN,--The address which I have this day the satisfaction to
+receive from you has been gratifying to me, and I beg you to believe
+that the inconveniences I have experienced in my voyage to Van Diemen's
+Land, have been amply compensated in the pleasure I feel on seeing one
+of the finest countries in the world in a state of rapid improvement by
+the exertions of his Majesty's loyal subjects settled here, in whose
+welfare I shall at all times feel a warm interest; and sincerely hope
+that the industry so happily begun will be persevered in with success.
+
+"I return you many thanks for the sentiments of regard you have been
+pleased to express towards me.--I have the honor to be, Gentlemen, your
+most obedient and most humble servant,
+
+"(Signed) LACHLAN MACQUARIE.
+
+"To Messrs. R. W. Loane, J. Ingle, T. W. Birch, and
+A. Whitehead, the Committee who presented the
+Address from the inhabitants of the Settlement at
+Hobart Town, in Van Diemen's Land."]
+
+[Footnote 75: The complimentary style in which the settlers addressed
+the Macquarie family was not without reason. It is said that Mrs. Kate
+Kearney, when the high price of her butter was complained of by the
+governor, stopped the supply. Mrs. Macquarie, curious to see this
+independent milk-seller, paid her a visit: when she entered, the old
+lady received her very graciously, and asked after the health of the
+Governor, and added, "how is the young Prince?" The story goes, that she
+received a valuable grant of land for this well-timed compliment. A
+bullock driver, who attended Mrs. Macquarie during one of these visits,
+annoyed her by swearing at the cattle: she promised to obtain him his
+free pardon, if he would only treat the animals with more civility. A
+hundred such stories are current; but he who has been accustomed to sift
+them, may take them for their worth.]
+
+[Footnote 76: See vol. ii, p. 129, of this History, for an account of
+bushranging.]
+
+
+
+
+SECTION IV.
+
+
+In planting the colony of New South Wales, it was requisite to provide a
+form of government adapted for a community without precedent. That
+instituted was equally alien from established usage. It conferred powers
+on the governor beyond the dreams of ordinary princes, and violated all
+the constitutional guarantees which support the rights of subjects. The
+American colonies derived their constitutions, some from the
+prerogatives of the crown, others from parliament, under acts
+prescribing their structure and limiting their jurisdiction. In some
+cases the British legislature authorised the crown to convey the powers
+of government at its own discretion, and its own agents. In the reign of
+George III.[77] the parliament passed the Quebec Act, which defined the
+powers of Canadian legislation and judicature, and thus established a
+course that has never since been abandoned.
+
+The immediate design and composition of the Australian colony precluded
+the forms of constitutional freedom: the object of the laws and
+regulations were but remotely connected with the ordinary interests of
+British citizens. Having obtained, therefore, the authority to institute
+a government, the crown put into commission the powers it received, but
+left to the local authorities to interpret and apply them.[78]
+
+The court of criminal jurisdiction was composed of seven officers, of
+whom the judge advocate was one. It could only assemble on the summons
+of the governor: his precept determined who, or whether any should sit,
+and thus regulated the jury: as their commander his influence was
+great--greater, as the dispenser of royal patronage.
+
+The powers of the grand jury devolved on the judge advocate, who framed
+the indictment, and determined beforehand the probability of guilt: he
+thus sat in a cause which he had judged already. The prosecutor
+conducted his own case: witnesses were examined in open court, and the
+accused was unassisted by counsel. Nor was unanimity required: yet five
+in seven were necessary in capital cases, to authorise an immediate
+execution. The judge advocate deliberated with his co-jurors in secret,
+and the court was re-opened only when they had agreed upon their
+verdict, and determined the sentence. Thus in ordinary cases the weight
+of authority in deciding guilt, as well as apportioning punishment,
+usually rested with an officer officially connected with the government.
+The operation of this court was liable to serious constitutional
+objections. It was in the power of the governor to exclude the subject
+from the protection of the law, by shutting up the court, and by the
+arbitrary selection of its members to anticipate its decision.
+
+In conducting the business of the court, its members dispensed with the
+niceties of law, and gave their verdict upon what appeared to be the
+substantial merits of the case. From the age of fourteen, the first
+judge advocate had been employed in the royal marine service, and
+whatever intelligence his writings display, they exhibit utter disregard
+of rights recognised by the British constitution. His successors in
+office, for two-and-twenty years, until the appointment of Mr. Ellis
+Bent, were gentlemen connected with the military profession, who were
+unassisted, except by such lawyers as the lottery of transportation
+threw in their way: thus, while they were limited by parliament to a
+jurisdiction according to the laws of the realm,[79] they were more than
+usually unacquainted with their nature, and indifferent to their
+observance.
+
+Such were the inherent defects of this form of judicature, from the
+large influence possessed by the executive; which could determine the
+time of sitting and the members of the court; which denied the right of
+challenge, and accepted the concurrence of five voices only in cases of
+life and death--and those of persons subject to the influence of the
+governor and unaccustomed to weigh evidence, or to defer to the maxims
+of civil tribunals. But if the constitution of the court was a subject
+of just complaint, the creation of new offences by unauthorised
+legislation, was still less acceptable to English statists.
+
+The court proceeded smoothly, so long as none but convicts or persons of
+trivial influence were in question; but the dispute with Governor Bligh
+disclosed the dangers with which it was fraught: the sympathy of the
+jurors with the accused frustrated his prosecution, and overthrew the
+executive.
+
+The _esprit du corps_ of the jurors occasionally appeared in their
+verdict: the decision of a cause in which an officer was the aggressor,
+or one which interested the passions, did not command the confidence of
+the people.
+
+The jeopardy of justice was illustrated by a dispute, in which the Rev.
+Mr. Marsden was complainant, and the secretary of the governor the
+defendant. Mr. Campbell was the censor of the New South Wales press: he
+admitted an article, which imputed to Mr. Marsden (1817) the abuse of
+his office as agent for the missionary societies, and of using muskets
+and gunpowder as articles of traffic with the natives of the Pacific.
+The judge advocate in this instance was said to attempt to shelter the
+offender by the influence of his three-fold office--as the law adviser
+of the governor, the public prosecutor, and member of the court of
+criminal jurisdiction. His reluctance to admit the evidence, and to take
+the preliminary steps in the prosecution, and his direction to deliver
+an inoperative verdict, were held fatal evidences that impartiality
+could not be secured by uniting functions so inconsistent with each
+other.
+
+The jurors were not unfrequently interested: in some instances the
+prosecutor sat as witness and judge, giving the principal evidence in
+the case in which he was both to decide the guilt and apportion the
+punishment.[80]
+
+The establishment of a court of criminal jurisdiction was alone
+authorised by the parliament: the necessity for supplemental laws was
+not foreseen, but was soon perceived. The governors assumed the
+legislative authority, under the disguise of orders and regulations,
+often contrary to the principles of English law, and sustained by
+penalties unknown in Great Britain. These were not collated until a late
+period: their provisions were imperfectly promulgated. In enforcing
+them, the governors relied on the impotence of resistance, and
+justified their enactment on the ground of expediency.
+
+Had the parliament conveyed a legislative power, the ordinary
+precautions and limitations would have been embodied for that purpose:
+thus the free subjects of the king would have known the extent of their
+liabilities, both to prohibitions and penalties. An unfettered despotism
+drew no distinction, but rejected all questions of legality as
+contumacious.
+
+Among the subordinate officers, were some high in rank, natives of
+France, who had emigrated during the revolution, or had by incurring the
+hatred of its government deserved the patronage of our own. Profoundly
+indifferent to the rights of freedom, and ignorant of the forms or
+proper subjects of judicial investigation, an "order" was far more
+sacred in their eyes, than the volumes of Blackstone. English gentlemen
+might have recalled the solemn warnings of history which check
+aggressions on private liberty, but an exiled adherent of Bourbon
+princes was not likely to be embarrassed by educational prejudices. Not
+that British officers were really more scrupulous, or offered by their
+habits a better guarantee for the legality of their administration.[81]
+
+The minor offences of prisoners passed under the summary adjudication of
+magistrates. They often indulged in the lowest humour or furious
+passion: they applied torture to extract confessions, and repeated
+flagellation until it became dangerous to life.
+
+The long delay of legislative remedies, when omissions and defects were
+discovered, is a proof of ministerial indifference. The crown provided a
+court of criminal jurisdiction for Port Phillip: the jurisdiction was
+strictly local, and the judge advocate ceased to act when Van Diemen's
+Land was occupied; but twenty years elapsed before the deficiency was
+supplied. Again, the criminal court of New South Wales was limited to
+islands adjacent to the _eastern coast_.[82] The discovery of Bass's
+Strait proved that Van Diemen's Land was not included in this
+geographical definition, and the scrupulous or idle judges for a long
+time evaded the holding of courts in this island, which was thus
+surrendered to disorder. In the absence of a legal court, the
+magistrates set up a jurisdiction of their own. Criminal trials were
+dispatched by the simplest process, and the mixed penalties of a
+military and civil court inflicted on the assumed offender.[83] Thus,
+the negligent provision for the administration of justice secured
+impunity to crime, or seemed to require an arbitrary tribunal.
+
+The proclamation of martial law, was to relieve the government from the
+restraints of forms. The facility with which justice could be
+administered by it, was illustrated at the Castle Hill insurrection: no
+life being lost on the government side, the victorious troops arranged
+that every third man convicted should be hanged. They drew the names of
+the sufferers by lot, and were proceeding with great vigour, when the
+appearance of the governor suspended the execution.[84] The dangerous
+usurpation in both Norfolk Island and Van Diemen's Land, led to the
+hasty sacrifice of life.
+
+The scarcity of corn was once deemed a sufficient justification, when
+there was no appearance of sedition: at these times the government
+seized boats, or whatever was deemed useful for the public service, and
+imitated the most irregular actions of the Stuarts.
+
+The subordinate authorities were supposed to partake the license of
+their superiors. One commandant, Colonel Geils, fixed a spiked collar on
+the neck of a free woman; another flogged a female through Hobart Town
+for abusive language; and another tied up a free man on the spot, for
+placarding a grievance, when as yet there was no press.[85] Davey,
+having ordered a person to the triangles, answered his remonstrances
+with a pleasant jest: the sufferer reminded him that he could not flog
+him; the governor answered that "he would try," and the flagellator soon
+determined the problem in favor of authority. Indignant exclamations of
+free men were deemed preposterous by a body of officials, who regarded
+the diffidence of civil government as absurd, and considered power as
+the standard of right.
+
+The administration of justice is described by a work of the times:--"I
+have known," wrote a contemporary witness, "men, without trial,
+sentenced to transportation by a single magistrate at his own door: free
+men, after being acquitted by a court of criminal judicature, banished
+to another of the dependant settlements. I have heard a magistrate tell
+a prisoner (then being examined for a capital offence, and who had some
+goods, supposed to be stolen, for which he would not account), that were
+he not going to be hanged so soon, he (the magistrate) would make him
+say whence he got them. I have known depositions destroyed by the
+magistrate."[86]
+
+The courts were limited by the laws in force within the _realm_, but the
+realm was not defined;[87] and thus what portion of the law was
+applicable, was left in thirty years' doubt, until the commissioner
+royal stated that the omission had prevented several executions.[88] The
+same number of years were required to ascertain whether laws passed in
+Great Britain subsequent to the era of colonisation were the laws of the
+colony.
+
+Law officers of the crown were permitted to define authoritatively the
+import of acts of parliament, and on their official decisions the
+colonial judge convicted, and the governor executed a criminal.[89]
+
+The persons commissioned as justices constituted a court in avowed
+conformity with such tribunals in England, but they adjudicated on the
+orders of the governor, and inflicted the penalties he appointed; though
+the supreme court, sitting concurrently with these "benches," rejected
+the legislation of the governor as invalid, when the basis of an action:
+one judge supported them by his moral countenance, although he knew
+them to be without legal authority.[90] Judge Advocate Wylde, however,
+declared the legislative authority of the governor equally binding with
+acts of parliament--a doctrine never surpassed by the most subservient
+advocates of an unlimited monarchy.[91]
+
+The crown authorised the governor to grant remissions, but while he
+omitted the formalities requisite to perfect those pardons, the minister
+neglected to require them. For thirty years the error was undetected,
+and until a fraudulent creditor evaded a bill due to an emancipist; but
+several years were allowed to pass, even when the mistake was
+discovered, before it was fully corrected.
+
+The ministers authorised the governors to grant land to settlers. For
+forty-six years these delegates divided the domain of their sovereign,
+as if it were his personal property, and without the consent of
+parliament, when a court of this colony decided that all such titles
+were void in law, whether acquired by purchase or under the old
+quit-rent tenure.[92]
+
+Above two hundred thousand pounds had been levied by successive
+governors since the illegality of taxation was first submitted to the
+notice of the cabinet. In gathering this money, not only had property
+been seized, destroyed, and confiscated, but many persons had been
+imprisoned, and suffered all the miseries of felon bonds: yet when
+arrears, which the indulgence of the government had permitted to
+accumulate, were made a subject of legal procedure, the whole fabric of
+taxation and legislation by the governor's will, fell down.[93]
+
+The judge of the supreme court could not be insensible to the serious
+personal responsibility of longer supporting illegal taxation: he
+privately admonished the governor, who withdrew his actions. An act of
+indemnity released the ministers who advised, and the governors who
+enforced their demands, from the punishment of usurpation; and granted
+them power to do by law, what in defiance of law they had done so
+long.[94]
+
+Ingenious aggravations were made to the common penalties of a crime:
+Collins relates that a witness convicted of perjury, was condemned to
+the pillory: his ears nailed to the post as an additional
+punishment.[95]
+
+The courts of those times confounded everything together, and deciding
+the perjury of a witness, often tried two parties at the same moment.
+Flogging witnesses was an ordinary result of investigations, when they
+did not end in convictions: so late as 1823, Judge Wylde ordered a
+witness to be taken outside, and receive _instanter_ one hundred
+lashes.[96]
+
+The long privation of this colony of judicial protection, not only
+hindered the due administration of justice, but encouraged imprudence
+and fraud. In the year 1814, when the crown erected a supreme court at
+Sydney for the decision of civil causes, Major Abbot, a member of the
+New South Wales corps, was commissioned as deputy judge advocate in Van
+Diemen's Land. He adjudicated in petty session as a magistrate, and by
+the accommodation of law to the circumstances of the colony, dealt in a
+summary manner with capital offences where prisoners were concerned.
+Thus sheep stealing and crimes against the person, committed by
+prisoners, were punished by flogging, and removal to a more penal
+station; and thus, while a prisoner of the crown might escape with a
+milder sentence, free persons for similar offences were placed in
+jeopardy of their lives.
+
+"The experiment of a reformatory penal colony," said Sir James
+Mackintosh, "is the grandest ever tried; but New South Wales is governed
+on principles of political economy more barbarous than those which
+prevailed under Queen Bess."[97] This great statesman, who declared no
+provincial sphere seemed to him so worthy a noble ambition, as to
+become the legislator for these colonies, never failed to denounce the
+accumulation of illegality and folly.
+
+At this stage of our inquiry, it may be proper to scan this singular
+government. The legislators who authorised its establishment, prescribed
+as little as possible: all beyond the repression of crime was hidden
+from their eyes. They saw that punishments must be necessary, and
+provided for their infliction; but the complicated arrangements which
+grew out of the colonisation, were left to the adjustment of chance, or
+the discrimination of ministers, and ultimately to the caprice of naval
+and military governors.
+
+The extemporary character of their contrivance and expedients, is
+sufficiently apparent. Nothing was expected: nothing was dreaded: no
+checks were opposed to abuses. Thus acts of tyranny were perpetrated
+beyond the ordinary excesses of arbitrary governments, and all classes
+were confounded in one regimen of despotism. The commencing measures
+manifested their indifference to personal rights. Intending to banish
+men for life, the ministers selected for the first fleet chiefly persons
+whose crimes only forfeited their freedom for a few years. By
+withholding, or neglecting to forward lists of their names, their
+crimes, or their sentences, they consigned them not only to perpetual
+exile but protracted and illegal bondage. Imitating the ministers of the
+crown, the governor imposed compulsory labor on free men, or detained
+them when their liberation was notoriously due.
+
+Thus again, law had conveyed power to the king to deliver prisoners by
+assignment to shippers, but jealous of trusting the executive, the
+actual transportation could only be carried out as the result of a
+covenant with private persons. Regardless of these well-advised
+precautions, the ministers delivered prisoners to ships of war, in
+custody of captains in the royal navy, bound to obey the orders of the
+crown; and when loud remonstrances induced them to obtain a legislative
+sanction to the innovation, they were silent in reference to the past,
+and trusted in their party influence to protect their own agents from
+legal penalties.[98] No wonder, with such examples before them, the
+governors detained or released at their pleasure.
+
+Bentham was the first to protest against this illegal and violent system
+of government, as opposed to every principle made sacred by the
+Revolution, by judicial decisions, or by the oaths of sovereigns. He
+asserted that the movers and ministers of these despotic proceedings
+were liable, one and all, to the visitations of the most penal laws.[99]
+They had legislated without warrant, had detained free persons in
+bondage, levied illegal duties and imposed unconstitutional
+restrictions, and had inflicted cruel punishments for crimes invented by
+themselves. The apology for usurpation, was its obvious importance and
+general utility; but no one will dissent from the strong indignation
+expressed by the philosopher, at wanton violations of British law,
+neglect of personal rights and parliamentary privileges.
+
+Governor King, it is believed, first established customs.[100] Hunter
+had assessed the property of the colonists, upon obtaining the consent
+of several, for the erection of a gaol.[101] The poorer inhabitants
+refused to comply with the levy, and were threatened with vengeance:
+they knew that however useful, such taxes were illegal though otherwise
+just. Thus, although legislation was not shadowed by the parliamentary
+act, the governors assumed it in its amplest form. Among the earliest
+were orders respecting the production and sale of spirits: to this, the
+oriental penalty was attached--"his still shall be destroyed, and his
+house pulled down." Infraction of this law was subsequently punished by
+imprisonment and transportation.
+
+Of torture, to extort confession, we have ample proof, both written and
+traditional: of one Collins observes, "when he trifled he was punished
+again; he then declared that the plunder was buried. He went to the
+spot, but could not find it; he was then taken to the hospital." Another
+was tortured in the same form; but, adds the judge, "the constancy of
+the wretched man was astonishing:"[102] he was in consequence acquitted!
+This practice continued for twenty years, and in 1825 a prosecution was
+instituted against a magistrate for attempting to extract confession by
+torture.
+
+The tendency of undefined power to run into tyranny, is illustrated by
+Macquarie himself. He had prohibited the entrance of strangers within
+the government grounds, and to detect the offenders stationed constables
+on the spot, who lay in ambush: three men and two servant girls were
+captured and committed. The next morning, the men each received
+twenty-five lashes, by the written order of the governor: the women were
+detained in the cells for forty-eight hours. There was no appeal to law;
+and the sole actors were the governor and the gaoler. A process so
+simple was no longer to be tolerated: the public were alarmed.[103] The
+assumption of magisterial powers was not compatible with the office of
+the governor; but to authorise the flagellation of free men without
+trial, for a perhaps innocent trespass, was both dangerous and unjust.
+
+This was, perhaps, the last instance of such extravagant despotism, and
+it exposed Macquarie to much inquietude during his life. That a person
+so humane in his general character should forget the precautions due in
+equity and in law, and punish arbitrarily for imaginary offences, proved
+that no power is safely bestowed, unless its objects and extent are
+minutely defined.
+
+The civil, called the "Governor's Court," was instituted by George III.
+in virtue of his prerogative. It consisted of the judge advocate, and
+two inhabitants chosen by the governor: it was empowered to decide in a
+summary manner all pleas in relation to property and contracts, and it
+granted probates of wills.
+
+When convicts contracted pecuniary obligations, the governor specially
+withdrew them from liability to arrest; and told the creditors that in
+trusting these debtors their opinion of their honesty must be their sole
+guarantee: government could not spare "the servants of the public" from
+their toils to answer the plaints of suitors.[104]
+
+From its decisions, a cause could be carried to the governor; and in
+sums exceeding L300, to the king in council.
+
+Though unsanctioned by an act of parliament, this court departed widely
+from the practice of England. Its authority was keenly disputed by
+Bentham; and Commissioner Bigge, in stating its origin and operation,
+hints a similar doubt.[105]
+
+Undisturbed by objections the crown, by the patents and commissions of
+1814, separated the criminal jurisdiction from the civil, and created a
+supreme court, which adopted the English practice. By the new patent, an
+appeal was permitted from the supreme court to the "High Court of
+Appeals," consisting of the governor and the judge advocate; and, except
+when L3,000 were in issue, his judgment was final![106] To both these
+tribunals the Tasmanians were amenable; but in civil cases the
+appointment (1814) of a local court under the deputy judge advocate,
+terminated the absolute dependence on Port Jackson for judicial relief.
+Plaints for debts not exceeding L50 were entertained by this court, and
+creditors contrived to bring their claims within its jurisdiction, by
+dividing the amount into bills of L50. This evasion of the law, although
+it defeated the intention of a superior court and lessened its business,
+was useful to both parties; it decreased the difficulty and expenses of
+suits. It was more equitable in its operation than the supreme court:
+the owner of a vessel could carry up his own witnesses to Sydney, and at
+the termination of a trial convey them home without delay; but the less
+opulent debtor or creditor found himself practically excluded from
+redress.
+
+Mr. Judge Abbot was, however, not eager to assume his office, and it was
+not until 1816 that he commenced operations. The accumulation of debts
+must have been great, for at his first session fourteen hundred plaints
+were entered: nor did he exhaust the suitors by delay, for eleven
+hundred were disposed of during that year. Two inhabitants, chosen by
+the governor sat as assessors; and being known, and knowing all parties,
+they often discussed in private beforehand the causes awaiting their
+verdict![107]
+
+The deputy judge advocate held in contempt the net-work of the law, by
+which equitable rights are sometimes entangled: his was a court of
+request without appeal, and he took pleasure in asserting its finality.
+For the convenience of suitors he allowed agents to practice in his
+court: these gentlemen had somewhat more legal knowledge than the judge,
+and often exasperated his antipathies by its ostentation. They would
+dwell on the dignity of his court: his decision was irrevocable; even
+the lord chancellor of England, they would say, was subject to the
+revision of a still higher court than his own, but the deputy judge
+advocate decided the cause for ever. Trusted with such resistless
+jurisdiction--such onerous responsibility, how great must be his care to
+avoid an error beyond correction--an injustice that could not be undone
+but by an act of parliament! Such were their addresses: occasionally
+heard with complacency--and, it is said, not always unsuccessful. The
+most famous of these practitioners were Messrs. R. L. Murray and Evan
+Henry Thomas. The last gentleman was an emigrant, and issued a
+rhetorical advertisement for employment as a preceptor; but renouncing
+that calling, he provided himself with a blue bag, the sole
+qualification essential, and paraded the vicinity of the court: here
+some suitor found him. What he wanted in experience he made up by
+industry; and thus carrying his cause, established his reputation as a
+pleader.
+
+Abbott was a lover of fair play: when one of these gentlemen stated a
+cause, he expressed a wish that the other side could be placed in as
+clear a light. Willing to show how well he comprehended the case, the
+agent for the plaintiff set before the court what the defendant might
+allege; and Abbott, admitting its force, determined in his favor! The
+equitable judge decided that the plaintiff should pay the defendant the
+unsought balance of his bill.
+
+On such a primitive plan were minor rights protected. Although the
+decisions were often grounded on imperfect proof, the substantial equity
+of Abbott's adjudications was rarely questioned. In cases under L5 the
+court received no fee, but in higher causes a small sum was paid. The
+agents obtained what they could, as the recompense of their professional
+toils.
+
+Major Abbott continued to preside as deputy judge advocate, until his
+office was abolished. After visiting England he returned to Launceston
+with the appointment of civil commandant. He died in 1832: the
+inhabitants spontaneously honored his funeral. He was esteemed as a
+person of a generous nature and upright intentions. Major Abbott entered
+the army at the age of thirteen: he was in the service of the crown
+fifty-three years, forty-three of which were spent in the colonies.
+
+FOOTNOTES:
+
+[Footnote 77: 14 Geo. iii. c. 83.]
+
+[Footnote 78: "Whereas it may be found necessary that a colony and a
+civil government should be established, and that a court of criminal
+jurisdiction should also be established, with authority to proceed in a
+more summary way than is used within this realm, according to the known
+and established laws thereof." The court, described as above, is then
+authorised, to try "outrages and misbehaviours, as if committed in this
+realm would be treason or misprision thereof, felony or
+misdemeanour."--27 Geo. iii. Nothing is said of legislative power.]
+
+[Footnote 79: _Collins_, vol. i. p. 32.]
+
+[Footnote 80: _Bigge's Jud. Report_, p. 34.]
+
+[Footnote 81: Holt has left a graphic picture of a justice, which must
+be received, perhaps, with some reservation;--"I was walking with
+Barrington, the most accomplished pickpocket: he was arm-in-arm with
+Richard Atkins, Esq. I wished to have some conversation with them. A
+bottle of rum was produced, and some pleasant conversation about Ireland
+passed. At length I wished to retire, and Mr. A. said he never allowed
+any bottle off his table till he saw it emptied. We finished the half
+gallon bottle, and of course were not a little elevated. Mr. A. acted as
+a kind of deputy, when Judge Dore was not able, which not unfrequently
+happened: when spirits were plenty in the colony, he was generally
+indisposed." Mr. Croker adds, that "Atkins was appointed as a substitute
+to Collins in 1796, by the secretary of state, until the arrival of Mr.
+Dore in 1797."]
+
+[Footnote 82: _Bigge's Jud. Report_, p. 2.
+
+At Norfolk Island a court of criminal jurisdiction departed still
+further from the precedents of civil justice. An act authorised the
+government to convene a court of four military or naval officers, to
+decide on questions of life and death, even when free men were
+implicated.]
+
+[Footnote 83: "Yesterday, the bench assembled, when a free man, formerly
+belonging to Fort Dalrymple, was found guilty of stealing a silver watch
+from George Guest, jun., his property, and sentenced to labor for the
+government for the term of five years, and moreover to receive 500
+lashes."--_Derwent Star, Feb. 6th_, 1810.]
+
+[Footnote 84: _Holt's Memoirs_, vol. ii. p. 202.]
+
+[Footnote 85: Such punishments were not always unmerited, but they were
+capricious. A magistrate tied a carter to the wheel of his waggon, and
+inflicted 300 lashes for cruelty to his bullocks; but Dr. Montgarret
+ordered the blacksmith to be flogged, for presenting his bill!]
+
+[Footnote 86: _Mann's Picture of New South Wales_, 1811.]
+
+[Footnote 87: _Bentham's Plea._]
+
+[Footnote 88: _Bigge's Jud. Report_, p. 17.]
+
+[Footnote 89: Ibid.]
+
+[Footnote 90: _Bigge's Jud. Report_, p. 6. _Wentworth_, p. 43. edit. of
+1820.]
+
+[Footnote 91: _Bigge's Report_, p. 48.]
+
+[Footnote 92: _Macarthur's New South Wales: its present state and future
+prospects_, 1837.]
+
+[Footnote 93: _Bigge's Report._]
+
+[Footnote 94: 59 Geo. iii. 1819.]
+
+[Footnote 95: "This sentence was put in execution before the provision
+store, when the mob, either to display their aversion to the crime, or
+what might be more probable, to catch anything that wore the form of
+amusement, pelted him with rotten eggs and dirt."--_Collins_, vol. ii.
+p. 54.]
+
+[Footnote 96: _Gazette_, 1823.]
+
+[Footnote 97: Maconochie, in his supplement to _Australiana_, extracts
+the following passages from one of Sir James Mackintosh's private
+letters, published in his _Memoirs_, p. 342-3:--"Even out of England
+there are many places which I should prefer to this (Bombay). You will
+smile at the mention of Botany Bay; but I am most serious, and I assure
+you that next to a parliamentary situation, to which either nature or
+early ambition has constantly directed my views, I should prefer,
+without much regarding pecuniary advantages, that of being the lawgiver
+of Botany Bay.... England, in rearing such a community, is preparing not
+only conquerors of India, but enemies to herself and to all mankind.
+While on the one side the experiment of a reforming penal colony is,
+perhaps, the grandest ever tried in morals, it is one which is perfectly
+safe; for the settlement never can be worse than it is now, when no
+attempt towards reformation is dreamed of, and when it is governed on
+principles of political economy more barbarous than those which
+prevailed under Queen Bess. Every day the difficulties of the experiment
+grow with the increase of the (criminal) population.... I have heard,
+read, and thought so much about this extraordinary colony, that I am
+very confident in my general opinions; and I confess, between ourselves,
+that I am a piece of an enthusiast in my reforming projects," &c.]
+
+[Footnote 98: 43 Geo. iii.]
+
+[Footnote 99: "Not a governor, not a magistrate, that has acted thus,
+but has exposed himself to prosecutions upon prosecutions, to actions
+upon actions, from which not even the crown can save him."--_Bentham's
+Plea for the Constitution_, 1804.]
+
+[Footnote 100: _Wentworth_, p. 389. 1820.]
+
+[Footnote 101: _Collins_, vol. ii. p. 214.]
+
+[Footnote 102: _Collins_, vol. i. p. 268.]
+
+[Footnote 103: _Bigge's Jud. Report_, p. 76.]
+
+[Footnote 104: Collins.]
+
+[Footnote 105: _Bigge's Jud. Report._]
+
+[Footnote 106: Ibid.]
+
+[Footnote 107: Ibid.]
+
+
+
+
+SECTION V.
+
+
+William Sorell, Esq., third Lieutenant-governor, landed 8th April, 1817.
+To restore safety to the colony was the first duty of the governor: on
+his assumption of office he called the inhabitants together, and enabled
+by their subscriptions he offered large rewards, and thus inspirited
+both the soldiers and the constables. In less than three months the
+greater portion of the bushrangers were destroyed or captured. During
+Sorell's administration the colony suffered no serious disturbance from
+outlaws. This display of rigour was followed by judicious precautions:
+he ascertained more frequently the distribution and employment of the
+prisoners of the crown, and removed many temptations to disorder and
+crime.
+
+It was the practice, established first a few months after his arrival,
+to muster the whole population annually. Notice was sent through the
+districts, requiring the attendance of the several classes, who
+accounted for their families and their stock: the name, the residence,
+and civil condition of every inhabitant became known. Sorell thus
+ascertained the increase of cultivation and cattle, and whatever
+indicated progress.
+
+The landing of settlers direct from Great Britain was an important
+event: their efforts were experiments, and their achievements were
+prophetic. The political philosopher may trace in their errors, trials,
+and successes, the lessons afforded by experience for the instruction of
+nations. The rapid advance of modern colonisation tends to underrate the
+first efforts of our predecessors. The first colonial boat-builder
+founded a great commercial navy; the first shepherd held in his slender
+flock a treasure of unimaginable worth.
+
+The arrival of many emigrants led to the exploration of the country. The
+hunters were usually the pioneers, but beyond the general features of
+the scenery, they afforded little information: wild cattle were the
+better guides. To provide a settlement for strangers, Sorell explored
+the region lying between the Shannon and the Clyde to its junction with
+the Derwent; free from timber, and within twenty miles of navigable
+waters. At this district were located several distinguished settlers.
+
+The narrow grants and wretched homesteads of the emancipist cotters, the
+sole farmers at the time of this immigration, presented but little to
+please. The settler, whose imagination pictured the rustic beauties and
+quiet order of an English farm, saw unfenced fields of grain, deformed
+with blackened stumps: a low cottage of the meanest structure,[108]
+surrounded by heaps of wool, bones, and sheepskins; harrows and water
+carts amidst firewood; mutton and kangaroo strung on the branches of
+trees; idle and uncleanly men, of different civil condition but of one
+class; tribes of dogs and natives. No green hedges or flowery meadows,
+or notes of the thrush or nightingale; but yet there was the park-like
+lands, the brilliant skies, the pure river; and, above all, the
+untainted breath of the morning.
+
+In 1820, there were only two estates, those of Mr. E. Lord and Colonel
+Davey, on which fences were erected; and the destructive incursions of
+cattle were subjects of many complaints: yet in that year L20,000 had
+been obtained for wheat exported to Sydney. The first crops were
+prolific: the early settlers chose the more fertile and open plains; and
+many selected sites for their dwellings on natural lawns of surpassing
+beauty.
+
+The dispatch of vessels direct from England rapidly increased the
+population: in one year (1822) six hundred settlers entered the port,
+and by the capital which they invested, and the habits of decency and
+enterprise they exhibited, gave a new tone to the colony. A succession
+of publications drew attention at home to the capabilities of Van
+Diemen's Land. It was described in the _Quarterly Review_ (May, 1820) by
+a friendly pen, which stated that during three years, a detachment of
+one hundred men had not lost three, and that Hobart Town had been
+sixteen months without a funeral.
+
+The work of Lieutenant Jeffries, who spent several months in a passage
+from Sydney to Van Diemen's Land, and who wrote much in praise of the
+native women, and the pleasures of a bush life, drew a pleasing picture.
+The more sober sketch of Captain Dixon, and the copious delineations of
+Mr. Wentworth, directed the public curiosity to Tasmania. For several
+successive years new books were published, describing the fertility of
+the soil and the beauty of the climate. These generally contained a
+theory of pastoral increase--a geometrical progression towards wealth.
+The increase was, indeed, rapid beyond oriental precedent. Between 1810
+and 1820, it was estimated at fifty fold.[109] The adaptation of these
+colonies for the growth of wool first drew the attention of several
+gentlemen of Hamburgh, whose importations afterwards promoted the
+improvement of our flocks.
+
+The position of Van Diemen's Land favored its settlement. Vessels bound
+to Port Jackson often touched at the Derwent to discharge portions of
+their cargo; and weary with the length of the voyage, emigrants listened
+to the persuasions of the colonists, and the hints of the
+lieutenant-governor himself.
+
+The advantages offered to settlers, so late as 1818, included not only
+grants of land, but loans of stock and seed; and a price for wheat, long
+standing at 10s. per bushel, and for meat 6d. per lb. The settlers were
+entitled to rations for themselves and their convict servants for six
+months. It was stipulated that the stock should be replaced by the
+increase, and the wheat repaid at the harvest. Such engagements were,
+however, rarely fulfilled. No suits could be prosecuted by the crown in
+the local court, and vague threats of disfavor were the only means of
+recovery: these were understood as formalities. The crown, by the
+prohibition of distillation, prevented a consumption of grain, and until
+a fixed price was given corn had been sometimes of no value whatever. A
+partial market was assured, to prevent the total neglect of agriculture.
+The patronage, of course, led to official corruption: many officers
+received wheat from their servants in commutation of labor, and some of
+more than usual inferiority was thus admitted by a Launceston
+commandant, a refugee Frenchman, who threatened to transport the
+storekeeper for calling in question its quality. The Commissioner Bigge
+recommended the bounty should be entirely abolished, distillation
+permitted, and supplies purchased by tender. A deficiency could be no
+longer apprehended. There were 7,400 inhabitants, at the close of 1821,
+who possessed 15,000 cultivated acres, 35,000 horned cattle, 170,000
+sheep, 550 horses, and 5,000 swine. With such resources, the danger of
+famine finally disappeared.
+
+The herds were composed chiefly of Bengal cattle, imported at an early
+period; but the emigrants introduced the most valued of the English
+breeds, which have entirely supplanted the early stock. The herbage and
+the climate are equally favorable to the increase of cattle.
+
+The interior of the country being quiet, tickets of occupation were
+granted to settlers, who were enabled to establish large herds and
+flocks on the lands of the crown. The scarcity of provision in New South
+Wales soon created a considerable demand for the produce of this
+country, and in 1820 meat, to the value of L10,000, was purchased by the
+crown for exportation.[110]
+
+Macquarie, when his administration was drawing to a close, came on a
+tour of inspection to Van Diemen's Land. He arrived in the _Midas_. The
+squally weather, which prevented his immediate landing, gave time to
+prepare for his reception. He disembarked on the 24th April, 1821,
+saluted from the battery, and by the military, who lined the road to the
+government house. At his former visit in 1810, the population did not
+exceed 1,500. A few scattered and miserable huts, separated by
+thoroughfares but half recovered from the forests, then constituted the
+capital, which had now acquired something of an English aspect: there
+were 426 houses, and 2,700 souls.
+
+Few scenes are more pleasing than those which, assisted by memory,
+display the growth and triumph of industry. The gratification of all
+parties was visible, and a general illumination closed the day. It was a
+day of pardons and bounty: when the prisoner received his liberty and
+the settler his heritage: every inhabitant who had no plaint to prefer,
+had yet thanks to pay. The _bachelors_ of Hobart Town gave a public ball
+to the governor: one hundred and fifty sat down to supper, and the
+gentlemen danced together until the morning.
+
+On the 29th June, Macquarie sailed in the _Caroline_: he was accompanied
+to the water's edge by a large concourse of people, and carried with him
+applauses which his amiable vanity prized, and which his beneficence
+deserved.
+
+Macquarie inserted in the _Sydney Gazette_ the details of his progress,
+and observations. Whatever he described, he lauded: the architectural
+taste of the private buildings; the handsome church; the commodious
+military barracks; the strong gaol; the well constructed hospital. The
+enterprise and industry of the people; their spacious harbour; their
+battery, signal post and pier--are all distinguished with the minuteness
+of an auctioneer's catalogue, and nearly in its phrases.
+
+During his progress he gave names, among which many remain memorials of
+his love of country: Staffa Ulra, and Olmaig; Perth, Campbell Town,
+Oatlands, Strathallen Creek, Roseneath. The townships of Sorell,
+Brighton and Elizabeth, were designated by him: the last in honor of his
+wife. His own name is found everywhere.
+
+FOOTNOTES:
+
+[Footnote 108: There is nothing new under the sun. The following
+description of a New England cottage, on the Penka-tang River, in 1704,
+is given in the journal of Madame Knight:--"It was supported with shores
+(posts), inclosed with clapboards laid on lengthways, and so much
+asunder that the light came thro every where; the doore tyed on with a
+cord in ye place of hinges; the floor the bare earth. No windows but
+such as the thin covering afforded, nor any furniture but a bedd with a
+glass bottle hanging at ye head on't. An earthen cupp, a small pewter
+bason, a bord with sticks to stand on instead of a table, and a block or
+too in ye corners insted of chairs."]
+
+[Footnote 109: _Wentworth_, vol. ii. p. 93.]
+
+[Footnote 110: The following is a list of exports from Van Diemen's Land
+to Sydney in six years:--
+
+  _Wheat valued at 10s., and Meat at 6d._
+
+Year.   Bushels Wheat.   lbs. of Salt Meat.    L
+
+ 1815        1,770               --            885
+ 1816       13,135             10,000        6,817
+ 1817       15,240              8,000        7,820
+ 1818        7,990             64,640        5,611
+ 1819       24,768            346,800       21,054
+ 1820       47,131            386,000       33,225
+
+_Wentworth_, vol. ii. p. 32.
+
+Lands granted from 1818 to 1821, from 25,000 to 273,000 acres;
+population from 3,557 to 7,360; in cultivation, from 5,080 to 15,005
+acres.]
+
+
+
+
+SECTION VI.
+
+
+The Australian colonies owe their pastoral wealth originally to Captain
+John Macarthur, of the 102nd regiment: he was assisted by the enterprise
+of Captain Waterhouse, of the royal navy, who, though a sailor and
+confessedly ignorant of pastoral affairs, conveyed to the colony the
+stock which laid the foundation of its fortunes. The sheep brought by
+the first fleet to New South Wales, were sacrificed to the necessities
+of the time: the cattle strayed, and were discovered long after grazing
+on the Nepean, increased to many hundreds. Several efforts were made by
+the New South Wales Corps to introduce a stock, chiefly for the knife;
+but the transmission was attended with considerable difficulty, and the
+greater portion died.
+
+The basis of the New South Wales flocks was the Bengal: these, bearing
+hair, were mixed with sheep originally from Holland, and imported from
+the Cape. Mr. Macarthur having obtained some sheep from Ireland,[111]
+remarked the great, though accidental improvement in the fleece, which
+exhibited a mixture of wool, and gave the first hint of a great possible
+improvement. He then requested Captain Kent to procure sheep from the
+merino flocks of Colonel Gordon, at the Cape. These were forwarded by
+Captain Waterhouse (1797), who delivered to Macarthur three rams and
+five ewes, and retained a proportion himself.
+
+The results surpassed expectation. The flocks of Bengal yielded to three
+or four crossings, and produced the finest wool. Thus the heaviest
+fleece, in 1801, was 3-1/2 lbs.: the next season it improved to 5 lbs.
+The ewe produced wool worth 9d., her lamb's wool was valued at 3s.; and
+even the merino improved by the exchange of climate: its wool produced
+at the Cape being worth 4s. 6d., and at New South Wales 6s. The rate of
+increase was not less encouraging: the produce of fifty ewes, in seven
+years, was two thousand.
+
+In 1803, Captain Macarthur visited England, and presented a memorial to
+the lords of the committee of the privy council on the pastoral
+capabilities of New South Wales. He requested the crown to grant the use
+of public lands and servants, and offered to supply the commissariat at
+a given price, and to sustain the entire risk or loss of his experiment.
+The statement of increase was doubted: the testimony respecting the
+quality of wool could not be disputed, as Macarthur had procured the
+certificates of eminent manufacturers. It was, however, asserted that
+the natural pasture would be unable to subsist flocks, and it was
+necessary to combat this objection. Macarthur proposed to sell his flock
+at their value to a company, and on credit; on condition that the
+company procured a grant from the crown for pasture. This was declined;
+but Lord Camden was requested by their lordships to encourage Macarthur,
+and he received in consequence permission to occupy the cow pastures,
+where natural fences prevented the intermixture of his flocks. A grant
+of 5,000 acres--ultimately of an additional 5,000--was made to him.
+Never was a reward more justly due, or given with less sacrifice.[112]
+
+Mr. Macarthur procured from the royal flock at Kew, one ewe and nine
+rams:[113] with these he raised his flock to 6,000 (1818), and
+frequently sold pure merino rams at from L14 to L28 per head.
+
+The merino stock of George III., from which the Australian stocks were
+partly drawn, was sent to that monarch by the Spanish cortes. The king's
+love of rural pleasures was thus instrumental in adding immense wealth
+to his empire.
+
+It was not until 1820, that settlers of Van Diemen's Land entered the
+career of improvement. The original stock were introduced by Colonel
+Paterson: a mixture of Teeswater, Leicester, and Bengal breeds. The
+lieutenant-governor was anxious to improve the quality by an importation
+of merino lambs. By an engagement with Macarthur, three hundred were
+shipped at Sydney;[114] but more than one-third died: the rest were
+distributed to the settlers by lot, who gave the engagements to repay at
+the stipulated sum, and who received facilities for the experiment in
+suitable tickets of occupation. Macarthur received, at 7s. 6d. per acre,
+4,368 acres of land for the 300 lambs, valued to the crown at L5 per
+head.[115] From this date the wool of the Tasmanian flocks became known
+to commerce.
+
+Van Diemen's Land wool was not an article of export until 1819. Only
+71,000 pounds had been sent to London from New South Wales, but some had
+realised even 7s. 6d. per lb.; in one instance 10s., it is said, by a
+friendly competition: a sum three times greater than the English price
+of the finest continental wool. A specimen had been manufactured for
+George IV., and which so pleased him that he directed Sir J. Bloomfield
+to enquire if more could be obtained in England. There seemed now no
+hesitation in giving credit to Macarthur's prediction, that the
+boundless pastures of New South Wales would relieve the manufacturers of
+dependence on Spain.
+
+That great encouragement had not been afforded, and greater progress
+accomplished, may be considered surprising. The wool of commerce was
+still inconsiderable; although the flocks of both colonies amounted to
+200,000. Before the merino was first introduced, the fleece was
+considered worthless. The operation of shearing was often delayed until
+the sheep were injured: it was a deduction from the profit. The wool was
+burned, or thrown into the stock-yards as manure.
+
+In 1819, the captain of the _Regalia_ accepted a proportion of Van
+Diemen's Land wool, in exchange for merchandise: it had no market price,
+its expenses were considerable, and a duty of 3d. was levied at London.
+A sample was seen by Mr. Hopkins lying in the docks in the worst
+possible condition: the speculation was a failure. The colonial
+government bought several tons a few months after at 3d. per lb. for
+mattresses, a sum that scarcely paid for its conveyance from the
+interior. The duty, formerly 3d., was reduced, on the recommendation of
+the commissioner, to 1d. per lb.
+
+To Mr. Henry Hopkins the public are indebted for the first appreciation
+of Tasmanian wool. In September, 1821, he offered by advertisement a
+price in money, and bought at 4d. per lb. Twelve bales sold in London,
+the entire wool export of the colony, for 7d. per lb., or L88: the
+expenses were nearly half that sum. The merchants, however, continued to
+purchase, and the settlers to improve their flocks. In 1823, five
+hundred and fifty bales were exported in the _Deveron_, and an equal
+quantity in other vessels; and the wool of Clarendon rivalled the flocks
+at Port Jackson.
+
+FOOTNOTES:
+
+[Footnote 111: _Bigge's Report._]
+
+[Footnote 112: _Par. Pap._]
+
+[Footnote 113: _Bigge's Report._]
+
+[Footnote 114: _Bigge's Report._]
+
+[Footnote 115: _Par. Pap._]
+
+
+
+
+SECTION VII.
+
+
+The _Britannia_, a vessel the property of Messrs. Enderby and Sons,
+first discovered the whale fishery.[116] On doubling the south-west cape
+of Van Diemen's Land the crew saw sperm whales: in their progress to
+Port Jackson they fell in with prodigious shoals, as far as could be
+seen from the mast head. On arriving at Port Jackson the captain
+secretly informed the governor, who facilitated his preparation for a
+cruise. The sailors, however, did not conceal their observation, and two
+other vessels, the _Mary Ann_ and _Matilda_, sailed one day before the
+_Britannia_ and the _Salamander_, on the 1st November, 1791. On their
+departure they encountered bad weather, but saw whales in great plenty.
+The attempt was, for the moment, unsuccessful. Great expectations were
+formed by the colonists, who anticipated that this port would be a
+rendezvous of fishermen. This fishery, pursued since with so much
+vigour, was of little immediate value to Van Diemen's Land.
+
+The duties payable on exports from the colonies were both excessive and
+unequal; especially in oil, the difference amounting to almost absolute
+prohibition; being twenty times greater than by London ships. The
+settlers could only procure for their own consumption or the Indian
+market. The whalers often carried on their operations in sight of the
+towns, and heaps of bone at that period lay on the eastern shore. Of the
+first whale taken in the Derwent, Jorgen Jorgenson declared himself the
+captor.
+
+The trading pursuits of the inhabitants were fettered by the privilege
+of the East India Company. The act of parliament authorising its
+charter, prohibited the employment of vessels less than 350 tons between
+England and New South Wales; the small coasting trade was, therefore,
+solely eligible to the people of these colonies except in vessels
+unsuitable to the extent of their commerce. Thus, even the Mauritius was
+closed against the corn and meat of this country. This law was repealed
+in 1819, and thus vessels of any tonnage could be employed in the
+colonial trade.
+
+In the islands of the straits sealing was pursued with such vigour, that
+it was comparatively exhausted at an early date: small vessels were
+employed in the dangerous navigation, and not unfrequently lost.
+
+Few instances of nautical disaster and personal misfortune have
+surpassed the case of Captain Howard, in 1819. He was robbed of an iron
+chest containing money and jewels to a large amount. Next, the
+_Lachlan_, his property, was stolen by convicts. He freighted the
+_Daphne_ for India, and sailed with two women and a boy, beside the
+crew. They anchored at Kent's Group, and Howard landed. The brig, some
+hours after, was observed to drift: the wind blowing hard on the shore,
+her destruction was inevitable. The long boat was laden, and leaving
+behind the passengers and some seamen, Howard after great efforts
+reached the Derwent. Under his direction, the _Governor Sorell_ sloop
+was dispatched to receive the people left on the island. Meanwhile the
+_John Palmer_ entered the group, took off the women and the boy, and a
+bag of 400 dollars left in their charge; and was lost with the whole of
+her cargo. Nor was the _Governor Sorell_ more fortunate: the seamen of
+the _Daphne_, who left the island in a boat, saw on the north-east coast
+of Cape Barren, the binnacle and other fragments of that vessel, in
+which Howard perished.
+
+The same fate seemed to attend his property after his death. He had
+freighted the _Frederick_ and the _Wellington_ with sheep and cattle for
+the Isle of France, a market which then offered large gains. After some
+delay they reached the Northumberland Islands, off which the stock all
+died, from want of room and the influence of climate. Unwilling to
+proceed without cargo, the captain detained the vessels for spars. Here
+the _Frederick_ was wrecked, and twenty-two of the crew were drowned;
+but the chief officer, one woman, and a boy, reached the _Wellington_.
+They then proceeded to Timor, constrained on the passage to subsist on
+the preserved hides of the cattle. From Timor they proceeded to Batavia:
+the captain died, and the crew dispersed; and the vessel was taken under
+charge by the Orphan Chamber, her register being lost, and her owners
+unknown!
+
+A calamity still more singular, may be worth record.[117] The _Surrey_,
+Captain Raine, left the Derwent in 1820. Having heard that men were
+detained at Ducie's Island, he went there in search of them. The men
+came to the beach, but could scarcely articulate from exhaustion: they
+had belonged to the _Essex_, a whaler. One day, a whale of the largest
+class struck the vessel, and broke off part of her false keel: she then
+went a-head of them a quarter of a mile, and turning back met the vessel
+with such tremendous velocity that she was driven back at the rate of
+several knots: the sea rushed in at the cabin windows; every man on deck
+was knocked down, and the bows were completely stove in. The sailors
+were obliged to abandon the vessel, and after visiting several islands
+were found by the _Surrey_ as described.
+
+The strong inclination to trade, common to emigrants, was in these
+colonies a passion, while the settlers were of the lower class. The want
+of coin induced the government to pay the debts it incurred in rum,
+which, commonly valued at L1 per bottle, passed from hand to hand. The
+commissariat receipts were, however, the chief medium of exchange: they
+were acknowledgements of the delivery of goods for the use of the crown.
+They were paid by the settlers to the merchants, who on the appointed
+days presented them for consolidation, and received in return bills on
+the lords of the treasury. Every trader issued his notes. The islands of
+Scotland possessed a small paper currency, and to that origin were we
+probably indebted for our own. Dr. Johnson found such trifling bills in
+circulation during his celebrated tour. In Hobart Town they were issued
+in great profusion.[118] Often of the lowest value, both in amount and
+in credit, they kept afloat by the risk which their refusal involved.
+When presented in small quantities they were usually paid. A trader
+rejecting his neighbour's bills would be harrassed by his revenge: this
+was, however, done in some instances. A large issuer of notes in
+Launceston was staggered by a sudden demand for payment: to maintain his
+credit he borrowed dollars, and gave additional notes as security. A few
+days after they returned, and the same dollars were again borrowed by
+the unfortunate financier. The run was devised by his clerk, who managed
+by such manoeuvres to obtain a large bonus for negociating a loan of
+coin. The credit of these notes depended greatly on the Naval officer, a
+sort of collector: if admitted in payment of duties, they were current
+everywhere. The criminal courts continually exhibited frauds, consequent
+on these small issues. The issuers, however, had many chances in their
+favor: they did not always know their own notes; but great numbers were
+destroyed by persons intoxicated, or lost or worn out. The meaning of
+payment in currency, they interpreted, as giving one note for another,
+or four shillings for five shillings.
+
+The colonial dollars were mutilated to prevent their exportation. In
+1810, dollars were imported from Bengal. To make a smaller coin the
+centre was struck out, and valued at 1s. 3d.; the ring retaining its
+full current value. The crown payed the dollar as five shillings, and
+received it as four shillings; thus gaining 20 per cent. in exchange for
+bills, and in the settlement of accounts: an injustice so shameful was
+the subject of parliamentary reprobation, and ultimately suppressed. In
+1824, the _Samarang_ imported L10,000 of British silver, and the lords
+of the treasury directed that British coin should be paid to the troops,
+and taken in exchange for treasury bills.
+
+The establishment of the Van Diemen's Land Bank (1823) was the most
+effectual remedy of many financial difficulties. The traders obtained a
+charter from Sir Thomas Brisbane: the capital was divided into shares of
+200 dollars, and its direction was committed to a local board.[119]
+
+The issues of individuals were finally suppressed by act of council. The
+detection of many frauds enabled the dishonest, with a show of right, to
+dispute payment. They were sometimes recovered in the court of request.
+Justice was once secured by Mr. Hone, in the following manner:--The
+defendant was requested to select the notes he admitted to be genuine,
+and then to hand both parcels to the bench: these being marked were
+dropped purposely, and the defendant unsuccessfully attempting the same
+division once more, showed that his repudiation was fraudulent, and lost
+the cause.
+
+It was the custom to load a cart with goods, and send it through the
+country: the peddling merchant exchanged his commodities--a cask of rum,
+a basket of tobacco, a chest of tea, a bale of slop clothing--for sheep
+and cattle. The profits were often enormous: on his return to head
+quarters he would appear with a flock worth five times the original cost
+of his merchandise.[120]
+
+The manners of a people are seen in the courts. A series of trials,
+arising from the same transaction, included a considerable portion of
+the settlers, and illustrated the trading habits which prevailed. Mr.
+Gunning being indebted to Mr. Loane, a merchant, agreed to pay him in
+cattle: this arrangement was superseded. Fearing, notwithstanding, that
+his claim would be damaged by a general insolvency, Loane took with him
+seven men, and swept from Gunning's premises a herd of various
+ownership. For this he was called in question by the police as a felon:
+in retaliation, he instituted actions for malicious prosecution.
+Crossley, an emancipist lawyer, issued summonses, and instructed the
+officer to arrest, contrary to standing orders; but Timms, the provost
+marshal, to exhibit a spectacle, captured the police magistrate
+proceeding to government house. The whole settlement was involved in
+actions arising out of the debt, rescue, and criminal charge, either as
+parties or witnesses. The provost marshal was dismissed for "drunken
+ignorance." These trials occurred in 1821, during the circuit of the
+judge, Barron Field, who was induced, by the representations of
+Commissioner Bigge, to hold a session in this colony.
+
+FOOTNOTES:
+
+[Footnote 116: _Hunter's Historical Journal._]
+
+[Footnote 117: _Methodist Magazine_, 1821.]
+
+[Footnote 118:
+
+"No. 20.       _Hobart, 1st May, 1823._
+
+SIXPENCE.       I promise to pay the bearer on demand the sum
+of Sixpence, for value received.
+                               A. B."]
+
+[Footnote 119: Names of first directors and officers:--E. F. Bromley, A.
+Bethune, F. Champion, G. C. Clarke, A. F. Kemp, A. Macleod, and D. Lord;
+R. Lewis, cashier.]
+
+[Footnote 120: _Curr's Account_, p. 44.]
+
+
+
+
+SECTION VIII.
+
+
+The ecclesiastical notices contained in this work, will relate chiefly
+to external and material interests. The eye of a stranger cannot be
+expected to survey with impartiality the peculiarities of systems. It
+will be attempted to supply a few general facts acceptable to the
+community at large.
+
+During the first years of this colony the duty of providing religious
+instruction, was both admitted and neglected by the state. The clergy
+were limited to the towns, who with the clerical functions united the
+business of agriculture and the administration of punishments. The
+church of England was then regarded by statesmen as the religion of the
+empire, and to clergymen of the episcopal persuasion the spiritual
+interests of the settlements were confided.
+
+The first clergyman of New South Wales was the Rev. Richard Johnson: his
+labors were prosecuted under many discouragements. The priest of a
+Spanish vessel raised his hand with astonishment when he found (1793) no
+sacred edifice had been provided, and that the clergyman sought some
+shady spot to evade the burning sun in the performance of his ministry.
+He remarked, that the first house his own countrymen would erect, would
+be a house for God.[121] The habits of the officers discouraged a moral
+reformation. Earl St. Vincent had prohibited the marine officers taking
+their wives. A lady, who followed her husband in the disguise of a
+sailor, was sent home by Governor Phillip, when half her voyage had been
+completed.[122]
+
+Four years having elapsed, in vain expectation of official help, Mr.
+Johnson erected, at his own cost, a wooden building: strong posts were
+driven into the ground, the walls consisted of wattle and plaster, and
+the roof was thatched: thus the first Christian temple in this
+hemisphere was raised by a voluntary effort. This building was
+maliciously destroyed. After a long season of slumber, the governor
+resolved to enforce the observance of the Sabbath, which had been
+commonly spent in "abominable dissipation." The prisoners were compelled
+to attend on public worship, and their officers enjoined to accompany
+them: a few weeks after, the church was in flames. The governor,
+irritated, threatened to employ the workmen on Sunday to erect another
+church; but a large stone store being available, it was fitted up for
+the purposes of devotion, and the weekly penance exacted in another form
+more suitable to the day (1778). Mr. Johnson returned to Great Britain:
+he was the first who reared orange groves, from which he realised
+considerable wealth.[123]
+
+Before Mr. Johnson's removal, the Rev. Samuel Marsden arrived: a man of
+great intellectual and physical energy, who while he accomplished much
+for his family, effected more as a clergyman. Mr. Marsden was a graduate
+of St. John's, when he received his appointment, which was pressed upon
+him. His mission excited great interest. He was about to address a large
+assembly at Hull, when the vessel fired a signal to weigh anchor: the
+service was suddenly stopped, and Mr. Marsden proceeded with his bride
+to the boat, followed by the whole congregation, who covered the young
+adventurers with benedictions.
+
+Mr. Marsden resided at Parramatta, where his agricultural success was
+conspicuous. Peron exclaimed--"The whole of this spot was covered with
+immense and useless forests. With what interest have I trodden over
+these new meadows, through the midst of which this respectable pastor
+conducted me himself with the most affectionate kindness. Who could have
+believed it! This residence is seven or eight miles from Parramatta, in
+the midst of woods; and it was over a very excellent road in a very
+elegant chaise that Mr. Marsden drove me. What exertions must have been
+taken to open such communications: these pastures, these fields, these
+harvests, these orchards, these flocks, are the work of eight years!" In
+his spiritual husbandry Mr. Marsden was not at first equally successful.
+
+He returned to England in 1808, and the colony was left for some time
+without any clerical instructor. The Rev. Mr. Fulton, a protestant
+clergyman of Waterford, transported for sedition, was stationed at
+Norfolk Island, and Father Harold, an exile, a catholic priest, had
+returned home. "There was," says Holt, "no clergyman to visit the sick,
+baptise the infant, or church the women. So we were reduced to the same
+state as the heathen natives who had none of these ceremonies." At this
+period, however, many missionaries, driven from Tahiti, took refuge at
+Port Jackson. Some were employed as preachers, and others as
+schoolmasters, and several rose to considerable station and wealth,
+while others resumed their mission under more favorable auspices.
+
+Mr. Marsden succeeded in arousing the attention of the ministry:
+additional clergymen were procured, and schools were established. The
+country-born children displayed an aptitude for instruction which
+kindled the most pleasing hopes. They exhibited a feeling, approaching
+to contempt, for the vices of the convicts, even when manifested in the
+persons of their parents.[124] "These feelings," said Sidney Smith,
+"convey to the mother country the first proof that the foundations of a
+mighty empire are laid."[125]
+
+It is scarcely possible to imagine a condition more unfavorable to the
+rising race; and yet the aptitude for instruction, and the self-respect
+observable in the Australian youth, have been remarked by every visitor
+from the earliest times, not without astonishment. It is not uncommon to
+see children of the most elegant form, and with an open countenance,
+attended by parents of a different aspect, as if a new region restored
+the physical and mental vigour of the race.
+
+A pleasing instance of the love of knowledge occurred during the early
+ministry of the Rev. Mr. Cartwright, which he related to Governor
+Macquarie. The river which separated them from his dwelling was swollen,
+and knowing the ford was impassable, he saw with great amazement his
+young pupils approach his Sunday school: they had tied their clothing on
+their heads, and swam across the stream.[126] It is asserted, that
+without any other instruction than a casual lesson, some learned both to
+read and write.
+
+The Rev. Robert Knopwood, who arrived with the first settlers, was long
+the sole chaplain of Van Diemen's Land. In addition to his clerical
+functions he regularly sat as a magistrate. He had not much time to care
+for the spiritual interests of his flock, and of his success in their
+reformation nothing is recorded: his convivial friends are the chief
+eulogists of his character. His little white pony was not less
+celebrated. Mr. Knopwood received a pension, and was subsequently
+appointed chaplain to a country district: he died in 1838. The gaiety of
+his disposition made him a pleasant companion and a general favorite;
+and conciliated whatever esteem may be due to a non-professional
+reputation.[127] Mr. Knopwood was not, however, unwilling to tolerate
+the assistance of a sect whose zeal wore a different aspect from his
+own. The wesleyan ministers found a kindly welcome and an open field.
+
+In the absence of clergymen, it was customary for the magistrates to
+conduct public worship, or where that was not possible, to assemble the
+prisoners and accompany the inspection with a few words of advice.[128]
+
+The attention of the London committee of the wesleyan mission was
+aroused by their agents stationed at Port Jackson, who referred to this
+colony as "a settlement called the Derwent, two weeks' sail distant."
+The Rev. B. Carvosso, on his passage to New South Wales, touched at
+Hobart Town, in the month of May, 1820. He embraced the opportunity thus
+offered. He was introduced by the Rev. Mr. Knopwood to the governor, who
+authorised and protected his teaching. Mr. Carvosso stood on the steps
+of a dwelling-house; his congregation partly within and partly without:
+his wife conducted the psalmody. The text which initiated the wesleyan
+ministry was characteristic of its style and results: "Awake thou that
+sleepest!" The colony required such addresses. Mr. Carvosso's
+description of the inhabitants may be imagined: they were kindly, but
+dissolute. At New Norfolk and at Pittwater, with a population of several
+hundreds, no religious service had been performed. A seriously-minded
+soldier, by diligent inquiry, found out a settler said to be religious.
+To converse with this person, he took a journey of fifteen miles, and
+found him swearing!
+
+Shortly after Mr. Carvosso's departure, several soldiers of the 58th
+regiment, who at Sydney adopted the sentiments of methodism, were
+quartered in the island. They prompted a Mr. Noakes to obtain a room for
+worship: eight persons met on the 29th October, 1820, at a house in
+Collins-street, Hobart Town. They next removed to the residence of a Mr.
+Wallis: the soldiers and their coadjutor filled up the hour with
+singing, exhortation, and alternate prayer. Corporal Waddy appears to
+have been the leader of the band. They were assailed with great, though
+transient fury: their devotion was stifled by hostile noises. The
+governor, however, interfered, and the disturbers were intimidated.
+
+But the landlord of the house growing weary of their company, they
+sought a place of refuge. Donne, a carpenter, whose skilling formed a
+workshop, was entreated to arrange it for worship. At first, he gave a
+hesitating consent: his wife, a woman of vigorous temper and "a
+Romanist," violently interdicted the project; "but," says the
+chronicler, "that night there was a dreadful storm; the house rocked:
+she awoke in terror, exclaiming, 'the methodists shall have the room!'"
+The building became too small: it was enlarged to accommodate three
+hundred persons: a society of fourteen members was constituted. On the
+13th May, 1821, a Sunday school was established; the first in Van
+Diemen's Land. All this was done in the absence of a minister. Waddy,
+who was made a sergeant, went to India, where he soon died. He was
+mentioned with admiration by his brethren. Donne had been a prisoner: he
+lived to acquire the respect and confidence of his neighbours. His
+proper name was Cranmer: he was descended from the family of the
+illustrious archbishop.[129] He remained in membership until his
+decease. Mr. Noakes, the organiser of these wesleyan victories, became
+dissatisfied with their results: the _Gazette_, of 1823, announced that
+he had withdrawn from their fellowship. To him, however, belongs the
+honor of gathering the first school for gratuitous instruction.
+
+In the year following, September 21st, 1821, the Rev. Mr. Horton
+arrived. His labors were fatiguing and minute: he read the scriptures to
+"four persons in one place, and addressed twelve in another; chiefly old
+people and young children." He describes the social state of the
+country: "The wretchedness of Launceston is past description:" "of the
+deaths at New Norfolk, all except two are attributed to accident or
+drunkenness."
+
+Mr. David Lord gave Mr. Horton a plot of ground, and he resolved to
+build. He was indefatigable in his collections; and by contributions,
+then thought liberal, obtained L400.; but chapels are not built by
+cautious men. Having raised the walls his money was gone; and they
+remained long uncovered: a reproach to his calculation, but not to his
+faith. The Rev. R. Mansfield, two years after, obtained timber and labor
+from the government: gifts and loans were provided by the society in
+England, and the building was completed.[130]
+
+In 1822, a considerable religious immigration took place. Carvosso
+transmitted accounts of the material and moral prospects of the colony,
+which determined several of that class to settle in this island. They
+embarked in the _Hope_, and encountered great dangers in the British
+channel. On their complaints the vessel was seized, under an act for the
+protection of passengers; and the _Heroine_ being chartered for the
+purpose, they were transmitted at the expense of the government. The
+owners successfully appealed against the seizure, and accused the
+passengers of conspiracy; who, however, themselves suffered considerable
+detention and loss.[131] Many still survive, having largely contributed
+in their various spheres towards the social improvement of the country.
+
+Mr. Knopwood was superseded, as principal chaplain, by the Rev. William
+Bedford. This gentleman received his appointment by the recommendation
+of persons who had been impressed by his zealous attendance on criminals
+awaiting execution in the metropolitan gaols.
+
+The presbyterian church was founded the same year by the Rev. Archibald
+Macarthur. He was cordially received as a representative both of his
+country and his religion: though not himself of the national church,
+most Scottish names are appended to the first subscription for his
+stipend.
+
+The co-operation of the various bodies was not prevented by their
+differences. Of the first annual meeting of the wesleyan mission, Mr.
+Bedford was president, and the whole community joined in the support of
+a bible society, the first religious institution of the colony.
+
+The missionaries who fled from Tahiti a second time, formed at Sydney a
+bible society, under the patronage of Macquarie, and transmitted a
+considerable supply to the care of Mr. Knopwood. In return for the
+liberal gift, an auxiliary was formed, of which Messrs. Birch and Dry
+were the lay officers. The meeting held in May, 1819, contributed L100
+on the spot: L300 during the year. This munificence was avowedly for the
+credit of the settlement. Not only did the institution unite all sects,
+but it was the first instance of friendly co-operation between the
+emigrant and emancipist classes.[132] Among the contributors were twelve
+who, giving 5s. each, designated themselves the "members of the free and
+accepted masons of St. John's Lodge, Hobart Town." An early general
+meeting of the society was an example of dispatch: the governor took the
+chair, the report was read, the resolutions passed, and the meeting
+dispersed within ten minutes. With such celerity were pious labors
+finished in those days.
+
+The erection of the archdeaconry in favour of the Rev. W. Scott, in
+1824, was the result of his visit to the colonies, as secretary to
+Commissioner Bigge, whose reports were attributed to his pen. His
+alleged hostility to the emancipists excited resentment, and detracted
+from his usefulness. When delivering his charge at Hobart Town, the
+governor required the attendance of all officially connected with the
+government, whatever their faith. New South Wales was within the diocese
+of Calcutta, but the relation was nominal; yet the newspapers did not
+think a visit from Bishop Wilson improbable.
+
+The Rev. John Youl, formerly a missionary at Tahiti, was the chaplain of
+Port Dalrymple. His labors were divided between George Town and
+Launceston, and until his arrival no clergyman had ever visited the
+northern districts of the island.[133] In 1819, he made a tour, and
+baptised sixty-seven children, and married forty-one couple; many of
+whom were recognised as such before his interposition.[134] He was
+accustomed to call his congregation together by the sound of an iron
+barrel, which was swung to a post, and struck by a mallet; or he
+announced his arrival by walking through the settlement in his canonical
+dress.
+
+Launceston was destitute of a clerical resident until 1824, when Mr.
+Youl returned with the establishment from George Town. The people were
+sometimes weeks without a service, and three years without a clergyman.
+Shortly after, during a visit of the governor, the church was crowded;
+an event said to be unparalleled in the history of Launceston. The
+church was a wooden building of small dimensions: sometimes occupied as
+a court, sometimes as a temporary sleeping place for prisoners;
+sometimes as a stable.[135]
+
+The disposition of Mr. Youl was amiable, and his professional reputation
+unblemished: placed in a station of little promise, he cultivated the
+minds and affections of the young, and discountenanced vices he could
+not extirpate.
+
+The first Roman catholic priest established at Hobart Town, was the Rev.
+Peter Connolly. Less polished than his protestant friend, Mr. Knopwood,
+he was not less genial in his temper: the pastor of a people drawn
+chiefly from the Irish peasantry, he well understood their character. He
+received a grant from the crown, and erected a humble chapel and
+dwelling-house; which he ascribed partly to the charity, and partly the
+penance of his flock. He used a common brush to sprinkle them with holy
+water, and spoke of their faults without much softness or reserve.
+Occasionally an execution required his services at Launceston, otherwise
+a place long overlooked by the priesthood.[136]
+
+The return of the Sabbath was unattended in the country with a religious
+welcome. Many employed their time in hunting: the more scrupulous in
+visits, and the profane in labor or intemperance. A gentleman, now
+distinguished among the wesleyans, was found by his neighbour ploughing
+by the road side on Sunday morning: both himself and his men had
+forgotten the day. Yet at the houses of all, a minister of religion, of
+any name, met a cheerful entertainment and a willing audience. Whether
+that the presence of an intelligent stranger is itself a grateful
+interruption to rural solitude, or that the miseries resulting from sin
+were too apparent for dispute, the utility of religion was never openly
+questioned; and it is certain, that few people were less inclined to
+reject the instructions, or to affront the ministers of religion.
+
+FOOTNOTES:
+
+[Footnote 121: _Collins_, vol. i. p. 498.]
+
+[Footnote 122: _Life of John Mason Good._]
+
+[Footnote 123: _Holt_, vol. ii. p. 97.]
+
+[Footnote 124: _Bigge's Report_, p. 104.]
+
+[Footnote 125: _Works_, vol. ii. p. 44.]
+
+[Footnote 126: _Reid's Voyages_, p. 312.]
+
+[Footnote 127: He is thus described by a companion, in the _Hermit in
+Van Diemen's Land_: "The good old gentleman at length warmed with the
+subject, and said in an under tone--'You must come and see Bob at the
+cottage. Yeoix, yeoix: tantivy, tantivy;' to which friendly invitation I
+immediately assented."]
+
+[Footnote 128: The following is a discourse delivered by Captain Nairn,
+and by its constant repetition was impressed upon the memory of the
+relator. Captain Nairn would stand and thus address the prisoners on a
+Sunday morning:--"Now, my men, listen to me. I want you all to get on. I
+was once a poor man like you; but I used to work perseveringly, and do
+things diligently and as such got taken notice of, until I became a
+captain of the 46th. Now, I want you to work perseveringly; do things
+diligently, and that will make you comfortable; and I will assist you,
+that you may have houses for yourselves, and rise up to be equal to me."
+It may be questioned if many sermons of greater pretensions, have not
+been less humane and effectual; and this was often the sole substitute
+for public worship.]
+
+[Footnote 129: These statements are taken from the official papers of
+the mission.]
+
+[Footnote 130: The Rev. Mr. Mansfield continued until 1825. Under his
+care the institutions peculiar to the wesleyans were fully established:
+their _love feasts_, in which they relate the rise and progress of their
+religious experience; their _watch nights_, when they wait in silent
+prayer for the first moment of the new year; their _covenant_, in which
+standing up together they pledge themselves to the service of the
+Almighty.]
+
+[Footnote 131: _Godwin's Guide to Van Diemen's Land._]
+
+[Footnote 132: _Bigge's Report._]
+
+[Footnote 133: Ibid.]
+
+[Footnote 134: _Gazette_, February, 1819.]
+
+[Footnote 135: Eye-witness.]
+
+[Footnote 136: Mr. Fitzgerald, a respectable settler, speared by the
+natives (1831), was carried to his grave by his neighbours; but was
+indebted to a prisoner, sought out for the purpose, for the religious
+rites usual at funerals.]
+
+
+
+
+SECTION IX.
