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neutrality in theological metaphysics allowed to the ministers of the Gospel. I come not to bring peace, &c. The bishop, however, seems to be quite satisfied with himself, when he states, that he has a right to do what he has done-just as if a man's character with his fellow-creatures depended upon legal rights alone, and not upon a discreet exercise of those rights. A man may persevere in doing what he has a right to do, till the chancellor shuts him up in Bedlam, or till the mob pelt him as he passes. It must be presumed, that all men whom the law has invested with rights, nature has invested with common sense, to use those rights. For these reasons, children have no rights till they have gained common sense, and old men have no rights after they lose their common sense. All men are at all times accountable to their fellow-creatures for the discreet exercise of every right they pos

sess.

Excluding Answer.
It is quite agree-

say,

able to Scripture to
share in the work of
his own salvation.'

that man has o

Tenth Article.

'The condition of man after the fall of

Adam is such,, that he cannot turn and strength and good works, to faith, and prepare himself, by his own natural calling upon God. Wherefore, we have no power to do good works pleasant and acceptable to God, without the grace of God by Christ preventing us, that we may have a good will, and working with us when we have that good will.'

On Redemption, his lordship has the following question, Cap. 1st, Question 1st:-Did Christ die for all men, or did he die only for a chosen few? Excluding Answer.

'Christ did not die for a chosen few.' for all men, but only

Part of Article Seventeenth. 'Predestination to life is the everlasting purpose of God, whereby (before the foundations of the world were laid) ho hath constantly decreed by his counsel, secret to us, to deliver from curse and damnation those whom he hath chosen in Christ out of mankind, and to bring them by Christ unto everlasting salvation, as vessels made to honour." Now, whether these answers are right or wrong, we

there appears to be some little colour in the language of the Articles for the errors of the respondent. It does not appear at first sight to be such a deviation from the plain, literal, and grammatical sense of the Articles, as to merit rapid and ignominious ejectment from the bosom of the church.

Prelates are fond of talking of my see, my clergy, my diocese, as if these things belonged to them, as their pigs and dogs belonged to them. They forget that the clergy, the diocese, and the bishops themselves, all exist only for the public good; that the public are a third, and principal party in the whole concern. It is not simply the tormenting Bishop versus the tormented do not presume to decide; but we cannot help saying, Curate, but the public against the system of tormenting; as tending to bring scandal upon religion and religious men. By the late alteration of the laws, the labourers in the vineyard are given up to the power of the inspectors of the vineyard. If he has the meanness and malice to do so, an inspector may worry and plague to death any labourer against whom he may have conceived an antipathy. As often as such cases are detected, we believe they will meet, in either House of Parliament, with the severest reprehension. The noblemen and gentlemen of England will never allow their parish clergy to be treated with cruelty, injustice, and caprice, by men who were parish clergymen themselves yesterday, and who were trusted with power for very different purposes.

The Bishop of Peterborough complains of the insolence of the answers made to him. This is certainly not true of Mr. Grimshawe, Mr. Neville, or of the author of the Appeal. They have answered his lordship with great manliness, but with perfect respect. Does the bishop expect that humble men, as learned as himself, are to be driven from their houses and homes by his new theology, and then to send him letters of thanks for the kicks and cuffs he has bestowed upon them? Men of very small incomes, be it known to his lordship, have very often very acute feelings; and a curate trod on feels a pang as great as when a bishop is refuted.

We shall now give a specimen of some answers, which, we believe, would exclude a curate from the diocess of Peterborough, and contrast these answers with the articles of the church to which they refer. The 9th Article of the Church of England is upon Original Sin. Upon this point his lordship puts the following question:

'Did the Fall of Adam produce such an effect on his posterity, that mankind became thereby a mass of mere corruption, or of absolute and entire depravity? Or is the effect only such, that we are very far gone from original righteousness, and of our own nature inclined to evil?' Excluding Answer.

The fall of Adam produced such an effect on his posterity, that mankind became thereby a mass of corruption, or of absolute and entire depravity.'

The Ninth Article.

'Original sin standeth not in the following of Adam (as the Pelagians do vainly talk); but it is the fault or corruption of the nature of every man, that naturally is engendered of the offspring of Adam, whereby man is very far gone from original righteousness, and is of his own nature inclined to evil, so that the desh always lusteth contrary to the spirit; and therefore in every person born into the world, it deserveth God's

wrath and damnation.'

The 9th Question, Cap. 3d, on Free Will, is as follows:-Is it not contrary to Scripture to say, that man has share in the work of his salvation?

