SECTION XIII.

To preserve the continuity of this narrative, it may be advisable to give throughout the incidents which relate to Macquarie Harbour. The short but severe government (1824) of Lieutenant Wright was superseded by Captain Butler (1825), of whom the common testimony is favorable. Its economical results will be comprehended in that general view of prison labor, reserved for the close of this volume. He extended cultivation, and thus mitigated the sufferings of the prisoners; and by building ships, varied the industry of the men--many of whom went down for punishment, but returned skilful mechanics.

Of all the thousands professing to bring back its consolation to the wretched, not one minister had been found--perhaps not sought for--to try there the remedies of the gospel. That a Wesleyan missionary ventured, ent.i.tles him to the esteem of mankind. Governor Arthur suggested, and even entreated this direction of missionary labours: he wrote to Joseph b.u.t.terworth, M.P., and to the Colonial-office, and the Rev. Mr. Schofield was appointed to enter this moral desert. On his arrival in 1829, he heard terrific accounts of the perils of that place: he was told, that his labors would be useless, and his life sacrificed.

He hesitated for a time; but Arthur declared that such a post of danger, he, as a soldier, should consider one of honor.

Mr. Schofield proved that he was neither deficient in zeal nor prudence.

The place prepared for his ministry was, indeed, comfortless: the wind overpowered his voice, and his congregation shivered with cold; but to the men it was a new era. Having discoursed on the advantages of knowledge, forty-seven prisoners requested instruction; and, a.s.sisted by Mr. Commissary Lempriere, and countenanced by the commandant, he taught many to read. Capt. Butler marked a change in the temper of the men: punishments fell off one half; several were united with the wesleyan society; and on the missionary's recommendation, their stay was shortened.

They only should ask the reality of such repentance, who have endeavoured to reform the wicked. One man was specially pointed out to Messrs. Backhouse and Walker: the change in his conduct was great, and its effects visible: his demeanour, his countenance, and, said the commandant, "his very voice was changed." He had lost his arm by an accident, which nearly deprived him of life. He had formed a cave at the base of the island, reached by a steep slippery descent. It was here Mr.

Backhouse joined him, as he knelt down on the rough floor of his cold cavern to adore the Almighty, for granting the privilege of solitude!

Strange meeting, and strange subject of thanksgiving!

Messrs. Backhouse and Walker, of the Society of Friends, travelled these colonies (1831 to 1836), chiefly engaged in religious labors, and princ.i.p.ally to admonish the prisoners. The volume, of which Backhouse was the author, attests their industry and accurate observation, while performing a mission, which the moral weight of their connections rendered of great moment. To understand this record of their labors, some acquaintance with science is requisite, and not less a knowledge of quaker modes of thought. The adventurous and buoyant spirit of the writer, which carried him into odd situations, is sometimes irresistibly droll, in contrast with formal phrases. He was a gentleman of prudence and sagacity: "he lifted up his heart to G.o.d; took his pocket compa.s.s,"

and thus escaped some perils, both by sea and land; and carried to England a reputation, from which detraction has taken nothing, and which friendship would scarcely desire to improve.

The capture of the _Cyprus_ in Recherche Bay, on the voyage to Macquarie Habour, was a stirring episode in the history of transportation. It excited vast interest in Great Britain, and was dramatised at a London theatre. The prisoners, who wage war with society, regarded the event with exultation; and long after, a song, composed by a sympathising poet, was propagated by oral tradition, and sung in chorus around the fires in the interior. This version of the story made the capture a triumph of the oppressed over their oppressors. The stanzas set forth the sufferings of the prisoners by the cruelty of their masters, who they vainly attempted to please. It related their flight from torture to the woods, and drew but a dreary picture of the life of an outlaw. It pa.s.sed through the details of conviction and embarkation, and then described the dashing seamanship of the pirates in managing the bark, once destined to carry them to that place of suffering; but which bore "bold Captain Swallow" to the wide ocean and liberty. Such was the song; but the facts were different. In August, 1829, thirty-one prisoners embarked on board the _Cyprus_; among them was Swallow, a seaman, who eighteen years before had cut out a schooner at Port Jackson, and was afterwards transported to Van Diemen's Land in the _Deveron_, Captain Wilson.