+
+
+On the 19th July, 1823, the British legislature enacted a law for the
+"better administration of justice in New South Wales and Van Diemen's
+Land, and for the better government thereof;" to expire at the close of
+the session of parliament, 1827. The old courts with their military
+functionaries were superseded,[137] and a supreme court erected; whose
+jurisdiction extended to causes, criminal, civil, and ecclesiastical.
+The judges were entitled to the powers and jurisdiction enjoyed by the
+courts of King's Bench, Common Pleas, and Exchequer of England; and to
+enquire into and determine all treasons or other crimes committed within
+the Indian or Pacific Oceans. The military jury of seven officers on
+full pay, were retained; but the court proceeded according to the forms
+of civil tribunals. The trial of civil issues was confided to the judge,
+and two justices of the peace chosen by the governor; the right being
+given to either party to apply to the court for a jury of twelve
+freeholders. The king was authorised to extend trial by jury at
+pleasure. Causes of more than L500, or a less sum with consent of the
+judge, were subject to appeal to the governor of New South Wales; and
+appeals in certain cases were allowed to the king in council. The rules
+of court were authorised by the king. Courts of quarter session, and of
+request for sums under L10, were established. The governor, with the
+advice of a council of five or seven, or the major part of them, was
+empowered to enact ordinances not repugnant to the laws of England. The
+duties levied under former acts were made perpetual, but the council
+were inhibited from imposing a tax, except for local purposes. The
+governor, with one member assenting, could pass any law: or, for the
+suppression of a rebellion, although all might dissent: and the king was
+empowered to enact an ordinance which the council might reject.
+
+It was provided also, that the king might erect Van Diemen's Land into a
+separate colony: confer on the acting-governor, in the absence of the
+governor-in-chief, the various powers conveyed by the act; and, in that
+case, terminate the dependence of the supreme court on the court of New
+South Wales. On these extensive powers the checks provided were the
+requisite preliminary certificate of the chief justice, that the
+ordinances proposed were consistent with the laws of England, or the
+circumstances of the colony; the exposure of these acts on the table of
+the House of Commons; the obligation of the governor to show cause for
+the act passed in defiance of his council; the prohibition of direct
+taxation, except for local purposes: guarantees of little value at the
+time of their adoption, but rendered of greater importance by the growth
+of freedom in the empire at large.
+
+The act of parliament did not pass without animadversion and discontent.
+Sir James Mackintosh moved that a jury of twelve should be substituted
+for the clause constituting a military jury--the most obnoxious portion
+of the bill. In this he was seconded by Mr. Wilberforce, but the
+proposition was defeated by a majority of eleven. Mr. Canning
+recommended a compromise between the friends and opponents of the bill,
+by limiting its duration to five years, and to this the minister
+assented.
+
+The capacity of the colonies to furnish jurors was long a subject of
+debate, Mr. Justice Bent stated, that after full consideration he
+recommended a grand and a common jury, in conformity to the English law,
+and the trial of convicts by the police;[138] but Commissioner Bigge
+pronounced against the scheme, and was confirmed in his opinion by the
+leading colonists of the time. The whole state of society opposed
+serious objections to its adoption, and it was scarcely practicable in
+Van Diemen's Land.
+
+The settlers were generally desirous that Van Diemen's Land should be
+erected into a separate colony. To this, Sorell was opposed. He thought
+the measure premature: tending to augment the expenses of government; to
+deprive the people of the advantages of an appeal to the elder colony,
+and of participation in that more liberal system of government a larger
+community could demand. A public meeting was, however, summoned, and a
+petition adopted by acclamation. The sole dissentient present, Mr.
+Murray, was roughly treated by the petitioners.
+
+The nearer inspection of a chief authority, and the more ample means
+possessed for good, were its advantages; but it occasioned a more rigid
+separation in social life, multiplied offices which might have been long
+confined to the elder colony, and removed too far the governor and
+courts from effectual oversight and appeal. The colony was not
+sufficiently consolidated to oppose a force of public opinion to the
+despotic tendencies of the new constitution.
+
+This petition was forwarded to the king through Mr. Edward Barnard, the
+colonial agent, who owed his appointment to the suggestion of Mr. Bigge,
+and the nomination of Lord Bathurst. His office was not, however,
+political. He was authorised to purchase stores for the local
+government; to give drafts on the colonial funds in exchange for cash;
+and otherwise to assist persons designing to emigrate to this country.
+He received 8 per cent. commission, and a salary until 1839, when it was
+withdrawn. He bore no resemblance to those bold political agents, such
+as Franklin, sent by the American colonists to watch their interests in
+Great Britain.
+
+       *     *     *     *     *
+
+In the early journals the name of Sorell occurs frequently, to
+illustrate the qualities which adorn a ruler, and to point a satire on
+his successor. On his departure a banquet was given him, where, said the
+reporter, "the cup was often replenished, and the flow of reason never
+ebbed." It was observed, that the return freight for merino wool, which
+the colony owed to his care and foresight, anchored beside the
+_Guildford_, that was to carry him home.
+
+Towards the close of Sorell's government, the commerce of the colony was
+assisted by the enterprise of some British merchants. A company was
+formed at Leith, with a capital of L100,000, professing to promote the
+welfare of the colonies, by taking their produce in exchange for
+merchandise. A succession of vessels were dispatched: the first was the
+_Greenock_; among the rest, the _Triton_, Captain Crear. These vessels
+introduced many families from Scotland, whose moral worth and successful
+enterprise have established their families among the chief of the land.
+The shipments provoked the anger, and broke up the monopoly of the local
+merchants.
+
+The administration of Sorell was successful in colonial estimation: his
+habits were familiar without rudeness, and his fine countenance
+attracted the confidence of the stranger. He was accustomed to linger
+about the gate of government house, chatting with the passers by, and a
+slight excuse entitled the humblest ranks to prefer their solicitations.
+The admiration expressed by the settlers for his character, was partly
+the result of their relative positions. He was a dispenser of crown
+favors, and when compelled to refuse an immoderate suitor, he could
+refer his request to the governor-in-chief. The rigour of king's
+commissioner was softened by his official worth: nor is it necessary to
+search for a censure, amidst such concurrence of praise. The settlers,
+to express their regard, agreed to offer Sorell a testimonial of L750
+value. They deprecated his recall by petition[139]--a rare instance of
+popular favor: there was but one dissentient. A request so unusual
+might, perhaps, have been successful, had it not come too late.
+
+On his return to England, he received a pension, which commencing in
+1825, continued until his death--twenty-four years, and amounted to
+L11,500: more than the official salary he received during his government
+twice told. This pension was authorised by the crown, and charged on the
+colonial revenue. Sorell was colonel of the 48th regiment: he died on
+the 4th June, 1848, in the seventy-fourth year of his age.
+
+The aspect of the country at this time was not inviting to strangers;
+but the current of colonisation was set in, and its ultimate
+superiority, compared with all others, became an article of Tasmanian
+faith. On this subject the agricultural societies maintained a war of
+papers. Baron Field, the chief justice of New South Wales, was the
+champion of that country, and dwelt on its vast forests, its wool, its
+boundless pastures and rivers. The president of the Tasmanian
+agriculturists urged all in the defence of Van Diemen's Land, which
+became his position. At that time, protective laws had not furnished
+them with more formidable weapons.
+
+The trials and disappointments of the colonist pioneer, will have been
+long since forgotten. The modern emigrant to Australia can know them
+only in part. He is carried to his destination by a public conveyance,
+at a cost determined by extensive competition. He can have the
+mechanical labor he may need: he can buy the stock, descended from
+European flocks and herds, lower than in their native regions. The
+choice fruit trees, flowers, and plants, which multitudes have combined
+to collect, he can obtain often at a gift. The costly experiments of his
+predecessors have established the rules which preserve his crops from
+destruction, or his folds from disease. There is a market for his
+produce, and a bank for his money; and a school for his children.
+
+A poet, of some celebrity, predicted the fortunes of Tasmania. The
+picture he drew, is no unpleasing prospect for posterity:--
+
+"Now, on my soul the rising vision warms,
+ But mingled in a thousand lovely forms!
+ Methinks I see Australian landscapes still,
+ But softer beauty sits on every hill:
+ I see bright meadows, decked in livelier green,
+ The yellow corn-field, and the blossomed bean:
+ A hundred flocks o'er smiling pastures roam,
+ And hark! the music of the harvest home!
+ Methinks I hear the hammer's busy sound,
+ The cheerful hum of human voices round;
+ The laughter and the song that lightens toil,
+ Sung in the language of my native isle!
+ The vision leads me on by many a stream;
+ And spreading cities crowd upon my dream,
+ Where turrets darkly frown, and lofty spires
+ Point to the stars and sparkle in their fires!
+ Here Sydney gazes, from the mountain side,
+ Narcissus-like upon the glassy tide!
+ O'er rising towns Notasian commerce reigns,
+ And temples crowd Tasmania's lovely plains!
+ The prospect varies in an endless range;
+ Villas and lawns go by, in ceaseless change:
+ And wafted on the gale from many a dell,
+ Methinks I hear the village Sabbath bell!
+ Faith upward mounts, upon devotion's wings,
+ And, like the lark, at heaven's pure portal sings;
+ From myriad tongues the song of praise is poured,
+ And o'er them floats 'the spirit of the Lord!'"[140]
+
+FOOTNOTES:
+
+[Footnote 137: Mr. Samuel Bate, after exercising the functions of judge
+at Port Phillip (1803), returned home, and received the appointment,
+many years after, of inspector of excise, at Port Jackson.]
+
+[Footnote 138: _Par. Pap._ 1812.]
+
+[Footnote 139: The following may be considered almost unparalleled in
+the history of modern colonies, and in this has never been repeated. The
+government of Sorell was rather patriarchal than despotic; and compared
+with the mass of newly arrived emigrants he was the old inhabitant. Many
+who had never seen official men, but at an awful distance, were charmed
+with the affability and kindness of the governor, and his recall seemed
+the withdrawal of a liberal patron:--
+
+"AT A PUBLIC MEETING of the Landholders, Merchants, and Free Inhabitants
+of Van Diemen's Land, by public advertisement assembled, at the Court
+House, in Hobart Town, the 30th day of October, 1823, JOHN BEAMONT,
+Esq., Provost Marshal of Van Diemen's Land, in the chair;
+
+"Resolved--(Moved by Edward Abbott, Esq. junior, seconded by James
+Gordon, Esq.)--That in the present state of this colony, that union of
+wisdom and experience, which his Honor Lieutenant Governor Sorell has on
+every occasion so strikingly exhibited, is most essential to our general
+and individual interests. It becomes therefore of the very utmost
+importance to us, that in any contemplated changes, as to this colony,
+Lieutenant Governor Sorell may not be removed from his present
+government; inasmuch as no successor, whom it may be the pleasure of his
+Majesty to appoint, can be possibly expected to bestow all that general
+and individual attention to our wants and wishes, and to be able,
+satisfactorily and advantageously, to encounter any difficulties which
+may occur, without a considerable lapse of time, and much probable
+encreased inconvenience; while from the steady, calm, decided, and
+experienced judgment of his Honor Lieutenant Governor Sorell, we have
+every reason to hope for the most prosperous continuation of his present
+successful administration.
+
+"2nd. Resolved--(Moved by A. F. Kemp, Esq., seconded by F. Dawes,
+Esq.)--That a most dutiful Address be presented to his Majesty, grounded
+upon the preceding resolution; and that a committee of fifteen gentlemen
+be appointed to prepare the same, and to carry into effect the object of
+the present meeting, in such manner as shall appear most proper and
+expedient.
+
+"3rd. Resolved--(Moved by T. G. Gregson, Esq., seconded by W. A.
+Bethune, Esq.)--That the Address, when signed, be forwarded with the
+least possible delay to Edward Barnard, Esq., our colonial agent in
+London, requesting that gentleman to adopt the necessary measures for
+forthwith submitting it to his Majesty's most gracious consideration,
+and to use his utmost endeavours to obtain the object of the same.
+
+"4th. Resolved--(Moved by R. L. Murray, Esq., seconded by J. Gordon,
+Esq.)--That a subscription be forthwith entered into, to defray the
+expenses which may arise from carrying into effect the present
+resolutions, and for the purpose of presenting to his Honor Lieutenant
+Governor Sorell a Piece of Plate, in token of our affectionate
+remembrance of the great obligations we owe him, and that such
+subscription be limited to the sum of two dollars, individually.
+
+"5th. Resolved--(Moved by A. F. Kemp, Esq., seconded by J. Archer,
+Esq.)--That H. J. Emmett, Esq. and P. A. Mulgrave, Esq. be requested to
+undertake the offices of treasurers of the subscription, for the
+counties of Buckingham and Cornwall, respectively.
+
+"6th. Resolved--(Moved by T. G. Gregson, Esq., seconded by T. Anstey,
+Esq.)--That a copy of these Resolutions, and of the Address to his
+Majesty, be transmitted to his Honor Lieutenant Governor Sorell, in such
+manner as by the Committee shall be considered most respectful to the
+Lieutenant Governor, and suitable to the occasion.
+
+"7th. Resolved--(Moved by R. Espie, Esq., seconded by J. Gordon,
+Esq.)--That the following fifteen gentlemen do form the committee for
+the purposes before resolved:--
+
+E. Abbott, Esq. jun.
+T. Anstey, Esq.
+J. Archer, Esq.
+W. A. Bethune, Esq.
+F. Dawes, Esq.
+H. J. Emmett, Esq.
+J. Gordon, Esq.
+T. G. Gregson, Esq.
+S. Hood, Esq.
+A. W. H. Humphrey, Esq.
+A. F. Kemp, Esq.
+R. L. Murray, Esq.
+H. Ross, Esq.
+G. F. Read, Esq.
+J. Scott, Esq.
+
+"8th. Resolved--(Moved by J. Archer, Esq., seconded by T. Anstey,
+Esq.)--That these Resolutions, and a copy of the Address to his Majesty,
+be inserted three times in the _Hobart Town_ and _Sydney Gazettes_; and
+in the _Times_, _New Times_, _Morning Chronicle_, and _Courier_, London
+newspapers.
+
+"JOHN BEAMONT, _Provost Marshal, Chairman_.
+
+"The Provost Marshal having quitted the chair, and James Gordon, Esq.
+having been requested to take the same;
+
+"Resolved--(Moved by E. Abbott, Esq., junior, seconded by R. L. Murray,
+Esq.)--That the thanks of this meeting be given to John Beamont, Esq.,
+our worthy Provost Marshal, for the readiness with which he has convened
+the present meeting, and for his able, upright, and impartial conduct in
+the chair.
+
+"JAMES GORDON, _Chairman_."]
+
+[Footnote 140: _Australia; with other Poems._ By T. K. Hervey, London,
+1824.]
+
+
+
+
+HISTORY OF TASMANIA.
+
+FROM 1824 TO 1836.
+
+
+
+
+FROM 1824 TO 1836.
+
+
+
+
+SECTION I.
+
+
+George Arthur, Esq., fourth Lieutenant-governor of Van Diemen's Land,
+arrived in the _Adrian_, on the 12th May, 1824. Formerly superintendent
+of Honduras, he was extensively known as an officer of inflexible and
+energetic disposition: his administration had occasioned considerable
+debate, and was the subject of parliamentary and judicial enquiries.
+Honduras, an establishment on the American coast, was occupied by
+adventurers from Jamaica. At first interlopers, their presence was for a
+time unnoticed by the Spanish crown. A hundred years were passed in
+unavailing protests and opposition, when the court of Spain reluctantly
+recognised the location of the cutters of logwood within its undoubted
+territory.
+
+In 1814, Arthur was appointed superintendent by the Duke of Manchester;
+at the same time he received from General Fuller the government of the
+troops in the following words: "I do hereby constitute and appoint you,
+the said George Arthur, to command such of his Majesty's subjects as are
+now armed, or may hereafter arm for the defence of the settlers at the
+Bay of Honduras; you are, therefore, as commandant, to take upon you the
+care and charge accordingly." In virtue of these appointments he claimed
+both the military and civil command, until he quitted the settlement in
+1822.
+
+In 1820, Bradley, an officer stationed at Honduras, was promoted to the
+rank of lieutenant-colonel on full pay, and knowing that the regiment of
+which Arthur was colonel (the York Chasseurs) was disbanded, he
+considered himself entitled to the military command, by the seniority of
+rank, according to the rules of military service: he refused to
+acknowledge longer the authority of Arthur, or to attend a council of
+officers to which he was summoned. Arthur instantly caused Bradley to be
+arrested, and his sword taken from him; and he was detained a prisoner
+for seventy-three days.
+
+An account of this transaction was transmitted to Jamaica, when General
+Fuller, the superior officer, ordered the colonel's liberation; but
+forwarded to the authorities in Great Britain a statement of the
+dispute. The conduct of Colonel Bradley was deemed inconsistent with
+military subordination: he was dismissed from the service without trial;
+he was, however, allowed to dispose of his commission.
+
+Colonel Bradley instituted an action against Arthur for false
+imprisonment: his counsel was the present Lord Brougham: Arthur was
+defended by the law officers of the crown. There were two questions to
+decide: whether the arrest was legal, and then whether unnecessary
+hardship had been endured by the plaintiff. The jury, considering that
+Bradley's detention was unnecessarily prolonged, gave him damages to the
+amount of L100. The appointment of Arthur to the government of this
+country withdrew him from the effect of a legal process, and when
+Bradley appealed against what he deemed the injustice of his evasion, he
+was told that he could await his recall. Colonel Bradley next published
+a statement, that General Fuller had antedated Arthur's commission as
+commandant, thus to justify the measures he had taken: a charge
+amounting to forgery. A criminal information was filed against Bradley:
+he was found guilty, but was not brought up for judgment.
+
+It was decided by the judges that Bradley was mistaken, and that
+Arthur's title to command was regular and valid. Bradley, however,
+continued to maintain that he was the victim of a deep conspiracy, by
+which Arthur was rescued from the consequences of usurpation. It is
+certain that Bradley was ruined.
+
+The judges, in pronouncing a decision on Bradley's appeal against the
+verdict of justification which Arthur obtained, in reference to the
+arrest, set aside the rules and regulations of the service. Their
+judgment was built merely upon the absolute discretion of the crown in
+the distribution of military command: they inferred that the approval of
+Arthur's proceedings and the dismissal of Bradley, were sufficient
+evidence of the royal will.[141]
+
+This was not the only charge exhibited against Arthur. In Honduras,
+slavery existed in its foulest forms.[142]
+
+Colonel Arthur obtained the countenance of an important class of
+politicians, by the compassion he expressed for the negro race, and his
+exposure of the connivance of magistrates at the cruelty of masters. He
+minutely described the sufferings of several women of color in his
+despatches to the secretary of state; and especially denounced that
+atrocious bench, which admitted a plea of ownership in justification of
+the crime of maiming. The details given by Arthur fully justify his
+interference, and the enmity of a people by whom they were tolerated
+inflicted no disgrace. Thus a mistress, whose careless severity injured
+the eye and severed the ear of a negro woman, pleaded the rights of
+property, and the magistrate admitted the defence, although the
+character of the sufferer was unimpeached. In flogging, the owners often
+stripped off the lower clothing of the female slaves, threw them on the
+ground, and fastened their limbs to stakes.[143]
+
+Wilberforce and Stephen, the great advocates of slave liberation, who
+possessed influence with the executive, considered Arthur a valuable
+coadjutor in their glorious cause, and were supposed to pardon the
+arbitrary spirit of his government for the sake of his philanthropy.
+This evangelical alliance was a standing subject of reference and
+criticism.
+
+It may be proper to notice the moral state of this colony on Arthur's
+assumption of office. The meeting which adopted a farewell address to
+Sorell, authorised a similar compliment to Arthur on his accession. It
+was couched in the language of cold respect: parting reluctantly with
+their late governor, the people were less disposed to welcome his
+successor. The reply of Arthur was not less formal and cold: he took
+occasion to express his conviction that the moral example of the free
+population was essential to the improvement of a class less favored; and
+that while employing his authority for the general welfare, he was
+resolved to maintain the rights of the crown. Such sentiments and
+purposes were just; but scarcely likely at that moment to be heard with
+pleasure. The good sense of Sorell discountenanced the excesses of vice,
+but the moral standard of England he had not attempted to raise. The
+domestic circumstances of Arthur were more favorable to his authority as
+a censor; and happily for our ultimate welfare, he resolved to
+discourage violations of social decorum. Many settlers, whose rank in
+life made them unwilling to contract lawful marriages with prisoners or
+their offspring, were surrounded by a numerous race. Their example
+affected those in stations beneath them. To arrest this domestic evil,
+was doubtless the duty of Arthur; but it was not always performed with
+consideration. Many were unable to marry; but were unwilling to abandon
+connexions sanctioned by the circumstances of the colony and the habits
+around. They were placed under a ban: the favours of government were
+denied them. Such as were in subordinate offices were dismissed; and
+however lasting the utility of this rigour, its immediate consequence
+was irritation, resistance, and contempt.
+
+The state of the prisoner population, though considerably ameliorated by
+Sorell, was far from satisfactory. Left much at their own disposal from
+the hours of labor till their return, they were masters of that portion
+of their time most suitable for dissipation and crime. The extent of
+their depredations, and the deliberation with which they were performed,
+indicated an extensive confederacy. The subordinate police, prone to
+connive with offenders, was ill-regulated and insufficient. Goods were
+carried off in masses: bags of sugar and chests of tea were abstracted
+from the stores; cart loads of property were swept off at once. The
+habits of the populace were daring, profane, and intemperate; and to
+coerce such materials into order, required the utmost vigour and
+discretion.[144]
+
+The chief justice, John Lewes Pedder, Esq., brought from Great Britain
+the charter of the supreme court, which was proclaimed in the
+market-place on the 7th May, 1824. On the 24th of the same month, the
+court opened for business, and Joseph Tice Gellibrand presented his
+commission as attorney-general. In his opening speech he declared his
+resolution to adopt the maxims of the illustrious Hale. He eulogised the
+jurisprudence of his country, and especially trial by jury; but the
+military uniform which appeared in court, if it did not lesson its
+utility, deprived the institution of its grace.
+
+The first person tried was named Tibbs, for killing a negro, who while
+watching for thieves was himself taken for a robber. Though not a
+constable, he found pleasure in detecting the crimes of others, and had
+in some instances succeeded. He fell a victim to this singular passion:
+he was haunting the premises of a settler, by whose servant he was
+slain.
+
+The first prosecution for libel was at the instance of Mr. R. L. Murray.
+This gentleman, formerly a captain in the army, had been transported for
+bigamy. At an early age, while stationed in Ireland, he became
+acquainted with a presbyterian lady, and was married to her according to
+the rites of her faith. Considering himself trepanned, he came to the
+conclusion that the ceremony was void, and subsequently espoused
+another. Twenty years after, he was prosecuted; but not at the instance
+of the parties more immediately concerned. In an appeal to the British
+nation, published at the time, he ascribed the charge to malice; and he
+made several unsuccessful efforts to obtain the reversal of the
+sentence. In the opinion of eminent counsel, the ceremony was invalid;
+and many years after, the judges decided that the marriage of a
+presbyterian and an episcopalian in Ireland, could only be celebrated by
+a clergyman of the establishment. Sir Samuel Romilly and Mr. Whitbread
+called the attention of the Commons to the extreme severity of the
+sentence, and were resisted by the ministers with party warmth.[145]
+
+Murray was educated at Westminster and Cambridge; and had spent twenty
+years in the service when his commission, as captain in the Royal Waggon
+Train, was declared forfeited. After residing some time in New South
+Wales, he settled in this island: his extensive experience and literary
+talents procured his admission to the limited society. Having adopted
+the opinion that an independent colonial government would not add to the
+freedom or prosperity of the colony, he opposed the petition. The
+committee for its promotion set up a placard, which referred to the
+history of the dissentient, and exposed themselves to a criminal
+prosecution.
+
+The establishment of a court seemed to be the signal for an outbreak of
+disorder and violence. Many prisoners escaped from confinement, and for
+a long period a succession of depredators alarmed and pillaged the
+colony. The settlers promptly tendered their assistance to the
+government, to garrison the towns or scour the bush. Their assistance
+was chiefly valuable for the moral support it afforded, and its
+influence on the minds of the labourer in bondage. The exploits of the
+bushrangers properly belong to the history of transportation, and are
+related in Vol. ii. p. 194. The terrors they spread retarded the
+occupation of the country, and joined with the assaults of the natives
+made the life of a Tasmanian farmer one of considerable danger. At this
+time the remote estates were guarded by soldiers: loop-holes pierced the
+walls; fierce dogs were stationed as sentinels; and the whole strength
+of a district was sometimes employed in pursuit. Few settlers have
+escaped assault and loss. Many families, who in Great Britain thought of
+an armed robber only with feelings of terror, by long familiarity with
+scenes of danger, acquired a cool courage, which would not dishonor a
+soldier by profession. The unsparing sacrifice of the robbers captured,
+gradually terminated the practice of bushranging, and the colony enjoyed
+a long season of comparative repose.
+
+The duties, levied first by the authority of the governor-in-chief, and
+afterwards sanctioned by parliament, were collected by the Naval
+officer, who received 5 per cent. on the amount: he also performed the
+duties of treasurer. Dr. Bromley, the surgeon of the first fleet,
+subsequently made seven voyages to the colonies, when he obtained the
+appointment. The infrequent examination of the accounts, exposed the
+treasury to undetected pilfering, and the colony to loss: in 1824, a
+large defalcation was discovered, which, ascertained by a jury of
+merchants, amounted to L8,269. They recommended the defaulter to the
+lenient consideration of the government, as the victim of others. Dr.
+Bromley had been subject to the daily peculation of servants, and robbed
+of cash and plate, to the value of L500, at once. His integrity was not
+impeached: the public business, however, had been conducted without
+check. The per centage was abolished, and the offices of treasurer and
+collector separated, and confided to Mr. Jocelyn Thomas and Mr.
+Hamilton.
+
+The admission of goods liable to customs had been lax. The new settler
+landed his rum duty free, when intended for his own use; but smuggling
+was carried on to a large extent, and the protection of the revenue
+required a more severe supervision. The rigour was not always exercised
+with courtesy; and the vallise of Mr. Edward Lord, formerly
+acting-governor, was detained by the naval officer, with some
+expressions of indignity.
+
+The merchants were deeply offended by the imposition of a duty at Hobart
+Town, higher than was fixed by Brisbane at Port Jackson, as injurious to
+their trade; and that duties levied prior to landing, were sometimes
+imposed on wines never actually delivered. They requested that the
+charges might be equalised with the other port, and that the excess
+already taken should be restored. In reply, Arthur not only refused to
+entertain the petition, but vindicated with great ardour the conduct of
+Hamilton, as a traduced and excellent public officer. Such was the
+answer to the merchants who complained of excessive and unequal imposts.
+Dissatisfied with the reply, they required the sheriff to call a public
+meeting, to address the governor-in-chief, the colony being still a
+dependency. This the sheriff, Mr. Dudley Fereday, declined, complaining
+that his honor Colonel Arthur was not mentioned in the requisition, and
+the object of the meeting not sufficiently defined. A meeting was
+therefore called to reprobate the ignorance and presumption of the
+sheriff; but the dispute ended without any other practical consequences
+than a wide impression that the government was despotic and
+contemptuous.
+
+A more important variation between the colonies was displayed on the
+question of trial by jury. The magistrates of New South Wales were
+required to shew cause for the non-issue of a precept to the sheriff, to
+summon a jury. The rule _nisi_ was made absolute. Chief Justice Forbes
+decided that the magistrates derived their commission from the king, and
+not the parliament; that their functions and obligations were settled by
+common law; were not mentioned, and therefore not taken away by the act.
+The petty session thus traced its existence to the royal commission: the
+supreme court to the parliamentary law.
+
+When the report of the determination by Judge Forbes reached this
+colony, Mr., now Sir Alfred Stephen, brought the question before the
+court in a similar manner. He argued that it was the duty of the court
+to construe the act of parliament in a form the most favorable to the
+subject. On the other side it was maintained, that the colony was too
+small to furnish civil juries, and the parliament had superseded them.
+The act itself which instituted the military jury for the supreme court,
+and gave civil juries in civil cases, left the extension of the
+practice to the royal discretion alone.
+
+Judge Pedder, in giving judgment, stated that according to the practice
+previously in the colonies no civil juries had been known, and the act
+of parliament which conferred trial by jury did not give a common one,
+but retained the military jury. On the whole he was of opinion that
+parliament had overruled common law, and taken away trial by jury,
+except as provided by the act, or extended by the king.
+
+Thus, while Judge Pedder ruled that the petty juries were illegal, at
+New South Wales they were sitting under the sanction of the then
+superior authority. That the decision of our supreme court was a more
+correct interpretation of the intentions of parliament, is scarcely to
+be doubted; but the words of the act did not necessarily extinguish a
+common law right, and the intention of legislators is not law. The
+decision of Forbes was more agreeable to Englishmen, though scarcely
+compatible with the condition of the country.
+
+The treatment of Mr. Gellibrand, the attorney-general, who was dismissed
+from his office by Arthur, for unprofessional conduct, excited great
+interest in the legal circles of Great Britain. The disagreement sprang
+chiefly from a trial, Laurie _v._ Griffiths, characteristic of the
+times. The plaintiff sued for damages for the illegal capture of a
+vessel of 12 tons, of which he was the owner and master. The vessel,
+called the _Fame_, was found by the brig _Glory_ in Twofold Bay.
+Griffiths, the owner of the _Glory_, invited Laurie on board, and made
+him prisoner. He then boarded the _Fame_, deprived her of charts and
+compass, and amidst the shouts of his seamen fastened her to the tail of
+the _Glory_. In this condition she was carried triumphantly towards
+Launceston; but a storm arising, the _Glory_ encumbered by the _Fame_,
+cast her adrift, when she was exposed to great danger. The prize-master
+ran her on shore, and the party wrecked, after fourteen days journey
+through the woods, reached George Town. The justification pleaded was
+that the plaintiff had conveyed prisoners from Port Jackson, and was
+liable to forfeiture; that he had embarked in an unlawful voyage, and
+intended to visit Launceston to circulate forged paper. No proof of
+these assertions was offered, and the jury granted L460 damages; a
+verdict which the government found no occasion to disturb.
+
+Mr. Gellibrand, upon the close of the action, was called to account for
+mal-practice. Mr. Dawes, an attorney, presented a statement to the
+governor, which was forwarded to Judge Pedder, who returned it as not
+within his province. Mr. Alfred Stephen, therefore, brought the
+complaint formally before the court, and moved that Gellibrand should be
+struck off the rolls. The main question was this: whether a barrister
+holding a general retainer could, without license, advise the opposite
+party, or whether he could draw pleas for both. It was maintained by Mr.
+Stephen, that the practice was dishonorable and dangerous: in the early
+stages of a cause facts might become known to a barrister, which would
+make him a formidable antagonist to his former client. He asserted that
+whether the practice were common in England or not, it was detestable;
+and if allowed, would compel him to relinquish the profession, "or seek
+an honorable pittance elsewhere."
+
+In the case of Laurie _v._ Griffiths, Mr. Gellibrand had drawn the pleas
+for the plaintiff, and afterwards acted officially against him; he,
+however, transferred the fee he received to Mr. Stephen, when he was
+compelled to relinquish the cause. The profession, almost unanimously,
+asserted that the custom of the English bar warranted the practice of
+Gellibrand. The judge stated that he was not concluded by the custom of
+the English bar, and that the court might treat as a contempt a practice
+tolerated at Westminster: he considered the custom pernicious, but
+dismissed the case, and left the governor to act for himself.
+
+The appeal of Mr. Gellibrand to the profession perfectly vindicated his
+conduct. It was found that the first counsel in England often acted
+against a retaining client, and sometimes drew pleas on both sides.
+Thus, in a question of a right of way, the same counsel drew the
+declaration, the plea, and the replication. However objectionable at
+first sight, where legal technicalities are so fatal to even a right
+cause, it would be no small hardship were an opulent person permitted to
+engross the legal talents of an island, and exclude his antagonist from
+the possibility of obtaining justice. The excitement occasioned by this
+dispute was of long continuance, and motives were freely imputed.
+
+Although the chief justice dismissed the motion of Mr. Stephen, the
+governor determined to press the charge, and appointed a commission of
+enquiry. Additional matter was urged: it was said that Gellibrand
+advised a client to enter an action against a magistrate, whom his
+office might oblige him to defend, and that his intimacy with Mr.
+Murray did not become his relations with the government. Mr. Sergeant,
+now Judge, Talfourd regretted that by quitting the commissioners
+appointed by the governor, he had damaged his case. The crown had a
+right to dismiss; but he was clearly of opinion that the proceeding of
+the local officers was the effect of either "malice or mistake." The
+charges of professional malversation he pronounced too absurd for
+notice; that the practice was not only allowable but often imperative.
+
+Mr. Stephen, on his passage to this colony was involved in a quarrel,
+which ended in an assault. On his action he obtained L50 damages. His
+bill of costs, twice that amount, was published, to contrast with the
+professional scruples which inspired his opposition to Gellibrand. This
+bill consisted of one hundred and twelve items, among which the
+following: "to instructions for replication," "for brief," "retaining
+fee." Many other such payments of self to self, passed the taxing of the
+master. After paying actual expenses, Mr. Stephen, however, handed the
+surplus to a chanty.
+
+The master of the supreme court arrived in October, 1824. This gentleman
+was the brother of the late William Hone, a party writer of great
+celebrity, whose opinions in early life were extreme, both in reference
+to politics and religion. For publishing parodies, which employed the
+language of the _Common Prayer_ as a vehicle of political complaint, he
+was tried by Lord Ellenborough. His fame was greatly increased by the
+pertinacity and skill of a successful defence. He afterwards wrote the
+_Day Book_, a work of ability and research; and in the last years of his
+life he embraced the faith, and died with the reputation of an ardent
+christian. Joseph Hone, Esq. succeeded Mr. Gellibrand. The uniform
+gentleness of his character has been respected by the press: he is
+mentioned only to be praised.
+
+The arrival of General Darling was a time of festivity: he proclaimed
+the independence of the colony on New South Wales, December 3, 1825.
+While present, he was entitled to govern; but when he set sail, Arthur,
+who had been addressed as "Your Honor," assumed the authority of
+governor-in-chief, and, responsible only to the home-office, became "His
+Excellency." The colonists were less delighted with the possession than
+the prospect of a chief governor; although the spirit of General Darling
+was not more favorable to the enlargement of their liberties.
+
+The legislative and executive councils were appointed, consisting of
+officers of the government: among them, it is said, a relative of
+Spencer Perceval, the statesman. He had been nominated to an office in
+this colony, but he never arrived; his name is, however, second on our
+first list of legislators.
+
+The division of the island into police districts, subject to a
+stipendiary magistrate (1827), brought the prisoner population under the
+more direct control of the government. It was a great improvement in the
+internal discipline of the colony. Gentlemen, themselves masters, were
+liable to the bias of a position full of vexation and disappointment,
+and less favorable to a cool and impartial administration of justice.
+The executive revised their sentences, and thus reflected on their
+judgment. Nor were they willing always to spare the time required by a
+patient investigation, or to distinguish between a frivolous and a
+proper defence. Some curious examples of magisterial equity are often
+told: one rose from the bench, when he heard his waggon in the street,
+and delivered his sentence in his progress towards the door--"I can't
+stop: give him fifty." A cattle stealer owed his life to the same
+impatience of enquiry: before the charge was half investigated, the
+magistrate said, "give him fifty"--an easy compromise with the hangman.
+A reverend gentleman met a party of men brought up for disobedience: he
+sent them back, with "ah, well, give them five-and-twenty all round." It
+was common to send a note with the man whom it was intended to punish:
+he was flogged, and sent back. A man, suspecting the contents of such a
+missive, gave it to his fellow-servant, who was flogged in spite of his
+protests. Another, who had been on a similar errand before, returned
+next day to his master, complaining bitterly of his suffering; but he
+had destroyed the note and eluded the triangles. Such eccentricities of
+justice could not last beyond the rudest era.
+
+The site of the capital narrowly escaped a second change. The
+commissioner, Mr. Bigge, considered that the seat of government should
+be fixed nearer to the source of the river Derwent. Brighton was
+nominated the destined city, close to an extensive and fertile country,
+and within easy access to the interior. Arthur was instructed to
+determine this question. Its chief inducement was the removal of the
+prisoners from the temptation of the port; but property was already
+invested to a large amount. The merchants strongly opposed the transfer.
+The division of the government from the chief population would have
+destroyed its moral influence. Arthur did not press the project, and
+during a conference with the merchants and other principal inhabitants,
+discussed the question with courtesy. On the whole, the measure was
+impolitic, and finally abandoned.
+
+The uncertainty for some time obstructed the progress of the place.
+Launceston was still more unfortunate. When York Town was abandoned as
+the chief settlement, Paterson removed his head-quarters to Launceston;
+but on the visit of Macquarie he determined to constitute George Town
+the northern capital. The superior convenience of a spot at the head of
+the river to one forty miles distant, gave Launceston the mercantile
+preference. Macquarie maintained his project to the last; but the
+opinion of Mr. Bigge determined the dispute in favor of Launceston, and
+the head-quarters, in 1824, were removed finally from George Town.
+
+A fatality has seemed to attend the selection of chief townships in the
+colonies. Sydney is a second choice, Hobart Town a second, Launceston a
+third, Melbourne a second. New Zealand has experienced the same vexation
+and losses which proper surveys might easily avoid. The general
+government can have no sinister interest in these changes, but those who
+foresee and promote them may largely gain.
+
+The principal objection to Launceston was the navigation of the river,
+which was dreaded by vessels of tonnage; but its reputation was worse
+than its dangers. Lighters, and even rafts, were employed to discharge
+ships which would now approach the wharves. The _Aguilar_, Captain
+Watson, spent several months at George Town, and charged the detention
+on the river. This was resented by Arthur, who stated that the master
+had dispatched the mate and seamen on a sealing voyage, and loitered for
+the purpose of traffic; and sought to excuse the delay by defaming the
+port.[146]
+
+FOOTNOTES:
+
+[Footnote 141: _Barnwell and Cresswell's Reports._]
+
+[Footnote 142: An obscure publication appeared at Jamaica in 1824,
+designated a _Defence of the Settlers of Honduras_: a work intended to
+refute the imputations on which his anti-slavery policy had been
+justified. Whether the book itself really existed, or the passages
+professedly extracted from it deserve any credit, is questionable: the
+authority being an opposition paper.]
+
+[Footnote 143: Colonel Arthur's letter to Lord Bathurst, 1820.]
+
+[Footnote 144: The disorders of this period will be found described in
+vol. ii, of this History.]
+
+[Footnote 145: _Appeal to the British Nation._ By R. L. Murray, Esq.:
+London, 2nd edit.]
+
+
+
+
+SECTION II.
+
+
+The newspapers of this hemisphere were long mere vehicles of government
+intelligence, or expressions of the views and feelings of the ruling
+powers. A censorship established from the first issue, was rigorously
+exercised, and the founder of the Australian press spoke of its
+vexations to the end of his life, with horror and tears.
+
+This was George Howe, a Creole of St. Christopher. He arrived in New
+South Wales in 1800: with the sanction of Governor King, he obtained
+material from Great Britain, and sent forth the first-born of the
+Australian press, named the _Sydney Gazette, and New South Wales
+Advertiser_, on the 5th March, 1803. The conduct of a periodical was a
+work of toil and anxiety: the default of material, the paucity of local
+intelligence, the vices of the prisoner workmen, and the jealousy of the
+authorities, severely tried the industry and patience of the intrepid
+printer. He continued his toil until his death, having kindled the
+unextinguishable torch of a free press, and taken his rank with the
+benefactors of mankind.
+
+Sir Thomas Brisbane at first relaxed, and then removed restrictions from
+the press. In 1823, he permitted the discussion of colonial affairs, and
+in the month of October, 1824, the colonial secretary informed Mr. Howe
+that he ceased to be amenable, except to the courts of law.
+
+Malice or humour, in the early days, expressed itself in what were
+called _pipes_--a ditty, either taught by repetition or circulated on
+scraps of paper: the offences of official men were thus hitched into
+rhyme. These _pipes_ were a substitute for the newspaper, and the fear
+of satire checked the haughtiness of power.
+
+The _Hobart Town Gazette_,[147] established by Andrew Bent, the first
+permanent newspaper, was under the immediate patronage and control of
+the government, and Mr. Emmett was the first official editor. The
+articles were brief, mild, and complimentary: they represented the views
+of the ruler; perhaps, at that time, also of the people.
+
+On the arrival of Colonel Arthur, Mr. Bent determined to throw off
+official supervision, and claimed a property in the title of the
+_Gazette_. The partnership between him and the government was not very
+distinct. Money had been lent for the purchase of material, but this he
+was expected to repay. His right to the property, questioned by Arthur,
+was allowed on reference to the governor-in-chief. The editor of Mr.
+Bent's choice was Evan Henry Thomas, Esq. In June, 1824, appeared the
+first article of the press thus set free; and, as the first, is worthy
+lasting remembrance. "We esteem ourselves," observed the writer, "a
+BEACON, placed by divine graciousness on the awfully perilous coast of
+human frailty." "We view ourselves as a SENTINEL, bound by allegiance to
+our country, our sovereign, and our God. We contemplate ourselves as the
+WINNOWERS for the public." He then proceeds--"We desire to encourage the
+cloudless flames of rectified communion," rejecting "each effusion,
+however splendid, of degenerate curiosity and perverted genius--of
+misanthrophic ascerbity and calumnious retrospection." Such were the
+vows and resolutions of the father of journalists. He added, "the duties
+of our typo-graphic province are performed by the proprietor and one
+assistant." Having offered his columns for discussion, a writer of
+considerable colonial fame, R. L. Murray, appeared under the signature
+of "A COLONIST." His letters addressed to Arthur, reviewed his
+government contrasted with that of his predecessor: they were said to
+approach the style of Junius; read in modern times, they may have lost
+much of their spirit. They were, however, offensive to Arthur, and he
+resolved to start another _Gazette_, which should put down opposition.
+
+As the quarrel warmed, Bent grew more daring, and the first _ex-officio_
+prosecution was instituted against him. Rather by implication than
+directly, the lieutenant-governor was charged with attempting to deprive
+Bent of his property; the fraud being defeated only by the superior
+justice of Governor Brisbane. In another paragraph the writer stated the
+_extra martial incarceration_ of Colonel Bradley, taught the colonists
+what might be expected from Arthur's anger. In one of these libels, Bent
+declared that he would not surrender his rights to a "Gibeonite of
+tyranny." The attorney-general ingeniously explained, that though Gibeon
+was a good man, that did not qualify the inuendo. Fox was a friend of
+freedom, but such was not the Foxite of tyranny. In truth, the whole
+discussion is painful to a friend of liberty and justice. It is
+difficult to imagine a less dangerous opposition than such compositions,
+or to account for their prosecution, except as an outbreak of offended
+pride.
+
+In 1825, George Terry Howe had established the _Tasmanian_ at
+Launceston; but the offers of the government drew him to head-quarters,
+and, in concert with Dr. Ross, he became the printer of the _Government
+Gazette_. In this official publication there were articles of news and
+politics; but in 1827, the _Courier_ being established, the _Gazette_
+issued as a separate publication. Mr. Bent complained bitterly of the
+piracy of his title: he, however, soon yielded, and changed the
+designation of his paper to the _Colonial Times_, August, 1825. The
+_Tasmanian_, of Hobart Town, soon followed, and discussed the various
+political questions with moderation and ability.
+
+Arthur resolved to put down the liberty of the press. It had, indeed,
+been asserted that this measure was dictated by Lord Bathurst; but the
+manner in which it was defended by Arthur, identifies his memory with
+the scheme. An act was passed, at the close of 1827, which laid the
+colonial press at his feet. This ordinance appointed a license, subject
+to the will of the governor, and made the continuance of a paper
+dependent on his pleasure: authorised a tax of threepence each, and took
+securities for penalties. Bent was refused a license, and even his right
+to publish an advertising sheet was disputed. He therefore published
+monthly, from the 1st March, 1828, the _Colonial Advocate_; a work of
+considerable merit, and containing much valuable information. It was,
+however, 5s. a number, and not adapted to colonial circulation. The
+_Austral-asiatic Review_, by Murray, also made its appearance in
+February, 1828; and although the publishers of these productions were
+injured by the law, the governor was not the gainer.
+
+It was not to be expected that the colony would quietly submit. An
+address, signed by Meredith and several other magistrates, animadverted
+on the measure with just severity. They declared that the restrictions
+imposed were needless, unconstitutional, and debasing: that they were an
+insult to the colony; contrary to the implied engagements of the crown,
+when emigration was invited. The reply of Arthur asserted, that so long
+as this was a place for the reception of convicts, the press could not
+be free: that it was dangerous to authority, and calculated to destroy
+the security of domestic life. Some opinions expressed by the
+remonstrants, he pronounced presumptuous and unjust. In the controversy,
+the people were successful, as they were nearly unanimous. The law was
+disallowed by Sir G. Murray, and the press set free. However offensive
+the remarks of these writers, to describe their suppression as a measure
+of police, was both disingenuous and absurd.
+
+Alarmed by the threats of prosecution, the author of the "Gibeonite
+libel" presented an apology in the following supplicating terms:--"We
+avow our readiness to preserve inviolate the best and most endeared
+interests of this community; and we trust that, before misanthropy again
+can rally his vituperative legions to assault us, we may re-evince to
+_all_ how staunch is our allegiance, and how sullyless our zeal at the
+post of probity!" The unfortunate printer could not soften his
+prosecutor, and was cast in damages and expenses amounting to L500.
+
+In 1829, Launceston was favored with two newspapers: the _Advertiser_,
+and the _Cornwall Press_. Both started together, and both manifesting
+the spirit of rivals. The _Advertiser_ was the property of Mr. John
+Fawkner. Its opponent belonged to Mr. S. Dowsett, and reached the
+nineteenth number. The following are memorials of their fraternal
+sympathies. The _Cornwall Press_ describes his rival as "an addle-pated
+upstart--a superannuated Zany." His writings "as the frothings of a beer
+cask." "Condescending to notice 5 feet 2-1/4," he remarks, "we dropped
+from our proper elevation." What that might be, it is not difficult to
+conjecture, if the rejoinder is to be credited:--"if he had his right
+place, he would be wearing a leather apron and scouring pewter pots."
+Such were the literary love tokens of those days. It will be seen, that
+the quarrel of Arthur with the press, was continued to the end of his
+administration.
+
+FOOTNOTES:
+
+[Footnote 146: _Gazette_, November, 1824.]
+
+[Footnote 147: "We are indebted to the Italians for the idea of
+newspaper. The title of their _gazettas_ was, perhaps, derived from
+_gazzera_, a magpie or chatterer; or, more probably, from a farthing
+coin peculiar to the city of Venice, called _gazetta_, which was the
+common price of newspapers."--_D'Israeli's Curiosities of Literature_,
+p. 53.]
+
+
+
+
+SECTION III.
+
+
+Captain Dixon, commander of the _Skelton_, came to Van Diemen's Land in
+1820. On his return to England, he published a small volume on the
+capabilities of the country. He suggested the formation of a pastoral
+company, with a capital divided into L100 shares, as a profitable
+scheme. Causes foreign to this enquiry reduced the marketable value of
+money, and awakened a speculative spirit in Great Britain: projects of
+every kind found favour--a madness fraught with insolvency, fraud, and
+ruin. But in the meantime the Van Diemen's Land Company had been formed.
+Men of opulence and prudence, when compared with common projectors, were
+concerned in its origin. They proceeded with caution, and postponed the
+issue of their share list until their plans were laid. Nor did they
+promise a dividend, but as the result of a considerable outlay, and at a
+distant date. Yet they drew a brilliant picture of this colony, and
+delineated in vivid language the riches of its soil, its relative
+position, and its future destinies. "Such advantages," said they, "could
+not long escape the penetration of the British public." It was, among
+their objects, to relieve Great Britain from dependence on foreign wool;
+to improve the quality of the Australian flocks: this object they have
+contributed to accomplish.
+
+They applied to Lord Bathurst for 500,000 acres of land. By his
+countenance they obtained an act of parliament, under which the charter
+of their incorporation, on the 9th November, 1825, passed the great
+seal. By this charter they were authorised to employ their capital in
+cultivation and sheep farming; to lend money on mortgage and to persons
+engaged in fisheries; to undertake public works on security of tolls:
+but they were debarred from banking and commerce.
+
+Lord Bathurst consulted Colonel Sorell: he was favorable to the company;
+but forwarned them that no large blocks of fertile land remained
+unlocated. The company received a grant of 250,000 acres, to be taken on
+the north-west coast in one square block; bounded by Bass's Strait on
+the north; on the westward by the ocean; and by a line drawn from shore
+to shore. After some debate, this land was valued to the company at two
+shillings and sixpence per acre, and the whole quit-rent charged, was
+"four hundred and sixty-eight pounds, sixteen shillings:" redeemable at
+twenty years purchase--L9,575. In the measurement, one-fourth allowed
+for useless land. The employment of convicts entitled the company to
+remission of quit-rent; L16 annually each man.
+
+Mr. Edward Curr, at first the secretary of the company, became their
+agent. Having some time resided in Van Diemen's Land, he had returned to
+England, where he published a book on the state of the country,
+remarkable for its clear narrative and sober delineation. The first ship
+dispatched by the company was the _Tramnere_ (1826), followed by the
+_Caroline_. Some time was lost in selecting the settlement, and Circular
+Head was chosen. On a closer inspection, the district was not found
+encouraging. Near the shore the country is heavily timbered, and the
+high lands towards the westward were found barren and cold. Mr. Curr
+was anxious to bring his line as far possible towards the sun; but the
+governor held him to the literal agreement, under an impression that the
+grant was already improvident and excessive. The whole scheme was
+distasteful to Arthur: a powerful company having interests of its own,
+whose head-quarters were in London, might have been a counterpoise to
+his influence, had it not been pushed to the extremity of an
+inaccessible country. By the oversight or complaisance of Lord Bathurst,
+the rule which made the outlay of capital the condition of a grant, was
+not inserted in the covenant. The public works promised by the
+proprietors were never undertaken, and their establishment was but a
+larger farm than common. They ultimately obtained several blocks of
+land, which gave them command of an intervening country of 150,000
+acres, at Woolnorth; 20,000 at Circular Head, 10,000 at the Hampshire
+Hills, 10,000 at the Middlesex Plains, 150,000 at the Surrey Hills, and
+10,000 at the islands on the coast. The total actual cost, including
+survey, was 1s. 6d. per acre.
+
+The operations of the company were conducted on a liberal scale:
+artizans were sent out. The proprietors were promised a remission of L16
+for men, and L20 for women, on the quit-rent. This was the first
+encouragement of free emigration to this quarter of the world. A road
+was opened with Launceston, chiefly useful to absconders. The
+importation of sheep and horses of great value, was beneficial to the
+country. The sheep of the company cost L30,000 (1830), when they
+exported wool to the value of L2,000. The servants of the company left
+them on the expiration of their engagements: many before. The reports of
+the proprietors eulogised the management of Mr. Curr, and affirmed that
+the moral influence he had acquired rendered his government easy and his
+people contented. They asserted that ardent spirits were excluded: there
+were no police or prison, and none required. These statements varied
+from fact. The company provided no religious teaching for its people;
+and Mr. Curr, a Roman catholic, could not be expected to promote
+heretical creeds.
+
+The losses sustained by the company were great: the cold destroyed the
+stock, and their crops often perished from moisture. On the Hampshire
+Hills many hundred lambs died in a night. Sometimes the season never
+afforded a chance to use the sickle: in the morning the crop was laden
+with hoar frost, at noon it was drenched with the thaw, and in the
+evening covered with dews; and thus rotted on the ground. The agent,
+however, did not despair, and the company anticipated a dividend in
+1834, at the latest!
+
+The company provided a numerous staff; beside the agent, were a
+commissioner, an agriculturist, an architect, and surveyors. Its local
+affairs were confided to a council of three, Curr being the chairman;
+but the divided sovereignty was impracticable, and the "Potentate of the
+North," as he was sometimes called, soon reigned alone.
+
+Servants engaged in Great Britain at low wages, on their arrival often
+escaped from the farms, and exposed the agent to great vexation.
+Sometimes they were pursued, and brought back by force: it was at last
+agreed to cancel their indentures, on repayment of the cost of their
+passage. In 1834, the population on the estate amounted to about 400
+persons, of whom more than 200 were prisoners of the crown.
+
+The New South Wales and Van Diemen's Land Establishment, formed at the
+same time, received a grant of 40,000 acres. They engaged to improve the
+stock of Van Diemen's Land, and introduced valuable horses. Colonel
+Latour was a leading partner; Captain Thomas, speared by the blacks in
+1831, was superintendent of the company's affairs, which however were
+unprofitable for many years.
+
+To these establishments the colony is indebted chiefly for the
+introduction of valuable stock. In this they were rivalled by private
+settlers. Bulls, of the Fifeshire breed, were imported by Mr. Patrick
+Wood; of Normandy, by Captain Watson. Saxon sheep were imported by
+Messrs. Gilles; from the flock of the Marquis of Londonderry, by Mr. R.
+Harrison; by Mr. Anstey, from the flock of Sir Thomas Seabright; by Mr.
+R. Willis, from that of Mr. Henty, of Arundel. Many others might be
+mentioned, but these were in advance of the public companies; and by
+1830, little could be added to the varieties of the fold or the stall.
+
+Among those employed in the Van Diemen's Land Company's service was
+Jorgen Jorgenson, whose adventurous life made him remarkable even among
+vagabonds. He was born at Copenhagen, 1780. After some employment in the
+coal trade, he accompanied the expedition of Flinders; and afterwards,
+as mate on board the _Lady Nelson_, attended the first party to Risdon.
+Having returned to Europe, and become commander of a privateer in the
+service of his country, he was captured after a smart resistance by the
+British ships _Sappho_ and _Clio_.
+
+He obtained, while out on his parole, the merchant ship _Margaret and
+Anne_, to carry provisions to Iceland, where the people were suffering
+extreme privation. On a second voyage the governor, Count Tramp,
+prohibited the intercourse: Jorgenson landed while the people were at
+church, and aided by his seamen took the governor prisoner. He then,
+with extraordinary impudence, issued a proclamation stating that he had
+been called by an oppressed people to assume the reins of government. He
+proceeded to reform its various departments: he lightened the taxes,
+augmented the pay of the clergy, improved the system of education,
+established trial by jury, formed an army consisting of eight soldiers,
+and fortified the harbour with six guns. Having performed these
+exploits, he returned to London in a prize taken from the island. His
+proceedings were already known to the ministry, and he was arrested as
+an alien at large. Jorgenson made no small stir by his appearance among
+legislators and conquerors. After a variety of adventures, in which he
+was often on the borders of crime, he pawned the linen taken from his
+lodging, and was sentenced to transportation. In Newgate he was employed
+as a dispenser of medicine. After four years detention he was released;
+but was retaken, having neglected to quit Great Britain, and transported
+for life. Such is the account he gave of his imprisonment. The penalty
+might have been commuted; but he undertook to write on various subjects,
+and created some trouble; he was therefore forwarded to this colony.
+Here he was chiefly employed as a constable; detected many crimes, and
+brought several to the scaffold. A woman, who had assisted him in
+discovering certain offenders, became his wife; and he was often seen
+fleeing from her fury through the streets. He, however, survived her,
+and at length closed his singular career in the colonial hospital.
+
+Jorgenson made great pretensions to literature. He wrote a treatise on
+religion, and another on the treaty of Tilsit: in this country he
+published a pamphlet on the funded system, and a narrative of his life
+by himself. With a knowledge of the writer, it is amusing to read the
+grave strictures of the London critics, who complained that he bounded
+with amazing rapidity from one subject to another, without leaving a
+trace of his track: now among the stars--then on a steam engine chasing
+infidelity--or pelting atheism with meteoric stones.[148]
+
+FOOTNOTES:
+
+[Footnote 148: Of the fitness of Jorgenson to discuss theological
+questions, the reader may judge from the following passage taken from
+his preface:--"No religion on earth, except the Christian, establishes
+the link of the chain which must necessarily exist between the creator
+and intelligent creature. After consulting history, chronology, the laws
+of mechanism and the laws of nature, as unfolded by observation and
+experience, he discovered that events must have happened nearly at the
+time mentioned, and precisely after the manner described. At length his
+mind was satisfied, that God had made our yoke easy and our burden
+light."--_Religion of Christ the Religion of Nature._ Written in the
+condemned cells of Newgate, by Jorgen Jorgenson, late governor of
+Iceland. Capes, London, 1827.]
+
+
+
+
+SECTION IV.
+
+
+The retirement of Lord Bathurst, and accession of Lord Goderich, gave
+some hope of a change in the form, if not the agents of government. The
+colonist expected much from the improved tone of the English executive;
+but, except the rescue of the press, the sole effect was a reduction of
+British expenditure for the civil government, and in 1827 its total
+cessation.
+
+Mr. Hood, a surgeon on half-pay, had offended Arthur by a letter: a
+_Gazette_ announcement informed him that he was placed under a ban;[149]
+and his name recorded, to prevent his participating in the "favors or
+indulgencies of the local government"--a help to official remembrance,
+which rulers seldom require. Thus official and opposition parties were
+organised: as the distinction became more marked, a social gloom
+overspread the capital. Whispers were heard with jealousy. The
+mercantile class, who alone could defy the government, and who were
+excluded from the "court circles," headed the opposition. "The official
+corps," said a satirical lady, who drew a picture of the times, "are
+punctilious; fearful of compromising their rank; all _etiquette_." The
+entertainments at government-house were ceremonies, rather than parties
+of pleasure. As the servant opened the door, he seemed to say, "you may
+come in, but don't speak." Some more daring spirit would venture a
+remark, as ballast is thrown out to send a balloon above the fogs; but
+caution, like Sancho's physician, interdicted the perilous indulgence,
+and restored the watchful silence. No Dutchman would willingly endure
+the Humdrumstadt on the Derwent, notwithstanding its natural advantages
+and commercial promise--a town without a library, and where the common
+spirit of detraction was exasperated by competition for those favors the
+governor could refuse or transfer. The presence of power was everywhere
+felt, and dreaded wherever it could not be defied.[150]
+
+The close connection and constant intercourse between New South Wales
+and Van Diemen's Land affected the spirit of both governments. Sir
+Thomas Brisbane, whose easy temper and courteous manner rendered him
+highly popular, was superseded by Lieutenant-General Sir Ralph Darling,
+whose administration after the first few months was a perpetual storm.
+The chief justice, inclined to liberal politics, rejected several drafts
+of laws which trespassed on the limits of the constitutional act, which
+he himself had framed at the request of Lord Bathurst. At his dictation,
+the ordinance against the press was less stringent than intended. The
+titles of land, the property of masters in assigned labor, he determined
+against the government. He was considered the tribune of the people.
+Judge Forbes, a Bermudian by birth, was educated in an American college,
+and charged with republican tendencies by those who designed to degrade
+him.[151]
+
+Brisbane was the patron of the turf club. This office was accepted by
+Darling as his successor. He was invited to dine with the members: this
+he declined. Mr. Wentworth, as chairman of the day, made certain
+observations thought personally disrespectful; and when the governor's
+health was proposed, the band struck up, without orders from the
+stewards, "_There is na luck about the house_." Darling, informed of
+these proceedings, withdrew his name as patron. The club passed
+resolutions declaring their approval of Mr. Wentworth's speech. The
+governor dismissed the acting attorney general (Moore), the sheriff
+(Mackarness), and other officials, for their concurrence with the
+majority.
+
+Two soldiers, Thompson and Sudds, to escape from the service, committed
+a theft, and received a sentence in the supreme court. To aggravate its
+rigour, Darling brought them on parade: stripped them of their uniform,
+fixed round their necks collars set with spikes, and loaded their legs
+with chains. In a few days Sudds languished and died: this result, so
+unexpected, was attributed in part to a latent disease of the liver,
+rendered fatal by grief and the pressure of the iron. The affair became
+the subject of parliamentary inquiry. Darling was accused of murder by
+his enemies: he was vindicated by ministers; but although his motives
+were uncorrupt, an arbitrary aggravation of a judicial sentence who
+would seriously approve?
+
+These transactions, together with the "Stamp Act" to check the
+circulation of newspapers, were noticed in the _Australian_ (May, 1827)
+in terms of ironical praise; severe, but not beyond the ordinary license
+of public discussion. On the arrival of Mr. Baxter, the attorney
+general, the proprietor, Dr. Wardell, was prosecuted in the supreme
+court, at the instance of General Darling. Judge Forbes pointed out the
+violent straining of the inuendos, and through his charge led on to an
+acquittal. Although chosen by the prosecutor, the jury were unable to
+agree, and the defendant was discharged. The alleged libel stated that
+the stamp act "would immortalise" General Darling "in the annals of this
+rapidly improving colony, and act as a passport to the admiration and
+grateful respect of posterity." The meaning extracted by the inuendos
+was this: "It would render his memory for ever infamous, and cause his
+name to be hated and detested by future generations." The judge justly
+remarked, that between immortality and infamy there are many steps.
+
+The struggles between the governor-in-chief and the opposition were
+watched in Van Diemen's Land with interest. The same parties existed in
+both colonies; but Judge Pedder did not participate the political
+sympathies of Judge Forbes, and made no pretence to popular applause. To
+those who check the abuses of irresponsible power something is due; but
+when the balance of human infirmity is struck, it will not be always
+found in their favor.[152]
+
+The employment of spies has been charged on Arthur as a chief vice of
+his government--a practice hardly less perilous to the innocent than
+guilty. Shortly before his retirement from office, Mr. Humphrey, the
+police magistrate, was denounced for corruption. Major Honner, who had
+formed a disgraceful connexion with Anne Pope, a prisoner of the crown,
+applied for her assignment to his service: this Mr. Humphrey refused.
+The major then offered to produce evidence against this officer, on
+condition that free pardons were granted to his witnesses, one of whom
+was found to be his paramour. The governor declined to pledge a reward;
+but Honner was assured by a member of the executive that, provided the
+results were satisfactory, his recommendation would be favorably
+considered. He forwarded a letter to the governor, who satisfied that
+the imputation was malicious and incapable of proof, directed the
+prosecution of the accuser. The transaction was unfortunate: the
+negociation indicated that secret informers were tolerated, and that
+pardons might be procured by a successful witness.
+
+Mr. Humphrey, originally a mineralogist, who filled various offices from
+the foundation of the colony, received a pension of L400; but soon after
+died (1829). The governor eulogised in strong language his official
+career.
+
+The recall of Arthur was announced, and the policy of his successor
+gravely debated before his career was midway. "It is a fact," said the
+_Sydney Gazette_, "Colonel Davies is the distinguished individual." "The
+successor of Colonel Arthur," said the _Australian_ (1829), "is placed
+beyond doubt. The appointment of Colonel Gibbs is now certain."
+Clergymen of such names emigrated about the time, and rumour could
+easily supply the rest.
+
+When the constitutional act approached its term, the colonists
+determined to seek not only for trial by jury, but a voice in the
+legislature. A petition adopted by a meeting held in 1827, was confided
+to a deputation, who were instructed to forward it through Arthur, and
+to entreat his concurrence with its prayer. A time was fixed to receive
+them; but when at the government-house, they were met by a blundering
+message, postponing the interview for one hour. Deeming themselves and
+their constituents slighted, they declined a second attendance. Arthur
+published a vindication of himself: he stated that business of great
+importance with Mr. Curr, prevented his examination of the documents; he
+had requested the delay only to prepare himself for the audience, and
+regretted that the colony were deprived of his friendly offices by an
+unreasonable caprice. This paper fell into the hands of the deputation a
+few hours after the vessel had sailed with despatches for the secretary
+of state. They considered this a manoeuvre, contrived to stifle their
+defence; and instantly dispatched a fast sailing boat to pursue the ship
+with an exculpatory letter.
+
+By a circular of Lord Bathurst,[153] still in force, it was announced to
+the colonists that their complaints must pass through the governor's
+hands to the home-office. Duplicates without new matter might be
+forwarded by other channels; but an answer could only be expected on
+the arrival of the governor's report.
+
+The violation of this rule the deputation imputed to the necessity of
+the case; to counteract an attempt of the governor to evade its spirit.
+Their promptitude was unavailing: for his share in the transaction, the
+name of Mr. Gellibrand was expunged from the list of magistrates, by
+Lord Goderich's orders.
+
+The hostility of Arthur to the petition was well understood, and there
+were many others who did not sympathise with its object. Sir John Owen
+presented it to the Commons without a word. The ministers expressed
+their desire to grant free institutions, so soon as the colony was ripe
+to enjoy them, when Mr. A. Baring (Lord Ashburton) remarked that
+colonies are never ripe for free institutions until they get them.
+
+Mr. Marshall, the shipping agent, attempted to form an association in
+London (1828), for the protection of these colonies. All persons,
+commercially or otherwise interested, were eligible for membership. A
+correspondence was projected with the leading colonists, and it was
+assumed the British government would readily attend to representations
+emanating from such a source. The scheme did not obtain the support it
+merited, and the scattered colonial interests could never be combined
+for a joint action. The partizans of Arthur ridiculed the plan, and it
+came to nothing.
+
+The constitutional act, which became law, July 25, 1828, to terminate
+1836, but extended until now, differs in many of its provisions from the
+last. The governor is president, and has a deliberative and casting
+vote. The council is increased from five or seven to ten or fifteen; the
+oath of secresy is abolished; drafts of acts are _gazetted_; a law
+cannot be made by the crown or the governor alone; two-thirds of the
+council must be present; although previous duties are confirmed, no new
+tax can be imposed except for local purposes expressed in the bill;
+ordinances must be conformable to English laws; all statutes in
+operation at the date of the act were applied to the colony, all others
+may be adopted. A member may draft a bill, which the governor must lay,
+_verbatim_, on the council table, with his reasons for refusing to
+propose it. A member may record his protest, and a majority is necessary
+to pass a measure. The members are appointed by the crown, and vacancies
+are filled up by the governor: they must be resident; _ex-officio_ they
+are magistrates. The preliminary certificate of the chief justice,
+required by the former act, is substituted by another clause, which
+compels the council to reconsider a bill declared by the judge repugnant
+to the laws of England, or the act constituting the council.
+
+The British legislature, in criminal cases, establishes a military jury
+alone: challenge is allowed for direct interests, and magistrates may
+act in default of commissioned officers; but in civil actions assessors
+are continued. But the local council is authorised to institute trial by
+jury, under such limitations as may be deemed meet. It is under this act
+of parliament that the colony has seen the jury-box delivered up to
+civilians; but awaits the hour which the law itself foretells, when in
+recognising the ancient principle of representation it records the
+purpose of resuming it, "so soon as the cause shall cease to operate
+which had forbidden its immediate observance."[154]
+
+In transmitting this bill, Sir George Murray explained that by the
+clause which superseded the veto of the chief justice, it was intended
+to avoid a collision of opinion between the high functionaries of
+government. Nothing, however, but the most urgent necessity would
+justify the governor in setting aside his opinion.[155]
+
+FOOTNOTES:
+
+[Footnote 149: April, 1826.]
+
+[Footnote 150: _Letter from a Lady_ (Mrs. Adey), inserted in the
+_Morning Herald_, 1827.]
+
+[Footnote 151: _Mudie's Felonry of New South Wales_, p. 52.]
+
+[Footnote 152: Dr. Wardell was murdered some years after by
+bushrangers.]
+
+[Footnote 153: May 20th, 1826.]
+
+
+
+
+SECTION V.
+
+
+Under the former act, the attorney general could refuse to file a bill,
+and exercised this discretion in a case of libel. The new law authorised
+the court to permit an information to be exhibited by any person, and
+the attorney general was bound to indict, except in felony or capital
+prosecutions. Mr. Jennings, a solicitor, claimed the interference of the
+court against the attorney general, Mr. Montagu. Savery, who was
+transported for forgery, was sued for a debt; but Mr. Montagu, who had
+been a passenger with the debtor's wife, and felt interested in his
+welfare, stayed proceedings by verbal guarantee. When Jennings attempted
+to enforce the agreement, Montagu replied that he was more to be
+affected by the sun than the wind; and added, "I know how to defend
+myself against a person ten times more able or wicked than yourself."
+The judge decided that the attorney general was not bound to sign a bill
+of indictment against, or to prosecute himself.
+
+The indemnity due on a returned bill of exchange was decided by the
+court (1826), on a friendly suit, Cartwright _v._ Mulgrave, at the
+expense of the merchants. It was deemed proper to give a high
+compensation, both to solace for disappointment, and discourage a
+careless issue of bills. The plaintiff paid L112 currency for L100
+sterling, calculating that L120 currency would be required in London for
+the L100 sterling. The assessors fixed 25 per cent. to cover all losses,
+and the sum has been allowed by the supreme court on all similar cases
+to this day.
+
+Captain Dillon, of the _Research_, East India Company's ship, the
+discoverer of the relics of La Perouse, visited Hobart Town. He was
+prosecuted for assault and false imprisonment by Dr. Tytler, a gentleman
+commissioned by the Asiatic Society to conduct the scientific enquiries
+the voyage might favor. He was seized, confined to his cabin, threatened
+with the lash, and guarded by New Zealand savages, among whom were two,
+called by Dillon Prince Brian Boru, and his Excellency Morgan M'Murrah,
+who espoused the quarrel of the captain, and offered to grill and eat
+the unfortunate physician. The jealousy and violence of Dillon strongly
+indicated insanity, and Dr. Tytler represented his fears to the second
+in command. This opinion became known to the captain, and led to the
+assault and imprisonment, from which the doctor was released by a writ
+of _habeas corpus_. The chief justice, in pronouncing judgment,
+explained the absolute power and stringent responsibility of a captain
+in the management of his company, and sentenced Dillon to fine and
+imprisonment: the latter was remitted, in consideration of his
+enterprise.
+
+The public treasury was robbed of L1,400 (1827). The thieves entered at
+night, while the sentinel was on guard, and the rifled chest was found
+hidden under a tomb in the adjacent burial ground. Three persons, and
+the sentinel, were tried for the offence; but on the second day, the
+crown prosecutor was not in his place. This truant lawyer was enjoying a
+breakfast, while the court and prisoners were watching the door of
+entrance. The patience of the judge gave way, and he directed a verdict
+of "not guilty" to be entered. The crown relieved the treasurer from his
+responsibility for the loss.
+
+The case of Isaac (Ikey) Solomon, a noted receiver, occasioned a long
+discussion of great colonial interest. This man having been committed
+for trial, escaped from Newgate; but his wife, implicated in the same
+transaction, was transported. A short time after, he appeared in Van
+Diemen's Land, under the name of Sloman, and applied for his wife as an
+assigned servant: to this the governor consented, but transmitted to
+England an account of his presence. Towards the close of 1829, a letter,
+enclosing an affidavit of Mr. Wontner, the governor of Newgate, was
+addressed by the secretary of state to the governor, directing the
+arrest of the fugitive. A consultation was held at the secretary's
+office, to which Mr. Gellibrand was invited, who declared that the
+instruments forwarded were insufficient. A warrant, however, was issued
+for Solomon's capture, and he was lodged in gaol. On the application of
+Mr. Gellibrand, the supreme court granted a writ of _habeas corpus_, and
+the question arose whether a colonial secretary had power to act under
+instructions from the secretary of state, and without examination
+transmit a person, on a presumption of guilt, over half the globe. The
+judge admitted that the boasted liberty of the subject would be a
+delusion, were such powers vested in the local authorities. After a
+lengthened research and repeated hearing, he was unable to find a
+precedent, or to solve the difficulty of a case so new.
+
+Mr. Montagu, the attorney-general, maintained that the writ had been
+improperly granted; that on the face of the warrant there was no
+illegality. The chief justice, however, was dissatisfied, and desired
+proof that the secretary of state could grant a warrant without sworn
+testimony in cases of felony, and that Mr. Burnett, the colonial
+secretary, possessed the same powers. Mr. Montagu, who had recently
+suffered ill health, refused to argue the question; and to the complaint
+of the bench replied with asperity. The chief justice still urged that
+he had received no assistance on the part of the crown. Montagu
+rejoined, that speaking not as attorney general, but as an advocate, he
+repelled such assertions. "I will not," said he, "allow your honor, or
+any man in Christendom, to dare to make such observations without
+repelling them." The caution of the chief justice was extremely
+gratifying to the colony. The arrest went to the foundation of personal
+freedom, and assumed a power capable of great error and perversion.