Now we have done with the bishop. We give him all he asks as to his legal right; and only contend, that he is acting a very indiscreet and injudicious part-fatal to his quiet, fatal to his reputation as a man of sense, blamed by ministers, blamed by all the Bench of Bishops, vexatious to the clergy, and highly injurious to the church. We mean no personal disre spect to the bishop; we are as ignorant of him as of his victims, We should have been heartily glad if the debate in Parliament had put an end to these blamea ble excesses; and our only object, in meddling with the question, is to restrain the arm of power within the limits of moderation and justice; one of the great objects which first led to the establishment of this Journal, and which, we hope, will always continue to characterize its efforts.

1.

2.

BOTANY BAY. (EDINBURGH REVIEW, 1823.)
Letter to Earl Bathurst, by the Hon. H. Grey Bennet, M.P.
Report of the Commissioner of Inquiry into the State of the
Colony of New South Wales. Ordered by the House of Com-
mons to be printed, 19th June, 1822.

MR. BIGGE'S Report is somewhat long, and a little clumsy; but it is altogether the production of an hon est, sensible, and respectable man, who has done his duty to the public, and justified the expense of his mission to the fifth or pickpocket quarter of the globe.

What manner of man is Governor Macquarrie ?-is all that Mr. Bennet says of him in the House of Com. mons true? These are the questions which Lord Ba thurst sent Mr. Bigge, and very properly sent him, 28,000 miles to answer. The answer is, that Governor Macquarrie is not a dishonest man, nor a jobber; but arbitrary, in many things scandalously negligent, very often wrong-headed, and, upon the whole, very defi cient in that good sense, and vigorous understanding, which his new and arduous situation so manifestly requires.

Ornamental architecture in Botany Bay! How it could enter into the head of any human being to adorn public buildings at the Bay, or to aim at any other architectural purpose but the exclusion of wind and rain, we are utterly at a loss to conceive. Such an expense is not only lamentable for the waste of property it makes in the particular instance, but because it de stroys that guarantee of sound sense which the government at home must require in those who preside over distant colonies. A man who thinks of pillars

and pilasters, when half the colony are wet through for want of any covering at all, cannot be a wise or prudent person. He seems to be ignorant, that the prevention of rheumatism in all young colonies is a much more important object than the gratification of taste, or the display of skill.

123

and employed so numerous a gang of workmen, only because the inhabitants could not employ them, Mr. Bigge informs us, that their services would have been most acceptable to the colonists. Most of the settlers, at the time of Mr. Bigge's arrival, from repeated refusals and disappointments, had been so convinced of the impossibility of obtaining workmen, that they had ceased to make application to the governor. Is

of convicts, and capable of guarding his limbs from any sudden collision with odometrous stones, or vertical posts of direction, should make no distinction between the simple convict and the double and treble convict-the man of three juries, who has three times appeared at the Bailey, trilarcenous-three times dri

ven over the seas?

'I think it necessary to notice the want of attention that has prevailed, until a very late period, at Sydney, to the circumstances of those convicts who have been transported a second and a third time. Although the knowledge of these facts is transmitted in the hulk lists, or acquired without difficulty during the passage, it never has occurred to Governor Macquarrie or to the superintendents of convicts, to make any difference in the condition of these men, not even to disappoint the views that they may be supposed to have indulged by the success of a criminal enterprise in England, and by transferring the fruits of it to New South Wales.

'I suggested to Governor Macquarrie the expediency of stopping all work then in progress that was merely of an orna-it to be believed, that a governor, placed over a land mental nature, and of postponing its execution till other more important buildings were finished. With this view it was that I recommended to the governor to stop the progress of a large church, the foundation of which had been laid previous to my arrival, and which, by the estimate of Mr. Greenway, the architect, would have required six years to complete. By a change that I recommended, and which the governor adopted, in the destination of the new court-house at Sydney, the accommodation of a new church is probably by this time secured. As I conceived that considerable advantage had been gained by inducing Governor Macquarrie to suspend the progress of the larger church, I did not deem it necessary to make any pointed objection to the addition of these ornamental parts of the smaller one; though I regretted to observe in this instance, as well as in those of the new stables at Sydney, the turnpikegate-house, and the new fountain there, as well as in the repairs of an old church at Paramatta, how much more the embellishment of these places had been considered by the governor than the real and pressing wants of the colony. The buildings that I had recommended to his early attention in Sydney, were, a new gaol, a school-house, and a market-house. The defects of the first of these buildings will be more particularly pointed out when I come to describe the buildings that have been erected in New South Wales. It is sufficient for me now to observe that they were striking, and of a nature not to be remedied by additions or repairs. The other two were in a state of absolute ruin; they were also of undeniable importance and necessity. Having left Sydney in the month of November, 1820, with these impressions, and with a belief that the suggestions I had made to Governor Macquarrie respecting them had been partly acted upon, and would continue to be so during my absence in Van Diemen's Land, it was not without much suprise and regret that I learnt, during my residence in that settlement, the resumption of the work at the large church in Sydney, and the steady continuation of the others that I had objected to, especially the governor's stables at Sydney. I felt the greater surprise in receiving the information respecting this last-named structure, during my absence in Van Diemen's Land, as the governor himself had, upon many occasions, expressed to me his own regret at having ever sanctioned it, and his consciousness of its extravagant dimensions and ostentatious character.'-Report, pp. 51, 52.

