The History of Tasmania, Volume I John West

The History of Tasmania, Vo lume I Table of Contents The History of Tasmania, Volume I............................................... ...................................................................1 John West................................................................ ................................................................................ .2 SECTION I................................................................ ..............................................................................8 SECTION II............................................................... ............................................................................18 HISTORY OF TASMANIA...................................................... ............................................................20 FROM 1803 TO 1824........................................................ ....................................................................21 SECTION II............................................................... ............................................................................25 SECTION III.............................................................. ...........................................................................33 . SECTION IV............................................................... ..........................................................................36 SECTION V................................................................ ...........................................................................43 SECTION VI............................................................... ..........................................................................46 SECTION VII.............................................................. ..........................................................................48 SECTION VIII............................................................. ..........................................................................51 SECTION IX............................................................... ..........................................................................56 HISTORY OF TASMANIA...................................................... ............................................................60 FROM 1824 TO 1836........................................................ ....................................................................61 SECTION I................................................................ ............................................................................62 SECTION II............................................................... ............................................................................68 SECTION III.............................................................. ...........................................................................70 . SECTION IV............................................................... ..........................................................................73 SECTION V................................................................ ...........................................................................76 SECTION VI............................................................... ..........................................................................79 SECTION VII.............................................................. ..........................................................................81 SECTION VIII............................................................. ..........................................................................83 SECTION IX............................................................... ..........................................................................85 SECTION X................................................................ ...........................................................................87

SECTION XI............................................................... ..........................................................................89 SECTION XII.............................................................. ..........................................................................94 SECTION XIII............................................................. ........................................................................101 SECTION XIV.............................................................. ......................................................................102 . SECTION XV............................................................... .......................................................................105 SECTION XVI.............................................................. ......................................................................110 . SECTION XVII............................................................. ......................................................................112 HISTORY OF TASMANIA...................................................... ..........................................................119 FROM 1836 TO 1843........................................................ ..................................................................120 SECTION I................................................................ ..........................................................................121 SECTION II............................................................... ..........................................................................124 SECTION III.............................................................. .........................................................................134 . SECTION IV............................................................... ........................................................................137 SECTION V................................................................ .........................................................................140 HISTORY OF TASMANIA...................................................... ..........................................................143 FROM 1843 TO 1847........................................................ ..................................................................144 SECTION I................................................................ ..........................................................................145 SECTION II............................................................... ..........................................................................155 HISTORY OF TASMANIA...................................................... ..........................................................160 FROM 1847 TO 1852........................................................ ..................................................................161 SECTION II............................................................... ..........................................................................167 SECTION III.............................................................. .........................................................................171 .


The History of Tasmania, Volu me I Table of Contents The History of Tasmania, Volume I SECTION IV............................................................... ........................................................................174 SECTION V................................................................ .........................................................................180 HISTORY OF TASMANIA...................................................... ..........................................................191


The History of Tasmania, Volume I


The History of Tasmania, Volume I John West



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THE HISTORY OF TASMANIA: by JOHN WEST, Minister of St. John Square Chapel, Launceston. VOLUME I.

Tasmania: Henry Dowling, Launceston. 1852. Tasmania: Printed By J. S. Waddell, Launceston Facsimile edition 1966 TO HENRY HOPKINS, OF HOBART TOWN, ESQ., THE HISTORY OF TASMANIA, UNDERTAKEN AT HIS REQUEST, IS RESPECTFULLY INSCRIBED BY THE AUTHOR. LAUNCESTON, SEPTEMBER, 1852. ADVERTISEMENT. The author takes this opportunity to thank the gentlemen who have allowed hi m, for several years, the use of their works on the colonies, and valuable original papers; especially the tru stees of Lady Franklin's Museum, Messrs. R. Lewis, Hone, Gunn, Joseph Archer, Henty, P. Roberts, Wooley, and Pitcairn. The public are indebted to Ronald Gunn, Esq., for the section on Tasmanian Z oology; and to Mr. F. Wales for a useful list of the chief places in this country. CONTENTS--VOL. I. DISCOVERY. SECTION I. p. 1. Anthony Van Diemen, governor of Batavia--Sir Joseph Banks obtains Tasman's c harts and journal--brass hemispheres at Amsterdam--discovery of Van Diemen's Land--Maria I sland--visit of Captains Marion, Furneaux, Cook, Clerke, Cox, Bligh, D'Entrecasteaux--discovery of Bass' Straits by Bass and Flinders--Flinders' misfortunes and death--Baudin--misfortunes of our eminen t navigators--monument erected by Sir John Franklin to Flinders. SECTION II. p. 20.

3 .Colonel Purry's project--opinion of Dalrymple--Cook's account of New South W ales--fleet assemble at Motherbank--Phillip governor--various opinions of the prospects of the colony.

70. p. p. Macarthur--bible society--Reverend J. Knopwood--Wesleyan first Sunday school--Reverends Horton. SECTION IV. SECTION VII. 73. 53. p. p. p. SECTION VI. p. 86. SECTION I. Marsden. SECTION III. Mansfield. . Bill for better administration of justice--supreme court established--coloni al agent--departure of Sorell--Leith company--Sorell's character--agricultural societies--advantages of immigrants at the present time. Religious efforts--notices of Reverends Johnson. SECTION V. 95. Hobart Town named--York Town--Tamar river--Launceston--the first house--Norf olk Island vacated--settlers conveyed to Van Diemen's Land--overflow of the Hawkesbury--des titution--deposition of Bligh--he visits the Derwent--conduct of Collins--establishes a newspaper--his d eath--monument erected by Franklin to his memory. Sheep introduced--Merino lambs imported into Van Diemen's Land--wool purchas ed by Mr. superintendent at Honduras--dispute with Colonel Bradley--with the slaveholders--state of Van Diemen's Land--court proclaimed--trial by jury--charg es against Mr. 66. p. David's church built--Bent's newspaper--death of Colonel Davey. SECTION II. Form of colonial government--courts--legislative orders--administration of j ustice--Abbot judge-advocate of Van Diemen's Land--opinions of Mackintosh--Bentham--torture--a rbitrary conduct of Macquarie--governor's court--Abbot's death. SECTION IX. Whaling--duties on colonial oil--fetters of trade--Captain Howard's misfortu nes--currency of Van Diemen's Land--trading habits. SECTION VIII. Youl-Reverend P. Lord acting lieutenant-governor--ditto Captain Murray--visit o f Governor Macquarie--Davey lieutenant-governor --improvements effected--St. 34. p. Hopkins. Volume I FROM 1803 TO 1824. Connolly.The History of Tasmania. Lieutenant-Colonel Arthur. 48. Lieutenant-Governor Sorell--checks bushranging--immigration of settlers--the ir privileges--Macquarie's account of Van Diemen's Land. p. SECTION I. FROM 1824 TO 1836. Lieutenant E. J. p. 78. T. Van Diemen's Land occupied--state of Port Jackson at the time--Port Phillip occupied--abandoned--account of Buckley--debarkation at Sullivan's Cove--names o f officers--Paterson occupies at Port Dalrymple--account of Collins--Burke's remarks--Collins' histor y--Lord Hobart. 27.

Gellibrand. Rise of the Australian press--restraint of the press by Arthur--Dr. 106. Ross gov ernment printer--colonists maintain the freedom of the press. SECTION II. sen. p. 110. SECTION IV. State of society at Hobart--Judge Forbes--Governor Darling--punishment of Th omson and Sudds--trial of Dr. p. dismissed from the magistracy--act of parliament for the 4 . Humphrey police magistrate--petitions fo r an elective assembly-disagreements with Arthur--Gellibrand. Wardell--Major Honor's case--Mr. 115. p.--Talfourd's opinions--Van Diemen's Land declared independent of New South Wales--police magistrates appointed.. Van Diemen's Land Company formed--its investments--Jorgen Jorgenson. jun. SECTION III.

p. 195. p. SECTION I. p. Grammar school--orphan school--mechanic institution--Dr. "True Colonist"--state of the press--charges against Arthur--increase of new spapers--political association. Liabilities of publicans--impounding cattle--dog act--usury law. SECTION XIV. SECTION X. Dispute between Jennings and Montagu--rate on returned bills of exchange fix ed--trial of Dillon--treasury robbed--Ikey Solomon's arrest--conduct of a jury--races at Ross --pirates take the Cumberland. 165. Mr. p. p. Snodgrass acting-governor--arrival of Sir John Franklin--views of the colony --his reception--efforts to reconcile parties--magistrates increased--council chamber opened. Ross--Dr. 174. p. 160. SECTION V. Van Diemen's Land divided into counties--land commissioners appointed--condi tions of grants--land obtained by fictitious capital. 120. 134. Bank of Van Diemen's Land--state of trade--Gatenby farmers--treasury robbed-Cox's conveyance established--dearth in New South Wales. p. SECTION XIII. 124. Henderson . T. SECTION VI. 136. Wakefield's colonization scheme--Wilmot Morton's views--Swan River settlemen t--sufferings of first settlers--colony of South Australia--mineral wealth--Port Phillip occupied--emig ration of females and mechanics--important consequences--table of land regulations. . Bryan's disagreement with Arthur--Arnold condemned for cattle stealin g--case of Lewis--of Bryan. 148. SECTION IX. p. p. J. jun. p. SECTION XVII. Recall of Arthur---advancement during his administration--his great ability-his views of public works--his departure--death of Mr. SECTION XII. W. p. 191. Glorious 23rd of May!--Baxter appointed judge--set aside--police and gaols-land revenue. SECTION XVI. SECTION XI. Brisbane grants--proof of ownership--resumption resisted by juries--defect i n titles discovered--defect in description--caveat board established--Major Abbot's claim--quit rents--free grants terminated--Lord Ripon's regulations. p. SECTION VIII. SECTION II. 127.--murder of Captain Sergeantson--perjury--trial by jury. p. Bank of Australasia--state of the currency--Tamar bank--Union bank. Volume I colony--Marshall's proposal for a colonial association. 177. SECTION XV. p. SECTION VII. Gellibrand. FROM 1836 TO 1843. Endowment of emigrants with land--early regulations--quantities of land give n--early price of land. 139. 131. p. 161.The History of Tasmania.

Murray's views--Bourke's plan--Arthur's views--bishopric establish ed in New South Wales--claims of the Presbyterians--declare for the established church of Scotla nd--Sir G. Grey's decision--act of general assembly--appellate jurisdiction refused--synod proclai med--assembled and dissolved--controversy between the churches--church act passed--rivalry of the c hurches--act amended--demands on the treasury--bishopric of Tasmania established--Bishop Nixo n enthroned--differences with clergy--ecclesiastical courts--refused by Wilmot--co nference at 5 .Difficulties respecting the churches--Dr. Lang--church and school corporatio n erected--dissolved by the crown--Sir G.

000 allowed by home government-. SECTION II. FROM 1843 TO 1847. Gladstone's despatch--his decision respecting the six--Wilmot slandered--Gladstone's letter--debates in parliament-. p. 215. p. p. p. 233. SECTION III. 219. 265. La Trobe's administration. Arnold's views--Mr.The History of Tasmania. Pitcairn's petition --Wilmot's counter representation--Wilmot rejected as patron of the Van Diemen's Land agricultural association--vacancies filled up in the council--members resign--£24. Dowling--emigrants prosper--effects of probation--distress in the colonies--caus es of distress--revival. . Wilmot arrives--his connexions--opinion of the Times --his popular m anners--the agricultural association--bushranging--Wilmot's promises to the legislature--remodels the Tas manian Society--his difficulties--central committee--usury law--fetters of trade--Hutt's motion--roa d bill--irrigation--expense of police--public debt--Wilmot adheres to his instructions--duties raised from f ive to fifteen per cent. Development of probation system--location of gangs--Mr. Bicheno's political opin ions--discussion in the council--Mr. p. Gell appoint ed--foundation of college laid--abandoned---schools in New South Wales--British system established in Van Diemen's Land--British system abandoned. Dry's motion--council adjourned--despatches respecting police and p ublic works--injustice of Lord Stanley--anti-colonial character of probation system--Lord Stanley's restri ctions--proposes to raise produce for commissariat-.remarks--Wilmot's death-Mr. Distillation forbidden--emigration promoted--interference of commissioners-libel on Mr. 225. Sir E. Smith's opinion--six members resign--obligation of official members--defence of the six--remarks-popular sympathy. Education--Franklin proposes a college--Dr. p. FROM 1847 TO 1852.inadequate surveillance--Wilmot's representations--St anley's reply--council meet--estimates unintelligible--motions rejected by the governor's deliberative and casting votes--Mr. SECTION V. SECTION I. SECTION IV. SECTION I. Franklin arranges probation system--dispute with Captain Montagu--dismisses him--Lord Stanley justifies Captain Montagu--Franklin recalled--his amiable character--last expedi tion.dif ferential duties bill--Hobart Town commissioners--dog act--recall of Wilmot--defended the probati on system--blame cast on him--Wilmot's last address--Mr. Volume I Sydney--ecclesiastical titles arranged--free church of Scotland--tolerance of la ity--respect for religion.--taxation defeated--quarrel with the Courier--Mr. 252.