+
+In this case there was no danger of mistake; and the governor, having no
+doubt of the prisoner's guilt, determined he should not escape: Mr.
+Capon, the chief constable, cut the knot by putting Solomon on board a
+vessel, and conveying him to England. The adventure was barely
+successful; Solomon was acquitted on the greater part of the
+indictments. The legal claim of parties to the plunder found on his
+premises could not be established, except by his conviction.
+
+On a trial of Salmon and Browne, for a murder at Macquarie Harbour
+(1829), a military jury exhibited that institution in no pleasing form.
+They disagreed on their verdict. Lieutenant Matheson conceiving that the
+facts did not sustain the indictment, declined to convict. His co-jurors
+were unanimous; and after three days and nights resistance he submitted.
+On the Saturday evening the men were sentenced, and executed on the
+Monday following. Their confession left no doubt of their guilt: they
+had committed murder that they might escape from misery; but they
+asserted that the principal was Browne, and the accessory Salmon--the
+reverse of the indictment. During their long consultation the jurors
+were allowed refreshment; but on the Friday evening several resolved to
+elope: at a late hour they broke past the astonished constables, and
+returned to their homes. They were, however, recalled by the sheriff,
+and kept under stricter watch until the trial ended.
+
+Amusements of the turf, officially patronised in other countries, were
+discouraged in this. From an early date, occasional matches were made
+for large stakes; but in 1827, races were regularly established at Ross.
+The course was lined off, a stand erected, in which about fifty well
+dressed persons were spectators. The riders were equipped in different
+colored clothing, and as they darted along, obscured at intervals by
+foliage, the scene was picturesque and animated. A race was contested by
+Messrs. Gregson and Hardwicke, which the latter lost. A public dinner
+followed; but the waiter was blindfolded, and his pudding stolen as he
+entered the tent. The hats and coats disappeared; and one cavalier was
+robbed of his boots. "These things," said the reporter, "are fraught
+with discomfort, and disgraceful in themselves:" an opinion which time
+has not shaken.
+
+Arthur probably had no great taste for such pleasures; but he ascribed
+his unwillingness to support them, to their tendency to excite the
+prisoner population, and seduce them into disobedience and crime. No
+regulations or punishments could hinder their haunting the tents, or
+deter them from intemperance and consequent miseries.
+
+Happily dissention disappeared in the presence of distress. Arthur's
+name is on the list of subscription for the family of Captain Laughton,
+who having lost his property by shipwreck and fraud, was drowned on the
+coast. Governor Arthur gave twenty guineas, and thus fixed the high
+scale of colonial benevolence, which no vicissitude of public affairs
+has abated.
+
+The largest private subscriber was Captain Carne, of the _Cumberland_;
+not less unfortunate than Laughton. When no tidings were heard of the
+vessel, it was supposed she had foundered; but in the year 1828, Captain
+Duthie, of the _Bengal Merchant_, threw light on her fate. He had found
+the _Clarinda_, Captain Crew, at Rio, who had been boarded in lat.
+8 deg. S. The pirates chained him to the deck while they robbed the
+vessel: he saw a bucket, on which he could trace the word _Cumberland_.
+Some of the pirates proposed that Crew should walk the plank, but were
+resisted by the Captain. A little black boy, shipped by the _Clarinda_
+at the Cape de Verde Island, remembered the pirate vessel as often seen
+in that port.
+
+In what form the _Cumberland_ perished is not certainly known. Pirates
+executed in England for other crimes, were supposed to be guilty of
+this: more than a hundred and fifty persons perished by their violence.
+Some they cut down, and others they cast overboard. They were driven to
+the port of Cadiz by a storm, and attempting to negociate a bill they
+were detected. A ship of war conveyed them to Gibraltar, where several
+suffered; others were forwarded to England, and condemned there. The
+story of the capture was long a standing topic in the unarmed
+merchantmen that passed her track. As the emigrant, even now, approaches
+the supposed latitude, he hears with bated breath the fate of the
+_Cumberland_, whenever a strange sail darkens the horizon.
+
+FOOTNOTES:
+
+[Footnote 154: _Report of the Lords of the Council_, May, 1849.]
+
+[Footnote 155: Despatch, 1828.]
+
+
+
+
+SECTION VI.
+
+
+Attempts were made in the county of Cornwall to form a collegiate
+institution, for the education of youth and the advancement of science
+(1826). It was proposed to erect buildings, to govern the college by a
+directory of patrons, and to establish a public library and lecture
+room. For these purposes a fund was contributed: twenty-four persons
+subscribed L50 each on the spot. A commencement was made at Norfolk
+Plains; but the project failed, and sunk into a private academy.
+
+In 1828, the government determined to establish a school at New Norfolk,
+called the "King's Grammar School." The members of the government were
+the board of guardians: the master was in holy orders. This effort was
+also frustrated. Such attempts were not, however, lost: they were in
+reality, not only the pledges but the causes of final success.
+
+But the establishment of the King's Orphan School (1828) was successful.
+It was chiefly designed for the numerous children whose parents were
+unable to support them, who had deserted, or who were dead. It was
+placed under the guidance of a committee, and afforded protection to
+many children who must have sunk under the influence of a vicious
+example. In this island the fatherless have found mercy. In the absence
+of natural ties, the settlers have often displayed a parental tenderness
+in educating the children of the outcast and the stranger.
+
+The public institutions which multiplied at this period, tended to
+mitigate the spirit of party. In 1826, several master tradesmen met to
+project a mechanics' institute. In 1827, they called a meeting of the
+inhabitants, who having chosen Mr. Gellibrand their chairman, organised
+the institution: the governor was invited to be patron, the chief
+justice was chosen president, and Mr. James Wood appointed secretary.
+Dr. James Ross, called the "Birkbeck of Tasmania," delivered the first
+lecture (July 17), on the science of mechanics. The second, on
+astronomy, by Mr. Gellibrand, senior: Mr. Hackett, on steam engines; Mr.
+Giblin, senior, on astronomy; and Dr. Turnbull, on chemistry, completed
+the course. Mr. James Thomson gave lessons in geometry to a youthful
+class. These efforts languished during the absence of the secretary in
+Great Britain; but in September, 1829, the former lecturers reappeared:
+contributions were increased, and a library and apparatus were obtained
+from England. In 1830, two hundred members were enrolled, and the
+institution was promoted by all classes of society.
+
+Among its supporters, Dr. James Ross occupied the first place: a man
+whose name will be ever mentioned with respect. His political career
+does not receive or deserve unqualified praise: as a partizan of Arthur,
+he sometimes sanctioned by his pen what it is difficult to vindicate;
+but he contributed to the intellectual advancement and external
+reputation of the colony, beyond any person of his day. Dr. Ross was the
+son of a Scotch advocate: educated at Aberdeen University, and some time
+employed as a planter in Grenada, where he became an advocate of negro
+freedom. He afterwards established a school at Sevenoaks, Kent; but his
+family kept pace with his fortunes. He determined to emigrate, and
+arrived in Van Diemen's Land in 1822. Some error in the shipment of his
+goods, upon the schedule of which he claimed 2,560 acres, deprived him
+of one-half. He chose his location on the Shannon, and called his
+cottage the "Hermitage." Here he was vexed with the incursions of
+cattle, the perfidy of his servants, the dread of bushrangers, and the
+visits of the blacks; and he willingly accepted the office of government
+printer, which Mr. Bent had lost. The _Courier_, his newspaper,
+patronised by the governor, obtained a large circulation, and in 1830
+published 750 copies. He wrote with great facility and copiousness. In a
+letter to a friend, he said--"I write my articles, engrave my vignettes,
+set the types, adjust the press. Sometimes I set up a few lines myself,
+and dictate at the same time to one or two of my compositors. Sometimes
+I write three lines of a sentence for one, three lines of a sentence for
+another. I teach my own children, nine in all, at the same time that I
+write paragraphs."[156]
+
+A genial spirit, except when troubled by political anger, usually
+sparkles in the writings of Dr. Ross, and in such case they are rather
+unfair than bitter. Wherever Arthur disliked, Ross opposed. He denounced
+the emigration of the poor, and Archbishop Whately charged him with
+baseness, in supporting the penal system of transportation; but no
+colonist would question his sincerity. Dr. Ross retired from his
+literary labors in 1837, and not long after closed his earthly toils. In
+his last address to the public, he said, "independence of spirit has
+been my motto; freedom my watchword; the happiness of my fellow-men my
+object; and the truth of our religion my buckler and consolation." Such
+was his account of himself; and may be left as his merited eulogium to
+posterity.
+
+A hand-bill, published during the heat of a political quarrel, from the
+head-quarters of his foes, is a curious specimen of party spleen, and
+may be taken as the set-off to his own:--"Here lieth the body of James
+Ross, printer: formerly a negro driver: who spent the remainder of his
+days in advocating the cause of torture, triangles, and the gallows."
+Then follow couplets, among which are these:--
+
+"Beneath this sod, mark reader, as you pass
+ The carcase buried of a great jack-ass:
+ Perfidious, smiling, fawning, cringing slave,
+ Hell holds his spirit, and his flesh this grave.
+ Corruption revels in a kindred soil:
+ A carcase fatted on an island's spoil!"
+
+An association, with objects more extensive and more ambitious in
+organisation, was projected by John Henderson, Esq., a surgeon, from
+Calcutta (1829). It was denominated the "Van Diemen's Land Society." The
+members proposed to collect and diffuse information respecting the
+natural history, produce, mineral worth, statistics, condition, and
+capabilities of Van Diemen's Land. The governor accepted the office of
+patron of the society, and its establishment was celebrated by a public
+banquet. In his account of the institution, the founder and president
+relates that, although it enrolled the heads of departments and the most
+respectable settlers,[157] he found himself surrounded by spectators
+rather than coadjutors; who, in the absence of "selfish interests" and
+personal advantage, could not be stimulated to toil. Dr. Henderson,
+whatever his science, was disqualified by his censorious dogmatism, to
+rule. His work was an outline of projects, which entered into every
+imaginable department of political economy, and contemplated a social
+revolution. On religion, his ideas were scarcely Christian: he combined
+the Brahmin and the Socialist.
+
+FOOTNOTES:
+
+[Footnote 156: _Penny Magazine_, April, 1832.]
+
+
+
+
+SECTION VII.
+
+
+The charter of the Van Diemen's Land Bank having expired, it became a
+joint stock company, and enlarged its capital to L50,000; ten per cent.
+being charged upon discounts. The Tasmanian was a private bank, of which
+the Messrs. Gellibrand were proprietors. The limited business carried
+large profits, and the purchase of bills, not passed in the regular
+course of discount, then, as afterwards, yielded large returns. The
+Derwent, established chiefly by persons connected with the government,
+was opened for business on 1st January, 1828, with a capital of L20,000.
+At the same time, the Cornwall Bank, with L10,000, was established by
+the merchants of Launceston; and the facility of monetary transactions
+increased on every side. The arrival of considerable investments from
+India, brought rupees into extensive circulation, and they formed a
+great proportion of the current coin.
+
+The large imports of English goods, and the increase of promissory
+notes, alarmed several persons connected with trade. An advertisement,
+signed John Dunn, offered a quantity of shares in the Derwent on liberal
+terms. At a meeting of the shareholders, Mr. Dunn maintained that the
+liabilities of the community were dangerous, and twenty times greater
+than the circulating medium. It was replied, that bills were chiefly
+multiplied by re-sales, and that the cash of the consumer would be
+transmitted through the whole mercantile chain.
+
+The Van Diemen's Land Bank discovered a singular fraud by the cashier in
+1828. Amongst the large accounts, which were unlikely to be drawn, he
+debited the cash which he employed as a private discounter of bills. The
+sudden presentation of an unexpected draft led to an examination, and
+L2,000 were found deficient. The money was refunded, except a trifling
+amount, and prosecution waved.
+
+The interest of the officers of the government in the Derwent Bank
+occasioned complaint. The risks, liabilities, and antipathies of trade,
+were deemed unsuited to their duties. At the governor's request, the
+relation was disguised, but it was not dissolved.
+
+The state of trade at this time wore a deceptive aspect. Dr. Henderson
+reckoned the actual profit of the colony at 1-1/2 per cent., while Mr.
+Prinsep, a barrister, of Calcutta, described every branch of business as
+a path to opulence. In 1829, a merchant sold L1,500 worth of goods at an
+advance of 50 per cent., and a credit over three years bearing 15 per
+cent., amounting to L2,250 in all. A glut sometimes reduced the value of
+merchandise below the London price.
+
+"See, how I am changed!" said Mr. Prinsep. "Amongst all the beauties, I
+am beginning to think none so beautiful as the interests of capital.
+Interests alone on mortgage, with the very best securities, is 15 or 20
+per cent. Invest your money in wool, and it brings you a return of 50
+per cent. per annum: in the whale-fishery, 100 per cent. Bank dividends
+now paid are 16 per cent. I only brought down a broken-winded Arab or
+two, and their hire pays my current expenses. Money invested in land
+will be ten-fold its original value in fifteen years. L200 will purchase
+a noble property here; L1,000 will buy a fine, healthy, and beautiful
+estate--two hundred of them already in cultivation. The whole colony is
+on the advance, and its resources remain to be developed." Such was the
+bright picture published in Calcutta. The influx of speculators
+postponed the crisis, and prolonged the delusion.[158]
+
+The increase of capital, and the opening of cash credits, facilitated
+the operations of the settlers, but tempted many to ruin. The government
+rewarded the rapid improvement of estates, the erection of substantial
+dwellings, farm buildings, and fences, by grants of land in extension.
+To secure the proffered boon the settlers accepted the assistance of
+money-lenders, whose claims at length absorbed the proceeds of their
+toil. During a progress through the colony, the governor visited many
+establishments, and distinguished the enterprising agriculturist with
+special favor. On his return to head-quarters he expressed the pleasure
+his inspection had afforded; and noticed in a public order Mr. Gatenby,
+of the Isis, as a "good old English yeoman," and an example of
+enterprise and skill. Well assured that his Majesty was desirous that
+the character of a plain, upright farmer, should meet with encouragement
+and reward, he added to this settler's grant 1,000 acres.[159] The
+"Gatenby farmers" were henceforth noted as a favored class; and many,
+anxious for the same recompense, borrowed, enclosed and improved, until
+they had not a rood of land to call their own.
+
+The most distinguished money-lender was Sheriff Ferreday, whose ordinary
+charge was 35 per cent., or less with ample security. After a few years
+(1834) he returned to Europe, having realised L20,000 by usury. At his
+death, he devised a portion of his wealth to Oxford, to found a
+scholarship. He suffered much vituperation, probably with little
+comparative justice. "His bible," said Mr. Gellibrand, "is his bill
+book, and his gold his god"--a quotation from Burke, highly relished at
+the time.
+
+The treasury was again robbed in 1832. It was observed the office papers
+were deranged: constables were stationed to watch, and a sentinel was
+placed at the door. The sudden examination of the chest by the governor
+discovered a more serious transaction. It appeared, capital had been
+borrowed from the chest without authority, to the amount of some
+thousands; the money was, however, restored. No public care could
+reclaim these funds from their tendency to escape, and they were not
+deemed sure until out of the custody of the government.
+
+The secretary of state directed the public cash to be deposited with the
+banks. The treasurer was not authorised to retain more than L10,000 of
+paper, and the Van Diemen's Land and Derwent establishments each
+received charge of L10,000 cash. During six years, the revenue had risen
+from L30,000 to L60,000: notwithstanding a very liberal official
+expenditure, the surplus funds (1831) amounted to nearly L40,000.
+
+The interior communication was facilitated both by the business of the
+police and the cheap labor in the hands of the crown. The post of
+Sorell's time was a private speculation, conveyed on foot, afterwards on
+horseback. On the 19th June, 1832, a "cheap and expeditious conveyance,
+to and from Launceston," was announced. The owner, Mr. J. E. Cox, drove
+tandem, at the rate of forty miles a-day: only one passenger was
+accommodated, at a fare of L5. The practicability of the journey was
+then the subject of considerable betting.[160]
+
+In 1827, and during two following seasons, New South Wales suffered a
+serious drought, which increased in severity. Rivers were exhausted, and
+their beds left dry. Not only the want of rain was felt, but a withering
+blight, travelling in a defined current over the cultivated districts,
+cut off their harvests. In two years the cultivation of wheat in Van
+Diemen's Land increased from twenty to thirty thousand acres, and the
+average price of wheat at Hobart Town was 8s. per bushel. This
+stimulated further production, and tended to avert from Van Diemen's
+Land the distress, which over speculation and scarcity produced in New
+South Wales.
+
+This dearth was followed by two plentiful harvests (1831), and a
+depression of price. The farmers of New South Wales entreated General
+Darling to establish a corn law, to check importation. In declining the
+project, he attributed the successful competition of this country to the
+superiority of its wheat and facility of transit; and hinted that the
+elder colony was indebted to foreign supplies for its subsistence.
+
+FOOTNOTES:
+
+[Footnote 157: _Observations on the Colonies of New South Wales and Van
+Diemen's Land._ By John Henderson. Calcutta, 1832. p. 5.]
+
+[Footnote 158: _Journal of a Voyage to Van Diemen's Land_, p. 108.]
+
+[Footnote 159: _Gazette_, March, 1828.]
+
+[Footnote 160: Until 1832, the post was managed by Mr. Collicott, as a
+private speculation. There were nine post stations. The number of
+newspapers conveyed by post in 1832, was 13,000; in 1833, 102,
+400.--_Montagu's Statistics._]
+
+
+
+
+SECTION VIII.
+
+
+The powers of legislation confided to Arthur did not slumber. The
+council which enacted the laws, were chiefly officers of the government,
+and the discussion of measures was conducted in private. Whatever course
+they pursued, was justly ascribed to the governor himself. The early
+ordinances of Arthur added some new burden, or limited some indulgence.
+Their immediate aspect was, therefore, commonly austere and encroaching,
+even when their ultimate consequences were beneficial.
+
+To prevent the clandestine sale of liquors (1827), the council
+authorised a constable, upon a magistrate's warrant, granted on the
+belief of any person that ale, beer, or spirits were sold, to break open
+the house and seize the liquor; and unless the owner could satisfy the
+magistrate, the constable was permitted to stave and destroy the
+vessels. For the sale, not only were heavy penalties imposed, but unless
+paid the offender was liable to perpetual imprisonment; and even appeal
+was prohibited, except the penalty was first paid: one-half to the
+informer. This ordinance was afterwards mitigated.
+
+The penal character of the colony was constantly indicated in the entire
+spirit of legislation. Thus a house could be broken into at night, when
+a person suspected as an absconder was expected to be found there:
+whoever engaged a convict, though in ignorance of his civil condition,
+incurred the penalties of "harboring." Publicans were liable to fines
+for supplying such persons, even with common refreshment. Any man might
+arrest another, whom he chose to fancy a convict at large. These
+deviations from the practices of society in its regular state, were
+occasionally vexatious, but not commonly. The settlers being acquainted
+with each other, and the servants usually known to the constables,
+prevented those practical evils, otherwise inevitable.
+
+Few colonial enactments have occasioned more vexation than the
+impounding laws. The interests of the grazier and agriculturalist were
+at variance. When the country was parcelled out for cultivation, the
+losses and annoyances of the settlers were severe. Their land unfenced,
+was often suddenly visited by a herd of several hundreds: their crops
+were trodden down, and devoured in a few hours. The invaders when
+alarmed were soon beyond reach. Nor was this the sole mischief: tame
+bullocks, seduced by the interlopers, often joined their flight; many
+days were spent before they were recovered; often they were finally
+lost. The unfortunate farmer, in the most important season, was
+compelled to leave his lonely home, and attended by reluctant laborers
+travel over many a hill and dale in search of the fugitives, with
+sadness of heart.
+
+At the accession of Arthur, the country about the Clyde and Shannon was
+stocked with numerous herds, and from their bulk, the lands on which
+they fed were then called the Plains of Bashan. The herdsmen acquired
+great skill in tracking and driving the cattle. Their stations were in
+advance of the located districts, and opened many fine patches of
+country. Their horsemanship was celebrated: they gallopped amidst the
+trees--now stooping, now leaning to the right or to the left; avoiding
+obstruction and escaping collision with wonderful agility. They lived a
+half savage life; were the reckless oppressors of the natives; often the
+accomplices of the bushrangers, and accused of many crimes. To brand the
+cattle, they were driven within an enclosure seven feet high, and when
+exhausted by hunger, one man armed with a pole threw a loop round the
+horns, another entangled the legs, and the beast was branded with a
+heated iron; then turned into the woods, or driven to market. Little
+caution respecting the rights of ownership was observed: several were
+capitally convicted, when probably they were careless rather than
+deliberately criminal.
+
+An impounding law was proclaimed by Macquarie in 1820; but cattle being
+often driven to the pound for the sake of the fees, the ordinance was
+relaxed by Sorell. This continued the colonial rule until 1830, when
+Colonel Arthur enacted a more stringent law. The large stockholders were
+great sufferers, and were compelled to reduce their herds and increase
+their expense. The constables often corruptly exercised the great power
+this law gave them: cattle driven to the most distant pounds were not
+discovered until their expenses were greater than their value.
+
+The larger herds belonged chiefly to gentlemen, of different families,
+but of the name of Lord. In describing their depredations, it was said
+that a party of the E.L.'s, D.L.'s, or the R.L.'s, had made an
+excursion. The complaining farmer was told that he might impound, but
+not maim them; but a troop of horsemen were required for this purpose.
+
+The operation of the law was unequal: the small settler fed his stock on
+the rocks behind his location, where his rich neighbour, who could
+influence the police, was a competitor. Often his stock were never heard
+of until sold, perhaps to the son of the poundkeeper. Many hundred were
+bought for a few shillings each. False claims of damage were set up, and
+a kind of black mail was levied on the settlers to preserve their stock
+from molestation. To protect themselves, many of the more opulent
+settlers obtained the appointment of poundkeepers; and this office was
+held by persons who claimed the highest station in the country. The
+incessant complaints in newspapers of the day, partly prove the severity
+of the regulation. It was, of course, a subject of reproach to the
+government; yet it is certain that, while the injury was partial, the
+principle of the law was sound, and its operation on the whole
+beneficial.
+
+To prevent the increase of dogs, a tax was imposed (1830). The
+aborigines possessed large packs, from fifty to three hundred. On the
+destruction of the aboriginal tribes, these animals escaped, hunted in
+large numbers, and committed great havoc, among the flocks: farmers lost
+five hundred sheep in a season. By a single gripe these wild marauders
+destroyed a sheep, and a few minutes were sufficient to strew the downs
+with dead. A tax was imposed, from 5s. to L1 each. Large establishments
+required many sheep and watch dogs, and the cost amounted to L8 or L10
+per annum. The constables had summary power to destroy canine vagrants
+without collars, in town or country.
+
+The Huskisson Act applied the laws of England to the colony, and thus it
+became a question whether the English interest of 5 per cent. were not
+the limit of lawful usury. The government paid larger amounts on the
+deposits of prisoners, and capital on such terms must have forsaken the
+country; the council, therefore, declared the restriction inoperative.
+
+These ordinances were the subject of endless and angry discussion. The
+feelings of the community were not carefully consulted, and laws in the
+main useful, were too often pertinaciously encumbered with provisions
+both irritating and needless. The motives of the lawgivers were
+canvassed without reserve. They were supposed to employ their powers to
+facilitate extortion, in the profits of which they were said to share.
+
+
+
+
+SECTION IX.
+
+
+The dignity and independence based on landed wealth, is ever the chief
+allurement of the emigrant. Whatever his rank, he dreams of the day when
+he shall dwell in a mansion planned by himself; survey a wide and
+verdant landscape called after his name; and sit beneath the vineyard
+his own hands planted. To this common ambition the crown directed its
+appeals: acres, by hundreds and thousands, were offered for acceptance.
+The imagination of English readers overleaped a tedious interval of
+labor and disappointment. The generous impulse silenced the voice of
+fear and distrust: they took a last look at the sepulchres of their
+fathers, and came forth to establish their children among the founders
+of nations.
+
+The distribution of waste lands, a most important function of colonial
+governors, has been a source of incessant perplexity and discontent.
+Sometimes they have been granted with ridiculous parsimony, and at
+others with scandalous profusion. Every minister has proposed some
+novelty: the regulations of one year have been abandoned the next, and
+the emigrant who loitered on his way found the system changed, which had
+induced him to set forth.
+
+The stewardship of the royal domain has been liable to difficulties
+peculiar to itself, beside the full average of official injustice and
+corruption.
+
+The endowment of emancipists with land, an American practice,[161] was
+unsuccessfully revived in New Holland, and continued until the close of
+Macquarie's administration, when Commissioner Bigge recommended that no
+grant should be less than 320 acres.
+
+Instructions under the sign manual, given to the Governor of New South
+Wales, dated April, 1787, were amplified by others in 1789. To detain
+the convict population, and to provide them a future home, were the
+chief ends proposed. The governor was empowered to shorten their
+sentences, and convey to each man, if single, 30 acres; if married, 50;
+and 10 for every child. The marines who accompanied the first expedition
+were encouraged to settle. The non-commissioned officers received 130;
+if married, 150; and 10 acres for each child. Private soldiers 100, or
+130 acres. These grants were subject to 2s. per 100 acres, deferred for
+five years. The minister, anxious to raise the value of crown land,
+directed reserves to be made between the allotments, of equal extent;
+but the settlers persuaded the governor, or the secretary of state, that
+the intervals favored the assaults of the natives, and the scheme was
+defeated.
+
+The king's instructions made no reference to the superior officers; but
+it was deemed absurd to grant the "greatest gifts of the crown to
+persons who had forfeited their lives," and deny them to gentlemen
+bearing commissions in the army.[162] Ensign Cummings accordingly
+received 25 acres! The subsequent donations of governors compensated for
+this modest beginning, and the officers obtained large and valuable
+portions. One governor conferred a considerable grant on his expected
+successor, and was rewarded, when he surrendered the government, with a
+similar boon.[163] Macquarie gave Lieutenant-colonel O'Connel and his
+lady 4,555 acres; to John Blaxland, 6,700 acres.[164] Sir Thomas
+Brisbane obtained 20,000 acres: 15,000 were given to Mr. Hart Davis.
+These were exceptions to the general rule. Official holders of land were
+interested in preventing extravagant grants, which lessened the
+marketable value of their own.
+
+The survey department, always in arrear, neglected to measure off the
+land, and an order, verbal or written, was deemed a sufficient title.
+Not unfrequently, the applicant changed his choice, and migrated from
+one spot to another. The governor often permitted the issue of rations
+and implements a second time, to enable indolent or insolvent settlers
+to till a second heritage.[165] Trade was, however, more agreeable to
+many emancipists than agriculture. The officers located near them were
+willing to purchase their petty farms: thus the small holdings were
+bought up,[166] and the estates of the greater landholders were cleared
+of "lurchers," who preyed on their flocks.[167]
+
+The small grants of land were productive of much real mischief and
+little benefit. They fell chiefly into the hands of spirit dealers, and
+the government permitted the purchasers to consolidate all such
+acquisitions into one large grant.[168]
+
+In 1814, Macquarie issued an order threatening the resumption of grants
+for non-residence or alienation. These notices were rather a protest
+than an interdict, and were so understood.
+
+FOOTNOTES:
+
+[Footnote 161: _Eden's Discourse on Banishment._]
+
+[Footnote 162: _Collins_, vol. i. p. 257.]
+
+[Footnote 163: _Commons Report_, 1812.]
+
+[Footnote 164: _Bigge's Report._]
+
+[Footnote 165: Ibid.]
+
+[Footnote 166: "A small farm of 30 acres was now offered to me by Bryan:
+I recommended Mr. Cox (of New South Wales) to buy it, which he did for
+L40; half money and half property. I also purchased for him two others;
+one of 25 acres, and another of 50 acres, from Mr. Hume, for L45;
+another of 30 acres from Thomas Higgins, for L35; and another farm, of
+100 acres, I also purchased for Mr. Cox for L50 and ten gallons of rum.
+I likewise bought another farm of 100 acres from Captain Campbell for
+L100; and of Dr. Thompson, a farm of 100 acres, with twenty-five sheep,
+an old mare, two fillies and a colt, a cow, and a young ox, for L500:
+the stock, when valued, was worth more than the purchase money. Next
+year (1801) I bought John Ramsay's farm of 75 acres, for L40; and then
+Michael Fitzgerald's, with eight large pigs and eighty bushels of maize,
+for L100. I let this farm, ten days after, for L40 per year. I then
+purchased Barrington's (the celebrated pickpocket), 25 acres, an old
+brood mare with a colt at her foot, for L100, and sold the mare a few
+days after for L85. I then bought 50 acres from Edward Elliot, for L100,
+and by these means squared the estate."--_Holt's Memoirs_, vol. ii. p.
+137.]
+
+[Footnote 167: "A lurcher is the lowest order of thieves."--_Holt._]
+
+[Footnote 168: _Bigge's Report._]
+
+
+
+
+SECTION X.
+
+
+Van Diemen's Land was divided into counties by Governor King (1805). An
+imaginary line was drawn across the island from east to west midway;
+Buckingham being on the south, and Cornwall on the north. Macquarie made
+sections more minute, by a running survey.
+
+In 1826, letters patent were issued, constituting Edward Dumaresq,
+chief, and Roderick O'Connor and Peter Murdoch, assistant commissioners,
+for the survey and valuation of crown lands. They were instructed in
+delineating counties, hundreds, and parishes, to observe the natural
+boundaries and recognised nominal limits. The parishes were to contain
+about twenty-five square miles. On this task they were ten years
+employed; but their valuation became available so soon as one parish was
+proclaimed. The names assigned to the various localities are commonly
+welcome to the British ear;[169] though occasionally productive of
+confusion.[170]
+
+The colonial-office published, in 1824, the conditions on which land
+would be granted: the notice contained eighteen clauses, and formed the
+basis of subsequent regulations. The secretary of state, however,
+reserved a discretion in special cases. The parishes were to be
+surveyed, valued, and sold: for cash, at a discount of 10 per cent., or
+credit, at four quarterly instalments. 9,600 acres was the maximum
+allowed one purchaser.
+
+Free grants were offered to emigrant capitalists: not more than 2,650
+acres, nor less than 320; a quit rent of 5 per cent. on the value of the
+land deferred seven years, and redeemable within twenty-five years, at
+twenty years' purchase. One half the value was to be spent in
+improvements, on pain of forfeiture. Additional grants were restricted
+to such as possessed the means of cultivation, and subject to a quit
+rent from the date of issue.
+
+A more ample explanation of the views of the crown issued from
+Downing-street, April 26, 1826. The conditions of sale were the same as
+in the notice of 1824. Purchasers of land were now promised the return
+of their purchase money, conditionally, that during ten years they could
+relieve the crown from an expense ten times its amount, by the
+employment of convicts, rated each L16 annually. One-half this amount
+was offered, in the redemption of quit rents, on the same conditions;
+or, when convicts were not attainable, by expending five times the value
+of the grant, one-half the quit rent would be extinguished. Grants in
+extension were promised, 2-1/2 per cent. value on improved value of an
+original grant, on which five times its value should be expended; or
+having so improved his first purchase, the settler was permitted to buy
+a second at half price.
+
+By an order published at the Horse-guards, 1826, officers willing to
+emigrate, not under the rank of captain, were permitted to sell their
+commissions; one-third of the price deposited with the crown, to be
+repaid on their arrival, and rated as their capital, gave them a title
+to free grants. In 1827, the convict clause was withdrawn: the settler
+was required to produce L500 capital for each square mile he claimed.
+
+Earl Bathurst suggested to the commander-in-chief, and to the lord
+high-admiral, that it was desirable to promote the settlement of naval
+and military officers in the colonies. Circulars were accordingly issued
+from the Horse-guards and Admiralty, in 1827, stating the terms on which
+free grants might be engaged. Officers of twenty years standing were
+exempted from quit rents; those of fifteen years standing, for twenty
+years; of ten, for fifteen years; and of seven, for ten years. The
+extent of their grant was made to depend on their capital; but they gave
+bonds for residence and non-alienation during seven years, or until,
+upon a grant of 500 acres, valued at 5s., L25 were expended. These
+offers drew a large number of settlers, both civil and military. More
+than five hundred grants, exceeding 500 acres, were issued in four years
+ending 1831.
+
+Fictitious schedules of property were sometimes presented, and persons
+without capital were enabled by monetary loans to deceive the governor.
+Dollars, borrowed for the purpose, were lodged in the banks to the
+credit of an applicant. A considerable breadth, comprehending a
+succession of valuable farms, was parcelled out among several settlers,
+in virtue of a single bag of dollars, hired for the purpose.
+
+The act of parliament[171] authorised the subjects of Great Britain to
+visit the settlement of New South Wales "without any license whatever."
+Persons intending to emigrate usually applied to the secretary of state
+for permission, and an order for a grant. Their references being
+satisfactory, they received a letter to the governor, directing that
+land should be given them, proportionate to their "means to bring the
+same into cultivation." For some time, the settlers for this colony
+were obliged to visit New South Wales, to obtain the requisite
+permission. To avoid the expense and delay, some entered on lands
+provisionally assigned them by the lieutenant-governor; but were in
+danger of being dispossessed by an applicant at head-quarters. To
+obviate these evils, power was conferred on the lieutenant-governor to
+locate such as might arrive. Applications from residents were received
+only at stated periods; and when the herds were exhausted by loans, and
+the stores by the issue of rations, were indefinitely postponed; but
+such as brought orders from the secretary of state, were accommodated at
+once.
+
+The newly-arrived emigrant, distrustful of reports, or ignorant of the
+nature of the country, usually went out in search of a home. He was
+received with hospitality as a guest, but found himself unwelcome as a
+neighbour. Often, after long travel, he would scarcely find a spot
+within an accessible distance unclaimed. "All that is mine!" was the
+common answer to his enquiries. A present of sufficient value removed
+many such obstacles, and gave the wanderer a clue to a desirable resting
+place. Such as were too dull to comprehend this process of discovery,
+often lost much time in unavailing toil.
+
+FOOTNOTES:
+
+[Footnote 169: _Counties in Van Diemen's Land._
+
+Northern.            Midland.                Southern.
+
+Devon,               Westmoreland,           Kent,
+Dorset,              Somerset,               Buckingham,
+Cornwall.            Glamorgan,              Pembroke,
+                     Cumberland.             Monmouth.]
+
+[Footnote 170: The writer was present when a newspaper was delivered,
+directed from Sydney to "Launceston, Cornwall." It was conveyed to
+England, where the Cornish postmaster wrote, "Try Van Diemen's Land."]
+
+[Footnote 171: 53 Geo. iii. cap. 153.]
+
+
+
+
+SECTION XI.
+
+
+Sir Thomas Brisbane,[172] to facilitate the employment of prisoners,
+required that the grantee should, for every 100 acres of land granted,
+enter into bonds to employ one convict for the term of his
+transportation, or the average, ten years. By receiving a second convict
+for one year, he was promised a bonus of a second 100 acres.
+
+This condition was a serious obstacle to the ready sale of location
+orders. It was not, however, unnecessary: many casual visitors and
+masters of merchantmen obtained grants, which they sold instantly and
+cleared a considerable sum. Land speculators were greatly disconcerted
+by the incumbrance: many were anxious to throw up land orders, and
+attempted to recover money for the goods given in exchange. A trial
+(1825), in which Mr. Underwood, of Sydney, was the plaintiff, is a
+curious example of this traffic. The defendant had given in payment for
+21 cwt. of sugar, an order for 200 acres of land; but when the convict
+clause was promulgated, the land was deemed worthless, and the plaintiff
+sued for L59, the price of the sugar. The judge, however, resisted the
+claim, and declared that the order had paid for the sugar, although its
+sale was clandestine and illegal.
+
+The occupation of land was considered a sufficient proof of ownership,
+if not disputed within a short period, or negatived by written evidence.
+To resume a location, as the courts were then constituted, required the
+issue of a special commission, and could be only effected through a
+jury. On a trial, in which the Rev. Robert Knopwood was defendant, Judge
+Field stated that the conditions of early grants were practically void.
+Knopwood had agreed to sell the estate of Cottage Green for L2,000, to
+Captain Jones, who paid L1,000 in hand, and entered into bonds for
+L1,000 for payment of the residue. Knopwood bound himself in a similar
+penalty to give up the premises when the whole sum should be paid. The
+widow of Jones sued for release from this bond (1821). The lawyers urged
+that Knopwood had violated the clause against alienation, and was liable
+to forfeit the whole. The judge refused to entertain this plea; but set
+aside the forfeiture as unequal: the estate, according to witnesses, was
+not worth more than L1,000. The judge strongly condemned the unclerical
+rigour of the defendant. The celebrity of Cottage Green, now occupied by
+extensive mercantile establishments, gives special interest to the
+judgment.
+
+Efforts to resume land, not properly conveyed, were successfully
+resisted; and jurors appear to have determined, at all times, to deny a
+verdict to the crown. In 1824, in an action for intrusion (Rex _v._
+Cooper), the jury delivered a verdict, that "the defendant had obtained
+possession in the usual manner." The judges asserted that no title was
+good, except such as passed under the great seal. A locatee, in an
+action of ejectment (Birchell _v._ Glover), who possessed from 1811
+until 1823, was supplanted by a person in 1824, who obtained a grant:
+the judge directed for the defendant, but the jury found for the
+plaintiff. A similar case (Martin _v._ Munn, 1833), was tried three
+times with the same issue. The judge directed, that although long
+occupation by the plaintiff were proved, the grant to the defendant was
+a virtual resumption by the crown: this the jury considered
+inequitable, and found for the original occupier.
+
+The trial of a cause in Van Diemen's Land (Terry _v._ Spode, 1835), led
+to the exposure of a fatal error in land titles throughout the colonies.
+Spode had claimed and taken possession of a portion of land occupied by
+Terry, who brought an action of ejectment: the jury gave a verdict in
+his favour; but it was stated by counsel that both grants were
+"defective and void in law."
+
+This error had been discovered by Mr. Alfred Stephen (1829). The
+secretary of state was consulted, and authority received by Arthur to
+amend the form. The royal instructions had authorised the governors to
+grant lands, which they had always issued in their own names, instead of
+in the name of the king. The judges stated that in every case, whether
+of a subject or the king, a conveyance must be made in the name of the
+owner, and not of the attorney. These grants were, therefore, utterly
+void. In New South Wales the defect was cured by special legislation;
+but in Van Diemen's Land every grant was subject to an ordeal. Those
+already issued by Arthur had been legally worded after the defect was
+discovered; but the government of New South Wales continued the invalid
+form, until the judgment of the court led to its revision.[173]
+
+The importance of settling the titles to land was universally felt, but
+the difficulties were not easily overcome. Prior to 1826, the Van
+Diemen's Land grants were drawn up in New South Wales. They were full of
+errors of all kinds: the boundaries, quantity, and names were
+mis-described; the land intended for one man was conveyed to another;
+inaccurate charts, on which grants were marked, multiplied mistakes; the
+surveyors ran their chains over the land, and marked off five or six
+farms in as many hours. They erased and altered their descriptions:
+accurate measurement discovered that many were without a title to the
+land in their possession, or that their grants were partly occupied by a
+next neighbour. The dates of these instruments were often arbitrary, yet
+they bound to cultivation and non-alienation, and often within years
+already past. Some printed forms contained stipulations not applicable,
+and became inoperative on the face of them: they described hundreds of
+acres in excess, but stated that those beyond the king's instructions,
+should be taken as not granted at all.
+
+When Mr. Alfred Stephen pointed out the defect in form, the government
+concealed the mistake until the king granted authority for correcting
+the error by royal warrant, received in 1830. It now became necessary to
+ascertain disputed titles. It was proposed by some to establish them by
+a general act: against this course Mr. A. Stephen protested, and pointed
+out consequences, that proved his objections were just. Many of these
+illustrate the idle and fraudulent manner in which the public business
+is often transacted. A grant issued in 1823, gave one side-line 32
+acres, written over an erasure. An investigation took place: a record
+book kept in Hobart Town shewed a similar erasure. The same entry had
+been preserved at New South Wales, and there it was 22 acres: the
+holding party was innocent; but his title was invalid. Still more
+extensive erasures were discovered in a valuable property; the entire
+description had been changed and another substituted. At Richmond, two
+persons selected land adjoining each other: their grants had been
+exchanged, and he who was thus deprived of the most valuable, resorted
+to a chancery suit for its recovery. At Norfolk Plains a great many
+farms were located and occupied for a number of years. They commenced
+their measurements from opposite points, and each farm gradually
+approximated. When their lands were surveyed by the grant deeds, every
+owner found that his side-line advanced upon his neighbour, until at
+last the central proprietor saw his estate absorbed. In Oatlands, two
+properties were measured according to the common practice: the
+side-lines were guessed at; one cultivated, and the other sold his
+property; but when measured, the improver of his estate discovered that
+his homestead, and nearly one hundred acres of his land fell by
+description to his neighbour.
+
+At Bagdad Rivulet, a surveyor measured eight grants adjoining. All the
+bearings given in the grants were mistaken: to adjust them, one would
+lose the back of his farm and take his neighbour's, who would go on the
+next location and obtain a well cultivated farm.
+
+To have confirmed all former titles would have been obviously unjust. In
+1823, a location was given, but abandoned. Sorell advised a settler that
+came after to take the land, which he did. For fourteen years he lived
+there, and spent L3,000: the original owner re-appeared with a Brisbane
+grant, as a claimant of this property.
+
+Colonel Arthur adopted Stephen's recommendation in 1831, and announced
+in the _Gazette_, January following, its approval by the secretary of
+state.
+
+All existing grants being invalid, the settlers depended on the justice
+of the crown to perfect their titles. The royal warrant of the king
+authorised the renunciation of claims founded on the informality, and
+deeds drawn in the king's name, containing the same conditions as the
+governors' grants, were offered at 5s. Now, however, the grants
+contained a true description of the land, and the name of the rightful
+possessor. The loose system of conveyancing, formerly expressed rather
+the intention than the act of transfer. Property had been subdivided,
+especially in the town: these parcels, however small, were now conveyed
+direct to the actual owner, subject to their proportion of quit rent.
+Possession and reputed ownership, were taken as a title. Those whose
+property was in excess, or less than their description, had their
+proportion of quit rents adjusted. The governor threatened with
+resumption lands obtained by exhibiting false pretensions to capital, or
+alienated before the period prescribed, or by collusive sheriff's sales.
+Oblivion was granted to breaches of conditions, when not fraudulent, on
+payment of 6d. per acre fine. Commissioners, James Simpson and George
+Frankland, Esqrs., were appointed to carry out this admirable plan
+(1832).
+
+An act, constituting the caveat board a court of equity and good
+conscience, was passed in 1835. The gentlemen who framed it held the
+board, "in the sacred light of a court," although the concurrence of the
+governor was necessary to render its decisions valid. Commissioners were
+appointed to examine on oath. They were empowered to obtain a verdict
+from a jury in a special case: by appealing to the judge of the supreme
+court, they could submit a feigned issue for trial. In clear cases,
+however, after three months' notice, they were permitted to adjudicate.
+The decisions of this board have usually satisfied the public: they have
+been nearly always confirmed, and have prevented boundless
+litigation.[174]
+
+Many surveyors were employed, who acted in the several districts (1838).
+The survey of 100 acres was effected for L5, of 2,000 for L20. The list
+of locations being published, the surveyor-general held a movable court,
+to identify and arrange the boundaries. It was part of his duty to
+mediate between the contending parties. These preliminaries being
+settled, the commissioners issued grants to such as made good their
+claim.
+
+The proof of intention on the part of any officers, by custom entitled
+to grant occupation, has commonly barred the rights of the crown; but
+for this, a large amount of practical injustice must have been
+inflicted. Such was the only form in which grants could be distributed,
+when the country was just occupied, and the science of mensuration and
+accounts almost unknown.
+
+To this, the case of the heir-at-law of Major Abbott is nearly a
+solitary exception. Being about to retire from office, Major Abbott
+applied for a reserve of 210 valuable acres at Launceston, and 3,000
+acres elsewhere. On the recommendation of Sorell, then lieutenant-governor,
+who stated minutely the land desired, Sir Thomas Brisbane ordered the
+ground to be marked off as "crown reserves:" and Sorell, being just
+superseded, wrote on the order with a pencil the name of Abbott. Several
+persons at Launceston regretted the alienation of land useful to the
+township, and petitioned accordingly. Their views were favored by Arthur,
+and the claim of Abbott was supported by Sorell. Lord Bathurst ordered the
+grants in question to be given. Arthur, however, again appealed, and the
+decision in favour of Abbott was cancelled; but the 3,000 acres, reserved
+in the same terms and at the same time, were confirmed. Major Abbott
+through life maintained his right to the Launceston reserve, and devolved
+its prosecution on his son; for twenty years he contested his right with
+the agents of the crown. During the litigation its value has ranged from
+L2,000 to L8,000.
+
+On an appeal to the secretary of state, Lord John Russell referred the
+claimant to trial by jury. He erected a house on the ground: this a
+chain gang was employed to destroy. He brought his action for trespass,
+which the law officers met by a demurrer. On his application for a deed
+of grant, a caveat was entered by Major Wentworth. Two of the
+commissioners decided in Abbott's favour, and the third, Dr. Turnbull,
+against him. The usual course was to issue grants on the decision of the
+major part: this the governor refused, and the case was once more
+referred to the secretary of state. In 1849, Earl Grey declared that the
+governor had exercised a sound discretion in refusing the advice of the
+caveat board,[175] and thus finally negatived the claim.
+
+The intention of Sorell in favour of Major Abbott is clear: the
+provisional reserve of the land in his behalf is clear also. The views
+of Sir Thomas Brisbane are not so indisputable; but they probably
+changed on a remonstrance being offered by Arthur. The official answer
+to Sorell's application was a description of the reserve solicited,
+unaccompanied with demur or question: it was understood by Sorell to
+mean approval; and, but for subsequent interference, a grant would have
+issued of course. Where no corruption can be suspected, actual or
+ultimate value is certainly no equitable objection to perfect a claim
+founded on the custom, and created by the authorities of the time.
+
+Except the grants claimed under the Downing-street regulations, lands
+were bestowed at the discretion of the governor, to the extent of 2,650
+acres. Many received still larger quantities at different times. The
+arrest of robbers, the cultivation of flax or hops, the capture or
+conciliation of the aborigines, and losses by fire, were occasions for
+the governor's benevolence: other and less respectable causes were
+attributed, and scarcely require enumeration.
+
+The large discretion of the governor was asserted by Sir George Murray.
+Mr. Hall, the editor of the _Monitor_, had been refused a grant by
+Darling, while others were freely indulged. He complained; but was told
+by the secretary of state (1829), that the governor could judge most
+correctly of an applicant, and that his decision would be usually held
+final.
+
+The collection of quit-rents has baffled the agents of the crown: at
+first, the amount was too small to repay the trouble of collection, and
+for both colonies, in 1824, did not exceed L400 per annum.
+
+A large number of grants in Van Diemen's Land became liable in 1831, and
+notice was given that payment would be enforced. The settlers of
+Cornwall, led by Messrs. Bryan, Joseph Archer, and Gleadow, signed a
+petition to the crown, which complained that the exaction was partial
+and oppressive. The governor promised to forward the memorial, but
+stated that he had no ground to expect that the claim would be ever
+relaxed.
+
+Notwithstanding, in 1834, Arthur proposed a composition. He offered a
+release at ten instead of twenty years' purchase, if accepted within one
+year; without, however, allowing any set-off "for convict
+maintenance"--equal, in some cases, to the whole sum. In 1836, he
+proposed to intercede with the crown to relinquish all claims up to that
+year, a bond being given by the debtor for the arrears, if required:
+these offers were but little successful.
+
+To prevent a return to this topic, it may be added, that in 1841 Sir
+John Franklin offered to mediate for a remission of accumulations prior
+to 1835, provided all from that date were liquidated by yearly
+instalments. The total amount of quit-rent is estimated at L15,000
+a-year, including the towns.
+
+The collection of quit-rents is a curious instance of dodging--the
+government to obtain, and the settlers to evade. Those debtors drawn
+into payment, could demand in equity that the indulgence granted to
+defaulters should be communicated to them: they were allowed a set-off
+in future payments. Those who redeemed their quit-rent were less
+favored.
+
+The extinction of uncertain obligations would be a public boon, if only
+for their tendency to produce discontent and habits of evasion. The
+reservations of timber and material, and right of road-making, are
+hardly less impolitic. If the law should oblige a proprietor to
+accommodate his country, equity prescribes his fair indemnity. A
+functionary might cut through a settler's estate in malevolence, and
+destroy the approaches to his dwellings, under terms without tangible
+limitation. In 1831, the government authorised a party to go through an
+orchard, planted on a Macquarie grant, to enlarge a road to the ferry at
+Risdon. The owner brought his action, and the assessors gave him a
+verdict. The lawyers pleaded the general invalidity of colonial titles,
+and thus the right of the crown to resume! In 1824, the roads were
+thirty feet: in 1827, they were increased to sixty; and the attempt was
+made to take from a location given under the old rule, the increased
+breadth stipulated by the new.[176]
+
+"A strange rumour," said a colonial editor, "has reached us, that free
+grants of land will be conferred no more." Lord Ripon's regulations were
+published in London, January 20th, 1831. They were framed to obviate the
+theoretical and practical evils attributed to the easy acquisition of
+land; to terminate the prodigality of governors, and the frequent
+quarrels occasioned by their favoritism; and above all, to prevent
+laborers from becoming landholders, and the tendency of colonists to
+scatter over territories they can not cultivate. This important change,
+which excited alarm or exultation in the colonies, was only noticed in
+one London newspaper: with such indifference was a system regarded,
+destined to produce the most important national consequences.
+
+Except reserves intended for public use, crown lands were offered for
+sale to the highest bidders, at the upset price of five shillings, and
+for the first time, to the usual reservation were added precious metals.
+
+Arthur, who greatly disapproved the application of these rules to Van
+Diemen's Land, where no tendency to dispersion had been displayed, and
+where free grants of land formed the basis of the convict system,
+manfully employed the last hours of patronage. The lands in the towns
+were rapidly disposed of, and all who could prefer a reasonable claim,
+were readily indulged. A few grants were bestowed by the special favor
+of Arthur: 205,000 acres were alienated chiefly in grants of extension,
+due by the terms of the original grants. Those whose expectations were
+satisfied, were not displeased with a measure which gave a definite
+value to estates, and when once the principle was established, the
+higher the price of crown lands, the greater the nominal value of their
+own.
+
+A large number of persons, by neglect of the conditions, were liable to
+forfeiture; but among them were several favorite officers of the
+governor, or members of his own family. It was stated, without
+contradiction, that the surveyor-general sold his maximum grant for
+L1,700, when none of the conditions were fulfilled. An attorney-general
+not only parted with his property, but obtained afterwards a grant in
+extension for improvements he never made; and a gentleman, who had not
+visited the country, but was related to several persons of influence,
+obtained both a country and a town allotment.[177]
+
+Lord Ripon's regulations disappointed many officers intending to settle
+in the Australian colonies; but against this a provision was made
+(August, 1831), which entitled them to a remission of from L150 to L300,
+according to rank. They were, however, to give bonds for residence on
+the land so obtained.
+
+The ready sale of waste lands seemed to justify their valuation by the
+crown. In 1832, L44,000 were netted, at nearly twelve shillings per
+acre. This high average was occasioned by the sale of valuable reserves:
+those of Ross were sold, some portions at 29s. per acre. The governor
+complained that the sale of town allotments led to speculation and
+limited improvements; he therefore offered land on three years' leases,
+except at Hobart Town, at the usual quit-rent, and exacted the promise
+to erect buildings of brick or stone. The absence of competition for the
+country allotments threatened to limit the proprietorship; but this
+precaution was forbidden by the secretary of state in 1835, when the
+system of granting lands at quit-rents finally terminated.
+
+FOOTNOTES:
+
+[Footnote 172: _Sydney Gazette_, 1822.]
+
+[Footnote 173: Copy of a grant of 1,500 acres:--"Whereas full power and
+authority for granting lands in the territory of New South Wales are
+vested in his Majesty's captain-general and governor-in-chief (or in his
+absence the lieutenant-governor for the time being) in and over the said
+territory and its dependencies by his Majesty's instructions under the
+royal sign manual, bearing date respectively the 25th day of April 1787
+and the 20th day of August 1789: In pursuance of the power and authority
+vested in me as aforesaid, I do by these presents give and grant unto A.
+B. his heirs and assigns, to have and to hold for ever, 1,500 acres of
+land lying and situate in the ---- district, Van Diemen's Land, bounded,
+&c. &c. &c. &c., to be had and held by him the said A. B. his heirs and
+assigns, free from all taxes, quit-rents, and other acknowledgements,
+for the space of five years from the date hereof; provided always, and
+it is hereby expressed to be understood that the said A. B. the grantee
+in these presents named, shall in no ways either directly or indirectly
+sell, alienate, or transfer any part or parcel of the land hereby
+granted within the said term of five years; and also provided always
+that the said A. B. should clear and cultivate, or cause to be cleared
+and cultivated, within the said term of five years, the quantity of 75
+acres of the said land hereby granted, otherwise the whole of the said
+land hereby granted shall revert to the crown, and the grant hereby made
+thereof shall be held and deemed null and void, and saving and reserving
+to government the right of making a public road through such part of the
+said land as may at any time be required: such timber as may be growing
+or that may grow hereafter upon the said lands, which may be deemed fit
+for naval purposes, to be reserved for the use of the crown; and paying
+an annual quit-rent of 30s. after the term or time of five years before
+mentioned. In testimony whereof," &c.]
+
+[Footnote 174: It appears to have been followed in the court, lately
+instituted in Ireland, for the sale of encumbered estates.]
+
+[Footnote 175: Despatch, 10th June, 1849.]
+
+[Footnote 176: Bastian _v._ Bridger.]
+
+
+
+
+SECTION XII.
+
+
+A work of Edward Gibbon Wakefield, professed to detect the errors in
+British colonisation, and to prescribe a new and more effective
+plan.[178] It consisted in selling land at "a sufficient price" to
+combine labor and capital, to collect all the elements of civilisation,
+to prevent the dispersion of population, the premature possession of
+land by the workman, and speculation by jobbers. Thus a colony, on this
+model, was compared to a tree transplanted, the fibres of its roots
+undivided, and its branches unbroken.
+
+For several years previous to this decisive change, the desire had been
+widely expressed to relieve the parent country by the emigration of
+paupers. Sir William Horton devoted great attention to the subject. He
+visited various districts most oppressed by population, and pointed out
+the methods available to an extensive removal. The Canada Company, which
+transacted much business with him while under secretary of state, had
+purchased and re-sold crown lands; and many laborers, who were
+transferred at their own expense to that country, rapidly improved their
+condition. A committee of the Commons sat upon the subject, and a bill
+was introduced by Mr. Horton himself, to authorise the parishes to
+mortgage their poor rates. It was once intended by the government to
+levy a tax on convict laborers, and to increase its amount on artizans,
+and thus raise a fund for emigration: this project, Arthur successfully
+resisted, and large permanent resources were discovered in the sale of
+lands. The parishes were not willing to incur the outlay, and it was
+opposed by many who were persuaded that the poverty of the laborer
+resulted from oppression.[179] The intolerable degradation of the poor
+led to outrages and crimes. Large numbers were transported for agrarian
+offences, and many others had no refuge, but to obtain deliverance from
+starvation by less concerted violations of the law.
+
+Agricultural laborers were driven from town to town; offered by auction
+at two-pence a day; harnessed to gravel carts; mocked by being sent with
+a barley straw fifteen miles a day; imprisoned in pits, and kept
+standing morning after morning in a public pound. Such were the scenes
+which induced Horton to lecture through the country on redundant
+population and emigration; and to call the attention of the parliament
+to the march of poverty, pauperism, tyranny, and crime.[180]
+
+The proposition of Sir William Horton led to various projects of private
+parties, in furtherance of colonisation. Grants of land were given to
+capitalists in proportion to the laborers they conveyed; whom they were
+permitted to engage as indented servants. The scheme chiefly important
+to Van Diemen's Land, was the settlement of Swan River. Four gentlemen
+proposed to government, to convey 10,000 persons, for a grant
+equivalent. The minister thought the project too vast. Three of the
+four declined: Mr. Thomas Peel, a relative of Sir Robert Peel, still
+persevered. Many persons entrusted their capital to agents, who
+presented it, and obtained a title to possessions they never intended to
+cultivate.
+
+By the regulations published at Downing-street (December 5th, 1828), the
+settlers were allowed 40 acres for every L3 of invested capital; 200
+acres for every laborer conveyed. No convicts, or any other description
+of prisoners, were to be sent; but land granted, was to be forfeited,
+unless improved within twenty-one years. Thus, those who conveyed
+laborers, were met by competitors who had incurred no such expenses; and
+the conditions imposed neutralised each other. The settler who carried
+out labour, found his servant desert him to occupy land acquired by the
+capitalist who carried out money. Of three hundred persons embarked by
+Mr. Peel, in a few months not one remained to light his fire; but the
+recreant workmen were soon reduced to want. Many, under their broken
+indentures, claimed relief of Mr. Peel, whose flocks had been scattered,
+and his property destroyed by their desertion. He was glad to hide from
+their violence, while they were embarking for the neighbouring colonies.
+Respectable families were compelled to perform the most menial offices,
+and young women of education were reduced to rags. Contributions of
+clothing were collected and forwarded by the ladies of Cornwall. Many
+were brought to Van Diemen's Land, as to a city of refuge: the
+population, from 4,000, decreased to 1,500, and the ruined landholders
+petitioned the government for a share of convict labour--a boon which
+the elder colonies deprecated, and the minister refused (1835).
+
+Swan River seemed to promise a desirable market, and the merchants
+dispatched vessels with provisions and cattle: Mr. Gellibrand speculated
+largely. On the whole, the returns were not equal to the outlay; and
+although sometimes great profits were realised, Van Diemen's Land was
+injured by the trade.
+
+Scarcely were the settlers of Western Australia landed, when another
+colony, Spencer's Gulf, was projected. The authors of this scheme
+imputed serious detects to the plan of its immediate predecessor. The
+low price and extensive holdings, the want of combinable laborers, and
+the imperfect organisation of its social fabric, seemed to account for
+its disasters. A body of persons, concurring in the Wakefield system of
+colonisation, and comprehending many members of the House of Commons,
+formed themselves into an association, and applied to the government for
+the necessary powers. After considerable discussion, the minister
+declined their proposal, and the realisation of their hopes was deferred
+several years. The more active partisans of the scheme kept it before
+the public. An act passed the legislature on the 15th of August, 1834,
+empowering the crown to erect South Australia into a British province.
+Commissioners were appointed for the sale of land, and for the
+conveyance of emigrants. It was determined that the price should be
+sufficient to prevent laborers from buying land, and furnish the cost of
+their emigration. The company were authorised to borrow L50,000. If, at
+the expiration of ten years, the population should not reach 20,000, the
+control of the land was to revert to the crown. With a population of
+50,000, they were to obtain the rights of political freedom, and no
+convict ship was to anchor on their shores. The upset price was at first
+L1, and, for a time, 12s. per acre. The intended colony was viewed with
+distrust by the elder settlements for the theoretical character of the
+plan, and its entire opposition to the then prevailing notions of penal
+labour. The advocates of the enterprise lost no occasion to denounce the
+social condition of Van Diemen's Land and New South Wales; where,
+however, the scheme was pronounced insane, and destined to certain
+disorder and ultimate overthrow. The appearance of new speculators in
+the Australian colonies compensated them for these reproaches. In
+publishing their plans, the company had always referred to supplies
+within their vicinity, as an immediate and certain reserve. The
+Tasmanian merchants met them on the shore of the royal province. Sheep
+were sent over as the basis of their flocks; timber for their huts; and
+the various produce of rural wealth, originally brought at great cost
+from Europe. A long succession of adventurers raised the value of
+produce throughout the colonies; and individuals realised large profits
+in the trade; but when the arrivals from England ceased, the new colony
+was involved in whatever misfortunes its peculiar plan was supposed to
+avert. Many hundreds, driven out by poverty, settled in the penal
+colonies, and the property of Adelaide became unsaleable: the frail
+dwellings were deserted, and the land lay utterly waste. Of the Adelaide
+traders, scarcely a house escaped insolvency, and the loss was total.
+Those who remained turned their land to account: their flocks increased,
+and the discovery of the mines happily realised more than their early
+hopes. The lands sold by the company were freed from the mineral
+reservation.
+
+An old gentleman, named Menge, formerly an attendant on a distinguished
+German geologist, was the discoverer of its mineral riches. He was
+employed by Mr. George F. Angus to select his special surveys. His
+occasional choice of rocks and barren soil excited ridicule and
+astonishment; but he was accustomed to say, "the wealth is below, not
+upon the ground." He lived in the cleft of a rock at the junction of the
+Gawler and Para, near a plot of forty acres, almost surrounded with
+water, where he cultivated melons of every variety. He spoke many
+languages, and had travelled through Germany, Switzerland, and Iceland.
+A mineral collection he made, is in the University Museum, Edinburgh.
+His excursions in South Australia were intrepid, and extended far: he
+carried a wallet and a hammer, and subsisted during his wandering on
+gum. His conversation was visionary; and his predictions, at the time,
+but little regarded.
+
+The coast of New Holland, opposite to Van Diemen's Land, was almost
+neglected since the removal of the colony in 1803. Various reports were
+brought by whalers of its suitableness for sheep farming. Howell, Hume,
+and Batman had explored the country in 1824, and had acquired some
+knowledge of its quality. In 1827, an application was made by Messrs. J.
+T. Gellibrand and Batman to General Darling, for permission to land
+stock, to the amount of L5,000, in the neighbourhood of Western Port.
+This project failed; but in 1835, Mr. Batman, called the Australian
+Penn, acting for certain colonists, of whom a nephew of Arthur was one,
+proceeded to Port Phillip. Several Sydney blacks, under his care, had
+acquired the English language, and accompanied him thither. This
+important expedition embarked in a colonial vessel, and landed on the
+26th May, on the shore of Port Phillip. The civilised blacks were now
+decked with native ornaments, and advanced towards the fires of the
+aborigines; but they had fled. They were, however, tracked by Batman's
+company, who opened a friendly conference, and were perfectly
+understood. The natives displayed some apprehension, and intimated they
+had already experienced injury from the English. Batman gave them
+presents of tomahawks and trinkets, and conciliated their fullest
+confidence. Some time after, the party met the chief of another tribe,
+who had heard reports of the white man's liberality: he conducted them
+towards the huts; but in their progress they were surprised by an
+hostile array of the natives. The blacks of Batman's party called out
+to them, and amity was established. Batman took the spear of the chief,
+who carried his gun. He then proposed to live among them: the conditions
+were explained to their satisfaction. The treaty of Penn with the
+Indians was the model of the covenant with the tribe of Dutegaller. They
+conveyed a track of 600,000 acres, for blankets and other objects of
+native desire, and an annual payment of similar articles to the value of
+L200. This deed was signed, sealed, and delivered by the natives in due
+form.
+
+The report of this expedition was presented to Arthur, who warmly
+concurred in the occupation, and approved the consideration of native
+rights; but observed that those rights had been disregarded in the
+recent colonisation of South Australia, and that Port Phillip was within
+the government of New South Wales. Arthur was desirous of making that
+territory dependent on Van Diemen's Land. The minister favorably noticed
+the proposal; but in the meantime Governor Bourke asserted his claim,
+and declared the company intruders, and their bargains with the natives
+void.
+
+Notwithstanding, the colony now opened was occupied by many adventurers.
+Their sheep were rapidly transferred, and the greater portion of the
+early inhabitants were settlers from Van Diemen's Land. The settlement
+was suffered with reluctance. The theory of concentration had been
+adopted only a few months before; but, except by setting up a government
+on the spot, it was found that an illegal occupation of land could not
+be prevented. Governor Bourke wrote to the secretary of state, that
+whatever the general wisdom of concentration, an opposite course was
+necessary for pastoral wealth; and that to neglect nutritious food,
+would be to reject "the bounty of providence." He proposed to sell the
+land in townships, and employ the proceeds in the public service.
+
+Lord Glenelg confessed that the scheme of concentration was not of
+universal application: that Lord Ripon's regulations were not everywhere
+desirable, and that it was proper to tolerate the ardour of private
+enterprise; to moderate its course, and gather up its fruits. The
+Dutegaller association was dissolved; but not until they had given an
+impulse to colonisation, more rapid than any example offered by history.
+This peaceable occupation, contrasted with the cruelties inflicted at
+Twofold Bay--a whaling station, now rising into a province.
+
+While these plans of colonisation were in progress, the social
+condition of the penal colonies was constantly discussed. To correct the
+evils admitted on the spot, and to obviate the dangers apprehended at
+home, it was determined by the ministers to promote the emigration of
+mechanics and females. One series of plans were proposed for New South
+Wales and Van Diemen's Land, and with the same general results. The
+policy of government required the emigration of free mechanics.
+
+The employment of prisoner artizans by the local government, was
+disapproved by the crown, and Colonel Arthur was instructed to assign
+them to masters, and contract for public works. In defending this
+measure, he had maintained that the high rate of wages would subvert the
+design of transportation: the employer would indulge the workmen, and to
+obtain their full strength supply the means of sensual gratification.
+
+In 1831, a notice appeared inviting the opinions of the colonists on the
+subject of emigration. Lord Goderich solicited the assistance of the
+settlers in removing the population which the colonies might employ, and
+England spare. They were requested to state what amount of money they
+would engage to afford, and what class of servants they required. Such
+as contributed to the cost were promised a preferable claim to engage
+them. The notice was received in silence: no public meeting was held.
+The servants of the Van Diemen's Land Company had generally deserted
+their employers; and in the colonies, the valuation of pauper laborers,
+compared with convicts, was not great; and although some extended their
+views beyond the moment, the chief object of most persons was to secure
+a fortune and be gone. The settlers dreaded the vicinity of small
+farmers, as fatal to the discipline of their men, and to the safety of
+their flocks.[181]
+
+This notice was on its way, when Lord Howick, on the behalf of the
+colonial-office, addressed the lords of the treasury, and proposed a
+loan of L10,000, to be repayed by the land fund. The proceeds of sales
+were then a matter of conjecture; but it was the opinion of the
+secretary of state, that these resources should be devoted to
+emigration, especially of females. He calculated that a growing
+population would more than compensate for the cost, by extending the
+basis of colonial revenue (1831). In this view their lordships
+concurred, and a commission was instantly appointed, to carry out the
+design.
+
+During this emigration the supply of labor exceeded the demand, and a
+benevolent society was formed to succour the numerous poor. The governor
+advised that no laborers, except mechanics, should be sent, and four
+members of the legislative council protested against the outlay. They
+stated that the support of 10,000 prisoners, without expense to England,
+was a sufficient benefit for a colony to confer; that the "poor house
+prisoners," and the "gaol prisoners," were equally demoralised; and the
+first more insolent and uncontrollable. They contended that the
+expenditure of the land fund out of the colony was to complete the
+mischief resulting from the cessation of grants, "the calamities of
+which it was fearful to anticipate."[182]
+
+The colony was thought likely to afford a desirable home for Chelsea
+pensioners, who commuted their pensions for four years' payment.
+Forty-six embarked in the _Science_, with Messrs. Backhouse and Walker,
+whose reports of their conduct explain their subsequent misfortunes.
+They were intemperate and thriftless, and passed the voyage in disorder.
+The women were nothing superior to their husbands.[183] On their
+arrival, they expended their money, and sunk into misery. To this there
+were some exceptions, and here and there an old soldier may be found,
+whose property has risen in value, to a competence for his declining
+life. The land they were enabled to acquire was, however, generally too
+small in quantity to yield a living, from their unskilled and irregular
+toil. Their distress excited more discussion than sympathy. They
+requested the sheriff to call a meeting, to inform the crown of "their
+unspeakable sufferings."
+
+The home government resolved to advance L20 to married mechanics willing
+to emigrate to this colony. They gave the parties the amount, who were
+expected to sign a warrant of attorney for its repayment within two
+years. Many emigrated, but few paid: a Mr. John Hose, who did so, was
+noticed for his singular honesty; but the greater part evaded the
+liability with success. Females were expected to repay L8 towards their
+passage; but many were minors, and the proof of their hand-writing was
+not easy, and few regarded the obligation as just. The demand of this
+pledge contracted the choice of emigrants: many country girls refused to
+sign their names to a paper, promising a sum equal to the English wages
+of a year; or to enter into engagements, of which they could not see the
+end. The ordinary revenue was charged with payment and collection
+arising from this scheme; but the land fund eventually defrayed the
+loss.
+
+A succession of vessels, with mechanics and females, anchored at Hobart
+Town: the _Amelia Thompson_ at Launceston. A committee of ladies in
+London, of whom Mrs. Fry was the most distinguished, undertook the
+selection of the females. They were commended for their philanthropy and
+care in England: in the colonies, they received but little praise. Mr.
+Marshall, a considerable shipowner, was appointed agent. To fill his
+vessels, was said to be the main object of his efforts, and that he held
+a low scale of female morality would not be unacceptable. The statements
+of the colonial press were often undiscriminating and highly unjust:
+many valuable women were included in these immigrations; many were girls
+of tender years, whose chief fault was their ignorance.
+
+The debarkation of these females occasioned scenes, more subjects of
+regret than of wonder. Thus, on the arrival of the _Strathfieldsay_
+(1834), the fair emigrants, 286, most of good character, were
+indiscreetly landed at high noon: 2,000 persons awaited them on the
+beach. Their feelings were outraged with ribaldry and insult: they were
+astounded at their reception, and many wept. The ladies of the colony
+protected and advanced them; and some, whose want drove them from their
+native country, remember the day with gratitude when they first pressed
+the soil of Tasmania. 1,280 females were brought to the colony in three
+years, ending 1835; and rather more to New South Wales.
+
+The emigrant rarely appears to advantage: the occupation of a new
+sphere, in which his position is uncertain, renders his manners awkward,
+and his expectations ridiculous. The disorderly conduct of many made
+their presence a burden, and their civil condition no great advantage to
+their masters. Yet, since it was necessary to labor or to starve, the
+greater portion chose the better alternative; and the women of decent
+habits, found that destiny for which nature designed them.
+
+The extravagant expectations formed by many emigrants, fostered by
+reports of individual success, which when substantially true are still
+exaggerated by fancy, were commonly disappointed. The suspicious
+coolness of strangers; the high price of provisions; the comfortless
+dwellings, with their awkward fuel; the absence of conveniences, which
+are not valued until lost; and the memory of home, produced a depression
+of spirits, only overcome by reason or youth. But their complaints of
+after years, are the result of affectation and habit: they pretend to
+have sacrificed a lot, from which in reality they escaped; and forget
+that in the midst of those scenes they profess to regret, they often
+wanted a meal.
+
+A curious instance occurred at an early time: a settler took a location
+order and provisions, and went out to commence his labors. He was
+disheartened by the obstruction of the forest: at his first stroke, the
+axe was shivered; he threw it down in despair, and returned home in the
+vessel that brought him out.
+
+The emigrants were not, on the whole, inferior to other persons of their
+education and calling; and were often justified in resisting the
+tyrannical spirit and disposition to oppress, which the habits of
+colonial life do not extinguish. This emigration, amounting to 7,000 for
+both colonies, is an epoch to be remembered for its influence on their
+fate.
+
+These events revolutionised the social state of the colonies. Free
+workmen and their families formed an intermediate class, whose interests
+were hostile to a penal government, and to bond labor in every form. The
+individual importance of employers consoled them for their political
+dependence; and the subservience of transportation to their material
+prosperity, reconciled them to the restrictions it imposed. The free
+workman found it an obstacle to his advancement: it depressed his wages
+and debased his position, but gave him nothing. If his industry raised
+him, he yet retained the sympathies of his early life: he remained
+distrustful of the rich, jealous of rank, and fond of the equality of
+human rights. Trial by jury, legislative assemblies, and official
+responsibility, found earnest advocates, where they had often been mere
+rallying points of personal discontent.
+
+All this was foreseen by Arthur: when free laborers were intruded by the
+crown, the great bond of his system was broken.
+
+-------------------------------------------------------------------------------
+       DISPOSAL OF CROWN LANDS IN NEW SOUTH WALES AND VAN DIEMEN'S LAND.