This man, before he landed, exemplified remarkable courage. A dreadful storm disabled the vessel; the rigging was in fragments: it became necessary to cut away a portion of the wreck, which would probably cost the adventurer his life. The captain called for a volunteer, and all being silent was himself about to ascend, when Swallow remarking that his own life was of little moment, accomplished the perilous task.

Perhaps presuming on this service, he was found secreted on board the _Deveron_ on its homeward voyage, and was delivered to the British admiral at Rio; he, however escaped, got to London, was retaken and returned to this colony. Several others were capital respites, who had been guilty of atrocious crimes.

These men were entrusted to the charge of Lieut. Carew, and a guard of ten soldiers. On board they had provision for four hundred men for six months, with a scanty supply of water. When he received the prisoners, Lieut. Carew was warned of their desperate character by the gaoler, though not of the precise nature of their crimes. The ammunition supplied was, however, insufficient--ten rounds each man: to spare the powder, the muskets were not often charged. The berths of the soldiers were below, and the opening only sufficient to emerge unarmed: that of the prisoners was too small to permit their lying down: one opening admitted air, without bars or fastenings, and could not be closed day or night. It was necessary to exercise on deck, and at the time of the capture the number allowed was exceeded, it is said by the connivance of the convict sailors. Several of the prisoners had before been relieved of their irons: among the rest, Swallow, the pirate captain; and when the a.s.sault commenced, there were nine, and soon after sixteen engaged in the fray. There were only two sentinels, and one other soldier unarmed on deck. Lieut. Carew had left the vessel to fish, accompanied by the surgeon, the mate, a soldier, and the prisoner Popjoy. A few minutes after, he heard the firing of a musket, and hastened towards the vessel; but when he reached her side she was taken. The struggle with the sentinels seems to have been severe; and one of the soldiers below fired a shot, which pa.s.sed between the arm of Swallow and his side. The mutineers compelled them to surrender by pouring down water into the hold, and threatening to stifle them if resistance were prolonged: they were also in danger of suffocation from their own gunpowder. Carew implored the pirates to give up the vessel, and promised oblivion: when attempting to board, they pointed several muskets at his breast. At length he consented to go ash.o.r.e, with the soldiers and thirteen prisoners, who refused to share in the adventure; and, in all, forty-five were landed at different points of the bay. The pirates gave them one sheep, a few pieces of beef, thirty pounds of flour, and half a bag of biscuit, with a small quant.i.ty of spirit and sugar; and at dawn sailed from the coast. The refusal of a boat, cut off all immediate communication with the port, and gave time for considerable progress.

The _Cyprus_ was without charts, but several of the mutineers were well acquainted with navigation.

The sufferings of the party on sh.o.r.e were inexpressible: they distributed one quarter of biscuit daily, and subsisted chiefly on muscles, found for some time, until a spring-tide covered them. Morgan and Popjoy set out the next day for Hobart, and attempted to cross a river, with their garments tied on their backs: they were driven back by the natives, and were obliged to return, having lost their clothes. Five men started to head the Huon, and thus reach Hobart; and were saved from starvation, only by the party sent down to meet them. Morgan and Popjoy, under the direction of Carew, and encouraged by his lady, who displayed extraordinary fort.i.tude, constructed a coracle of wicker work, about twelve feet long, formed of the wattle: they covered it with hammock cloth, and overlaid it with boiled soap and resin mingled, which they happened to possess. In this frail bark they boldly ventured to sea; and, notwithstanding a strong south breeze, happily found the _Orelia_ at Partridge Island, twenty miles distant. Contrary winds had compelled that vessel to put back to the island, and boats were instantly forwarded to the relief of the sufferers, who for two days had been without sustenance. Though several had received severe contusions in the capture, and experienced much privation during the thirteen days detention, no life was lost.

The circ.u.mstances attending the capture were subject to the investigation of a court martial. Lieutenant Carew was charged with neglecting the proper precautions, though warned of the extreme peril which demanded his vigilance; that he proceeded on a fishing excursion; that during his absence the vessel was surprised and seized; that he exhibited professional incapacity, and had been guilty of a breach of the articles of war. This trial lasted five days, and was fully reported. The evidence is conflicting, and especially respecting those incidents which were supposed to suggest the capture to the prisoners: such as the neglect of the fire-arms, and the indulgence of the prisoners by a removal of their irons, and their access to the deck. On the other hand, the testimony was positive and multiplied, that Carew had guarded the prisoners with great steadiness and rigour. That he apprehended no danger was certain--his wife and children were aboard; but he forgot that the desire of liberty makes men quick and desperate, and that they who had the miseries of Macquarie Harbour before them, made light of life.