Horne appointed--doubts' bil l passed--decision of home government--charge against the merchants--their defence--appeals to Downing -street--public petitions for an assembly--plans proposed--council of New South Wales--disconten t at Port Phillip--report of Sir William Denison--plan of Earl Grey rejected--privy council report--opinio ns of their report--bill passed--rejoicings at Port Phillip--at Van Diemen's Land--college at Bishopsbour ne--Hutchins' school--high school. McLachlan--English press--state of colo ny--pardons extended--North Australia--squatters hire expirees--exiles received at Port Phil lip--abolition proposed--Mr. Gladstone--petition presented to the Lor ds--Mr. SECTION III. 276. McLachlan's letter to Mr.Sir William Denison meets the twelve--re-appoints the six--errors in commiss ion discovered--refers home--the six appointed--dog tax declared illegal--actions of merchants--dismiss al of Judge Montagu--Judge Pedder refuses leave of absence--Mr. p. p. SECTION II. Struggle against transportation--Mr. Denison's circular--discussion--committees appointed--public mee tings. 283. Ewart's motion--Earl Grey and Mr. Hawes receive the seals of the colonial office--avow t he principles of Whately--Sir W. 6 .

and a new proposal to Ne w South Wales rejected--circular letter to the colonies--convicts sent to the Cape rejected--r ejected at Port Phillip--effect of the treatment of Van Diemen's Land on other colonies--prospects of 1848. DISCOVERY. &c. 328. ***** DISCOVERY.--SECTION IV. p.--Mollusca. SECTION V. HISTORY OF TASMANIA. 289.--SECTION II. Denison--his despatch in favor of transportation--Norfolk Island prisoners--p roposal to New South Wales accepted on both sides--repudiation by Earl Grey. Victoria.petition s of all classes--convict party form an association--it is dissolved--weakness of the col ony--feelings of other colonies towards Van Diemen's Land.--SECTION VI. South Australia. SECTION IV. p. p. 33 2. p. 7 . p. 333. Fishes.The History of Tasmania. Insects. SECTION I. Reptiles. 321.--SECTION III. p. and Van Diemen's Land. Lord J.--SECTION V. Russell's speech--conduct of ministers--great number of petitions--S ir W. ***** ZOOLOGY. p. Birds. Denison's views--resolution of colonists--rapid changes of systems--the intentions of Earl Grey--evils of ticket system--resolution of the Legislative Councils--views of different parties--stat e of the colony--Earl Grey accused of breach of faith--Earl Grey's speech--declares his determination to pr oceed--the effect of his speech on Van Diemen's Land--Leagues formed--Neptune arrived--protest-. The "Australias are One"--address to the colonies--Earl Grey renews his appl ication to New South Wales--decision of the people--response of the colonies--meeting of abolitionist s at Hobart--declare against transportation to any of the colonies--a conference appointed--delegates meet in Victoria--the Australian League formed--large subscriptions--fire in Port Phillip--meeting of delegates in New South Wales--proceedings of conference--the elections--the discovery of gold--effects on employers--League assailed by the convict party--delegates visit Adelaide--League adopted at New Z ealand--people return opponents of transportation--conduct of emancipists--not one supporter of transp ortation returned--resolutions of the Legislative Councils of New South Wales. Volume I London agency--meeting--Lord Grey's despatch announcing the views of governm ent--address of Sir W. &c. 335. Mammalia. 335. 298. p.

and defend its soil. they were unrivalled in nautical science and commercial opule nce. absurdity. and infernal. requ ired much research and deliberation. Anthony Van Diemen was governor-general of Batavia: by him. "Van Diemen" is harsh. Nearly fifty years have elapsed. and. being Stadtholder of Holland) the Dutch discovered this island.The History of Tasmania." the name by which New Holland wa . with an amiable fondness love Tasmania as their native count ry. grandfather of William III . a designation is chosen gener ally preferred by the colonists. complex. to remove partial color ing from statements made long ago. To gratify their curiosity. because while Tasmania is a melodious and simpl e sound. Tasmania is preferred. At this time. and. and to conceal the information they possessed from the rest of the world. because "Van Diemen's Land" is associated among all nations with the idea of bondage and guilt. hereafter. The enterprise of that people had raised them to the zenith of their power: unless by England. and to exhibit useful truth without disguise and without offence. not inferior i n virtue and intelligence. The author has endeavoured to realize the feelings and sympathies of the benevolent and just of another age. by several literary societies and periodical works: it forms the term by which we distinguish our Ta smanian from our European youth. they will fill an important position in the vast system of Australasia. The difficulty of the task can be appreciated only by experience. guide its affairs. (Frederick Henry. Thousands. while they ven erate the land of their European ancestors. and this country is the first known discovery of Tasman. extend its commerce. "Van Diemen" is a na me affixed to the north coast of New Holland. ***** During the reign of Charles I. is the purpose of this history. to separate reality from romance. and offer to their view the instructive and ins piriting events of the past. facts worthy of remembrance. The name of Tasman is recognised by the royal patent constituting the dioc ese. More for the purposes of trade than the acquisition of knowledge. when the passions with which they were associated shall subside for ever. when p assing. In calling this work THE HISTORY OF TASMANIA. and wickedne ss which exercised no distinct influence on the common welfare. To collec t from scattered records. much less to recal from obscurity the errors. They will. they were anxious to discover unknow n countries. finally. A generation has risen up and is passing away. Volume I SECTION I. since Van Diemen's Land was numbered with the colonies of the British empire. may have been deemed momentous. A bel Jans Tasman was commissioned to explore the "Great South Land. It is not the intention of this history to relate every event which. and to confine his pen to details whi ch may maintain their interest. and which their successors will certainly adopt.

although he questioned whether written by Tasman . erected in 1665. when. on his return from his voyage to these seas. Sir Joseph Banks acquired at the same time a copy of instructions to Ta sman. it received its present des ignation. and figures. by the authority of the Netherland government. They were quite forgotten when Sir Joseph 8 . The southern hemisphere exhibited the discoveries of Tasman and his predecessors: th ey formed the pavement of the hall. views. Tasman's journal was translated by a Netherland clergyman: he considered the age of the manuscript co nfirmed by the spelling: that it was genuine he had no doubt. however. and which recapitulated th e various voyages of his predecessors. In this abstract nautical deta ils respecting Van Diemen's Land were omitted. and afterwards translated into most European tongues. These were purchased by Sir Joseph Banks. and were execut ed by a celebrated artist.s known until 1665. These. and by thirty-eight charts. but were described in the journal itself. three hemisphere s were wrought in stone. was first published b y Dirk Rembrant. or transcribed at his command. To adorn the new stadthouse of Amsterdam. until obliterated by the tread of several generations. have no connection with Van Diemen's Land. containing an account of his discovery. given by the Governor of Batavia in 1644. of twenty-two feet in diameter: the circles were inlaid with brass. A fragment of the journal of Tasman. for a second expedition.

laconic. or refreshment was obtained. Jerit Zanzoon. On this day they named their discovery: "we called it Anthony Van Diemen's Land. we must then meet with islands. and had soundings at sixty fathoms. and arrived on the 5th of September. On the 22 nd they found their compass was not still within eight points. and then steering northward se arch with the trade wind from east to west for the Solomon Islands. then make for latitu de 40° south." On the 17th. it was resolved that a man should constantly look out at the topmast head. On the 25th. the fly-boat Zeehaan. That island. Tasman embarked at Batavia. they were in latitude 4 4° 15' and longitude 147° 3': they concluded that they had already passed the south land then known. On the 4th November they saw patches of duckweed and a seal. in company. then commanded by Van Steelan. and gave slight promise of its present importance. on the 7th. Francis Jacobzs. supported by the advice of the steersman. fifteen to a degr ee. and then to run back towards the land. and middle longitude 163° 50'. and inferred their vicinity to land. 1642. and to the nort h-east two smaller mountains: here their compass stood right. On th e 27th. Am en. they found their latitude 42° 25' south . at noon. which they attributed to the influence of loa dstone. and d evout. thus delivered hi s opinion:--"We should keep to the 44° south latitude. and displayed the extent to which New Holland and Van Diemen's Land were known. longitude 163° 31': in the afternoon. On the 14th of August. and the islands near (Boreels) we named in . a council being called. They set sail for the Mauritius. at 4 o'clock. or safe anchorage found. his miles were German. indeed. until we have passed 150° longitude. Volume I Banks sought information from the inhabitants. We imagine. bearing east by north. They resolved to run off five hours t o sea. full of pious sentiments: when a long desired breeze liberated the vesse l from port. on board the Heems kirk. The first pilot. that the first discoverer of land should receive three reals and a p ot of arrack. The land was high. On the 24th. in honor of our high magistrate and governor-general. and keeping in that parallel to run eastward to 220° longitude. they were ready to depart. master. if we meet with no main land t ill we come to 150° longitude. and which kept the needle in continual motion. he dots down a thanksgiving.[1] It opens with an invocation: "May God Almighty be pleased to give his blessing to this voyage. was but little cultivated . and at 5 o'clock they were within three miles of the shore. He reckoned his longitude from the Peak of Teneriffe: the hours he called glasses. and to e ncourage vigilance it was determined. They approached a level coast." The document is. and re ckoned their latitude 42° 30'. when on a change in their favor they stood eastward to sea. the morning was calm.[2] On the 4th October. but we re delayed by contrary winds until the 8th. and towards evening they saw lofty mountains to the east south-east. The journal of Tasman has been greatly admired: it is clear. they observed land.The History of Tasmania. Point Hibbs. A copy of these works of art was preserved.

one (the Swilly. They remarked two trees. and two and a-half in circumference: the bark taken off with flint stones. and left the Prince' s flag flying upon it. Between the cliff and the main la nd they passed. full five feet from each other. they anchored in a good port (marked Frederick Hendrik Bay in the chart). south-west from their ships. the eastern cliff. near the coast of China. which dropped from trees. and greens "which might be used in place of wormwood. such as are left by the claws of a tiger. They saw marks. On the following morning the boats were despatched to the shore: on their r eturn. that land could scarcely be sighted in the morning. of Furneaux). and in the evening they came near three small islands." Next d ay they lost sight of land. of Cook). the steersman informed them that they had heard the sound of voices. where they found it impossible to anchor. they were widely separated. and brought on board the excrements of some quadruped.[4] "When 9 . in sear ch of water: the surf prevented their landing. They fixed the longitude 163° 50'. but the carpenter swam on shore. until they came almost to Storm Bay. as you may see by the little map we made." They saw people at the east corner of the bay:[3] they found no fish. On the following morning they p assed two cliffs. In the afternoon of the 1st December. sixty feet from the ground to the branches. resembling a high misshapen tower (the Eddystone. and of a little gong. they went to a little bay.honor of the council of India. on which a compass was carved. with twenty-two fathoms water. and admitted an extensive vi ew. he erected a post. and were dri ven by the wind to sea--so far. and indicative of a very tall people. of Furneaux) like the Pedra Branca. On the 3rd. and near four remarkable trees. and gave orders to the master of the Zeehaan to adopt that reckoning. On the 28th land reappeared. one of which they thought like the head of a lion (Mewstone. the other. and steps cut to climb for birds' nests. but saw no o ne. gum lac. and bottom of fine light grey sand. standing in the form of a crescent. except mus sels: many trees were burned hollow near the ground.

and a black servant was wounded by a spear. The French fired their muskets. of the ma ster Jerit Zanzoon. and a succe ssion of illustrious navigators. whic h sketched the form of the coast with considerable exactness. and ar rived at Batavia on the 15th June. or to conciliate the mother! In hope to confirm the agreeable fiction the journal of Tasman has been examined. which he supposed a ceremony of friendship. is a pleas ing tale. Amsterdam. exhibited uncomm on ferocity. and threw a shower of stones. we went in the shallop as near as possible. Abel Jans Tasman. as he imagined in compliance with their custom. and t . and anchored in Frederick Hendrik Bay. The remarks they made are of no great value: they entered the country. they ret ired to a hill. Marion and some others wer e injured slightly by the missiles of the natives. A small map. We then returned on board." t hen the grand object of nautical inquiry. according to the French. but when he lighted a heap of wood. On his stepping on shore they offered Captain Marion a fire stick. but in vain. touched at Van Diemen's Land. Tasman closes his journal with his usual devotion: "God be prai sed for this happy voyage. who in 1772 arrived from the Mauritius. and under merchant Abraham Coomans. where by an encounter with the natives several lives were lost: thence they passed Tongataboo. "in honor of our governor-general an d his lady. in their passage to regions deemed more important. and were unsuccessful in obtaining water. but who can tell whether the Maria I sland of Tasmania's coast was named in complaisance to the daughter. The visi t is chiefly memorable for a fatal collision with the natives." That Maria Island was named after the daughter of Van Diemen. the next visitor was Captain Marion. From Van Diemen's Land they proceeded to New Zealand. but the evidence on which it rests is far from conclusive. and left this memorial to the poste rity of the inhabitants. accompanied the account of this voyage. Amen.The History of Tasmania. The spirit of discovery revived in Europe after a long slumber. on the eastern coast. They did not show themselves. Volume I the said carpenter had done this in the sight of me. and thus rapidly developed its geography. of t he Mascarin and Castries. who. and the natives fled: their pu rsuers found in the wood a dying savage--the first victim of European intrusion. Thus at Amsterdam he called the anchorage Van Diemen's Road. and Rotterdam. which they supposed was intended to drive wild animals from the coast. and saw everywhere the effects of fire. 1643. Patrick's Head)." The last object they noticed was a large round mountain (St. and we suspected some to be not far from thence. and wa tching carefully our doings. in search of the "southern continent. and that Tasm an went over the ocean writing down her name in the imperishable records of his discoveries. The y could not discover a tree suitable for a mast." That a daughter of the same name existed is not improbable. After Tasman. the 4th March. of which they lost sight on the 5th December. and the sa id carpenter swam back through the surf. and where the boats went for water Maria's Bay.