To accomplish this very simple but important object, nothing more was necessary than to consign these men to any situation rather than that which their friends had selected for them, and distinctly to declare in the presence of their comrades at the first muster on the ir arrival, that no consideration or favour would be shown to those who had violated the law a second time, and that the mitigation of their sentences must be indefinitely postponed.'-Report, p. 19.

We were not a little amused at Governor Macquar rie's laureate-a regular Mr. Southey-who, upon the king's birth day, sings the praises of Governor Macquarrie. The case of this votary of Apollo and Mercury was a case for life; the offence a menacing epistle, or, as low people call it, a threatening letter. He has been pardoned, however-bursting his shackles, like Orpheus of old, with song and metre, and is well spoken of by Mr. Bigge, but no specimen of his poetry given. One of the best and most enlightened men in the settlement appears to be Mr. Marsden, a clergyman at Paramatta. Mr. Bennet represents him One of the great difficulties of Botany Bay is to find as a gentleman of great feeling, whose life is embit. proper employment for the great mass of convicts who tered by the scenes of horror and vice it is his lot to are sent out. Governor Macquarrie selects all the witness at Paramatta. Indeed, he says of himself, best artisans, of every description, for the use of go. that, in consequence of these things, he does not envernment; and puts the poets, attorneys, and politici-joy one happy moment from the beginning to the end of the week? This letter, at the time, produced a aus, up to auction. The evil consequences of this are manifold. In the first place, from possessing so many very considerable sensation in this country. The idea life in the midst of scenes of crime and debauchery to ed into a builder; and immense drafts are drawn upon which he can apply no corrective is certainly a very of the best artificers, the governor is necessarily turn- of a man of refinement and feeling wearing away his the treasury at home, for buildings better adapted for Regent street than the Bay. In the next place, the melancholy and affecting picture; but there is no story, however elegant and eloqnent, which does not require, poor settler, finding that the convict attorney is very for the purposes of justice, to be turned to the other awkward at cutting timber, or catching kangaroos, soon returns him upon the hands of government, in a side, and viewed in reverse. much worse plight than that in which he was received. (says Mr. Bigge), being himself accustomed to traffic Not only are governors thus debauched into useless in spirits, must necessarily feel displeased at having so many public houses licensed in the neighbourhood. and expensive builders, but the colonists, who are -(p. 14.) scheming and planning with all the activity of new settlers, cannot find workmen to execute their designs.

What two ideas are more inseparable than beer and Britannia?-what event more awfully important to an English colony, than the erection of its first brewhouse?-and yet it required, in Van Dieman's Land, the greatest solicitation to the government, and all the influence of Mr. Bigge, to get it effected. The government, having obtained possession of the best workmen, keep them; their manumission is much more infrequent than that of the useless and unprofitable convicts; in other words, one man is punished for his skill, and another rewarded for his inutility. Guil ty of being a locksmith-guilty of stone-masonry, or brick-making;-these are the second verdicts brought in, in New South Wales; and upon them the duration or mitigation of punishment awarded in the mothercountry. At the very period when the governor assured Lord Bathurst, in his despatches, that he kept

The Rev. Mr. Marsden

'As to Mr. Marsden's troubles of mind,' (says the governor,) and pathetic display of sensibility and humanity, they must be so deeply seated, and so far removed from the surface, as to escape all possible observation. His habits are those of a man for ever engaged in some active, animated pursuit. No man travels more from town to town, or from house to house. His deportment is at all times that of a person the most gay and happy. When I was honoured with his society, he was by far the most cheerful person I met in the colony. Where his hours of sorrow were spent, it is hard to divine; for the variety of his pursuits, both in his own concerns and those of others, is so extensive, in farming, grazing, manufactories, transactions, that, with his clerical duties, he seems, to use a common phrase, to have his hands full of work. And the particular subject to which he imputes this extreme depression of mind, is, besides, one for which few people here will give him much credit.'-Macquarrie's Letter to Lord Sidmouth, p. 18.