The arrangements of the vessel did not, however, admit of proper precautions. When two of these men, in company with sixteen other prisoners, were sent down three years after to the penal settlement, there were ten soldiers to guard them: two only were on deck at once.

Their prison was railed in, and closed down with triple bolts: the sentinels were doubled, and some sat continually in sight of the prisoners.[176]

The pirates proceeded to the Friendly Islands, and thence to the Islands of the j.a.pannese, where seven deserted, and the rest pa.s.sed towards China. Four seamen presented themselves in a boat, having _Edward_ on the stern, to a vessel at Whampoa, and stated that they had belonged to a lost ship of that name. Swallow was one of them: he was examined by the committee of supercargoes at Canton, and produced a s.e.xtant on which was the name of Waldron, of the _Edward_. This name Swallow a.s.sumed, and said that he was captain of the _Edward_, of Durham; related his voyages to various ports of South America, the Sandwich Islands, and j.a.pan.

Compelled to abandon his vessel, injured by the fire of the j.a.pannese, the crew had divided into parties, of which himself and companions were one. This deposition was forwarded to the company's secretary, and pa.s.sages were given free to Swallow and three others. A few days after he had sailed, four more appeared: Davis, who gave his name as Stanley, was examined; but he had forgotten the a.s.sumed name of the captain, and called him Wilson--this led to minuter inquiries, and he was sent home a prisoner. Information was instantly forwarded, and reached England before Swallow arrived with his companions, and a warrant was issued for their detention: the three were taken, but Swallow had left the ship at Margate, and for a time escaped.

Watts, Davis, and Swallow, were ultimately tried for this offence by the Admiralty Court, in London: the two first were executed, and Swallow was acquitted. It is said that the proof of his partic.i.p.ation, except by compulsion, was incomplete. The events which led to their conviction were curiously coincident. The Thames police magistrate was unable to proceed, and they might have been discharged; but the police clerk had studied the _Hue and Cry_, and was struck with their resemblance to the description. Popjoy, now in England,[177] pardoned for his good conduct at the capture, had been recently before the magistrate for some trifling offence, and to interest his worship had given the story of the capture, the coracle, and all incidents of his intrepidity. He was thus soon found out by the police, and gave full proof of ident.i.ty. He stated their crimes, their names, and secret marks which were discovered on their persons: one of them, the very day of the capture, had the figure of a mermaid punctured on his arm. Mr. Capon, the gaoler of Hobart Town, was in London,[178] and thus was able to supply important particulars.

Several were forwarded to Van Diemen's Land, and tried by Judge Pedder: they pleaded that their concurrence was involuntary. The chief question was the actual position of the vessel; whether or not on the high seas.

The military jury were not disposed to hesitate on this point, and when asked repeatedly, whether they found a place shut in between two heads _the high seas_, they answered, without hesitation, "we do." Only John Cam suffered death in Van Diemen's Land. Robert M'Guire was tried last for this offence: in the scuffle, he wounded a soldier, who had attempted to strike him, and whose testimony was decisive: he stood sentry, with a military cross-belt and bayonet fixed; and was recollected by his refusal of liquor, which he warned his comrades would prove their destruction.

The chief advantage of Macquarie Harbour was its total isolation; but the opening of the country from the Derwent to the Gordon, destroyed this seclusion. The bar gradually rising, became more dangerous: the place was too distant for supervision or supply; its barren soil allowed no variety of labour or produce. The decaying buildings were of little worth: there was nothing removable, except the doors and windows. These were shipped on board the _Frederick_, of one hundred tons; and all being ready for sea, on the 11th January, 1834, Mr. Taw, the pilot, as captain, embarked with the master shipwright, Mr. Hoy, the mate, ten prisoners of the crown, and a corporal's guard. They were detained by adverse winds, and the pilot allowed the prisoners to land to wash their clothing, all except one; they returned with great apparent cheerfulness. Two of the soldiers were permitted to fish near a neighbouring rock, and thus only two remained on board: while one of these, allured into the forecastle, listened to the singing of a convict, the prisoners on deck handed out the arms. Messrs. Hoy and Taw endeavoured to recover possession, both by persuasion and force: there was a short scuffle, and shots were fired: the b.a.l.l.s pa.s.sed near the gentlemen in the cabin, though they were not injured. Remonstrance being useless, they surrendered, and with the soldiers now recalled from the rock, were sent on sh.o.r.e: thus, although the military and civil officers were nearly equal in number, the mutineers accomplished their purpose without loss of life. They sent next day a quant.i.ty of provisions, small in amount, but, considering the voyage before them, more than such men could have been expected to spare. The soldiers, gratified by their fairness, forgot their own position in sympathy for the liberated men, and gave them cheers and good wishes. On the morning after, the wind became fair, and a light breeze carried them beyond danger.