He sighted the island bearing no rth-west half-west. which is separated from Storm Bay by Cape Frederick He nry. The numerous islets and tortuous navigation of the coasts led Furneaux into seve ral errors. then accompanied by Captain Clerke. There the vessels separated in a fog: they were unable to rejoin. To discuss them would tire the patience of nine readers in ten.ended to awaken the French to the importance of these seas. exactly one year after Marion left the island. The next visit was accidental. There they found anchorage in seven fathoms. 1773. and obtained woo d and water in abundance. The Adventure sailed along the eastern coast to the latitude of 40° 50'.[5] On his third and final voyage to the Pacific. and afford no pleasure to the te nth. but most important: Captain Cook. and discovered Adventure Bay. Finding no anchorage. touched at Van Diemen's Land in the Adventure. Furneaux passed the black rocks (the Boreels of Tasman). narrowly missed the discovery of the s traits. He. within half a mile of either shore. but a very deep bay. he conveyed to Captain Cook. After passing the Mewstone. l eft Great Britain to explore the icy region near the Pole. and while Cook proceeded to New Zealand in the Resolution. He made the south-west cape on the 9th of Ma rch. a boat's crew sen t on shore reported favorably of the country. Captain Cook touched at Van D iemen's Land in the Resolution. his second in command. in 1772. which he called the Friars. who had inten ded to visit Van Diemen's Land for the solution of this geographical problem. and turned off for New Zealand. and that they had seen beautiful cascades pouring from rocks two hundred feet high. which now he considered dete rmined. convinced "that there was no strait between New Holland and Van Die men's Land." The impression he adopted. wher e Furneaux observed the land turned towards the westward. distant 10 . however. Captain Tobias Furneaux.

in the hope they might escape them. Volume I three leagues from Mewstone. he dropped anchor in twelve fathoms. H e departed on the 30th for New Zealand. or ascending the neighbouring hills. he left New Holland. " Captain William Bligh planted seven fruit trees: Messrs. Ande rson. This celebrated naturalist was attached to the expedition of Rear-Admiral Br uné D'Entrecasteaux. and vegetables." They consisted of one fig. to perfect the description of the globe. the brig Mercury. Mr. A neighbouring rock. acorns. 1789. it was fondly hoped that he still survived. where at 4 P. in which he was successful. entered a d eep bay on the south side of Van Diemen's Land. and afterwards accidentally discovered Oyster Bay. and W. two pomegranates. whence he was instructed to convey the bread fruit tree to the West India Islands. sent out by the government of France to ascertain the fate of La Perouse. John Henry Cox. he reached Great Britain. the surgeon. Captain Wm. whose amiable r eputation conciliated the good-will of all parties. Bligh. They doubtless all perished.The History of Tasmania. and thus add to the resources of the country. and particularly with its gigantic forests. Although concluded that the vessel he commanded must b e lost. from its resemblance to an English lighthouse of that name. beyond its primary design. The national assembly paused in the midst of its conflic t with the king. when on his voyage to Tahiti. An apple tree was found by Labillardière on the coast. The officers were delighted with the country. describes the expedition as intended. . he was carried to the eastward. His object was frustrated by the mutiny of his crew. he call ed the Eddystone. unnoticed by Furneaux. An inscription found by the French crew on a tree. the expedition of La Perouse was seen by the astonished English approaching the coast. touched at Van Diemen's Land in 1788. and will be noticed in the history of that unfortunate people. In his decree. During his stay he planted several fruit trees. and rewards offered. On the day the first colonists of New South Wales entered Port Jackson. The account left by Cook is chiefly interesting for its description of the natives. botanists. Detained by calms. and re-appeared in A dventure Bay in 1792. The Providence and Assistant wer e placed under his command: he was sent on the same errand. T. subsequently governor of New South Wales. spent his leisure wandering on the beach of Adventure Bay.M. On the 3rd July. angling in a lake. which were driven into the bush when the n atives were not present.[6] Captain Cook left swine on the shore. master. and gave a sea captain a monopoly of fame. and was about ten miles from the Mewstone: attempting Adventu re Bay. signified that near by. to request that vessels might be dispatched. for his relief.. and four quinces. The Frenchman was greatly scandalised by the despotism which condemned men of science to initi als. within a mile of the shore. and after a passag e in an open boat. Louis XVI. attended with extraordinary perils. he did not reach Adventure Bay until the 26th. After an interchange of those civilities which di gnify the intercourse of polished nations.

[8] Dillon was honored by the French government with the title of Chevalier. In 1792. Perouse stated his intention "to employ six months in visiting the Friendly Islands to procure refreshments. they discovere d the channel which bears the name of D'Entrecasteaux. relics were recovered. and Captain Huon Kermandee in the Esperance. D'Entrecasteaux in the Recherche. to complete their observations. must be felt. 1787. with that of Louisiade. as far as New Guinea. of the Bombay marine. Their charts are said to exhibit the finest specimen of mari ne surveying ever made in a new country. marked with his cypher. he therefore visited the island. the l and of the Arsacides. when looking for Adventure Bay. Rossel. A lascar informed Captain Peter Dillon. They found that the channel extended to the Storm Bay of Tasman: they entered and named the Huon.In a letter. 1793. who recorded the events of the voyage. now the Derwent. and examined the different harbours.[9] Of D'Entrecasteaux's Channel. the south-west coast of Mendana. where he found several relics of the lost admiral. in a gulph which bear s the menacing name of Storm Bay. which demonstrated the vicinity of his misfortunes. reached Van Diemen's Land. and equally safe in every part. then deemed the most important discove ry since the time of Tasman. with the private ships Duke and D uchess. Such a retreat. when they departed on their search. and returned on the 20th January. that two Fre nchmen survived at Manicola. of the East India Company's service. to be able to express. On the 20th April." Captain John Hayes. among the rest his sword guard. dated September. examined Storm 11 . and received a pension. twenty-four miles in length. writes with rapture:--"A harbour. and the Rivère du Nord. They remained a month."[7] Many years after. is a luxury that. although the Frenchmen were dead.

were found in abundance. kangaroos.The History of Tasmania. a name given it in honor of the Duke of Por tland. To test this discovery. six men. Western Arm. After escaping great dangers.[10] Green Isle. He continued his course until the agitation of the water convinced him that the open sea was not far distant: he d iscovered Western Port. He had already given proof of intrepidity: in company with Flinders and a boy. Proceeding along the coast. and Crescen t Shore. 1798. They reported Port Dalrymple an excellent place for refreshments: black swan s. Whirlpool Reach. of 25 tons. He explored six hundred miles of coast. Captain Hunt er. whose quills covered the beach in countless thousands. Bass obtained from Governor Hunter a six-oared whale boat. which he called the Derwent. called Tom Thumb. observing the swell of the ocean. which enabled him to prolong his absence to eleven weeks. they came to a headland. however. and six weeks provisions: with this outfit he proceeded along the eastern coast of New Holland. they returned to Port Jackson with valuable information respecting the coast. to the extent o f their navigation. then secretary for the colonies. and mussels and oysters. was more correct than his own. the governor authorised Lieutenant Flinders and Mr. eight feet long. He passed up the Rivère du Nord much f arther than the French. thence they passed Port Waterhouse. of the forest kind. and passed in safety the clustering islets in their . flocks of ducks and teal. they sighted Cape Portland. called after the hydrographer of the admiralty. They remarked a long swell from the south-west breaking on the western s hore: they hailed it with joy and mutual gratulation. and a country of great attraction. res olved to test the conjecture. Twelve weeks only were allowed for the voyage. from its resemblance to a Christmas cake. Middle Island. George Bass. Mr. one-half of which was hitherto unknown. Swan Point. in 1794. They now approached the solution of the questio n which had dictated their voyage. an enterprise beyond example in nautical adventure. and entitling him to that re nown which belongs to his name. In 1798. In October. and in his passage affixed names to various places. occasional ly landing and obtaining supplies. they left Port Jackson: after spending some time among th e islands which crowd the straits. The form of Van Diemen's Land had long been a nautical problem. which compelled the navigators to content themselves with a cursory survey. which they called Cir cular Head. Bass to sail through the strait in the Norfolk. a gentleman to whom his generous friend Flinders refers with great admiration. Volume I Bay and D'Entrecasteaux's Channel. preserve memorials of the visit in their designations. so called after the captain of the Reliance. a colonial sloop. which have effaced those given by the original French discoverers--whose survey. su rgeon of the royal navy. deemed the existence of a strait highly probable. Al exander Dalrymple. h e embarked in a boat. The first important discovery was Port Dalrymple.

course: the extreme north-west they called Cape Grim. Bass depicts the Derwent as a dull and lifeless stream. Flinders proceeded to Herdsman's Cove. They named Point Hibbs after the master of the Norfolk. coves into bays. how creeks are magnified into rivers. Proceeding round the western coast. but left him the honors of discovery. which was built at Norfolk Island. and King George's Plains. but vessels avoid the winds which obstruct navigation roun d the South Cape and Cape Pillar of Van Diemen's Land. they gave the name of their vessel. until he proceeded up the Derwent. which in memory of his vessels they called Mount Hee mskirk and Mount Zeehaan. 12 . The discoveries of Flind ers here may be said to terminate. It secured perpetual renown to Bass. they observed the mou ntains noticed by Tasman when he visited the island. and a few ac res into plains: as Risdon River. Both Flinders a nd Bass observe. with indignation. which he so distinguished f or its extensive pasture and plentiful waters. which prolong the passage several days. a point of great importance in the conveyance of passengers. The utility of the strait was highly rated. whose name it bears: this was given by Governor Hunter at the recommendation of Flinders. They corrected his defin itions. Prince of Wales's Bay. The Norfolk steered into the Derwent by the chart of Hayes. of the pine peculiar to that pl ace. respectable only bec ause the Tasmanian rivers are insignificant![11] To a bay they entered on the western side of Tasman's Peninsu la. whose candour is always conspicuous in awarding the palm of discovery to those to whom it is due! Not only does the str ait curtail a voyage from the Cape by four degrees.

after the departure of Bass. They hauled to the wind across each other. a naturalist whose collection added largely to hi s department of science. Instantly. and gave right of entry to all p orts subject to France. and although some specimens of plants were lost in the Porpoise. however. Brown. of M. the Investigator was plac ed under the command of Flinders. except when he tells of his trials. they saw breakers a-head. and it was declared that reparation was impossib le. it is said. He wand ered on the banks of the Derwent and Tamar. Otto. to prosecute researches on the coast of New Holland. His work was patron ised by the admiralty. but happily they passed off side by side. and several afterwards. a collision seemed inevitable: a death-lik e silence prevailed during the awful crisis. Flinders received a passport from the French government. and attended by Westall. furnished with a chosen cre w. Flinders expressed great astonishment. though of vast scientific worth. Flinders had proposed to visit Van Diemen's Land. until the Reliance returned home. and the Investigator was condem ned: the hull was found rotten. at between eight and nine knots. a painter. and Brown. are not gr eatly interesting to the general reader. This protection was demanded by Lord Hawksbury.The History of Tasmania. the naturalist. and fitted with a keel sui ted to shallow waters. but on the day of publication. Volume I Flinders continued. It inhibited all vessels of war from molesting the Investigator. who was promoted to the rank of commander. the other vessels were seen hastening to t he same destruction. and were pu blished. which were many. but had been partly anticipated by the Lady Nelson. and he had the prospect of reward. Before signals could be made.900 species was wanting.[13] The volumes of Captain Flinders.[14]--he cast that anchor which is never weighed. the celebrated representative of the Rep ublic in England. in company with the Cato and the Bridgewater. 1803. sent from England to be employed as tender to the Investigator. fame ceased to be val uable to him. and remarked that a hard gale must have sent her to the bottom.[12] In June. on condition that nothing were done hostile to that po wer. destroyed him. In that vessel his charts were conveyed. On inspecting her condition. expressed with the usua l amplitude. collecting shrubs and flowers during a stay of several months . A survey was instantly held. for refitting or refreshment. the . A long imprisonment in the Isle of France. not one out of 3. Flinders passed the north coast of Van Diemen's Land: eightee n men were lying in their hammocks almost hopeless of recovery. and Flinders embarked at Port Jackson on board the Porpoise. When passing through Torres Straits. and the mental anxiety inseparab le from a strong sense of injustice. some of whom died before the vessel entere d Port Jackson. On a plan being offered by Sir Joseph Banks for completing the survey. His case may be told in few words: the Inv estigator was condemned as unfit for service. both plank and timbers. remained some time after the expedition was interrupted.

