But these combinations led to other crimes. The robbers had their accomplices and abettors: the theft complete, they grew suspicious of each other, and some who disappeared, were sacrificed by the jealousy of their companions. When engaged in these depredations, they usually set a watch: a cautious traveller avoided inquiry, and well authenticated instances proved how perilous, in those days of violence, was an expression of curiosity or suspicion.

To stop these plundering habits, the King's Commissioner Bigge advised a periodical sitting of the court in Van Diemen's Land. In 1821, Judge Wylde visited this country, and for various crimes, twenty-five persons were condemned to death, of whom ten were executed. One hundred and sixteen persons were incarcerated prior to his arrival--a large proportion, compared with the census (7,372); but two years after, the number charged with similar offences proved that crime was not abated.

Among those who suffered death was George Richardson: his case ill.u.s.trated the process by which such felonies were perpetuated.

Formerly the confidential servant of Colonel Davey, he was employed by Dr. Scott, and had charge of his flock--himself being an owner of stock.

Having received an order to supply Doctor Spence a quant.i.ty of sheep, he deliberately separated them from a neighbour's flock, and drove them to their destination, with the coolness proper to an ordinary transaction.

The proof of guilt was too clear to be affected by artifice, though calculated to elude suspicion by its very deliberation. Nor is it difficult, when examining the criminal records of those times, to suppose, that the trepidation natural when violating the law, was overcome by the indifference of habit.

Few of the higher cla.s.ses, it may be presumed, connived at these nefarious transactions: one memorable instance, proved that no cla.s.s is absolutely safe in an atmosphere of guilt. A settler, connected with a Scottish family of great respectability, thus forfeited his life. It was stated that his robberies were incessant, and that he leagued with bushrangers; to whom, perhaps constrained by fear, he gave notice of danger by signals. A secluded sheep-yard was discovered, and a large sheep brand, of a remarkable shape: at a distance, four hundred sheep were found, bearing the mark newly made, which was contrived to obliterate the brand of Mr. Jones, the owner. The culprit had prepared this flock, to transfer to another person, to whom a number were due. It was in vain that witnesses testified to his character and to the respectability of his house: the jury p.r.o.nounced him guilty, and he was executed. A friend, who accompanied him to the scaffold, heard him say, that that moment was the most happy of his life! It doubtless brought deliverance. He left behind an infant family, the last of whom was born while the father was in prison, and an aged parent in Scotland; who, long after he was dead, indulged her maternal tenderness, by preparing clothing for his use, and hoping for tidings of his prosperity. His name is suppressed, lest even now the record of his fate might meet the eye of a mourner.

Society, as it then existed, nourished every species of crime: tattered promissory notes, of small amount and doubtful parentage, fluttered about the colony: dumps, struck out from dollars, were imitated by a coin prepared without requiring much mechanical ingenuity; and plate, stolen by bushrangers and burglars, was melted down and disposed of in a similar form.

Nothing was neglected: they burnt the implements of husbandry for the iron; they robbed the gibbet of the chains: they even wrenched the plate from the coffin of an opulent merchant, and stripped him of his shroud.[94]

In looking at the origin of the population, and the various inducements continually offered to the perpetration of wickedness, the total dissolution of manners is no subject of surprise. It was, perhaps, but a small aggravation, that prost.i.tution and concubinage were held too venial for remark: many of the officers of government made no secret of their relation to the women whom they adopted as mistresses, and sometimes respected as wives. Among the anomalies of the day, was the release of such females from compulsory attendance on divine worship, on account of the official preference they enjoyed--a curious immunity from a penal obligation: to be taken, perhaps, as a sinister acknowledgment, that the government was not insensible to virtue--as the Russian courtezan extinguishes the candle of ceremony, and veils her patron saint.[95]

Sorell, on his accession to the government, attempted to reform the more flagrant abuses by which he was surrounded: he was aided in his task by Mr. Humphrey, a man superior, by education and habit, to many charged with similar duties. He established an exact register of the conviction, arrival, and distribution of the prisoners, and appointed times for the muster of such as were a.s.signed. He imposed some restrictions on their wandering habits, and required that those who employed them should answer for their residence. It was the custom, however, to allow the greater part to reside in lodgings provided by themselves; they thus spent their leisure time where they were exposed to perpetual temptation, and nightly robberies attested their diligence. The traders of Hobart Town, for several years, were compelled to sleep on their counters, and watch their property with the most scrupulous care: an inquiry who had been pillaged, became the ordinary morning salutation.