When the mutineers had gained possession of the ship, John Barker, a mariner, was chosen captain: he could take an observation, and direct a ship's course; his mate was John Fair, and several others were sailors.

By carrying too much canvas they strained the vessel, which required their constant efforts at the pump. They proposed to run to Valdavia, South America: they suffered from a gale of wind of nine days duration, which they weathered with great difficulty, and saw land on the 26th of February, having been six weeks on their pa.s.sage. They resolved to abandon the brig: they had three carpenters on board, by whom the launch was decked and rigged, and they left the _Frederick_ with her channel plates under water. Having landed, they discovered an Indian ploughing with a wooden share: from him they could not obtain supplies; they, however, found that they were in the neighbourhood of Valdavia, and soon approached the battery of that port, and were humanely received by the inhabitants. On examination they declared the entire facts of their escape, and were allowed to reside under promises of protection. They appealed to the officials as _patriots_, and implored them to take their lives rather than to restore them to the British. A few months after, H.

M. S. _Blond_, Commodore Mason, excited their alarm; it however pa.s.sed over: several married, and the governor and his lady honored the nuptials of the pirate captain with their presence. Shortly after, they were put under friendly arrest, Commodore Mason having applied for them, and made some preparations to seize them by force; sending an armed boat, which the Americans repelled. The second "governor" was not equally favorable, but was conciliated by the promise of Barker and three others to build him a boat: this accomplished, they seized her and absconded. The governor exasperated at the loss, and their perfidy--probably excited by his harsh treatment, and their constant apprehension of capture--arrested and delivered up their companions to the _Blond_; who were sent first to England, and then to Van Diemen's Land.

They were tried in 1837: one of their number raised an objection, which was referred to the English judges, and decided in their favor. The defence was very ingenious: admitting the vessel was taken, it had never been finished; it belonged to no port; it had received no name: it was canvas, rope, boarding, and trenails, put together shipwise--yet it was not a legal ship: the seizure might be theft, but not piracy! Upon the whole, the prisoners conducted themselves well: however criminal the escape, their kindness to the people they overpowered; their unusual unanimity, and prudent acknowledgment of their real circ.u.mstances; their appeal to the _patriots_ for sympathy, and the ingenuity of their defence,--must be admitted as exhibiting qualities by no means despicable.

But never was the government more culpable, or the prisoners less so, than in the instance of the _Badger_, a vessel of twenty-five tons, freighted with provisions for the East Bay Neck military station (1833).

She was a fast sailer, and well found, and in charge of a master mariner, a convict, and convict seamen. The escape was joined, and probably planned, by Darby, late a lieutenant in the royal navy, and present at the battle of Navarino: a man of small stature but great daring. On his pa.s.sage to the colony he had been implicated in a plot to take the vessel, which was partly known to a notorious receiver on board,[179] who expected some favor by informing. The plotters intended to shut down the soldiers and officer, to run for the American coast, and there allow those who thought proper to land, or to attend the vessel to her destination. Darby declared that, buried on the sh.o.r.es of America, he had considerable treasure. On his arrival in Van Diemen's Land the affair on board was made known to the Governor, by whom Darby was told, that if ever he attempted to abscond, or to enlist others in the enterprise, he should suffer all the law could inflict. He was, however, placed at the signal station, and afterwards appointed to a.s.sist the water bailiff, and thus had always in view the means of escape! A convict clergyman, employed as tutor by a member of council, was the companion of his flight. The loss of this vessel exemplified the laxity of official oversight, where most required. No one could be surprised at the escape, which good men suffering in a good cause would have naturally ascribed to the favor of Providence.