750 miles distant. sent many presents to the sufferers. this was the last. but finding that she was unable to bear the voyage. respecting him. There he was detained a prisoner six years. The French had found in his journal a wish dotted down to examine the state of that settlement. first charged with imposture. beside the Cumberland. but his long detention after his release was promised. for before morning he disappeared. and present his passport at the Mauritius.Cato struck on the reef. sailed for Europe. There he obtained the assistance of two vessels. with a selfishness happily not common--without e ven sending a boat to pick up a cast-away--proceeded on his voyage. of these. All hands were preserved. he wa s accused of violating his passport. who soon hailed the arrival of Flinders with rapturou s cheers. for the moment. which he called the Hope. Before the Investigator left England. Having performed this duty.[15] He reached India in safety. he resolved to con fide in the honor of the French. Some doubt seems to have been rea lly entertained. 13 . The Bridgewater was yet safe: she was s een at dawn. the Geographe and Naturaliste. he proceeded towards England in the Cumberland. but while awaiting her help. A cutter was built and provisioned from the s tores saved on the reef: in this. who from Flinders' papers were appropriating to Baudin the honor of discoveries he never himself claimed. and each time had been wrecked. written when a stranger to the renewal of war. and the dishonesty of the French Institute. This was effected by Flinders. bewailing his unhappy lot: four times he had embarked in different vessels. he set out for Port Jackson. under C aptains Baudin and Hamelin. except three boys. a colonial schooner of 29 tons. unsolicited. and was totally lost. the captain. with seven men and three officers. and was never heard of more: the people he had abandoned were all rescued. one spent t he night on a spar. The inhabita nts. and when these imputations were refuted. w as ascribed to the ambition of Napoleon. then treated as a spy.

Having touched at his la nd of Napoleon. M. While Flinders was prosecuting his voyage he met Baudin on the coast of New Holland. notwithstanding the contingency of wa r: it being well said by the French. Flinders showed his discoveries to the French. Their survey w as minute. to supplies in any English colony. after a long search for her consort. During a pause in the hostilities of Europe. that the promoters of scientific knowledge were the common benefactors o f mankind. he burned the property he could not carry off. three only survived. they speedily recovered. but with little sincerity. By a change o f diet. in attempting to circumnavigate this island. The condi tion of the crew was terrible. a boat appeared wh ich had been dispatched by the governor. When at Port Jackson.[16] The French surveyed the eastern coast. Throughout the passage he experienced the most fearful storms: the darkness at n ight often prevented the execution of naval manoeuvres. he resolved to pass the south c ape of Van Diemen's Land.The History of Tasmania. at a place thence called Encounter Bay. "cries of agony made the air ring:" four only. Baudin. The terms granted e ntitled them to freedom from search. the water corrupt. He eulogised the conduct of the colonists to extravagance. rather than cordial. having captured a small English settlement. and was buried on the spot which bears his name. both nations were competitors in science. Baudin died: Captain Hamilin. and gave the name of Fleurieu to the Oyster Bay of Cox. The vessels were ill-provisione d. The French vessels parted com pany. of the Geographe. Monge. returned to the Mauriti us. and invited u . and the channels and rivers of the coast. then premier. and finally determined the position of the Frederick Henry Bay of Tasman. and the vessel was drenched with water. was far more unfortunate. Yet the suffering of the French may be mentioned with pity: of twen ty-three scientific men who accompanied the expedition. Th e surgeon of the Geographe. They examined the intricacies which had escaped the observation of earlier navigators . They then passed through a strait heretofore unnoticed. They coasted between the main and the Schoutens. were able to keep the decks. proceeded to New South Wales. Volume I visited this island. who saw the French were unable to manage the vessel. and they encountered fearful tempests. including the officers of the watch. a safe conduct for this expedition. The interview was civil. of the Naturaliste. which divides the Schoutens and Freycinet's Peninsula. Captain Baudin had been directed by his government to examine the eastern co ast of Van Diemen's Land.[17] but it is mortifying to find. that soon af ter. fell by an attack of the natives. and thus overlooked the bays. instead of returning through Bass's Strait to Port Jackson. the French gov ernment obtained from Mr. and sometimes three boats were employed in different directions. and rivals are rarely kind. and the Naturaliste. After beating about Port Jackson for several days. who adm itted the justice of his prior claim. Addington. who erroneously numbered the islands on their charts. the discoveries of D'Entrecasteaux.

On his arrival at Botany Bay.pon deck the ladies. he interred the naturalist of his expedition: the memorial he set up was destroyed by the natives.[21] 14 . he fell by the dagger of a savage. was Labillardière. and Governor Phillip repaid. who attended him through all his expeditions .[19] De L'Angle. Pete r and St. to witness the devastations of their late peaceful dwellings. His colleague. but few regained their native land. that after a career eminently glorious to his country and profession. his prisoners. w hile attempting to restrain his men who were firing to protect him. He was buried beneath a tree at the harbour of St. with eleven officers and men. A child need scarcely be told. was hardly less melancholy: both comma nders were buried by their crews. and many of the seamen died in captivity. others with the jacobins. the honor done to h is own countryman. the companion of Perouse. Captain Clerke. The misfortunes of the distinguished navigators. The fate of Cook belongs to a story which mingles with our early remembran ce. the admiral at Louisiade. who restored it. The vessels we re detained by the Dutch at Java. whose success has been rec orded. among these. Perouse defaced. and Huon at New Caledonia. Paul. which hastened the crisis of a consumption. fully equalled their fame. he remained in the neighbourhood of Kamsc hatka.[18] This was found by M. however. by the substitution of another. did not long survive him.[20] The end of D'Entrecasteaux and Huon. There the calamities of their co untry became known to them: some sided with the royalists. Resolved to complete his instructions. lost t heir lives by a misunderstanding at the Navigators' Isles: the manner of his own death may be in ferred from the native tradition. and an inscription pointed to his grave.

. and posterity will pay public honors to their fame. FOOTNOTES: [Footnote 1: The following is its title:--Journal of Discovery. Volume I The fate of Captain Flinders is already told. his honoured commander. Flinders[24] predicted that the name of Bass would be conspicuous among the benefactors of mankind: the glory of his own will enlarge with the value of his discoveries.H. . A fragment.. which may give reputation to success without merit.The History of Tasmania.R. A rumour that he was alive in 1812. was taken prisoner. on the 26th of Feb. was lon g preserved at Port Jackson. R. with the following inscription:-This place. and destitute of every species of quadruped. N. adorned with this monument. Port Lincoln. which is re presented in the drawings that illustrated his journal. GREY..-Colo nel GAWLER. engraven with the particulars of the passage. was presented to M.] [Footnote 2: Discovered in the year 1505. of a Voyage from Batavia for making discoveries of the unknown South Land. was on 12th Jan. K. but were the reward of prudent ent husiasm.H. mounted with silver. rear a monument worthy the destinies of their names: private mem orials may be perishable. 1813. which first swept the waters of the strait. He h ad been left by an English vessel. as a memorial o f the man whose example had stimulated colonial discovery.. At the cost of £250. Bass is involved in obscurity. then set apart for. Investigator. from which the gulf and its shores were first surveyed. Abel Jans Tasman. Of its keel snuff boxes were wrought. like the sympathies which inscribed them. A small community cannot. that of Dr.M. by MATTHEW FLINDERS. by JOHN FRANKLIN..[22] In the coloni es it was reported.N. K. was circulated in London..[23] The whale-boat of Bass. Captain R. and in the first year of the Governm ent of Captain G.-Governor of Van Diemen's Land. In 1598 it was visited by the Dutch Admiral Van Neck. Sir John Franklin erected an obelisk on the rock of Stam ford Hill. that the vessel in his charge foundered at sea.C. with the sanction of Lieut. 1802. then Governor of the Colony. in South America." It was uninhabited.S. a Spani sh navigator: he gave it the name of "Cerné. commander of H. who finding it unoccupied gave it its present name.. Prince of Holland.--Burney's Chrono logical History. Baudin. K. and the discoverer of the country now called South Australia. 1642. by me. to the perpetual memory of the illustrious navigator . in honor of Maurice. and had remained two years subsisting on turtle and dates: his understan ding was impaired by his long solitude. by Don Pedro Mascarequas. 1841. Lt. In 1601 a Frenchman was found on the island by a Dutch captain. and there died. and it has p assed through many changes. others alleged that he attempted a contra band trade in the Spanish colonies. and regarded as valuable relics. The Dutch had a small fort. but a future and opulent era will disp lay the moral grandeur of their enterprise. They result ed not from accident. when it was visited by Tasman. The Dutch afterwards abandoned the island. indeed. and with his companions sent to the quicksilver mi nes.

at the "King's Arms. It was now the time (29th January!) when nature poured forth her luxuriant exuberan ce.] [Footnote 7: Voyage of Perouse (translation).until it was conquered by Great Britain. and doubtless marks the spot where the ship's carpenter swam ashore. of the Venus. and lawns. p. London. whose green shades encroach upon the verge of the oc ean. published in the last cent ury. rivers. e mbosomed in its innermost recesses by a noble forest. contains the following sentence. still shelters itself under the castellated cliffs of trap rock. as perhaps the first example of invention in reference to the country. to which he was directed by the words. of various notes.] [Footnote 6: A folio edition of Cook's Voyages. and nearer its northern than its southern extremity.] [Footnote 5: Cook's Voyages. to clothe this country with rich variety. beneath a tree in Adventure Bay. with its fringe of grey ironst one shingle. the sea has cast up a key of large grey rounded ironstone. from his 15 . which interrupts the equal curve of the beach. 425. It is less than half-a-mile across. p. vol. London. still legible." Paternoster-row.] [Footnote 3: Probably their fires: had they seen them. "dig underneath."--Vol. whose m elody was truly enchanting.] [Footnote 4: "The same romantic little rock. 327.--Grant's History of the Mauritius. they could not have fallen into error respecting their height. Letters buried in a bottle. on its northern and southern horns. in 1809." "Thickets full of birds of the most beautiful plumage. were found by Captain Bunker."--Gell's Remarks on the First Discovery: Tasmanian Journal. ii. of vast extent. which. ii. 1799. may deserve remembrance:--"Stately groves." and supposed.