The thieves broke through the walls with oriental skill: a stormy night afforded them a harvest. During a tempest of extraordinary severity, which deluged the streets and carried away fences, they contrived to pillage to a great amount; a ladder was discovered at a window, constructed for the purpose, by which they ascended to the upper chamber, and thus proved that no elevation was safe. Nor did they confine their ravages to the towns; they entered the store of a settler, and stripped his dwelling of 400 worth of goods, which they conveyed by boat to Hobart Town. Many were living without any lawful means of subsistence, and as their numbers increased, fraud and robbery were perpetrated in every house, and at every hour of the day.

Such was the state of the colony at the close of Sorell's administration, who found that without the means of nightly restraint, all regulations of police were in vain. On resigning office, he predicted the difficulties of his successor, and warned him that he must expect to contend with increasing crime.[96] To estimate the merit of Arthur's government, it is necessary to remember those evils--with what difficulty authority, long relaxed, is recovered--even by the most skilful and vigorous hands. When a few years had elapsed, the security of the colony was a subject of universal astonishment; and it was boasted, that men slept with their doors unlocked, and their windows unfastened, and often with property to a large amount strewed around their dwellings; notwithstanding, a dangerous temerity. By what means these results were, even partially attained, the reader will be curious to know.

FOOTNOTES:

[Footnote 92: Curr's account.]

[Footnote 93:

_Session_ (Judge Wylde), 1821.

+--------+--------------------+----------------------+ | Cases. | Sheep in question.| Owner. | +--------+--------------------+----------------------+ | 1 | 300 | William Watterson. | | 2 | 100 | Ditto. | | 3 | 250 | Daniel Stansfield. | | 4 | 150 | Robert Gillet. | | 5 | 200 | Samuel Clements. | | 6 | 100 | Edward Lord. | | 7 | 60 | Crown. | +--------+--------------------+----------------------+

Some of these robbers suffered death: others are still in the land of the living; and their names are suppressed, on the presumption of their reform.--_Compiled from Gazettes._]

[Footnote 94: Mr. Birch.]

[Footnote 95: _Bigge's Report._]

[Footnote 96: "I entered upon the government, at a moment which my predecessor considered a most eventful one. Circ.u.mstances, connected with convict population, which it would not be prudent for me to dwell upon in this place, co-operated to render it probable, in the opinion of Colonel Sorell, that crime would rapidly increase."--_George Arthur_, 1825.]

SECTION VIII.

It will be proper, however, first to retrace the penal history of these settlements, and to mark the incidents which moulded their form, and contributed to their failure or success. The administration of the penal laws cannot be understood, except by a broad and continuous survey. The developments of one colony re-acted on the other: Van Diemen's Land, long the satellite of New South Wales, attended all its motions, and with it prospered or suffered. From the fortunes of that colony, the history of Tasmania is inseparable.

The evils described, were not of a recent origin; they may be traced from the commencement of penal colonisation: the journals of the first officers exhibit all sorts of mischief, which only entered into new combinations as times advanced, and property was diffused. Collins, whose account descended to the close of the century, records a perpetual struggle with vice and crime. What could be expected of men who burned their gaol at the risk of their lives, and the church to escape attendance on worship?