FOOTNOTES:

[Footnote 176: _Backhouse's Narrative._]

[Footnote 177: This man had been transported, when eleven years of age, for horse-stealing. He was lost off the coast of Boulogne. Swallow died at Port Arthur.]

[Footnote 178: On the affair of Ikey Solomon.]

SECTION XIV.

The escapes of prisoners might be called romantic, could romance enter the province of crime. While the first fleet were at anchor off Teneriffe, John Powers slipped down into a boat attached to the _Alexander_ transport. He boarded a foreign ship: his offer to enter as seaman was refused. He then landed beneath some insuperable rocks: a.s.sisted by the governor of the island, his retreat was soon found.

Such was the first absconder. The determination to escape from New South Wales, induced the prisoners to listen to every project, and to commit their lives to boats of the most imperfect structure, in which they were usually lost. But Bryant, an expiree, his wife and two children, and seven convicts, escaped in a small fishing boat (1790). He had purchased a compa.s.s and quadrant, and obtained a chart of his intended course.

They provided food for the voyage, and the boat was in excellent trim; they were met at Timor by the crew of the _Pandora_, sent to the southern seas to arrest the mutineers of the _Bounty_. Bryant professed to have suffered shipwreck: he was kindly received by the Dutch. He died at Batavia; also one of his children and two of his companions: the rest were afterwards seized, and conveyed to England, where the story of their sufferings excited the public compa.s.sion, and they were merely detained in Newgate for the unexpired term of their sentence.[180]

Their nautical intrepidity and their comparative success, inspirited future attempts. But the most celebrated project was concocted by Irish convicts, who proposed an overland pa.s.sage to China! Of forty-four men and nine women absent, the greater part perished on this curious enterprise.[181] Some, after the absence of several weeks, re-appeared, exhausted with fatigue and hunger. The Governor, finding it impossible to prevent elopement by punishment, attempted to convince them by experience. He furnished some of the strongest with provisions, and appointed them conductors, that they might proceed as far as possible towards the desired land: they returned, only partially convinced that flight in that direction was hopeless.

The imagination of the prisoners pictured an elysium beyond the mountains. A seductive rumour long prevailed, that in the interior a community of white persons were living in primitive innocence; but many years elapsed, ere the notion obtained the consistence of a story. In 1833, an account was circulated in England, that white people were found several days journey from the north coast of New Holland, in a village enclosed by a wall to defend them from the natives. They spoke in Dutch, and stated that their ancestors, among whom were twelve females, came from a distant land; that their vessel was broken; that they travelled far towards the rising sun; that many died by fatigue, and the rest settled on that spot--a beautiful valley, on the borders of a lake. A full description of their habits and customs was given in the _Leeds Mercury_, but which can have no interest to such as disbelieve their existence.[182]

The _Young Lachlan_, a vessel the property of Capt. Howard, was seized at the Derwent, by sixteen prisoners (1819). The sails were bent; the rudder was on board: she was freighted and provisioned for a voyage to Port Jackson. She lay outside the cove, and was to drop down the river on the morrow. The four seamen were surprised, and shut down below: the darkness of the night and a strong wind favored their escape; pa.s.sing the battery, unseen by the guard. At daybreak the pilot boat, with, a party of the 48th regiment, gave chase: a sloop, the property of Mr.

Birch, with another detachment, followed. The boat found the seamen on Brune Island, but both vessels returned without any other success.

Arrived on the coast of Java, the robbers destroyed the vessel by fire.

They then presented themselves to the authorities as shipwrecked mariners: their story was believed; but at length they were suspected of piracy, and imprisoned. Some of them confessed: all, except five, died at Batavia, to which place they were transmitted, and the survivors were conveyed to this colony by the _St. Michael_. The _Young Lachlan_ not being on the high seas their offence was not piracy: they were therefore charged with stealing only. Their punishment was necessary, but who could forget their temptation?

One of the more common methods of elopement was to hide in the hold of a ship, often with the connivance of the sailors, until the vessel had cleared. Scarcely did a ship quit the coast during the first years of the colony, without discovering, mostly too soon for the culprits, their concealment. Sometimes, to stir them from their stowage, the vessel was fumigated. Ships calling at Van Diemen's Land often delivered up absconders, found after they had weighed anchor.