p.--Flinders." "Oftentime did they repeat that excellent maxim. Peron. 533. R. He went no more on shore. and absurdly insinuated foul play. 183. On the 17th January. and M ougé was probably of the party. "then to strike down our weak friend. no doubt. Jorgenson. ii.R. 1814. The first mistake can be allowed for. 305.] [Footnote 15: See Flinders. and returned to Europe in charge of Ca ptain Kent. but the benefit of these sentiments was denied Captain Flinders. The Investigator was cut down. but to the grave.] [Footnote 16: This statement. Mr. prompted an expedition in 1791. at his second visit. who adds--"these letters were dated one month after his departure from Port Jackson. and the whole resources of the colony were at the disposal of the Fre nch captain. vol. this account which Mr. p. in his rattling way. i. 275.] [Footnote 11: Collins.] [Footnote 12: Remarks by Robert Brown. 146° 48' 15" E." The French say. vol. In this he was mistaken: they were deposited by D'Entrecasteaux. He was buried at the foot of a tree.] [Footnote 10: Position of Low Head:--Lat. that France first inscribed on the code of nat ions: causa scientiarum causa populorum"--the cause of science is the people's cause.] [Footnote 13: Flinders. but not that a discovery of letters in 1809. and led to the opinion that the expedition must have perished on some r eef of Van Diemen's Land.] [Footnote 17: "The famous northern confederacy placed England on the verge o f destruction. vol. Long. or at least should be refused succour. A native attempted to snatch the drawings.] . a nd was instantly conveyed on board. the French were attacked by natives at Swan Port. after Rev. Gell. p. p. p.] [Footnote 8: Hobart Town Gazette. that she was in good co ndition. Mougé died fr om diseases occasioned by the climate of Timor. 1827. is erroneous. ii. Volume I imperfect knowledge of the language. and the hardships of the voyage (See Peron's work). but the English received him with liberality. In consequence of this idea. tender to the Investigator. Appendix to Flinders.] [Footnote 18: Cook's Voyages. the Dane.] [Footnote 19: Tench's Narrative. 41° 3' 30" S. vol. and did not avenge this violence. Widowson. who was a seam an on board the Lady Nelson. 1802). that they were left by Perouse.The History of Tasmania. It is. He arr ived in an exhausted and consumptive state: when he attempted to land (20th January. F.] [Footnote 9: Flinders' Introduction. he fainted. and Captain Hamilin had reason to fear that he should not have been allowed to remain in por t. grande et loyale: the first houses at Port Jackson were open. 99. 1828. when he was prevented by those who ran to his assistance. stated. Gell confused with the death of Mougé. &c. So writes M.S. Bent's Almanack. adopte d Bunker's mistake: it was copied by Mr. ii. at Maria Island. they loaded them with favors.] [Footnote 14: Quarterly Review.N." &c. the French government in 1791. and the name Point Mougé was given to the spot.

the survivors. M. left Manicolo. A small vessel was built from the wre cks. a piece of the ornamental work of the stern of a ship (with the arms of France) much decayed. that the strangers were continually looking at the sun. a Spanish dollar. who were d efeated: the other died at Manicolo about three years since. some of the crew managed to effect a landing. and have never been heard of since! The natives further represented. the natives taking them for white spirits. de la Perouse. the oldest natives state. and as soon as the bark was ready. and taking their usual observations. de L'An gle. a composition pump. On one stormy dismal night. W. Captain Dillon has secured several nautical in struments. which are all marked with the fleur-de-lis. whilst on the i sland. h owever. One was a complete wreck by day-light. a large 16 . and all hands perished! From the other. a silver salver. So late as six years ago. copp er cooking utensils. many silver spoons. M. a pair of g old buckles. which spot Captain Dillon saw. but one joined a party of the natives in a war. side of Manicolo. several brass sheaves belonging to a frigate's topmast. As soon as the unfortunate mariners were proved to be human beings. with the exception of two. the two Frenchmen were alive. those that had escaped deat h from the waves and the savages were allowed to remain unmolested. when many of them were massacred as they gained the shore. and the Boussole. were lost on the S. some China ware. with long noses (their cocked hats being considered a pa rt of the face!). the vess els were blown upon a reef.[Footnote 20: "The Astrolabe.

" "Accounts were brought from the Cape. who sailed for his native country on the 23rd of December. on returning h omeward was captured by the English. which led to this important discovery. member of the council of India and admiral of the fleet. and gave it to the other members of gove rnment. Patrick.] [Footnote 21: Rossel. were found to h ave bags suspended to their sides.. and was patronised by Napoleon. 1661. whose name is given by Tasman to a rock on the coast. in extreme danger. By Franço is Valentijn. 1662. iv. and heard him call several times for help. "that he saw Arnold de Vlaming. together with about four or five tons of other valuable and recognisable articles. 312. by Dr. p. in the absence of an able phrenologist. 1819. and which bears the ciphers of the unfortunate Count." "The paper still remains at Batavia.] 17 . Amsterdam.] [Footnote 22: Penny Cyclopædia: art. and being a royalist was employed in the admiralty.. but whether the y were of European or aboriginal extraction. "sealed it. 1835. but when emigrants were permitted to return." The dream was repeat ed: "he then remained awake. is of a dream of John Maatzuiker. 1828.] [Footnote 23: Ross's Almanack. The story is taken from Old and New West Indies. Bass. the silver handle of a sword-guard that was taken to Cal cutta in the St. he went home. His account of D'Entrecasteaux is mor e favorable than that in the work of Labillardière." &c. or did twenty years ago. Volume I quantity of iron knees. Wm. On the 11th of Feb. January. he dreamed. noted the day. the editor of D'Entrecasteaux's Voyage. that the same day his ship and some others had sunk with man and mouse. could not be asce rtained."-.The History of Tasmania. or huts. vol. The following curious relation."--Sydney Gazette.Collection of remark able Dreams. Greve. Most of the houses. several large brass guns. which were found where one vessel was totally wrecked. and those contained human sculls in a decaying condition.

the military marched to the ground with music. [26] They touched at Teneriffe. 565 men and 192 women. dense clouds threw a gloom ov er the sea. that he defined its extent as "greater than the whole civilised part of Asia. a seaman. favorable to European colonisation. they reached thei r destination within forty-eight hours of each other. and immortalised his name." The position of this region of fancy was traversed by Cook. that the Governor was inaugurated: an are a being cleared for the purpose. He fully believed that a vast southern continent must exist. were embarked under the charge of a military force composed of volunteers. from Turkey to the ext remity of China. The description of New South Wales by Cook and his companions. He offered hi s theory to the British government. It was on the 7th February. So firm was his conviction. the first . employing all its manufact ories and ships. The fleet consisted of H. 1788. they proceeded to examine the port called after Jac kson. who replied that "they could not judge of countries they had not seen. attracted the attention of the crown.S."[25] Thus the project slept. the trees. to be celebrated hereafter as the mistress of nations--was selected for a settlement. and the magnificent harbour. the commis sion of Phillip.The History of Tasmania. Volume I SECTION II. they were in raptures with the scene:--the tall mouldering cliffs. begirt with a luxuriant shore. the pioneers of a larger division. and afterwards to the French. besides the staff. he. were assembled. and believed that they had seen "the foundation. and not the fall of a n empire. and colors flying. a fertile region would be found. and cha ins. On the day of their junction. Its trade would be sufficient to maintain the power of Great Britain. Hyena." Having found the bay unsuitable for location. and sailed on the 13th May. until the great English navigator in 1770 gave certainty to what had been conjecture. six transports and three victuallers: they assembled at the Motherbank on the 16th March. Separated into two divisions. but with little enc ouragement. however. Sirius. which touched t he water's edge. The settlement of New Holland was proposed by Colonel Purry. alighted on a great reality. in 1723: he co ntended that in 33° south. who observed it from the mast. to balance the antipodes. and Botany Bay. The standard of England was unfurled. triangles. comprehending. 1787. which for m an entrance. the impulse of this enterprising era is lar gely due. then to the Dutch. the hydrographer. named on account of the variety and beauty of its vegetation--long known through Europe as a region of gibbets. His views were submitted to the Academy of Sciences at Paris. 212 marines and their officers. sixteen commissioned officers.M. four miles in length. As they passed the capes. and then at the Cape. 750 c onvicts. who found nothing but ocean. To Dalrymple. and Supply. which charme d the public. but they rejected the omen. The doctrine of terrestial counterpoise was disturbed.

governor. published." Captain Tench observes (writing in 1789). and declared his intentions. Those who first entered New Holland. Contemporary political writers looked coldly on the infant establish ment. The usual formalities being complete. described in terms of despondency its barren soil. barely compensa ted by its salubrious atmosphere. which could never recompense the outlay of the c rown. the parent state must long supply the necessaries of life. were the g rowth of flax and the supply of naval timber." Such desponding sentiments mostly attend the first stages of colonisation. but in a much later period. but to allow the law its course with the impenitent and unre formed." "Admitting the possibility. the enterprise was regarded with scarcely less suspicion: 18 . Phillip turned to the prisoners. From that moment he possessed authority to manumit not les s absolute than the sovereign. either by its vigour or its gratitude. in connection with commerce. as the diseased and hopeless progeny of crime: one. He had resolved to cherish and re nder happy such as might deserve his favour. In such language we discern the sentiments which prevailed: banishment. but immeasurably more power to avenge. The idea of br eeding cattle sufficient to meet the consumption. "that the country will her eafter yield a sufficiency of grain. and witnessed the elevation of the roy al standard on the shores of Port Jackson. not punishment for past crim es. "When viewed in a commercial light. and the courts of justice proclaimed. must be considered very chimerical. was implied in the cheering alternative. The projects entertained. both of which had been reported by Cook as indigenous to Norfol k Island." he continues. "the insignifican ce of the settlement is very striking.

however. an element of Anglican power. however. This country he considered preferable to New South Wales: with a g reater proportion of fertile soil. 1822. may be inferr ed from an opinion afterwards expressed by an authority of still greater pretension:--"The most san guine supporter of New South Wales system of colonisation. always represented this colony as a masterpiece of poli cy. modelled. and well adapted for colonisation.[32] FOOTNOTES: [Footnote 24: Introduction. from clay brought from the neighbourhood of Sydney. and declares that the whale fishery. The s pecial injunctions to survey the inlets of Van Diemen's Land. Many distinguished m en imagined an advancement. that the colony of Botany Bay u nites our moral and commercial interests. and it was expected that an Australian Pondichery would become a new focus of rivalry and intrigue. however. will hardly promise himself any advantage from the produce it may be able to supply. seemed to indicate the probable site of an esta blishment so obnoxious. universal. p. Dr.The History of Tasmania.] [Footnote 25: Literary Chronicle. These discouraging views were not. Peron. under the influence of Peace. Volume I "Why. He delineated not less favorably the valley of the Tamar. es pecially the margin of the rivers. around which he observed an expanding area of fertile land. which represented Hope encouraging Art and Labor. which our age has been sufficient to realise. Bass had. by discovering how many forebodings of anc ient seers have vanished before the light of the event. however. an ample equivalent in the bale s of goods. after repeated failures. "we are to erect penitentiaries and prisons. To him no spot on the eastern side of the Derwent appeared to equal the neighbourhood of Risdon Creek. had been relinquis hed! It is not less instructive than pleasing." said a celebrated critic. he excludes from the chance s of European commerce. declared that these but disguised the real objects of its founders.[30] The expedition of Baudin was connected by English politicians[31] with a pro ject of French colonisation. more amply supplied with water. could not escape the discernment of statesmen: they saw the formidable germ of great revolutions. to notice the past epochs of opini on: we find consolation against the dark clouds overshadowing the future. its timber and hemp.] . hereafter."[28] Its corn and wool. for all the vices we export. when dwelling on the moral prodigies of the settlement. and to incur the enormous expense of feeding and transporting its inhabitants. It is foolishly believed. it is extremely difficult to discover. and that we shall receive.[29] The French. an allegorical medallion. already examined this country with similar views. pregnant with events. Wedgewood. His instructions directed him to inspect narrowly the places eligible for occupa tion. at the distance of half the diameter of the globe."[27] With what obstinacy an idea once mooted is cherished. To commemorate the fo undation of the colony the celebrated artist. 120.] [Footnote 26: The incidents of the voyage are related by Captain Tench. which.

The circus widen. 1814. amid the troubled air. 1791. "ye rising realms record Time's opening scenes. and orchards blush between.] [Footnote 30: Vol. which has at least the merit of truthfulness:-VISIT OF HOPE TO SYDNEY COVE.] [Footnote 29: On this medal an author. and the crescent bend.] [Footnote 31: Quarterly Review." she cried. p. ray'd from cities o'er t he cultur'd land. i. and Art. 12. "Hea r me.] [Footnote 28: Quarterly Review. --Governor Phillip's Voyage to Botany Bay. Courts her young navies. and wav'd her golden hair. and Labor. And no rthern treasures dance on every tide!" Then ceas'd the nymph: tumultuous echoes roar. And Peace. quoted in Phillip's Voyages. 1803. Written by the author of the Botanic Garden. Where Sydney Cove her lucid bosom swells. and the storm repels. vol. While with each breeze approaching vessels glide. joined the train. Shall bright canals and solid roads expand. 180. and Truth's unerring word: There shall broa d streets their stately walls extend. HOPE stood sublime. i. And Joy's loud voice was heard from shore to shore.] [Footnote 32: Collins's New South Wales. p. ventured a poetical prophecy.] 19 . Far ms wave with gold.[Footnote 27: Edinburgh Review. Embellish'd villas crown the landscape scene. There. Her graceful stops descending press'd the plain. High on a rock.

20 . Volume I HISTORY OF TASMANIA.The History of Tasmania. FROM 1803 TO 1824.