+---------------+-------+--------------------+---------------+------------------
+  Authority.   | Date. |       Terms.       |  Superseded.  |     Remarks.
+---------------+-------+--------------------+---------------+------------------
+King's sign    |1787   |Residence on the    |1810.          |100 acres only to
+ manual to     |and    | grant.             |               | any person, over
+ governors of  |1789.  |Cultivation and     |               | the quantity
+ New South     |       | improvement.       |               | allowed to
+ Wales.        |       |Reservation of naval|               | emancipists.
+               |       | timber.            |               |
+               |       |Quit rent:          |               |
+               |       | emancipists. 6d.   |               |
+               |       | per 30 acres; free |               |
+               |       | settlers, 2s. per  |               |
+               |       | 100 acres, after   |               |
+               |       | ten years.         |               |
+               |       |                    |               |
+Governor       |January|Quit-rent, 2s. per  |November 30,   |Town allotments
+ Macquarie.    |1, 1810| 100 acres.         | 1821.         | usually leased at
+               |       |Cultivation of a    |               | Hobart Town for
+               |       | proportion (20th   |               | twenty-one years,
+               |       | part) in five years|               | quit rent 30s.
+               |       |Reservation of naval|               | per acre; 7 only
+               |       | timber.            |               | were granted,
+               |       |Right of forming    |               | 1820. Allotments
+               |       | highways.          |               | were occupied at
+               |       |Non-alienation in   |               | Launceston on
+               |       | five years.        |               | permission of the
+               |       |                    |               | commandant.--
+               |       |                    |               | _Bigge's Report._
+               |       |                    |               |
+Governor       |July   |Omits cultivation   |Colonial       |
+ Brisbane.     |11,    | clause, and saddles| Office,       |
+               |1822.  | every 100 acres    | November, 1824|
+               |       | with a convict     |Notified in Van|
+               |       | servant. This was  | Diemen's Land,|
+               |       | cancelled by       | 18th May, 1825|
+               |       | indorsement on some|               |
+               |       | grants, on         |               |
+               |       | condition of       |               |
+               |       | cultivation.       |               |
+               |       |                    |               |
+               |1823.  |Grants liable to    |               |
+               |       | quit-rent of 15s.  |               |
+               |       | per 100 acres.     |               |
+               |       |                    |               |
+Colonial Office|1824.  |Convict clause      |Convict clause |Town lots granted
+               |       | inserted. Purchase | withdrawn, in | on specified
+               |       | money repaid, if   | 3rd edit. of  | expenditure
+               |       | claimed within ten | notice, 1827. | within three
+               |       | years, or for the  |               | years, and
+               |       | redemption of quit |               | non-alienation
+               |       | rent.              |               | for 18 months.
+               |       |Quit rent 5 per     |               |
+               |       | cent. value.       |               |
+               |       |                    |               |
+               |April, |Settlers who could  |               |
+               |1826.  | obtain no convicts,|               |
+               |       | allowed abatement  |               |
+               |       | of half quit-rent; |               |
+               |       | or a new purchase  |               |
+               |       | at half price, who |               |
+               |       | should expend five |               |
+               |       | times value of the |               |
+               |       | grants, given or   |               |
+               |       | sold them.         |               |
+               |       |                    |               |
+Governor Arthur|1828.  |Land Board          |January 20,    |
+               |       | established;       | 1831.         |
+               |       | capital required,  |               |
+               |       | L500 for each      |               |
+               |       | square mile granted|               |
+               |       |Land sold at highest|               |
+               |       | tender; one-half   |               |
+               |       | left on mortgage   |               |
+               |       | for twelve years,  |               |
+               |       | at 5 per cent.     |               |
+               |       |Precious metals     |               |
+               |       | reserved.          |               |
+               |       |                    |               |
+Colonial Office|January|Order: all land to  |August, 1838.  |
+               |20,    | be sold by public  |               |
+               |1831.  | sale; upset price  |               |
+               |       | 5s., conveyed in   |               |
+               |       | fee simple at a    |               |
+               |       | peppercorn rent.   |               |
+               |       |Precious metals     |               |
+               |       | reserved, and      |               |
+               |       | indigenous produce |               |
+               |       | for public works.  |               |
+               |       |                    |               |
+Colonial Office|August,|12s. per acre.      |1842.          |
+               | 1838. |                    |               |
+               |       |                    |               |
+               |1842.  |L1 per acre.        |1845.[184]     |
+---------------+-------+--------------------+---------------+-----------
+
+
+FOOTNOTES:
+
+[Footnote 177: _Report on the Disposal of Crown Land_, 1836.]
+
+[Footnote 178: _England and America._]
+
+[Footnote 179: The plan of selling crown lands, and appropriating the
+proceeds to emigration, was claimed as his own by Galt, the novelist and
+projector. See _Life of John Galt_, vol. ii. p. 135.]
+
+[Footnote 180: _Edinburgh Review_, 1849.]
+
+[Footnote 181: "We are much mistaken, if the letters addressed
+to the secretary exceed six, and they are written by the paid
+magistracy."--_Launceston Advertiser_, 1832.]
+
+[Footnote 182: Protesters:--Charles Swanston, Charles M'Lachlan, Richard
+Willis, John Kerr. October, 1833.]
+
+[Footnote 183: _Backhouse's Narrative._]
+
+[Footnote 184: 1845.--The Act 5th & 6th Victoria, chap. 36,
+repealed; as to Van Diemen's Land only: which returned to the status of
+1787.]
+
+
+
+
+SECTION XIII.
+
+
+The increasing population of the Australian colonies led to important
+changes in their monetary institutions. Hitherto the stock employed in
+banking was supplied by the merchants, or invested by East Indian
+capitalists. These local relations were not without their advantages:
+they enabled the banks to extend accommodation beyond the ordinary usage
+of companies subject to more extensive and complicated interests.
+
+The announcement of the "Leviathan," as the Bank of Australasia was
+called, created the usual amount of discussion. The capital was desired
+by those who had occasion to borrow, and dreaded by such as were
+interested in lending. It was incorporated in 1835; and commenced
+operations the following year. By granting bills on London at par, the
+manager first drew largely on the current coin. Treasury bills were no
+longer the cheapest remittance, and the disposition to purchase them
+declined. The outcry of the local banks reached the legislative council,
+and it was proposed to make a treasury bill a legal tender. An act
+passed for the purpose, but was never called into force by proclamation.
+The resources of the English enabled them to vex and contract the sphere
+of the colonial establishments; but had treasury bills become a legal
+tender, they could have redeemed their own notes by their payment, and
+thus recovered the coin which found its way into the coffers of the
+stranger.
+
+At Launceston, the quarrel between the Australasia and a local bank,
+afforded much sport to those not deeply interested. Of the Tamar Bank,
+20 per cent. only had been paid on its capital, which was exceedingly
+small compared with its discounts and issues. Every morning, the agent
+of the London took a wheel-barrow to the Tamar bank, attended by an
+armed guard, and carried away the dollars in exchange for notes. The
+superior strength of the Australasia soon brought the contest to a
+crisis, and Mr. Gilles, the manager of the Tamar, shut up his books. He,
+however, first gave warning, that such must be his course, unless it was
+agreed to restore the dollar bags to the state before the war. To this
+it was replied that, perhaps, the Tamar had exceeded the just limits of
+its capital, and an offer made to discount a bill for its accommodation.
+In the end, time was given. The parties concerned were more frightened
+than hurt: no serious injury was intended.
+
+In 1837, the Union Bank of Australia, with a capital of L1,000,000,
+divided the field. This institution was formed in England, under the
+auspices of Mr. Philip Oakden, a merchant, of Launceston. With such
+spirit was the project accepted, that the amount was subscribed in one
+day.
+
+The chief objection to these banks was their tendency to create a class
+of absentees, whose revenue withdrawn from the colonies would add
+nothing to their welfare. To this it was replied, that the repayment was
+intended to be made from profits the colonies would divide with the
+London capitalist, which, except for his assistance, could not be
+obtained.
+
+The last business address of Arthur to his council, expressed his
+antipathy to the London bank, and his hope that the monopoly attempted
+would not be successful. He asserted that the proprietary, an absentee
+body, had no interest but their own to regard, while the local banks
+were colonial in every sense. These were his views of finance, and they
+were characteristic of the time.
+
+
+
+
+SECTION XIV.
+
+
+"The glorious 23rd of May!" Such was the day and month of 1831,
+separated by those who witnessed its achievements to everlasting renown.
+The excitement of the campaign against the blacks (see vol. ii.) had
+absorbed political animosities, and brought all parties together; but by
+this time the popularity of the governor was spent. The struggle for
+parliamentary reform agitated Great Britain, and the colonists
+determined to attempt the recovery of their rights as Englishmen. So
+lively was the interest in the affairs of Europe, that the tri-color was
+mounted by more ardent politicians. The last wave of revolution, which
+had scattered thrones, rippled on these shores.
+
+A meeting was called by the sheriff, and the principal speakers were the
+Gellibrands, Crombie, Cartwright, Abbott, F. Smith, Meredith, Lascelles,
+Gregson, Dunn, Jennings, Kemp, Hewitt, and Lowes: of these, none were so
+conspicuous as Mr. Thomas Horne (a relative of the great Horne Tooke),
+afterwards puisne judge, and who was described as the "honest barrister"
+by the admiring press. "If crushing," said the learned civilian, "is to
+be brought into operation, no doubt I shall be crushed. Let them crush
+me, and they will associate my name with the record of this meeting,
+which history will preserve to the latest period of time." The object of
+the movement was to bring under the royal notice the government of the
+colony, and to demand trial by jury, and a legislative assembly. The
+petition to the king was entrusted to the custody of Mr. Sams, who was
+proceeding to Great Britain. Whether it ever reached the throne was a
+matter of dispute: some said it had been committed to the deep, with
+much solemnity; others, that it had passed from the messenger to the
+hands of a merchant, who disregarded its fate. It obtained no reply.
+
+The colony had just reason to complain at the time. The supreme court
+had been closed for many months: the business of the legislative council
+detained the judge and attorney-general from their proper functions, and
+for nearly two years no gaol delivery had occurred at Launceston. Two
+persons, father and son, charged with cattle-stealing, had been two
+years awaiting trial, when they were both acquitted. The evidence
+against them was of the slightest description; yet during their
+detention domestic calamities of all kinds had overtaken them.
+
+The delay was still further extended by the issue of a new charter, and
+with the usual incaution of the secretary of state. This charter arrived
+1831: it nominated Mr. Pedder chief justice, and Alexander Macduff
+Baxter, puisne judge. It made no provision for continuing process begun
+in the late court, and required colonial legislation to cure the defects
+of its details.
+
+Mr. Baxter, the puisne judge elect, had been attorney-general of New
+South Wales. His relations with Darling had not been cordial, and he was
+disgraced in the eyes of the public by domestic differences: his wife
+was insane, and he himself was intemperate. Just before he left Sydney
+for Van Diemen's Land, he was bound over to keep the peace, and was
+declared insolvent. On his arrival, the royal warrant for his induction
+had not reached the colony, and after some delay he returned to New
+South Wales, and thence to Great Britain, where he died. Mr. Baxter
+ascribed his ruin to his grant from the crown: he employed persons to
+look after his estate, and they conducted him to beggary.[185]
+
+The lieutenant-governor resolved, if possible, to exclude Baxter from an
+office which he could only dishonor, and passed an act, pronounced by
+the lawyers a piece of "doubtful and dangerous" legislation, by which
+the clause of the charter requiring two judges was expunged, thus
+constituting the court of one. The act of parliament, however,
+authorised the measure: the council had power to repeal or annul a
+patent, until the pleasure of the crown were known. The act was
+approved, and remains among the laws. Occasions might occur, when the
+course of justice would be arrested in a small community by requiring
+many officers to constitute a court.[186]
+
+The reformers were not disheartened by their failure: they assembled
+again the following year,[187] at the request of the Hornes, the
+Gellibrands, and the Gregsons. The effort was unavailing. In 1834, it
+was renewed with still more earnestness: the former parties, reinforced
+by many important accessions, maintained the popular cause. Repeated
+disappointments excited some bitterness, which was expressed in strong
+terms.[188] Mr. Thomas Horne reminded the home government that they
+would make "a dissatisfied and turbulent people, ready to use their
+power, and assert their rights, if necessary, by force of arms." He
+advised the oblivion of minute grievances, and said, "were the angel
+Gabriel to propose one measure, and Satan another, if he considered
+Satan's the most politic, he should have the honor of adopting it."[189]
+But neither importunity nor threatenings prevailed.
+
+These efforts were renewed in the following year; but in 1835 some of
+the chief advocates of a legislative assembly deprecated the penal
+institutions of the colony, and proposed that all convicts, on their
+arrival, should be set free: of this plan, Mr. R. L. Murray was a
+distinguished advocate.
+
+A deputation from the meeting for free institutions, requested the
+intercession of the governor with the crown; but he replied, that if the
+grant of free institutions, and the discontinuance of penal coercion,
+were connected by one common advocacy, the interests of the colony, of
+the crown, and of philanthropy, would demand the most serious
+precaution. He maintained that all British rights were conceded,
+"excepting the elective franchise;" and quoted with more cleverness than
+dignity, their statements of colonial opulence, to show how little they
+had suffered by a former denial of their prayers.
+
+Mr. Gellibrand, senior, was a person of intellectual tastes and lofty
+spirit. His early life had been spent among liberal politicians: he was
+a zealous advocate of freedom, but still more of knowledge and virtue.
+
+Mr. Gellibrand, junior, was a lawyer of popular talents, whose practice
+as a barrister made office of little importance, and who, when discarded
+by Arthur, opposed him with incessant vigour. His eloquence was never
+exhausted, and his learning as a lawyer obtained him consideration in
+the court, which his boldness as a pleader often threw into jeopardy.
+Mr. Thomas Horne exhibited a fervour in the popular cause, worthy his
+kinsman. The rest were chiefly settlers, and patriots from resentment or
+conviction.
+
+These meetings preserved the principles of constitutional freedom; and
+if they did not hasten its possession, reiterated its lessons and
+prepared for its enjoyment. Whatever temporary turmoil the meetings
+created, they were conservative of great interests, and deserve a
+grateful remembrance. These appeals to the British legislature were
+commonly accepted in silence: by the crown they were graciously received
+and forgotten. They had no perceptible influence on colonial policy, and
+only acquitted the settlers of indifference to rights, which can never
+be valued at too high a price.
+
+The surplus revenue, accruing from year to year, suggested to the
+secretary of state the imposition of police, and gaol expenses on the
+colony. The non-official members of the council, except one, voted
+against the appropriation. They denied that the supposed advantages
+conferred by prisoner labor, justified a claim on the colonial funds for
+the support of a great national object; and they added this remarkable
+passage:--"The influx of moral pollution has been perpetuated, and the
+colony doomed for ever to be the gaol of Great Britain, and destined
+never to rise to any rank among the British colonies."[190] A dim
+fore-shadowing of that universal sentiment to which the constant
+attempts to lessen the profits of prisoner labor gave rise. The revenue
+was largely dependent on the consumption of liquors, and upon habits
+which generate crime and impose expenses on the public. It received an
+appropriate destination: funds contributed chiefly by drunkards for the
+repression of criminals. Such was the apology for exactions enormous,
+when compared with the population; a view not easily impugned, except
+that in such cases the interest of the government ceases to be hostile
+to vices which increase its wealth.
+
+FOOTNOTES:
+
+[Footnote 185: Letter to Darling, 1830.
+
+Major Mudie says--"Being scarcely ever sober, he left his business to be
+done by a convict clerk, who had been a lawyer of some sort previous to
+his transportation from England."--p. 245.]
+
+[Footnote 186: 9th Geo. iv. sec. 22.]
+
+[Footnote 187: August 13, 1832.]
+
+[Footnote 188: Captain Glover stated, that the events of the 23rd of May
+had been dramatised in the following strain:--The ambassador of that
+meeting was admitted to the king: "Ho, ho, Mr. Ambassador," said the
+king, "the people of Van Diemen's Land want an assembly, do they; what
+do they want it for?" The posed ambassador replies, "Because they do,
+your Majesty." "Because they do, Mr. Ambassador, is that the reason they
+gave?" "Please your Majesty, I am not certain they gave that reason."
+"What do you think of that, Goderich?" says the king. "Oh, all
+nonsense," said Goderich. The ambassador, on retiring, requested an
+answer, and was informed, "there was none." The ambassador, in his turn,
+asked the reason. "Why because we wont--that's all."]
+
+[Footnote 189: From the _Tasmanian_ report of meeting.]
+
+
+
+
+SECTION XV.
+
+
+The case of Mr. William Bryan was before the public for many years. Mr.
+Bryan was an enterprising settler, and owned 11,000 acres and extensive
+herds, and was engaged in many speculations of public utility. He
+erected a valuable mill, and under his auspices a company was formed,
+which purchased a steam vessel. She was brought to the colony by Captain
+Alexander Wales: when, however, he arrived, the project was defeated by
+the altered position of Mr. Bryan's affairs.
+
+Samuel Arnold, a herdsman of Mr. Bryan, was convicted of cattle-stealing
+(1833), and sentenced to death. The police magistrate, Mr. Lyttleton,
+who committed him for trial, alleged against his master a culpable
+incaution, and Judge Montagu uttered a severe censure from the bench on
+the same account. Mr. Lyttleton, on going outside the court, addressed
+several gentlemen, of whom Mr. Dry was one. He remarked, that though the
+man was sentenced to die, he would do his utmost to save his life; and
+added, that another person ought to be standing in his stead. This was
+supposed to refer to Mr. Bryan, who deputed a young friend, Mr. Lewis,
+to demand an explanation, or appoint a meeting. Not only did Lyttleton
+decline this, but he transmitted an account to the government, and the
+attorney-general prosecuted Lewis for endeavouring to provoke a duel.
+
+Mr. Bryan now appealed to the public, and tendered his resignation as a
+magistrate: he complained that he had been calumniated, and satisfaction
+refused. Arthur rejected his resignation, and dismissed him from the
+commission of the peace; and instantly recalled his assigned servants,
+twenty-two in number. Thus deprived of laborers, in the midst of
+harvest, his crops rotted on the ground; and his stock neglected, became
+diseased and were scattered. He was indebted to the sympathy of his
+neighbours, and to the extent of his wealth, that his property was not
+destroyed, and his credit wholly subverted. The effects of this measure
+were disastrous, and excited general distrust.
+
+Bryan ascribed his treatment to an early difference with Arthur. The
+land he obtained on his arrival was less than he claimed, and he
+appealed successfully to the secretary of state; but he was told by a
+friend of the governor, that this was an offence not to be pardoned: no
+man could appeal against Arthur with final impunity.
+
+Mr. Bryan was not altogether a martyr. He received upon the whole 4,000
+acres of land; and in a letter to Arthur, he wrote:--"Permit me to
+return you my sincere thanks (as much for the manner as the matter) of
+your very kind letter of the 11th instant. To the same principle of
+impartiality which you have evinced in my cause, I leave the increase of
+my grant, resting quite satisfied that if my exertions deserve it they
+will be rewarded."[191] Mr. Bryan had then received 1,500 acres; he
+afterwards received 2,500.
+
+Mr. Bryan instituted an action against Mr. Hortle, the agent of
+government in the recall of his servants. The issue depended greatly on
+the manner of trial--whether by assessors, or a jury of twelve. The
+court possessed a discretion. The law officers asserted, and the judges
+allowed, that the colonists were disqualified by common interest to form
+an impartial judgment, and a jury was refused. Bryan then dropped the
+action, which he objected to entrust to assessors, directed perhaps by a
+member of the executive: for the same reason he withdrew his proceedings
+against the police magistrate for defamation of character. He returned
+to England: sought redress from the ministers, but in vain. On this
+case the opinion of impartial persons can hardly err. Yet the right of
+the governor to withdraw men, though not to be exercised in a wanton and
+destructive manner, was hardly to be disputed. The opinion of the
+English law officers of the crown favored that view, although it would
+be dangerous to take their version as decisive. "We," say they, "are
+clearly of opinion, that under the 9th section of 9th Geo. iv. c. 83,
+governors can revoke assignment of a convict, of whose sentence it is
+not intended to grant any remission; and we think there is nothing
+against the apparent policy of the act which militates against that
+construction."
+
+For carrying a challenge to Mr. Lyttleton, Lewis was put on his trial.
+The conventional turpitude of the offence wholly depended on the
+provocation. A magistrate could not be covered by his privilege when
+standing in the street, and announcing his opinions to the loungers
+there; but Lyttleton, himself the sole witness, denied the words
+imputed, and his cross-examination was impeded by the court. Lewis read
+a written defence, and reproached the attorney-general with prosecuting
+an offence recently committed by himself: for this the accused was fined
+L10 by the judge, who advised him to retire and revise his notes. On
+resuming his speech, he was again stopped and fined. Complaining that
+the course required by his defence was unjustly obstructed, he became
+silent. A military jury found him guilty; and the judge condemned him to
+pay L150, and suffer an imprisonment of eighteen months.
+
+The aspersion of the character of a magistrate by an imputation so
+serious, was the sole alleged justification of the challenge. The words
+attributed to the police magistrate, Lyttleton, he had denied; but, on
+his return home, became convinced by the testimony of Mr. Dry, sen.,
+that he had sworn falsely. He communicated this impression to the
+attorney-general, but without result.
+
+The conduct of Judge Montagu, on the trial of Lewis, was represented as
+harsh and captious; but was explained by subsequent disclosures. A
+clever barrister, who secretly advised the accused and framed his
+defence, went into the judge's room, before the sitting of the court,
+and in conversing with Montagu intimated the very improper course Lewis
+intended to take. Montagu replied, he would certainly fine him. It was
+under these suspicions, that he began the trial: he was thrown off his
+guard, and the prosecution involved in an irreparable mistake. When the
+court sat to sentence the accused, the lawyer was there to urge the
+illegality of the conviction.
+
+Lewis complained to the secretary of state, who referred his case to the
+law officers of the crown, who asserted "that it is an unwarrantable
+proceeding, on the part of a judge, to fine an accused party for saying
+anything which he may consider essential to his defence, provided it
+shall be consistent with public decorum." The secretary of state
+directed compensation: this, a board estimated at L1,700. The governor
+was, however, desirous of depriving Lewis of the indemnity, and the
+legislative council resolved, seven to four, that the observations of
+Mr. Lewis were not within that qualification; and requested that, if the
+secretary of state persevered in his determination, he should pay the
+complainant from the land fund. Such resistance was obviously official,
+and without moral weight, and the money was eventually paid.
+
+Several months after the departure of Mr. William Bryan for Great
+Britain, his nephew, Mr. Robert Bryan, and another, were charged with
+cattle-stealing. The constables who professed to watch the prisoners,
+alleged that they saw the animal in question driven homeward by the
+accused, and on the second day following discovered the skin thrown into
+the scrub. Witnesses contradicted the constables, who were all prisoners
+of the crown, in some material points. The young man was sentenced to
+death. The capital penalty was not inflicted; but it was the popular
+notion that he was the victim of a conspiracy.
+
+The young man, Robert Bryan, was tried on two separate indictments, and
+such was the evidence, that many unprejudiced persons concurred in the
+verdict: yet the witnesses against him were open to suspicion. It was
+commonly asserted that he was sacrificed; if not by the contrivance,
+with the concurrence of the government.
+
+The trial was reported by the _Colonial Times_. The editor, Mr Henry
+Melville, pointed out in strong language the suspicion of unfairness;
+the dependence of the jury; the presence of the governor at Launceston
+during the trial; the infamous character of certain of the witnesses;
+and the overruling a challenge of a juror by the prisoner. The remarks
+of Melville were carried beyond the tolerated bounds of public
+criticism; the attorney-general, Stephen, induced the court to issue an
+attachment. The defendant was required to admit the authorship: this
+being done, the judge whose conduct he had censured pronounced the
+sentence.[192] To judge, condemn, and imprison, at once and by the party
+offended, included all that tyranny could ask. Any reference to the
+proceedings of a court, which the judge might choose to pronounce a
+libel, might consign to perpetual imprisonment. A similar case, at
+Newfoundland, was discussed in the House of Commons, and the ministers
+joined the opposition in severely reprehending the practice. The papers
+published the debate, and Arthur slowly obeyed the signal, and gave
+Melville his liberty.
+
+Motions for attachment have not often disgraced the administration of
+justice: they are relics of barbarous times. This process was issued
+against Fawkner, the editor of the _Launceston Advertiser_, who escaped
+by an apology; and it was moved for by the attorney-general, Stephen,
+against Murray and Melville, for calling an affidavit of the
+solicitor-general--to the effect that a fair trial could not be obtained
+in Bryan's case with a colonial jury--"an extraordinary document!" The
+judges dismissed the application, when Stephen remarked, that he
+"thanked God he despised the observations, as well as the scoundrel-like
+motives which influenced them."
+
+The intermixture of cattle of various owners, in the extensive forests
+belonging to the crown in the northern districts, afforded opportunities
+for plunder, and frequently occasioned disputes and quarrels. The
+herdsmen were often careless and dishonest, and their masters were
+liable to share the reproach of their mistakes or guilt. The marks
+distinguishing such property easily escaped the memory: it was often
+left to the choice of the magistrate to commit for felony, or resign the
+dispute to a civil tribunal.
+
+The constabulary were mostly prisoners of the crown. Their office
+entitled them to an earlier attainment of their liberty than other
+convicts: the detection of a serious crime gave them claims for a still
+quicker liberation; and the desire of freedom prompted them to lay
+snares for persons suspected, and even to commit a crime that they might
+charge it on the innocent. Thus, they would sometimes slaughter a
+branded beast, and throw its skin on the premises of the selected
+victim. Such atrocious wickedness was certainly not common, but that it
+sometimes occurred is beyond all doubt.
+
+Captain Serjeantson, of the 40th regiment, a gentleman connected with
+several opulent settlers, was murdered (1835). The family collected
+L500: to this the governor added L100 more, for the discovery of the
+murderer, who was found to be Hunt, a bushranger, afterwards shot by a
+small settler, and who dying confessed the crime. In this case, a
+constable, Drinkwater, proposed to another to earn their free pardons.
+The plan sketched was to deposit shot in the hut of a man at Campbell
+Town, who was suspected, resembling that extracted from the body of the
+deceased. A constable, invited as an accomplice, betrayed the project;
+not, however, until the proof of its existence was indisputable. The
+same constable had proposed to throw a sheep stolen from the flocks of
+Mr. Willis, on the premises of a man, "on whom there was a down."
+
+The intentional encouragement of perjury cannot be imputed to the
+government; but necessity induced a most perilous laxity of feeling.
+Thus on a trial, the judge not only stopped the case, but committed the
+prisoner policemen for perjury: these persons were discharged by the
+attorney-general, and established again as constables. Their oaths had
+already produced several capital convictions, and they became qualified
+to accuse and convict the most upright men. The ignorant police agents
+considered that the successful prosecution of any person, regarded by
+their officers with hatred, would entitle them to benefits; and even the
+prisoners in service discriminated between those whom they might accuse
+with impunity, and such as were protected by their connections. Nor was
+this all: in the height of political excitement, a prisoner was arrested
+in the neighbourhood of Mr. Gregson's dwelling, who avowed his intention
+to assassinate that gentleman, in the expectation of a reward.
+
+The affair of Mr. Bryan increased the anxiety of the colony to obtain
+trial by jury, independent of the court and the influence of the
+executive. By the custom of England, this privilege could only be
+suspended by martial law, when the ordinary courts were closed: wherever
+the authority of the crown was recognised, the accused was entitled to
+trial by his peers. Nothing could be more alien from the habits of
+Englishmen, than to lodge the functions of grand jury in the hands of an
+officer of the crown, or commit life or liberty to the verdict of a
+military jury. A paramount necessity required the practice for a time;
+but a change was delayed, by the hesitation of the government, long
+after the colonies contained a body of freemen.
+
+The decision of Judge Forbes, instanced in a former page, which
+determined that the common law right remained with the session of
+magistrates, had been acted on for a time. Emancipists sat on these
+juries, and exulted in the privilege. Their press, in publishing the
+list, distinguished the members of their body by affixing stars (*) to
+their names. The act of parliament (1828) set aside the interpretation
+of the judge; but when it took away the common law right, it gave power
+to the crown to authorise the institution of juries, at the discretion
+of colonial legislatures. Thus an ordinance entitling to trial by jury
+in civil cases, was established in New South Wales (1829). The chief
+justice strongly favored the eligibility of emancipists, who were three
+times more numerous than the immigrant population. The non-official
+members of the council were generally opposed to their admission; but
+the measure was carried by ten against five. Thus, although the trial of
+criminal causes still remained with the military, the courts could not
+withdraw civil wrongs from the verdict of civilians. By this act the
+officers of government were liable to some responsibility, and in
+several instances were cast in damages, notwithstanding the efforts of
+the crown to defend them.
+
+While civil jurors were confined to civil issues, they sat in the box
+occupied at other times by the military jury. An officer had amused his
+leisure, while sitting on a trial, by tracing caricatures of the civil
+jurors, and writing libels on the benches. Thus insulted, they appealed
+to the court for protection. The judge was unwilling to interfere; but
+being pressed, remarked, that were the authorship traced to a military
+juror, he would close his court rather than intrust to such hands the
+administration of justice (1830).
+
+The hostility of the opulent emigrants to the eligibility of emancipists
+was intense and lasting. This was still more active when the trial of
+criminal issues passed into their hands (1833). They asserted that the
+criminal at the bar was too literally tried by his peers, and that
+scenes disgraceful to public justice were enacted in the retiring room.
+It required all the authority of the court to repress antipathies so
+openly avowed. The rancour excited by this question is scarcely
+credible: a gentleman addressed the judge from the box before he was
+sworn, and asked if he was expected to deliver a verdict with twice
+convicted felons? Appearances of partiality and corruption were quoted
+to prove the pernicious effect of their admission. The magistrates,
+usually hostile to the measure, returned as fit and proper persons,
+those whom they knew would disgrace the box. Some flagrant cases were
+exhibited as specimens of the whole: a juror, out on bail for
+horse-stealing, resolutely acquitted another charged with
+cattle-stealing, and was convicted himself. Thus, it was said, returns
+to the summons of jurors, in one instance, was "hanged;" in another,
+"transported for life."
+
+These were certainly blemishes, but they were magnified into radical and
+incurable defects (1835). The complaints of the gentry, induced Governor
+Bourke to take the opinion of the judges and the law officers of the
+crown: on the whole, they were fully satisfied with the result of the
+law. It was remarked by a judge, that the accused would sometimes choose
+a military jury, or a jury of twelve, according to the nature of the
+offence: in cases of aggravated violence they often preferred a military
+jury, but where conflicting testimony was likely to occur, they
+preferred the greater number, only as less likely to agree. Forbes
+stated that the chief difficulty was confining the juries to the
+question of fact; but their verdicts had generally satisfied him. It was
+the opinion of the judges, save Mr. Justice Burton, that trial by jury
+had been too long deferred, and that benefit would result from its
+unqualified adoption.[193]
+
+In Van Diemen's Land, an ordinance was passed (1830), permitting the
+judge to allow a jury in civil cases, whenever it was desired by either
+party. The names were twenty-four: from these both parties struck out
+six, and the remaining twelve were the jury. The first trial occurred
+1830 (Butler _v._ Bent), in an action for libel, contained in a series
+of letters written, or acknowledged, by Wells, an emancipist, and signed
+"Simon Stukely." They were afterwards collected into a volume. The chief
+persons in the colony were described with considerable spirit, but with
+the usual injustice of anonymous satire.[194]
+
+The danger to the fortunes of the people was more severely felt than the
+peril of their liberty and lives. Thus a public meeting, demanding trial
+by jury, was held in 1834: an address was presented to Arthur by a
+deputation. In urging the amendment of the law, they referred to the
+extraordinary powers possessed by the government. Arthur, in reply,
+professed a liberal desire to gratify their wishes; but denied that he
+possessed extraordinary powers, or that "they required to be watched
+with more than usual jealously." He had, however, deferred the
+establishment of British laws to the last possible moment, and certainly
+possessed great powers; on the whole, more capable of perversion than
+any ever known in a British colony.
+
+The attorney-general, Alfred Stephen, was desirous of substituting for
+the assessors a jury of seven, instead of twelve. His project was
+opposed by Mr. Kemp, and indeed very generally disapproved. It was
+argued, that the chances of influence multiply as the number of jurors
+are decreased, and that the national practice was the only safe guide.
+The amount of discussion that attended the dispute was prodigious:
+pamphlets, and letters without end. The prejudice of the people was,
+however, on the right side: although there is nothing sacred in an ancient
+number, the retrenchment must have increased the facility of corruption.
+The law, as it ultimately passed, removed the danger, by giving either
+party a right to demand a jury; and to the party against whom the
+application was made, a choice between a petty and special jury; but
+three-fourths were taken as the whole, after six hours deliberation.
+
+This act was framed in virtue of an order of council by the king in
+1830. It provided that in criminal prosecutions where the governor, or
+any inferior officer, civil or military, could be interested in the
+result of a trial, a jury taken from the special jury list should try
+the issue.[195]
+
+To Arthur the colonists were not indebted: the secretary of state had,
+long before, announced the determination of the government in favour of
+the measure. It was not carried out until nearly four years after its
+authorisation. The removal from the colony of the stigma of military
+juries, was delayed until 1840, when the trial of crimes and
+misdemeanours was entrusted to the hands of the inhabitants, and the
+grand bulwark of public and private freedom raised in Tasmania.
+
+The convictions for perjury were not numerous: the whole system partook
+of the unsoundness of its elements, and the inhabitants were indebted
+for their safety to those principles of humanity, which, in the absence
+of interest and passion, regulated the measures of the government, and
+restrained its agents from atrocious conspiracies.
+
+FOOTNOTES:
+
+[Footnote 190: Signed by C. Swanston, T. Anstey, J. Kerr, C. M'Lachlan,
+R. Willis, W. A. Bethune.]
+
+[Footnote 191: Letter produced by Mr. Kelsy, of the Colonial office.]
+
+[Footnote 192: Twelve months imprisonment, L200 fine, and sureties in
+L500 for two years.]
+
+[Footnote 193: _Par. Pap._ 1837.
+
+6th Geo. iv. c. 5, disqualified a person to serve convicted of any
+capital offence, except free pardoned.
+
+7th & 8th Geo. iv. c. 28. sec. 13, gave to a conditional pardon under
+the sign manual the same effect as great seal.
+
+In cases not capital, service had the effect of free pardon: 9th Geo.
+iv. c. 32. sec. 3.
+
+All the laws of England were adopted by the Act of 1828: thus the
+disqualification for jurors, in cases capital, was taken away.
+
+Judge Forbes stated, that in civil issues the juries had some difficulty
+in comprehending the distinction between law and fact: _ad questionem
+facti respondent juratores, ad questionem legis judices_.]
+
+[Footnote 194: The original Simon Stukely was a quaker, who went to
+Turkey with an intention of converting the Grand Turk: he narrowly
+escaped decapitation, by the interposition of the English ambassador. He
+was afterwards confined in an asylum: in answer to inquiries how he came
+there, he replied--"I said the world was mad, and the world said I was
+mad; and they out-voted me."]
+
+[Footnote 195: Passed, 5th November, 1834.]
+
+
+
+
+SECTION XVI.
+
+
+The _True Colonist_ newspaper was published daily during 1835: the
+editor, Mr. Gilbert Robertson, filled its columns with strictures on
+government, and in a style which might be termed heroic, if inspired by
+truth. The rashness of his imputations was never surpassed. He heaped on
+the governor, and the members of his administration, charges of
+misdemeanour and felony. One day he denounced them at the police-office,
+and the next printed his accusations _verbatim_. He libelled the
+governor (whom he accused of altering a deed after its enrolment) in a
+paper, headed "a fearful discovery;" and declared him not less deserving
+than others of a capital conviction. Robertson charged an overseer of
+Arthur with feloniously receiving hay for the governor's use, and with
+his connivance. His nephews, Captains Forster and Montagu, were each
+accused of a felonious appropriation of property belonging to the crown.
+For these imputations, Robertson suffered fine and imprisonment;[196] in
+part remitted by the clemency of Arthur. Such charges were a buckler to
+the governor against the current scandal of the time. They were
+transmitted to the colonial-office: they destroyed the moral weight of
+the press, and cast suspicion on just complaints, yet emanating from a
+community which tolerated such extravagance.
+
+It is not to be inferred that the opponents of Arthur's government,
+generally sanctioned these excesses. The violence of periodical writings
+resulted partly from the paucity of topics, and was mainly a necessity
+of trade. The limited field of discussion huddled all disputes into a
+squabble. The writers could not forget the names of their antagonists:
+they espoused with vehement zeal the trivial quarrels of this or that
+functionary; officers, who were dismissed, supplied anecdotes of those
+left behind, which were worked up in every form. The want of ideas and
+information would have withdrawn many writers from the combat, had they
+not possessed CAPITALS, exclamations (!!!!), and dashes--officered by
+epithets of horror, as an army of reserve. These attempts to impart
+energy to weakness, and terror to insignificance, gave to the articles
+of many old newspapers the aspect of auction bills, rather than
+political disquisitions.
+
+The reader of a better era may fancy this description shaded; but the
+writer, in preparing this work, has explored many a volume, and shudders
+at the memory of his toils: he would not assign them to his worst enemy.
+Such were not all: there were writers on either side, whose opposition
+was discriminating, and who enlightened the understanding without
+debasing the taste. The press was the more licentious, because nothing
+else was free; but it raised a barrier against official corruption. Men
+of integrity were annoyed, but rarely injured. It intimidated the
+corrupt, and protected the oppressed. Considered in detail it was often
+detestable; but it prevented mischief more serious and lasting.
+
+These contentions embittered colonial life: they were daily renewed. The
+topics they embraced were rarely interesting beyond the moment: they
+filled the ephemeral publications of the day, and they now lie entombed
+in those repositories of the literary dead.
+
+From 1831 to the termination of Arthur's government, the circulation of
+newspapers prodigiously increased: the improvement of the postal
+establishment facilitated their spread. Settlers, who delighted in their
+controversies, or dreaded their censure, subscribed to them all. With a
+few honorable exceptions they rivalled each other in recklessness of
+statement and roughness of diction. No lover of truth will accept their
+testimony, or transmit their praises. They were often what they were
+denominated by the chief justice--"a moral guillotine."
+
+The spirit of contention was promoted by the peculiar fabric of society.
+The great majority of the colonists were below the period of human life,
+when the temper becomes cautious and the passions calm. Its narrow
+sphere magnified their temporary importance. Every man might claim, or
+forfeit benefits the government could bestow, and thus multitudes had
+personal grievances, or unsatisfied expectations. The hostilities of the
+day were almost invariably associated with some sense of individual
+wrong. A grant of land desired by one, was given to another; a valuable
+servant was denied on some public pretence, and then assigned to a
+favored applicant. One found his mercantile tenders always rejected,
+while another, by some unintelligible process, engrossed the custom of
+the crown. A youthful stranger was invested with the honors of a
+justice, when colonists of long standing were left undistinguished. The
+infractions of rule involved one master in public disgrace; another, was
+a licensed transgressor. Such was the complaint, which might be easily
+illustrated by examples; but they are such as a knowledge of mankind
+will amply explain, and are inevitable when the form of government is
+arbitrary, and where its functions enter into all the details of private
+life.
+
+This was felt towards the close of Arthur's administration, and many,
+not prone to party strife, were anxious for its termination. The
+meetings to petition were more frequent, and assumed a more general
+character. As the causes of dissension became better understood, the
+patronage of the governor ceased to be considerable, and no colonist was
+a lover of unprofitable despotism. These sentiments prevailed in both
+penal colonies.
+
+A "political association" was formed in Van Diemen's Land: a standing
+council was organised, under the auspices of certain leading
+politicians, who discussed the measures deemed necessary to amend their
+social and political condition. Mr. Thomas Horne, the secretary of this
+body, opened a correspondence with the governor, and endeavoured to
+direct his attention to its complaints. Arthur declined recognising his
+credentials, without an express sanction from the crown. The
+association, however, carried on its debates. The council deliberated in
+public: the members were assembled in the body of the hall, and
+spectators were admitted to the gallery. Their proceedings were reported
+in the newspapers, but with party coloring. By Dr. Ross they were
+turned into bitter ridicule: his remarks were retorted with cruelty and
+insult. A storm collected around him he could not disperse, and he laid
+down his pen soon after, with expressions of ill-concealed anguish.[197]
+
+FOOTNOTES:
+
+[Footnote 196: "I charge Mr. Fitzpatrick, late overseer of the
+government farm, with stealing or embezzling a quantity of hay, the
+property of the crown; and one John Compton, the overseer of Colonel
+Arthur's farm at the Marsh, with receiving the hay. I also charge Mr.
+Davidson, late superintendent of the government garden, with embezzling,
+and Captain Forster with receiving, four Norfolk Island pines, value
+L20, the property of the crown. I have another distinct charge against
+Captain Forster, and one against Captain Montagu, for stealing or
+receiving certain building materials, the property of the crown."--_True
+Colonist_, Feb 26, 1835.]
+
+
+
+
+SECTION XVII.
+
+
+The recall of Arthur, long anticipated by his enemies, at length
+arrived. Some months before, he had been informed by the secretary of
+state, that "having continued him in his government for the unusual
+period of twelve years, the crown intended to name his successor." On
+the recommendation of Mr. Huskisson, the duration of an ordinary
+government was limited to six years: special reasons withdrew Van
+Diemen's Land from the operation of this rule.
+
+The ministerial changes at the seat of empire left Arthur's influence
+unimpaired. The variations of national policy rarely reached his sphere.
+Unwelcome orders he managed to modify or evade. The difficult nature of
+his duties, the distance of his government from supervision, and the
+weakness of the free population, enabled him to assume and maintain for
+many years a discretion all but unlimited. The state of the colony on
+his arrival has been already noticed. The measures he adopted to coerce
+and control the convict population, and to subdue the aborigines, will
+be found in the second volume of this History. He repressed the outrages
+of the lawless, and restored comparative tranquillity. Under his
+auspices the chief town, which he found consisting of a few frail
+dwellings, assumed the aspect of a commercial city. Many, he received in
+chains, were established in social happiness: many immigrants, who
+arrived with slender resources, had risen to opulence.
+
+A series of forty-seven statistical tables, prepared by the colonial
+secretary, his nephew, exhibit a progress then almost unexampled. In
+1836, the revenue had increased from L16,866 to L106,639; the imports
+from L62,000 to L583,646; the exports from L14,500 to L320,679; mills
+from 5 to 47; colonial vessels from 1 to 71; churches from 4 to 18: the
+population had risen from 12,000 to 40,000; and every branch of public
+and private enterprise exhibited the same general aspect.
+
+It would be absurd to ascribe to Arthur even the main credit of these
+results: they were the effect of that spirit of industry which ever
+characterises the native of Great Britain, and which nothing can wholly
+extinguish. Nor was this prosperity without alloy. The unproductive
+improvement encouraged, was sometimes unhealthy. The settlers were
+deeply involved: the valuation of property was raised beyond reasonable
+calculation. The pleasing delusion was cherished by the members of the
+government, whose official and private interests concurred to dupe them.
+Happy were they who sold. Arthur left many who, acquiring his favour by
+the extent of their outlay, and the vigour of their enterprise, were
+laden with debts from which they never recovered, and a prey to
+perpetual solicitude.
+
+The great demand for sheep and cattle, created by the establishment of
+new colonies, gave a temporary respite: flocks were sold at L2 per head,
+and were purchased in large quantities. These ameliorations were only
+transient, and the wide regions open to adventure lessened the worth of
+those properties which had been valued by the farms of Great Britain,
+not the unpeopled wilds of New Holland.
+
+A just estimate of Arthur's administration, must include all the
+peculiarities of his position, and the complicated interests he held in
+trust, whether they relate to the imperial government, the free, or the
+bond. The measures best for the colony were not always compatible with
+the design of its establishment. Nor must we forget that, in surveying
+the past we have lights which rarely attend the present; that much which
+experience may amend, it is not possible for wisdom to foresee.
+
+The primary object of the crown in colonising this island, was accepted
+by this governor as the chief aim of his policy. The settlement of free
+men he considered but subsidiary to the control and reform of the
+transported offender: their claims, their duties, and their political
+rights were, in his view, determined by their peculiar position. They
+were auxiliaries hired by royal bounties, to co-operate with the great
+machinery of punishment and reformation. As the representative of the
+crown, he stood off from the colonists in their sympathies and ultimate
+views. Employed not to build up a free community of Englishmen, but to
+hold in check the criminality of an empire, with him the settlement was
+an institution requisite to the effective execution of penal laws. Such
+he found it: such he desired to mould its growth, _and to prolong its
+destination_. Thus, except in the capacity of employers, he regretted
+the arrival of free men, and warned the ministers of the crown, that by
+their encouragement of emigration, they were destroying the value of
+bond labor, the dependence of the settlers, and the adaptation of the
+island for the purposes of a prison.
+
+Thus, in his official correspondence with colonists on subjects of a
+political nature, Arthur always avowed hostility to liberal ideas, and
+scoffed at their solicitude for the common rights of English people.
+While the opposition could avail, he resisted the liberty of the press,
+trial by jury, and open discussion of legislative measures. His remarks
+were often in a tone austere and reproving; nor did he think himself
+obliged to preserve that dignified complaisance which softens the
+differences of political life. The settlers were expected to stay at
+home, to keep their servants in custody, to denounce their infractions
+of penal rule, and as the "materials of prison discipline," (so they
+were denominated) to carry out a judicial sentence. They knew, before
+they came, they must sacrifice British rights, and with the political or
+social influence of transportation, beyond their own fences, they had no
+concern.
+
+As an officer of the army, the profession of Arthur was not unfavorable
+to the main purpose he avowed: the process he conducted was, of
+necessity, harsh and imperative. In the selection of instruments, he
+preferred military men: they were without colonial scruples, and when
+the government was unconcerned, perhaps, without partiality. They were
+deficient in legal knowledge, and as magistrates sometimes overlooked
+the material facts; but they despised the reproaches of the press, and
+the censures of civilians.
+
+In the course of his administration, Arthur had most places at his
+temporary disposal: he filled them, wherever possible, with his friends;
+and he left his nephews in the highest appointments within their
+professional capacity. Arthur drew out a minute detail of official
+subordination: the duties prescribed for his officers were defined with
+labored exactness, and the reins of control met in his hands. Everything
+was referred to himself, and his instructions were definite, and
+generally irrevocable. Many persons appointed by the crown were
+dismissed, or thrown off, by his contrivance. Accident placed many
+offices in his provisional gift. Baxter, a judge elect; Gellibrand, an
+attorney-general; Ferreday, a sheriff; Thomas, a treasurer; Burnett, a
+colonial secretary; O'Ferrall, a collector of customs; and many in lower
+station, relinquished or lost their appointments, by the determination
+of his inflexible and unflinching will. The forfeiture was sometimes
+obviously just; but it was a maxim of his government to fill the
+departments with persons who knew no patronage except his own. Among
+them were candidates for the same gifts, who looked for fortunes beyond
+the limits of their duties: they cultivated farms; became competitors
+for prisoner labor; and speculators in commerce. The supreme court and
+the newspapers were often occupied by their recriminations: sometimes
+they exchanged challenges, and sometimes writs. The colonists in
+opposition saw, not without some gratification, dissensions which seemed
+to weaken the common enemy; and the press was often enriched by the
+malice of official pens. Many were, however, too wise to quarrel: their
+quiet industry enabled them to combine their public and private
+employments, without scandal, and with success. They were, indeed,
+accused of peculation; but specific charges were generally rebutted, and
+can now only be noticed as a rumour, and dismissed as detraction.
+
+The officers trained under Arthur acquired his tact, and imbibed his
+spirit: the least deemed himself something superior to the richest
+trader, or the most enterprising colonist. The sub-divisions among
+themselves were minute and rigorously enforced. They were, however,
+subject to vicissitudes. Those who lost their appointments furnished the
+material of libels: reported the peculations and duplicity of their late
+colleagues, and often became distinguished for their patriotism.
+
+The patronage permitted to Arthur was enormous: to a large extent he was
+the almoner of the crown. Thus disaffection became highly penal: a
+quarrel with a magistrate, or a friendly intercourse with persons under
+a ban, exposed the delinquent to serious pecuniary loss. These
+considerations were avowed.[198] The dread of injury made the timid
+servile, and corrupted private intercourse. A secret influence pervaded
+every rank: society was embittered by suspicions and the dread of
+denunciation; and had not the growth of population decreased the
+comparative power of the government, or had its original plan been
+perpetuated, it must have formed a community of slanderers and slaves.
+The intentions of the governor, however just, could not save him from
+the falsehood of spies, and thus the perpetration of wrong. It was early
+announced that opponents would be "crushed." The extent of the "crushing
+system" was greatly exaggerated, and even the course of good government
+was commonly ascribed by the sufferer to official enmity and avarice.
+
+The industry of Colonel Arthur was constant: his attention to the
+details of his government, and his perseverance as a despatch writer
+were universally admitted: a large proportion of his time he spent in
+his office, and toiled with an assiduity which would have been fatal to
+ordinary men. It was commonly stated that he was not very accessible;
+but he willingly heard those whose education and habits qualified them
+to suggest. Persons of every rank were admitted to an audience on a
+slight pretence. He was quick in estimating the characters and
+capacities of all who approached him.
+
+The executive council was useful to Arthur, without obstructing his
+measures. When he resolved on a project, he would nominate a board, and
+obtain its sanction. When his private views were opposed to his
+instructions he affected impartiality, and seemed to yield rather than
+to guide. These artifices were well understood; but the colony often
+approved the object, and admired the ingenuity of its execution. A new
+colonial minister, in the hurry of his office, gladly surrendered to the
+governor's judgment a question often beyond his comprehension, and which
+to resist it was necessary to understand. Thus it was ordered to execute
+public works by contract instead of the gangs; to levy a tax on convict
+labor; to retain men seven years in chains. Boards, or commissions,
+which gave him the aspect of a mediator or judge, advised him to
+postpone and quash the disagreeable order or restriction. Thus during
+his government his influence was paramount, and inferior functionaries
+were satellites who obeyed his impulse, or were driven from their
+spheres.
+
+The chief justice alone could pretend to independence: by his seat in
+both councils he possessed a voice in the enactment and administration
+of the laws--a subject of continual suspicion and complaint, and really
+dangerous whenever the government was a party. The chief justice
+ultimately resigned his seat in the executive council (1835). The
+secretary of state had declared in parliament that legislative and
+executive offices were incompatible with the proper functions of a
+judge.
+
+The great works of Arthur were attributed by his opponents to sinister
+motives: those most frequently mentioned were the new wharf at Hobart
+Town, the road to Richmond, and the Bridgewater causeway. Arthur
+benefited by his fore-knowledge. The imputations of personal injustice
+or corruption were unfounded: what he gained, others did not lose,
+except by the common risks of a sale. Thus the property of the Rev.
+Robert Knopwood, whom he was said to defraud, was several times in the
+market: it was offered by advertisement many years before: its future
+appropriation to commerce was predicted, and was described to enhance
+its price. It was offered by Mr. Knopwood to Mrs. Hodgson for L800: it
+was purchased by Mr. H. Jennings, a nephew of Mr. Gellibrand, senior,
+without reference to Arthur; and was finally sold to his agent at a
+small advance. The new wharf rendered the purchase highly advantageous;
+but there was neither deceit nor oppression.
+
+The great work he began at Bridgewater, where a magnificent causeway
+forms the abutment of a bridge which connects both banks of the Derwent,
+was a task of many years: many thousand pounds in value lie buried.
+Arthur had estates in its vicinity. The other charges of corruption are
+of a similar nature, even less substantial than these.
+
+But although many of his works will perpetuate his memory while the
+country lasts, they could only be justified by their connexion with
+penal arrangements. The discipline prescribed did not admit of rapid
+movement or wide distribution. Huts were necessary for the convicts,
+houses for their officers, and various stores; and it was only on
+extensive excavations that labor could be inspected with success. The
+waste of expenditure was rather apparent than real. The objects
+contemplated were not colonial; and thus, if the local obligation is
+lessened, the ground of complaint is diminished.
+
+During his government, Arthur became wealthy: his estates were numerous,
+and their sale realised a large amount. That he acquired them improperly
+is not even capable of suspicion; that he applied clandestinely the
+means afforded by his office to improve them, is equally destitute of
+evidence. Nor is it easy to see how a community can be injured by the
+outlay of capital acquired in its service, or the interest of its
+officers in the soil. The moral weight of government was compromised far
+more by the air of mystery which veiled, than the corruptions which
+debased it. The outcries raised against the disposal of land in special
+instances, were often misdirected: many deviations from strict
+impartiality were prescribed by the secretary of state, whose discretion
+was unlimited by regulations. Arthur was silent, and his character
+suffered: he despised reproach, which notwithstanding impaired his
+influence for good. Just before his recall, Mr. William Bryan made
+statements before the Commons of mis-appropriation of crown lands, which
+had been the text of colonial articles without number, when a secretary
+from the colonial-office stated that the more serious were unfounded;
+that many were ministerial acts; and the whole series were reduced to
+comparative nothingness.[199] While Arthur had the power, he was not
+sparing in its use: he endowed his friends. Nor is it incredible, that a
+private service to himself detracted nothing from weight of public
+obligation.
+
+Arthur was no fickle or hesitating patron, and the qualities he approved
+are nearly allied to virtue: he appreciated humanity, sobriety,
+industrious habits, and religious decorum. Respectable men, who did not
+question or cross his path, might usually calculate on his complaisance.
+But those who reckoned up his estates; numbered the benefits conferred
+on his friends; estimated the cost of his government; or criticised his
+public works; found that he did not fear, although he detested them. The
+imperial officers cared not in what direction his patronage was turned,
+and their nominees experienced and praised his generous discretion.
+
+The impressions of devout men were usually favorable to Arthur: he told
+them his objects and trials with apparent humility and devotion. He
+listened with deep attention to their plans of usefulness, and talked,
+especially of the prisoners, in strains of christian compassion. His
+sanction was given to every benevolent scheme, and he gathered around
+him a very large proportion of those persons who care more for the
+circulation of religious knowledge than the civil enfranchisement of
+mankind. The ready countenance of their labors lessened, in their view,
+his civil faults. Nor can it be denied, that the decorous habits of the
+governor confirmed his religious pretensions. Wherever he appeared,
+ribaldry and drunkenness vanished. The open licentiousness of public
+officers he did not tolerate, except the offenders were distinguished by
+official cleverness.
+
+Addresses from all denominations of Christians expressed their
+admiration of his religious sympathies and his moral worth; and in the
+most bitter outburst of party spirit, his domestic character was never
+assailed. The testimony of Messrs. Backhouse and Walker, members of the
+Society of Friends, would generally be adopted by most persons of their
+class:--"Our first interview with Colonel Arthur gave us a favorable
+impression of his character as a governor and a christian, which further
+acquaintance with him strongly confirmed. He took great interest in the
+temporal and spiritual prosperity of the colonists, and the reformation
+of the prisoner population, as well as in the welfare of the black
+inhabitants."[200]
+
+Messrs. Backhouse and Walker were authorised by the Society of Friends,
+and sent on a religious mission to these colonies: they brought a letter
+of introduction from the secretary of state, Lord Goderich, requesting
+the governor to forward their benevolent object.
+
+The more violent opponents of Arthur, connected with the press,
+afterwards retracted their opinions; but their statements must be read
+with equal caution, whether they censure or praise.[201]
+
+A collection was made by Arthur's friends in token of their regard,
+supposed to exceed L1,000 in value. It, however, indicated rather their
+liberality than their number: individual contributions were not limited.
+The addresses were signed by many who were conciliated by his moral
+sentiments, but disapproved of his government; they however, seemed to
+justify the ministerial applause which crowned his administration. Sir
+George Grey referred to these tokens of esteem, as evidence of
+popularity, and the contentment of the people.[202]
+
+Arthur held his last levee on the afternoon of his departure:[203]
+several hundreds were present, collected from all parts of his
+government. He proceeded with the chief officers, civil and military, to
+the beach, where the 21st Fusileers awaited him: multitudes attended his
+progress; the wharf was crowded with spectators; a hundred boats
+surrounded the government barge, and followed him to the ship. The
+vessels in the harbour were decorated, and his numerous friends gave the
+usual demonstrations of favour. In these feelings many did not
+participate: some followed him with hisses and groans; others
+illuminated their houses in token of joy. Some fell into the hands of
+the police, overpowered by their excessive gladness. Having gone through
+the ceremony of embarkation he returned to his office, and spent the
+night in completing his last labors. Adverse winds detained the vessel,
+and he passed the Sabbath in sight of that country where his name can
+never be forgotten; and where monuments more durable than brass, formed
+by his care, will remain to the end of time.
+
+The manners of Arthur were formal; his tastes moral; his temper
+vindictive. He approved the right, and usually followed it; but his
+resolution once taken, he did not hesitate. He devoted all who opposed
+him: and those whom he could not conciliate, if possible, he bore down.
+The sentiment of religion, however, did sometimes triumph over his
+antipathies. His contest with Mr. Gellibrand, the barrister, continued
+many years; but they met at the sacrament shortly before their final
+separation. Arthur approached the seat where Gellibrand was sitting, and
+offered his hand. This being misunderstood, a prayer-book was tendered
+him: he then explained, that before they joined in the solemnity which
+had brought them there, he was anxious for reconciliation.
+
+Such only who know little of man, and of those conflicting passions
+which attain alternate ascendancy in the human breast, will survey with
+distrust a scene like this. In the presence of the Almighty the loftiest
+mind may bend without meanness, and recognise the moral grandeur of a
+forgiving spirit.
+
+A few months after the departure of Arthur, Mr. Joseph Tice Gellibrand
+lost his life. He visited Port Phillip, a place which long engaged his
+thoughts: in company with Mr. Hesse, a barrister, he set out to explore
+the interior; they missed their way. The guide who attended them was
+convinced of danger: he could not prevail on them to change their route,
+and he returned alone. Their long absence occasioned anxiety, and
+parties of their friends attempted to track them: they found that when
+in company with the guide they had crossed the Byron, instead of the
+Leigh, their intended course; they then travelled on about fifteen miles
+by the river side, and over a plain, and entered a wood soon impervious
+to horsemen: then their track was lost. For several years, efforts were
+made to solve the mystery of their fate. In 1844, the natives directed
+Mr. Allen, a gentleman of credit, to a spot where they stated a white
+man had been murdered: there he discovered human bones, but no evidence
+by which identity could be established. Beyond this, nothing certain is
+known.
+
+On his return to Great Britain, Arthur was received with favour by the
+ministers. He was created a knight, and appointed governor of Upper
+Canada: afterwards, he obtained a similar office in India.
+
+Sir George Arthur cannot be withdrawn from the rank of eminent
+functionaries; and his administration, on the whole, is entitled to more
+than respectful remembrance.
+
+FOOTNOTES:
+
+[Footnote 197: _Ross's Almanack_, 1837.]
+
+[Footnote 198: Mr. Meredith, of Swanport, captured bushrangers; but
+after their trial was anxious to intercede for their lives. He applied
+to the police clerk, a ticket-of-leave holder, for a copy of his own
+deposition, and that of his servant: this, not uncommon, was called a
+breach of trust. The clerk was punished, and Meredith warned that he
+would receive no more servants, except he could explain his conduct. A
+report reached the government, that himself and Mr. Amos set the
+magistrates of the territory at defiance, and he was told his servants
+would be probably recalled. This was a practical application of Arthur's
+views, before expressed to the same settler. The governor maintained,
+that when the secretary of state authorised a grant of land, it did not
+confer a claim on the government for the assignment of servants (_Letter
+to Mr. Meredith from the Colonial Secretary_, 1828). It was alleged,
+that the conduct of Meredith had been inimical to the government, and to
+the maintenance of internal tranquillity.]
+
+[Footnote 199: At p. 148 of this volume, it is said, that an
+attorney-general (Stephen) received an additional grant for improvements
+he never made. This, Mr. Stephen contradicted, and stated that when he
+obtained his maximum grant he was not in office. The statement was made
+by Mr. Bryan before a committee of the House of Commons.]
+
+[Footnote 200: _Backhouse's Narrative_, p. 15.]
+
+[Footnote 201: "At the time to which he (Mr. Hall, of the _Monitor_)
+refers,--we say it with the deepest regret--we suffered ourselves to be
+influenced by a set of heartless, self interested beings, whose opinions
+we blindly adopted, and to whose objects we were the dupe. Other
+circumstances produced a state of excitement which can never again exist
+here, because it can never be again endured."--_Tasmanian_ (Mr. R. L.
+Murray), June 25, 1833.
+
+"We were forced into opposition by what we conceived to be an act of
+unmerited, unprovoked injustice, which we resented; and the perpetration
+of which led us to listen, and to be influenced, by the opinions of
+those into whose intimate associations we were drawn. We thereby
+provoked persecution, which we resented: we were prejudiced by these
+persecutions, and our opinions and the expression of our feelings were
+influenced by this feeling of unmerited suffering, and by the opinion of
+those into whose association we were driven." ... "If we have, in our
+editorial capacity, wronged any man, we sincerely ask their forgiveness;
+and wishing health and prosperity to every man in the colony, we now bid
+adieu to our editorial pen for ever."--Mr. Gilbert Robertson's legacy:
+_True Colonist_, December 28, 1844.]
+
+[Footnote 202: Speech, 18th of April, 1837.]
+
+[Footnote 203: The legislative council adopted an address, which
+expressed a warm admiration of his character.
+
+"The members immediately proceeded in a body to the great entrance of
+the government-house, where they were received by a military guard with
+presented arms; and the procession, headed by his honor the chief
+justice, Pedder, were conducted to the grand room, where they were
+received by his excellency, surrounded by the officers of his staff. The
+chief justice addressed his excellency in a short but very handsome
+manner, to the effect, that the members of the late legislative council
+waited upon his excellency with an address which had been voted
+unanimously, and which, engrossed on vellum and signed by each
+individual, he then held in his hand, and would proceed to read. His
+honor did so, in a most distinct and impressive manner. Having
+concluded, his excellency commenced to read his reply, in which he had
+proceeded but little when his feelings--the agitation of which was
+evidently pressing strongly upon him with each word--so overcame him,
+that he was unable to continue, and burst into tears. There was not a
+single individual present who did not enter warmly and sincerely into
+his excellency's feelings, and, perhaps, no governor ever received a
+more affectionate testimony of regard and attachment than was then
+elicited. The following is his excellency's reply:
+
+'The address which you have presented to me, I most highly appreciate,
+every member, without exception, having expressed his sentiment in terms
+so acceptable to my feelings, is the most satisfactory testimony I could
+receive--that my endeavour to direct the important business which has
+devolved upon this council in a conciliatory spirit, has been
+successful. Whilst the utmost liberty of debate has been exercised,
+undeviating harmony and good feeling have prevailed.
+
+'The testimony you have spontaneously borne to the successful result of
+my labours in administering the affairs of this government, complicated
+and embarrassing as they have often been from the peculiar character and
+circumstances of the colony, is most gratifying to my feelings.
+
+'To carry into the most complete effect the great object of
+transportation, which has rendered the introduction of some unpopular
+laws absolutely necessary, to suppress the depredations of convicts
+illegally at large, to form a secure and efficient penal settlement, to
+conciliate the aboriginal inhabitants, and to protect the settlers from
+their fatal attacks, to encourage pastoral and mercantile pursuits, to
+foster religion and morals, and to provide for the education of the
+poor, to maintain the laws of the country, and firmly to carry into
+effect the regulations of the government, have all been measures which
+have required the most laborious supervision.
+
+'Yet all these have been far less embarrassing than the anxious duty
+which devolved upon me for so many years of apportioning the lands of
+the crown amongst the settlers according to their respective means of
+improving them, and of impartially considering their claims in the
+disposal of assigned servants, for these were measures which affecting
+directly every settler's personal interests, almost daily brought his
+personal feelings into action in approving or condemning the policy of
+government.
+
+'In all these matters, I have felt the full weight of responsibility in
+contending with the extreme practical difficulties which have almost
+daily presented themselves, and which I never could have successfully
+withstood, but from the support I have uniformly received, not only from
+the members of the executive and legislative council, and from the
+officers of the government, to whom I am greatly indebted, but from the
+great mass of the community, to whom through you, on your return to your
+several districts, I request I may be permitted to convey my most
+grateful acknowledgements, and sincere thanks, requesting them to be
+assured, that I shall ever most highly appreciate the encouragement I
+have ever received at their hands, the strength which my government has
+derived from it, and the gratifying testimonies which I have received of
+their feelings towards myself personally, since I received the
+intelligence of his Majesty's intention to appoint my successor.
+
+'None but those who have had personal experience of the extreme delicacy
+of adjusting conflicting interests--of maintaining the just rights of
+the crown without encroaching upon the reasonable expectations of the
+people, can fully appreciate the value and importance of the support of
+the community as a body. If my labours have been great, so has been my
+reward. I have witnessed the most extraordinary rise, perhaps ever known
+within so short a period, in the value of property. The foundation is
+now firmly laid, enterprise and the desire to improve have full scope,
+and their results will be, I anticipate, increasingly developed every
+year.
+
+'Having presided over the legislative council from the period of its
+constitution, now ten years ago, I cannot take my leave of you without
+the most lively emotions, and whilst I am most deeply sensible of your
+invariable kindness and forbearance towards myself, permit me to request
+for my successor a continuance of that support which you have so
+cheerfully and zealously during so long a period extended to me.
+
+'Gentlemen, with the most sincere wishes for your future prosperity and
+happiness, I now bid you farewell.
+
+'GEORGE ARTHUR.
+
+'_To the Members of the Legislative Council._'"
+                           --_Tasmanian_, August 19, 1836.]
+
+
+
+
+HISTORY OF TASMANIA.
+
+FROM 1836 TO 1843.
+
+
+
+
+FROM 1836 TO 1843.
+
+
+
+
+SECTION I.
+
+
+Before the departure of Colonel Arthur, the brigade-major of the
+military district, Lieutenant-colonel Kenneth Snodgrass, C.B., arrived
+at Hobart Town from Sydney. He was sworn in as acting Lieutenant-governor
+on the 31st October, 1836. He had attained a military reputation in the
+Burmese war, of which he published a narrative. He was cordially received,
+and his temporary relations were too brief to leave any impression on
+colonial affairs.
+
+The appointment of Sir John Franklin, Captain in the Royal Navy, and
+Knight of the Guelphic Order of Hanover, was announced by Sir George
+Grey in the House of Commons, April 13th, 1836. He was presented to the
+king by Lord Glenelg, on the 20th August, and embarked in the _Fairlie_,
+on the 27th. He was accompanied by Captain Maconochie, late secretary of
+the Geographical Society, and one of the professors of the London
+University; and by the Rev. William Hutchins, in whose favour Van
+Diemen's Land was erected into an archdeaconry. Sir John Franklin
+assumed the government on the 6th January, 1837.
+
+The nomination of Franklin was acceptable to the colony. His profession,
+his career, and character, were considered auspicious. He had
+accompanied the illustrious Flinders on his voyage of discovery, and was
+at Sydney when the first party left that port to colonise this island.
+During thirty-four years, he had himself obtained great nautical renown:
+his intrepidity, his sufferings, his humanity and piety, had been often
+the theme of popular admiration, and were not unknown in Tasmania. The
+colonists were resolved to give him an appropriate welcome. He saw with
+astonishment the signs of wealth and activity, in a country which he
+only remembered as a wilderness. Crowds followed him with acclamations:
+addresses, couched in language of eulogy and hope, poured in from every
+district. The progress of the governor through the colony was attended
+with feasting, balls, and public festivities. On his entrance into
+Launceston, he was escorted by three hundred horsemen and seventy
+carriages: the streets were thronged; the windows were crowded by fair
+spectators, who shared the general enthusiasm. The private settlers
+received him with unsparing hospitality: he was both oppressed and
+delighted with the signs of popular joy. The hearty frankness of his
+replies was contrasted with the official coldness ascribed to his
+predecessor. He repeatedly reminded the colonists that, although
+ambitious of their favour, the duties of his station would probably
+oblige him to disappoint their desires. He assured them that he came
+among them without prejudice, and determined to "see with his own eyes,
+hear with his own ears, and judge with his own judgment."
+
+On his return to the seat of government, Franklin addressed a despatch
+to Lord Glenelg, containing an exulting description of his tour. He had
+seen the colony in its holiday dress, and all parties had mingled their
+acclamations. He depicted, with expressions of astonishment, the easy
+circumstances and general intelligence of the settlers, and especially
+noticed their exertions to acquire religious and educational advantages.
+His lordship replied that this report confirmed his estimate of
+Franklin's predecessor. In his first minute to the legislative council,
+Franklin pronounced an eulogium on Arthur's services, and laid on the
+table a despatch of the secretary of state, of similar import.
+
+The admirers of the late governor were gratified by these flattering
+tributes; but they were not without risk to Franklin's general
+popularity. The party of Arthur was dreaded by the opposition, and was
+still powerful; nor was it difficult to perceive that past animosities
+had lost but little of their vigour. Captain John Montagu had been
+recently confirmed as colonial secretary, and Captain Matthew Forster
+held the office of chief police magistrate. Most details of government
+were transacted in their offices. They were both clever men: they
+exercised considerable local influence, especially Montagu, in
+connection with the Derwent Bank. Their advice Franklin could not easily
+evade. Thus the policy of their distinguished relative survived in his
+nephews. Franklin was scarcely seated, when the press professed to
+discover that he was an instrument in the hands of the "Arthur
+faction."
+
+Arthur, anxious for the welfare of his relatives and friends, commended
+them to the confidence of his successor. Many unsettled claims were left
+to his final decision. Colonists aggrieved by the late governor, when
+their appeals for redress to Franklin (not unfrequently inequitable)
+were unavailing, fancied that their former antagonists still turned the
+course of justice. The sanguine hopes excited by an auspicious name,
+gradually gave way, and the governor was assailed with remonstrances,
+which enlarged into reproaches by a rapid growth. A design was commonly
+imputed to the advisers of Franklin to render him unpopular, and thus
+the late ruler an object of regret; they slighted, however, the
+reproaches they had been accustomed to despise.
+
+"The lingering traces" of discord, were distressing to Franklin. In
+answer to an address from Richmond, which deplored the absence, and
+invoked the restoration, of social peace, he expressed his anxiety with
+touching ardour:--"With my whole heart I agree with you. Let us be
+divided then, if we cannot be united in political sentiments, yet knit
+together as friends and neighbours in everything beside. Let us differ
+where honest men may differ; and let us agree, not in undervaluing the
+points of political dissent, but in respecting the motives which may
+produce it; in cherishing domestic virtues, which will be found to
+characterise individuals of every party, and in making the generous
+sacrifice of private feelings for the general good, rather than
+aggravating the importance of grievances, which must render such
+forbearance impossible." These sentiments, not less charming for their
+amiable spirit than happy in expression, are important as maxims of
+political life, and they depict the main difficulty of the governor's
+position.
+
+To promote the harmony of parties, Franklin considerably added to the
+list of magistrates: persons, discountenanced by Arthur, were placed on
+a level with their late antagonists. But selection is difficult where
+many are candidates. Free settlers of all sorts were equally eligible by
+their wealth, and made equal pretensions. Thus when the list was issued,
+it was received with mockery and laughter; and, said the scorners, all
+the "coat tails,"--rarely worn, except by free men--contain a
+commission. They were certainly numerous--large, in proportion to the
+emigrant adult population; but who can extinguish the flames of envy
+without kindling contempt! To further his conciliating policy, Franklin
+nominated to his council Mr. W. E. Lawrence, a gentleman of wealth and
+intelligence, and great liberality of opinion. An early disagreement
+with Arthur had been aggravated by frequent irritation, and excluded Mr.
+Lawrence from a station, for which his qualifications were many.
+
+But the government was disquieted by internal discord. Judge Montagu and
+the attorney-general had quarrelled in open court: Mr. Stephen had eaten
+sandwiches in the judge's presence, so it was said, and had delayed a
+trial. Montagu assailed him with a virulence scarcely tolerated even at
+the bar. Without awaiting his defence, the judge poured forth a torrent
+of reproof, among which the following: "No, sir; in your official
+capacity I shall always treat you with the courtesy and respect due to
+you. Were you elsewhere, I should treat you, after your conduct, with
+less courtesy than a dog."