There is certainly a wide difference between a man of so much feeling, that he has not a moment's happi

* Vide Report, p. 146.

ness from the beginning to the end of the week, and a little merry bustling clergyman, largely concerned in the sale of rum, and brisk at a bargain for barley. Mr. Bigge's evidence, however, is very much in favour of Mr. Marsden. He seems to think him a man of highly respectable character and superior understanding, and that he has been dismissed from the magistracy by Governor Macquarrie, in a very rash, unjustifiable, and even tyrannical manner; and in these opinions, we must say, the facts seem to bear out the report of

the commissioner.

Colonel Macquarrie not only dismisses honest and irreproachable men in a country where their existence is scarce, and their services inestimable, but he advances convicts to the situation and dignity of magistrates. Mr. Bennet lays great stress upon this, and makes it one of his strongest charges against the governor; and the commissioner also takes part against it. But we confess we have great doubts on the subject and are by no means satisfied, that the system of the governor was not, upon the whole, the wisest and best adapted to the situation of the colony. Men are governed by words; and by the infamous term convict, are comprehended crimes of the most different degrees and species of guilt. One man is transported for stealing three hams and a pot of sausages; and in the next berth to him on board the transport is a young surgeon, who has been engaged in the mutiny at the Nore; the third man is for extorting money; the fourth was in a respectable situation of life at the time of the Irish rebellion, and was so ill read in history, as to imagine that Ireland had been ill treated by England, and so bad a reasoner as to suppose, that nine Catholics ought not to pay tithes to one Protestant. Then comes a man who set his house on fire, to cheat the Phoenix office; and lastly, that most glaring of all human villains, a poacher, driven from Europe, wife and child, by thirty lords of manors, at the Quarter Sessions, for killing a partridge. Now, all these are crimes no doubt-particularly the last; but they are surely crimes of very different degrees of intensity, to which different degrees of contempt and horror are attached-and from which those who have committed them may, by subsequent morality, emancipate themselves, with different degrees of difficulty, and with more or less of success. A warrant granted by a reformed bacon stealer would be absurd; but there is hardly any reason why a foolish hot-brained young blockhead, who chose to favour the mutineers at the Nore, when he was sixteen years of age, may not make a very loyal subject, and a very respectable and respected magistrate when he is forty years of age, and has cast his Jacobine teeth, and fallen into the practical jobbing and loyal baseness which so commonly developes itself about that period of life. Therefore, to say that a man must be placed in no situation of trust or elevation, as a magistrate, merely because he is a convict, is to govern mankind with a dictionary, and to surrender sense and usefulness to sound. Take the following case, for instance, from Mr. Bigge:

-

The next person from the same class, that was so distinguished by Gov. Macquarrie, was the Rev. Mr. Fulton. He was transported by the sentence of a court martial in Ireland, during the Rebellion; and on his arrival in New South Wales in the year 1800, was sent to Norfolk Island to officiate as chaplain. He returned to New South Wales in the year 1804, and performed the duties of chaplain at Sydney and Para

matta.

In the divisions that prevailed in the colony previous to the arrest of Governor Bligh, Mr. Fulton took no part; but happening to form one of his family when the person of the governor was menaced with violence, he courageously opposed himself to the military party that entered the house, and gave an example of courage and devotion to Governor Bligh, which, if partaken either by the officer or his few adherents, would have spared him the humiliation of a personal arrest, and rescued his authority from open and violent suspension. Report, pp. 83, 84.

line and control, but who are sent to learn it in the bitter school of adversity. And when this medicine produces its proper effect-when sufficient time has been given to show a thorough change in character and disposition-a young colony really cannot afford to dispense with the services of any person of superior talents. Activity, resolution, and acuteness, are of such immense importance in the hard circumstances of a new state, that they must be eagerly caught at, and employed as soon as they are discovered. Though all may not be quite so unobjectionable as could be wished