The History of Tasmania. and was immediately taken to Major Foveaux. standing in this equivocal relation. The necessity for dispensing with the form s of law was not made out. but the alarm led to the formation of a volunteer company of a hundred persons. the plotters postponed their design. muttering words of compassion. a pr iest. who. The door was beset with soldiers: the leaders were arrested. an d it was said that the sentinels were implicated who that night kept watch. He endeavoured to mollify by his liberality. be inferred from the after attempts at Port Jackson. and discredited. some m onths after. who armed for the suppression of re bellion. and the growing malversati on of their taskmasters. the plot was discovered. after struggling to abate the abuses around him. The chief constable was himself a publican. and the indolence and intemperance of emancipist settlers. there. was also hung. when their own status was assailed. the blacksmith. On the night fixed for action. and seize the island. His testimony was insidious. The want of prisons. Volume I FROM 1803 TO 1824. and accused his fellow prisoners. drawn together by a love of adventure . SECTION I. or places of punishment. a conspiracy was detected to massacre the officers. The military force of New South Wales. endangered authority. The danger w as imminent: the warmth of the season (December) had tempted the soldiers to slumber with open doors. the transportation of the defenders from Ireland. To select mistresses from the female prisoners was one of their earliest and most valued prerogatives. An Irish servant. and ot her precautions adopted. Fifteen years had elapsed since its foundation. may. and next day were marched to church without sus picion. were often exacting and severe: but they slightly sustained the moral strength of the government. was arrested. and from six to seven thousand prisoners had been transported thither: dispersion be came necessary to security--to repress alike the vices of the convicts. however. and emancipists aspired to commercial rivalry with the suttlers in commission. was at first chiefly intended to relieve Port Jackson. and these summary punishments were censured. was overheard by his master: he was induced to explain. and the chief gaoler shared in the l . That the danger was not imaginary. the officer in command. The establishment of a settlement in Van Diemen's Land. These being changed. In 1800. appears to have created continual anxiety: a committee of officers was formed to examine persons suspected. The Governor. one executed--and on the following day . The more distrusted of the Irish prisoners were conveyed to Norfolk Island. those he could not go vern by restraint: he multiplied licenses for the sale of rum. became their agents and sold their rum. or the hope of gain. yielded to a pressure which seemed irresistible. when Harold. perhaps thus hastene d by the jealousy of a rival power. charged with fabricating arms.

Its ports closed against commerce. afforded few means of escape. belonging to the government. retreated to th e remote districts. and almost justified the prisoners in the hope. The offenders. which led to great crimes. inspired. The moral laxity which prevailed. a lower deep!" 21 . Van Diemen's Land was colonised. its comparatively small extent and insular form. as a place of exile for the more felonious of felons--the Botany Bay of Botany Bay-"And in the lowest deep. These prompted the rest to attempt to recover their liberty. first.[33] and the convicts at the disposal of government were a burden on its hands--almost in a condition to defy its authority. Its remote distance. Parramatta. labor and produce were redundant: overwhelming harvests reduced the price of grain so low. to escape immediate punishments. fitted it for the purposes of penal restraint--a place where the most turbulent and rapacious could find no scope fo r their passions. A large agricultural establishment. produced its natural consequences--violati ons of discipline. goods could not be obtained in exchange. Thus.ucrative calling. that the common bondage might be broken. at Castle-hill. and sold spirits opposite the prison. but they were subdued by the military under Major Johnstone: some were shot. employed many Irishmen implicated in the recent disorders of their country. when Van Di emen's Land was occupied. that it was rejected by the merchants. In New Holland. In this unsatisfactory condition was the colony of Port Jackson. occasionally sheltered by the emancipist cotters. The feeble resistance offered to their depredations. and several executed.

was surveyed by Flinders in 1802. in the Lady Nelson. but Li eutenant Tuckey remained in captivity until the allied armies entered France. fo ur hundred male prisoners. inferior to few in this hemisphere. The events of the voyage. that the morals of the officers. a transport of 500 tons. On her return to Gr eat Britain. the surgeon. he received charge of the expedition in 1816. and gentle slopes suitable to the plough. on the east coast of New Holland. six the wives of p risoners. These circumstances. but the Calcutta. in the une qual contest. worthy of remembrance. Helena. the surveyor-gene ral. Volume I Lieutenant Bowen. first discovered by Captain Murray in the Lady Nelson. became unmanageable. In the ye ar following (1805). Promoted to the rank of commander. represented by Collins to the Governo r-in-chief. six unmarried women. except as it enabled him to gratify the feelings of a benevolent heart.[34] The establishment of a settlement at Port Phillip being determined on by the ministry of Great Britain. in terms of great contempt.The History of Tasmania. the relinquishme nt of Port Phillip."[35] The spot selected at Port Phillip. and in August. It is scarcely necessary to remark. Port Phillip. 1799. but she pronounced Van Diemen's Land a dreary and desert region. "He knew nothing of the value of money . Lieutenant Tuckey published an account of the voyage to Port Phillip. were not superior either to the service or to the times. The Calcutta did not convey the settlers to the Derwent. it was disturbed by rumours of plots and conspiracies. to abound in herbage. 50 guns. A far more important immigration soon followed. which consisted of the Calcutta. a nd Dr. Mountgarrat. landed at Risdon. and struck her colors. and in 1803 by Grimes. sent to explore the Zaire. 1803. A lady . but with most of his people fell a martyr to the spirit of African discov ery. which he surveyed. The port offered an asylum against both war and tempests. Capta in Woodriff determined to engage the whole division: the merchantmen escaped. and long postponed the occ upation of a country. and the Ocean. censured. destined never to prosp . Captain Wood riff. was ill-chosen as the site of a town. Captain Woodriff was soon exchanged. which she described in glowing language: she seemed alone capable of estimating its future importance. and six children. the Calcutta was convoy to St. They reported the country to be lightly timbered. there were forty marines. on the east bank of the Derwent: his party included a few soldiers and prisoners. or of the women. and encountered the Rochefort squadron. sufficient for the fleets of all nation s. punishments were not infrequent. He is said to have been handsome in person. and one woman was flogged for stealing the cap of a companion. were thought sufficient to justify a removal to Van Diemen's Land. twelve free settlers and their families. an d they found great difficulty in obtaining pure water. writing to her friends from the banks of the Derwent. an expedition was forwarded. and generous in hand. a measure lamented by several of the settlers. In addition to the convicts. set sail from Sydney. were n ot numerous.

deputy-surveyor. 1804. Johnson. and forgetting his own language. Rev. 1 drummer. This man still sur vives: he contributed to the friendly reception of his countrymen. and was armed with spears. M. P. 1 fifer. G. and when he returned to the settlement all was deserted. they parted. conforming to their barbarous customs. J ohn Clarke and William Patterson. the Lady Nelson was dispatched to Port Dalrymple. and suffered great misery: at last. Hopley. Boden. 3 sergeants. in one instance. assistant surgeons. W. 39 marines. a boat's c rew landed to bury a seaman: he endeavoured to arrest their attention. by whom he was adopted: he remained among them for three-and-thirty years. M. superintendents of convicts. Meantime. They arrived in two divisions. W. Harris. but during his long sojourn. mineralogist. and surveyed th e entrance of the Tamar: 22 . Lieutenant Fosbrook. Of his companions. set off. they looked at him earnestly. Humph rey. Sladen. The situation of the camp at Risdon had been found undesirable. an d Edward Lord. The names of the princip al persons are as follows:--Lieutenant-Governor Collins. a man of gigantic she forfeited the credit of prophecy. E. and two others. Once only he saw the faces of white men. for China! They rambled for some distance together. R. on the 30th January and 16th February. it was said. with a singular resu lt. colonial surgeon. deputy-commissary-general. but took him for a savage--he was dressed in a rug of kangaroo skin. Lieutenants W. he had impart ed no ideas of civilisation. Anson. Knopwood. Bromley. The Lady Nelson and the Ocean conveyed the party from Port Phillip to the De rwent. he found a trib e of natives. s urgeon superintendent. P. they therefore landed at Sullivan's C ove. and 367 male prisoners.[36] Several prisoners attempted to escape. J. H. After months of solitary wandering. chaplain. Buckley. Buckley saw no more.

The discipline which prevailed in Van Diemen's Land. we owe its existence. He had the frankness of the sailor. the pr iest and the ruler: he experienced during his residence. son of Philip King. to form a settlement. and to so many casual but concurring incidents. and forgave them: yet he was not scrupulous in his methods of punishment. and. overthrew the frail buildings he reared. and neither aspired to state nor exacted homage. Again. but the rats devoured his seed. or blend them with the fabric of Tasmanian hi story? The first Governor-in-chief of Van Diemen's Land. and for some time held little in tercourse with the settlement on the Derwent. and holding that rank in th e Sirius. a small party of prisoners were sent from Port Jacks on. for who would load the colonial fame with details. which ended in quick march. the third of New South Wa les. and thus witnessed an event accepted by exulting Europe as a signal that British sway ove . and the results which it produc ed. when a marine was the suitor for some favour. saw the little settlement gradually improve: it bec ame the favorite residence of the officers. long judge advocate of New South Wales. There he united in his person. which tore up huge tr ees. The t ransactions of a community. Esq. for stealing the provisions of her neighbours. A woman he repeatedly flogged. Such were the pioneers of this important colony. recorded in his official journal. under Colonel Paterson. 1804. England. was Philip Gidley King. At twelve years of age he entered the royal navy: by Admiral Byron he was made lieutenant. of Launceston. and became the owner of consi derable stock. a draper. as the climate was better understood. was the first Lieutenant-Governor of Van Diemen's Land. the fertility of the so il yielded a surpassing abundance. He. King was not inattentive to his own interest. which in 1810 did not comprehend more than thirteen hundred and twenty-one perso ns. unassociated with the present. where his proceedings. The first annals of the settlement offer few events worthy of record. from which the eyes of mankind turn with natural disgust. who landed in October. afforded great amusement and satisfaction. and afterwards published in vario us forms. most of the anxieties and difficulties inciden t to such stations. detain atten tion for a moment.[37]--the greater part subject to penal control--could not. he took him into his room and pointed him to a mirror. in rejecting his petition he put him through his exercises. he detected.The History of Tasmania.[38] He was employed to establish the settlement o f Norfolk Island. David Collins. As a cultivator he was energetic and persevering. at the battle at Bunker's Hill. His people conspired to seize his government. he attended the expedition of Phillip in 1788. Cornwall. Anecdotes of his humour circulate through the colonies: being asked by a settler to find him a man to perform certain work. however. Volume I the report being favorable. for some time. will be hereafter related to illustrate transportation. General Collins. He was present with his father. or torrents washed it away: or a tropical hurricane. and detailed them with curious minuteness..

"[39] Collins was favorably known to the public by his Account of the English Col ony in New South Wales: his work was distinguished by the reviewers.[40] The stateliness of his style. and those who could only condole. everyw here admitted. and the pomp with which he ushers trivial events. but which during his life had grown to greater co nsequence than all the commercial achievements of Great Britain in seventeen hundred years. could remember when American interests were a little speck. amidst a crowd of publications. It was the lot of Collins to proclaim the dominion of Great Britain at the inauguration of Phillip. if he lives to see nothing which will va ry the prospect. In his dedication to Lord Hobart. and that praise could not be interprete d as flattery. as supe rior to them all. which intercepted the honors of his profession. "he has lived to see it: fortunate. We are reminded of the most brilliant passage in the oratory of Burke. Lord Bathurst. and cloud the setting of his day. indeed. however. he remarks.r that region was lost. when devoted to a name which commanded the veneration of the world. Such incidents teach us that a single life may embrace events beyond the sc ope of imagination. the principal secretary of state. he stated that a venerable nobleman. When illustrating how far the realities of the future might exceed the visions of the present moment. both by those who could compensate. and thus announced the first day of a second and not less valuable empire. In the last page he. "Fortunate man." he exclaimed. Remonstrances so skilfully adv anced could not be 23 . were less apparent when the topics were new. a case of hardship. complains that he had spent nine years i n the colonial service. delivered while the authority of the crown was trembling in the balance of fate. he drop s the tone of complaint and disappointment: he tells that nobleman that his private virtues were rendered mo re conspicuous by the splendour of his talents as a statesman.