When secreted runaways were enabled to avoid detection until the ship had advanced far on her voyage, they were conveyed to England, and usually surrendered to the authorities. A soldier, on looking down the hatchway of the _Dromedary_, when returning to England (1820), saw a spectre walking the deck below, who requested a gla.s.s of water: the soldier alarmed, made known the vision; and after a search, a stranger was pulled out from among the planks with which the vessel was laden.

Having said "we," repeatedly, in speaking of his condition, the presence of another was suspected, and further search discovered his companion.[183]

Morgan, a Welshman, who concealed himself, was more fortunate: having made a considerable sum by his labor, which he was desirous of carrying home unbroken, he concealed himself in the hold of a vessel, and after a few days appeared on deck. He was carried to London, and handed to the police, when he coolly thanked the captain for his pa.s.sage! He had satisfied the law before he ventured on his voyage.[184]

The penalties on merchantmen conveying prisoners in a clandestine manner, were sufficiently severe. The most remarkable was the instance of the _General Gates_, an American vessel, which carried off ten prisoner mechanics, and one free man;--a double violation of the local laws. The _Dromedary_, store ship, was instantly sent in pursuit, and captured the vessel at New Zealand. An action for twelve thousand pounds was inst.i.tuted by the Governor, and awarded by the court (1820). The judge, in his address, dwelt chiefly on the ingrat.i.tude of the defendant, who, "being permitted to partake in a valuable fishery, had abused the hospitality of the country, and had gone into low public-houses to entice away their best workmen!" This, indeed, was the chief grievance, and occasioned the rigour of the pursuit and capture--a stretch of power, it was deemed proper to compromise.

It was made lawful to arrest any persons suspected of being illegally at large, and to detain them until they "proved otherwise;" the onus of proof resting with the person apprehended: indemnity was provided for those who did anything in furtherance of the act. In defence of these powers it was alleged, that tenacity of the forms of British freedom was unsuited to a state of society, where of the adults more than one half were prisoners; and to distinguish them was impossible. The government maintained that free persons, arrested in _bona fide_ error, were bound to regard their consequent sufferings as a tribute to the welfare of the country; but considering the ungentle spirit and ruthless instruments of convict government, it was necessary to check these prerogatives with a considerable responsibility.

The arrest of Mackay, a free man, at Swan River, indicated the danger of undefined powers, and the boundless arrogance of office. He was seized by the commander of a vessel and delivered to the _Phoenix_ hulk, New South Wales, where, loaded with irons of unusual weight, his clothing branded, he was confined with prisoners destined for a penal settlement.

Having been brought up by a writ from the judges, he was _discharged_, and _retaken_: again the court interfered, and the man--never known as a prisoner, against whom nothing but a general suspicion existed; who had been torn away from a distant colony, and exposed to the contemptuous treatment of those through whose hands he pa.s.sed--owed his final liberation to the interference of an advocate, and the firmness of the judges. He obtained 200 damages, against which the government appealed, unsuccessfully, as excessive!

Absconding has been punished with various degrees of severity. By the first governors it was held a venial offence: before the law provided any specific penalty, it was usually flogging or a penal settlement. A capital respite was, however, sent to Port Macquarie: within three months he absconded, with several companions, and started to reach Timor: on his re-capture, he was executed without further trial (1823).[185]

A colonial law, of 1827, made it capital to escape from a penal settlement. It was intended to prevent a recurrence of those evils which resulted from the Macquarie Harbour elopements. That it intimidated a single person, to whom the chance of escape was presented, is extremely doubtful: that it rendered their efforts more desperate, and their course more sanguinary, is far more probable. No one will contend for the right of a prisoner to burst the bonds imposed by a sentence, yet will it never appear to justify the sacrifice of life. Such laws are useless: they outrage the common sentiments of mankind--more criminal than the offences they intend to prevent: they belong to what Lord Bacon stigmatised as "the rubrics of blood."

Their extreme diffidence of each other, has rendered the combined opposition of prisoners impossible. A guard of two or three soldiers is sufficient to intimidate hundreds, and to prevent an open effort to escape. The sentinels have, generally, displayed forbearance and consideration--the honorable characteristics of the British soldier.

Governor Arthur recommended a declaratory statute, to subdue any doubts respecting their right to shoot absconders, which seemed common among the military. That right had never been called in question; and in two instances only, during fourteen years, was it exercised in this country.