'Res dura, et regni novitas me talia cogunt

Moliri'

as Colonel Macquarrie probably quoted to Mr. Commissioner Bigge. As for the conduct of those extramoralists, who come to settle in a land of crime, and refuse to associate with a convict legally pardoned, however light his original offence, however perfect his subsequent conduct-we have no toleration for such folly and foppery. To sit down to dinner with men who have not been tried for their lives is a luxury which cannot be enjoyed in such a country. It is entirely out of the question; and persons so dainty, and so truly admirable, had better settle at Clapham Common than at Botany Bay. Our trade in Australasia is to turn scoundrels into honest men. If you come among us, and bring with you a good character, and will lend us your society, as a stimulus and reward to men recovering from degradation, you will confer the greatest possible benefit upon the colony; but if you turn up your nose at repentance, insult those unhappy people with your character, and fiercely stand up as a moral bully, and a virtuous braggadocio, it would have been far better for us if Providence had directed you to any other part of the globe than to Botany Baywhich was colonized, not to gratify the insolence of Pharisees, but to heal the contrite spirit of repentant sinners. Mr. Marsden, who has no happiness from six o'clock Monday morning, till the same hour the week following, will not meet pardoned convicts in society. We have no doubt Mr. Marsden is a very respectable clergyman; but is there not something very different from this in the Gospel? The most resolute and inflexible persons in the rejection of pardoned convicts were some of the marching regiments stationed at Botany Bay-men, of course, who had uniformiy shunned, in the Old World, the society of gamesters, prostitutes, drunkards, and blasphemers who had ruined no tailors, corrupted no wives, and had entitled themselves, by a long course of solemnity and decorum, to indulge in all the insolence of purity and virtue.

In this point, then, of restoring convicts to society, we side, as far as the principle goes, with the gover. nor; but we are far from undertaking to say that his application of the principle has been on all occasions prudent and judicious. Upon the absurdity of his conduct in attempting to force the society of the pardoned convicts upon the undetected part of the colony, there can be no doubt. These are points upon which every body must be allowed to judge for themselves. The greatest monarchs in Europe cannot control opinion upon those points-sovereigns far exceeding Colonel Lachlan Macquarrie, in the antiquity of their dynasty, and the extent, wealth, and importance of their empire.

'It was in vain to assemble them' (the pardoned convicts) even on public occasions, at Government House, and to point them out to the especial notice and favour of strangers, or to favour them with particular marks of his own attention upon these occasions, if they still continued to be shunned, or disregarded by the rest of the company.

"With the exception of the Rev. Mr. Fulton, and, on some occasions, of Mr. Redfern, I never observed that the other persons of this class participated in the general attentions of the company; and the evidence of Mr. Judge Advocate Wylde and Major Bell both prove the embarrassment in which they were left on occasions that came within their notice.

Nor has the distinction that has been conferred upon them

The particular nature of the place too must be remembered. It is seldom, we suspect, that absolute dunces go to the Bay, but commonly men of active by Governor Macquarrie produced any effect in sul duing the prejudices or objections of the class of free inhabitants to assominds, and considerable taleuts in their various lines ciate with them. One instance only has occurred, which the -who have not learnt, indeed, the art of self-discip-wife of a respectable individual, and a magistrate, has been

visited by the wives of the officers of the garrison, and by a few of the married ladies of the colony. It is an instance that reflects equal credit upon the individual herself, as upon the feelings and motives of those by whom she has been noticed; but the circumstances of her case were very peculiar, and those that led to her introduction to society were very much of a personal kind. It has generally been thought that such instances would have been more numerous if Governor Macquarrie had allowed every person to follow the dictates of their own judgment upon a subject, which, of all others, men are least disposed to be dictated to, and most disposed to judge for themselves." Although the emancipated convicts, whom he has selected from their class, are persons who generally bear a good character in New South Wales, yet that opinion of them is by no means universal. Those, however, who entertained a good opinion of them would have proved it by their notice, as Mr. M'Arthur has been in the habit of doing, by the kind and marked notice that he took of Mr. Fitzgerald; and those who entertained a different opinion, would not have contracted an aversion to the principle of their introduction, from being obliged to witness what they considered to be an indiscreet and erroneous application of it.'-Report, p. 150.