The History of Tasmania. 210. before we descend from the noble eminence. as he is one of the most fortunate men of his age. to her sister. Cloud s indeed. London: Valpy. were incurred by removing to Van Diemen's Land.] [Footnote 37: Report of Commons on Transportation. Speaker. p. We stand where we have an immense view of what is. FOOTNOTES: [Footnote 33: Wentworth's New South Wales. Lord Chancellor of England. however.] [Footnote 34: Flinders. and darkness rest upon the future. 1818. ref lect that this growth of our national prosperity has happened within the short period of the life of man: it has happened within sixty-eight years. he should see his son. 1805. i. turn back the current of hereditary dignity to its fountain. which can never be made to answer. Volume I unnoticed: Collins was at once raised to the rank of colonel. amidst these bright and happy scenes . On the 22nd of March. 1812. 1812."--Col lection of Letters." The following is the endorsement of this letter:--"Dated May 23rd. my Lord Bathurst might remember all the stages of the progress. It is good for us to be here. we were obliged to abandon the settlement. Suppose. and I parted from it with more regret than I did from my native land. at lea st.--I cannot prevail on myself to hurry over this great considera tion. Much to my mortification. which (by the happy issue of moderate and healing councils) was to be made Great Britain. I never felt one ache or pain. and what is past. Sir. and raise him to higher rank of peerage whilst he enriched the family with a new one. Hartley (quere Hopley?). and has my warmest wishes. vol. Let us. to be made to comprehend such things. Edmund Burke thus add ressed the house:-"Mr. For i nstance. By a Merchant. and additional loss to individuals. 1805--half a year! From an officer's wife. upon moving his resolutions for conciliation with America. of an age. If. through the whim and caprice of the Lieutenant-Governor: additional expense to government.acta parentum jam legere et quæ sit poterit cognoscere virtus.] [Footnote 36: "We arrived in October. He date d his dedication in 1802. foreseeing the many virtu es which made him one of the most amiable. 1803: my pen is not able to describe half the beauties of that delightful spot: we were four months there. 1775. During the time we were there. as well as loss. Mrs. 95.] [Footnote 38: Phillip's Voyage. had opened to h im in vision.] [Footnote 35: Narrative: published by authority of the Admiralty. He was in 1704. that the angel of this auspicious youth. for a History of New South Wales. p. received Oc tober 10th. exalted him still higher. that when in the fourth generation the third prince of the house of Brunswick had sat twelve year s on the throne of that nation. He was then old enough-. Port Phillip is my favorite. There are those alive whose memory might touch the two extremities. and embarked the following year as governor of the settlement it had been resolved t o form.] [Footnote 39: The reader will not be displeased to see the whole passage. and the intelligen ce with which he delineated the proper objects and agents of penal government.

show itself equal to the whole of that commerce which now attracts the envy of the world. 487. and whilst he was gazing with admiration on the then commercial grandeur of England. scarce visible in the mass of nat ional interest--a small seminal principle rather than a formed body--and should tell him: Young man. xviii. he has lived to see it: fortunate indeed.] 24 . Whatever England has been growing to by a progressive increase of improvement. would it not require all the fervid glow of enthusiasm to make him believe it? Fortunate man. by succession of civilising conquests. yet shall.] [Footnote 40: Edinburgh Review. the genius should point out to him a little speck. before you taste death. and cloud the setting of his day. there is Am erica. that angel should have drawn up the curtain an d unfolded the rising glories of his country. you shall see as much added to her by America in the course of a single life! If this state of his country had been foretold to him. which at this day serves for little more than to amuse you with stories of savage men and uncouth manners. p. civilising settlements in a serie s of seventeen hundred years. b rought in by varieties of people.."--Parl. Hist. 1803. vol. if he lives to see nothing that s hall vary the prospect.of domestic honor and prosperity.

The History of Tasmania.[44] was seated on the W estern Arm of the Tamar. celebrated by Wordsworth. and thus formed marshes and pools. That it w as the first. and the valley of Launceston. "If it should be ever proposed to make a settlement. like the port-holes of a vessel. the difficulty of obtaining water is noticed by Flinders. including at first half the island. for the northern section of the island. where not a tree obstructed the prospect. he preferred the spot on which stands Hobart Town. was not under the government of Hobart Town until 1812. whose margin was then beset with brushwood. constituted its chief claim to distinction: it was considered as an achievement of civilisation--a tro phy gained upon the . The northern settlement.[46] The first communication between Hobart and Launceston was opened by Lieuten ant Laycock and his party. the adjacent land was represented as adapted for both agriculture and pasture: he added. called after the name of his patron. the laureate of England. and threw over the adjacent banks a flow of water. after survey and comparison of the places offered to his choice. and called York Town. once the mistress of the world." "--------Glory of the vale! Kept in perpetual verdure by the ste am Of thy soft breath. as this settlement was then called. At Launceston he propose d to establish a sea port town. wh o thus associates with its beauties the recollections of his childhood:-"Among the mountains were we nursed.[45] The Tamar was traced. and their unexpected appearance excit ed great astonishment at Hobart. but by Dr.[48] The first Tasmanian house stood on land adjoining the Macquarie Hotel: it w as built by Lieutenant E.[42] Hobart Town is built on the west side of the Derwent. was called after the same n obleman. of wattle and dab--its windows. and passed over t he country without falling a single tree. When Collins determined to relinquish Risdon. a river named after t he Derwent in Cumberland. after a town in Cornwall." From this spot the greater part of the new establishment was removed (1806) to the country above the North and South Esk. this part seems to merit particular atten tion. they were nine days in the journey. loved stream! Thou near the eagle's nes t. who was then Lord Buckinghamshire. Imagination has traced in its natural outlines a resemblance to the seven-hilled Roman capit al.[41] Its chief recommendation was the stream which runs through the centre of the city. and the poet of the lakes. In describing the site. and named by Paterson after a Cornish stream.[47] A loaded cart was subsequently sent to Launceston. Bass. and choked with prostrate trees: these often obst ructed its course. Port Dalrymple. and both in honor of Governor King."[43] The county. where the colonists were delighted to discover extensive plains equally suitable for tilla ge and pasture. Volume I SECTION II. Where thy deep voice could lull me. formed by Colonel Paterson. Lord.

Posts. only four free settlers had removed. the late governor-in-chief. a chimney of turf piled on stone. and the fear of famine. and it was resolved to abandon it. The order was renewed in 1808 by Mr. 1808. 25 . colonised in 1788.[49] They were conveyed to this island chiefly in the Estramin a. a door and a window: the cottage is finished. The removal of the settlers from Norfolk Island. woven with wattle rods.[50] Norfolk Island. plastered with mingled clay.[51] north of New Zeal and: it is nine hundred and ninety miles from Port Jackson. then secretary of state. On his return to Great Britain.wilderness. fixed in the ground. In 1803. for some time occasioned delay.000 acres. In 1805. so celebrated for its genial climate and unusual fruitfulne ss. and Sydney: 254 arrived on 15th October. It lies on the 29th parallel. and contains about 14. he represented Norfolk Island as by no means promising to repay the a nnual cost. directions were issued by Lord Buckinghamshire (Lord Hobart). City of Edinburgh. and whitened--a grass thatched roof. and Captain B ligh directed Captain Piper to compel the colonists to evacuate the island. was the next most important event. and wiry short grass. is of volcanic origin. yet such houses are soon reared. Collins visited that place. and even to shoot any one who mi ght retreat to the woods to avoid embarkation. Windham. On the whole. joined by wall plates. The o pposition of the settlers. All were not so well lodged. thirteen hundred miles from the Derwent. and unt il seen by Captain Cook. in company with Hunter. sand.

They found the raw rum destructive. the husbandman could scarcely be said to toil. the population of Norfolk Island comprehended 960 souls:[53] 3. Twice in the year the settler gathere d his harvest: the lemon. not wholly unfounded--"That barbarous island. its government varied with the character of each officer. the orange. The language of Holt.521 acres of land were granted. . might be better suited to a latter period. are crowned by the elegant white wood and the gigantic pine. but no ships can anchor: it is a land unsuited to commerce. A station. which reach from tree to tree. Vessels were provided for their removal. which breast the ocean. compared with which even Van Diemen's Land seemed blank and barren. but expressed the inten sity of his abhorrence. and they were rat ioned as new settlers from the public stores. and little favorable is remembered. m ostly. The wild jasmine and convolvuli. it afforded a leisure. Norfolk Island has twenty-eight miles of sea shore: its greatest elevation is Mount Pitt: it is a succession of hills and valleys. Its lofty cliffs. the dwelling place of devils in human shape. Thus it presented no incitement to exertion: it gave the indolent abundance without labor. where rather mor e refractory offenders were sent. and the pine. divided into farms of from ten to thirty acres each. it was. Always a place of banishment. The inhabitants were offered a settlement in Van Diemen's Land or New South Wales. but the effect on the parents was generally painful. That the change was beneficial to the rising generation can hardl y be doubted. their possession in land was do ubled. who spent several months there. Sea breezes cool the atmosphere. in which man is prone to degenerate and sink into the savage. Time was required to equal the cultivation of the spot they had left. even when a colony. and it was freed from all conditions and reservations. They received from the government whatever would contribute towards rec onciling them to the change. they chose this country. Distillat ion from the cane produced spirits. the Irish rebel. Of the moral con dition of the island nothing good could be expected. Though liable to occasional storms and destructive insects. They received cattle on loan. and a ttributed its fatal effects solely to the leaden worms![52] In 1800. Gentle showers frequently refresh the undulating soil. and yielded the richest fruit. Years after. Volume I was probably never visited by man. however. the decr ee of an irresistible will. are unknown. Norfolk Island seemed de stined to exhibit the extremes of natural beauty and moral deformity. the settlers were unable to prepare sugar. and the diseases often incident to such latitudes. more than usually deleterious: unacquainted with the process by which s accharine is crystalised. the settlers manife sted great repugnance: the elder people declared they would not quit the country. and pour down rivulets to the ocean. shed their fragrance in profusion.The History of Tasmania. form bowers and walks of exquisite beauty. the refuse of Botany Bay--the doubly damned!"[54] On the determination of the government being announced.

They drew their rations from the royal stores. There were. where men have been their own masters. and New Norfolk. a few settlers from Norfolk Island. according to their origin or weal th. The settlers. and remote from a public opinion . and bartered away their homestead s for a few bottles of spirit. During the administration of Colonel Collins. until a later period: a large extent was nei ther possessed nor desired. or fifty acres was the ordinary grant. Thus the exhilar ating influences of youth and vigour. were here unknown. divided into three classes.they spoke of the change with regret and sadness. and part at Norfolk Plains. and who rose to wealth. no public buildings: the house of the governor wa s a mere cottage. usual in the first steps of colonisation. they denote a time of social disorganisation--the dark ages found in the history of every country. the progress of the colony wa s barely perceptible. The transactions of those early days are scarc ely colonial: charged with debauch and outrage. distinguished from the rest by their enterprise and diligence. Thirty. Many valued nothing but the immediate benefits to which their character as immigrant farmers then entitled them. forty. a colonist observes how few have retained their heritage. which cannot be corrupted or controlled. and their ground was exhausted by continual cropping. were located part in the neighbourhood of Hobart Town. however. that a keg of rum was then worth more than a common fa rm. and a civil ising agency rarely counteracted the social evils which prevailed. too mean for 26 . but in glancing down the list. and it was no idle boast. at Pittwater. There were no roads in the interior. Their hopeless and dissipated state is remarked in every document of the times: their frail dwellin gs soon exhibited all the signs of decay.

written by himself. now discharged from restraint. absconders would fall down on their knees before him. "on its to p. with a view to future location. he visited the Derwent. and was forwarde d to Norfolk Island without trial. Collins looked narrowly into the probable res ources at his disposal. Memoirs. Holt was an exile. Holt was often suspected of sedition: he was imprisoned. as the most lenient of the governors. but the progress of the settlement had hitherto been slow. the o ther a tailor. w as employed to convey to the Derwent a party of the settlers. they were ignorant that the full ears which promis ed an abundant yield. not less in apparent height than the Dromedary Mountain. "I sat down. The result of that sanguinary struggle added considerable numbers to the population of these colonies. courage. though often treated as a convict." This was that extensive district which. Captain Forrest. In New South Wales. but on various terms. until a ledge of rocks obstructed the passage of his boat: then ascendin g an eminence. and the finest of gentlemen: when he entered the forests. and saw the finest country eyes ever beheld. on returning to Port Jackson. As a commander he displayed great natural talents. and the stock belonging to the governor-in-chie f: this was purchased by Mr. and while they were expecting large returns. were smut. and d enounced him a traitor in revenge: then loyal men were privileged to condemn without trial. Joseph Holt. at one time comm anded 1. labored togeth er. He ascribed his position as a rebel. and were edited by Thomas Crofton Croker. and was repaid in cattle. and were exposed to rigorous discipline. and slaughter on the spot. visited Van Diemen's Land.The History of Tasmania. and obtain his forgiveness. not grain. and contributed to its wel fare by his agricultural and pastoral experience. were purchased by the keeper of the Irish records. Volume I the accommodation of a modern mechanic. On the arrival of the Sydney. These methods of tillage were introduced into Van Diemen's Land. In New South Wales. and sheep from Port Jackson. was named New Norfolk. A few acres of lan d had been cultivated at New Town by convicts. The Sydney. The transfer commenced at the close of 1805. In the Sydney. where as yet there were no fields prepared for the plough. who sold the sheep at £5 per head. from the previous res idence of its occupiers. the superintendent: cattle had arrived fr om Bengal. Of Collins. Joseph Holt. in charge of Clarke. Holt sp eaks with great enthusiasm. A neighbour wrecked his property. but he . The chief overseers were not skilled in cultivation: one had been a shoemaker.[55] gangs of men. stripped to the waist. and of the people more so. George Guest. general of the rebel army of Wexford in 1798. This early failure was attended with disastrous results. He found Collins still living in a tent. and fidelity. nor beast of draught to facilitate human toil. The spot whence he surveyed the subjacent land he called Moun t Casha. He proceeded along its shores. sol ely to necessity of choosing between immediate death or insurrection. common to slaves.[56] Holt's notices of this place are scanty. and sent Joseph Holt to examine the land on the Derwent." he writes.300 men.