The first expiree, James Rouse, who was established (1790) as a settler, was industrious and successful. Phillip, anxious to test the competence of the land to sustain a cultivator, cleared two acres for this man, erected his hut, and supplied him with food. Fifteen months after, he relinquished his claim on the King's stores, and received thirty acres of land, in reward for his diligence. It thus became common to afford similar facilities to expiree convicts,[97] but generally in vain.

The solicitude of Phillip was displayed in every form of kindness; but the p.r.o.neness of his subjects to intemperance, defeated all his efforts: he gave them stock; and had scarcely left the land, when his gifts were sold for rum. His successor was not more successful, when he tried the same plan. Cargoes of American spirit produced the madness of intoxication; and the freed settlers neglected their farms, or antic.i.p.ated their produce to obtain the liquid destruction. Their pa.s.sion for gaming was universal: they sometimes staked not only their money and their goods, but even their clothing, and were seen to labor in the field, as free from clothing as the savages who surrounded them.

In spite of the dread of famine, they consumed their time and substance in intemperance: sold their seed, lent to insure their harvest. In the distribution of stores, robberies were daily committed; double rations were issued; and Collins ingenuously confesses, that office converted the most trusty into thieves; and that peculations were forgiven, because a change of agency was useless. All in superior circ.u.mstances, unprotected by military vigilance, were robbed and robbed again.

Missionaries, who fled from Tahiti, found their countrymen more savage than strangers: one was wounded, and plundered of all his property; and another, murdered with an axe, while writing a receipt for a payment, which his destroyer thus hoped to evade. The Governor, in an imploring tone, enumerated the robberies which every day occurred, and hoped that the constables, in whose presence they were committed, did not profit by such crimes! Those who obtained their freedom, were a source of infinite annoyance: unable to depart from the country, they refused all kinds of labor; and, joined with others equally worthless, astonished the officers by the vigour and ingenuity of their spoliations.

The account given by Collins, is a valuable delineation of society when set free from moral influence, and proves how little simple coercion can check a general disposition to crime. So rare was reformation, that a single instance is mentioned with triumph: among the few who redeemed that settlement from utter dishonor, was George Barrington, celebrated for his dexterity as a pickpocket, and for his pathos at the bar; who robbed a prince with the grace of a courtier, and was the _beau ideal_ of swindlers. He was distinguished in New South Wales for his integrity in the office of chief constable, and his diligence as a farmer. He died regretted, in the year this dependency was colonised.[98]

Governor Hunter authorised the opening of a theatre at Sydney. The princ.i.p.al actors were convicts, and in default of a chamberlain, they were threatened, for a second offence, with the _penal_ settlement. The price of admission, one shilling, was paid in meal or rum, taken at the door! Many had performed the part of pickpocket in a London play-house, but at Sydney this was more difficult; yet they were not discouraged: they saw by a glance at the benches what houses were left unprotected, and proceeded to rob them. The motto of the actors was modest:--"We cannot command success; but we will endeavour to deserve it." Their first play was _The Revenge_: the first prologue, characteristic both of the actors and the audience. The apt.i.tude of one of these couplets, has transferred it into a proverb; but it is worth seeing in its connexion, as a representation of the real sentiments with which violations of the law were remembered.[99]

PROLOGUE.

From distant climes, o'er wide-spread seas we come, Though not with much eclat, or beat of drum, True patriots we, for be it understood, We left our country, for our country's good; No private views disgraced our generous zeal, What urged our travels, was our country's weal.

But, you inquire, what could our breast inflame, With this new pa.s.sion for Theatric fame?

He, who to midnight ladders is no stranger, You'll own will make an admirable Ranger.

To seek Macheath we have not far to roam, And sure in Filch I shall be quite at home.

As oft on Gadshill we have ta'en our stand, When 'twas so dark you could not see your hand, From durance vile our precious selves to keep, We often had recourse to th' flying leap; To a black face have sometimes ow'd escape, And Hounslow Heath has proved the worth of c.r.a.pe.

But how, you ask, can we e'er hope to soar, Above these scenes, and rise to Tragic lore?