+
+Such quarrels were little regarded by Arthur; but when the authority
+fell into the hands of Franklin, the altercations of parties were less
+disguised, and the moral weight of government seriously injured. The
+attorney-general resigned is appointment; and shortly after, as a judge,
+obtained the object of professional ambition. Mr. Stephen, while the law
+officer of the crown, was said to display eminent legislative skill: his
+drafts often elicited considerable opposition, and he did not disdain to
+explain the principles he embodied in his measures, whenever they were
+seriously questioned by the public.
+
+Before his removal from the colony, Mr. Alfred Stephen promoted a
+petition to the crown, for the concession of British institutions: an
+instance remarkable for the unanimity of the colonists, and the friendly
+countenance of the governor. It was almost universally signed (June,
+1838); but, like its predecessors, unavailing.
+
+The opinions adopted by Captain Maconochie on convict discipline, and
+which placed him in opposition to every colonial party, rendered his
+dismissal necessary; but it deprived the governor of a long cherished
+friend, and who, in happier circumstances, might have greatly
+facilitated his affairs. Thus Franklin stood alone; and the nephews of
+Arthur absorbed the influence, which subordinate officers rarely
+acquire, without rendering their chief contemptible.
+
+Many efforts had been made to obtain admission to the public during the
+sittings of the legislature. The members had been long released from the
+oath of secresy, and their votes, and even the substance of their
+speeches, were occasionally known. Franklin determined to throw open
+the doors of the council chamber (1837), and expressed a conviction
+that the freedom of public discussion, founded on accurate knowlege,
+would confirm the measures, or correct the wanderings of the
+legislature. At the first sittings of the council, the novelty of the
+privilege secured an attendance at the debates; but the desultory and
+heavy discussions soon tired the patience, and members pointed with
+exultation or regret to those deserted benches, where patriots had vowed
+to watch the course of legislation.
+
+The principle of open debate is, however, invaluable: reporters were
+there, and the public could read in an instant what it required hours to
+gather. Nor is the exercise of a privilege necessary to establish its
+worth: the title to be present belonged to the whole people, and Britons
+esteem and acknowledge a real treasure in a right. An open threshold,
+although rarely darkened by guests, is the pledge that all is honest
+within.
+
+
+
+
+SECTION II.
+
+
+To compose ecclesiastical claims has ever been among the most difficult
+functions of the civil government. Franklin found the relations of the
+churches unsettled, and among his earliest measures was one to define
+the objects, and fix the amount of clerical pay.
+
+The chaplains appointed for the Australian colonies by the crown, had
+been always ministers of the church of England: the greater part of the
+population, mostly prisoners of the crown or their descendants, were
+members of the Anglican church. Thus expediency corroborated the
+exclusive claims of the clergy to the spiritual oversight of the
+colonies. It was, however, impossible to obtain qualified clergymen of
+the English church, in sufficient numbers to supply the penal
+establishments. Thus the government employed ministers of other
+denominations, chiefly the wesleyan, as religious instructors; sometimes
+with the express sanction of the chaplains. In the country, catechists
+were appointed with the concurrence of Archdeacon Scott, who, however,
+were often members of dissenting communions.
+
+At this time, the doctrinal views of the various denominations were in
+general harmony: the standards of the church of Scotland, the
+declaration of the congregationalists, and the articles of the church of
+England, are of the same general import. The wesleyans, and the society
+of friends, entertain some opinions at variance with these symbols; but
+in their ordinary teaching, all parties employed nearly the same
+theological and devotional terms. Their views of church government, and
+of ritual observances, were the chief points of dissonance; but in
+scattered settlements of recent formation these distinctions were rather
+matters of recollection than of practice. There were no diocesan, no
+presbyterial or other courts. In the towns the denominations maintained
+their exclusive forms and separate teachers; but controversial divinity
+was excluded by common consent from rural ministrations; and wherever
+christian ministers presented themselves in this character they were
+welcome, and in any other almost unknown. It was not possible, or
+perhaps desirable, that this interchange should last: experience has
+shown that organisation is requisite to permanent vigour; but when
+bodies of professors ranged under their separate banners, their general
+sympathies were lost in the corporation spirit.
+
+Unless as temporary agents in the instruction of prisoners, the
+government did not recognise the title of any, except the Anglican
+clergy, to the patronage of the crown. Others were favored with sites
+for their churches, and in some instances with assistance in rearing
+them; but at that time land was granted to private persons, and loans of
+mechanics were allowed to assist the settler in building his dwelling.
+
+The emigration of respectable families from Scotland produced an
+important revolution: they, it is alleged, constituted one half of the
+free settlers in the country districts. Their attachment to that form of
+christianity which is professed in North Britain, was not weakened by
+their migration.
+
+The Rev. A. Macarthur, ordained a missionary minister by the united
+associate synod of Scotland, arrived in Van Diemen's Land in 1823: the
+first presbyterian clergyman established in this hemisphere. The
+innumerable sections of presbyterians differ with each other, chiefly on
+grounds almost unintelligible out of Scotland.
+
+The arrival of John Dunmore Lang, D. D., in New South Wales (1823), was
+an important event in the ecclesiastical history of the Australian
+colonies. Although an ordained minister of the church of Scotland, he
+received no assistance or special authorisation; but, according to his
+account, "set forth a solitary friendless wanderer." The different sects
+of presbyterians welcomed him at Port Jackson, and the foundation of a
+church was immediately laid. His supporters, contrary to his advice,
+applied to Sir Thomas Brisbane for pecuniary aid, such as the catholics
+had received already. The applicants were rejected with reproach, and
+were told that it would be time enough to ask assistance, when they
+should prove themselves equally deserving. To this Lang retorted, that
+Scotsmen did not ask toleration; and, unless degenerate, would vindicate
+those rights, the swords of their fathers had won. These warlike papers
+were published in London, and Lord Bathurst spontaneously expressed his
+regret "that his excellency had put to their probation ministers of the
+church of Scotland in the colony--the established church of one of the
+most enlightened and virtuous portions of the empire;"[204] The governor
+was ordered to pay L300 per annum to Dr. Lang, as a stipend.
+
+Dr. Lang, thus successful, henceforth disputed the preferable claim of
+the Anglican church in every form: he celebrated marriages by bans, when
+he was refused a governor's license; and when the registration act, of
+1825, required every pastor to certify his ecclesiastical acts to the
+parish minister, to be inserted in a general register, he questioned the
+existence of a parish, and the ordinance was upset. The idea of an
+established clergy was thus violently shaken, and Lang naturally
+detested as an ambitious innovator.
+
+The weight of the ecclesiastical establishments in the penal colonies
+had been very considerable. The churches, some of great cost, had been
+built wholly at the expense of the treasury; the inferior officers were
+also paid or provided by the government.[205] The principal chaplains
+were members of the legislative councils, and were consulted on most
+measures relative to religion.
+
+Mr. Commissioner Bigge recommended the crown to reserve lands for the
+endowment of the church; and in 1824, a "church and school corporation"
+was created in New South Wales: one-seventh of the crown lands were
+granted for their use; for the endowment of a bishopric, parochial
+ministers, and schools. The expense of managing this corporation
+exceeded its revenue. Dr. Lang visited England, and protested against
+its object and enormous cost. By the recommendation of Archdeacon
+Scott,[206] it is said, all these lands, excepting certain glebes, were
+resumed by the crown, and the church and school corporation was
+dissolved.
+
+The colonial governors never questioned the status of the episcopal
+clergy as the established church. A presbyterian congregation in New
+South Wales, who had sustained their form of worship without a minister
+for many years, applied, through Dr. Lang, for assistance in supporting
+a clergyman. They were informed that the governor rejoiced in the
+liberality they had already displayed, and did not doubt its future
+sufficiency! At Bothwell, where a great majority of presbyterians
+resided, Arthur stipulated that the church erected at their
+solicitation, should be given up whenever a minister of the "established
+church" might arrive in the district. Even money to assist the erection
+of St. Andrew's Church, Hobart Town, was, at first, lent on the bond of
+Messrs. Hopkins and John Walker, lest the secretary of state should
+demand its repayment.
+
+The agitation of ecclesiastical rights was discouraged by the
+government, and the social dependence of the settlers silenced the
+murmurings of discontent. Arthur, little inclined to weaken the
+exclusive claim of the Anglican church, gave but L100 per annum to two
+ministers of the presbyterian church stationed in the interior, and L150
+to the minister at Hobart Town; and when the presbyterians of Launceston
+applied for similar help, the refusal was decided and cold: they were
+informed that, in the opinion of the governor, the episcopal church was
+fully sufficient for the wants of the town. They were not, however,
+discouraged, and applied to Dr. Lang, who soon sent them a minister--the
+Rev. J. Anderson.
+
+The title of the English clergy to exclusive support, became a question
+of great imperial moment. The discontent in Canada led to a canvas of
+the subject in the British parliament, and it was avowed by Sir George
+Murray,[207] the secretary of state, that the principle of a dominant
+church was both pernicious and untenable. He recommended the practice of
+sharing fairly among all churches the revenues appropriated to religion.
+These views were soon published in the Australian papers: they gave a
+new aspect to the relations of ecclesiastics, and opened a way for a
+definite arrangement.
+
+On receiving an order of the king in council, dissolving the church and
+school corporation, Governor Bourke addressed a despatch to the
+secretary of state.[208] He observed, the time was come to settle the
+public policy in reference to religion, and that to erect a dominant
+church would produce incessant hostilities, and that without a chance of
+its permanence; he therefore proposed to give support to the three grand
+divisions of christians--of the churches of England, Scotland, and Rome;
+to assist them in erecting their places of worship, and paying their
+ministers, yet at a rate which would leave their clergy partly dependent
+on voluntary contributions. He recommended the appointment of an English
+bishop and a Scots' presbytery. Against this course, he remarked, it
+might be objected that an equitable claim was raised in behalf of other
+bodies of christians, and even jews; "this, however, was an objection to
+the theory, not likely to interfere with the practical benefits of the
+plan."
+
+The opinions of Bourke were favorable to the voluntary
+principle[209]--the only policy which allowed a proper reverence for the
+rights of all; but he thought the special circumstances of New South
+Wales demanded the neglect of minor inequalities. Notwithstanding, in
+the church act of that colony, as it actually passed, all christian
+sections were entitled to participate in the public bounty.
+
+Two years had elapsed from the date of the despatch, when Lord Glenelg
+expressed his concurrence with the outlines drafted by Bourke, and
+admitted that to select one church for endowment, "even were it
+advisable in other respects, would not be long tolerated."[210] The
+moderator of the synod of Australia addressed his lordship (Glenelg), to
+express their "unmingled gratitude and joy" at the happy settlement of
+their affairs; and requested, that should the heads of the other
+churches be seated in either council, the same honor might be conferred
+on a delegate from their own. Lord Glenelg replied that it was not
+intended to grant to ecclesiastics a seat in council. The publication of
+these despatches created considerable interest in Van Diemen's Land: the
+presbyterians especially renewed their claims, and asserted the parity
+of their status with the sister establishment.
+
+Arthur, on assembling the council of Van Diemen's Land, presented these
+documents, and observed that in a remarkable degree they accorded both
+with his opinions and his suggestions. A day was devoted to the
+discussion of the subject, when all the unofficial members of the
+council concurred in commending their adoption as the basis of Tasmanian
+legislation. Thus, in the spirit of this resolution, the salaries of the
+presbyterian ministers were slightly augmented; the wesleyans gratified
+with L400: considerable sums were set apart for the erection of
+churches. L200 were offered to the Rev. Frederick Miller; but the
+principles of the independents reject stipends from the state: L500
+were, however, lent for the liquidation of the chapel debt--in reality a
+donation. The congregation were not restrained by the noble example of
+their minister; and reconciled their consciences to an evasion of their
+creed, by excuses never long wanting to those who diligently seek them.
+
+These measures were generally approved, and Arthur calculated that the
+more equal "distribution of the revenue would suppress every factitious
+cause of discontent." He stated that "religious discussion and hostility
+had been little known, or rather altogether unknown;" and he expressed a
+hope that the visit of Bishop Broughton, then expected, would "offer an
+opportunity sought for by all denominations, to manifest their
+consciousness that there is in our common Christianity a bond of
+union."[211]
+
+The crown erected the Australian colonies into a see (1836). Dr.
+Broughton was consecrated first bishop: the event was considered
+auspicious to the episcopal church. Addresses from its members welcomed
+the prelate during his first visitation, and efforts were made to secure
+the possession of ground still destitute of clerical culture.
+
+The proclamation of a see within the colonies, erected by letters patent
+from the crown, seemed to assert the supremacy of the Anglican
+communion. The members of the Scotish church, however, questioned the
+legality of special distinction, and maintained that the grant either of
+money or power to one body, simultaneously quickened a title in the
+other to similar privileges.
+
+This view was first formally announced by Mr. James Thomson, in letters
+published in the _True Colonist_ (1835), and afterwards in a pamphlet,
+entitled, _Remarks on the Status of the Presbyterian Church in the
+British Colonies._ This work was accepted by Scotish colonists, as a
+just exposition of their national rights, and the church of Scotland
+affixed to the argument "the broad seal of approbation."[212] The
+argument rested mainly on the treaty of union, which provides that, in
+default of express stipulations to the contrary, "there shall be a
+communication of all rights and privileges, and advantages." In the
+spirit of this clause, the presbyterian ministers stationed in India
+were recognised and placed by law under the presbytery of Edinburgh, in
+the same act which authorised diocesan episcopacy. Thus again the
+legislature had implied a parity of rights in the foreign port act,
+which required the consul to appropriate funds for the erection of
+churches, and on the same terms, when demanded by the members of either
+establishment. The writer appealed, with great ardour and effect, to the
+national history of his countrymen: their courage in fight, their
+patience in suffering, and their sagacity in council. He inferred, alike
+from their piety and their patriotism--their pride as Scotchmen, and
+their earnestness as christians--that when they sanctioned the
+legislative union, the dignity of the church, the first object of their
+affections, would be the last they would be likely to compromise or to
+forget. But the actual position of the colonial presbyterians rendered
+the argument for the present unavailing.
+
+It was obvious, that whatever ecclesiastical arrangements were
+guaranteed by the treaty of union, pertained only to the national
+church. The clergy of the establishment would have been even less
+disposed than the crown to allow a seceding ministry to share in their
+legal heritage. Yet the church at Hobart Town, founded by a seceder, was
+under his care. The government sometimes called the congregation Scotch,
+and at others presbyterian; but never an established church. The grant
+of money was expressly to the accommodation of the inhabitants "in
+connexion with the church by law established in Scotland;"[213] but the
+deed drafted by the managers proposed to secure the building to the
+dissenting incumbent, and to a congregation holding the Scotish
+standards, and it recognised no presbyterial control. This description
+was deemed dangerously defective. A meeting, summoned by Messrs. James
+Thomson, Thomas Young, and others, passed a resolution to establish an
+indisputable connexion with the national section of the presbyterian
+church.[214] Against the legality of this meeting, the managers and
+several of the congregation offered an unavailing protest. It was
+asserted that, for the most part, they were dissenters from the national
+church, and thus hostile to her claims.[215] A committee was appointed
+"to carry out the connexion." Arthur, who was then desirous to protect
+the existing minister, enquired if the movement would affect the
+stability of his appointment? To this it was replied, that the duty of
+the committee was expressed and limited by the resolution passed, and no
+instructions had been given by the meeting in reference to the relations
+of the incumbent. The difficulty was, however, speedily removed: an
+opportunity occurred to declare the pulpit vacant, and the appropriation
+of the property to the exclusive use of the church of Scotland was no
+longer resisted (1836).
+
+To perfect the claim of the colonial presbyterians, founded on the
+treaty of union, it was necessary to obtain a distinct recognition by
+the general assembly. An act for this purpose, had already passed that
+court (1833): it declared the colonial presbyteries, if constituted by
+ministers of the national church alone, a part of the national church,
+and thus qualified to enjoy whatever privileges that character might
+confer; and the standing committee of that church were authorised to
+correspond and advise with the colonial presbyteries.[216]
+
+A memorial, founded on these resolutions, was presented by the convener
+of the assembly's committee to the ministers of the crown, and Sir
+George Grey was directed to reply, that by an arrangement recommended to
+the colonial legislatures, "the church of Scotland will in these
+colonies, be for the future equally entitled with the church of England
+to share in the public funds applicable to the general object of
+religious instruction in proportion to the amount of private
+contribution."[217]
+
+This arrangement, however, did not provide for appeals generated by the
+decisions of the colonial courts. An application was made to allow the
+colonial presbyteries representatives in the general assembly. This
+measure would have embarrassed a national church, and thus (1834) the
+general assembly repudiated an appellate jurisdiction.
+
+In various forms Colonel Snodgrass, while acting lieutenant governor,
+expressed an interest in the church of his native country. He called a
+synod of ministers, elders, and delegates, by proclamation, to be held
+at Hobart Town, to effect the settlement of the church, and thus to
+prepare the way for its endowment. Many, favorable to the object,
+doubted the legality of the meeting, and the power of any officer to
+proclaim the assembling of a body not recognised by the legislative
+council. The presbyterians, however, maintained that they were qualified
+to act under convocation by the crown, independently of parliamentary or
+local legislative sanction--that the meeting or synod only prepared the
+preliminaries antecedent to the intervention of law. At the time
+appointed the synod met: in the meantime Sir John Franklin was advised
+that the proclamation of Snodgrass was irregular; he therefore sent his
+private secretary, Captain Maconochie, to request the assembly to stay
+proceedings, with an intimation of his friendly consideration of their
+claims. They, however, considered that to disperse would compromise
+their rights, and therefore chose a moderator. At this stage, a counter
+proclamation, hastily prepared, was brought by a messenger from the
+governor, and the convocation dissolved.
+
+However conclusive this reasoning to Scotchmen, the Anglicans were
+little disposed to admit its force. They asserted that the faith of the
+sovereign was the imperial faith, and that it was within the competence
+of the British legislature to set up an exclusive establishment of their
+clergy. The usual argument against the universal equality of the Scots'
+national church, was the fact that the laws of England, and not the laws
+of Scotland, were binding in the colonies.[218] To this it was replied,
+that treaties, on which the imperial legislative power was founded, were
+the limits of its action; and that the ascendancy of English law in the
+colonies of Australia depended on a parliamentary enactment passed by
+the representatives of Scotland; subject, however, to the restrictions
+of the treaties in virtue of which Scotchmen were contented to sit on
+the benches of Saint Stephen.[219]
+
+Archdeacon Hutchins denied that either treaty or law prohibited a
+preferable claim, and remarked that "opening the door to two co-existing
+establishments would shortly admit others, and thus prepare for the
+destruction of all."
+
+It was not affirmed by the Scotch, that they possessed an inherent right
+to the privileges of an establishment: _both_, or _neither_, was their
+motto. The colony, they affirmed, was not English nor Scotch, but
+British. It was the opinion of lawyers, however, that beyond the seas
+the churches of England and Scotland depended for their rights on
+parliamentary or colonial enactment; and that whenever obscure, a
+declaratory statute must fix the sense of a treaty, and decide whether
+an exclusive endowment of any class of clergymen was beyond the
+competence of imperial or local law.
+
+The passing of an act in New South Wales, granting stipends in
+proportion to the adherents, from L100 to L200, and the prospect of a
+similar act in Van Diemen's Land, led to urgent applications for
+ministers by the heads of various churches. Bishop Broughton published a
+strong appeal to the numerous unbeneficed clergymen in Great Britain, to
+whom he represented these colonies as a field of great promise. He
+stated that the obtaining ministers, "was a matter of life and death."
+
+The son of the illustrious Coleridge exerted himself on behalf of the
+church of England, and based his chief appeal on the inadequacy of the
+penal laws at home; the misery endured by the poor; the numerous crimes
+originated by the refinement of society; and the principle of
+compensation, which bound the English people to supply in colonies not
+less instruction than they must have furnished in gaols.[220]
+
+A fund was contributed, though of no great amount; but the Society for
+Promoting Christian Knowledge supplemented the colonial pay, which was
+found inadequate to secure men of character and education. Compared with
+the ground to be occupied, the church of Scotland was more successful in
+candidates for this important sphere.
+
+Dr. Lang lost no time in proceeding to Great Britain, and obtained a
+numerous band of clergymen and schoolmasters, whose passage was defrayed
+by the colonies.
+
+The Rev. Thomas Dugal, and other ministers of the synod of Ulster,
+expressed their willingness to undertake colonial charges. Lord Glenelg
+enquired of Dr. M'Farlane, the convener of the general assembly's
+committees, whether their appointment would be sanctioned by the church
+of Scotland. To this he replied, that they might be "taken under charge
+of presbyteries in connexion with their church, on their adhibiting the
+subscription, and coming under the engagements required by their church,
+but no longer."
+
+The admission of the Roman catholic body to equal privileges, was
+defended as a measure of policy. The national clergy appealed to a legal
+recognition; but, until a recent period, the catholic worship had by
+statesmen been both tolerated and abjured. The penal institutions
+required catholic instructors, to teach a proportion of prisoners,
+amounting to one-third of the whole. The appointment of the Rev. Dr.
+Ullathorne as vicar-general, led to increasing concessions of money and
+patronage. The zeal and intelligence of that clergyman was conspicuous
+in the management of the prisoner class. On their arrival, they were
+submitted to a course of moral and religious training, and from his
+testimony it appears, that the effect was long visible, and led to a
+marked decrease of crime.[221] The patronage of the crown was more
+freely granted to the Roman catholics than the presbyterians, until the
+general policy of the state was revised. When other non-national
+communions were passed over, the number of the catholics, and their
+subordination to a governing body, were the reasons assigned for their
+special countenance.
+
+The protestant bishop, Dr. Broughton, was preceded by the arrival of Dr.
+Polding, the prelate of the Roman church. An incident occurred, which
+occasioned great delight to his adherents: he landed at Hobart Town, and
+the governor sent down his carriage to the beach to conduct him to the
+government-house. At a meeting of the catholic body, resolutions, to
+which Messrs. Rowe and Hackett were the speakers, voted a present of
+plate, to express their gratitude for Arthur's zeal in their cause, and
+his courtesy to their bishop.
+
+Beside the leading denominations, who obtained the pay of the state, the
+wesleyans possessed the great pre-requisite, a governing body. By a
+singular oversight, they permitted the bounty of the treasury to descend
+to them in an annual donation, instead of a stipend regulated by the
+general law. Their co-religionists in New South Wales now enjoy an
+endowment, of which nothing can deprive them, but the joint consent of
+the crown and the people.
+
+The preliminaries being settled, a bill was introduced by Franklin, and
+passed into law (November, 1837). It authorised the governor to grant
+L300 to any congregation, to provide a parsonage, and L700 for the
+erection of a church, or a sum not greater than the amount subscribed by
+the people. It directed the issue of a salary of L200 to any minister
+of the three churches, whose congregation should be equal to eighty
+adults, or in towns to two hundred. The discussion of this bill created
+considerable controversy: the ministers of the church of England were
+especially opposed to its latitudinarian aspect, and Archdeacon Hutchins
+represented that the principle was wholly untenable on Christian
+grounds, but cast the responsibility of a permanent establishment of the
+papal faith on the members of the Scotch communion. Their protest
+against the bill, and a renunciation of their claims would, he affirmed,
+at once fix the establishment principle. Had the proportionate numbers
+of the two churches been reversed, he believed that, rather than endow
+the Romish priesthood, the Anglican communion would abandon all further
+competition for the favours of the state. To this the minister of St.
+Andrew's retorted, that the responsibility lay wholly with the state;
+and that, if sincere, the English clergy might, by withdrawing their
+own, remove the pretensions of all.
+
+The archdeacon, and his clergy[222] of the English church, united in a
+petition, presented by the chief justice, against the provisions of the
+act. They complained that its principles were a compromise of truth,
+since they not only assumed that the religious "sentiments of the Roman
+catholics are equally entitled with those of the protestant to the
+support of government, but that every variety of religious sentiments,
+which is to be met with amongst the various denominations of Christians,
+is entitled to support, without any reference whatever to the conformity
+of those sentiments to the word of God."
+
+The law was scarcely in action, when one of its clauses was found to
+operate against its professed design. A church and a house were required
+before a minister could be salaried; but the settlement of a clergyman
+was in fact a necessary preliminary to the erection of a church. An
+amendment gave the governor a power to issue a salary on a requisition,
+on condition of a small local subscription (1838). But this relaxation
+proved mischievous in another direction: the salary was paid, but the
+church was not erected. This required a third law, and it was therefore
+enacted, that if a religious edifice were not in progress within six
+months from the issue of a stipend, payment should be discontinued
+(1840).
+
+The colony, on the passing of the church act, was an open field. The
+first clerical candidate, because he was such, engrossed a large
+proportion of the available signatures. The people, generally anxious
+for some form of worship, both as a moral agency and from its tendency
+to raise the respectability of a township, gave their names freely as
+_bona fide_ members of either protestant church. The inevitable result
+was, an eager competition by the more zealous members of the rival
+communions. The meaning of _bona fide_ membership of this or that
+church, was brought into considerable debate. The Anglican clergy
+insisted on the census; the Scotch on the right of every man to make
+himself a member for the purposes of the act, whatever his hereditary or
+mental creed. These different views led to serious discord: the analysis
+of names appended to various applications imputed all the errors,
+informalities, and even corruption supposed to attach to popular
+elections. Those who had never thought much on religion, gave with
+facility and then retracted their adhesion: they virtually changed not
+only their minister but their creed. The opposite parties represented
+each other in terms full of reproach and bitterness; imputations of
+sectarianism, intrusion, kidnapping, were the common forms of
+recrimination. It would be useless to relate examples now before the
+writer, in colours painted by the passions of the conflict. It is the
+nature of religious controversy to throw on the surface all the
+malignant feelings that cloud the reputation of gentler spirits, in whom
+the real virtues of a communion dwell; but the lesson is worth
+remembrance--that of all forms of clerical institution, none realise
+less the idea of loving-kindness than that based on universal suffrage.
+
+The social effects of this competition were lamentable: neighbours were
+divided, who had often worshipped at the same altar; religious emulation
+sprung up in every locality: an attempt to possess the ground, led to
+the marching and counter-marching of hostile forces. The advent of an
+eminent clergyman on a township was reported to the head-quarters of his
+antagonists. In one place the moderator had appeared, in another the
+archdeacon: it was thus the more zealous partisans of either exasperated
+their antipathies. Again, the church act did not tie the laity to either
+their ministers or their creeds: thus a dissatisfied people might easily
+raise the preliminaries for a second or a third clergyman, and leave
+their late pastors to their salaries and their solitude.
+
+Demands on the treasury for the erection of churches and support of the
+clergy perplexed the executive. The ordinary revenue showed symptoms of
+declension, and the council passed a bill which declared that new
+imposts were impracticable, and vested a discretionary power in the
+government to refuse assistance to any new undertaking (1841). Thus the
+principle of the church act was subverted, and the grant of money for
+purposes of religion confided solely to the impartiality of the
+administration.
+
+The voluntary efforts of the different sects largely supplemented the
+legal provision. Churches of respectable architectural pretensions were
+rapidly multiplied. The wesleyans, independents, and baptists raised
+buildings for worship in the more important townships. Many private
+persons expended large sums for these purposes.
+
+The dependence of the clergy on the public treasury was from the first
+considered a temporary expedient. Some officers of the government
+favored the voluntary principle, others looked forward to endowment of
+the churches with lands. Bishop Broughton, anticipating the
+establishment of an elective legislature in New South Wales, made an
+effort to secure a preliminary territorial endowment. In presenting his
+petition (1839), the archbishop of Canterbury insisted that, however
+impracticable in Canada, such a measure could encounter no fair
+objection in a colony where so large a proportion were members of the
+English church. While he admitted the impartial liberality of the
+government, he complained that a principle had been adopted "by which
+persons of all denominations were placed on the same footing." The home
+government exhibited no disposition to accede to this proposition.
+
+A provision, however, resting on an annual vote, was obviously
+uncertain; and it became necessary to declare the terms on which it was
+enjoyed. The minister of the day notified to the officers of the
+Anglican and Scotch churches that incomes dependent on variable
+resources and mutable opinions were liable to casualties. He therefore
+warned them that, beyond the fair influence of the crown and the
+equitable claims of existing incumbents, no guarantee could be
+given.[223] During a financial crisis these views were reiterated by one
+governor, who reminded the council that the warning of his lordship was
+likely to be realised; but he added his conviction that to render the
+churches independent of the state would not only relieve the local
+treasury, but raise the clergy to a higher level.[224]
+
+Archdeacon Hutchins died suddenly (June, 1841). His estimable private
+character and clerical zeal endeared his memory to many. The Hutchins'
+grammar-school was erected as an appropriate memorial of his worth. The
+vacancy occasioned by his demise suggested the establishment of the
+diocese of Tasmania. This was founded by letters patent, 27th of August,
+1842, when Dr. Francis Russel Nixon was constituted first bishop. His
+lordship landed June, 1843, and on 23rd of that month opened his
+ministry in the words of St. Paul--"I am determined to know nothing
+among you save Jesus Christ." The venerable senior chaplain, on the 27th
+of the same month, conducted the bishop to his throne; pronouncing the
+words of inauguration--"I assign to thee this chair or see episcopal,
+and place thee in the same, in the name of our Lord and Saviour Jesus
+Christ." Twenty-one years before Dr. Bedford commenced his pastorate in
+the same place; the first permanent ecclesiastical edifice erected in
+Van Diemen's Land, and now known as the cathedral of St. David. Beside
+the endowment of the diocese made by subscriptions contributed in
+England, an act was passed giving the bishop a salary independent of the
+estimates,--a distinction not enjoyed by other clergymen.
+
+It would not be possible to invest with general interest the details of
+ecclesiastical affairs. The relation of the churches with each other,
+involving principles of colonial government, demand a transient notice.
+The position of the episcopal church was anomalous and perplexing. The
+forms of procedure were derived from its practice, where its supremacy
+was established by law, and moderated by the crown. The patent of the
+see gave the bishop authority to try and punish delinquents; but the
+colonial law recognised no such tribunal as an ecclesiastical court, and
+patents were no further valid than they were in harmony with local acts.
+The governor could give ecclesiastical preferment to episcopal ministers
+without the sanction of the see, and maintain a clergyman in defiance of
+his bishop. For this ecclesiastical anomaly the growth of circumstances
+required a remedy, and its discussion brought the bishop into collision
+with a large section of his clergy, the governor, and with other
+denominations. The bishop withdrew the license from certain clergymen
+who had been charged with serious irregularities: these offences were
+not investigated with the formalities usual in England; and the
+clergymen dismissed questioned the legality of their deposition. One
+appealed to the supreme court, but the judges held that the withdrawment
+of a license was within the province of the bishop; another obtained his
+salary from the treasury, the governor having refused to recognise the
+revocation. These proceedings were differently viewed by the episcopal
+clergy. Some, in the neighborhood of Hobart Town, remonstrated against
+the power claimed by the bishop to revoke licenses at pleasure, as
+inconsistent with their dignity as ministers; while, on the other side
+of the island, their brethren repudiated the sentiments of the
+remonstrants, and declared their determination to submit "to his
+judgments in the Lord" (1845).
+
+The necessity for a controlling power is recognised by every church; and
+moral and mental aberration, such as no communion could tolerate,
+justified the interposition of authority. An exact conformity with the
+English custom required the legalisation of an ecclesiastical court; but
+the church act had subverted the dominant status of the English church.
+A court requires to subpoena witnesses, to be protected from contempt,
+to have its decrees carried out by the civil powers. Questions of
+ritual, such as baptism, would violate the religious opinions of other
+denominations. A clergyman, for burying an unbaptised child might be
+liable to deposition; a baptist might be subpoened to give evidence
+against him. Thus the jurisdiction of a court passed beyond the limits
+of a single denomination, and involved the liability of all, at least as
+witnesses. A still stronger feeling than liberty of conscience raised
+the opposition to this extension of ecclesiastical power. The Scotch had
+claimed equality with the English church: to give the legal rights of a
+court to the bishop was to create local disparity; while the
+presbyterian had no religious objection to ecclesiastical courts, the
+other non-prelatic communions abhorred them.
+
+A variety of differences had created a coldness between the governor and
+the bishop. His lordship had demanded the control of religious
+instructors; he possessed no means to employ them independently of the
+convict department, or to protect them against its many changes. In
+repeating a prayer for the governor and the clergy and laity, the bishop
+inverted the precedence, it was alleged to degrade the governor by the
+transposition. Sir E. Wilmot did not enter into the views of the
+bishop, who, in a charge to his clergy (1845), represented "legal help"
+as necessary to the protection of ecclesiastical discipline, and
+expressed his intention to visit Great Britain to obtain a more
+satisfactory arrangement. Petitions against ecclesiastical courts were
+forwarded by the various denominations. To these the secretary of state
+replied that no powers had been solicited in any way affecting others
+than the Anglican church; and intimating that none would be conveyed
+(1847).
+
+A conference of bishops, held in Sydney (1850), have since this period
+proposed a liberal constitution for the Anglican communion, which awaits
+the sanction of the law. They demand the complete organisation of the
+church and its government by synods, for the arrangement of spiritual
+affairs; and by conventions, admitting the laity, for the management of
+temporalities. They contemplated the nomination of bishops by provincial
+synods; and affirmed that no beneficed clergyman ought to be deposed
+except by a sentence following judicial trial. These organic changes
+would, probably, greatly promote the usefulness of the episcopal church;
+but they seem to contemplate a total severance of its political
+dependence. The defect of the ecclesiastical law, which offers serious
+impediments to the discipline necessary, cannot but be deemed a
+grievance. They have arisen from those connections with the state which
+most denominations seem to bear with impatience.
+
+The relations of the churches with each other have occasioned
+difficulties rarely of permanent importance. The dispute of the prelates
+of the Anglican and catholic communions is an interesting exception. It
+led to an adjustment of their relative rank in the colonies at large.
+The right of the Roman see to appoint a bishop to act in its name had
+been already questioned by the protestant prelate, and met with a
+protest from the altar. Such, under similar circumstances, had been the
+course of Dr. Broughton. The laws of England retained the abjuration of
+a foreign episcopate, and assigned the nomination of English bishops to
+the Queen: the catholic vicars-general had in England exercised
+episcopal functions; being also consecrated to the oversight of
+imaginary sees. This arrangement was needless where the catholic
+religion was salaried by the state. The ancient abjuration was retained
+among protestants; but its spirit had expired.
+
+The Roman catholic prelate received an address as the "Bishop of Hobart
+Town," and in reply recognised the title by adding "Hobartien" to his
+name. This document having fallen into the hands of the lord bishop of
+Tasmania, he directed a remonstrance to its author, suggesting that to
+claim an episcopal jurisdiction over the city was to intrude on a
+diocese already appropriated. The correspondence which followed entered
+largely into the religious differences of the parties. The papers were
+forwarded to the secretary of state.
+
+A complaint arising from the miscarriage of a letter addressed to the
+catholic prelate as bishop of Melbourne, and a dispute in reference to
+precedence, in which the metropolitan of Sydney and Archbishop Polding
+were concerned, also called for a final adjustment of the various points
+at issue, so far as they could be settled by the state. The
+lord-lieutenant of Ireland, willing to conciliate the catholics, had
+recommended the secretary of state to recognise the style of their
+prelates. Earl Grey regretted that the lordship ordinarily pertaining to
+a barony had ever been conferred on colonial sees. He, however, finally
+arranged that the protestant archbishop of Australia should rank above
+the catholic archbishop, and the protestant bishops before the catholic,
+throughout the colonies; that the titles of "your grace" and "my lord"
+should be accorded indifferently to both classes of bishops, but that
+the government should not, in official correspondence, recognise any
+title complicated with the name of any city or territory within the
+British dominions, not authorised by letters patent from the crown. Thus
+neither side could claim the victory, more being allowed to the
+catholics than they could expect as a religious denomination; while the
+territorial honors were conferred exclusively on the nominees of the
+crown.
+
+On the disruption of the church of Scotland the members of that church
+in Tasmania were involved in serious disputes, which terminated in the
+resignation of several of their clergy, and the formation of separate
+congregations. The free and residuary Assemblies opened a correspondence
+with the colonies, demanding to know to which part the colonial ministry
+adhered. The opinions of the local clergy were divided; but they
+concurred in a general expression of regard to the principle of church
+independence, and their satisfaction that they themselves enjoyed the
+liberty for which their brethren were obliged to contend,--thus leaving
+to inference their religious connection, and giving no ground to call
+in question the ecclesiastical status and revenues conferred by the
+church act. This answer was considered by the free church evasive; and
+its more ardent supporters on the spot pronounced the course of the
+local presbytery jesuitical and dishonest. They affirmed that the church
+of Scotland alone was entitled, by colonial law, to state support; and
+that the retention of its emoluments was a virtual adherence to its
+principles. This discussion has been extremely fertile of controversies;
+but the general reader would not be likely to enjoy them.
+
+Should the reader infer from the record of ecclesiastical divisions that
+the colonial temper is intolerant, he would be greatly mistaken. The
+laity, often even the clergy, have given evidence of their charity in
+friendly sympathy and generous assistance. The rights of conscience are
+generally understood and respected; and although many are prepared to
+liberate the churches from dependence on the state, but few would desire
+to establish invidious distinctions. The tendency of colonial life is to
+annul the prejudices of European society, and to yield to every man the
+position which may be due to his talents and virtues. This feeling is,
+however, found compatible with religious predilections. One hundred
+clergymen, many wholly sustained by the people, labor to diffuse their
+views of Christianity in the various districts of the island; and the
+emigrant population are usually in attendance on their teaching. The
+census is an imperfect index of actual strength, the smaller sects
+exerting proportionately more influence. When the claims of prescriptive
+authority are finally exchanged for a reliance on moral power these
+discrepancies will disappear, and a vast apparatus, already supplied by
+the state and private zeal, will bring within reach of every colonial
+family some form of Christian doctrine. The tendency of small
+communities is not unfavorable to the progress of religious
+denominations. The only interruption to the monotony of life is found in
+the church: the only association which can be readily offered to
+strangers is provided by the religious bond. Opinion acts with increased
+power where the social inequalities are slight. Thus, in the United
+States of America every extravagance of sentiment is tolerated; but
+there a man of no religion is suspected, shunned, and left to solitude.
+
+FOOTNOTES:
+
+[Footnote 204: _Lang's History of New South Wales_, vol. ii. p. 258.]
+
+[Footnote 205: An organist of St. John's Church, Launceston, refused to
+play, and was sentenced to punishment; but was restored by the
+intercession of the clergyman.]
+
+[Footnote 206: _Macarthur's New South Wales._]
+
+[Footnote 207: "Sir George Murray maintained that this country was bound
+to provide the means of religious instruction for the people of our
+colonies: at the same time he begged to say, that so far from approving
+the maintenance of any exclusive system in the colonies, he thought any
+such system there, _bad_ and _dangerous_. He was of opinion that parties
+of all religious persuasions were equally entitled to support, and he
+deprecated the exclusive establishment there of any one church above all
+others."--_Parliamentary Debate_, July 13, 1832.]
+
+[Footnote 208: 30th September, 1833.]
+
+[Footnote 209: "I would also earnestly recommend that provision be made
+for the schools, in which the children of persons of different religious
+tenets may be instructed without distinction, on the plan now adopted in
+Ireland. The means of education being secured, I shall feel disposed to
+leave it to the voluntary contribution of the inhabitants to provide for
+churches and clergy. To aid all where the creeds are various seems
+impossible, and a partial distribution of the public funds appears
+nearly allied to injustice."--_Despatch of Sir Richard Bourke,
+respecting land in Port Phillip, October_, 1835.]
+
+[Footnote 210: Despatch, November, 1835.]
+
+[Footnote 211: Minute, 1836.]
+
+[Footnote 212: _Rev. J. Lillie's Letter to Rev. W. Hutchins_, p. 13.]
+
+[Footnote 213: Arthur's minute, 1833.]
+
+[Footnote 214: "The whole of the objects which the congregation desired
+to maintain, are very clearly to be gathered from the second resolution,
+and these appeared to consist in maintaining their connexion with the
+church of Scotland by law established, and the control which belongs to
+ecclesiastical courts of the national establishment over the minister as
+well as the congregation; for it is evident that all grants are made to
+them as a part and parcel of the community of the _national church_ of
+Scotland _as by law established_: and it is only in that character that
+they have claims on the government, any more than the catholics,
+wesleyans, independents, or unitarians."--_True Colonist_, May 29,
+1835.]
+
+[Footnote 215: "Accordingly we find that the majority, if not all, the
+protesters are not members of the church of Scotland, being either
+burghers, anti-burghers, independents, or episcopalians, and as such
+opposed to the Scotish church."--_True Colonist_, May 29, 1835.]
+
+[Footnote 216: "The assembly instructed the committee for the colonial
+churches to insist on the fair and full execution of the laws at present
+existing, and on the insertion in any new enactment for the government
+of the colonies, such clauses as will unequivocally place the churches
+in connexion with the church of Scotland on a footing as favorable with
+respect to holding property, receiving a share of government grants, and
+having their procedures in matters ecclesiastical carried out with as
+prompt effect, as are enjoyed by those branches of the church of England
+recognised in the same."--_Lillie's Letter_, p. 35.]
+
+[Footnote 217: _Lillie's Letter to Rev. W. Hutchins_, p. 9.]
+
+[Footnote 218: "I cannot see why the national legislature may not
+determine what will be the established church of the colony, with just
+as much propriety as it determines what shall be the prevailing law. A
+separate and integral part of an empire at large, can have no right to
+do this. As soon might a number of Cornish men insist upon their right
+to have introduced the peculiar laws and customs by which the mining
+operations of the county are regulated."--_Letter of Archdeacon Hutchins
+to Rev. J. Lillie._]
+
+[Footnote 219: "But let me tell you, Scotland is not asleep to her
+rights and privileges: she is still the same independent dame she ever
+was.... The instant you touch her religion, or presume to put indignity
+or insult upon her venerable church, either at home or abroad--a church
+from whom she has received so many benefits, and who has grown old and
+grey headed in her service--her proud and independent spirit rises. She
+appeals to her _marriage_ contract--her articles of union; and if I
+mistake her not, she will sooner retire to her mountain freedom, and her
+'single blessedness,' than consent to have them violated. _Nemo me
+impune lacesset_, is still Scotland's motto."--_Letter of Rev. J. Lillie
+to the Rev. W. Hutchins_, p. 18.]
+
+[Footnote 220: _An Appeal to the Friends of the Church of England, in
+behalf of their Brethren._
+
+The extreme difficulty may be inferred from the following:--"Fully
+agreeing with you as to the necessity of such an appointment (at Norfolk
+Island), I have used every endeavour to find a clergyman of the church
+of England, qualified for the office; but I regret to inform you that I
+have not been successful, and the archdeacon has been equally
+unfortunate. I have, therefore, felt it my duty to institute inquiries
+in other quarters."--_Lord Glenelg_, 1835.]
+
+[Footnote 221: _Evidence before the House of Commons_, 1837.]
+
+[Footnote 222: Excepting Dr. Browne and Rev. R. R. Davies.]
+
+[Footnote 223: Lord J. Russell's despatch, 31st December, 1839.]
+
+[Footnote 224: Finance Minute, 1845.]
+
+
+
+
+SECTION III.
+
+
+The education of the people, every where a question of difficulty, has
+been not less so in Tasmania. In the elder colony seminaries for the
+more opulent classes were projected at an early period. In 1825 the
+church and school association formed a boys' grammar-school. In '29, Dr.
+Lang, who had been at issue with the Anglican clergy on this as on other
+subjects, prevailed on the home government to authorise the loan of
+L5,000, to be repaid by Scotch mechanics, to be conveyed at Dr. Lang's
+risk, and employed in building a college. Prior to this date Dr. Lang
+had been concerned in the foundation of the Sydney College, of which the
+first stone was laid, but ecclesiastical difficulties prevented its
+vigorous encouragement. Vast controversies followed this revival of
+learning. The government voted considerable sums for the education of
+the settlers' sons; but the secretary of state objected to the expense,
+and ruled that the scholars did not belong to a class entitled to
+gratuitous instruction.[225]
+
+In this colony Colonel Arthur had established a superior school (1834),
+under the governorship of official persons. The episcopal system was to
+rule: the children of others were eligible, provided they submitted to
+catechetical instruction. The plan of the school was suggested by Dr.
+Broughton, and was calculated on the idea of an ecclesiastical relation
+to the colony, which subsequent enactments disturbed. Colonel Arthur
+found serious obstacles in carrying out the scheme, and he suffered it
+to drop. The Rev. Mr. Rusden was nominated first master; but the
+question of religion was again fatal to its success: the school sunk
+into a private establishment.
+
+The project of Colonel Arthur was succeeded by another more extensive in
+its aim. Sir John Franklin addressed Dr. Arnold, of Rugby, describing
+the religious elements of the colony, and requesting the arrangement of
+details for the future management of an establishment. The great
+difficulty was still the ecclesiastical relations of the settlers. Dr.
+Arnold suggested a double chaplaincy, and a religious education rather
+than a merely secular system; and recommended that the head master
+should be permitted to take orders. Mr. G. P. Gell, of Cambridge
+University, was nominated principal.
+
+In 1840, the legislative council sanctioned the establishment of a
+college and the erection of buildings. The cost was variously estimated
+from L12,000. The Queen's school, intended to be afterwards a
+preparatory institution, was first formed. The denominational leaning of
+the college awakened considerable opposition. The Roman catholic
+vicar-general declared that the authorised version of the scriptures was
+a mutilation, and compiled to suit the views of the translators; that
+catholics could not pray with protestants; and urged other objections,
+not new to theologians, but which appeared outrageous to a colony
+accustomed to a liberal intercourse. The presbyterians prayed for
+religious equality, and other sects joined in the general aversion to an
+episcopal institution at the public cost.
+
+The government, by the advice of Mr. Gell and the archdeacon, selected
+New Norfolk as the college site. On the 6th of November, 1840, the
+foundation-stone was laid by Sir John Franklin, assisted by the members
+of council and heads of departments, and by Captains Ross and Crozier,
+of the antarctic expedition. "The college was dedicated to
+Christ,--intended to train up Christian youth in the faith as well as
+the learning of Christian gentlemen."[226] The night following the
+ceremony, thieves overturned the foundation, and stole the inscription
+and the coins. But difficulties more fatal beset the institution. The
+pride of equality and the ambition of pre-eminence, not less than
+tenderness of conscience on either side, prevented a compromise. In
+private life concessions are found compatible with the utmost zeal, but
+the rivalry of churches has never been adjusted. The Queen's school, the
+pilot institution, was not more successful. At an expense of L1000 per
+annum twenty-three scholars (1843), for the most part children of
+government officers and opulent shopkeepers, were educated. The
+institution was broken up by Sir E. Wilmot; and a petition, signed by
+great numbers, requested the erection of a school on a more
+comprehensive basis. This memorial being remitted to the secretary of
+state, Lord Stanley replied (1846) that, when established, a proprietary
+school would receive from the crown whatever assistance the public
+resources might justify. The direct interference of the government in
+the education of the higher classes thus terminated.
+
+The schools for the working classes were originally controlled by the
+government. Mr. P. A. Mulgrave, many years chairman of quarter sessions,
+arrived with the appointment of superintendent. This office was,
+however, filled by the senior chaplain; and until 1838 the schools were
+exclusively episcopalian. The altered policy of the crown, in reference
+to religion, suggested a change in the organisation of the schools. A
+letter, written by Sir Wm. Herschell, was transmitted by Lord John
+Russell, detailing the system at the Cape of Good Hope, and recommending
+the British and Foreign system for colonial adoption. On this plan
+schools were established in 1838, subject to a board nominated by the
+crown. It was intended to comprehend all denominations. The clergy of
+the Anglican church were from the first hostile to comprehension.
+Archdeacon Hutchins demanded that if an exclusive system were no longer
+attainable, a fixed sum should be divided among the different
+denominations, to be expended in separate schools, in proportion to the
+money issued under the church act. The laity in general, however, did
+not object to the union of all sects on the plan proposed; and to the
+last the British system was supported by a considerable majority,
+including clergymen of every sect, both protestant and catholic.
+
+In New South Wales an attempt was made to establish the Irish system,
+the school books of which were sanctioned by the chief prelates of the
+protestant and catholic churches in Ireland. The protestant bodies were,
+however, averse to the exclusion of the "entire scriptures," as a
+discreditable compromise, and met the project with decided resistance. A
+committee, of which one half were episcopalians, organised under the
+sanction of Bishop Broughton, called on the laity to exert themselves in
+the "holy cause"[227] of opposition to the project of Sir Richard
+Bourke; and they succeeded in its defeat: but when, after their victory,
+they met to collate their plans for further action, the meeting was
+abruptly terminated by Dr. Broughton, who declared that he could
+co-operate in no scheme not framed on the recognition of the episcopal
+catechism and clerical superintendence. Denominational schools were,
+therefore, established, and those abuses arose inseparable from a plan
+which makes men the assessors of their own pecuniary claims.
+
+A committee of the legislative council recommended the establishment of
+a general system, on the plan of Lord Stanley (1844). They alleged that
+by the denominational system more than half were left uneducated, and
+that the thinness of population, the diversity of opinion, the inferior
+character of the schoolmasters, and the great expense compared with the
+benefit secured, enforced the importance of a general and comprehensive
+scheme. Sir George Gipps warmly seconded these opinions, but was
+compelled to yield to the strength of the opposition offered by the
+clergy, and which no concession short of ecclesiastical control was
+deemed sufficient to remove. The agitation of this subject for several
+years has lessened none of the difficulties which attended it, and it
+remains a vexed question for solution by future legislators.
+
+When the British system was established in Van Diemen's Land, masters
+were sent out by Lord John Russell, at the colonial cost. The schools
+were, however, regarded with increasing aversion by the episcopal
+clergy. Messrs. Lock and Fry, the last a clergyman and the author of a
+work on apostolical succession, visited the schools to report on them.
+They saw, or thought they saw, laxity, sectarianism, and partiality; and
+they gave the results of their enquiries in a copious publication. On
+the arrival of the Right Rev. Dr. Nixon this book was placed in his
+hands. He petitioned to be heard by counsel against the British system.
+His request being granted, he delivered an earnest address, in which he
+not only opposed the principle of the school, but reiterated many of the
+statements of Messrs. Lock and Fry. The Board of Education had, however,
+forwarded minute contradictions to these allegations; and Governor
+Wilmot resolved to support the schools until, on a full consideration of
+the adverse testimony, the secretary of state should otherwise determine
+(1843). Lord Stanley recommended the appointment of a commission of
+enquiry, which was accordingly confided to three episcopalian laymen,
+who acquitted the schools of most of the imputations of their former
+visitors. But the seals of the colonial-office had fallen into the hands
+of Mr. Gladstone. This event was fatal to the British system. The
+scholastic minister professed to examine elaborately the principles of
+colonial and church education, and came to the conclusion that a scheme
+of biblical instruction, confided to various teachers of uncertain
+creeds, was too little for the churchmen, ought to be too much for the
+catholics, and could only be agreeable to independents. He argued that
+church teaching includes all that a church believes, and that its
+inculcation was necessary to meet the fair requirements of religious
+liberty. Acting on a suggestion in his despatch, Sir William Denison
+granted a fixed sum per head to the denominational schools, dissolved
+the board of education, and appointed as inspector the son of the
+illustrious Arnold.
+
+FOOTNOTES:
+
+[Footnote 225: Lord Glenelg's despatch, 1836.]
+
+[Footnote 226: _Sir J. Franklin's Narrative_, p. 77.]
+
+[Footnote 227: Address of Committee.]
+
+
+
+
+SECTION IV.
+
+
+The claims of the churches on the treasury (1838) soon threatened the
+government with serious difficulties. It was resolved to increase the
+revenue by prohibiting colonial distillation. This trade had been often
+interrupted by the ordinances of the governors, but when the crown
+ceased to purchase wheat at a high fixed price it was deemed unfair to
+the farmer to restrict the local market for his produce. Duties were
+imposed, but they discriminated between sugar and cereals, and between
+colonial and imported grain. This distinction offered ample opportunity
+for evasion. The distillers employed these various articles at their own
+pleasure, and paid the lowest duty. Colonial spirits were sold as
+foreign; and the permits of the police-office covered the transit of
+quantities greater than they specified. From L5,000 to L7,000 were
+annually lost. The bill introduced to extinguish the trade was resisted
+by Mr. W. E. Lawrence and other leaders of the country party. They
+objected both to the suppression of a lawful trade and the injury
+inflicted on those who had embarked their capital. The government
+proposed to include in the bill a provision for the indemnity of the
+distillers, leaving its amount to be settled by a committee. To this
+Chief Justice Pedder strongly objected. The government was unwilling to
+entrust to a jury the claims of the distillers, as proposed by the chief
+justice; and, not wishing to delay the law, passed it without granting
+any security beyond admitting the equity of compensation.
+
+The laxity of the distillation laws had enabled the manufacturers to
+realise double profits, by graduated duties, mostly paid under the
+lowest denomination. Their gains during the past could not be
+questioned; but Sir John Franklin was persuaded that it would be
+ridiculously profuse to pay an indemnity for the loss of profits rated
+by the success of an illicit trade. A resolution passed the council,
+"That any applicant having been proved, to the satisfaction of this
+council, to have been in the habit of distilling contrary to law, has,
+by such practice, destroyed any claim he might have otherwise had to
+compensation." To ascertain this fact a "feigned issue bill" was brought
+into the council. It simply referred the question of illegal
+distillation to the jury, without assessing their claims. The right of
+the distillers to compensation was, however, so indisputable, and the
+retrospective action of the bill so liable to objection, that it was
+generally opposed; and, by the dissent of the lawyers, the treasurer,
+with all the non-official members, rejected by the council. The
+attorney-general, Mr. Macdowell, impressed with its injustice, informed
+the governor that he could not support the bill; in this resolution he
+had been fortified by the strongly expressed opinions of his colleague,
+Mr. H. Jones, the solicitor-general, who denounced its principle as
+utterly iniquitous and unprecedented: but on the resignation of Mr.
+Macdowell, Mr. Jones accepted his place, and voted for the bill:
+defending his conduct by stating that he had expressed his former
+opinion in ignorance of its details. The public indignation was excited
+by this apparent perfidy, for which Mr. Jones atoned by a speedy
+resignation. The financial success of the suppression was mentioned by
+Sir John Franklin in exulting terms. The law is, however, regularly
+violated when grain is low. Private stills have supplied spirits more
+than usually deleterious; and the revenue has shown a decline. The
+rights of the distillers were recognised by the home government, and
+their unsettled claims, to the amount of L7,431, were paid in 1843.
+
+The duty of a member of the government to support, at all events, the
+measures of his chief, was asserted by the secretary of state. If his
+conscience would not permit his acquiescence, he was expected to resign.
+Thus, while his oath bound him to advise, as a legislator, according to
+his convictions, his interest, as a public officer, compelled him to
+submit to the impulses of another. From this condition the chief justice
+was excepted,--a condition hard to an honorable man and unfair to the
+colony. However plausible the reasons for distinguishing between an
+official duty and a conscientious belief, public morality abhors them;
+and Mr. Macdowell is entitled to the colonial remembrance, as one among
+few who have refused to support a measure because unjust.
+
+The extensive land sales, combined with the demand for labor (1840),
+induced Sir John Franklin to promote emigration. The impression was
+general that transportation to Van Diemen's Land would cease; such had
+been announced as the policy of the crown. A vessel was dispatched to
+Adelaide, where many were suffering severe distress. The New Zealand
+emigrants were also dissatisfied, and many found their way to colonies
+where wages were high. This course was inconvenient, and excited great
+indignation among employers in South Australia, who prevailed on the
+government to pass a law intended to check emigration to Van Diemen's
+Land.
+
+Sir J. Franklin disapproved of these methods of supplying the labor
+market, and proposed to devote L60,000 for the introduction of suitable
+working families from Great Britain. By many this movement was hailed
+with strong expressions of approbation, as a pledge of social elevation
+of the working classes. It was urged by Mr. Philip Smith, of Ross, that
+"without an extensive emigration and a stop to the introduction of
+convicts it was in vain to hope for permanent prosperity." Mr. Berthon,
+of Woodlands, asserted that "before the colony could thrive a better
+description of peasantry was necessary, which could never be found in
+the sweepings of gaols" (October, 1841). Pursuant to these views the
+governor authorised the settlers to select for themselves, by their own
+agents, the persons they required. Every considerable inhabitant
+received the necessary authority to ship such laborers, under
+indentures, at the colonial cost, it being found that useful workmen
+were indisposed to emigrate except to a master already known. The
+greater part of the settlers appointed Mr. Henry Dowling their agent. It
+was the intention of the local government that laborers should be sent
+out in small numbers by the regular traders; and thus afford time to pay
+the cost of their transit without difficulty to the treasury. The
+emigration commissioners objected to all these plans, and set them
+aside. Indentures were disallowed; and instead of laborers in the
+proportions required, families were conveyed, or they were sent in
+rapid succession, hundreds together. On their arrival a financial crisis
+reduced their wages: the home government changed its views, and resolved
+to continue transportation: the land fund, which had reached L52,000 in
+1841, rapidly declined, and in 1843 Lord Stanley was informed that for
+years to come little revenue could be expected from the sale of land.
+The local officers, unable to pay the charge, were induced to dispute
+it; and they attempted to cast on the agents of immigration the failure
+of plans disallowed by the commissioners. They evaded the payment for
+one year. The claims of the shippers were instantly allowed by the
+secretary of state, with the usual interest; and Mr. Dowling, who had
+been aspersed by the local government, was amply vindicated by the
+commissioners. The colonial secretary charged him with collusive sale of
+his agency to London shippers, and a fraud on the colonial treasury. Mr.
+Dowling protected his character by an appeal to the supreme court, when
+Mr. Horne, the attorney-general, admitted that the imputation was
+unfounded, but succeeded in convincing the jury that no malice is to be
+inferred from the tenor of a libel when the writer cannot be supposed to
+be influenced by mere personal animosity. Mr. Dowling lost by his agency
+more than a thousand pounds.
+
+An exceedingly useful class of emigrants arrived under the
+commissioners, who readily sanctioned the applications, regard being had
+to the equality of the sexes. The commissioners defended their
+opposition to the plans of the local government. They asserted that
+private agents could never select laborers in numbers sufficient to
+freight a ship; and they inferred that transferable orders for the
+payment of bounty on the arrival of emigrants would be either matters of
+traffic, or that private persons, discouraged by the difficulties of
+their task, would abandon it in despair.
+
+For two or three years the emigrants were satisfied and moderately
+prosperous. The sub-division of town property was rapid. On every side
+small brick tenements multiplied. Every mechanic aspired to possess a
+dwelling of his own. But Lord Stanley's system of probation rapidly told
+on the condition of the workman. He stood aghast; he persevered for a
+time; he appealed to the government for protection against convict
+competition. For one-fourth its actual cost his property passed into the
+hands of others: in Launceston especially many suburban neighbourhoods
+were deserted. The emigrants brought out at so much public and private
+cost were expelled to the adjacent settlements, to begin the world anew.
+
+One of those seasons of general distress to which small communities are
+especially liable pervaded the entire colonies (1841-4). A variety of
+causes contributed to augment its pressure, and to involve the whole in
+commercial embarrassment. The imports of New South Wales and Van
+Diemen's Land exceeding L20 per head; the high price of grain, reaching
+28s. per bushel; the enormous rate of interest, and the boundless
+extravagance of credit and expense, produced a convulsion all but
+universal.
+
+The measures of the government increased the pressure of these
+difficulties. The land sales by auction at Port Phillip were succeeded
+by the system of selling on special surveys, at L1 per acre; and he who,
+one year before, had competed for his purchase, found the next section
+in the hands of his neighbour, at half the price he had given. The
+settlers in the elder colonies had speculated deeply. Stock and
+implements were transferred to the new country, under cover of credit.
+Competition raised the value of bullocks to L30 per pair; of horses to
+L60; of sheep to L2; the wages of servants to L50 per annum.
+
+The government had raised the minimum price of land; and thus those who
+were entitled to take up their surveys under a lower denomination
+hastened their purchases with borrowed money. The London merchants
+consigned immense quantities of goods on speculation which were poured
+into the market; the promissory notes of irresponsible persons were
+taken by their agents: the fraudulent laid up for the crisis; insolvent
+estates were crowded into auctions; goods sunk below the expenses of the
+factor; dividends of a few shillings in the pound represented the assets
+of persons indebted from L50,000 to L100,000; and had not the chief
+losses finally rested with the London merchants and the English banks,
+the disasters of the times must have long retarded colonial prosperity.
+
+The effects of this revulsion were soon felt in Van Diemen's Land, where
+peddling traders had thriven in momentary credit by the union of
+worthless names on their bills. As an instance: one hundred bushels of
+wheat, sold ultimately for L40, were transferred to a succession of
+speculating purchasers, who raised among them L1000, on credit of the
+exchange from one to another. The governments of the colonies had
+exhibited remarkable miscalculation. In all the treasury failed to meet
+the expenses. The deposits formerly realised by land sales were
+withdrawn from the banks. Debentures were issued; new taxes were
+imposed. The commercial panic was in full career when the crown renewed
+transportation to Van Diemen's Land; and thousands and tens of thousands
+of British offenders were gathered on these shores. The expenditure of
+the government, though large, was chiefly confined to the Capital, or
+fell into the hands of the merchants; but it is worthy of remark, that,
+except one house, all who could pretend to that rank maintained their
+position.
+
+The settlers were, however, deeply involved. They were mostly induced to
+purchase at the land sales by borrowed capital. They complained bitterly
+of the usury, to which their produce bore no comparison; and incessantly
+invoked the legislature to limit the exactions of money-lenders. To
+aggravate these evils American flour poured into the colonial markets,
+drawing their cash and rendering agriculture profitless. The
+declarations of insolvency were daily. Whole streets of mechanics and
+traders followed each other. A common liability to the same ordeal
+introduced a system of dangerous license; and men walked away with their
+creditors' property without molestation and almost without reproach. The
+statistics of these times afford a memorable warning to all. To the
+government, that by enticing the people to purchase land, the general
+revenue will suffer by their imprudence; to the banks, that by reckless
+advances capital will be sacrificed for nominal assets; and to the
+British merchants, that by glutting every store with speculative
+consignments they render their exports of no value--that they ruin the
+shopkeeper, whose capital they destroy by the competition and sacrifice
+of their own.
+
+But the great resources of the colonies soon manifested themselves. A
+settler at Port Phillip discovered or applied the art of boiling down
+the surplus stock, so as to produce the tallow of commerce; and sheep,
+lately 2s. 6d., became worth eight shillings. The discovery of the Burra
+mines raised Adelaide from deep prostration. The opening of new tracts
+of country offered a vast field for successful enterprise; wool once
+more rose in price; the banks lowered their discounts to a reasonable
+level; the goods saved from the general wreck appeared in the shops of
+those who took the tide at its flow; and every colony exhibited the
+signs of returning vigor--all but Van Diemen's Land.
+
+
+
+
+SECTION V.
+
+
+The last three years of Sir John Franklin's administration were chiefly
+employed in arranging the details of the system of convict discipline,
+afterwards expanded by Lord Stanley to gigantic proportions, and
+described in the second volume of this history. Accompanied by Lady
+Franklin, Sir John penetrated the western district of Van Diemen's Land
+to Macquarie Harbour, formerly a penal station, to ascertain its fitness
+for a similar purpose, and some of the perils of his early life were
+renewed. His absence for several weeks awakened great anxiety, and his
+return was greeted with a general welcome (1842).
+
+The most painful event of his political career sprung from a
+disagreement with the nephews of Sir George Arthur, and especially with
+Mr. Montagu, the colonial secretary. A narrative of this dispute,
+written by Franklin on his return to England, was issued for private
+circulation just after he started on his last voyage of discovery.[228]
+This account traces minutely the progress of a quarrel which all parties
+concerned are anxious to forget. The power acquired by Mr. Montagu in
+colonial affairs was considered by Franklin incompatible with their
+relative position. Inferior officers had been dismissed on his
+imperative advice, who complained that they were sacrificed because they
+stood in his path and thwarted his plans. Franklin partly shared in
+their suspicions, and appointed persons to offices who were unconnected
+with the Arthur party, and as a counterpoise to their influence. The
+immediate cause of the final rupture was the restoration of a colonial
+surgeon, dismissed on a charge of culpable negligence. His neighbors,
+believing the penalty unjust, remonstrated in his favor, and Franklin
+complied with their request. This Mr. Montagu severely condemned, as
+fatal to the dignity of government, and ascribed the lenity of Sir John
+to the influence of Lady Franklin. He then announced to the governor, in
+a formal manner, that thenceforth he should confine his own services to
+the routine of his office, and that a cordial co-operation might be
+expected no longer. The details of business, formerly prepared to the
+governor's hands, were left to himself: trifles exhausted his attention:
+his pleasure was asked with affected formality, and his enquiries
+answered with studied reserve. In a dispute with the governor in
+reference to a matter of fact, Mr. Montagu addressed him (17th of
+January, 1842)[229] in the following style:--"I trust," said he, "your
+excellency will also pardon me for submitting to you--and I beg to
+assure you that I do so under a deep conviction of the necessity of
+supporting my statement--that while your excellency and all the members
+of your government have had such frequent opportunities of testing my
+memory as to have acquired for it the reputation of a remarkably
+accurate one, your officers have not been without opportunity of
+learning that your excellency could not always place implicit reliance
+on your own." Clothed in a profusion of words, the charge of imbecility
+or falsehood was understood. The jealousy and contempt which had
+characterised the late official intercourse of Sir John and the
+secretary could not but injure the public service and divide the
+government into factions. But this language was deemed inconsistent with
+official subordination, and on its receipt Mr. Montagu was dismissed.
+Aware that it would be difficult to justify his note, Mr. Montagu
+offered an apology, with a view to a restoration. He sought, through Dr.
+Turnbull, the friendly offices of Lady Franklin. Her mediation was
+employed, and was unsuccessful; but Sir John promised to represent the
+past services of Montagu in the most favorable terms to the secretary of
+state, strongly recommending his employment elsewhere. This pledge the
+governor redeemed. Lord Stanley received Mr. Montagu with
+favor--consulted him in reference to convict discipline--heard his
+complaints of Sir John and Lady Franklin--and treated the governor in
+his own imperial way. He admitted that the proper relative positions of
+Franklin and the colonial secretary had been inverted; but ascribed the
+ascendancy of Montagu to his intellectual superiority; ordered his
+salary from the hour of his dismissal to be paid; and claimed the credit
+of great moderation in not sending him back to his office. The generous
+testimony of Sir John in Montagu's favor was quoted to condemn his
+dismission. The despatch containing these sentiments was placed in the
+hands of Montagu, who, with natural exultation, sent it out instantly to
+his friends. He had preserved minutes of his interviews with Lord
+Stanley, and recorded his own severe reflections on the character of
+Lady Franklin. These memoranda, bound together, were sent by Mr. Montagu
+to the colony, and, although circulated with some reserve, became very
+generally known. The governor complained bitterly of this covert
+detraction, and especially of the attack on the character of his wife,
+whom he solemnly vindicated from that interference with public business
+charged upon her. No one who reads the dispute will deem it necessary to
+weigh nicely the reproaches which were current on either side. To
+destroy or be destroyed is the usual choice of official war; and Montagu
+had not been bred in a school where more generous maxims prevail. He had
+conquered; and the feelings of the governor or his partisans were not
+likely to be treated with tenderness. Sir John is perhaps the only man
+who ever accompanied a dismissal with eulogy, and the result of his
+candour will probably prevent its imitation.
+
+To Lord Stanley more blame must be attached. It was his duty to care for
+the reputation of a governor whom he did not instantly recall. But his
+despatch was in print long before it reached the hands of Franklin, and
+must have been fatal to his proper authority had not popular sympathy
+sustained his government. Before Sir John received an official notice of
+his recall his successor arrived. On this abrupt termination of his
+office he obtained private lodgings in haste. The Legislative Council,
+then sitting--the various churches and literary societies, expressed
+their admiration of his personal character, and, more sparingly, their
+approval of his administration. He was attended, on his departure, by a
+considerable party of northern colonists. Sir John, in reply to their
+addresses, spoke with some warmth of that portion of the press which had
+libelled his wife,--a lady devoted to the welfare of the colony; whose
+last act was to settle property on an institution for scientific uses;
+whose benevolence was unbounded, and who, at a large sacrifice of her
+private fortune, had ministered to the comforts of the poor. Had it been
+consistent with his duty, he said, he would have gladly exposed to the
+whole people his most secret measures. He declared that he would never
+fail to uphold the reputation and to promote the prosperity of the
+colony. The frank and humane temper of Sir John Franklin won the
+affections of the settlers. He thought favorably of their general
+character, appreciated their moral worth, and shared in their notions of
+convict discipline. The insults of which he complained were the acts of
+a few: a philosopher would have smiled where he deprecated; and have
+felt that the salary of office is not more certain than the enmities
+which surround it.
+
+The alleged ascendancy of Lady Franklin in public affairs it would be
+useless to discuss. Her masculine intellect and adventurous spirit led
+some to ascribe to her more than the usual authority of her sex and
+station; but whenever apparent, her influence was exercised on the side
+of religion, science, and humanity.
+
+The appointment of Franklin to this government was made at the instance
+of William IV., by whom he was greatly esteemed. It was the expectation
+of Sir John to find an easy retreat, like some of the military
+governments, where veterans enjoy the dignity of office without its
+toils. But he found himself doomed to encounter all the responsibilities
+of ordinary legislation and government, with difficulties peculiar to a
+penal colony. For this his former pursuits had not prepared him. His
+manner was often embarrassed and hesitating, and presented a contrast to
+the quiet vigor of his more able but not more amiable predecessor. The
+colony had attained that development when the public institutions
+require reconstruction, and the popular will must in some measure
+regulate their form and spirit. The administration of the governor was
+eminently disinterested. He had no private speculations or secret
+agents, and his measures were free from both the taint and the reproach
+of corruption. Such faults were sometimes imputed, but they were the
+staple slanders of writers without credit or name. His expenditure
+greatly exceeded his official income; and while the plainness of his
+establishment and entertainments was the topic of thoughtless censure,
+the charities of his family were scattered with a liberal hand. The
+piety of Franklin was ardent, and his conscience scrupulous. His remarks
+in council on the sports of some idle boys in the government domain on
+the Lord's Day exposed him to the satire of scorners. He thought that
+youths who violate the sanctity of the Sabbath take the first ordinary
+steps in a dissolute and dishonest life. An anecdote, on the authority
+of Captain Back, shows his harmless character in a striking light.[230]
+The writer observes--"As an illustration of the excellent individual to
+whom it refers, I may be pardoned for introducing it here. It was the
+custom of Sir John Franklin never to kill a fly, and though teased with
+them beyond expression, especially when taking observations, he would
+gently desist from his work, and patiently blow the half gorged
+intruders from his hands, saying, 'The world is wide enough for both.'
+Manfelly (an Indian chief) could not refrain from expressing his
+surprise that I should be so unlike the 'old chief' who would not
+destroy a single mosquito."
+
+The name of Franklin is indissolubly connected with the great problem of
+modern geography--the connection of the polar seas with the north
+pacific ocean. In 1818 he was first employed in this service, but
+returned without success. In 1820 he conducted an overland expedition to
+the Coppermine River. This party suffered every kind of hardship, from
+the loss of boats and the mutiny of their attendants: several perished,
+having eaten their old shoes and scraps of leather: yet Franklin
+recorded in his journal the following grateful expressions--"We looked
+to the great author and giver of all good for the continuance of the
+support hitherto supplied in our greatest need." They completed a
+journey of 5,550 miles. The narrative of this expedition excited at the
+time much admiration, as a rare example of intrepidity, perseverance,
+and elevated piety.[231] In 1824 Franklin was entrusted with the charge
+of another expedition. They were attacked by the Indians, and the party
+was saved from destruction by the coolness and judgment of the leaders:
+they encountered storms, fogs, and cold, which prevented their reaching
+their destination. These efforts considerably enlarged the scientific
+knowledge of the icy region. On his return to England in 1843, it was
+resolved to confide to Sir John Franklin a new effort to discover the
+north-west passage. Accompanied by Captain Crozier, he sailed in May,
+1845. The vessels--the _Erebus_ and _Terror_--were furnished with
+provisions and artificial fuel for four years. They were last seen by
+whalers in Lancaster's Sound.