We do not think Mr. Bigge exactly seizes the sense of Colonel Macquarrie's phrase, when the colonel speaks of restoring men to the rank of society they have lost. Men may either be classed by wealth and education, or by character. All honest men, whether counts or cobblers, are of the same rank, if classed by moral distinctions. It is a common phrase to say that such a man can no longer be ranked among honest men; that he has been degraded from the class of respectable persons; and, therefore, by restoring a convict to the rank he has lost, the governor may very fairly be supposed to mean the moral rank. In discussing the question of granting offices of trust to convicts, the importance of the Sclerati must not be overlooked. Their numbers are very considerable. They have one-eigthth or all the granted land in the colony; and there are among them individuals of very large fortune. Mr. Redfern has 2600 acres, Mr. Lord 4365 acres, and Mr. Samuel Terry 19,000 acres. As this man's history is a specimen of the mud and dirt out of which great families often arise, let the Terry Filii the future warriors, legislators, and nobility of the Bay, learn from what, and whom, they sprang.

The first of these individuals, Samuel Terry, was transported to the colony when young. He was placed in a gang of stone masons at Paramatta, and assisted the building of the gaol. Mr. Marsden states, that during this period he was brought before him for neglect of duty, and punished; but by his industry in other ways, he was enabled to set up a small retail shop, in which he continued till the expiration of his term of service. He then repaired to Sydney, where he extended his business, and, by marriage, increased his capital. He for many years kept a public house and retail shop, to which the smaller settlers resorted from the country, and where, after intoxicating themselves with spirits, they signed obligations and powers of attorney to confess judgment, which were always kept ready for execution. By these means, and by an active use of the common arts of overreaching ignorant men, Samuel Terry has been able to accumulate a considerable capital, and a quantity of land in New South Wales, inferior only to that which is held by Mr. D'Arcy Wentworth. He ceased, at the late regulations introduced by the magistrates at Sydney, in February, 1820, to sell spirituous liquors, and he is now become one of the principal speculators in the purchase of investments at Sydney, and lately established a water-mill in the swampy plains between that town and Botany Bay, which did not succeed. Out of the 19,000 acres of land held by Samuel Terry, 140 only are stated to be cleared; but he possesses 1450 head of horned cattle, and 3800 sheep.'-Report, p. 141.

Upon the subject of the New South Wales Bank,Mr. Bigge observes,

Upon the first of these occasions, it became an object both with Governor Macquarrie and Mr. Judge-Advocate Wyld, who took an active part in the establishment of the bank, to unite in its favour the support and contributions of the individuals of all classes of the colony. Governor Macquarrie felt assured that, without such co-operation, the bank could not be established; for he was convinced that the emancipated convicts were the most opulent members of the community. A committee was formed for the purpose of drawing up the rules and regulations of the establishment, in which are to be. found the names of George Howe, the printer of the Sydney Gazette, who was also a retail dealer; Mr. Simon Lord, and Mr. Edward Eager, all emancipated convicts, and the last only conditionally.

'Governor Macquarrie had always understood, and strongly wished, that in asking for the co-operation of all classes of the community in the formation of the bank, a sh re in its direction and management should also be communicated to them.' -Report, p. 130.

In the discussion of this question, we became acquainted with a piece of military etiquette, of which we were previously ignorant. An officer, invited to dinner by the governor, cannot refuse, unless in case of sickness. This is the most complete tyranny we ever heard of. If the officer comes out to his duty at the proper minute, with his proper number of buttons and epaulettes, what matters it to the governor or any body else, where he dines? He may as well be ordered what to eat, as where to dine-be confined to the upper or under side of the meat-be denied gravy, or refused melted butter. But there is no end to the small tyranny, and puerile vexations of a military life.

The mode of employing convicts upon their arrival appears to us very objectionable. If a man is skilful as a mechanic, he is added to the government gangs; and in proportion to his skill and diligence, his chance of manumission, or of remission of labour, is lessened. If he is not skilful, or not skilful in any trade wanted by government, he is applied for by some settler,-to whom he pays from 5s. to 10s. a-week; and is then left at liberty to go where, and work for whomsoever, be pleases. In the same manner, a convict who is rich is applied for, and obtains his weekly liberty and idleness by the purchased permission of the person to whom he is consigned.

The greatest possible inattention or ignorance appears to have prevailed in manumitting convicts for labour-and for such labour! not for cleansing Augean stabies, or draining Pontine marshes, or damming out a vast length of the Adriatic, but for working five weeks with a single horse and cart in making the road to Bathurst Plains. Was such labour worth five pounds? And is it to be understood, that liberty is to be restored to any man who will do five pounds' worth of work in Australasia? Is this comment upon transportation to be circulated in the cells of Newgate, or in the haunts of those persons who are doomed to inhabit them?