Too oft, alas, we've forc'd th' unwilling tear, And petrified the heart with real fear.

Macbeth, a harvest of applause will reap, For some of us, I fear, have murder'd sleep; His lady, too, with grace will sleep and talk, Our females have been us'd at night to walk.

Sometimes, indeed, so various is our art, An actor may improve and mend his part: "Give me a horse," bawls Richard, like a drone, We'll find a man would help himself to one.

Grant us your favor, put us to the test, To gain your smiles we'll do our very best; And, without dread of future Turnkey Lockits, Thus, in an honest way, still pick your pockets.[100]

The connection between ardent spirits and the early disorders of our penal colonies is patent at every stage of their progress. Then the habits of the navy were intemperate; rum was considered the great parent of valor. The founders of our colonies never entertained a suspicion that society could exist without its aid. Thus the first fleet, in their progress, touched at a port to take in a large supply, which proved of the most deleterious kind:[101] every vessel was deeply laden with the same commodity. The limitation of wholesale dealing to the officers, was not to restrain its consumption, but to monopolise its profits. The advantage of its distribution, as an incitement to labor, atoned for the moral ravages it spread: for this reward alone, would the prisoners yield their full strength; and when the taste, inflamed by indulgence, drove them to crime, or laid them in the dust, their ruin suggested no reflection beyond the general evils of intemperance. Had the light of science illuminated the imperial authorities, they perhaps had provided some check on this grand incentive to crime.

The deposition of Bligh was occasioned by this fatal appet.i.te: whether from sullenness, or conviction, he discouraged the vendors of rum, and attempted to obstruct their living on the vices of the prisoners. The landing of a still, and its seizure, was followed by a series of altercations, which led to the military rebellion, and terminated his government. This event roused the public attention for a moment, to the state of the colony. In 1811-12 a committee of the House of Commons was appointed "to enquire into the manner in which the sentence of transportation had been executed, and the effects produced by that mode of punishment." The result was remarkable: the committee advised that more const.i.tutional tribunals should be established, and distillation allowed.[102] The ministers of the day feebly vindicated the royal commission violated in the deposition of Bligh; and having once more set in motion the machine of legal government by the appointment of Macquarie, fell back into long slumber. Thenceforth, and for many years, rum was a great agent in the working of government, and the source of private opulence. The monopoly escaped official hands, but the expirees succeeded to the profitable calling. The large fortunes acc.u.mulated by many, were rarely derived from any other trade. Their prosperity was traced with startling uniformity: they sold their spirits to the settlers for produce, which they vended at the royal stores: they indulged them with credit, until hopelessly involved, when mortgages were executed, and foreclosed with a rapidity and precision which leaves modern conveyancing in the shade.[103] Individual powers of consumption were incredibly great: the expiree farmer, and his not more intemperate prisoner servant, broached the vessel, poured out its contents into buckets, and drank until they were insensible, or until, roused to frantic vigor, they were swift to shed blood. Such scenes were common.[104]

The specious advantage to the revenue, exhibited by our colonial statistics, protected a vice so useful. The influence of this interest cannot be overstated: to put down spirit drinking would, in equal proportion, disturb colonial finance. The demands of the public service were always in advance of its means, and no colonial administration was found sufficiently enlightened or courageous to add the prevention of this poisonous indulgence to the other consequences of banishment.

Macquarie revived the policy of the Stuarts, in regulating this trade: to Messrs. Wentworth, Riley, and Blaxland, he granted (1810) the exclusive privilege of importation, and by the duty they paid (7s. per gallon), erected a hospital. They proved, in defiance of economists, how monopoly can, sometimes, enlarge the supply, and thus increase the demand. They dispatched their agents to the Mauritius, India, and the Cape, and bought at 2s. 6d. per gallon; and arrack and rum deluged the colony. The success of their enterprise was great: in less than two years they obtained sufficient to raise the edifice, which could not want occupants, and cost more than 20,000.