+
+In 1847 the long absence of Franklin and the 136 persons under his
+command awakened considerable alarm. English expeditions, both by land
+and water, a reward of L20,000 offered by parliament, and the earnest
+co-operation of foreign powers, have done all that money, or daring, or
+affection could accomplish to solve the mystery of their fate. Though
+these efforts are not even now (1852) relinquished, the issue has ceased
+to be regarded with hope;--except by Lady Franklin, whose exertions to
+rouse and prolong the search have excited the sympathy and admiration of
+nations.
+
+FOOTNOTES:
+
+[Footnote 228: _Narrative of some passages in the History of Van
+Diemen's Land, during the last three years of Sir John Franklin's
+administration of its government._]
+
+[Footnote 229: _Franklin's Narrative_, p. 21.]
+
+[Footnote 230: _Back's Expedition_, p. 180. 1836.]
+
+[Footnote 231: _Quarterly Review._]
+
+
+
+
+HISTORY OF TASMANIA
+
+
+FROM 1843 TO 1847.
+
+
+
+
+FROM 1843 TO 1847.
+
+
+
+
+SECTION I.
+
+
+Sir John Eardley Eardley-Wilmot, Bart., succeeded Sir John Franklin,
+August 21st, 1843. His short and troubled administration, although
+crowded with incident, presents few events of permanent interest.
+Charged with the development of a gigantic scheme of penal discipline,
+founded on erroneous data, and imperfectly sustained by material
+resources, he was involved in the discredit of its failure. The
+opposition of the colony to his measures he too readily resented as
+disrespectful to himself, and thus a long and useful public life was
+closed in sadness.
+
+Sir Eardley Wilmot received his appointment from Lord Stanley, whose
+political leadership he followed in his secession from the whigs,
+occasioned by the reduction of the Irish church. During successive
+parliaments he represented Warwickshire, and for twenty years was
+chairman of the quarter sessions of that county,--in England a post of
+some consequence. He inclined rather to the liberal than the tory
+section of the house, and supported most measures favorable to civil and
+religious freedom. On the question of negro slavery he was a coadjutor
+of the decided abolitionists, and on his motion apprenticeship, a milder
+form of slavery, was finally terminated. He contributed papers on prison
+discipline, and initiated a bill for the summary trial of juvenile
+offenders. Thus he appeared not unqualified to preside in a colony where
+penal institutions constituted the main business of government, and
+where many religious opinions divide the population.
+
+The gazette which announced his appointment contained the nomination of
+Sir Charles Metcalf to the governorship of Canada, vacated by Sir George
+Arthur. An article in the London _Times_ attacked Sir E. Wilmot with
+uncommon acrimony, attributed by himself to the influence of private
+spleen. He was described as a mere joking justice, accustomed in his
+judicial office to "poke fun" at prisoners, destitute alike of talents
+and dignity, and his character a contrast with that of the new Canadian
+governor. This bitter diatribe was published in the colonies, and was
+not forgotten in the strife of factions. Metcalf was indeed a governor
+with whom the widest comparison would scarcely find an equal. Every
+Capital he ruled is adorned with his statue, and when he descended to
+the dust his tomb was wet with the tears of nations. He consulted the
+ministers with the independence of a patriot, and governed the people as
+one of themselves.
+
+Wilmot landed at a distance from Hobart Town, and delayed his entrance
+on office to afford time for a removal of Franklin's household. When he
+was sworn in the town illuminated, and the usual excitement of novelty
+wore the appearance of public welcome.
+
+The open and affable address of the governor attracted the people. He
+rapidly traversed the island. The agricultural knowledge he possessed,
+his promptitude in forming and expressing opinions, contrasted with the
+habits and manners of his predecessor. Those who were experienced in
+official life foresaw the dangers of a temper so free and of movements
+so informal. The opponents of the late governor recommended the neglect
+of all the distinctions which had limited intercourse, and some persons,
+never before seen at government-house, were admitted to the closet, and
+boasted their intimacy and influence.
+
+Scarcely had Wilmot entered office, when an exercise of mercy brought
+him into collision with one of the judges. Kavanagh, a notorious
+bushranger, was condemned to death. He had fired on a settler, whose
+house he attempted to pillage. In giving sentence the judge remarked
+that he had seldom tried a culprit stained with so great an aggregate of
+crime. Ten minutes before the time appointed for his execution the
+governor granted a reprieve. Judge Montagu was indignant, and those who
+had suffered by the depredations of the robber shared in his opinion.
+The press, in commenting on the commutation, predicted that the culprit
+would not long escape the scaffold. He was implicated in the murders of
+Norfolk Island, and suffered death (1846). Judge Montagu, shortly after
+the reprieve, tried four men for a similar crime, and instead of
+pronouncing sentence, directed death to be recorded. He stated that the
+sparing of Kavanagh could only be justified by the almost total
+abolition of capital punishment. At a meeting of the Midland
+Agricultural Association Wilmot noticed these reflections, and declared
+that he would never inflict death in consideration of offences not on
+the records of the court, and that in this case robbery only had been
+proved. He thus early complained of anonymous attacks, and admitted that
+in offering these explanations he was out-stepping the line of his
+situation. Topics of a far more agreeable nature were suggested by the
+special business of the day. He dwelt with great fluency on the
+advantages of agriculture, and dilated on the importance of independent
+tenants and an industrious peasantry. "You," he observed, "are to
+consider yourselves as the column of a lofty pillar; but, depend upon
+it, a tenantry form the pedestal,--a virtuous, moral, and industrious
+peasantry the foundation on which that pillar rests. I see around me
+some of your largest proprietors, who this day are lords of wastes and
+princes of deserts; but who, if the system of tenantry be carried out as
+fully as it deserves, will become patriarchs; and the future Russells,
+Cavendishes, and Percys of the colony may be proud to date their
+ancestry from any one of you."[232] This strain of compliment was
+returned by Mr. Kemp, the oldest of the settlers,--so many years before
+distinguished in the deposition of Governor Bligh. He congratulated the
+meeting on the appointment of his excellency, whose presence he compared
+to "the vivifying rays of the sun after a long cheerless winter,
+encouraging the ploughman to resume his labors with fresh spirit."
+
+The prevalence of bushranging, though far less than at an earlier
+period, induced the midlanders to project a yeomanry corps. They were to
+provide weapons, meet for exercise, and always stand prepared to answer
+a summons. They proceeded to the choice of a treasurer and
+secretary--Messrs. Keach and Leake, Jun. They were, however, informed
+that the levying of armed men is the prerogative of the Queen. On
+reference to the governor, he declined to sanction their incorporation,
+while he praised their martial spirit. Bushrangers rarely move in
+numbers, and a military is not the kind of power best adapted to
+suppress them.
+
+On meeting his council for the first time (October 21, 1843), Wilmot
+expressed his admiration of the colony, its soil, its climate, and
+immense resources. He promised to consider the pecuniary difficulties of
+the settlers, with a view to their alleviation. Referring to the
+appointment of a comptroller-general, the chief officer of the convict
+department, he declared his cordial concurrence with the new discipline
+as a reformatory system; and, noticing the recent arrival of a bishop,
+he avowed his preference for the episcopal church, and, in still
+stronger terms, his attachment to religious liberty and equality.
+
+The salary of the governor was augmented to L4,000 per annum: the former
+uncertain but expensive allowances were withdrawn. Franklin had enjoyed
+L2,000 per annum, as salary, and the government houses of Hobart Town,
+New Norfolk, and Launceston; a farm at New Town, and a large garden in
+the domain. The salary of the new governor was given in full discharge
+of all demands. The beautiful gardens he determined to throw open to the
+public.
+
+Having accepted the office of president, Wilmot convened the Tasmanian
+Society, formed by Franklin, and presented a series of alterations in
+its organisation. He proposed that it should consist of a president,
+four vice-presidents, and a council of twelve, to be nominated by the
+governor; and that at first it should be limited to fifty fellows. The
+project was distasteful to the original members of the Tasmanian
+Society, who objected to the summary increase of their body. Wilmot
+proceeded to incorporate those who concurred with his views as "The
+Horticultural and Botanical Society of Van Diemen's Land." They were
+then intrusted with the government garden, and the appropriation of a
+grant of L400 per annum, required for its cultivation. The discarded
+society complained of the haste of the proposed revolution. They thought
+past services demanded a consideration of their wishes. They had
+received in trust an endowment from Lady Franklin of some prospective
+value; they corresponded with men of the first scientific circles; and
+they had published a journal which widely extended the physical
+knowledge and European fame of this hemisphere. None who are experienced
+in the causes of political discontent will consider such trifles without
+serious effect on the tempers of parties and the peace of rulers.
+
+Wilmot received the government in a condition most unfavorable to his
+tranquillity. The arrival of many thousand prisoners had for a time
+quickened trade, and some months elapsed before they became competitors
+for the bread of the free mechanics. The universally low price of labor,
+the demand for dwellings, and the closing of a local bank, which
+liberated small capitals, occasioned a competition for town allotments,
+and set all classes to building. But this stimulus was soon exhausted,
+and workmen of every grade began to suffer distress. They found hundreds
+of passholders working at a price to them, indeed, ample, but on which a
+family would starve. The regulations introduced by Lord John Russell
+discouraged employment of prisoners in the towns, where they could
+easily indulge every evil inclination, and where they abated the value
+and respectability of labor; but such was the pressure of numbers on the
+colonial government that its officers were glad to abandon all
+reformatory theories to get rid of the crowds which idled their time and
+burdened the British treasury. The free operative classes appealed to
+the governor for redress. Wilmot replied by appeals to their humanity:
+he said that many prisoners of the crown, influenced by bad example,
+ignorance, and want, had lost their liberty; that it would be unkind and
+unjust to obstruct their progress to competence and reformation. These
+excuses for a policy which tended to depress honest workmen only
+convinced them that it was time to retire from the country. A more
+powerful class might have shown that the proper office of mercy is to
+shorten the duration of a sentence, and not to inflict punishment on
+unoffending families of freemen.
+
+A party of colonists, who chose Mr. Gilbert Robertson as their
+secretary, formed an association to promote the amelioration of
+financial embarrassment. They nominated a "central committee," to
+prepare information for the guidance of the government, and to watch
+over legislation. In explaining their plans to Wilmot they professed to
+feel confidence in his liberality, judgment, and zeal. To this he
+replied in glowing terms. He told them that during a short residence he
+had traversed the colony and acquired a knowledge of its value; that he
+had projected many schemes for the improvement of agriculture and the
+relief of the treasury. He gave strong assurances both of his
+expectation of better days and his efforts to hasten them; but then he
+complained that the association, by its structure and schemes, depressed
+his anticipations; that they proposed to supersede imperial
+instructions, and to supplant his constitutional advisers. The
+objections he offered, and the tone in which they were urged, induced a
+practical dissolution of the society--scarcely compatible with regular
+government.
+
+For the last time in these colonies application was made by the settlers
+for a law to restrict the amount of usury. It had been a favorite object
+for many years. They asserted that the exactions of capitalists involved
+the colony in a hopeless struggle. England had, however, abrogated
+usury laws, and left the value of money to be determined by the ordinary
+relations of supply and demand. To this principle the governor resolved
+to adhere (1844).
+
+What the law could not effect was produced by a less exceptionable
+process. The merchants and professional men addressed the banks, and
+urged an abatement of interest, then 10 per cent. for short-dated bills,
+and 12-1/2 for renewals. They appealed rather to liberality than to
+abstract right. This was followed by a reduction in the Van Diemen's
+Land Bank,--an example which the other establishments did not readily
+adopt. Eight per cent. soon, however, became the highest amount usually
+exacted in regular transactions.
+
+The difficulties of the agriculturists from the low price of grain,
+induced them to look for artificial relief. With too much facility
+Wilmot gave hopes which he could not realise. The imposition of a heavy
+duty on New South Wales tobacco, amounting to prohibition, and that just
+as it was reaching considerable perfection, led to the imposition of a
+duty on our grain. It was the wish of the Tasmanian settlers to restore
+free trade between the colonies, and to impose discriminating duties on
+the produce of foreign countries; but the harsh and ridiculous system of
+colonial government, which discriminated between Australian and Canadian
+grain, compelled one British colony to treat another, its next neighbor,
+as an alien, and that while England demanded free admittance for English
+manufactures. The peremptory instructions of Stanley were conveyed to
+the local governors in terms of intimidation.[233] They were forbidden
+to allow any kindred colony the least advantage over foreigners, or to
+pass any bill for that purpose, and were told that any evasion of this
+restriction would occasion the high displeasure of the crown. The reason
+alleged for this interference was that colonies could not be expected to
+understand the treaties and trading system of the parent state; as if
+any treaty should have hindered a commerce actually not more distinct
+than the trade between London and Liverpool. Wilmot warmly espoused the
+claim of the Australian colonies to share in the privilege of Canada, in
+favor of which the duties had been relaxed on colonial grain. Mr. Hutt
+brought their petitions before the attention of parliament; but he could
+not plead a political necessity, and the ministers were able to resist
+without the risk of a rebellion. They asserted that the distance made
+the concession of no practical value, while it would tend to augment the
+alarm of the English farmers! Thus, while they humored the empty fears
+of their own constituents, they afforded another example of the futility
+of colonial petitions which, however just, it is convenient to
+disregard.
+
+To assist agriculture, the council passed an act interdicting the use of
+sugar, under certain conditions, by public brewers. The trade strongly
+objected to the restriction, as impolitic, vexatious, and impracticable.
+Their objections were admitted by the secretary of state, who quietly
+observed that he had been advised that sugar could not be considered
+deleterious. This is the last attempt at protective legislation.
+
+To benefit the rural interest the governor proposed a grand scheme of
+irrigation. An eminent engineer, Major Cotton, was employed to report on
+the subject, and suggested the detention of the waters of the vast lakes
+which overflow from the heights of the western mountains. A rate to be
+imposed on the various estates was to discharge the cost. Thus in those
+seasons of drought which sometimes occur the lowlands would be made
+increasingly fertile. The immediate object--the employment of probation
+labor at the colonial cost--detracted something from the charms of the
+project. Nor did it seem just that the settlers should risk the ultimate
+cost of an undertaking they could not limit. Sir E. Wilmot earnestly
+recommended the scheme to the home government, but Lord Stanley
+hesitated until the evils of the probation system enforced a change, and
+lessened the labor at the disposal of the crown. Had the men been
+employed on a work so popular they would have been withdrawn from the
+colonial eye, and the interest of their new labors might have
+extinguished the prevailing discontent. But while the governor waited
+for instructions the men were idle, or employed in useless attempts at
+cultivation on barren land, of which the produce rarely defrayed the
+cost of the implements destroyed.
+
+The charge for police and gaols had always been borne by the legislative
+council with impatience. The estimates were accompanied by an annual
+protest against entailing on the colony any pecuniary consequence of
+British crime. But when the convict labor was withdrawn from the roads,
+and new taxes demanded, the time arrived for the most decided
+resistance, and the event proved that the councillors who refused their
+consent acted with prudence. The minister himself was compelled to own
+at last, that the exaction of twenty shillings per head for police, was
+unexampled in civilised governments.
+
+In 1836 Mr. Spring Rice (now Lord Monteagle) took advantage of a
+considerable local land fund to throw on the council the police
+establishment of the colony, occasioned by transportation. The sum then
+required (L14,000) was comparatively unimportant, and it was urged that
+the labor of convicts employed on public works at the cost of Great
+Britain, except L4,000 for superintendence, was a sufficient
+compensation. But the charge for constabulary and prisons gradually
+increased to L36,000. The land fund, after deducting L97,000, expended
+for emigration, for the support of aborigines, and the working of the
+land office, yielded in ten years a surplus of L207,000, carried to the
+general revenue; but during this time the charge for police and gaols
+exceeded L311,000. The increase of judicial expenses, and especially of
+witnesses, was proportionately great; and this last item in one year
+(1846), although most lighter crimes were disposed of in a summary way,
+rose to L6,000. The execution of public works by the crown had been the
+sole vindication of these charges. From this arrangement Lord Stanley
+departed, and in peremptory terms prohibited a spade to be moved but on
+payment from the colonial treasury. Thus at a season of commercial
+stagnation the benefit of convict labor was withdrawn, while the charges
+for police and gaols rose to one-third of the entire revenue of the
+colony, and in two years and a-half a debt accumulated to L100,000.
+
+Notwithstanding the obvious injustice of this burden, the treatment of
+the New South Wales legislature gave slight hope of redress. Lord
+Stanley directed Sir George Gipps to obviate the threatened resistance
+of that council by hastening pardons to the prisoners, by withdrawing
+them from the service of the settlers, and by sending those not
+otherwise disposable to Van Diemen's Land. He was forbidden to relieve
+extreme financial difficulties by drafts on England, or draw from the
+military chest, although at the period an immense body of convicts
+remained long after transportation had ceased. This disregard of a more
+powerful colony led the people of Van Diemen's Land to infer that from a
+minister so unscrupulous no justice could be expected while evasion was
+possible.
+
+Wilmot was deeply embarrassed, but he determined to adhere to the
+instructions of the secretary of state, whose distance prevented his
+perceiving the hopelessness of his project until that discovery was
+unavailing. The positive nature of these injunctions left no room for
+discretion. The governor was commanded not to adopt any detailed
+regulations at variance with the scheme prescribed by the crown, or to
+depart from its provisions without express authority.[234]
+
+Sir Eardley Wilmot resolved that the utmost extent of taxation should be
+tried rather than infringe the orders of Stanley. A bill to raise the
+duties on sugar, teas, and foreign goods from 5 to 15 per cent.
+encountered an earnest but unavailing opposition. This bill was still
+more obnoxious from a clause, afterwards abandoned, to levy the duty on
+the current value of goods at the market of consumption, instead of
+export--a mode which taxed all the expenses of shipment. Mr. Gregson
+proposed the rejection of an impost required only by the extraordinary
+pressure of convictism. Several of the non-official members voted with
+the governor for the last time.
+
+A committee of the council had been appointed to ascertain how the
+expenditure could be reduced and the revenue augmented. They enumerated
+various forms in which further taxation might be practicable. These were
+proposed by the governor. Auctioneers, pawnbrokers, publicans, butchers,
+eating-house keepers, stage-coach and steam-boat proprietors, cabmen,
+and watermen, were to be subject to new or increased license fees.
+
+This project aroused the people to an unusual degree. On the day of
+public meeting[235] a procession of cabs and waggons, decorated with
+flags bearing the inscription, "No taxation without representation,"
+presented a novelty in colonial agitation. Mr. Kemp, the veteran
+politician, presided. The opposition prevailed, and the governor
+resolved to withdraw the obnoxious measure. It would be difficult to
+discern a line beyond which taxation might not pass, if every trade and
+profession can be subject to arbitrary imposts levied by a legislature
+at the mere dictation of the crown.
+
+Referring to this meeting as a triumph which history would report to the
+latest posterity, the _Courier_ added--"Rulers will henceforth recoil
+from the virtuous indignation of the people, as the reptile recoiled
+from the touch of Ithuriel's spear." It was supposed by Wilmot that this
+not very lucid prediction conveyed a gross and personal insult, and that
+it attributed to him the artifices and loathsome habits of the fiend.
+The private secretary was instructed to withdraw the subscription of the
+governor, and to explain the cause of his displeasure. Such petulance
+took the colony by surprise. A less experienced politician might have
+been expected to disregard a heavier censure; and this conflict with a
+local editor was noticed by the London press as a curious instance of
+official sensibility.
+
+The sheriff refused to call a meeting to consider the condition of the
+colony, because one of the objects was to notice the appropriation of
+the public revenue. This he had been advised was an interference with
+the royal prerogative! The friendly tone of his refusal restrained the
+wrath it was calculated to excite. It is quite impossible to suppose any
+branch of politics more clearly within the sphere of popular
+remonstrance than the expenditure of the public money (August, 1845).
+
+Mr. Bicheno, the colonial secretary, who, like the governor, might have
+been popular in quiet times, was little qualified for a stormy debate.
+He announced the most arbitrary notions in the blandest tones, and
+asserted that the doctrine of concurrent representation and taxation was
+a wild revolutionary idea, exploded by American independence. The
+revenues he called the Queen's, and thought it monstrous that any should
+dispute her right to her own. Though he compared the parent country to
+the hen and the colonies to chickens, he could see nothing to disturb
+the analogy in a demand for fresh contributions. He asserted that all
+constitutional history showed that it was the prerogative of the crown
+to tax the people, and instanced the Cape--a conquered province--as an
+example. He affirmed that customs were not taxes, as the public were not
+compelled to use the articles on which they were levied. The prosperity
+of communities he asserted rose with the increase of taxation; that the
+placards posted over the town were a complete delusion. Taxation and
+representation--a cry first introduced by Lord Chatham, was, he said,
+never adopted by the liberal whigs (August, 1845). Such un-English
+notions were no assistance to the cause of the executive, and were
+distasteful to all who pretended to value constitutional government.
+
+The _ad valorem_ duties, raised to 15 per cent., for some time produced
+less than they realised at five. The licensing scheme being rejected,
+nothing remained but to reduce the expenditure or increase the debt. To
+relieve the revenue and employ the convicts the executive proposed a
+road act, and another for lighting and paving Hobart Town. The great
+objection to these measures was their design to evade the question at
+issue between the home government and the colony;--with many more odious
+still as recognising a right in a crown appointed legislature either
+directly or indirectly to tax the people. Mr. Gregson stated early in
+the session that he would not levy a shilling additional until the
+burdens of police were equitably adjusted. Supported by Captain
+Swanston, formerly a staunch adherent of Sir G. Arthur, he successfully
+moved the rejection of these bills. Their discussion drew forth many
+expressions of personal feeling. The governor declared he would not stay
+in office one hour did he not believe that Lord Stanley meant fairly by
+the colony, or could he not conscientiously act upon his lordship's
+instructions; and he begged that all the opprobrium cast on Lord Stanley
+might be considered equally applied to himself. He remarked that the
+opposition had exhibited a spirit "more radical and even Jacobinical"
+than he ever had witnessed in parliamentary factions. These reproaches
+were repelled by Mr. Gregson, who contended that in resisting unjust
+exactions for convict purposes he was promoting the real interests of
+the colonial government. The governor retorted that with such support as
+the honorable member afforded he would readily dispense.
+
+When the estimates for the year were presented (August 20th) the country
+party insisted on enquiry, and Mr. Dry proposed the appointment of a
+committee to ascertain the proportionate burdens transportation imposed.
+This motion was rejected by the governor's casting vote. Another, made
+for adjournment, to give the members time to investigate the items, met
+a similar fate. It was, however, discovered when the estimates were read
+that they differed from the copy in the hands of the members. The chief
+justice supported a second motion for adjournment, to enable the
+colonial secretary to correct these discrepancies. On the re-assembling
+of the council (25th) the governor stated that considering the
+determination avowed by the members to refuse all items for the expenses
+of convictism, and the general state of popular feeling, he had resolved
+to pause, and to await the arrival of expected despatches on the subject
+of dispute from Lord Stanley, in reply to his own.
+
+Sir E. Wilmot was sensible of the financial burden inflicted by the
+convict establishments. A committee of government officers sat shortly
+after his arrival, and pointed out the many and large items to be traced
+to the prevention and punishment of crime. This report he forwarded to
+Lord Stanley. He complained that charges never before thought of were
+levied by the commissariat, as well as the full value of convict labor,
+and insisted that the expences incurred by the colonists for police
+ought in fairness to be defrayed by the crown, or that the labor at its
+disposal should as formerly be allowed in compensation.[236]
+
+So late as August, 1844, the secretary of state refused to entertain the
+claim for relief. He stated that the colony would be obliged to expend a
+sum nearly equal, although all the convicts were withdrawn; for their
+sakes, he said, the island was colonised; they constituted the working
+population; and he added that in the military and naval protection, the
+support of the unemployed convict, and the capital and cheap labor
+poured into the colony, a fair proportion of expenditure was borne by
+the crown.
+
+Pressed by extraordinary difficulties, Wilmot again[237] urged the
+injustice of these conclusions. He complained that not only India,
+China, and the Cape of Good Hope, but New South Wales, were pouring in
+felons of the worst description, who, as pass-holders, occasioned a vast
+outlay for the suppression of crime. He told his lordship that for
+several years the land fund had totally failed, while the expenses of
+police and gaols, of judges and witnesses, had risen to L50,000. At this
+time the number of arrivals was five thousand annually, sent from every
+colony and dependency of the empire, as well as from the United Kingdom.
+There were between three and four thousand pass-holders unemployed,
+7,000 in private service, 6,000 about to emerge from the gangs, 8,000
+with tickets-of-leave or conditional pardons, and in all more than
+30,000 unqualified to quit the island without the consent of the
+crown.[238]
+
+It is impossible to read these representations without feeling indignant
+at the nobleman who suffered the representative of the Queen to struggle
+with difficulties so manifold and great,--who left him to the
+alternative of breaking through positive prohibitions or of incurring
+popular distrust and aversion. To this delay the governor owed much of
+the opposition he suffered, and the imperial government inconveniences
+of lasting consequence. Nothing was conceded to justice--nothing to
+entreaty; and the secretary of state yielded at last as despotism must
+ever yield,--without merit and without thanks.
+
+The whole change in the details of the convict department was marked by
+a spirit eminently opposed to the colonial welfare. With singular
+acuteness and perspicuity Lord Stanley described the former systems as
+subject to local influence and subservient to local ends. Every
+governor, he alleged, was under a strong bias in favor of expense, as
+the patron of a multitude of officials. He stated that the executive
+council were equally benefited by the wasteful expenditure, either in
+their own persons or those of their official brethren, and that every
+colonist had an interest in the multiplication of bills on the British
+treasury. To prevent these abuses, the convict estimates were
+thenceforth to be prepared by the colonial secretary, the
+comptroller-general, and the commissariat officer, subject to the
+approval of the secretary of state.
+
+The management of the prisoners being confided to the judgment of the
+governor, Lord Stanley deemed the chief cause of its many changes, and
+its subservience to colonial prosperity. The deference of the ministers
+to this discretion he attributed to the unwillingness of the home office
+to interfere with a functionary in correspondence with the colonial
+office, and the reluctance of the secretary for the colonies to guide a
+penal system designed for interests exclusively imperial. Thus, he
+stated, the governor was practically independent, and had strong
+inducements to render the labor of convicts subservient to colonial
+wealth, and to disregard the great design--the prevention of crime in
+Great Britain. He declared that all schemes of convict management were
+of colonial origin, and all contemplated local interests as their main
+object. To prevent these devices he proposed to retain in the
+colonial-office the exclusive management of the details of
+transportation.[239]
+
+Among the items of convict expense was a charge of L164,000 for rations.
+This Lord Stanley considered an extravagant outlay. He deemed it highly
+improper that in a country where all the means of subsistence existed in
+such abundance with an unlimited supply of manual labor, this charge
+should remain. He however feared that while the convicts were permitted
+to labor on works of colonial utility the local authorities would always
+find means to increase the charges for their subsistence (Feb. 28, '43).
+The treasury concurred in this view, and requested that explicit
+instructions might be given to Wilmot and the comptroller-general to
+prevent the employment of labor for the colonial benefit, and to devote
+their utmost efforts to raise the food on the waste lands of the colony.
+
+The convict department attempted agriculture, and they selected for the
+experiment cold, damp, and barren soils. Gardens of a few acres occupied
+a thousand men: the cleared land was utterly worthless. Garden seeds
+were brought into the colonial market, and potatos sold at twenty
+shillings which cost the government L10 per ton. Several hundred men
+idled their time in cultivating land which did not equal in the
+aggregate a single farm.[240] The estimated value of all the articles
+produced on two stations, Deloraine and Westbury, in 1846, by four
+hundred men, was less than L2 per man; while the salaries of their
+officers were nearly double that sum.[241]
+
+Mr. Montagu, the late colonial secretary, in estimating the cost of the
+convict department, presented a calculation L100,000 annually less than
+the estimate of the officers on the spot. This difference Lord Stanley
+set up as proof of the culpable negligence and profligacy of colonial
+expense. He considered the body of persons employed in the control of
+prisoners excessive. A reduction was therefore enforced, and in the end
+less surveillance was employed than free labor usually requires.
+
+To each party of three hundred seven overseers were attached, without
+constables or other restraint. The sub-division of these parties in
+labor left them often to the practical oversight of a single person, and
+he an expiree. Thus they were able to make excursions for the purposes
+of robbery and pleasure: their clothing tended rather to disguise than
+distinguish them. As the terms of their service expired they were
+discharged in the prison dress, and no one could tell whether they were
+or not illegally at large. Escaped prisoners have been known to walk
+through bodies of men on the road without challenge. In several
+instances robberies were committed on travellers within the precincts of
+the stations. The enclosures were often merely the common garden fence.
+The judges avowed that in passing sentence for crimes they could not
+punish them with severity, considering the strong temptations of the
+men. Remembering the number virtually and legally at large, the degree
+of safety, or rather the instances of exemption from pillage, must be
+considered almost miraculous. A great portion of minor crimes were not
+prosecuted, and a still larger number were undetected; but eight hundred
+recorded crimes--a scourge to ten thousand families, and full of terror
+and danger to all--would not seem extravagant when divided among thirty
+thousand prisoners.
+
+The despatches of Wilmot to Lord Stanley described with accurate
+minuteness the social effects of the probation system. Those who
+remember his apparent apathy when those evils were the topics of
+colonial complaint will deplore the strange fidelity to his political
+chief which induced him to conceal his own sentiments from the
+colonists. He stated that the territory was inundated with unemployed
+prisoners; that no labor being in demand, they must either starve or
+steal; that a yearly increasing pauper population, without adding one
+atom to colonial wealth, would swell the catalogue of crime and increase
+the public expense in every form; that the number out of employment was
+fearfully great; and that land--cleared, fenced, in complete
+cultivation, with houses and buildings--might be bought at the upset
+price of waste land. To remedy these evils he proposed the extension of
+conditional pardons to the Australian colonies, the remission of the
+price of crown lands to emigrants, and the letting of allotments at a
+nominal rental for seven years to conditionally pardoned men, with a
+contingent right of purchase.[242]
+
+To all these remonstrances, so far as they affected the colonist, Lord
+Stanley had a ready reply. The colony was originally penal, and could
+claim neither compensation nor relief. He considered that in emigrating
+the colonists surrendered at discretion; that they were not entitled to
+object to the trebling of their police burdens and to the importation of
+all instead of a small part of the convicts of the empire, as was the
+case up to 1840. His rejoinder was felt with that bitterness which none
+can realise who have not known the tyranny of irresistible despotism.
+Happily for mankind there is no power above the steady and determined
+operations of truth and right. The cruel desertion of the people in the
+hour of their distress--the scornful defiance of their complaints, has
+involved the cabinet of England in difficulties for which nothing but
+great sacrifices will fully obviate. No people in this hemisphere will
+entirely trust a British minister until the history of Van Diemen's Land
+is forgotten.
+
+The anticipated relief not having arrived, the governor again assembled
+the council on the 21st of October. He now proposed several expedients
+to meet the exigencies of the moment. He had, unauthorised by the
+council, borrowed money of a bank. He proposed to stop the forage
+allowance of the clergy, and to retain 12-1/2 per cent. of the salaries
+of the officials. Both these measures were withstood--the last
+effectively. The chief justice denied the power of the council to
+interfere with his income. When a new set of estimates was offered they
+were found to be unintelligible, and an adjournment, to enable the
+colonial secretary to afford the necessary information, was proposed by
+Mr. Dry. This reasonable request was lost by the governor's casting
+vote, and several motions with a similar object were defeated in the
+same manner. Mr. O'Connor, the non-official member who supported the
+executive, was absent, and thus the votes of the official and country
+party were equal, and the balance was in the governor's hands.[243] At
+the next sitting of the council Wilmot proposed to pass the estimates.
+Ineffectual efforts to postpone their consideration exhausted all means
+of evasion, and Mr. Dry moved that the Appropriation Act should be read
+that day six months. He expatiated on the injustice of the system which
+condemned the colony to the cost of an imperial scheme, and insisted on
+the solemn obligation of the council to resist an accumulation of debt
+which must involve the colony in ruin. Mr. Gregson followed, and
+referred to the unavailing representations of Sir G. Arthur, Sir John
+Franklin, and Sir E. Wilmot himself, in reference to police expenses,
+and dwelling on the evils of the convict system. An adjournment of the
+debate being moved the governor opposed it with his deliberative and
+casting vote, and added that he resisted the motion because it was only
+intended to embarrass. The Appropriation Act would then have gone to the
+third reading, but the non-official members at once quitted the chamber,
+and reduced the number below the legal quorum. On the day following Mr.
+Gregson appeared at the table and apologised for the absence of his
+honorable brethren, who were preparing a protest to present on the
+morrow. Wilmot complained of discourtesy, and denounced the opposition
+as disloyal and unconstitutional. They asserted that quitting the
+council chamber was not unusual, and was not a concerted movement, and
+resented in decided language the charge of disloyalty,--amounting in
+sworn councillors to perjury, if rigorously construed. The governor
+afterwards explained that he had reference only to the particular
+instance, and not to their general intentions.
+
+It had been publicly rumored that rather than allow the Appropriation
+Act to pass, several members had resolved to resign. Captain Swanston,
+less prominent in opposition, waited on the governor, and earnestly
+advised him to forward another set of estimates, prepared by Captain
+Swanston, for the approval of the secretary of state. He warned him that
+should he persevere a rupture would inevitably follow. In this interview
+the governor expressed his determination to proceed. He forgot, it would
+seem, some of those forms of civility which no man can safely neglect,
+and Captain Swanston left him with a sense of personal affront,--an
+immedicable wound.[244]
+
+In this temper the council met on the 3rd of October. Mr. Gregson called
+the attention of the members to a question submitted to Mr. Francis
+Smith, a barrister: Whether, as chairman of a committee, the governor
+had a deliberate and casting vote, and whether the quorum required by
+law at a meeting of council was requisite in committee; and thus whether
+the estimates were legally passed through the committee, the numbers
+present being less than one third, and the governor giving his double
+vote. Mr. Smith gave his opinion that the estimates were in law
+rejected instead of carried; but the chief justice considered the
+sitting of committee merely a convenient method to sift beforehand items
+afterwards to receive a legal sanction in the council. The
+attorney-general without notice was unprepared to give an opinion, and a
+motion of Mr. Gregson for delay was lost. The colonial secretary then
+moved the third reading of the obnoxious bill, when Mr. Dry rose to read
+a minute, signed by the members in opposition, objecting to the
+proceedings. This being rejected as irregular, Mr. Gregson proposed that
+the third reading should be delayed that the members dissenting might
+bring forward other estimates. In urging this motion he rebutted the
+"disloyal" imputation, and referred the governor to the unity existing
+in the country party in proof that inevitable necessity alone had
+prompted the co-operation of persons hitherto adverse. This motion being
+lost--before the Appropriation Act could be carried--the opposition
+quitted the council. Those remaining did not constitute a quorum, and
+the legislative session was abruptly terminated. The _Gazette_ of
+November the 4th announced that Charles Swanston, Michael Fenton, John
+Kerr, William Kermode, Thomas G. Gregson, and Richard Dry, Esquires, had
+resigned their seats.
+
+The obligation of the official members of the council to vote with the
+governor on all government questions had been long before decided. The
+non-official were only bound by their oaths to assist in all measures
+necessary for the good of the colony, but the nature of their powers and
+the proper mode of their exercise were subjects of dispute. Wilmot
+maintained that they were assisting in "a council of advice" on subjects
+submitted to their judgment, and were not qualified to question the
+general policy of the executive. All beyond a simple aye or no he deemed
+usurpation. Thus when they demanded papers, called for committees, and
+obstructed obnoxious measures by the artifices of parliamentary debate,
+they were charged with forgetting the duties of their office. These
+gentlemen, however, maintained that it was their duty to hold the
+executive in check on behalf of the people, and that whatever was not
+abstracted from their supervision by specific laws was proper for their
+consideration. The governor claimed a deliberate and casting vote; and
+thus one non-official member, by concurring with the executive, or even
+by abstaining from voting, neutralised the voice of the rest. The
+official members had no discretion allowed. Lord Stanley had ruled that,
+choosing to assume relations disqualifying them to vote with the
+governor, they were perfectly free to do so; but having done so, they
+could not retain their employment. He alleged that there would be an end
+of official subordination, and that the public service would be brought
+into serious discredit by allowing a different course. He admitted that
+exceptions might occur, but their force was left to the judgment of the
+governor.[245] This decision reduced the official debates to a mere
+pantomime, and a seven-fold vote would have better expressed the real
+character of the legislature than the disguise of separate suffrages.
+The chief justice was alone independent.
+
+Having resigned their office, the _six_ sent a letter of explanation to
+Lord Stanley. In summing up their complaints they asserted that they
+were called on to vote an expenditure the colony could not bear,--to
+anticipate a revenue higher than the customs department calculated on
+receiving; that they were denied information, although they were bound
+to deliberate; that they were expected to augment an alarming debt, and,
+when crime was increasing, to diminish police protection; that they were
+told by the governor he would carry the estimates by his casting-vote,
+before they refused to pass or had examined them; that the governor
+claimed power to borrow and spend without legislative consent; and
+finally, that discussion and enquiry were denounced as factious,
+unconstitutional, and disloyal: under these circumstances they resigned
+their seats, as the only open course, and submitted their conduct to the
+judgment of the Queen.
+
+The opposition to the measures of Wilmot could not be in every instance
+justified if separately considered. But the colony discovered in the
+governor an inflexible determination to carry out the system of
+probation under the instructions of Lord Stanley. It was not possible to
+resist the secretary of state, the chief aggressor. The imperious tenor
+of his despatches taught the people that mere remonstrance would be
+unavailing. They could only arrest his attention by involving his agents
+in embarrassment. Repeated motions for the attainment of the same object
+are certainly incompatible with legislative order. A small party might
+retard the public business, and gain no good end by delay; but the exact
+line between fair and factious opposition is not easily discovered and
+can be often only ascertained by the result. In this instance the
+object was clearly expressed in a rejected resolution:--"This council do
+decline voting the sums stated in the estimates laid on the table for
+the payment of the judicial, police, and gaol establishments during the
+ensuing year, as far as the expenses of the convict department with
+respect to those items are incurred. At the same time they desire to
+place on record an expression of regret that they should, by a sense of
+duty, be compelled to adopt any measure likely even temporarily to
+embarrass his excellency's government."[246]
+
+The cause of "the patriotic six," as they were called, was eagerly
+espoused by the colony. To supply the vacancies occasioned by their
+retirement was the labor of weeks. The governor defended himself from
+the charge of despotism, and declared that he would never interrupt the
+freedom of debate or attempt to force the compliance of the council. The
+opposition press held up to scorn those disposed to accept a nomination,
+and gentlemen who did so were assailed with scandalous abuse,--so easily
+is the noblest cause degraded by its friends. A more suitable expression
+of popular feeling was given on the return of Mr. Dry to his native
+town. He was escorted by a large concourse of people and with all the
+usual tokens of public esteem. The father of Mr. Dry was exiled during
+the political troubles of Ireland in the last century, and after a
+respectable career attained considerable wealth. The son, the first
+legislator chosen from the country-born, the colonists saw with pleasure
+consecrate himself to the cause of his native land. Mr. Gregson, the
+leader of the opposition, was honored in a more substantial form. A body
+of his admirers, by contributions of large amounts, raised a testimonial
+in the shape of 2,000 guineas, and plate with a suitable inscription. On
+no previous occasion had public sympathy so attended political
+controversy, and never was the legislative freedom of the country more
+earnestly desired.
+
+FOOTNOTES:
+
+[Footnote 232: Agricultural Dinner, October 18, 1843.]
+
+[Footnote 233: Despatch, June 28, 1843.]
+
+[Footnote 234: Despatch, No. 34, 1843.]
+
+[Footnote 235:
+
+NO TAXATION!
+
+A meeting will be held at the Theatre.
+
+Auctioneers, rise at our bidding.
+Pawnbrokers, pledge the public your interest.
+Butchers, show your pluck.
+Publicans, prove your spirit.
+Stage-coachmen, drive on.
+Cabmen, make a stand.
+Carters, put your shoulders to the wheel.
+Eating-house keepers, support the constitution.
+Boatmen, a long pull, a strong pull, and a pull altogether.
+
+God save the Queen!
+
+August 6, 1845.]
+
+[Footnote 236: Despatch. December 5, 1843.]
+
+[Footnote 237: January 24, 1845.]
+
+[Footnote 238: Despatch, Jan. 31, 1845.]
+
+[Footnote 239: Correspondence, January 5, 1843.]
+
+[Footnote 240: Mr. Maclean's Report, 1844.]
+
+[Footnote 241: Dr. Hampton's Report.]
+
+[Footnote 242: Despatch, January, 1845.]
+
+[Footnote 243: Mr. O'Connor, however, had protested against the police
+expenses in the following terms:--"Because, were this not a penal
+colony, one-third of its present police force would be adequate to its
+protection. I therefore do not consider that in common justice the
+colonial government ought to be required to defend themselves, at their
+own expense, against the aggression of convicts sent hither principally
+for the benefit of the mother country" (July, 1844).]
+
+[Footnote 244: Letter of Captain Swanston to Lord Stanley.]
+
+[Footnote 245: Despatch to Sir G. Gipps, Jan. 1st, 1845.]
+
+
+
+
+SECTION II.
+
+
+The development of the new convict system gradually disclosed its
+adverse character, and excited general dissatisfaction and alarm. The
+press warned the people that an attempt to change the whole aspect of
+the colony, from a free to a mere prison community, could only be
+resisted by instant measures. Abolition of transportation was spoken of,
+although as a contingency rather than an object desirable; and a few
+only of the colonists were anxious to speed that event. Among these was
+Mr. Pitcairn, a solicitor of Hobart Town, a gentleman never before
+prominent in politics, but eminently fitted to lead the community on
+this question. The first petition of a series unexampled in number was
+drawn up by him, and offered to the colonists for signature. All its
+allegations were supported by documentary evidence, drawn from the
+public records.
+
+The location of the gangs exposed them every moment to public
+observation. A frightful sketch of their distribution was drawn by the
+author of the petition. "If," said he, "you look at the last map of Van
+Diemen's Land (Mr. Frankland's), you will see, at the entrance of
+D'Entrecasteaux's Channel, South Port. Here there are 500 men. Above, at
+Port Esperance, 400 men. Above this, along the banks of the Huon, the
+farmers begin. At Port Cygnet, up the Huon, there are 350 men;
+proceeding up the channel, you come to Oyster Cove, 250; Brown's River
+(just above Worth West Bay and five miles from Hobart Town), 500. Taking
+now the main road from Hobart Town to Launceston (the lands on each side
+being all settled, fenced, and improved), you will see Glenorchy (eight
+miles from Hobart Town), 150 men; Bridgewater (twelve miles), 100; Cross
+Marsh (thirty miles), 100; Jericho (forty miles), 100; Oatlands (fifty
+miles), 180; Ross (seventy miles), 120; and Cleveland (86 miles), 250.
+At Perth (one hundred miles from Hobart Town and nineteen from
+Launceston), there was another gang, which was recently withdrawn.
+Leaving the main road, there are at the Broad Marsh, 240 men; at Fingal,
+400; at Buckland, 250; at Jerusalem, 500; at St. Mary's, 300; at
+Westbury, 200; at Deloraine, 300; at the Mersey, 200. In all, twenty
+gangs, comprising 5500 men."
+
+The petition this statement sustained desired the most moderate
+changes:--the reduction of the number transported to Van Diemen's Land
+to the standard of 1840; the amelioration of the discipline; the relief
+of the settlers from the expense occasioned by the presence of
+prisoners; and the gradual and total abolition of transportation. It was
+not adopted at a public meeting, but was published in several
+newspapers, and deliberately signed by those who admitted its facts and
+joined in its prayer. Upwards of 1,700 persons attached their names,
+including six non-official councillors, forty-one magistrates, and many
+other persons of influence.
+
+The committee who took charge of the petition requested the governor
+would testify to the truth of its allegations and the respectability of
+the petitioners. In few words he promised compliance. He accompanied the
+petition with a despatch generally hostile to the object and unfriendly
+to the character of the subscribers, whom he described as men habitually
+factious, and who attributed their difficulties to any cause but the
+right. He asserted that their colonial property was trifling, and that
+they were encumbered with debt. He ascribed their discontent to
+insolvency, and their embarrassment to extravagance and speculation. He
+disputed most of their statements--distinguished between them and the
+more respectable majority against them--and stated that the number of
+signatures was due to the indolent facility with which such documents
+were signed. This despatch (August 1, 1845) was printed for the use of
+parliament, and soon came into the hands of the colonists. The absence
+of constitutional channels for the expression of their dissatisfaction
+led them to a measure which would otherwise be deemed an extreme one.
+Sir E. Wilmot was the patron of the Midland Agricultural Association, a
+body including much of the wealth and influence of the colony. They were
+convened by certain of the members, and the obnoxious despatch was laid
+before them. An animated and indignant debate terminated in the removal
+of Wilmot from his place as their patron. No prudent colonist would
+desire to see this precedent often followed. The distinction between a
+governor as the head of the social circle and as the chief of a
+political body will be more readily apprehended when his power shall be
+less absolute, and his secret advice no longer over-ride the wishes and
+interests of the people.
+
+Having filled up the vacancies in the legislative council, Sir E. Wilmot
+called them together. It appeared that money had been provided and
+appropriated, and a pledge given to the bank to confirm the contract in
+the council. It was intended to issue debentures, and thus settle
+out-standing accounts. Messrs. Reed and Hopkins offered to this scheme a
+decided opposition, and being unsuccessful, they resigned their seats.
+
+The English government at length agreed to pay L24,000 per annum towards
+the police expenditure, but at the same time excepted the waste lands of
+the island from the general system. The land fund, elsewhere given up
+for the benefit of the colony, was assumed by the lords of the treasury.
+It was contemplated to employ convicts in clearing and cultivating, and
+by the sale of land to indemnify the crown for the outlay. The governor
+was authorised by the secretary of state to allot portions of land to
+ticket-of-leave holders,--a measure offensive to the settlers in
+general, and found to be impracticable.
+
+The legislative council passed several acts of great colonial
+consequence. The Abolition of Differential Duties Bill (July, '46)
+exacted the 15 per cent, _ad valorem_ on colonial commerce, in obedience
+to the policy of ministers. Thus the inter-colonial trade was loaded
+with burdens of great severity, and in many instances it was cheaper to
+send raw material to London and import English, than to exchange
+colonial manufactures. The measure was welcomed by some sheep-holding
+members as a tax on Port Phillip sheep, but the government disclaimed
+any other object than the increase of the revenue. A heavy retaliatory
+rate was then imposed by the New South Wales legislature. They however
+addressed their governor to obtain, if possible, a disallowance of the
+exactions of Wilmot. Messrs. Dunn, Orr, and Stieglitz entered their
+protest against the bill, and avowed the principles of free trade.
+
+A bill for electing commissioners of paving and lighting for the city of
+Hobart passed the council (August, '46), and although disliked as an
+indirect scheme of taxation, was not unpopular. The first election under
+it occasioned a keen competition and considerable excitement. It was the
+first instance of representation, but the bill made no provision for a
+scrutiny, and the returning officer declared the poll against the
+protests of the defeated candidates. Many fictitious votes had swollen
+the numbers of their antagonists. The commissioners sat for some months,
+and gave exemplary attention to their duties; but when the time came for
+rating the city, the defect of their election appalled them. This
+objection was long foreseen. An election without a scrutiny might not be
+founded on one valid vote. The government, unwilling to admit the defect
+of the bill, did not attempt to reform its details, and at length it
+fell into disuetude.
+
+A measure of still greater ultimate importance was enacted by the
+council, intended "to restrict the increase of dogs." A heavy tax was
+imposed on the keepers of this indispensable protector of house and
+fold. The multitude running about the streets was felt to be a nuisance,
+and the destruction of flocks required some check; but the frame-work
+of the bill was objectionable, and the charge excessive. It will be seen
+hereafter that the tax occasioned the most serious disputes.
+
+The administration of Sir E. Wilmot was, however, suddenly brought to a
+close. Reports, forwarded by Mr. Forster, and adopted by the governor,
+extolled the outlines of Lord Stanley's system, while events were
+constantly occurring which, amply sustained by respectable testimony,
+demonstrated its sad consequences. Evils of a serious nature were
+extensively prevalent,--some, inseparable from every scheme of penal
+discipline, others aggravated by the excessive dimensions of the
+probation system, and not a few the result of the failure of demand for
+labor. The worst effects of sensuality were the most alarming feature of
+the system, but even they were probably only more flagrant because the
+extent of transportation gave them a wider range. Remedial measures
+demanded an outlay and inspection which the instructions of the home
+government had prohibited in language the most distinct. The ministers,
+having tied up the governor's hands, complained that he had carried
+economy to a pernicious extent, and in reporting the state of the
+prisoners, had passed over important questions. But those who examine
+the despatches of Wilmot with care will be compelled to question the
+accuracy of these complaints. There is scarcely an evil which the
+progress of the scheme unfolded that he did not admit and illustrate.
+These evils he thought partly accidental and partly inevitable in all
+penal schemes; but still he maintained that, with all its defects, the
+probation system, as such, was the best ever devised by the British
+ministry. Lord Stanley indeed stated that in "five reports from Captain
+Forster and seventeen despatches from Wilmot, he had either received no
+intelligence or that their remarks were casual, slight, and few." Thus
+at the end of three years he found himself destitute of any clear
+understanding in reference to the conclusions which Mr. Forster, as the
+immediate agent, or the governor, as the chief superintendent, must have
+formed respecting the soundness of the principles or the wisdom of the
+plans which both had been called upon to administer (September, '45). It
+was thus apparent that the colonial-office held the governor responsible
+not only for obedience to positive instructions, but for their results;
+and that, in the event of a sacrifice being required, the officers on
+the spot would be devoted: and so it happened.
+
+In closing the session (September, 1845) Sir E. Wilmot announced his
+recall. Although not usual then to address the council, he stated that
+he could not permit the members to disperse without acknowledging their
+assistance. A delusion for a time might expose a public man to popular
+injustice; but however misjudged, either during his life-time or after
+death, his character would require no other vindication than truth would
+afford. He informed them that his recall was not occasioned by his
+differences with the late members, but was ascribed to an imputed
+neglect of the moral and religious welfare of the prisoners; and he
+added, that the memory of their kindness would remain with him during
+the short remainder of his life.
+
+Mr. Gladstone, who had received the seals of office, conveyed to Wilmot
+the notice of his removal. The despatch is a singular example of its
+author's mental habits. While he complained that the governor's
+statements were obscure, he gave his own views in odd and scarcely
+intelligible terms. Thus, the governor had adverted to the moral
+condition of the convicts "in a manner too little penetrating:" he had
+not made it a point of his duty "to examine the inner world of their
+mental, moral, and spiritual state." Mr. Gladstone charged him with
+neglecting the vices of the stations--an error in judgment so serious as
+to render his removal imperative. These whimsical terms of reprobation
+excited universal astonishment. Practical men felt that the knowledge of
+the thirty thousand prisoners except by their conduct, to be ascertained
+by collating statistics, was rather more difficult than the hopeless
+task of similar investigations in ordinary life. The English press, with
+some truth and bitterness, described such demands as an encouragement of
+hypocrisy and religious pretence. No wise or good man will discredit
+religious teaching, but all such will look with suspicion, if not dread,
+and even disgust, on the statistics of prison piety--generally false and
+designing, in proportion as it is loud and ostentatious. The defects of
+the governor as a legislator were not taken into account. Mr. Gladstone
+indeed attempted to balance with much precision the merits of the
+patriotic six. He admitted that advice and assistance to the Queen might
+sometimes take the form of strenuous opposition to the executive. He
+denied the distinction between the offices of an elective and of a
+nominee legislator--between a council of advice and a representative
+legislature. He doubted whether Wilmot had properly calculated the
+difficulties which would follow the passing of the estimates, or the
+sympathy which the six would receive from the people. He censured mildly
+the accusation of disloyalty, but at the same time he stated the quarrel
+with the six was in no degree the cause of the recall.
+
+In his last address to the council Wilmot alluded to the benign
+influence of time on a slandered reputation. This was soon after
+explained. Mr. Secretary Gladstone had accompanied the recall with a
+private letter which stated that rumors reflecting on the governor's
+moral character had reached the colonial-office, of a nature to hinder
+his future employment. Nothing specific was stated, and no clue to
+enquiry given. Rumors had been long current, and they were spread with
+activity. The _Atlas_, a Sydney journal, compared the governor to the
+tyrant of Capreae, and referred to his private habits with expressions of
+disgust. Remarks of a similar tendency appeared in a London periodical.
+It stated that the conduct of Wilmot excluded the respectable
+inhabitants of Hobart from his society, and made it impossible for
+ladies to enter his house. This was instantly rebutted by Sir John
+Pedder and other official persons, who declared their entire disbelief
+in these charges.
+
+Wilmot conjured Mr. Gladstone to state the time, place, and
+circumstances, the names of his accusers, and the exact nature of their
+imputations. In reply he observed that the persons who mentioned these
+rumors did not profess to support their credit by any statement of
+particulars, but to found them on general notoriety. He added that it
+"was not in his power to convey what he had not received." In the House
+of Commons a fuller explanation was afterwards given, in a discussion
+raised by Mr. Spooner, a Warwickshire member. It was then stated that
+the authors of the report were persons in the service of the crown, both
+in England and in the colony, and its effect, that the accused was
+living in scarcely concealed concubinage with several women. These
+preposterous imputations melted away the moment they were touched. Sir
+Robert Peel, an old neighbor of Wilmot, was highly displeased with the
+interference of Mr. Gladstone, and pronounced the charges unworthy of
+belief. The eldest son of Wilmot appealed to Earl Grey for a formal
+vindication, but he declined expressing an opinion, although earnestly
+pressed; and excused himself by alleging that, independently of this
+charge, there was ample justification of the recall. It would have been
+no great stretch of generosity had a minister admitted that rumors set
+up as a bar to employment were no longer barriers to the confidence of
+the crown. Mr. Chester, a brother of Lady Wilmot, transmitted an
+address[247] presented to Sir Eardley to the Bishop of Tasmania, for his
+remarks. He replied he could not tell to what reports it alluded, and
+could not contradict them; but that rumors of the kind had fallen under
+his observation which he had proved to be groundless: charges had been
+whispered, but none had been substantiated (May, '47).
+
+The reports in disparagement of Wilmot originated in the freedom of his
+address--perfectly innocent in itself, but liable to misconstruction.
+The credit they received depended entirely on the party sympathies of
+the listener, and they grew as they went. No one, however, attached much
+importance to them on the spot. Mr. Gladstone was condemned for
+entertaining them. He seems more worthy of censure for his indefinite
+method of stating their nature and the authority on which they rested.
+The moral character of a governor is of moment to a colony, and a just
+consideration in his appointment; but when assailed it should certainly
+have all the protection of a full and open enquiry.
+
+No governor ever was more unfortunate in his political position. He
+could only tax and restrain. There was nothing in his gift. To the
+substantial difficulties of the people around him he was unable to offer
+more than those general assurances which often exasperate rather than
+console. The state of religious parties increased his disquiet. He had
+to adjust the claims of churches to spiritual authority. In declining to
+erect ecclesiastical courts Wilmot not only gratified many, but he
+followed the direction of his legal advisers.
+
+Sir Eardley Wilmot, like most governors, considered himself the servant
+of the crown, restrained in his discretion by absolute and specific
+instructions. Had Lord Stanley acted with prudence he would have left
+much to Wilmot's judgment; but just before he had dilated with vast
+perspicacity on the tendency of governors to act in behalf of the
+colonists, to forget imperial interests, to misapply the funds and
+pervert the labor belonging to the crown. The precision of his
+injunctions left no alternative but to obey. Had Wilmot at once declared
+the impracticability of Lord Stanley's schemes he might have been
+recalled, but the responsibility of an utter failure would have rested
+with his chief. The interested reports of his subordinate officers
+unfortunately enabled him to hold out hopes of success which were never
+realised and to furnish an excuse for his condemnation. The governor was
+impatient of contradiction. He had been accustomed to debate; but the
+sarcasm which falls harmless on the floor of St. Stephen's Chapel, in a
+colony cuts to the bone. He forgot that the head of a government can
+hardly say too little of men or measures. In a conflict of words, to an
+executive chief victory and defeat are alike pernicious.
+
+The usual order had been given that the governor, during his residence
+in the colony, should enjoy the complimentary distinctions of office. It
+was commonly understood that his stay would be prolonged; but he died
+soon after his retirement (Feb. 3, 1847), in the sixty-fourth year of
+his age. The treatment he had received from the colonial-office, and his
+death far from the honored sepulchre of his fathers and the scenes of
+his early political fame, produced a general sentiment of regret. All
+the houses of business showed marks of mourning. A public funeral,
+attended by the administrator and the newly-arrived governor, was
+thronged by the citizens. It had been officially arranged that, except
+the ministering priest, the clergy of all denominations should walk in
+their several classes, but in one body, and the archdeacon, the
+moderator, and the vicar-general, as representatives of the three
+endowed churches, abreast. The Anglican clergy evaded this plan by
+stepping up before the coffin. When, however, the bearers were in
+motion, the catholic priests, by a rapid evolution, shot a-head of the
+procession. An ornamented Gothic tomb was erected in St. David's
+burial-ground to the memory of Sir Eardley Wilmot by subscription. It
+stands near the highway. His remains were interred close to the tomb of
+Collins.
+
+Sir John Eardley Eardley-Wilmot was descended from the ancient family of
+Eardley of Audely, Staffordshire. He was grandson of Wilmot, lord chief
+justice of the court of common pleas--a judge celebrated for justice and
+piety. Sir E. Wilmot was twice married,--first to Elizabeth, daughter of
+Dr. Parry, of Bath; and afterwards to Elizabeth, daughter of Sir R.
+Chester, of Bush Hall, Staffordshire.
+
+Charles Joseph Latrobe, Esq., Superintendent of the Port Phillip
+District, and subsequently first governor of that territory, now called
+Victoria, superseded Sir E. Wilmot (October 13, 1846). During his short
+stay as "administrator" he was employed in a careful scrutiny of the
+probation department. In performing this difficult duty he displayed
+exemplary activity and decision. He resolved to remove every officer
+chargeable with incapacity or neglect, and thus many were dismissed.
+This promptitude exposed him to imputations of harshness; but although
+it is probable he did not wholly escape errors of judgment, the chief
+acts of his administration were amply vindicated by the facts he saw.
+The opinions he expressed sustained the colonial impressions respecting
+the convict system. While he suggested many improvements in its details,
+he concurred with the general wish for its extinction. Mr. Latrobe never
+met the legislative council; and his government being limited to the
+established routine, left nothing to record.
+
+FOOTNOTES:
+
+[Footnote 246: Motion proposed October 28, 1845.]
+
+[Footnote 247: The following is the address, to which 250 names were
+appended:--"To Sir J. E. E. Wilmot, Bart.--We the undersigned,
+inhabitants of Van Diemen's Land, having heard that your recall has been
+influenced by reports injurious to your moral character, during your
+administration of the government of this colony, deem it to be a duty
+which we owe to truth and justice to express our unqualified
+contradiction of those reports, and we feel the more imperatively called
+upon to do so, from the fact of many of us having differed in opinion
+upon various measures of your government. Upon the occasion of your
+retirement into private life, we have to assure you that you carry with
+you our best wishes for your future welfare."]
+
+
+
+
+HISTORY OF TASMANIA.
+
+
+FROM 1847 TO 1852.
+
+
+
+
+FROM 1847 TO 1852.
+
+
+
+SECTION I.
+
+
+Sir William Thomas Denison, Knight, Captain of the Royal Engineers,
+presented his commission, January 26th, 1847. He had been employed in
+the dock-yards, and in the survey of important public works. His eminent
+abilities in a department connected with the employment of prisoners,
+not less than his respectable connexions, led to his nomination. His
+professional habits had not qualified him equally for civil affairs; but
+the chief object proposed by the minister, Mr. Gladstone, was the better
+disposal of prison labor, and the more effectual control of the
+convicts. Sir William entered on his office with less acclamation than
+usual. The changes had been too rapid and unfortunate to encourage much
+enthusiasm.
+
+Before his embarkation the secretary of state instructed Sir W. Denison
+to arrange the dispute with the late councillors, and the claims of the
+gentlemen who occupied their places after their resignation. He was
+informed that the conduct of both sets of legislators had received the
+royal approbation. It was left to his discretion to select six out of
+the whole number to complete the council. They were summoned to the
+government-house to hear the minister's decision, and were requested to
+decide among themselves who should be honored with a seat. This
+experiment failed. An altercation ensued, and some quitted the
+conference. The "six" adhered to each other, and Sir W. Denison
+ultimately declared the appointments of Wilmot were disallowed, and
+re-appointed the "patriotic six." The gentlemen rejected were advised
+that they held their office until superseded by commands under the
+sign-manual. In this opinion the chief justice concurred; but, pursuing
+the scrutiny, it was found that some nominations of Wilmot had been
+informal, the instrument not stating to whom they succeeded. Their
+claims being quashed by this discovery, the "patriotic six" were again
+appointed in succession to each other,--a transposition required by the
+law. At this stage, however, Mr. Orr, who entered the council some time
+after the rupture, produced his appointment, which, unlike certain
+others, was expressed in the legal form. Thus again all the previous
+proceedings were quashed; and the governor, unable to unravel the
+difficulty, dismissed the council, to await instructions from
+Downing-street, or a warrant for the nominees under the sign-manual of
+the Queen (July, 1847). Thus during 1847 there was no legislature
+sitting, but at length the _Gazette_ announced that the Queen had
+reinstated the original six (1848).
+
+It has been seen that under the government of Sir E. Wilmot an act was
+passed to restrict the increase of dogs, and another levying 15 per
+cent. duties. The owners of dogs were required to take out a license,
+and the proceeds of the tax were carried to the general revenue. Some of
+the settlers never complied with this ordinance, and others paid under
+protest. According to the opinion of several lawyers the council by this
+enactment had exceeded its powers. The act of parliament by which the
+council was constituted contained a provision to the effect that a tax
+should be levied only for local purposes, "to be distinctly and
+particularly stated in the body of the bill." It was contended that the
+restriction was violated, since the Dog Act contained no specific
+appropriation, and the amount was carried to the general revenue. The
+government, willing to avoid the trial of this point, did not hasten to
+enforce the penalty. It was understood that Judge Montagu had not
+obtained a license for dogs on his premises, and Mr. Morgan, then editor
+of the _Britannia_, announced to the government that he was an owner of
+dogs, that he had paid no license fee, and intended to pay none. The
+chief constable was directed to recover the penalties. Mr. Morgan being
+fined, appealed to the quarter sessions, and then to the supreme court.
+The judges, having heard the arguments of counsel, declared that the Dog
+Act imposed a tax and exceeded the powers of the council. They therefore
+annulled the decision of the inferior courts (Nov. 22, 1847).
+
+The views which dictated this judgment affected a more important
+act--the Differential Duties. Several merchants paid these charges under
+protest, and entered their suit for recovery. A revenue of L20,000 per
+annum was thus in peril. It was stated by the governor and crown
+lawyers that the judges themselves had passed the lawful limits of their
+jurisdiction, unsettled the whole body of colonial law, encouraged
+opposition to the government, and exposed its agents to vexatious
+prosecutions. The governor was determined to resist their judgment. The
+warrants for the members of the council had not arrived. Thus recourse
+to the legislature was impracticable, and the most obvious remedy was
+the removal of the judges, and the substitution of others, whose
+opinions were known to agree with the executive. The judges were
+charged, therefore, with a neglect of duty in omitting, as authorised by
+the law, to certify illegality in the Act prior to its enrolment; and by
+permitting the question of an act of council, they were said to override
+the legislature.[248]
+
+Pending this dispute, a creditor of Mr. Justice Montagu sued him for
+L200. The privilege of his office presented a legal obstacle to the
+suit. This being decided by the chief justice, the creditor applied to
+the governor for relief. Mr. Montagu alleged an understanding, which in
+equity released him from immediate liability. The governor charged him
+with perverting the protection of his office, to defeat his creditors,
+and amoved him. Mr. Horne, the attorney-general, who framed the acts
+repudiated by the judges, was appointed to succeed Judge Montagu, and it
+became a question whether his opinion would send the merchants out of
+court. The registrar of the supreme court was called before the
+executive council, and questioned on the point. He stated that in the
+event of a division of opinion on the bench a verdict for the plaintiff
+would stand. To the suspension of the chief justice the executive
+council were opposed, and Sir Wm. Denison therefore requested the judge
+to relieve the government by asking leave of absence. To this he replied
+in terms suited to the respectability of his character. "Were I," said
+his honor, "to accept your excellency's proposal, I should, it appears
+to me, be for ever after degraded, and, _ipso facto_, render myself
+unworthy of holding the lowest office or employment which it is in her
+Majesty's power to bestow on a subject."[249] At this stage of the
+proceedings the warrant constituting the legislative councillors reached
+the governor, and the opinion of the chief justice was of less moment to
+the executive.
+
+It now remained for the governor to annul either the laws opposed to the
+provisions of the parliamentary act, which declared the taxing clauses
+illegal, or to subvert those restrictions by declaring them inoperative.
+He chose this last course. The Doubts Bill declared that an ordinance
+once enrolled, whatever its provisions, or however repugnant to common
+law or parliamentary acts, should be held binding on the court; and
+although its rejection was proposed by the chief justice and five other
+members, it passed the legislative council.
+
+That the "Doubts Bill," so called, was inconsistent with the limitations
+of the council, has been virtually determined by a retrospective clause
+in the recent constitutional act, which cures the defect of these taxing
+clauses, and takes the question of legality from the future judgment of
+the court. By the act of 9 Geo. IV., sec. 83, the governor possessed
+powers sufficiently ample to pass, without notice or delay, any measure,
+and to adhere to its provisions in a pressing emergency; but the
+prohibition of taxes, for all but strictly local purposes, was
+peremptory and explicit.
+
+An instance of rapid legislation contemplated by the act, occurred
+(1843) when Dr. Turnbull held the office of sheriff. More cautious than
+his predecessor, he closely examined his commission, and discovered that
+the seal of the colony had been attached, and not that of the governor,
+as required by the charter of justice. This error had been made in
+successive commissions for many years. Every execution--criminal or
+civil--had been therefore illegal. At one sitting of the council the act
+of indemnity was passed, and all proceedings affected by the mistake
+were declared valid. The propriety of this promptitude was indisputable.
+
+The chief justice left the representation of his conduct to the
+governor. His treatment was the subject of keen censure in the commons;
+and by an unpublished despatch--the nature, not the terms of which
+transpired--Sir Wm. Denison was informed, and through him, the chief
+justice, that his conduct to this judge was decidedly reprehended by the
+crown. Mr. Horne's appointment and the amoval of Mr. Montagu were
+confirmed. Mr. Justice Montagu was an acute, eloquent, and impartial
+judge, but passionate and eccentric. His imprudence exposed him to a
+proceeding which, in the circumstances, it is difficult to approve, and,
+on general principles, not easy to condemn. The chief justice stood
+still higher in public estimation. For nearly thirty years he occupied a
+station of awful responsibility with a reputation unsullied, in a court
+where every variety of legal knowledge has been in demand and a vast
+amount of toil endured. Among the blessings which the British
+constitution bestows foremost of all is the freedom of the
+judgment-seat; and few political faults are less capable of palliation
+than a deliberate attempt to subject a judge to the influence of the
+executive.
+
+A minute addressed to the legislative council charged the merchants with
+forgetting the duty they owed to society, when they offered resistance
+to the tax. They, however, maintained that every illegal demand is
+spoliation, and claimed a right to protect themselves and the public
+from its operation. Fifteen hundred persons signed a petition
+deprecating the interference of the executive with the supreme court.
+They asserted their conviction that the removal of Judge Montagu was
+occasioned by his decision on the Dog Act, and the desire to replace him
+by a more pliant judge. These various remonstrances had no effect on the
+ministers, and the entire course of the governor was approved, except
+the attempted coercion of the chief justice. The position of the
+government was one of considerable embarrassment. It was the
+unquestionable right of those affected to oppose the execution of
+illegal ordinances; but no blame would have rested with the governor had
+he amended them without removing the land-marks of the colonial
+constitution.
+
+A minute acquaintance with colonial history would justify the belief
+that appeal to Downing-street against the conduct of governors is
+utterly futile. When the dispute is between persons high in office the
+established policy does not predicate the result; but when a mere
+colonist complains he will find no precedent in Australian experience to
+cheer him in his task. Gross instances of oppression have not
+infrequently occurred; but in the Australian journals of half a century
+no example is recorded of a governor's recall on such grounds, or of
+such a censure on his conduct as might influence the habits of colonial
+rulers. An opposite course would be inconvenient--perhaps dangerous. As
+a choice of evils, it is better that the colonists should despair of
+redress than to encourage the discontented to harrass the representative
+of the crown. A result so invariable, however, proves that a
+colonial-office cannot protect the Australian people. This futility of
+appeal is more striking when the local authorities are protected by a
+laborious despatch writer. The subtle arrangement of facts and
+inferences suggests without appearing to dictate the judgment of the
+office. These papers first fall into the hands of subordinate officials,
+who feel a natural antipathy to colonists, whose established character
+is turbulent, rapacious, and democratic. In the multiplicity of
+business, comprehending the affairs of forty colonies, the responsible
+minister can know little of details, and that little he must rapidly
+forget. Thus, when a question is proposed, he asks time to refresh his
+memory. A pungent passage or epithet, wholly irrelevant to the real
+merits of the dispute, is drawn from these documents. It was thus when
+the quarrel between the executive and judges was debated in the house.
+The minister, having read in a despatch that the decision of the judge
+would disorganise the body of law, represented the colony as a scene of
+turbulence, when not a single step had been taken but the courts of
+Westminster would have approved. But the house was equally ill informed.
+It readily acquiesced: the conversation dropped, and the despatch
+triumphed. No governors have stood so high in the colonial-office as
+despatch writers; whether that ability in epistolary correspondence
+implies general superiority, or that they beguile the minister of his
+judgment by the subtlety or wisdom of their political disquisitions.
+
+The petitions for representative government, repeated for more than
+twenty years, and which strongly interested the sympathy of all classes,
+were renewed with increasing hope of success from 1846 to 1850. The
+ministers, though admitting the abstract value of the privilege,
+hesitated while the great preponderance of convicts seemed to require an
+absolute authority. This feeling was not overcome until the accession of
+Lord Grey, who saw no danger in conceding to the free population the
+common rights of Englishmen. A variety of plans were submitted at
+different times to the parliament and ministry, to secure colonial
+representation. Mr. Joseph Hume suggested (1832) the admission of a
+certain number of representatives chosen in the colonies to seats in the
+House of Commons; in all nineteen, one being for Australia,--a measure
+once suggested for the old American colonies; but the distance in both
+cases, and expenses of transit, would not easily have admitted effective
+representation or perfect responsibility. Sir John Franklin suggested
+(1839) a legislature, to consist of twenty-one members, one third
+nominated by the crown, and the remainder elected by persons holding the
+qualification of common jurors. He gave a generous testimony to the
+intelligence and probity of the settlers, and alleged that they would
+bear comparison with corresponding classes within any dominions of the
+crown.[250]
+
+In 1843 the legislature of New South Wales was constituted. Originally a
+nominee council, the popular element was infused by two thirds being
+elective members. A civil list was reserved, and the disposal of
+territorial revenues withheld; but the partial liberty enjoyed was used
+with discretion and effect. The bill enjoined the establishment of
+district councils, authorised to superintend internal affairs, and to
+fulfil many of the functions of municipal bodies. They were, however,
+never called into action. The scattered inhabitants found it difficult
+to assemble, and more so to reconcile their neighbors to local taxation.
+The machinery of the councils was set in motion only to defeat their
+design. Thus the legislative body retained in its hands the whole power
+which it had been intended to balance and check by the petty councils.
+Port Phillip, however, then a part of New South Wales, but more distant
+from the metropolis than England from Rome, was represented in a council
+sitting at Sydney. The loss of time required disinclined most gentlemen
+to undertake the representation, and those chosen were chiefly resident
+in New South Wales proper. Their numbers were too small for effectual
+action, and their sympathies were divided between their constituents and
+their neighbors. The revenues raised at Victoria were expended to some
+extent in the elder city, and the superintendent of Port Phillip had
+little influence and less power in the government. The popular
+dissatisfaction, which led to some unavailing petitions to the crown,
+took a curious form. Thus, in 1848, the electors met at the hustings and
+discountenanced the appearance of a candidate, and after waiting an
+hour, the returning officer announced that no member had been returned.