Another principle by which Governor Macquarrie has been guided in bestewing pardons and indulgences, is that of considering them as rewards for any particular labour or enterprise. It was upon this principle, that the men who were employed in working upon the Bathurst road, in the year 1815, and those who contributed to that operation by the loan of their own carts and horses, or of those that they procured, obtained pardons, emancipations, and tickets of leave. To 39 men who were employed as labourers in this work, three free pardons were given, one ticket of leave, and 35 emancipations; and two of them only had held tickets of leave before they commenced their labour. Seven convicts received emancipations for supplying horses and carts for the carriage of provisions and stores as the party was proceeding; six out of this number having previously held tickets of leave.

Eight other convicts (four of whom held tickets of leave) received emancipations for assisting with carts, and one horse to each, in the transport of provisions and baggage for the use of Governor Macquarrie and his suite, on their journey from the river Nepean to Bathurst, in the year 1816; a service that did not extend beyond the period of five weeks, and was attended with no risk, and very little exertion.

'Between the months of January, 1816, and June, 1818, nine convicts, of whom six held tickets of leave, obtained emancipations for sending carts and horses to convey provisions and baggage from Paramatta to Bathurst, for the use of Mr. Oxley, the surveyor-general, in his two expeditions into the interior

of the country. And in the same period, 23 convict labourers

and mechanics obtained emancipations for labour and service performed at Bathurst.

and the manner in which some of them were recommended, 'The nature of the services performed by these convicts, excited much surprise in the colony, as well as great suspicion of the purity of the channels through which the recommendations passed.'-Report, pp. 122, 123.

If we are to judge from the number of jobs detected by Mr. Bigge, Botany Bay seems very likely to do justice to the mother-country from whence it sprang. Mr. Redfern, surgeon, seems to use the public rhubarb for his private practice. Mr. Hutchinson, superintendent, makes a very comfortable thing of the assignment of convicts. Major Druit was found selling their

own cabbages to government in a very profitable manner; and many comfortable little practices of this nature are noticed by Mr. Bigge.

Among other sources of profit, the superintendent of the convicts was the banker; two occupations which seem to be eminently compatible with each other, inasmuch as they afford to the superintendent the opportunity of evincing his impartiality and loading with equal labour every convict, without reference to their banking account to the profit they afford, or the trouble they create. It appears, however (very strangely), from the report, that the money of convicts was not always recovered with the same readiness it was received.

Mr. Richard Fitzgerald, in September, 1819, was comptroller of Provisions in Emu Plains, storekeeper at Windsor, and superintendent of government works at the same place. He was also a proprietor of land and stock in the neighbourhood, and kept a public house in Windsor, of which an emancipated Jew was the ostensible manager, upon whom Fitzgerald gave orders for goods and spirits in payment for labour on the public works. These two places are fifteen miles distant from each other, and convicts are to be watch ed and managed at both. It cannot be imagined that the convicts are slow in observing or following these laudable examples; and their conduct will add another instance of the vigilance of Macquarrie's govern

It might naturally be supposed, that any man sent across the globe with a good salary, for the express purpose of governing, and, if possible, of reforming convicts, would have preferred the morals of his convicts to the accommodation of his horses. Let Mr. Bigge, a very discreet and moderate man, be heard upon these points.

Mr. Marsden, that he justified the delay that occurred, and Having observed, in Governor Macquarrie's answer to was still to take place, in the construction of a proper place of reception for the female convicts, by the want of any specific instructions from your lordship to undertake such a building, and which he states that he solicited at an early period of nis government, and considered indispensable, I felt it to be my duty to call to the recollection of Governor much less urgent necessity than the factory at Paramatta, Macquarrie, that he had undertaken several buildings of without waiting for any such indispensable authority: and I now find that the construction of it was announced by him to your lordship in the year 1817, as then in his contemplation, without making any specific allusion to the evils which the want of it had so long occasioned; that the contract for building it was announced to the public on the 21st May, 1818, and that your lordship's approval of it was not reached Governor Macquarrie's hands until nearly a year signified until the 24th August, 1818, and could not have after thework had been undertaken. It appears, therefore, that if want of authority had been the sole cause of delay in building the factory at Paramatta, that cause would not only have operated in the month of March, 1818, but it would have continued to operate until the want of authority had been formerly supplied. Governor Macquarri, however, 'The stores and materials used in the different buildings at must be conscious, that after he had stated to Mr. Marsden Sydney are kept in a magazine in the lumber yard, and are in the year 1815, and with an appearance of regret, that the distributed according to the written requisitions of the differ- want of authority prevented him from undertaking the conent overseers that are made during the day, and that are ad-struction of a building of such undeniable necessity and imdressed to the storekeeper in the lumber yard. They are con-portance as the factory at Paramatta, he had undertaken veyed from thence to the buildings by the convict mechanics; several buildings, which, though useful in themselves, were and no account of the expenditure or employment of the stores of less comparative importance; and had commenced, in the is kept by the overseers, or rendered to the store-keeper. It month of August, 1817, the laborious and expensive construcwas only in the early part of the year 1820 that an account tion of his own stables at Sydney, to which I have already alludwas opened by him of the different materials used in each ed, without any previous communication to your lordship, work or building; and in February, 1821, this account was and in direct opposition to an instruction that must have considerably in arrear. The temptation, therefore, that is then reached him, and that forcibly warned him of the conafforded to the convict mechanics who work in the lumber-sequences.'-Report, p. 71. yard, in secreting tools, stores, and implements, and to those who work at the different buildings, is very great, and the loss to government is considerable. The tools, moreover, have not latterly been mustered as they used to be once a month, except where one of the convicts is removed from Sydney to another station.'-Report, pp. 36, 37.