The effects of this measure were flagrant: a letter, addressed by Marsden, the chaplain, to Macquarie, depicted the wretched condition of the prisoners. The scenes of dissipation which pa.s.sed before him deprived him of repose. Freed women, living at Parramatta, unprovided with public shelter, ran headlong into vice, and dropped all around him, slain by rum and dissipation. He stood aghast and powerless before the devastation: at times he observed, "I envy the situation of the most menial servant, who is free from this solemn and sacred responsibility."[105] The reply of Macquarie was witty rather than relevant. He told Lord Sidmouth, in effect, that the sorrows of Marsden were too deep for discovery: noted for the cheerfulness, and even gaiety of his temper, his movements were too rapid for grief; and his days, divided between the cares of farming, grazing, and trade--to say nothing of his clerical occupation--left him no time for sorrow.[106] The evils he described are, however, proved by uniform testimony: they must exist where dealing in spirits is the sure path to wealth, and wealth the t.i.tle to social distinction.

In the _Rocks_, drunkenness and debauchery were constant and undisguised: persons of respectable appearance, in the day time, were liable to mal-treatment; but those who, in the night, entered the "fortress of iniquity," were usually stripped and plundered. Broils and boxing matches were of perpetual occurrence; the public-houses were "fences;" and degraded women, in large numbers, crowded these dens of thieves.[107]

It is not necessary to give a chronological history of the spirituous epoch. The reign of intemperance commenced with the first proclamation: it received all the protection of law, and the favour of government: it was embodied in our penal administration. Whether it was possible to check its mischief, some may doubt; but that it has clenched the population fast; that it has formed our gangs--crowded our prisons; that it has covered our scaffolds, and filled ten thousand graves--is certain as death!

The correspondence maintained between the convicts and their friends, informed them of their prosperity. The alluring picture, drawn by those whose bondage was past, exhibited a social state, precisely suited to the taste of their kindred and acquaintance. The sensual and dissolute were tempted by the riotous jollity of the "Rocks;" those fond of equivocal commerce with the profits of trade; and others were cheered by the a.s.surance that a friend in bonds would find a nominal master in a relative or former friend, when the formalities of inspection were over.[108] Such as brought out spoil, were besieged with offers of investment, and found themselves in a market where money was the pa.s.sport to favor and indulgence; others, less fortunate, were pillaged by those who crowded them with welcomes,[109] or drawn into bargains which proved that no cozening art was lost.

To ill.u.s.trate the occasional good fortune of prisoners, one Hazard, may be worth remembrance: he had been before transported; in 1815, he arrived under a second sentence, for life. While on the voyage out, he purchased a quant.i.ty of tobacco: he received, on landing, a ticket-of-leave; immediately married the daughter of an innkeeper, and obtained a license, in the name of his wife, to the same calling: he was patronised by the most respectable settlers, and enjoyed prosperity until his death, only five years after his arrival.

In this colony, the acting secretary of the Governor secured his ticket at his landing, and was long distinguished for the extent of his influence, and the elegance of his dwelling.[110] It may be presumed that, however explained on the spot, these examples were not lost on the republic of thieves; and many were disposed to try that fortune which was so often propitious.

The ordinary of Newgate, Mr. Cotton, a well-known name, in his evidence before the Commons in 1818, has left nothing to conjecture. The prisoners of his day "looked on transportation as a party of pleasure:"

they departed from the prison with huzzas, and bade glad adieu to their less happy companions and keepers, exclaiming, "what a glorious kangaroo hunt we will have at the Bay."[111]

"Stabant orantes primi transmittere cursum Tendebantque ma.n.u.s ripae ulterioris amore."

VIRGIL.

To distinguish bravado from triumph, is sometimes difficult; but there must have been little to appall, where there was so much to hope: nor did they perceive that, though many were fortunate, not a few, at the brightest era, groaned in bondage; that degradation and suffering, sometimes, reached their utmost limits, at which death itself stops the hand of vengeance.