+On meeting for the election of a member for the city Earl Grey was
+chosen. The governor and superintendent considered this proceeding a
+disgraceful farce. The law officers could not question its legality, and
+the secretary of state was for two years member for Melbourne, without,
+however, taking his seat. Mr. Westgarth, a merchant of tried
+intelligence and public spirit, was chosen afterwards, and was presented
+to the house "in the room of the Right Hon. Henry Grey, Earl Grey."
+
+Sir Wm. Denison was instructed to report on the subject of an elective
+legislature for Van Diemen's Land. He furnished Lord Grey with various
+opinions and suggestions. He had recommended a frame-work, the
+counterpart of the New South Wales assembly, only, however, that he
+deemed it undesirable for colonies so contiguous to differ in their
+institutions. The experience of the Tasmanian legislative council had,
+he asserted, assisted him in forming an opinion on the character of the
+people. "When we see," said Sir William, "the low estimate which is
+placed upon every thing which can distinguish a man from his fellows,
+with the sole exception of wealth; when we see that even wealth does not
+lead to distinction, or open the road to any other ambition save that
+of excelling in habits of self-indulgence,--it can be hardly a subject
+of surprise that so few rise above the general level, or that those few
+owe more to the possession of a certain oratorical facility than to
+their powers of mind or the justness of the opinions they advocate."
+"There is an essentially democratic spirit, which actuates a large mass
+of the community; and it is with a view to check the development of this
+spirit that I would suggest the formation of an upper chamber." Sir
+William Denison suggested that bishops might be members of an upper
+house, and certain _ex officio_ representatives of government; the rest,
+whether nominated by the crown or elected by the people, to hold their
+seats for life.[251]
+
+By a despatch to Sir Charles Fitz Roy, Earl Grey expounded a new
+constitutional system for the colonies. It was zealously opposed in New
+South Wales. The people complained that the change in the constitution
+without their consent was an infringement of their vested rights, and
+disrespectful to their legislature. They objected strongly to a plan
+which made the district councils the electors of the assembly. They
+repudiated the statement that their legislature had absorbed all the
+powers of "the colonial state," and the checks and balance contemplated
+by the original constitutional act. These views were sustained by the
+legislature itself. The idea of two chambers was approved by the
+majority, but most elected members were against it.
+
+The plans of Earl Grey and the correspondence and petitions they
+produced were referred to the committee of the Privy Council, and the
+report adopted recognised all the great principles of British government
+except the full control of the expenditure (1849). This able paper
+recommended legislative councils for all colonies capable of supporting
+a civil list, one third nominees, and the remainder chosen by the
+people. The division of the legislature into separate chambers it
+resigned to the judgment of the colonies. It suggested a federal
+assembly for the general interest of the Australias, having its action
+closely defined. The "House of Delegates," to consist of not less than
+twenty nor more than thirty, were distributed--to each colony two, and
+one additional for every fifteen-thousand souls. This plan of government
+was differently regarded in different colonies. The elder condemned its
+restrictions: the younger rejoiced in the prospect of new franchises,
+and trusted to time to enlarge their liberties. The general opinion of
+intelligent men was favorable to the division of the legislature, but
+the colonies were not capable of supplying the elements of nobility.
+Some aspiring persons desired a little house of peers, others the
+appointment of senators by the crown, and for life: a greater number
+were convinced that the legislature should be elective throughout. The
+social equality of settlers who landed together could not be forgotten
+in the diversities of their colonial fortune. The first collision of
+opinion would bring the machinery of double chambers to a dead lock, and
+no interposing power could adjust the dislocated frame-work. A stoppage
+of supplies would follow the first impulses of resentment. In English
+representation it is the last remedy, but then it betokens the dismissal
+of a minister or the downfall of a dynasty.
+
+The colonial press generally approved the ministerial bill, not as a
+measure approaching perfection, but for some favorite object it was
+calculated to hasten. It was hailed at Port Phillip because it secured
+separation from Sydney; at South Australia, as certain to terminate the
+ecclesiastical endowments; and in Van Diemen's Land it was welcomed,
+with all its faults, as the engine sure to destroy transportation. Thus
+the Colonial Reform Society, which attempted to defeat the government
+measure, found little sympathy beyond New South Wales, where the change
+gave nothing. The ministers interpreted the satisfaction of the colonies
+as a testimony to their skill, not detestation of their government. The
+real cause of colonial delight was the severance of their chains, and
+the certainty that when broken all the power of Europe could never renew
+them.
+
+The bill suffered some mutilations in its passage to the throne. The
+federal clauses were expunged. The local governors were opposed to the
+establishment of an assembly of delegates, which would have overruled
+their individual policy. They were fearful of compromising their
+revenues by permitting to New South Wales the preponderance of members.
+These objections, not indeed without weight, and, still more, the
+jealousy of the conservatives of an organisation which seemed but a
+prelude to independence, despoiled the measure of a provision which,
+however modified, must be ultimately restored. A reduction of the
+franchise of the bill from L20 to L10, nearly equal to household
+suffrage, was, however, the most considerable change. It was suggested
+by Mr. R. Lowe, to bear down an opulent emancipist interest in New South
+Wales. It was expected to give irresistible power to that class in Van
+Diemen's Land. The bill was carried through the lords by a trifling
+majority in a thin house. The fate of a young empire but slightly moved
+the British peerage. It received the royal assent, August 5th, 1850.
+
+When the bill arrived the joy of Port Phillip was unbounded. Several
+days were devoted to processions and feasting. Numberless devices were
+exhibited, displaying the political bias of the people. Many thousand
+pounds were spent in the festivities. A similar though less magnificent
+display was made in Van Diemen's Land. All ranks were inclined to forget
+their differences, and public dinners, at which many hundreds were
+guests, celebrated the constitutional victory.
+
+Lord John Russell, on the second reading of the bill, explained his
+opinions, which, whether or not consistent with the ministerial measure,
+were worthy his station and political renown. "I anticipate with
+others," he said, "that some of our colonies may so grow in wealth and
+population that they may feel themselves strong enough to maintain their
+own independence in amity and alliance with Great Britain. I do not
+think that that time is yet approaching. But let us make them, as fast
+as possible, fit to govern themselves. Let us give them, as far as we
+can, the capacity of ruling their own affairs. Let them increase in
+wealth and population; and, whatever may happen, we of this great empire
+will have the consolation of saying that we have increased the happiness
+of the world." Such sentiments tend to extinguish the desire to quit a
+political connection rendered honorable by terms so nobly expressed by
+the first minister of the crown, and which, if fairly carried out, will
+make the colonies cling with fondness to a nation so magnanimous as to
+greet them with applause.
+
+In 1846-7 important additions were made to the educational means of the
+colony. An episcopal institution, called Christ's College, was formed at
+Bishopsbourne. Scholarships were founded by the medical, military, and
+clerical professions, and divinity fellowships endowed (1846). Lord
+Stanley recommended the establishment of a proprietary high school, open
+on equal terms to all denominations, and promised the patronage of the
+crown. The site reserved for this purpose at Hobart Town was granted by
+Sir W. Denison to the episcopalians, for the Hutchins' school. This
+alienation was deemed unjust. Instead, however, of wasting time in
+unavailing complaints, the friends of education were convened by Mr. H.
+Hopkins, an opulent merchant, when a prospectus was submitted by the
+Rev. Dr. Lillie and J. West. A thousand pounds were subscribed in the
+room, and in five weeks L5000 (1847). The first conspicuous object seen
+by the stranger on entering the river is the High School of
+Hobarton,--an edifice erected amidst enchanting scenery, on a site
+granted by the crown, and possessing architectural attractions which
+have yet to be equalled in this hemisphere. The institution is managed
+by a council of nine, chosen by the shareholders. The Rector, nominated
+by the London University, was the Rev. J. B. Froude, author of the
+"Nemesis of Faith,"--a publication which led to his instant resignation.
+James Eccleston, Esq., appointed in his stead, survived the opening of
+the school only one month. A thousand pounds were subscribed for his
+widow.
+
+Thus the activity of private zeal effected the objects contemplated by
+legislative interference. The growth of population will give ample scope
+for these various institutions, and extinguish all but a wholesome
+rivalry.
+
+FOOTNOTES:
+
+[Footnote 248: The council derived their powers from the Act 9 of George
+IV., c. 83. They were permitted to enact ordinances "for the good
+government of the colony," but they were forbidden to impose taxes,
+except for local purposes; and they were ordered to state "distinctly
+and particularly in the body" of every law the purposes to which the tax
+should be applied; and thus to prevent the evasion of the prohibitory
+clause intended to protect the subject. It was not worth while to
+enquire whether the view of the judges of the legality of the act in the
+case of Symons _v._ Morgan was in harmony with the parliamentary act,
+because the question merged in one of much greater importance--Whether
+they could take that act into consideration at all? It was of far more
+consequence to know whether the colony had a remedy against the
+usurpation of the legislative council, than to decide whether Messrs.
+Horne and Fleming were better lawyers than Sir John Pedder and Mr.
+Justice Montagu. "The powers of a subordinate legislature," says a
+distinguished writer, "are expressly or tacitly delegated by the supreme
+government. In order, therefore, to determine whether an act of the
+legislature has a binding force, it is necessary to look at the extent
+of the delegation. If the act be not within the scope of the delegation,
+it is without binding force, and can be annulled before a competent
+tribunal" (Lewis on Dependencies). Sir Wm. Denison stated that the
+silence of the Judges for fourteen days after the act was
+passed,--whatever might have been the cause of that silence--ignorance,
+indolence, sickness, or corruption,--rendered the most unlawful stretch
+of power on the part of the council, including the total subversion of
+all the limitary clauses, binding upon the colony, and if sanctioned by
+the Queen, through the same ministerial inadvertence or corruption,
+binding for ever. Judging of the intentions of parliament by the general
+character of colonial legislation and by the cautious wording of this
+act, it could scarcely be imagined that they suspended the public safety
+on such a thread. That Englishmen should be deprived of their rights,
+without the possibility of appeal, by the inadvertence of a judge--not
+sitting in a court of justice, but in his own chamber--would be to
+legislate by accident. Sir Wm. Denison relied on the despatch of Sir
+George Murray (1828), which accompanied the Act 9 Geo. IV., known as the
+"Huskisson Act." The former practice was to require the governor to
+submit to the judge the draft of a bill before it was laid upon the
+table of the council chamber, no principle of colonial law being more
+"firmly established than that a colonial legislature cannot enact
+statutes repugnant to the law of England." The judge (he said) "might
+have found himself often required in open court to deny the validity of
+a colonial ordinance, on the ground of repugnancy." By the Act in
+question "provision was made for fully learning the views of the judges
+upon the law, and for preventing their refusing to execute any law that
+may be passed after a full consideration of their objections." Thus it
+was intended to "combine, as far as possible, the advantage of a strict
+observance of a general rule, and a harmony between the judges and the
+legislature." It was therefore clear that the power given to the judges
+to stop the enforcement of any illegal ordinance continued until their
+objections--whenever and wherever they might arise--had been "fully
+considered."--_Hobart Town Courier._]
+
+[Footnote 249: Parl. papers, July. 1848.]
+
+[Footnote 250: Despatch, August, 1838.]
+
+[Footnote 251: Despatch to Earl Grey, 1848.]
+
+
+
+
+SECTION II.
+
+
+It now remains to record the most important colonial agitation of modern
+times. The opposition of Van Diemen's Land to a system reprobated by
+mankind--too long despised--awakened everywhere resistance to
+transportation; and, assisted by the discovery of gold fields of vast
+extent and opulence, will change the penal policy of the British empire.
+
+In the progress of the struggle all classes ranged on the same side.
+Parents thought of their children--patriots of their country. Every
+legislature of this hemisphere has expressed the popular will and
+demanded abolition, and the final triumph only awaits the fiat of the
+crown. The steps of the colonists have been cautious and deliberate,
+their perseverence and energy indomitable! Their success has been
+chequered by frequent disappointment, but never was a battle more nobly
+fought--never was there a cause more worthy of triumph.
+
+Mr. McLachlan, long a resident in Van Diemen's Land, judged the plans of
+Lord Stanley by the test of experience, and warned the minister of their
+too certain results. Other colonists in England corroborated his views
+and enforced his representation. Mr. Smith, a colonist of long standing,
+obtained an audience at Downing-street. He described the social dangers
+which environed the settlers. "I confess," said the noble lord, "that
+you are in an awful position."
+
+The representation forwarded by Mr. Pitcairn and his coadjutors was
+intrusted to Mr. M'Lachlan's care. The press of England took the side of
+the oppressed, and the inexorable office was obliged to listen, to
+argue, and retract.
+
+There was, however, one result of his scheme which moved the
+susceptibilities of Lord Stanley himself. He shrank from the
+"intolerable evils of a breach of faith" with the exiles of Great
+Britain. They had been encouraged to expect high wages and ready
+employment. Such was the fair reward offered. Far other was their actual
+lot. "Thousands of prisoners," said an official representation, "are
+going about idle, polluting the atmosphere in which they move. Is it to
+be wondered at that the Pentonville men should fall?"[252] The extreme
+social degradation and demoralising contamination to which they were
+exposed in Van Diemen's Land, and the disheartening difficulties they
+had to contend with, were utterly incompatible with the spirit of Lord
+Stanley's despatch.[253] This "breach of the public faith" was promptly
+repaired by a new series of projects.
+
+Sir Charles Fitz Roy and Sir E. Wilmot, assisted by Mr. Latrobe, were
+instructed to select a site whither to send exiles, there to remain
+while awaiting hire or voluntary emigration: conditional pardons which
+gave liberty in Van Diemen's Land, were made available in all the
+colonies.
+
+The formation of a new settlement was the grand expedient. Vessels
+bringing convicts to Van Diemen's Land were to convey ticket holders to
+North Australia. Happily for the world this project was defeated. A
+squatter hired exiles in England, with the sanction of the minister. A
+demand for labor sprung up. Sir George Gipps informed the secretary of
+state that from Moreton Bay to Melbourne exiles would be welcome. This
+Mr. Latrobe confirmed (1845). The settlers associated to bring expirees
+from Van Diemen's Land. Many shiploads were deported at L1 per head.
+Thus the difficulty appeared at an end. The _Maitland_, engaged for
+North Australia, was diverted to Port Phillip. The men were promptly
+employed. The considerable flockmasters were desirous of a regular
+supply, while the colonists in general were far less cordial. Opposition
+was, however, languid; and the occasional apathy of the public and the
+indecision of the press were construed as assent.
+
+While the home and colonial governments were constructing and dissolving
+systems, the idea of abolition was started by the press. "The settlers,"
+said the _Examiner_, "may not be prepared for this. Our own impression
+is that they are not; but it is our firm opinion that at no distant day
+the unanimous voice of the community will say, in a tone not to be
+disregarded, cease transportation for ever." (March, 1844.) Events a few
+months after still more forcibly pointed to this issue.
+
+Mr. M'Lachlan, in a letter to Mr. Gladstone, put the case of Van
+Diemen's Land in a striking aspect. "Shall the fairest isle in the south
+be converted into one huge gaol? shall the free inhabitants be made the
+passive instruments of punishing these criminals? Is this the only
+capacity in which the British government will recognise the free
+colonists? The petitioners have laid their case before the legislature.
+They trust they have not appealed in vain--that they will not be driven
+from a land where the best days of many of them have been spent"
+(February, 1846).
+
+The petition prepared by Mr. Pitcairn was presented in the lords by the
+Marquis of Lansdowne (March, 1846). In remarking on its contents, Lord
+Stanley begged their lordships to believe that the question involved
+interests more important than a single colony! He stated that Van
+Diemen's Land could not be swamped by an annual influx of four thousand.
+If, he said, the thirty thousand persons released from the prisons of
+France were so intolerable, what must be the condition of England with
+sixty thousand expirees then settled in the colonies? Van Diemen's Land
+was always a penal colony, and he saw no reason that it should be
+otherwise. Earl Grey warmly censured this policy, and complained "that
+no hope of relief from the frightful evils of transportation had been
+afforded." He stated that he was "prepared to express an opinion that
+transportation should be got rid of. He had long entertained that
+opinion, and had never seen the arguments of the Archbishop of Dublin
+refuted." A duplicate of this petition, presented to the Commons, was
+followed by the motion of Mr. Ewart, "That it is inexpedient to make Van
+Diemen's Land the sole receptacle of convicts, and that transportation
+be abolished, except as a supplement to penal discipline" (May, 1846).
+The day chosen was inauspicious. The "house" was gone to the Epsom
+races. Mr. Hudson, the railway king, not better employed, stumbled into
+the chapel of St. Stephen, and counted out the members. Mr. Ewart
+renewed his motion (July 6). A few days before Earl Grey and Mr. Hawes
+had obtained the command of the colonies, they admitted the facts of the
+petition, and promised redress. The liberal principles avowed by the new
+government reassured the friends of Van Diemen's Land. Mr. Gladstone had
+determined to arrest the influx of convicts for two years: this was
+approved by his successor. In quashing the North Australian colony, Earl
+Grey stated his dissent from the principles on which it had been founded
+(September 30, 1846). The whigs ever expressed a decided abhorrence of
+penal colonisation and the collection of masses cradled in the
+traditions of crime. When taunted with this accumulation in Van Diemen's
+Land as the result of his policy of 1840, Lord John Russell
+explained:--"As to the sending of convicts to Van Diemen's Land, he had
+intended to adopt the policy recommended in the work of the Archbishop
+of Dublin. Had his plan been carried out, instead of 4,000 convicts sent
+to Van Diemen's Land there would not have been more than five or six
+hundred."
+
+When Earl Grey instructed Sir William Denison in reference to certain
+reforms, he intimated his expectation that transportation would
+terminate. Soon after Sir William Denison addressed to the magistrates
+of the territory a series of enquiries (March, 1847), of which the first
+was awfully momentous. "Do you consider it desirable that transportation
+of convicts to this country should cease altogether?" The character of
+the enquiry was described in a letter signed by the private secretary.
+The governor preferred communicating with these gentlemen, and by them
+with their neighbours, rather than with popular assemblies. It was not,
+however, to be expected that a subject of direct and universal concern
+would be resigned to the discussion of a single class; nor did persons
+holding magisterial distinctions, on that account command the confidence
+of the people. This was felt by the magistrates themselves. A
+preliminary meeting was convened at Hobart Town to discuss the subject
+of the circular. A difference of opinion was apparent, and an angry
+altercation ensued. Mr. Carter, a storekeeper, defended transportation
+as necessary to trade. Mr. Gregson advised his auditors to cast the
+question of crocks and slops to the wind, and to secure at once the
+final liberation of the colony. A public meeting was held at Hobart
+Town. Ineffectual attempts to postpone the question by the advocates of
+transportation were offered, and the speakers on the popular side were
+loudly cheered. The party defeated signed a memorial representing that
+they were not heard at the meeting, and repudiating its decision. Sir
+William Denison promised to place it in the hands of Earl Grey "as a
+record to be employed in the support of the facts it contained."
+
+This second petition, adopted by the colony (6th May, 1847), was also
+drawn up by Mr. Pitcairn. The editors of the London _Morning Chronicle_
+remarked "That they never read a public document more calculated to
+command both the convictions and sympathies of those whom it addresses.
+Future ages would contemplate with amazement the fact that wrongs so
+cruel in their nature, and so enormous in their amount, have been
+inflicted in civilized times." It recapitulated the grievances of the
+colony with energy and clearness. It complained that promises of relief
+had proved fallacious--that the worst evils of transportation were
+continued; that there were then four thousand prisoners more in the
+colony than were ever at one time in New South Wales, and that 12,000
+free persons had quitted the country since 1841. The petition asked for
+representative government, the abolition of transportation, and the
+importation of 12,000 free immigrants at the expense of Great Britain;
+and it recommended the removal of the men to the colony of North
+Australia, or wherever they might be required. Meetings were held by
+different classes in several districts of the colony. In the most
+populous the feeling decidedly favored abolition. Not the least
+important of the series were held in Launceston. Six magistrates of the
+north determined to advise with the colonists at large. The persons who
+assembled at their call were undecided; the friends of abolition desired
+delay; its determined opponents deprecated public discussion; but to the
+majority deliberation seemed necessary, and on the motion of Mr. Dry a
+committee was constituted who were requested to collect evidence, to
+make a report, and draft a reply to the circular of the governor.[254]
+The tradesmen of that public spirited community first expressed their
+sentiments. A few transportationists induced a respectable shopkeeper to
+propose thirty-nine reasons for the continuance of transportation, but
+the warmth of his elocution and the frequent repetition of "because" in
+an Aberdeen accent, dissolved his party in laughter. The good humoured
+logician acquiesced in the voice of the assembly and abandoned the cause
+of transportation for ever. The meeting convened of the northern
+colonists assembled on the 10th of May. The committee appointed on the
+3d of April having prepared a report, and founded on its conclusions a
+reply to the circular, it was signed by the chairman, James Cox, Esq.,
+of Clarendon.[255] Many who were formerly advocates for transportation
+as it once existed, saw its dangers when they became anxious for the
+moral and social welfare of their sons. They were formerly but
+flockmasters, but they had become the founders of a state. They learned
+from the discussions of the ministers that what they had thought a
+service rendered to the crown was deemed disgraceful and degrading.
+Opulent settlers who visited Europe found it convenient to conceal their
+home, and some less prudent were repelled with unconquerable
+distrust.[256] In a small community the public reputation is of personal
+importance, and it was alleged that to neglect the offer of social
+freedom would be infamy unexampled. To this feeling the abolitionists
+appealed. "Parents of Van Diemen's Land," said the author of a pamphlet
+called _Common Sense_, "can you hesitate? Let the timid and sordid
+doubt,--let them reckon the farthing they may lose! Let your hearts
+dictate your answer to the circular. Let it be worthy Britons,
+Christians, and Parents. Shew that you prize your rights, and that you
+love your children. That land which they tell you will become a desert
+when the clank of chains, the cries of torture, the noise of riot, and
+the groans of despair shall be heard no longer, will _not_ become a
+desert; 'it will blossom abundantly, and rejoice with joy and singing,'
+when your sons and daughters shall go forth, the free among the free.
+Consult your own understandings, that you may obey the dictates of your
+hearts. The Sovereign has invited you to express your desire. Let it not
+be one that will cause the eyes of mankind to look upon you with
+abhorrence, and turn away with contempt. Make not your name a scorn and
+a hissing! Perform your duty, AND SAVE YOUR ADOPTED COUNTRY!"
+
+FOOTNOTES:
+
+[Footnote 252: Mr. Boyd, August 29, 1845.]
+
+[Footnote 253: Dr. Hampton to the Commissioner of P. P., Aug. '45.]
+
+[Footnote 254: The committee was constituted by the following
+gentlemen:--Wm. Archer, J.P., W. H. Browne, L.L.D., James Cox, J.P., R.
+Dry. M.L.C., F. M. Innes, Esq., J. G. Jennings, J.P., W. R. Pugh, M.D.,
+J.P., H. Reed, J.P., J. Thompson, Esq., and J. A. Youl, J. P.]
+
+[Footnote 255: This document, some extracts of which express the
+prevailing opinion, was read by Mr. Dry:--
+
+"The circular addressed by his Excellency to the magistrates of this
+territory, has been made the subject of careful deliberation.
+
+To his Excellency's first question--'Do you consider it desirable that
+the transportation of convicts to this colony should cease altogether?'
+we reply that it is our opinion transportation 'to this country should
+cease altogether.'
+
+In connexion with this question we recognise the truth and importance of
+his Excellency's caution, that no 'material advantage' ought to 'balance
+against any amount of moral evil, however small;' we have therefore
+directed our attention to this point as preliminary to a decision on
+others less vital.
+
+In examining the moral bearings of transportation, we have enquired--
+
+1. Are there any moral evils occasioned by the transportation of
+convicts to the colony?
+
+2. If so, are the moral evils now connected with transportation inherent
+and inseparable?
+
+3. Can it be presumed that other, and greater moral evils will accrue to
+the colony from the stoppage of transportation?
+
+It appears that the convicts in this colony out-number the children, and
+amount to nearly double the adult free population; that since the year
+1840, 25,228 prisoners have been transported to Van Diemen's Land and
+its dependencies; that one fifth only of these are females; that the
+greater proportion of domestic servants as well as laborers are
+convicts; that they are in constant contact with every class of colonial
+society; and that though not universally, they are generally persons of
+bad principles and vicious habits.
+
+The numerical preponderance of prisoners has lowered the general tone of
+society, encouraged fraud, obstructed the administration of justice, and
+so far multiplied crime as to discourage its prosecution;
+notwithstanding 521 persons were _tried_ before the Supreme Court and
+Quarter Sessions, last year.
+
+The second enquiry is,--are the evils in connection with transportation
+inherent and inseparable?
+
+Looking at the present condition of this island, it may be justly
+concluded that they are.
+
+Reason and experience justify the conclusion that the aggregation of
+prisoners whether in close bondage or in society, must confirm them in
+evil. The effect of transportation is to force the free working classes
+from the island, and to supply their place with prisoners. It appears,
+therefore, demonstrable that as far as they are the instruments of
+demoralization, it is inevitable, from their numerical preponderance.
+Their condition affords no prospect of extensive reformation, and
+whatever evils they may be supposed to create, are essential
+consequences of transportation.
+
+3. 'Whether greater evils may not arise from the shock to society, which
+the sudden cessation of a supply of labour may cause?'
+
+It is not perceived in what manner the want of labour can be productive
+of greater _moral_ evils than now exist. An increase of wages must be so
+far beneficial to the employed, and increase their means of comfort. It
+is not supposed that a deficiency of labour will increase the
+_immorality of the upper classes_; and no connexion can be discovered
+between cessation and an increase of evil in any form whatever. On the
+contrary, transportation, by raising the proportion of the aged, the
+feeble, and the incapable, would seem to lead to the apprehension that
+greater immorality may result as the growing effect of want and
+distress. Even were it true, that the more wealthy classes are safe from
+contamination could a moral cordon be drawn--even could they be held
+safe from the effects of unrestricted communication with men of the same
+language, color, and nation--still there appears no propriety in leaving
+the working classes generally out of account. Many were induced to
+settle in this country by representations for which the government is
+morally responsible. As subjects of the Queen, they are entitled to be
+guarded against any measures which may destroy their social position and
+domestic security; it would be difficult to justify the sacrifice of
+their welfare for the sake of a class--numerically much smaller--however
+rich.
+
+And, in looking at the circumstances of this colony, no causes have been
+discovered for inferring its decline, _excepting only such as are the
+effects of transportation_."
+
+The reply to the first query, "that transportation ought to cease at
+once and for ever," elicited applause that lasted some minutes.]
+
+[Footnote 256: In our native land we are looked upon with feelings of
+horror. An old and respected colonist, and a most intimate friend of his
+own, had gone home, and had lately returned. He had told him some
+stories, and he would vouch for the truth of them. When he arrived at
+home he took his family to an hotel. He had not been there long before
+the landlord learnt that he had come from this place: he came to him
+with a face full of concern, and said, "You did not tell me, sir, that
+you came from Van Diemen's Land; do not let it be known, or I shall be
+ruined." On another occasion a friend of his had to assure the landlord
+that he was a perfectly honest man, and he need not be afraid of him,
+although he did come from Van Diemen's Land. A short time after he had
+been in England he engaged a butler. He had not been long in the family
+before he came and said the place did not suit him, and he left at once.
+The servants whom he had taken from this place soon found out the
+feeling that existed; and, instead of saying they came from here, they
+used to say they came from India.--_Speech of Robert Officer, M. D., at
+Hobart Town Meeting._]
+
+
+
+
+SECTION III.
+
+
+The benefit derived from Mr. M'Lachlan's efforts was apparent to all.
+But he was returning to Van Diemen's Land. The New South Wales
+legislature engaged the Honourable F. Scott, M.P., to watch over their
+concerns. To this Lord Stanley demurred. He said a retainer for a colony
+was inconsistent with the standing obligations of a member of
+parliament, and that a committee to direct him would usurp the functions
+of the executive (1845). The old American colonies appointed agents:
+sometimes acting for only one branch of the legislature where there were
+two chambers. They were often members of parliament. Edmund Burke filled
+this office for the assembly of New York, with a salary of L500. The
+people of Van Diemen's Land formed "The London Agency Association," and
+appointed Mr. J. A. Jackson to represent them. Their proceedings were
+adopted by the colony, at a meeting called by the sheriff of Hobart
+Town; they did not however pretend to public authority, and they
+confined their attention to secular questions. The subscribers were
+called together at this crisis. By a vote, almost unanimous, they
+adopted a letter of instructions which directed Mr. Jackson to support
+the cause of total abolition. The London Agency Association expressed
+the opinions of the country gentlemen. There were several other
+organisations composed chiefly of tradesmen. In reference, however, to
+representation and abolition, all classes agreed.
+
+The British Government seemed to anticipate the wishes of the colonists.
+A despatch (February 5, 1847,) from Earl Grey, printed in the blue book,
+informed the people that transportation to Van Diemen's Land, except,
+indeed, as a part of the colonial empire, was finally terminated. There
+was nothing to prevent the arrival of exiles, when the state of the
+colony could admit of their dispersion amidst a free people,--a
+condition explicitly required by the primary object of cessation. This
+despatch Sir William Denison laid on the table of the council, and while
+he noticed its harmony with the wishes of a large proportion of the free
+inhabitants, he exhorted them to beware of undue exultation or
+despondency whatever the issue of the measure, and in this crisis of
+their fate to confide in the goodness of God (July, 1847).
+
+The views of the government were expounded in official letters and
+speeches in the British legislature. Stated with brevity they expressed
+a purpose to punish crime in England, and to assist the emigration to
+every British colony, individually rather than collectively, of men with
+conditional pardons. Sir George Grey asserted that the idea of resuming
+transportation to Van Diemen's Land was illusory. He recommended that
+the governor should be instantly informed of its termination. He
+condemned the practice of sending many exiles to one place as likely to
+create a feeling of caste, and in time produce the evils of penal
+colonisation. With these views Earl Grey concurred (February 5, 1847).
+He stated that they agreed with his established opinion, and he thought
+that well trained convicts might be dispersed in the colonies,
+especially taking care to promote the emigration of a considerable
+number of persons untainted with crime. To the same effect was his
+exposition of the future policy in the House of Lords. He expressed a
+hope that exiles might be so distributed that the chance of recognition
+should be slight. Lord Brougham made merry at this notion of banishment
+as a game at which two could play, and depicted the consternation of
+Calais at an arrival of reformed Pentonvillians. The chief reliance of
+Earl Grey was on the demand for convict labor in the colonies, which he
+far too highly estimated. When the intentions of the home government
+were declared, Sir W. Denison, who had given opposite advice, hastened
+to recall his recommendation. He stated that to resume transportation in
+any shape would be looked upon as a breach of faith, and be very
+embarrassing to government (August 28, 1847).
+
+The publication of Earl Grey's policy occasioned general gladness and
+gratitude. But it was followed by a measure adverse to its whole spirit
+and the facts on which it had been founded (September, 1847). The
+governor was directed to remove the convicts at Norfolk Island to Van
+Diemen's Land, and to receive those remaining in New South Wales not
+entitled to release. Drafts of transports were constantly arriving from
+every British dependency, and thus additions were daily made to the
+overwhelming convict population. The vices of the Norfolk Island
+prisoners had appalled the empire. The residuary convicts of New South
+Wales indicated their character by their long detention. Some were
+imprisoned in caverns dug in the rocks, and their depravity assumed the
+aspect of mania. The whole colony was roused by these projects. Meetings
+and memorials were multiplied. A deputation to the governor, then in
+Launceston, was attended by a long and excited procession. He concurred
+in their sentiments, suspended the progress of the scheme, and received
+the thanks of the colonists and the minister. The result was
+unimportant, for from Norfolk Island the convicts were silently
+transmitted to Van Diemen's Land and distributed undistinguished.
+
+Mr. Gladstone, when secretary for the colonies, addressed a confidential
+despatch to Sir C. Fitz Roy (April, 1846), and left its publication to
+his discretion. It proposed to renew transportation to New South Wales
+with the assent of the colonial legislature. This proposal was submitted
+to a committee of the council. A report was founded on the evidence of
+employers and forwarded to Earl Grey. It consented, conditionally; that
+two free persons should be sent at the expense of England for every
+prisoner, and that assignment should be revived. It admitted that the
+real welfare of the colony might be best promoted by the total stoppage
+of transportation to Australasia; and it yielded to a regulated and
+compensating scheme only as the alternative of indirect transportation.
+To give effect to the report, of which the adjournment of the
+legislative council prevented the consideration, Mr. Darvall and five
+hundred others presented a petition to the crown, which Earl Grey, "laid
+at the foot of the throne." Earl Grey refused to restore assignment or
+to send two free persons for one in bonds; but he offered to send an
+equal number of each at the cost of the British treasury (September 3,
+1847). After an earnest but limited opposition the proposal was accepted
+by the legislative council, and the vast territory of New South Wales
+opened to the dispersion of 5,000 prisoners per annum.
+
+But Earl Grey himself departed from his own proposals (September, 1848).
+He alleged that the exchequer would not permit the execution of the
+emigration scheme, and that the demand for labour in the other British
+colonies to the full extent of the supply rendered the outlay
+unnecessary. Yet to satisfy the petitioners for convicts, some ships
+would be sent. But should the legislature insist, emigrants in equal
+numbers would follow them, and transportation terminate.
+
+The adoption of this course was prompted by financial considerations,
+but especially by the offer of Sir William Denison to receive 4,000
+convicts annually, and thus to disperse them over the continent. This
+offer had been cancelled in another despatch, but of this, although
+before him, Earl Grey took no notice. He described with great apparent
+elation, the character of reformed prisoners, and quoted a chaplain as
+his authority, who represented them in the most favorable light. They
+cheerfully endured exposure on the public works, to deter their fellow
+countrymen from crime, and overcame all their adversities by patience
+and prayer. To a variety of notions, all absurd and impracticable, and
+all speedily abandoned, he added, "Her Majesty's government accordingly
+propose in future, with regard to all convicts, except those whose
+health may require different treatment, or whose sentences have been
+commuted for imprisonment, that, after having gone through the two first
+stages of punishment already adverted to, they should be removed as
+holders of tickets-of-leave to Van Diemen's Land" (April 27, 1848).
+
+Mr. Jackson obtained an interview with Earl Grey (Oct., 1848), and
+pointed out the injustice of this course. His lordship lamented the
+revival of transportation to Van Diemen's Land, and said that it arose
+from unavoidable circumstances. He declared his adherence to the plan of
+dispersion, and his belief that South Africa, Port Phillip, and other
+colonies would afford an ample outlet for the prisoners. Circulars were
+accordingly sent to the Cape of Good Hope, the Mauritius, New Zealand,
+New South Wales, and Swan River. The Swan River colonists, a few
+hundreds in all, accepted the offer. South Australia refused. In New
+Zealand the people of both colors deprecated the plan. "Send us
+gentlemen," said the chiefs, "but send us no convicts."
+
+Before replies could arrive, Earl Grey resolved to attempt its
+execution. He began with the Cape of Good Hope: he thought that the
+military outlay for its defence entitled the crown to invade it with
+convicts. The _Neptune_, with ticket-holders from Ireland, anchored in
+Simon's Bay: the inhabitants besought Sir Harry Smith to send her back.
+This he refused; but he expressed his entire sympathy with their
+opinions, and forwarded a despatch to that effect. He promised that not
+one should land without new orders from the secretary of state. The
+people, unwilling to depend on the justice of Earl Grey, formed a
+confederacy. They refused to hold intercourse with the government, or
+while the vessel remained on their coast to supply the commissariat, or
+to deal with any who violated this compact. Branch associations sprung
+up in every district: passes were issued to travellers to show they had
+not strayed from the _Neptune_. Every public body, civil and religious,
+sanctioned the resistance. The cause of the Cape was espoused by the
+British press. A motion was made in the Commons, by Mr. Adderley,
+amounting to a censure on the minister. Both Lord John Russell and Earl
+Grey promised to remove the grievance, and the _Neptune_ was ordered to
+sail for Van Diemen's Land (November 3, 1849). The inhabitants gave
+money to be distributed to the prisoners at their destination (February,
+1850). This done, they joined in illuminations, public thanksgivings,
+and congratulatory addresses to the governor, who reproved their zeal,
+but rejoiced at their success. A prosecution of Mr. Fairbairn, for
+conspiracy to compel an unlawful act, was begun, but fell to the ground.
+A settler who supplied the government was honored with knighthood: an
+example was offered to the empire of passive but victorious resistance.
+
+The despatch of Earl Grey repudiating his own stipulation excited the
+rage of New South Wales. Mr. Charles Cowper carried resolutions
+rejecting transportation in any form whatever through the legislative
+council without opposition. On the arrival of the _Hashemy_, a convict
+vessel, the inhabitants of Sydney to the number of some thousands
+assembled (June 11, 1849), and by a deputation to Sir Charles Fitz Roy,
+demanded that the prisoners should be sent away, if necessary at the
+colonial cost. Sir Charles was alarmed and increased his guards; he
+refused admittance to the deputation, and represented their constituents
+as a factious and feeble minority. The _Randolph_ on a similar errand
+entered Port Phillip; the people resolved to oppose the landing. They
+applied to Sir Charles Fitz Roy, then on a visit to their district, to
+prevent their invasion. They were sustained by the forcible remonstrance
+of Mr. Latrobe, and the vessel was sent to another part of the
+territory.
+
+No single cause will fully account for the intense and universal
+opposition to the plans of Earl Grey. The vacillation of his lordship in
+reference to the emigrant clause, produced feelings of exasperation and
+distrust, but the sad experience of Van Diemen's Land was accepted as a
+warning by other portions of the empire. A pamphlet, recording the
+proceedings of the Tasmanian colonists, was everywhere scattered. It
+minutely examined the penal policy of the crown, and recorded the
+various demonstrations against convictism (June, 1847). A large package
+of this pamphlet was forwarded by the Launceston Association to the Cape
+of Good Hope, and arrived a few weeks before the _Neptune_. Thus foreign
+fuel was added to the local fire--the testimony of men who had
+practically known the system, and by whom it was abhorred. The committee
+appointed by the Lords (1847), by the witnesses they examined,
+authenticated the evidence against it. The fate of Van Diemen's Land did
+not command peculiar interest amidst the wreck of thrones and the
+overthrow of empires; but the supposed connection between the criminals
+and insurgents of France alarmed the aristocracy, and disposed them to
+cling to transportation. The Bishop of Tasmania bore testimony to its
+colonial mischief. Lord Brougham endeavored to draw admissions favorable
+to his views with professional acuteness; but he was foiled, and the
+bishop pronounced the solemn warning that those who cast a prisoner,
+especially a woman, into a community where criminal principles prevail,
+pronounce a sentence for both worlds.
+
+The Tasmanian colonists were soon instructed by the press that the
+theory of dispersion was exploded. They were astonished to find fresh
+convict vessels hovering on their shores; but more still were they
+amazed to learn that Earl Grey seriously professed that by sending all
+the convicts to Van Diemen's Land he substantially realised dispersion.
+He indeed promised to provide an equal amount of emigration, but they
+knew that these projects were illusive. They had before them the
+addition of convict ticket holders, by hundreds, to thousands and tens
+of thousands already in the colony; there to struggle with their
+predecessors for bread. Such was the prospect of 1848.
+
+
+
+
+SECTION IV.
+
+
+"I hope," said Lord John Russell, "that when the house does come
+seriously to consider any bill having the question of transportation
+directly in view, it will consider the benefit of the colonies as well
+as of the mother country. I own I think it has been too much the custom
+both to pass acts imposing the penalty of transportation with a view
+rather to the convenience of this country than to the reformation of
+persons known to be of vicious habits, or to the interest of the
+colonies to which they were sent. We are bound to consider those
+interests likewise. We are bound when we are planting provinces, perhaps
+what may in future time be empires, to endeavour that they should not be
+merely seats of malefactors and of convicts, but communities fitted to
+set an example of virtue and happiness, and not to make plantations, as
+Lord Bacon says, of the scum of the land" (June, 1847). Such were the
+sentiments of the prime minister on penal colonisation. The secretary of
+the home department and the secretary for the colonies had been equally
+explicit. Could they really believe their own doctrine, when their
+practice was exactly opposite to its plainest dictates?
+
+The revolution in the policy of the crown everywhere excited
+astonishment and indignation. The minister, who denounced penal
+colonisation as a national crime--who had pleaded the cause of the
+colony and pledged the redress of its grievances--who, in short, had
+professed himself a disciple of Archbishop Whately--continued to pour
+convicts by thousands where for every free man there were two in bond.
+Destitute of legislative and physical power, the colonists could do
+nothing but deprecate. Every principal town and public body renewed
+their entreaties. To give them in full would be but to repeat statements
+of similar import. However variously expressed, they could scarcely
+deepen the unavoidable convictions of the world.
+
+In their numerous petitions the colonists referred to the public joy
+which had greeted an offer of abolition,--accepted not less as a signal
+interference of providence than as a proof of the equity of the British
+government. They slightly censured Sir William Denison who had called
+for four thousand convicts annually, against the petitions of 5,320
+colonists, 624 parents and guardians, representing 3,355 souls; against
+the memorials of the clergy of every sect, the oldest magistrates, and
+most opulent settlers, and public meetings everywhere decisive, and
+they entreated deliverance from an experiment more hopeless than its
+predecessors. They reminded the government of Great Britain that the
+colony was now entitled to abolition, not only as a measure politic in
+itself, but as guaranteed by the deliberate and solemn promise of the
+minister, promulgated by the representative of the crown.
+
+A massive volume would be insufficient to contain the petitions,
+letters, and despatches produced in this controversy. Colonists well
+qualified to maintain the popular cause devoted to this question the
+best years of life.
+
+Sir William Denison, although opposed to one form of transportation,
+maintained its substance with a pertinacity which never wavered. He
+stood almost alone. He adopted the opinion that the supply of labor to
+the colonies of this hemisphere was within the special province of his
+government. The tendency of high wages to demoralise the workman and
+retard the prosperity of employers, are prominent topics in all his
+discourses and writings. Thus the masses of the people inferred that his
+schemes were hostile to their welfare, and that the depression of the
+working classes was a primary object of his policy. The opulent settlers
+had abandoned these considerations under the influence of higher aims.
+They were resolved to trust to the experience of other colonies
+where--with a demand for labor--a rapid enlargement of capital and
+diminished crime seemed to prove that the moral and material interests
+of the wealthy and industrial classes were not incompatible. The social
+recovery of the colony could only be effected by the influx of families,
+and a comfortable subsistence was indispensable to attract them. The
+arguments of the governor, addressed to momentary interests, were
+overpowered by a desire to stand on a level with free peoples. The
+disputants on both sides were in possession of facts favorable to their
+respective opinions. Whatever evils were proved against transportation,
+the labor it afforded had been long employed. Habit had reconciled the
+minds of many to its inferiority; and the means of supplying its place
+were confessedly contingent and remote. A new society, having no
+disabilities to remove, no moral stain to obliterate, and formed of
+elements in natural proportion, could not hesitate a moment. Economical
+experience would dictate the rejection of slaves. But to clear away the
+refuse of a long-existing social state, and to build anew, was a
+formidable undertaking, however certain of reward. Many landholders and
+masters foresaw the trials attending the transition, but were willing to
+encounter them to attain an object beyond all price. "We wish it," said
+one of their manifestos, "to go forth to England, and to England's
+Queen, that we are not expecting solicitation or waiting for bribes; but
+knowing what we do, and prizing as man must ever prize the sources of
+gain, our resolution is taken,--relying on the sympathy of mankind, we
+cast ourselves on the goodness of Almighty God, and dare all hazards,
+_that our children may be virtuous, and their country free_."
+
+The expression of colonial feeling was accepted by most respectable
+dissentients as decisive. The settlers least averse to transportation
+were disgusted with the ever-changing views of the ministers. In the
+preceding ten years they had never known an hour's repose. In '38, the
+parliamentary committee condemned assignment. In '40, Lord John Russell
+stopped transportation. In '41, Captain Maconochie's mark system was in
+the ascendant. In '42, Lord Stanley's probation scheme sprang up. In
+'45, Mr. Gladstone projected the North Australian colony for
+ticket-holders. In '46, Earl Grey propounded the Tasmanian convict
+village scheme. In '47, he announced total abolition. In '48, another
+complete revolution took place, and all convicts were to be sent to Van
+Diemen's Land. This extravagance of upstart theory and fitful experiment
+without end, all tended to check colonial enterprise and destroy the
+public tranquillity.
+
+In whatever sense Earl Grey announced abolition in '47, it was clear
+that free emigration was essential to his plan when he proposed to
+resume it in '48. The funds he assigned for this purpose were sums,--the
+cost of their exile--to be exacted from ticket-holders as the price of
+freedom. But these funds were wholly prospective. Insuperable
+difficulties opposed their collection. Nor was the principle just. The
+sickly and unskilful would have stood at a greater distance from
+liberation than the clever and robust. The successful thief could
+purchase his freedom, and leave behind his more honest shipmates. The
+criminal being confounded with the debtor, a penal sentence would have
+ended in a civil process. Earl Grey proposed to add to the free
+population by the expenditure of L10,000, granted by the parliament, but
+it was found that the families of convicts were to be the chief
+participants. Thus resumption cut off all hope of free emigration. Nor
+was it even desirable while the laboring classes were in poverty. The
+settlers had the example of New South Wales before them; where even the
+sudden stoppage of transportation had been followed by rapid recovery.
+They were willing to combat their difficulties alone. "Such," said they,
+"will at no distant period be the condition of this country should the
+government prove just. And then, with its fertile valleys, clothed with
+abundance and filled with life, and its pure salubrious atmosphere
+giving length of days, it will need no other attractions than nature has
+conferred--no other commerce than the commerce of freedom--no patronage
+save the enterprise of its children. From the crown we ask nothing
+except to spare us from further wrong, and to accept our grateful
+loyalty in return for the uplifting of a burden too heavy to bear."
+
+The governor himself was adverse to the ticket system. The control
+exercised over the holders was limited to the most ineffectual and
+distant surveillance. They were free in reference to the colonists, and
+were subject to the same laws for the regulation of service.
+Restrictions were imposed on their locomotion, but without much
+practical restraint. Sir William Denison now recommended to the
+secretary of state to send all convicts to New South Wales, where wages
+were high and labor scarce, until the colonies being equal, the market
+of Van Diemen's Land might again share in absorbing them. To this plan
+the colony would have been disposed to assent at this stage of the
+struggle. By most persons it was thought reasonable, on national
+grounds, that the theory of dispersion should be tried, wherever it
+might inflict no peculiar caste or moral stain. Mr. Sharland, a
+strenuous abolitionist, prepared a series of resolutions against the new
+form of convictism. The governor promised to support them in the nominee
+council, and they passed unanimously (October, 1848). The first totally
+objected to the ticket system, as in the highest degree injurious to the
+convicts and the colony, and without advantage to Great Britain. The
+second recommended the dispersion of convicts throughout the colonies,
+accompanied by well-selected emigrants. The commentary of the governor
+explained these resolutions as a compromise between persons of adverse
+views. A large number of non-official magistrates--117 out of
+140--signed the condemnatory clause only. They declined to countenance
+the revival of transportation, or, by discussing theories of secondary
+punishment, to weaken the moral claim held in the pledge of Earl Grey.
+
+The increasing numbers of ticket-holders confirmed these objections.
+They were landed, and forwarded in considerable bodies to seek
+employment in the interior. Their decent apparel and quiet demeanour
+made them less objects of aversion than pity. Unacquainted with colonial
+labor, they were often unable to procure employment. Amongst men of this
+class many, of course, were disorderly and reckless, and when they were
+not readily relieved, they were insolent and threatening. They could,
+indeed, throw up their tickets, and claim food of the government, but
+only by a process which exposed them to censure and punishment.
+"Unfortunate men," said the London Agency Association, "unacquainted
+with useful labor, wander from farm to farm, asking for a night's
+shelter or a morsel of bread. The relief of these men by the settlers is
+prompted alike by their humanity and their fears."[257] These statements
+were disputed by the governor, but they were sustained by numerous
+certificates, and, in a form more qualified, by several police
+magistrates. In a lonely locality females could hardly refuse relief to
+applicants in parties, who pleaded the utmost want, and, when travelling
+over districts equal to an English county, depended on the charity of
+the settlers.
+
+These appeals were laid before parliament; they rested their claims on
+the word and honor of the minister, and on the unaltered circumstances
+which he quoted to justify his original design of abolition. The pledge
+was confirmed by the long acquiescence of Earl Grey and the other
+ministers of the crown. Lord Mahon, a member of the late ministry,
+complained that Earl Grey had fettered not only himself but his
+successors. He confirmed the colonial interpretation of the pledge,
+"most imprudently given by Earl Grey, that transportation should not be
+resumed to Van Diemen's Land;" and he expressed an opinion "that it was
+most impolitic and perilous thus to make pledges to the colonists that
+were not fulfilled."[258]
+
+During the same session Mr. Gladstone repeatedly referred to the purport
+of this abolition despatch, and urged the minister to extend as widely
+as possible the area of penal dispersion. He thought the policy of
+England less wise than in former times, when the numbers distributed in
+America were so small that they were lost in the mass of the population
+(March, '49). Lord John Russell, he observed, had given a pledge that
+transportation to New South Wales should be stopped. The same promise
+was made to Van Diemen's Land. Had these pledges been kept? Such
+vacillation was discreditable to the name of this great country (June,
+'49).
+
+Earl Grey was still pressed by the reiterated appeals of Van Diemen's
+Land, and by imputations of having broken faith with its inhabitants.
+The complaints of eminent commoners were renewed in the lords. He was
+reminded that his opinions in 1846 were at variance with continued
+transportation. Earl Grey demanded proof, when Lord Lyttleton held up
+his despatch, and referred to an opinion but a few days before avowed by
+Lord John Russell, that the time was at hand when a substitute would be
+necessary for transportation. Lords Wodehouse and Ilchester followed,
+and predicted a fearful recoil,--a severe and well merited retribution.
+Lord Stanley reflected on the secretary of state for abandoning the
+remedial plans of his predecessor. "Expectations," he said, "had been
+held out to Van Diemen's Land, that transportation would cease, but that
+now it appeared that it was not to cease. What security had the noble
+lord that the colony would not resist the reception of convicts?" Lord
+Monteagle asked if it was possible to send them to Van Diemen's Land? To
+this Earl Grey replied that the colony was thriving, that the opposition
+to transportation had declined. Millions had been expended in preparing
+the country for convicts, and the free inhabitants could not expect that
+when they chose to call for cessation, the imperial policy was to be
+altered on their demand (April 12, 1850).
+
+"I must notice," said Earl Grey, "the remarks of the noble lord at the
+table (Lord Lyttleton) and the noble lord opposite, (Lord Stanley) as to
+the effect of the earlier measures of the present administration in
+producing the difficulty which is now complained of. It is asserted that
+the language used both in despatches and in discussions in parliament by
+members of her Majesty's government was calculated to create an
+impression on the minds of the colonists, that transportation was to be
+entirely discontinued, and thus to raise expectation, which it is
+painful now to disappoint. My lords, if that impression and these
+expectations were created, it was rather by what other parties
+represented to be the views and intentions of the government, than by
+anything which was said by members of the administration. I defy any
+person to read through the despatches upon this subject as a whole (for
+perhaps detached passages taken without the contents might be quoted
+which would convey a different meaning), and not to perceive that the
+view entertained from first to last was, that convicts, after having
+undergone the most severe part of their punishment, were to be removed
+to the Australian colonies, and a very large portion of them to Van
+Diemen's Land. Undoubtedly it was the original intention of her
+Majesty's government that convicts should be removed as exiles; that is,
+under regulations by which on their arrival they would have been
+entirely free except as to the power of returning to this country." When
+his lordship was again taunted with the violation of his promise, he
+replied that Van Diemen's Land had no right to complain--colonies which
+had been founded as free colonies might do so; "but Van Diemen's Land
+had been originally intended as a penal settlement, and had no right to
+refuse to receive any number of prisoners the government choose to send,
+and that he (Earl Grey) was of opinion that the authority of the crown
+should be firmly asserted."
+
+Thus the hope of voluntary relief from Earl Grey was totally
+extinguished. He had before acknowledged that the claims of the colony
+were unsatisfied, and had given no distinct denial of the pledge; but
+his tone under these rebukes was authoritative and menacing. Passing
+over all he had ever said in favor of dispersion, he adopted the
+sentiments, almost the words of Lord Stanley, delivered four years
+before, when that nobleman defended the policy of transportation and
+denied the right of the colonists of Tasmania to complain.
+
+The people of Van Diemen's Land, on receiving this speech, met in
+unusual numbers, and renewed their protests and petitions. They extended
+the leagues, started a year before, by Mr. Young, a Launceston mechanic,
+to discountenance the employment of convicts. These compacts contained
+various conditions, but they all proceeded on the presumption that
+petitions must be followed by action. They were, however, difficult to
+observe. It was not easy to distinguish the different orders of convicts
+and periods of arrival. The working-classes, to whom the confederation
+was beneficial, taunted employers with inconsistency when they shrank
+from the unequal sacrifice. The governor himself described the opponents
+of transportation, who employed convicts, in terms of irony, and the
+press took up the reproach, and weekly reiterated the charge of "paltry
+trimming between principle and expediency." By many hundreds the pledge
+was signed notwithstanding, and it was generally kept. Many tradesmen
+exhibited an example of self-denial and voluntary sacrifice to gain a
+public object worthy of praise.[259]
+
+When the _Neptune_, rejected by the Cape, arrived in the Derwent, except
+Mr. Mitchell, who was detained in bondage, the passengers were pardoned
+(1850). The painful exhibition of ministerial contempt stung more than
+it injured the people of Tasmania, and they declared that nothing but
+want of power prevented them from chasing the vessel from their waters.
+A solemn protest, addressed to the people of Great Britain, was signed
+by the chief merchants and landholders.[260] From this time the
+colonists continued to protest specially against the violation of public
+faith whenever a convict vessel anchored on their shores. Scarcely any
+form of remonstrance remained to be tried. For three years the colonists
+had repeated their petitions. The collecting of signatures in a
+scattered population was attended with much difficulty and expense. To
+stimulate and sustain hope through so long a struggle was the great task
+of the leaders of this movement. The parents--the women of Van Diemen's
+Land--the clergy, singly--all sects together and in their separate
+churches, kept up by petitions a constant fire. Such a topic could
+hardly be expected to fix the attention of the people of England, but it
+derived fresh importance from its complication with the fate of other
+colonies and the honor of Great Britain.
+
+The discussion of transportation for several years annoyed and
+distressed respectable expirees, who, unless intelligent and just, were
+disposed to murmur at arguments which seemed to glance at themselves.
+The caution and discrimination of the leaders of the movement could not
+always restrain the oratory of their friends, and many offensive
+metaphors or epithets dropped in the warmth of speaking, not in the
+circumstances to be justified. Stimulated by newspaper writers, certain
+educated emancipists of the metropolis proposed to form a "protection
+association" (October, 1850). In their manifesto they collected all the
+epithets calculated to wound the feelings of "their people," for so they
+called them, and drew out columns of "grievances"--in the mock
+sentimental style of pseudo martyrdom. "Such," said they, "is our truly
+melancholy condition: but the time has arrived to rescue our people."
+"We know the silent grandeur of our strength." They proposed to put down
+the abolition press, to send emancipists to the Council, and to assert
+the majesty of their numbers against their emigrant oppressors. But,
+though encouraged by some old transportationists amongst the
+magistrates, and by the government press, the scheme was too monstrous
+for success. The respectable expirees stood aloof, and even detested an
+organisation founded on the reminiscences of crime. A few noisy meetings
+and inflammatory speeches were sufficient to open the eyes of most to
+the gulf of caste into which their own protectors intended to fling
+them. The deputations to the country districts were met in some
+instances coldly, and in others with laughter. Mr. Gregson went to the
+assembly at Richmond, and crushed their project by a calm exposition of
+its character. From this moment the Union languished, and soon
+disappeared, leaving a memorable warning against penal colonization and
+the creation of a caste embittered by ignorance and revenge.
+
+It was, however, felt by the colonists that no expression of the public
+will would recall the minister to a sense of justice, or command the
+effectual protection of parliament. The measures adopted by the Cape
+were impracticable in Van Diemen's Land: if, indeed, consistent with
+loyalty, they were not proper in a country where the support of the law
+was necessary to restrain the convict population. Such a course was
+predicted and recommended by the English press, but the ministers,
+better informed, felt no danger of active or passive resistance.
+
+Whatever compassion might be felt for Van Diemen's Land in the adjacent
+colonies, hitherto its treatment by the minister had produced no
+demonstration in its favor. It had been held up as a warning to
+stimulate resistance to any participation in its fate. The continental
+press pointed to its prostration with epithets of reproach, and it was
+described as the dust-hole of the empire. The sympathy of its neighbors
+was overpowered by the stronger feeling of self-preservation. It seemed
+like a mill-stone strung to the neck of the Australian world, and
+destined to drag it down to perdition. Under this impression they sought
+to impose restrictions on the migration of expirees and the holders of
+conditional pardons. The legislature of New South Wales passed a vagrant
+act, which required such persons to register their names at the nearest
+police-office, within a given time after their arrival. Earl Grey
+disallowed this ordinance, at the recommendation of Sir William Denison,
+as not only in itself oppressive, but calculated to retard dispersion,
+and counteract the royal prerogative. The great argument of the
+advocates for transportation in New South Wales was, however, founded on
+the impossibility of checking indirect transportation through Van
+Diemen's Land. Men landed in Tasmania, crossed over to Port Phillip, and
+were often traced by their depredations.
+
+The sense of impotence is not the least painful element of unjust
+suffering. This weakness was the topic of exulting scorn with the few
+enemies of the popular cause. The people were without allies or
+protectors, and completely subject to a despotic will.
+
+FOOTNOTES:
+
+[Footnote 257: London Agency Letter, November, 1848.]
+
+[Footnote 258: Debate, March 8, 1849. (Hansard.)]
+
+[Footnote 259: Among the many devices to awaken attention to ministerial
+injustice was an association to obtain for liberated convicts, of the
+incorrigible class, a passage to England. The prospectus, signed by Drs.
+Browne and Gaunt, turned back the British arguments for transportation
+with effect, and proposed to remit the objects of their charity to the
+reform societies, parishes, and municipalities of England. This proposal
+was seriously discussed at Port Phillip, and nothing prevented its
+partial execution but the difficulty of preserving, with the ordinary
+arrangements of a vessel, the subordination of such a ship's company.]
+
+[Footnote 260:
+
+"_The solemn Declaration of the undersigned Colonists of Van Diemen's
+Land, addressed to the British nation._
+
+"On the 5th day of April, 1850, the ship _Neptune_, the vessel freighted
+with convicts to the Cape of Good Hope, but rejected by its inhabitants,
+anchored in the port of Hobart Town, under the orders of the right
+honorable the secretary of state, Earl Grey.
+
+"Our reiterated petitions presented to her Majesty's government have
+impressed the feelings of every class upon the subject of
+transportation, and exhausted every argument which could enforce its
+abolition.
+
+"The ministers of religion, the parents of 20,000 children, the
+magistrates almost unanimously, have in every form expostulated and
+implored; nothing that the constitution authorises remains to be done to
+make known the most unhappy and oppressed condition of this country....
+
+"We cannot resist the oppression of the British government. We are
+convinced that appeals to the justice and humanity of the ministry are
+utterly unavailing; and that the principles which have induced them to
+relieve armed or rebellious colonies, lead to the oppression or
+contemptuous disregard of those who are too feeble for effectual
+resistance.
+
+"We have patiently awaited redress; we have borne illegal taxes, imposed
+by a council of crown nominees, and maintained by the amoval of _one_
+judge and the appointment of another; and have appealed only to the
+provisions of the constitutional law of England--but in vain.
+
+"And now, to fill up the measure of our wrong, ministers have publicly
+announced their contempt for our petitions, by ordering the _Neptune_ to
+our port, and discharging her passengers upon our shores.
+
+"In such circumstances silence would be criminal. As citizens and
+parents we hereby solemnly protest against the cruelty and falsehood of
+the English government--against the wrongs which threaten and oppress
+ourselves and our children.
+
+"Van Diemen's Land, April, 1850."]
+
+
+
+
+SECTION V.
+
+
+But the day of deliverance was at hand. "_The Australias are one_"
+became the watch-word of the abolitionists, and they adopted decisive
+means to propagate the cry, and secure the co-operation of the colonies
+of the continent. From this idea sprang the "Australasian League"--an
+organization comprehending a numerical and moral force without parallel
+in the present colonial empire. At Launceston, on the 9th of August,
+1850, the following resolution was adopted:--"That the whole of the
+Australasian Colonies are deeply interested in preventing the
+continuance of Transportation to this Island. That the Launceston
+Association for Promoting the cessation of Transportation to Van
+Diemen's Land be hereby requested to address a letter to the respective
+Colonial Secretaries, Speakers of Legislative bodies, Municipal
+authorities, and other influential parties in those Colonies, earnestly
+requesting the co-operation to ensure their attainment of the great
+object we have in view."
+
+The feeling expressed in this resolution was instantly reciprocated in
+all the colonies. Speakers at their meetings referred to the condition
+and hopeless prostration of Van Diemen's Land as a general grievance. A
+letter, founded on this resolution, was drawn up by Messrs. West, Du
+Croz, and Douglas (dated August 26), under the instructions of the
+"Launceston Association," the first formed in the colonies. It was
+signed by the chairman, Rev. Dr. Browne, senior-chaplain of Launceston.
+After tracing the course of the British government, it proceeded:--"As a
+last resource we turn to our fellow-colonists who, united to us by the
+strictest ties, are liable to the same wrongs; and who will not be
+indifferent spectators of sufferings which they may ultimately share. If
+you look at the chart of Van Diemen's Land you will perceive her
+geographical position establishes a relation to the adjacent colonies
+which no laws can disown and no time dissolve. A few hours convey
+vessels from our shores to the ports of Victoria, New South Wales, and
+South Australia; and a few days' sail to New Zealand, and thence to the
+islands that crowd the Pacific Ocean. Her majesty's ministers have
+taught the communities established in this portion of the empire that
+their ultimate interests are ONE: that upon the public spirit,
+intelligence, and virtue of each, in no small measure, depend the
+happiness and prosperity of all. We remind you that, in twenty years
+from the present moment, should transportation continue, and the annual
+number remain stationary, 70,000 or 80,000 convicted persons will have
+passed through Van Diemen's Land into the neighbouring colonies. They
+will consist of men not only originally depraved: all will have gone
+through the demoralizing probation of public gangs: they will all have
+dwelt, for several years, in exclusively convict society, where every
+prevailing sympathy must be tainted with the habits of crime. This
+island will not be a filter; but the accumulation of moral wretchedness
+will unavoidably contaminate every mind, and stamp on every character
+the impression of its peculiar constitution. The sacrifice of this
+colony will not, therefore, exempt the neighbouring settlements from any
+portion of the mischief incident to direct transportation. They will
+receive the prisoners later in life, but deteriorated in character. Evil
+associations and evil men become worse and worse: such is the dictate of
+reason, and such is the solemn warning written in the oracles of God.
+If, then, your colony had cause to protest against the infliction of
+this evil in a limited degree, how much stronger must be your opposition
+to a system which will bring into your streets, your houses, your
+hospitals and prisons, the crime, insanity, decrepitude, and pauperism
+ever consequent on transportation, aggravated by transmission through a
+country in moral ruin. Were we to appeal to a principle of selfishness
+in addressing our countrymen, we might remind you that the reputation of
+this entire hemisphere is compromised by the condition of Van Diemen's
+Land. The nice geographical distinctions which colonists make are lost
+in the distance. As your vessels enter foreign ports, the line which
+divides your population from ours fails to distinguish them. We have
+heard with regret, and not without humiliation, that the British name,
+every where respectable until now, has ceased to insure to many, who
+have never forfeited its sanction, the common confidence of foreign
+nations. That a petty state, but of yesterday, has initiated laws
+intended to stigmatise all the inhabitants of the southern world, and
+attributing to the whole the character of convictism. A more serious
+consideration is the positive injury inflicted upon the islanders of the
+Southern Ocean by scattering among them desperate men who have been
+perfected in all the arts of wickedness, and who are placed within reach
+of an interesting and rising people, whom they too often shock by their
+vices and oppress by their crimes. We submit, sir, to your humanity as a
+British fellow subject, and to your discretion as a christian
+magistrate, the case of this country. In the mutation of human affairs,
+the arm of oppression, which has smitten us with desolation, may strike
+at your social well-being. Communities allied by blood, language, and
+commerce, cannot long suffer alone. We conjure you, therefore, by the
+unity of colonial interests--as well as by the obligations which bind
+all men to intercede with the strong and unjust on behalf of the feeble
+and oppressed--to exert your influence to the intent that transportation
+to Van Diemen's Land may for ever cease."
+
+The colonial office at first did not deny, what indeed was
+unquestionable, that such hopes had been given, and not until twelve
+months after Lord Grey maintained that his discretion was not limited by
+his promise. Mr. Jackson again remonstrated with the minister on behalf
+of the colony. Earl Grey directed Mr. Hawes to assure him the government
+earnestly desired to meet the wishes of the inhabitants of Van Diemen's
+Land for the discontinuance of transportation (March, 17, 1849). The
+opinion of British legislators of high pretensions having confirmed the
+colonial interpretation, Earl Grey made another effort to recover New
+South Wales. He once more instructed Sir C. Fitz Roy to reopen the
+discussion (Nov. 19, 1849), and a message for this purpose was sent to
+the legislature (June, 1850). A new election meantime occurred, and the
+people, supposing the question irrevocably settled, had exacted no
+pledges from the members. Mr. Lamb, then a crown nominee, proposed
+(August, 1850), a series of resolutions confirming the previous
+decision, and declaring that tranquillity could only be restored by
+revoking "the order in council." The debate on these resolutions was
+postponed until the 27th of September, when it was understood counter
+propositions would be submitted.
+
+The proposal to revive transportation in New South Wales was under
+discussion when the speech of Earl Grey's reached the colonies. The
+people were called together to consult on their own affairs and
+naturally turned to the policy of government as exhibited in Tasmania.
+The resolution of the 9th of August obtained an immediate response, and
+gave a new aspect to the agitation. The great Sydney meeting (September
+16) "pledged themselves to co-operate with their brethren in Van
+Diemen's Land;" and an association then formed for preventing the
+revival of transportation opened a channel of communication. The _Sydney
+Herald_, the chief organ of the abolition cause, remarked, "the best way
+of dealing with this and all other evasions is that suggested by the
+people of Van Diemen's Land, the formation of a great Australian
+confederacy" (September 16). The people of Port Phillip "tendered their
+deep sympathy and hearty concurrence and co-operation," and appointed a
+provisional committee to take such measures as might be deemed
+necessary to obtain complete redress. The unity of the colonies became
+thenceforth the favorite topic, and nothing remained but to give to this
+important sentiment a practical direction. Meanwhile (1st October), the
+council of New South Wales decided on the despatch of Earl Grey, so far
+as related to themselves. An amendment of Mr. M'Arthur, to receive
+selected exiles with three emigrants for each, although supported by the
+eloquence of Wentworth, was defeated, and Mr. Lamb's motion carried
+without a division. The abolitionists had made efforts to secure
+unexampled demonstrations without, and to determine the question for
+ever. They held meetings daily, and called into action all the agents of
+political agitation. The ladies imitated the mothers and daughters of
+Van Diemen's Land, and petitioned. The members on the popular side were
+encouraged by the countenance of the bishops and clergy of all
+persuasions. The judges gave the weight of their experience on the same
+side. Five hundred persons memorialised the council in favor of
+transportation. Thirty-six thousand protested against it. The Port
+Phillip members who went up to Sydney on this errand alone, to secure a
+majority of the side of abolition, were met by the citizens at the water
+side and escorted in triumph. The debates were more prolonged than any
+known before--Australian eloquence exhausted the topic, and satisfied
+the public judgment for ever. Mr. Wentworth in supporting the amendment
+yet declared his aversion to transportation, and his belief that nothing
+but a powerful confederation of the colonies would prevail against
+it.[261] The governor was neutral: the official members of the house
+withdrew: but the attorney-general rose from the deserted benches, and
+claiming to perform a duty as a citizen who had watched transportation
+in all its stages and results, gave an irresistible testimony on the
+side of social freedom.
+
+A common interest in the liberation of Tasmania being thus avowed by the
+continental colonies, it became necessary to settle the principles of
+their confederation. The Rev. John West of Launceston, who had first
+mooted the measure, was deputed to consult with the colonists resident
+at Hobart Town. Meetings were accordingly held at the dwelling house of
+Mr. Hopkins of that city during several weeks, and the whole question of
+transportation in its colonial aspect was largely discussed. An
+impression seemed to prevail that the theory of dispersion, as
+originally propounded by Earl Grey, might have been beneficial to the
+empire and desirable for the convicts, and but slightly injurious to the
+colonies. It was clear, however, that the resolution of the free
+colonies was irrevocable, and that the continuance of transportation
+would pour an incessant and destructive stream of crime into Van
+Diemen's Land. Nor was it possible to make common cause with the
+adjacent communities but by supporting the object of their local
+resistance. Without reference to theories no longer practicable, an
+agreement was drawn up by Mr. Pitcairn, and signed by the gentlemen
+present, in the following terms:--"We the undersigned, deeply impressed
+by the evils which have arisen from the transportation of the criminals
+of Great Britain to the Australian colonies, declare that transportation
+to any of the colonies ought for ever to cease, and we do hereby pledge
+ourselves to use all lawful means to procure its abolition--Robert
+Pitcairn, Thomas D. Chapman, Henry Hopkins, G. C. Clarke, Joseph
+Allport, John West, F. Haller, G. W. Walker, William Rout, Henry Smith,
+P. T. Smith, Robert Officer."
+
+Having thus secured concurrence in the object to be sought, the
+initiation of practical measures was remitted to the Association of
+Launceston. At an adjourned meeting of that body, on 10th October, the
+secretary, Mr. Crookes, was instructed to propose a conference of
+delegates from each of the colonies, to be held at Victoria. This
+proposal was instantly adopted by the abolitionists of Melbourne: the
+mayor was requested to forward invitations, and to fix the time of
+meeting for January, 1851. The people of New South Wales and South
+Australia found it inconvenient to comply with this arrangement, but
+expressed the most cordial interest in its issue. The Associations of
+Hobart Town and Launceston selected, as their delegates, the Rev. J.
+West and W. P. Weston, Esq., who, for some years, had been actively
+engaged in the struggle against transportation. A public breakfast was
+given by their constituents at the port of embarkation, at which Mr.
+Sharland presided. The delegates explained their views. They were going
+forth to change the policy of a mighty empire. "We," said they, "assert
+that a community should deal with its own crime; at least, so deal with
+it that, in its disposal, it shall not injure those who have never
+offended,--so that, at least, the honest labourer shall not be brought
+into unfavorable competition with the hardened criminal,--so that, at
+all events, our sons shall not be driven from their homes to seek
+employment in distant lands, there to meet suspicion and contempt." They
+disclaimed all intentions inconsistent with constitutional loyalty, and
+all weapons but those of justice and truth. "We are a loyal people, and
+have given abundant proof of our loyalty, but it is not an unalterable
+principle. There is an old proverb: 'The sweetest wine makes the sourest
+vinegar.'" On the departure of the delegates (Jan. 15, 1851) they were
+attended by the Launceston Association and a large concourse of people.
+The vessels in the harbour were decorated with their colours, and the
+whole scene was imposing. Three cheers were given for the Australasian
+Conference, and three for the Queen. As the vessel moved from the wharf,
+the band struck up the air which well expressed the feelings of the
+moment--"Rule Britannia: Britons never shall be slaves." "In a few
+weeks," said a spectator, "the Australasian League will be a great
+fact--an epoch in the history of Australia. We have seen the beginning
+of the end."