ment.

If it was right to build fine houses in a new colony, common sense seems to point out a control upon the expenditure, with such a description of workmen. What must become of that country where the buildings are useless, the governor not wise, the public the paymaster, the accounts not in existence, and all the

artisans thieves?

An horrid practice prevailed, of the convicts accepting a sum of money from the captain, in their voyage out. in lieu of their regular ration of provisions. This ought to be restrained by the severest penalties.

What is it that can be urged for Governor Macquarrie, after the following picture of the hospital at Paramatta? It not only justifies his recall, but seems to require (if there are means of reaching such neglect) his severe punishment.

The women, who had become most profligate and hardened by habit, were associated in their daily tasks with those who had very lately arrived, to whom the customs and practices of the colony were yet unknown, and who might have escaped the consequences of such pernicious lessons, if a little care, and a small portion of expense, had been spared in providing them with a separate apartment during the hours of labour. As a place of employment, the factory at Paramatta was not only very defective, but very prejudicial. The insufficient accommodation that it afforded to those females who might be well disposed, presented an early incitement, if not an excuse, for their resorting to indiscriminate prostitution; and on the evening of their arrival at Paramatta, those who were not deploring their state of abandonment and distress, were traversing the streets in search of the guilty means of future support. The state in which the place itself was kept, and the state of disgusting filth in which I found it, both on an early visit after my arrival, and on one preceding my departure; the disordered, unruly, and licentious appearance of the women, manifested the little degree of control in which the female convicts were kept, and the little attention that was paid to any thing beyond the mere performance of a certain portion of labour.' - Report, p. 70.

It is the fashion very much among the tories of the House of Commons, and all those who love the effects of public liberty, without knowing or caring how it is preserved, to attack every person who complains of sooner is the name of any public thief, or of any torabuses, and to accuse him of gross exaggeration. No mentor, or oppressor, mentioned in that honourable house, than out bursts the spirit of jobbing eulogium, and there is not a virtue under heaven which is not ascribed to the delinquent in question, and vouched for by the most irrefragable testimony. If Mr. Bennet or Sir Francis Burdett had attacked them, and they had now been living, how many honourable inembers would have vouched for the honesty of Dudley and Empson, the gentleness of Jeffries, or the genius of Blackmore? What human virtue did not Aris and the governor of 11chester gaol possess? Who was not ready to come forward to vouch for the attentive humanity of Gover nor Macquarrie? What scorn and wit would it have

produced from the treasury bench, if Mr. Bennet had

stated the superior advantages of the horses over the convicts ?-and all the horrors and immoralities, the filth and wretchedness, of the female prison of Parathe power of contradiction, ought to convince the matta? Such a case, proved, as this now is beyond most hardy and profligate scoffers, that there is really a great deal of occasional neglect, and oppression in the conduct of public servants; and that in spite of all the official praise, which is ever ready for the perpesation which should be dragged to the light of day, trators of crime, there is a great deal of real malverby the exertions of bold and virtuous men. If we had found, from the report of Mr. Bigge, that the charges of Mr. Bennet were without any, or without adequate foundation, it would have given us great pleasure to have vindicated the governor; but Mr. Bennet has proved his indictment. It is impossible to read the foregoing quotation, and not to perceive, that the con duct and proceedings of Governor Macquarrie imperiously required the exposure they have received; and that it would have been much to the credit of govern

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