+
+When the delegates landed at Victoria they were warmly welcomed. An
+address was read and presented to them by the mayor, Mr. Westgarth, the
+member for Melbourne, Mr. Stawell, and other gentlemen of the
+association. "We bid you," said they, "God speed, in the high and holy
+mission on which you come. Rest assured that the colonists of Victoria
+will go with you heart and hand, and they will not cease their efforts
+until the emancipation of the Australian colonies from the oppression of
+British crime shall be fully accomplished." "You," said the delegates in
+reply, "can confer no greater honor on the province that bears the name
+of Victoria, than by initiating measures which may assure the Australian
+world that that illustrious name shall everywhere be the guarantee of
+justice and truth." The delegates and the local association met in the
+town council chamber, and concerted the plans of future action. After
+several protracted sittings the terms of confederation were settled,
+and a "LEAGUE AND SOLEMN ENGAGEMENT" formed for the Australian
+world.[262]
+
+This covenant bound the subscribers to reject convict labour afterwards
+arriving; to employ their powers electoral, official, and legislative,
+for the extinction of transportation; and to afford their utmost
+assistance to all who might suffer in the lawful promotion of the cause.
+Another article, pledging non-intercourse with obstinate
+transportationists, was expunged on the motion of Messrs. West and
+Stawell, as scarcely within the range of moral force, and needless in
+the state of public feeling. To frame a confederation securing perfect
+independence of action in the separate colonies, and the effective
+co-operation of all, was a more difficult task. This, was, however,
+fully accomplished. The members, admitted by subscription alone, elected
+the provincial councils, who appointed their delegates. These formed the
+general conference. This body enacted the rules of united operation;
+they appointed an executive board to carry them out, and nominated
+gentlemen in London to direct operations in Great Britain. The local
+councils retaining control over the funds collected within their bounds
+were authorised to contribute for common purposes, and to appoint paid
+delegates to carry home their remonstrances to the English government
+and people. Such was the constitution of the League, which may hereafter
+suggest the union of the colonies under the sanction of the crown. The
+delegates adopted addresses to the British and the Australian public. To
+the colonies they depicted the vast moment of this agitation, and
+invoked their instant and earnest aid, closing with these solemn
+appeals: "Ponder deeply, fellow colonists of Australia, the prospect
+that lies before you. Consider well the moral and even the merely
+economical relations of the question. Reflect on the subject of the
+administration of justice, not only with reference to its enormous
+expense, but also as to the social effect of the ceaseless and weary
+labours of our criminal courts. Reflect on the vast and gloomy gaols
+that must meet our eyes in a noble and fruitful land, where prosperity
+should have banished almost the remembrance of crime; on the arrays of
+our police that ever remind us of the noxious elements of our
+communities; and think, too, of our daily press that might edify a
+virtuous public by accounts of incessant progress and well doing, but
+which, faithful to the cause of truth, must ever teem with the harrowing
+evidence of the depravity of our fellow-beings. And again turn to the
+scene that so frequently closes upon the career of the convict. Consider
+the helpless pauperism of improvidence; constitutions ruined by vice and
+profligacy; asylums and hospitals overflowing with degraded and wretched
+outcasts, descending to the grave without respect and without sympathy,
+quitting a world which they had only dishonoured and abused."
+
+"In conclusion, fellow colonists, with reference to this momentous
+question, let us not argue with the home government either on the law of
+the case, whether that be with them or with us, or on the relative power
+of the contending parties. The accidents of law or force, whichever way
+they might prevail, can never remedy the social disorders we complain
+of. Let us then represent to the British government, to the British
+parliament, and to the British public, that in the present state and
+prospects of the world, it is a great moral obligation on the part of
+our parent state, not to eject her criminals into other societies
+already charged with their own, but to retain and manage them within
+herself."
+
+In their address to the united kingdom they united remonstrance with
+warning: "We ask our fellow countrymen" said they, "to look at the map
+of the world; to measure the distance between England and her Australian
+dependencies; to mark their geographical relations with gigantic
+empires; and to estimate aright their future importance as elements of
+her wealth, greatness, and glory. If the colonists are compelled to own
+that their interests may be ruined by an official despatch--that their
+name and fame may be dishonoured, to relieve the gaols of Great
+Britain--if their youth cannot visit any country under an Australian
+flag without being made to feel that they were born in a degraded
+section of the globe, we are at a loss to imagine what advantages
+conferred by the sovereignty of Great Britain can compensate for the
+stigma of its brand."
+
+"We address the words of supplication, not of threatening. A few short
+years, and that which is now a grievance will grow into a quarrel. By
+instant concession, an act of justice will become a monument of imperial
+clemency. But these colonies are solemnly pledged, each to the other, by
+their mutual interests,--their future destinies,--their fellowship of
+weal and woe,--and now by their League and Solemn Engagement, to achieve
+the freedom of their common country."
+
+Having arranged the plan of action, the association convened a meeting
+of the Victorians. On the memorable 1st of February, 1851, the league
+was solemnly inaugurated, being signed by the Tasmanian delegates, and
+by the mayor, William Nicholson, Esq., William Westgarth, Esq., M.L.C.,
+and Montgomery Bell, Esq., alderman, as delegates for Melbourne. This
+done, a banner of deep blue, spangled with the Southern cross, adorned
+with the national colors, and bordered with white on which the date of
+the confederation was traced in letters of gold, was unfurled and
+greeted with the loud acclamations of the assembly. A council of nine
+was afterwards elected by ballot, composed of the most eminent citizens,
+the mayor being president.[263]
+
+It was determined to raise L20,000 as a league fund in the Australian
+colonies. Warmed by the advice and example of Mr. Bell, the opulent
+supporters of the cause resolved to take the chief burden on themselves.
+The delegates for Melbourne each subscribed one hundred guineas. Mr.
+Moor, the member for Port Phillip, added fifty to this sum as a special
+token of his sympathy with Tasmania. Thirty houses of business followed
+with one hundred guineas each. The mayor of Geelong, Dr. Thompson, set
+an example of similar liberality. A thousand persons met the delegates
+in that town; formed their own council, and embraced the league with
+enthusiasm. In less than a month nearly L7,000 was subscribed in
+Victoria alone.
+
+But while the people were thus liberal in promoting the social freedom,
+their benevolence was drawn into another channel. A mournful visitation
+desolated the homes, and destroyed the lives of several of their fellow
+citizens. On the 6th of February, known as "black Thursday," the
+thermometer was 115 in the shade, the sun, obscured by murky mists,
+looked like a globe of blood, the air was loaded with smoke and ashes,
+and as the night closed in, columns of fire were seen every where in the
+distance. The uninclosed country was sweept by the resistless element.
+Sometimes swifter than the fleetest horse, it overtook the traveller who
+could preserve his life only by facing round and dashing through its
+least impervious range. The parched leaves of the forest kindled at the
+first glance of the flame. Sheep and cattle fell dead--farms and stock
+yards were destroyed in a few minutes. In many instances the blaze
+encircled the unfortunate before the danger was perceived. A strong hot
+wind bore along ashes, and carried them far over the ocean, where
+falling on the decks of vessels fifty miles from land, the passengers
+were terrified with vague apprehension, or thought that the end of the
+world was come. The effects of this devastation were in some places
+appalling. The Barrabool Hills, near Geelong, a district of romantic
+beauty celebrated for its vines, and occupied by small holders, were
+covered with blackened ruins. The whole family of Mr. M Leland, a
+settler near Melbourne, perished. The fire suddenly seized his dwelling
+and intercepted his escape. His wife and five children dropt one by one:
+he endeavoured to save his little boy, but he was suffocated in his
+arms; the unhappy parent was himself discovered a few hours after, by a
+shepherd, in a creek, where he had found refuge from his dread pursuer.
+
+The mayor and corporation of Melbourne, then the only representative
+body in the province, presented the Tasmanian delegates with an address,
+and entertained them with splendid hospitality. A banner, bought by
+general subscription, was committed to their charge as a present to the
+colonists of Tasmania. The ladies of Victoria graced the ceremony of
+presentation. In giving this beautiful emblem of Australian re-union,
+"Gentlemen," said the mayor, "I pray you to receive it in the name of
+the people of Port Phillip, and may it remain nailed to the mast until
+these colonies are emancipated from convictism." "We accept it, with
+gratitude," they replied,--"May the flag which adorns it ever float
+above it in mild sovereignty: the noble nation from which we sprung will
+applaud and assist us. Such are our hopes; but whether they are doomed
+to disappointment or not, we shall discharge our duty as subjects, and
+then commit our cause to the righteous judgment of God. May He watch
+over our proceedings; may He permit us to add another to those bloodless
+victories which teach the oppressed to confide in the armour of truth
+while they warn all men that against weapons of such heavenly temper the
+shields of the mighty are lifted in vain."
+
+By this time the people of New South Wales became warmly interested in
+the league. No time was lost. To obtain the active assistance of that
+great colony was to insure success. Messrs. Moore and Westgarth, members
+of the legislature, and Dr. Thompson, mayor of Geelong, were deputed to
+act in the metropolis for Victoria. The delegates of Tasmania returned
+home. The banner intrusted to their care was publicly delivered at a
+meeting, of which, Mr. Dry was chairman.[264] Councils were chosen for
+north and south Tasmania, and several thousand pounds were added to the
+league fund.
+
+Messrs. West and Weston were commissioned to attend the conference at
+Sydney. Joined by the delegates for Victoria, they landed in March. A
+large concourse of citizens assembled at the Royal Hotel, where an
+address, breathing encouragement and hope, was read by Mr. Charles
+Cowper, in the name of the New South Wales association. The delegates,
+invited to a public banquet in honor of their mission, were met by the
+city members, the mayor, the principal merchants, and professional
+gentlemen. The immense wool store of Messrs. Mort, decorated for the
+occasion, exhibited a striking scene of luxury and magnificence.
+Speeches, such as Britons make when their hearts are loyal and their
+wrongs are felt, promised a hearty struggle, and predicted a certain
+victory. A public meeting of the colonists assembled to recognise the
+League, and dissolve the colonial association. Dr. Lang proposed another
+covenant drawn up by himself. It recited the chief facts stated in that
+of Victoria, but added: "And if it should be necessary in the struggle
+upon which we are now deliberately entering, for the protection and
+defence of our adopted country, as well as in the vindication of our
+rights as Britons, ... to have recourse to the last remedy of the
+oppressed, we appeal to God and the world, as to whether we shall not
+have indefeasible right and eternal justice on our side. So help us
+God." A league, based on moral force, and disclaiming all weapons but
+those of persuasion and entreaty, was evidently at an end if armed
+resistance were contemplated as the final resource. The earnest
+objections of the delegates were supported by Mr. Lamb. The mercantile
+and professional classes decidedly disapproved of the substitution; but
+the strength of numbers might have carried the threatening clause had
+not Dr. Lang consented to abandon it. Never was the league in so much
+danger, it being determined by the delegates to relinquish all idea of
+confederation on any terms inconsistent with constitutional resistance.
+A proposal to join the league was carried amidst triumphant cheering. A
+council was chosen by ballot. Messrs. Charles Cowper, Robert Campbell,
+and Gilbert Wright were appointed delegates for New South Wales. The
+most impressive meeting held by the delegates, was convened in the
+congregational church of Sydney. A thousand persons, chiefly heads of
+families, and of both sexes, listened with absorbing interest to the
+appeals of clergymen, protestant and catholic, to principles familiar to
+the patriot and the christian. The venerable metropolitan, in accounting
+for his absence, recorded his conviction in terms suited to his office
+and experience, and in a strain of reproof and warning, which no
+government will venture to disregard.[265] The first conference of the
+united colonies was held in the city of Sydney and closed its labours on
+the 1st day of May, 1851. A permanent executive board and a London
+delegation, were nominated; Mr. Charles Cowper being appointed the first
+president of the Australasian League, and Mr. Gilbert Wright, secretary.
+
+The appointment of Mr. J. C. King as the delegate for Melbourne, and
+other gentlemen resident in London to act in the same capacity, was
+intended to agitate the colonial cause beneath the walls of parliament,
+and thus by multiplied agencies to weary the ministers into justice--to
+conquer their obstinacy by a perpetual coming. It was the earnest desire
+of the founders of the league to employ all possible means consistent
+with loyal and constitutional principles, that the blame of ultimate
+consequences, if adverse, might remain with the servants of the crown. A
+letter of instructions addressed to Mr. J. A. Jackson and other
+delegates by the executive board of the league and signed by the
+president, stated clearly the duties which devolved upon them. "You will
+bear in mind that yours is the work of testimony, that we do not hold
+you responsible for the result. We are discharging by you a duty we owe
+to the parent country. We wish you to state our case; to deprecate the
+evils we suffer. We wish you to depict the vast resources and unrivalled
+beauty of these colonies, and to insist on the injustice and folly of
+degrading them to the purposes of a prison. We are anxious that you
+should tell our countrymen at home, that here is a land capable of
+boundless prosperity, that our whalers fish upon our coasts, that we
+number our sheep by millions, that our wheat is famed in every market in
+the world; that there are millions of acres over which the plough may be
+driven, and where the axe is not required as pioneer. You will tell them
+that we love our native country, and rejoice in our share of her
+heritage of glory, that we offer our filial duty and manly affiance,
+but, that we offer them on this condition, that we, and our children,
+and their country, shall be _free_. This granted, every hour will
+strengthen the relations already established between us; but should the
+object of our League, so near to our hearts, fail us, should the British
+public prove deaf or indifferent, or the minister prove inexorable, your
+mission will have been discharged; and we must await, as best we may,
+the development of those providential purposes which are often most
+obscure when they are nearest the dawn. 'England has no right to cast
+out amongst other nations, or upon naked shores, either her poverty or
+her crime. This is not the way in which a great and wealthy people, a
+MOTHER OF NATIONS, ought to colonize.'"
+
+"Never has the question of transportation assumed a greater importance
+than at the present moment. The colonists are fretted by the vacillation
+of her Majesty's government, but they are anxious to know that their
+honor and happiness are compatible with their present political
+relations. The plantation of new colonies in our vicinity, the now
+constant intercourse with the American continent, the discovery of gold
+fields, large in extent and abundant in production, on the Western
+Cordilleras of New South Wales, and the thence certain rapid influx of
+population, all make the future an object of solicitude. It may be your
+happiness to contribute to the achievement of this great moral victory,
+to the removal of those intolerable burdens imposed by a despotic
+minister, and permitted by the indifference of the British Nation,--and
+thus to the establishment of a closer union between these colonies and
+the parent state."
+
+The chief reliance of the confederates, however, was on the approaching
+elections. The new constitutional act demanded a fresh appeal to the
+people. The constituencies of the Australian world were to decide its
+fate. The issue was no longer doubtful, except where the right of voting
+was conferred on few, and the influence of squatters paramount. Such
+places, were however, comparatively numerous, and a hard and earnest
+struggle was expected in the northern district of New South Wales. The
+conference of the League terminated its sittings on the 1st of May. On
+the 5th, the official corps of Victoria, the representatives and the
+delegates, left the wharf of Sydney, and amidst the cheers and
+forebodings of many quitted a political connection which had been often
+the source of angry strife. Victoria and New South Wales were now
+separate governments. The new colony, gigantic in its youth, threatened
+the supremacy of the middle district, while Moreton Bay was clamorous
+for a separate executive.
+
+But on the 6th of May a discovery was announced, which changed the
+fortunes of the Australian empire. The predictions of science were
+fulfilled. It was stated in the _Quarterly Review_, (Sept. 1850), that
+New South Wales would probably be found wonderfully rich in precious
+metals. Scarcely had the conjecture reached the colony before it was
+verified, and Mr. Hargraves, a practical miner, discovered the gold of
+Bathurst. It was felt by the former apologists of transportation that
+the policy of England must condemn its continuance not less than the
+interests of the Australias. Mr. Wentworth was the first to announce the
+altered position of the question. He reminded the electors that he was
+originally opposed to the revival or continuance of transportation,
+could it by any means be got rid of in the whole Australian group, and
+that this was no longer impossible; "that a new and unexpected era had
+dawned, which in a few years would precipitate the colony into a
+nation." He, therefore, pledged himself to join with them in any
+remonstrance intended to terminate transportation, and to prevent the
+formation of any penal settlement in the southern hemisphere.[266] This
+manifesto was adopted by the former advocates of transportation in New
+South Wales, from the loftiest even to the least. Gold fields beyond the
+dreams of oriental vision were rapidly unfolded. The relations of labor
+and capital were entirely deranged, and the future became uncertain and
+perplexing. A few employers who imagined that their personal interests
+would be considered, grew more earnest for convict labor, not thinking
+how it could be retained, or caring for the crime and misery it might
+entail. But they were few. More generous spirits sympathised with the
+general aspect of a change which promised to people a region as fair and
+fertile, and as large as Europe. The strenuous resistance of
+transportation had cleared the character of the colonists, and proved
+that their feelings harmonised with the universal and unchangeable
+convictions of mankind. The first news of this great discovery was
+accompanied by the strongest evidence of Australian loyalty to the
+common law of nations. "The success of the confederation (said the first
+journal of Europe), forms a remarkable indication of a feeling in all
+the Australian colonies of a more elevated character than they have
+hitherto obtained credit for. It becomes more than ordinarily important
+to ascertain the exact nature of that moral and social atmosphere which
+so large a number of our countrymen are probably destined to breathe
+(October '51)."
+
+On their return to Tasmania the delegates were greeted with addresses
+and public demonstrations. The settlers, with a manly consistency,
+despite the threatened scarcity of labor, adhered to their flag and
+responded with cheers to those who predicted a temporary struggle and a
+bright futurity. But the agents of the convict department endeavored to
+rekindle the last embers of jealousy and hate. To the employers they
+predicted ruin; to the houseowners, desolation and emptiness; to the
+publicans the reign of puritanism; to the emancipists the ascendancy of
+the free, to be followed by unextinguishable persecution. All the
+sentiments and epithets known in Irish polemics and Irish seditions were
+re-arranged in the convict service, and scattered with profusion. The
+League was assailed with peculiar virulence, and all its distinguished
+adherents held up to scorn as religious and immoral men, as hateful for
+their covetousness and contemptible for their poverty. Sometimes they
+were locusts, swarming everywhere; at others they were a scattered and
+miserable remnant--which the government and the convict party would
+speedily sweep away. The governor himself during a procession through
+the colony was cheered as the great champion of the pardoned, and
+placards represented that he had defeated a scheme of the settlers to
+deprive them of their votes. He entered the city in state--and while he
+passed under a triumphal arch, Mr. West, the Hobart Town delegate, was
+publicly gibbetted. But the Trades' Union, and an association of the
+Native Youth, assembled in the evening, and in the presence of many
+thousands, the well-dressed effigies of Earl Grey and the governor were
+thrown into an enormous fire.
+
+Meanwhile the league was extended to South Australia. All the members of
+the legislature, except the officials, joined in a requisition to
+receive Messrs. West and Bell as delegates from Tasmania and Victoria
+(August, '51). All denominations warmly advocated the cause. The largest
+assembly ever gathered there--and including men who had never before
+united--carried the resolution, moved by the Bishop of Adelaide, "that
+the total cessation of transportation to the Australian colonies is
+essential to their honor, happiness, and prosperity." A meeting at
+Canterbury, New Zealand, called by Mr. Godley, adopted and subscribed
+the engagement (October, '51). Thus the five colonies, answering to the
+stars of the Southern Cross, had raised that sign of hope and union.
+
+The writs for Tasmania were at length issued. The day of general
+nomination was remarkably brilliant. The principal candidates were
+attended with numerous banners and long processions. The ladies wore the
+colors of their parties, and even the children to the number of several
+hundreds, marched in the train of Mr. Dry, the popular candidate for
+Launceston. On one of their banners a passage taken from a pamphlet of
+the day was inscribed--"The last link of despotism is broken, when the
+children of the soil decree its freedom." The native youth for the first
+time bore an active share in this last attempt to secure the liberties
+of their country, and, in a public assembly, to petition for its
+success, displayed both moderation and ability--highly creditable
+considering the disadvantages under which they had labored. These
+efforts were successful. The country districts were in three cases
+disputed by the transportationists. They polled little more than a
+hundred votes, but in Hobart Town a more serious conflict was expected.
+Beside the lower class of expirees, many of the publicans and almost all
+in the service of the government were in favor of transportation, or
+compelled to support it. Mr. Young, a solicitor, after several
+candidates had offered and retired, determined on a contest with Messrs.
+Chapman and Dunn, the chairman and treasurer of the local league
+council: more than five hundred votes were polled in his interest, but
+the friends of freedom carried their candidates by a triumphant
+majority. The election at Hobart Town, accomplished in the face of every
+obstacle, demonstrated the strong and irrevocable desire of the people.
+The day of nomination was memorable in British history, the day when the
+signal of Nelson ran through the fleet--"England expects every man will
+do his duty." The speakers did not omit to apply an example so striking.
+A despatch of Sir William Denison (May, '50), recommending the grant of
+lands and other advantages to reconcile the less incorruptible advocates
+of abolition and marked "confidential," had just reached the colony,
+having been unaccountably inserted in the blue book. The moral choice of
+the people was still more strikingly manifest, when they disregarded
+such offers, whether considered as compensation or bribes, and rejected
+every advocate of transportation. Such appeals as the following were
+not heard in vain. "Now, let our signal be--'Tasmania expects every man
+to do his duty!' The first earnest of your privileges must be the utter
+extinction of slavery in this your adopted land. By your most cherished
+associations--by all that you hold most dear--by the love you bear your
+domestic hearths--by the claims and cries of your children--by the light
+of that freedom, your common inheritance, which has now for the first
+time dawned upon you, which has gilt your mountains and gladdened your
+valleys,--by the spirit of emancipation, and which at this very moment
+is beating in unison in strong pulsations through every artery of the
+island, until I can almost fancy that Nature herself heaves and
+sympathises with the universal emotion,--I call upon you, adjure you, to
+cast off every unworthy feeling, and remember only 'to do your duty'
+towards your own--your adopted land."[267]
+
+By a violent exertion the convict party were held together until the day
+of polling:--then they disappeared with noise and riot, and were seen no
+more.
+
+The reputable emancipists joined their emigrant countrymen. They held
+the balance in their hands. In the main they proved true to the
+principles which hold society together, and followed the dictates of
+parental affection. Many not actual members of the league supported its
+principles so far as they contemplated the social freedom of the
+Australian world. Thus all the preliminary steps were taken to secure
+the voice of the legislative councils, and throughout the southern
+hemisphere no representative of the people was found to stand up as the
+advocate of transportation. The proper moment for confederation had been
+found. A few months before it was unthought of--a few months after it
+would have been impracticable. The speech of Earl Grey, was intended to
+extinguish finally all hope of freedom, but struck out a spark and
+kindled a flame which none can quench.
+
+The representatives were true. The council of New South Wales, the
+earliest to assemble, struck the first blow for Australasian liberty.
+They voted, not for the deliverance of their own colony only, but for
+the rescue of Van Diemen's Land. Mr. Lamb proposed resolutions charging
+Earl Grey with perfidy--Mr. King sought the same object in a milder
+form, and in November the whole house concurred in condemning
+transportation. The Victorian legislature, on the motion of Mr.
+Westgarth, adopted a similar protest, though in stronger terms.
+Supported by the law officers of the crown, the resolutions passed with
+perfect unanimity (Dec.), and they were promptly forwarded by Governor
+Latrobe, who expressed the warmest interest in their success. Thousands
+of expirees and absconders, allured by the prospect of sudden riches,
+descended upon that province and filled the inhabitants with
+astonishment. Hundreds who arrived in Van Diemen's Land in bondage, and
+many who quitted it without leave, became by a few days spoil, masters
+of from one hundred to a thousand pounds.
+
+On the 16th December (1851), a series of resolutions were passed by the
+legislature of South Australia on the motion of Mr. Hall. Thus, three
+colonies, by a unanimous vote, pronounced the doom of transportation.
+Their governors were silent or approving. All, whether servants of the
+crown, or representatives of the people, united in one voice. Tasmania
+was the last to obtain the constitutional organization. On the 30th of
+December the governor met the men of the people, and found not one to
+sustain the policy of transportation. Mr. Dry, the first country born
+legislator, was unanimously elected to the speakership. The address
+presented to Sir Wm. Denison expressed deep regret that he had not
+considered it necessary to notice the all important subject of
+transportation, the violation of a pledge--broken by the ministers of
+the crown, or had been able to announce that his own earnest
+representations had concurred with the unanimous desire of the Tasmanian
+constituencies. This complaint he received in silence. On the 14th of
+January, the subject was brought before the house by Mr. Sharland, who
+moved twelve resolutions. They recorded the violated pledge of Earl
+Grey, the protests of the colony against transportation; they professed
+the warmest loyalty to the throne, and attachment to Great Britain, and
+they pronounced the unchangeable opposition of the house to
+transportation. The discovery of gold was stated as calculated to induce
+her Majesty's ministers to comply with the petitions of the people; "but
+if it should unhappily be otherwise" said the faithful representatives
+of Van Diemen's Land, "it is our duty as colonists, and as British
+subjects, to exert to the utmost all the power with which this council
+is invested, to oppose, and if possible to defeat, every measure that
+may be suggested or attempted for the introduction of criminals into
+this country, at any time, or under any circumstances."
+
+For this resolution none but representatives of the people voted;
+against it, none but the nominees of the crown.
+
+The triumph of this cause was the work of many and the labour of years.
+Thousands of articles often distinguished for ability, appeared in the
+colonial papers, and thus ripened the public mind to vigorous action.
+Many who have toiled survive to participate in the gladness of success:
+others have passed to the grave; among these the names of Archer and
+Oakden will recur to colonial remembrance, A future generation will best
+appreciate the value of that noble stand made against the allurements of
+real or imaginary gain, and the children of Tasmania will delight to
+inscribe the patriot's name in the record of their country's redemption.
+
+But the impartiality of history demands a confession, less favorable to
+the colonists at large, and which must arrest a deliberate and absolute
+judgment against the ministers of the crown. The voice of employers too
+long favored transportation, and their temporary interests were
+preferred to their ultimate welfare. The press visited the friends of
+social freedom with sarcasm and contempt, and described them as purists
+and fanatics. Until the last ten years the colonial will has been
+neither steady nor distinct. Emigration and time have wrought a change
+in the prevailing feeling. Nor should it be forgotten that the first
+colonies of this hemisphere were planted for the punishment of crime and
+the reform of criminals--that those who came to share their fortunes,
+necessarily inherited their dishonor, and that we require the
+abandonment of a policy once thought profoundly wise, and which was
+scarcely questioned for more than three score years.
+
+The opposition of Sir William Denison to the colonial will on this
+subject, his injustice to the judges, and his sarcastic delineations of
+colonial character, have narrowed the circle of his friends. In future
+times an opinion more favorable to his reputation may be expected to
+prevail. It will then be remembered that he promoted the advancement of
+science, fostered liberal education, increased the facilities of
+commerce, abated the practical evils of the convict department,
+advocated the principles of legislative freedom, and, by a respectable
+private character, sustained the moral dignity of government. But even
+then it will not be forgotten, that in perpetuating the convict curse,
+he adopted any argument, however false, and tolerated any ally, however
+abject.
+
+FOOTNOTES:
+
+[Footnote 261: If this question had _been_ brought forward in a large
+and comprehensive view before the Federal Assembly of the Australian
+colonies, which is soon to be called into being, I admit that the
+decision arrived at might have had some effect on the home government; I
+think, even now, the wisest and safest course would be to postpone its
+further discussion, and remit the whole matter to that body. Then, if
+they were all as sincerely opposed as I am to transportation in any
+shape, they might come to a conclusion, that convicts should come to
+none of these colonies; and to such a decision the minister might
+succumb. It is to such an assembly as this that a question of this
+magnitude ought to be remitted, as it is a question on which all the
+colonies are alike concerned. If South Australia, Van Diemen's Land, and
+Port Phillip, all agreed with New South Wales, in one common
+determination not to receive convicts in any shape, there would be some
+hope that they might accomplish their end.]
+
+[Footnote 262:
+
+     THE AUSTRALASIAN LEAGUE.
+
+     _The League and Solemn Engagement of the Australian Colonies,
+     declared by the Delegate_ in _the Conference held at Melbourne,
+     February_, 1851.
+
+     WHEREAS, in 1840, by an Order in Council, the practice of
+     transporting convicts to New South Wales was abandoned by the
+     Crown, and, whereas, by divers promises the government of Great
+     Britain engaged not to send convicts from the United Kingdom to New
+     South Wales, New Zealand, Victoria, or King George's Sound. And,
+     whereas, by an Act of the British Parliament, transportation to
+     South Australia was positively prohibited. And, whereas,
+     Lieutenant-Governor Denison, in 1847, declared to the colonists of
+     Van Diemen's Land her Majesty's most gracious purpose, that
+     transportation to that island should be discontinued. And, whereas,
+     the colony of Van Diemen's Land has been deeply injured by the
+     pouring in of enormous masses of transported offenders. And,
+     whereas, divers and repeated attempts have been made to depart from
+     the letter and spirit of these promises. And, whereas, the avowed
+     object of her Majesty's Secretary of State is to transfuse the
+     convicts disembarked in Van Diemen's Land through the Australasian
+     Colonies, and thus to evade the spirit of the promises and Act of
+     Parliament so made. And, whereas, large tracts of land have been
+     purchased by the colonists from the crown; many millions of capital
+     invested in improvements; and many thousands of her Majesty's
+     subjects have settled in Australasia on the pledged faith of the
+     Crown not to disturb their social welfare by the importation of
+     crime. And, whereas, the native Australasians are entitled to all
+     the rights and privileges of British subjects, and to the sympathy
+     and protection of the British nation. And, whereas, many and varied
+     efforts have been made to induce her Majesty's ministers and the
+     British Parliament to terminate the practice of transportation to
+     these colonies, but without success. Now, THEREFORE, the Delegates
+     of these Colonies, in conference assembled, do declare their League
+     and Solemn Engagement, to the effect following:--
+
+     1st. That they engage not to employ any person hereafter arriving
+     under sentence of transportation for crime committed in Europe.
+
+     2d. That they will use all the powers they possess--official,
+     electoral, and legislative, to prevent the establishment of English
+     prisons, or penal settlements, within their bounds; that they will
+     refuse assent to any projects to facilitate the administration of
+     such penal systems, and that they will seek the repeal of all
+     regulations, and the removal of all establishments for such
+     purposes.
+
+     And lastly, That they solemnly engage with each other to support by
+     their advice, their money, and their countenance, all who may
+     suffer in the lawful promotion of this cause.]
+
+[Footnote 263: William Westgarth, William Kerr, William Nicholson,
+Dalmahoy Campbell, William Stawell, George Annand, William Bell, J.
+Stewart Johnstone, and John Hood, Esqrs.]
+
+[Footnote 264: The _Raven_, Capt. Bell, was the first vessel that
+carried the league flag, now floating over every sea.]
+
+[Footnote 265: "My anxiety now is, to reiterate and give permanency to
+the assurance, that my determination originated not in any feeling of
+insensibility, or indifference, towards the noble object in which you
+are engaged. No man, who feels as he ought to do for the country in
+which not only himself but his children and grandchildren are
+established, (which is my case), but must, from his heart, desire and
+pray for the success of your endeavours. As having once held the
+spiritual charge over all the colonies to which your league extends,
+and, in a certain sense, continuing still to do so, I hope my feelings
+towards them are such as become that relation; and my persuasion is,
+that to extend, or resume, or continue the practice of transportation to
+any one of them, must be injurious to all.... A perseverance in this
+policy would tend more than almost any other cause that could be
+mentioned, to weaken the respect which is now so generally entertained
+for the name of England. It cannot be supported if England cause herself
+to be regarded as the author of a continual wrong; and if respect be
+forfeited, the principal tie of love and obedience will be severed. It
+is impossible to believe that any British statesman will be found, who,
+upon the ground of policy, and, still less, upon a principle of justice,
+will recommend the continuance of the practice against which you are
+united in petitioning."--_Letter of the Lord Bishop to Charles Cowper,
+Esq., and Charles Kemp, Esq._]
+
+[Footnote 266: Address to electors, July, 1851.]
+
+[Footnote 267: Mr. MacDowell's speech.]
+
+
+
+
+HISTORY OF TASMANIA.
+
+
+       *     *     *     *     *
+
+
+ZOOLOGY.
+
+
+
+
+ZOOLOGY.
+
+
+SECTION I.--MAMMALIA.
+
+The most perfect list of the mammals of Australia which has yet appeared
+is in the appendix to Capt. Gray's _Travels in North-west and Western
+Australia_, compiled by J. E. Gray, Esq., of the British Museum. Since
+its publication (1841) a few additional species have been added to the
+fauna of Tasmania, and a few of the smaller animals, probably, remain
+still to be described; but they will not materially affect the following
+list, which is compiled from the table by Mr. Gray, and a subsequent
+_History of the Marsupiata_, by G. R. Waterhouse (1846):--
+
+-------------+---------------------+------------+-----------+-----------+
+ORDERS.      |  GENERA.            | Total No.  | Peculiar  | Common to |
+             |                     | of Species | to        | Australia |
+             |                     | in         | Tasmania. | and       |
+             |                     | Tasmania.  |           | Tasmania. |
+-------------+---------------------+------------+-----------+-----------+
+CHEIROPTERA  | Nyctophilus         |     1      |    --     |     1     |
+             | Scotophilus         |     2      |    --     |     2     |
+             |                     |            |           |           |
+MARSUPIALIA  | Thylacinus          |     1      |     1     |    --     |
+             | Dasyurus            |     3      |     2     |     1     |
+             | _includes Diabolus_ |            |           |           |
+             | Phascogale          |     3      |     3     |    --     |
+             |  _includes          |            |           |           |
+             |  Antechinus_        |            |           |           |
+             | Perameles           |     2      |     1     |     1     |
+             | Phalangista         |     3      |     1     |     2     |
+             |  _includes Hepoona_ |            |           |           |
+             | Phascolomys         |     1      |    --     |     1     |
+             | Hypsiprymnus        |     2      |     1     |     1     |
+             |  _includes          |            |           |           |
+             |  Bettongia_         |            |           |           |
+             | Macropus            |     3      |     1     |     2     |
+             |  _includes          |            |           |           |
+             |  Halmaturus_        |            |           |           |
+             |                     |            |           |           |
+RODENTIA     | Hydromys            |     1      |    --     |     1     |
+             | Mus                 |     2      |     1     |     1     |
+             |                     |            |           |           |
+EDENTATA, or | Ornithorhynchus     |     1      |    --     |     1     |
+MONOTREMATA  | Echidna             |     1      |     1     |    --     |
+             |                     |------------+-----------+-----------+
+             |                     |    26      |    12     |    14     |
+-------------+---------------------+------------+-----------+-----------+
+
+This makes a total of twenty-six mammals inhabiting Tasmania, exclusive
+of the _Seals_ and _Cetacea_, with which our acquaintance is still very
+imperfect.
+
+From the above list it will be perceived, with the exception of the
+three bats, two mice, and one water-rat, that all our mammals are either
+Marsupial (pouched) or Monotrematous (a closely-allied form, to which
+belong the platypus and porcupine of the colonists). Orders found in
+other countries, such as the _Pachydermata_ and _Ruminantia_, are in
+Tasmania wholly wanting, as they are also throughout the extensive
+continent of Australia.
+
+It is also remarkable that twelve out of the twenty-six animals are
+peculiar to this small island, and have not yet been detected elsewhere.
+Amongst those thus limited in their geographical range are the tiger and
+devil of the colonists, the two largest indigenous Australian
+carnivorous quadrupeds.
+
+Australia is the great metropolis of the marsupial animals. Certain
+species of the group are found in North and South America, and in New
+Guinea, the Moluccas, and adjacent islands, but the numbers seem limited
+as compared with the other indigenous quadrupeds of those countries.
+Professor Owen observes:--"That the marsupialia form one great natural
+group is now generally admitted by zoologists. The representatives in
+that group of many of the orders of the more extensive placental
+sub-class of the mammalia of the larger continents have also been
+recognised in the existing genera and species:--the Dasyures, for
+example, play the parts of the _Carnivora_, the Bandicoots of the
+_Insectivora_, the Phalangers of the _Quadrumana_, the Wombat of the
+_Rodentia,_ and the Kangaroos, in a remoter degree, that of the
+_Ruminantia_."[268]
+
+The Tiger or Hyaena of the colonists (_Thylacinus cynocephalus_, Harris)
+is a very powerful animal, about the size of a large dog, with short
+legs. It is of a tawny or brownish yellow color, with numerous black
+bands arranged transversely along the back, from the shoulders to the
+tail; hence the erroneous names tiger and hyaena, given to it by the
+early settlers. The muzzle is rather elongated, the ears short and
+erect, and the pupils elliptical, corresponding with its leaping,
+predaceous habits; if it had the characteristic brush instead of a long
+taper tail, its figure would bear a considerable resemblance to that of
+the fox. The female is much smaller, but more active and supple in its
+movements than the male. They prey upon kangaroos, opossums, bandicoots,
+and other native animals; hunting by night, their exquisite sense of
+smell enables them to steal cautiously upon these defenceless animals,
+in the thick covers of the low grassy flats and scrubs, or to run them
+down on the more open hill and forest land. They are not very fleet, but
+follow the track with untiring perseverance, occasionally uttering a
+kind of low smothered bark. They never hunt in packs, but a male and
+female, or a bitch, with two or three half-grown pups, have occasionally
+been seen together, in pursuit of game.
+
+The Thylacine kills sheep, but usually confines its attack to one at a
+time, and is therefore by no means so destructive to a flock as the
+domestic dog become wild, or as the Dingo of Australia, which both
+commit vast havoc in a single night. High rewards have always, however,
+been given by sheep-owners for their destruction; and, as every
+available spot of land is now occupied, it is probable that in a very
+few years this animal, so highly interesting to the zoologist, will
+become extinct; it is now extremely rare, even in the wildest and least
+frequented parts of the island. A male and female were sent to the
+Zoological Society of London during the present year (1850), and were
+the first that ever reached Europe alive.
+
+The Devil (_Dasyurus ursinus_, Geoff.), about the size of a bull
+terrier, is an exceedingly fierce and disgusting looking animal, of a
+black color, usually having one white band across the chest, and another
+across the back, near the tail. It is a perfect glutton, and most
+indiscriminate in its feeding; nothing comes amiss to it; it lives
+chiefly upon carrion, the smaller native animals, and occasionally
+attacks sheep, principally, however, lambs and the weakly or diseased;
+even one of its own kind, caught in a snare, is attacked and devoured
+without mercy. They are very numerous in some localities, and from their
+smaller size will probably longer survive the war of extermination
+carried on against them.
+
+The other two species of _Dasyurus_, viz., the Tiger cat (_Dasyurus
+maculatus_, Shaw) and Native cat (_Dasyurus viverrinus_, Shaw), are
+similar in their habits to the pole-cat and marten of England, from
+which they do not differ materially in size, and prove equally
+destructive to the poultry yard. The Native cat varies a good deal in
+color, many being black with white spots; but the usual and prevailing
+color is a greyish tan or yellow, with white spots; and from these mere
+varieties some naturalists have constituted two species. Great numbers
+of Native cats are killed in some localities for the sake of their
+skins, which are formed into rugs by the shepherds.
+
+The Phascogales are small insectivorous animals, found on the mountains
+and in the dense forest parts of the island, and little is known of
+their habits.
+
+The two species of Bandicoot (_Perameles obesula_, Shaw, and _P.
+Gunnii_, Gray), are very common throughout the colony, living upon
+insects and roots.
+
+The Opossums usually abound where grass is to be found, lodging by day
+in the holes and hollows of trees. The most common species is the
+_Phalangista vulpina_ (Shaw), under which is placed both the black and
+grey opossums. These animals are much sought after by the servants on
+most farms for the sake of feeding their dogs with the flesh, and
+forming the skins into rugs; an opossum (or kangaroo) skin rug being the
+principal bedding of all the shepherds, stock-keepers, and laborers in
+the more remote parts of the colony. When travelling from one station to
+another, and sleeping in the open air, these men always carry a rug with
+them; and wrapped in this, with his feet to the fire, the bushman sleeps
+on the ground warm and comfortable, even in the coldest nights, with no
+other shelter save a log or a few boughs to windward; and this was
+generally all the shelter used by the aborigines. The fur on the
+opossums in the mountains and cooler parts of the island is thicker and
+better adapted for rugs than on those obtained from the sea coast or the
+warmer settled districts. The Ringtail opossum (_Phalangista_ or
+_Hepoona Cookii_, Desm.) is smaller, less common, and less sought after,
+for dogs will not eat the flesh of the Ringtail even when roasted.
+
+The Flying squirrel, or opossum of Port Phillip (_Petaurus sciureus_,
+Desm.), was introduced from that colony between the years 1834 and 1839:
+many of those so introduced escaped from confinement, and from the
+numbers which have been killed around Launceston since that period they
+have evidently increased and established themselves amongst the denizens
+of our woods. No species, however, of flying opossum is indigenous to
+Tasmania.
+
+The Wombat, more commonly called in the colony Badger (_Phascolomys
+wombat_, Peron.), is an animal weighing forty to eighty pounds, having a
+large body, with short legs. Notwithstanding its burrowing habits, and
+the excessive thickness and toughness of its skin, it is usually so
+easily killed, that it is becoming less and less common.
+
+The Kangaroo rats (_Hypsiprymnus cuniculus_, Ogilby, and _H. murinus_,
+Ill.) are small animals, like kangaroos in their form and mode of
+progression, but require few remarks, as they are not killed either for
+food or their skins. They are not numerous anywhere. Dogs will not
+usually eat them.
+
+Our best known animals, however, are the Kangaroos, of which we have
+three species, distinguished by the names of Forester, Brush, and
+Wallaby.
+
+The Forester (_Macropus major_, Shaw), the male being known by the name
+of "boomer," and the young female by that of "flying doe," is the
+largest and only truly gregarious species,--now nearly extinct in all
+the settled or occupied districts of the island, and rare everywhere.
+This species afforded the greatest sport and the best food to the early
+settlers, an individual weighing 100 to 140 pounds. It is much to be
+regretted that this noble animal is likely so soon to be exterminated.
+It was usually hunted by large powerful dogs, somewhat similar to the
+Scotch deer hounds; and when closely pressed had the remarkable
+peculiarity of always taking to the water where practicable. A modern
+kangaroo hunt has been thus graphically described by the Honorable Henry
+Elliot, in Gould's splendid work on the Macropodidae:--
+
+"I have much pleasure in telling you all I know of the kangaroo-hunting
+in Van Diemen's Land. The hounds are kept by Mr. Gregson, and have been
+bred by him from fox-hounds imported from England; and though not so
+fast as most hounds here now are, they are quite as fast as it is
+possible to ride to in that country. The 'boomer' is the only kangaroo
+which shows good sport, for the strongest 'brush' kangaroo cannot live
+above twenty minutes before the hounds; but as the two kinds are always
+found in perfectly different situations we never were at a loss to find
+a 'boomer,' and I must say that they seldom failed to show us good
+sport. We generally 'found' in a high cover of young wattles, but
+sometimes we 'found' in the open forest, and then it was really pretty
+to see the style in which a good kangaroo would go away. I recollect one
+day in particular, when a very fine 'boomer' jumped up in the very
+middle of the hounds, in the 'open:' he at first took a few high jumps
+with his head up, looking about him to see on which side the coast was
+clearest, and then, without a moment's hesitation, he stooped forward
+and shot away from the hounds, apparently without an effort, and gave us
+the longest run I ever saw after a kangaroo. He ran fourteen miles by
+the map from point to point, and if he had had fair play I have very
+little doubt but that he would then have beat us; but he had taken along
+a tongue of land which ran into the sea, so that, on being pressed, he
+was forced to try to swim across the arm of the sea, which, at the place
+where he took the water, cannot have been less than two miles broad; in
+spite of a fresh breeze and a head sea against him, he got fully
+half-way over, but he could not make head against the waves any further,
+and was obliged to turn back, when, being quite exhausted, he was soon
+killed.
+
+"The distance he ran, taking in the different bends in the line, cannot
+have been less than eighteen miles, and he certainly swam more than two.
+I can give no idea of the length of time it took him to run this
+distance, but it took us something more than two hours; and it was
+evident, from the way in which the hounds were running, that he was a
+long way before us; and it was also plain that he was still fresh, as,
+quite at the end of the run, he went over the top of a very high hill,
+which a tired kangaroo never will attempt to do, as dogs gain so much on
+them in going up hill. His hind quarters weighed within a pound or two
+of seventy pounds, which is large for the Van Diemen's Land kangaroo,
+though I have seen larger.
+
+"We did not measure the length of the hop of this kangaroo; but on
+another occasion, when the 'boomer' had taken along the beach, and left
+his prints in the sand, the length of each jump was found to be just
+fifteen feet, and as regular as if they had been stepped by a sergeant.
+When a 'boomer' is pressed, he is very apt to take the water, and then
+it requires several good dogs to kill him, for he stands waiting for
+them, and as soon as they swim up to the attack, he takes hold of them
+with his fore feet, and holds them under water. The buck is altogether
+very bold, and will generally make a stout resistance; for if he cannot
+get to the water, he will place his back against a tree, so that he
+cannot be attacked from behind, and then the best dog will find in him a
+formidable antagonist.
+
+"The doe, on the contrary, is a very timid creature, and I have even
+seen one die of fear. It was in a place where we wished to preserve
+them, and as soon as we found that we were running a doe we stopped the
+hounds, just at the moment they were running into her. She had not
+received the slightest injury, but she lay down and died in about ten
+minutes. When a doe is beat she generally makes several sharp doubles,
+and then gets among the branches or close to the trunk of a fallen
+tree, and remains so perfectly still that she will allow you almost to
+ride over her without moving, and in this way she often escapes.
+
+"A tolerably good kangaroo will generally give a run of from six to ten
+miles; but in general they do not run that distance in a straight line,
+but make one large ring back to the place where they were found, though
+the larger ones often go straight away."
+
+The Brush kangaroo (_Macropus [Halmaturus] Bennettii_, Waterh.) is
+universally distributed over Tasmania, and in some localities was
+formerly very numerous indeed, but the war of extermination constantly
+waged at all seasons against this species, for the sake of its skin,
+has, in many places, entirely destroyed it, and rendered it scarce
+everywhere. Many thousands of skins have been annually exported from
+Launceston alone, and nearly all the leather used in the colony for
+ladies' and gentlemen's boots and shoes is made from the skin of the
+brush kangaroo, which is thicker and better than that of the larger
+species.
+
+The Wallaby (_Macropus [Halmaturus] Billardieri_, Desm.) is the smallest
+species of kangaroo, and inhabits thickets; and although described by
+Mr. Gould as being gregarious, is never seen in flocks, as is the
+forester kangaroo.
+
+All the different species of kangaroo are admirable food, and are now in
+much request by the residents in the towns as a delicacy, having in soup
+a flavor somewhat similar to that of hare. No others of the indigenous
+quadrupeds are usually used for food, although occasionally bushmen eat
+the wombat and echidna, and, more rarely, the bandicoots and kangaroo
+rats.
+
+The Platypus (_Ornithorhynchus anatinus_, Shaw) has for many years been
+so great a subject of interest to the zoological world that little is
+left to detail. It is still not uncommon in the pools and small streams
+on the table land of the western mountains; at the source of the river
+Derwent, Lake St. Clair; and in most of the rivers and streams in the
+more remote parts. Those who feel any interest in the peculiar structure
+of this very remarkable animal, and its congener the Porcupine (_Echidna
+setosa_, Cuv.), can find full details in Professor Owen's very elaborate
+and admirable paper, in the _Cyclopaedia of Anatomy and Physiology_, on
+the _Monotremata_.[269]
+
+Nearly all the Tasmanian quadrupeds are nocturnal in their habits, or,
+when not strictly so, feed principally during the morning and evening
+twilight: and as few of our mountains exceed four or five thousand feet
+of elevation above the sea level, most of the animals are distributed
+over the whole island, being merely influenced in their range by the
+greater or less abundance of food.
+
+All the larger species of indigenous mammals will rapidly diminish under
+the united efforts of Europeans and their attendant dogs. No species is
+protected, and no species spared. As the _Marsupialia_ are not prolific,
+the extinction of several species may soon be anticipated, from the
+circumstance that the unsettled parts of the island, to which they have
+been driven, are comparatively destitute of grass, and unfit for the
+support of graminivorous animals.
+
+It may here be observed that the Dingo of New Holland never inhabited
+Van Diemen's Land; and although wild dogs were at one time troublesome
+in a few districts, yet they were merely the domestic dogs become wild
+(many having from time to time been abandoned by their masters--aborigines
+and convicts), and were soon destroyed. European rats and mice are now
+common all over the island: the domestic cat, also, has in many localities
+become wild, and proves very destructive to quails, and those birds which
+are much on the ground.
+
+
+SECTION II.--BIRDS.
+
+Unlike the mammals, there is nothing in the general aspect of the birds
+of Tasmania to distinguish them from those of other countries; there
+are, however, some peculiar forms, but they are not of such a nature as
+to strike the eye. Many of the birds of Europe are represented here, as
+the hawks, owls, swallows, snipe, ducks, &c., and not a few have
+received English names, from the real or fancied resemblance which they
+bear to their British prototypes, as the magpies, wrens, robins, &c.
+
+Mr. John Gould, in his splendid and elaborate work, _The Birds of
+Australia_, has so completely illustrated and described the birds of
+Australia, including those of Tasmania, that little remains to be done
+by those who follow him. Whether we look at this magnificent work for
+its beauty, or its accuracy, we cannot help feeling rejoiced that so
+interesting a portion of the natural history of Tasmania should have
+been so ably illustrated. According to Mr. Gould's work, Tasmania
+possesses 170 species,[270] of which only a few, so far as at present
+known, are _peculiar_ to it, that is, have not yet been found in any
+other part of Australia. In the 170 are included some occasional and
+rare visitants to our shores, but several others will, no doubt, have
+hereafter to be added; this is, however, a close enough approximation
+for all ordinary purposes.
+
+The 170 birds may be divided into the following orders and genera:--
+
+ORDERS.                  No. of             No. of
+                         Genera.            Species.
+
+RAPTORS                   11                  13
+INSESSORES                46                  62
+RASORES                    4                   6
+GRALLATORES               20                  30
+NATATORES                 29                  59
+                         110                 170
+
+From the above table the ornithologist will form an idea of the
+character of our birds; but it will be well to proceed a little more
+into detail.
+
+Among the thirteen raptorial birds the eagle (_Aquila audax_, Lath.)
+takes the foremost place. It is about the size of the golden eagle of
+Europe; and being destructive to young lambs in some localities, a
+constant war is waged against it by the shepherds, and it is becoming
+rapidly scarce.
+
+The beautiful white hawk (_Astur Novae Hollandiae_, Cuv.), erroneously
+called an albino by Mr. Gould, once very abundant, is now becoming rare,
+having been nearly extirpated for the sake of its skin by the zeal of
+bird collectors. The other raptorial birds possess little to distinguish
+them from those of other countries.
+
+Many of the genera of the perchers are peculiar to Australia; and the
+brush-like tongues of many species, formed for extracting the honey
+from flowers, have been classed amongst the Australian anomalies. The
+parrot tribe is the most attractive to strangers, and eleven species,
+belonging to not less than eight genera, are found in Tasmania. The
+green and rose-hill parrots (_Platycercus flaviventris_, Temm., and _P.
+eximius_, Shaw) occur in immense flocks in some places, and prove very
+destructive to the ripe grain in the fields, as also injuring the roofs
+of corn stacks in the barn yards. The white cockatoos (_Cacatua
+galerita_, Lath.) were at one time to be seen in immense flocks, but are
+now becoming scarce. Many of the parrots have beautiful plumage, and the
+white cockatoo and rose-hill parrot have occasionally been taught to
+speak.
+
+Two pigeons and four species of quail are all the rasorial birds in the
+island; the true gallinaceous birds being wholly wanting.
+
+Of the thirty species of grallatores the most remarkable is the emu.
+Very few individuals can now exist in the island, and it is to be feared
+that its total extinction will be effected ere it can be ascertained
+whether the Tasmanian bird is identical with that of New Holland. Tame
+emus are common in the colony, but the original stock of most of those
+now domesticated was introduced from Port Phillip.
+
+The fifty-nine species of swimming birds include many sea birds which
+inhabit the Antarctic, Southern Indian, and South Pacific Oceans. That
+"_rara avis_," the black swan, once so common that rivers, bays, points,
+&c., received their names, but a few years ago, from its abundance, is
+now becoming truly a _rara avis_ in the settled parts of the island,
+having been driven from its old haunts by that great intruder, the white
+man. Ducks are numerous, of many species, and form admirable articles of
+food. The sooty petrel (_Puffinus brevicaudus_, Brandt.), or mutton
+bird, occurs in immense flocks in Bass' Strait. Captain Flinders, in his
+_Voyage to Terra Australis_,[271] says that when near the north-west
+extremity of Van Diemen's Land he saw a stream of sooty petrels from
+fifty to eighty yards in depth, and of three hundred yards or more in
+breadth. The birds were not scattered, but flying as compactly as a free
+movement of their wings seemed to allow; and during a full _hour and
+a-half_ this stream of petrels continued to pass without interruption,
+at a rate little inferior to the swiftness of the pigeon. On the lowest
+computation he thought the number could not have been less than a
+hundred millions. This bird burrows in the ground, forming what are
+called by the sealers in the Straits, _rookeries_; and a considerable
+trade was at one time carried on in their feathers, eggs, and salted
+bodies.[272]
+
+With the exception of the pretty but gaudy parrot tribe, our most
+beautiful birds may be said to be the wren (_Malurus longicaudus_,
+Gould), the grosbeak (_Estrelda bella_, Lath.), the king-fisher
+(_Alcyone Diemenensis_, Gould), the diamond birds (_Pardalotus_
+species), and the satin fly-catcher (_Myiagra nitida_, Gould). None of
+the birds equal the songsters of Europe, although many have sweet notes,
+and some are musical, as the magpie (_Gymnorhina organicum_, Gould),
+that lively bird whose cheerful notes delight the ear of every traveller
+at early dawn in the settled districts of Tasmania, to which it is
+restricted.
+
+The distribution of the birds of Tasmania is very partial, differing in
+this respect remarkably from that of the animals. The supply of the
+peculiar food suitable to particular genera and species necessarily
+affects their range, and as one half of the island is still covered by
+the dense primaeval forests, so in that portion few of the birds
+inhabiting the settled districts are to be found. Several of them follow
+the footsteps of man, and as his clearings take place in the remote
+wilds, and corn-fields spring into existence, so many grain-eating birds
+make their appearance. This is entirely irrespective of the regular
+annual migrations of numerous species from New Holland to Tasmania,
+which, in this respect, follow the same law which governs the migrations
+of species inhabiting similar latitudes in the other hemisphere. The
+snipe and swallows usually arrive in Van Diemen's Land during the first
+week in September; and during that month most of those birds which
+migrate for the purpose of breeding also make their appearance. In
+April, or soon after, the various summer visitants take their departure
+northwards. Mr. Gould observes:--"There are also periods when some
+species of birds appear entirely to forsake the part of the country in
+which they have been accustomed to dwell, and to betake themselves to
+some distant locality, where they remain for five or ten years, or even
+for a longer period, and whence they as suddenly disappear as they had
+arrived."
+
+The only birds shot as game in the colony are quail and snipe. Quail
+shooting commences on 1st April, and snipe shooting about 1st September.
+
+
+SECTION III.--FISHES.
+
+Sir John Richardson has described many species of Tasmanian fish in the
+_Transactions of the Zoological Society_, and, more recently, some
+additional species in the _Zoology of H. M. S. Erebus and Terror_. To
+these works we must refer for scientific details, but many are still
+undescribed, and of the habits of our fish in general but little is
+known. Every season new species are brought to market at Hobart Town and
+Launceston, and no doubt many more species yet remain to reward the
+zealous fisherman who will explore the various banks off our coasts. The
+depth of water throughout the whole of Bass' Strait, and between the
+numerous islands which dot its eastern and western extremities, ranges
+between twenty and fifty fathoms only, the latter being the greatest
+depth. In such localities, and more especially amongst the islands,
+where numerous currents occur, fish may be expected to abound; but as
+yet no attempt has been made to extend the fishing beyond the shallow
+smooth water at the mouths of our rivers and estuaries.
+
+Not only are many of the Tasmanian fish admirable as articles of food,
+but there is every reason to believe that they might be caught in
+sufficient numbers to form a valuable export to those countries where
+salt fish is esteemed. The best for this purpose would be that commonly
+known as the "king-fish" (a species of _alepisaurus_), about the size of
+a cod, the _habitat_ of which is still unknown, but which comes
+regularly every season, during the months of May to July, into the
+shallow waters along the coasts, to spawn. It most probably permanently
+inhabits some of the banks in Bass' Strait.
+
+The species considered finest for the table is one called the Trumpeter,
+found commonly in the estuary of the Derwent and Storm Bay, but which is
+rarely caught on the northern coast. Flounders, gar-fish, gurnett
+(_Sebastes maculatus_), and several other species of sea-fish, a bare
+list of which would convey little information, are frequently and
+usually brought to market.
+
+The rivers of Tasmania are not so well supplied with fish as those of
+many other countries. The largest, except an eel, is one called the
+black-fish, which, in some of the rivers which discharge themselves into
+the sea on the north coast, attains a weight of six to eight pounds.
+This fish, it is said, does not exist in the river Derwent, or in any of
+its numerous tributaries. The mullet (or fresh water herring) is a fine,
+well-flavored fish, weighing usually about five ounces, and is the only
+one affording sport to the angler. These, with a species of trout, two
+lampreys, and, perhaps, two or three very small species not usually
+noticed, complete the list of those which inhabit our streams and lakes.
+
+The colonists are now anxious to introduce the Salmon into the Tasmanian
+rivers, for which they seem admirably adapted. Hitherto the attempts
+have been made from Scotland, and failed; but it is supposed that the
+west coast of North America would afford a more favorable and accessible
+station from which to introduce the salmon of that country, which,
+although not so highly flavored as the Scotch species, would still be a
+most desirable acquisition.
+
+Some species of fish are poisonous at all seasons, as the toad-fish
+(_Apistes marmoratus_); others are only occasionally so; and the degree
+of poisonous effect would seem to depend not only upon the state of the
+fish, but to vary very much in different persons who partake of them at
+the same time. There is nothing, however, in these properties of the
+Tasmanian fish to distinguish them from those of many other countries
+where similar peculiarities exist.
+
+
+SECTION IV.--REPTILES.
+
+It will not be necessary, in a work like the present, to do more than
+notice in very general terms this and the subsequent departments of
+zoology, upon none of which have any separate works been published.
+
+Snakes exist all over Tasmania; all are believed to be poisonous, and
+some are well known to be so. They inhabit all localities, from the
+level of the sea to the summits of the loftiest mountains (about five
+thousand feet). The number of species is still undetermined, but there
+are believed to be at least ten, although it is probable that the young
+of some kinds may have been mistaken for distinct species. The largest
+are usually four to five feet long, attaining occasionally, though but
+very rarely indeed, to a length of six feet. The greater number,
+however, are very much smaller, and are very various in color.
+Comparatively few instances have occurred wherein the bite of the snake
+has proved fatal to human life, and this, considering the immense number
+of snakes throughout the island, may be deemed remarkable. Numerous
+instances, however, of the death of horses, cattle, sheep, and dogs,
+have been recorded; but the particular species causing death in each
+instance has not been noted with precision; so that there are
+considerable doubts with many well-informed persons whether some
+innocuous kinds may not, like the ringed snake of England, be classed
+amongst their poisonous congeners, and indiscriminately killed with
+them.
+
+Next to man the hawk tribe are their most powerful and persevering
+enemies; and it would be wise on the part of the colonists if they
+forbade their servants to destroy those beautiful and, in this respect,
+most useful birds. Lady Franklin, during the government of her husband,
+Sir John Franklin, with her wonted liberality and kindness of heart,
+offered a reward of one shilling per head for every snake killed
+throughout the island. During the first year she paid about L700, for
+nearly fourteen thousand snakes killed. Subsequently she discontinued
+this reward, having ascertained that it would not, at that time, prove
+permanently beneficial, as from the very great extent of waste and
+unoccupied land, where snakes could breed undisturbed, they were brought
+down in vast numbers to the inhabited parts of the island by the flooded
+streams and rivers; but it now becomes a question, when so much more of
+the island is occupied, whether our local legislature might not wisely
+renew the offer of a moderate reward for the destruction of these
+obnoxious and much dreaded reptiles.
+
+Lizards and frogs, of various species, are common, but possess no
+peculiar interest. A species of turtle has been occasionally washed
+ashore upon the east coast, brought, no doubt, from the east coast of
+New Holland by the current which sets from that direction towards Van
+Diemen's Land.
+
+SECTION V.--INSECTS.
+
+No work on the entomology of Tasmania has yet appeared, although few
+countries offer a wider or better field to the zealous entomologist, and
+it possesses many most interesting species.[273]
+
+There is a great preponderance of _Coleoptera_ over the other orders.
+Some European forms are common; and several species, as the weevil,
+apple aphis, slug, &c., have been introduced, and prove most injurious,
+as they increase with unusual rapidity. The domestic bee was brought to
+Van Diemen's Land from England by Dr. T. B. Wilson, R.N., in the year
+1834; and so admirably does the climate of this island suit this
+interesting insect that in the first year sixteen swarms were produced
+from the imported hive! Since that time they have been distributed all
+over the island, and have been sent to all the adjoining colonies; all
+those in Australia having been derived from the one hive. In Tasmania
+they are becoming wild in great numbers, spreading themselves rapidly
+through all the forests, even to the summits of the western mountains.
+
+
+SECTION VI.--MOLLUSCA.
+
+Of the mollusca inhabiting the shores of the island many are highly
+interesting, and several are very beautiful. The rare _Cypraea
+umbilicata_ (Sowerby) inhabits Bass' Strait, as also _Trigonia
+margaritacea_ (Lam.), _Valuta papillaris_ (Swainson), _Venus lamellata_
+(Lam.), _Crassatella kingicola_ (Lam.), _solenimya Australis_ (Lam.), a
+species of _Terebratula_, and many others most interesting to the
+conchologist, and not less so to the geologist, as some forms are now
+found living abundantly in the Australian seas which are only known in
+the old world as occurring in a fossil state.
+
+Our Argonaut, or paper nautilus (_A. tuberculosa_, Lam.), is quite
+distinct from the European species, and scarcely less beautiful. It is
+occasionally washed ashore in considerable numbers on the islands in
+Bass' Strait. The beautiful _Janthina fragilis_ has been washed ashore
+with its inhabitant on the east coast.
+
+Although many forms are almost purely Australian, there are,
+nevertheless, a great number of European types, such as species of
+_Mytilus, Venus, Pecten, Ostrea, Patella_, &c.
+
+The only kind of shell-fish commonly consumed as an article of food and
+brought to market is a species of oyster. With the aborigines, however,
+shell-fish formed a very considerable and important article of diet. La
+Billardiere[274] describes their diving for _Haliotis_ at Recherche Bay;
+and abundant remains of their feasts still exist all along the coasts,
+and, in some places, many miles inland, the shell-fish having been
+carried in baskets by the women, to situations where fresh water was to
+be found. The sites of these aboriginal feasts are usually easily to be
+distinguished from raised beaches, or those accumulations of shells
+caused by change in the relative levels of sea and land. They may be
+known by their isolated character and position; by their forming, in
+many instances, round mound-like heaps, or tumuli; by the shells being
+injured by fire, often broken into small pieces, intermixed with
+fragments of charcoal; and from the fact of no small species of shell,
+not likely to form an article of food, being found intermixed.[275] The
+species of shell-fish consumed by the aborigines were numerous, and
+varied according to the locality in which each shell abounded. Those
+commonly used were the two species of _Haliotis_, _Mussels_, a _Turbo_,
+and _Oyster_: several of the smaller _bivalves_ and _univalves_ were,
+however, occasionally used, but it does not appear that the _aborigines_
+of Tasmania ever eat the _Unio_, so far as can now be traced; in this
+instance exhibiting a remarkable difference from those of New Holland,
+with whom the _Unio_ forms an important article of diet.
+
+The land shells are inconsiderable in number, not amounting to more than
+about six species. The freshwater kinds, including those inhabiting
+ditches, ponds, &c., are more numerous; but, except the _unio_, all are
+small and insignificant. Some species occur abundantly in situations
+which are perfectly dry for at least six months of the year, and seem,
+like many snails, to have the power of sustaining life for a long period
+in a dormant state.
+
+
+SECTION VII.--CRUSTACEA, ECHINODERMATA, &c.
+
+Crabs of numerous species are common, and one species, occasionally
+caught on both the east and west coasts, attains to a gigantic size. A
+craw-fish is abundant on the coasts, and is much prized by epicures, and
+another inhabits the rivers which run into the sea on the north coast.
+Many other crustaceans, still undescribed or but little known, are to be
+found in all favorable situations.
+
+There is little in the character of the _echinodermata_ to call for
+special notice. Species of many genera of star-fish and sea urchins are
+most abundant. _Acalephae_ and _polypi_ are equally numerous, and a most
+extensive and little-explored field lies open in this colony to the
+naturalist in these most interesting branches of zoology. Our
+_infusoria_, too, are still undescribed, though numerous; but they call
+for few remarks in this place.
+
+In closing this chapter upon the zoology of Tasmania it must not be
+forgotten by the reader that its productions are still, in a great many
+cases, comparatively unknown; the notices of those described are
+scattered throughout an immense number of works, and in this island no
+museum or public scientific library yet exists, of such a character as
+to afford any aid to the compiler. It is not, however, to be expected
+that a general history of Tasmania should contain a minute history of
+all its varied and most interesting natural productions. It has been
+deemed sufficient, in the present slight sketch, to give in general
+terms merely those leading features which were likely to prove
+attractive to the general reader; leaving it to the student who may
+desire further information to refer to the works which have been noticed
+under the different heads.
+
+FOOTNOTES:
+
+[Footnote 268: _History of British Fossil Mammals and Birds._]
+
+[Footnote 269: It may be as well, also, to observe here that the learned
+Professor's article on the _Marsupialia_, in the same work, leaves
+little to be desired by the student who desires fuller information on
+the comparative anatomy of the marsupial animals.]
+
+[Footnote 270: Mr. Gould, in his introduction, says 181 species, and his
+table shows 172; but we think he has erred in placing some birds under
+the head of Van Diemen's Land, which in the body of his book do not
+appear ever to have been found in it.]
+
+[Footnote 271: Vol. I., introduction, p. 170.]
+
+[Footnote 272: For a very full and excellent description of the habits
+of this bird see a paper by R. H. Davies, Esq., in the _Tasmanian
+Journal_, Vol. II., p. 13.]
+
+[Footnote 273: Two hundred and sixty-two species of Tasmanian insects
+were described by the German entomologist Erichsen, in _Wagner's
+Archives_ for 1842. The Rev. T. J. Ewing, of New Town, the most zealous
+and able Tasmanian entomologist, in a paper in the _Tasmanian Journal_,
+vol. iii., p. 456, quotes the following works, where descriptions of
+Tasmanian insects may be found.--_Leach's Zoological Miscellany,
+Entomological Magazine, The Entomologist, Transactions of the
+Entomological Society of London_, and _Annals of Natural History_.]
+
+[Footnote 274: _Voyage in search of La Perouse._]
+
+[Footnote 275: _Vide_ a paper by R. C. Gunn: _Tasmanian Journal_, vol.
+II., p. 332.]
+
+
+
+
+TASMANIA:
+PRINTED BY J. S. WADDELL, LAUNCESTON.
+
+
+
+             *     *     *     *     *
+
+
+
+NOTES AND ERRATA.
+
+Transcriber's Note: the following errata have been corrected in the text
+above.
+
+   Page 4, for "Charles II." read "Charles I."
+
+   Page 14. This veteran was at the Exhibition of 1851, pointing out the
+   natural productions and conversing with great zest with any person
+   interested in this colony.
+
+   Page 29, for "did not visit," read "did not convey the settlers."
+
+   Page 41. The state of Van Diemen's Land may be inferred by the following
+   evidence of Lieutenant Lord (1812), before the Committee of the Commons.
+   "During eight or nine years we entirely depended on the woods. We had
+   2lbs. of biscuit weekly for thirteen months;"--"We had not a single
+   death." "I have often myself been glad to go to bed for want of bread."
+   Mr. Lord was sometime acting lieutenant governor--the writer has, during
+   a long voyage which his gentlemanly deportment made pleasant, often
+   heard him narrate the difficulties of those early days.
+
+   Page 56. The following extracts from various documents will bear out the
+   statements in the text, in reference to the government proceedings of
+   that day:--
+
+   Crossly, the government lawyer, was transported for putting a "fly in a
+   dead man's mouth"--making a forged will. He drew up the early
+   indictments. He got his pardon this way: he drew bills (L2000), on a man
+   of straw in England. They were returned, but as a convict he could not
+   be sued; therefore Governor King, to protect the creditors, gave him his
+   pardon.--_Judge Adkins' evidence on Johnstone's trial._
+
+   A person was ordered 500 lashes for sedition--_Gazette_, March 1807.
+
+   Bakers using flour above 20 per cent. were threatened to have their
+   ovens demolished.--1806.
+
+   "A breach of regulations, made at the sole will of the Governor, was
+   punished with 500 to 1000 lashes,"--_Report House of Commons Committee_,
+   1812.
+
+   "A man threatened to be as troublesome as Tom Pain, sentenced to 100
+   lashes, and to wear a label on his back with 'Thomas Pain,' written in
+   large characters."--1806.
+
+   The following is Bligh's character of Judge Atkins--"He has been
+   accustomed to inebriety--he has been the ridicule of the community,
+   sentence of death has been pronounced in moments of intoxication, his
+   determination is weak, his opinions floating and infirm, his knowledge
+   of the law insignificant and subject to private inclination; and
+   confidential cases of the crown, where due secresy is required, he is
+   not to be trusted with." (Letter to Secretary of State.) Yet Atkins
+   was his principle adviser.
+
+   Page 65. Major Abbot said, "people err greatly in reference to my
+   court--some think it is a court of law--_but it is not a court of law_;
+   some think it is a court of equity--_but it is not a court of equity_.
+   It is a court of justice and right."
+
+   Page 76, for "100,000," read "10,000."
+
+   Page 107, The following is an example of the pipe system:--"_Free
+   Pardon._--Whereas on the days of Thursday and Friday last, copies of a
+   paper usually called A PIPE, were circulated in the town of Sydney, one
+   being thrown over the wall in George-street, opposite the
+   Lieut.-Governor's house; another at the Provost Marshall's; another at
+   Mrs. Macarthur's; another outside the walls of the Queen's Hospital,
+   opposite the quarters occupied by D'Arcey Wentworth; each paper
+   separately addressed to the above persons, and containing a false,
+   malicious attack on his honor the Lieutenant Governor--it is hereby
+   notified that his Excellency will _give a free and unconditional pardon,
+   and in addition, two hundred pounds sterling_, offered by the officers
+   of the 46th regiment, to any person or persons (not the actual authors
+   of such paper) who will give information that may lead to the conviction
+   of the offenders. May 4, 1816."
+
+   Page 109, for "Lord Goderich," read "Sir G. Murray."
+
+   Page 119. This passage was in type before the bill for an elective
+   assembly passed.
+
+   Page 135, for "quit-rents 2s.," read "2s. per 100 acres."
+
+   Page 143, for "one never cultivated," read "one cultivated."
+
+   Page 152, for "L50,000," read "L5,000."
+
+   Page 152. The actual discoverer of the Burra Mines, Thomas Picket, a
+   labourer, was burned to death in a state of intoxication in 1852.
+
+   Page 172. In this trial the jurors could not agree as to damages, to
+   they set down each a sum, and adding the whole, divided by twelve,
+   which they gave as a verdict.
+
+   Page 173, for "an even number," read "an ancient number."
+
+   Page 183, for "154," read "148" (note).
+
+   Page 249, for "deliberate," read "deliberative."
+
+   Page 267, for "annulled," read "unsettled."
+
+   Page 284, for "July, 1848," read "July, 1847."
+
+   Page 297, for "two monstrous," read "too monstrous."
+
+   Page 303, for "object to," read "object of."
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF TASMANIA, VOLUME I
+(OF 2)***
+
+
+******* This file should be named 24362.txt or 24362.zip *******
+
+
+This and all associated files of various formats will be found in:
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+
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+
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