whose homesteads dotted its margin. to overlook its d angers. of which the origin was unknown. In 1806 a disaster occurred. Hayes was a "beautiful girl: the prettiest violet I saw growing on the Derwent. An inundation. induced the petty farmers. it was though t. and even the dwellings.[57] Collins was desirous that Holt should settle on the Derwent. The hoe.[58] Unable to succour this colony.000--a step he lived to deplore. Thus. descended from the mountains. Co nsiderable profits were made 27 . lately possessing a superabundant store. would have been useful. and were soon altogether interrupted.observes that the daughter of Mrs. with £2. the usual implement of husbandry. A vessel approa ching the coast. swept away the stacks of corn. The officers allowed servants. and for several years the scarcity continued with various intensity. remembered as the great flood. saw fragments of the floating ruins many miles distant from the shore. but he resolved not to move farther from the port of embarkation. th e Nile of this hemisphere. The kangaroo hunters were the chief p urveyors of food. which reduced the elder colony to severe privation. suddenly filled and overflowed the channels of the river. and the price of maize and wheat rose to £5 and £6 per bushel. The settlement was early involved in great difficulties. sent them to the woods. effected but a slow and discouraging progress: supplies from Port Jackson were f orwarded in small quantities. the poor suffered extreme destitution. and rising to the height of sixty and eigh ty feet in a few hours. the government left it to its own resources. The tempting fertility of of the land bordering on the Hawkesbury. exceeded all former devastations: vast torrents. and pouring down with prodigious violence ." Of such charms he was no mean judge. the live stock. He at length retur ned to Ireland. and sold their spoil to government. and wrote to Governor King for his consent: the knowledge he possessed of the treatment of stock.

[60] These pirates were permitted to land at the Derwent. the captain of the Venus received from the governor two pri soners. a settler. 6_d. formerly a lieutenant in the navy. This remarkable deviation from the ordinary conduct of British soldiers. could no longer task the prisoners: to lessen the pressure. and the col ony disappointed of the expected relief. 1000 lbs. and submitted his project. per lb. mastered the crew.. they were sometimes permitted to disperse in search of subsistence. When this calamity became known.[59] When at Bengal. It was the misfortune of Collins to be involved with the parties responsibl e in the deposition of Governor Bligh. one of these men called on his comrade to resist them. a vessel richly laden. before suspicion was awakened. Ste wart called together several companions whom he could trust. a nd being enraged by a refusal. he had seized a boat. but the kind of force necessary in the civil government. to br ing a cargo of wheat from Bengal. and continued in this occupation for several years. The wind blew fair as she lay in Sydney harbour. at the instant proper for its execution--the first successfully attempted by prisoners. and were accustomed to e . hurried on board. but the substitute for bread was the dried and pounded flesh of kangaroo! The government. unable to feed. and wheat was now valued at 12s. It was not until 1810. They were found at the house of Garth. assisted by t wo convicts. and were left behind by the Venus. A few coarse biscuits were distributed while they lasted. Thus. a bushel. and both vessels were lost on the co ast of Luconia. Stewart. and the foun dation of some fortunes were laid by persons whose servants were faithful and expert. and the shelter afforded to outlaws. The change of seed enabled the farmers to clear their ground of that mixed and inferior grain which had disappointed all attempts at agricultural independe nce. and thus laid the foundation of those lawless habits which afterwards brought the colony to the verge of ruin. and inflicted a mortal wound. but was lost. a tempting prize: embracing the favorable moment. Mistaking the errand of the soldiers. supposed to be cast-aways from a vessel seized at Port Jackson. that she anchored in the Derwent: the dread of fa mine was removed. Volume I by the more successful: the commissariat allowed 1_s.The History of Tasmania.[61] Such complicated crime was not extra ordinary. delivered to the king's stores. a second effort was made: Colo nel Paterson. and partly to the temper of Bligh. of the Venus. has been attributed partly to the composition of the military force raised for that colony. A marine. while acting Governor of New South Wales. we re symptoms of social disorder. contracted with Captain Bunker. which soon after assumed an alarming character. he fired. But at sea his goo d fortune forsook him: the Harrington was recaptured by the Greyhound. The officers merged the military character in the mercantile spirit. and provisioned for a long voyage. and was scudding before the breeze. of kangaroo per month. secretly contrived a plan to take the Harrington. The Sydney had been chartered to India for wheat. by soldiers sent to seize spirits secretly lan ded from the vessel.

notwithstanding. arising out of mercantile transactions. Such methods of distribution gave. an official order for every issue. The distance o f New South Wales from the centre of commerce. This interruption to the customary dealings of the officers. tha t this unfortunate officer renewed in New South Wales. and that he refined on the modes of inf licting torture. which they converted into a monopoly of trade. and gave them in exchange go ods bearing an enormous per centage. and resented their disrespect. but to prevent them becoming the objects of speculation. Perhaps. 1808. discontented and poor. from a love of justice. naturally provoked them: Bligh reciprocated their aversion. rather less than such commodities cost in Eu rope.[64] Bligh was arrested on the 26th January. indeed. completely i n the hands of the martial dealers. and committed for trial: he was charged with an intention to stir up the people of t he colony to hatred of the 28 . On the arrival of Bligh. formerly paymaster of the New South Wales corps. he attempted to rescue them from the g rasp of these intermediate agents. there were public magazin es stored with every requisite for domestic use. was the occasion of the military insurrection. It is. stated by Wentworth. Macarthur. and took their engagement to deliver their grain to the stores at t he close of the harvest. and the implements of farming.[63] Bligh permitted the farmers to draw from the public magazine wh atever was necessary for private use.[62] These were issued at stated prices. induced the crown to provide for the settlers the miscel laneous articles which are usually kept only by the shopkeepers. such as potters' ware. Having refused to attend a summons. the same tyranny which it is alleged had driven seam en of the Bounty to mutiny: that his disposition was brutal. At Port Jackson. specifyi ng the article.njoy privileges in virtue of their commissions. he found the improvident settlers. who bought their produce at a narrow price. utensils for the kitchen. Macarthur was apprehe nded on a warrant. ample room for partiality an d corruption. was necessary. A complicated quarrel with Mr .

might have been expected to shew no mercy. In his address to the court. left the bench. Opinions widely differ respecting its origin and its necessity. and who. He bound himself upon h is honor as an officer and a gentlemen to attempt nothing to the disturbance of the existing government. surrendered to the provost marshal. that Bligh intended to constitute a novel court of criminal jurisdiction. seeing among the spec tators many soldiers wearing side-arms. and regarded him as the victim of a common cause. if not insecure. led on by the undoubted representative of the crown . both in the co lony and at home. made the position of the officers extremely anxious. The governor resolved to bring to trial the six officers who had repelled t he judge advocate. when read in the light of c olonial history. and was lodged in gaol. was one. who reckoned a long arrear of vengeanc e to their military taskmasters. and his commission as governor. as a measure of self defence. engaging not to communicate with any intermediate British colony. and at whatever sa crifice of life. Mr. Colonel Johnston. it m ay be presumed. This agreement he made with Colonel Paterson. with a threat "to commit the judge advocate himself. the officers were more favorable to the accus ed than to the governor. the personal safet y of the officers might have been perilled. The settlers. Volume I governor and of government--words of ominous import. would have been able to justify any step necessary for the recovery of his authority. as a person disreputable in character. the imputations of harshness and cruelty for ever fastened to his name. to proceed forthwit h to Great Britain. with the law on their side.[66] This transaction throughout. their commander.[65] Except the president of the court. ordered that they should appe ar before the bench of magistrates. Bligh had become popular with the expiree settlers. pe nding the reference to Downing-street. who had no part in . and the disr eputable agents he sometimes employed in his service. is not so indisputable. or encouragement from the gove rnor. It was now supp osed. for treasonable practices. was i nduced to march his regiment to government house. The unfortunate termination of Bligh 's first expedition to Tahiti. This interference was represented as an illegal rescue. and. M acarthur objected to the judge advocate. That it was illegal. Had Bligh escaped to the interior. Macarthu r again appealled to his military brethren to preserve him from the ruffian constabulary: they immediatel y ordered the soldiers present to protect him against the peace officers. and place his Excellency under arrest--demanding his sword.The History of Tasmania." who. and actuated by feelings of hostility against himself. That functionary then threatened to commit Macarthur for contempt: Captain Antho ny Fenn Kemp interposed. and fearing for his personal safety. of whom Colonel Johnston. caused a very strong sensation. Macarthur. Bligh was permitted to embark on board the Porpoise[67]. as a preliminary step. however. no one will deny: that it was wanton. and that he had resolved t o carry to the last extremes the hostility he had declared.

Bligh stated. The greater part of his official acts were prudently con firmed by Governor Macquarie. The impression prevailed that Bligh.the revolt. and the ministers lost no time in forwarding new troops. The ships approached the harbou r. but afterwards received a grant from the crown in reward for his loyalty. was flogged for the infraction of this order. Mr. When upon the quarter-deck of the Porpoise. and not needl essly expose those whom he 29 . by Colonel Paterson. however. although the gifts and appointments of the interim government were de clared null and void. to batter down Sydney. he was received by Collins with the resp ect due to his station. he was. and to restore his authority by force. A free man. where his vessel was still lying. soon followed by despatches. where some were slaughtered for the use of the Porpoise.--a task h e declined. it will be remembered that Bligh w as already deposed. In extenuation of the conduct of Collins. When Bligh arrived at Hobart Town. Ge orge Guest espoused the same side: the vessel was ill-provisioned. Bligh had dispatched information of the insurrection at the earlies t opportunity. however. Mr. intended to arrest him. even in the most quiet times: when deprived of mili tary authority. and ordered L ieutenant Kent. if restored. it was the moral duty of Bligh to await the interference of the supreme government. The union of the officers was requisite to preserve order. and that his attempted resumption of office was a breac h of his parole. when he appeared in the Derwent. Belbin. sailed for the Derwent. when unknown to him Ma cquarie arrived in New South Wales. He. at all events he re-embar ked. which informed the lieutenant-governo r of the movements at Sydney. and he secretly drove down his cattle to t he beach. then in command. would exact sanguinary vengeance. Collins. he repudiated these engagements. prepared to pour in a broadside. but the government was instantly delivered up to the newly appointed head. the officer in command. and the settlers were interdicted from holding communication.

and 600 persons were present. Bligh returned to Port Jackson: though the time for his honorary restitutio n was passed. fourteen times told. This order must have terminated the government of Collins. two births. His funeral was celebrated with all the pomp the colony could command.[68] This was the last important occurrence in the eventful life of Collins: he d ied on the 24th March. verifying at last the old adage--better late than never. A proclamation had already been issued. heaven!' shall be thy last. a black of Jamaica. survived the governor himself. In the number published a few days before his decease. C. there was little warning of its approach. Burrows to Elizabeth Tucker. one ship. Then follow an eulogy on the governor's profession. His death was sudden: except a slight cold. The chief contents were droll anec dotes and odd exploits. and politics were excluded. and all the cont rivances which dilate the substance of a journal. The next issue.[69] The share he accepted in the responsibility of the deposition of Bligh.. save my country. 1810. where a birth or marriage was published sooner than a paragraph could be printed. and wh o was sent by an inclined plane into his grave. which. one tr ial. Collins attempted to establish a newspaper--The Derwent Star. The notice of a wedding is characteristic and unique--the first pu blished by the Tasmanian press:--"On Monday. with broad margin. prohibiting s uits of law for injuries suffered from the usurping government. dear Cobham. describes the feat of Barclay. in King's County. with thy latest breath Shall feel thy ruling passion strong in death: Such in that moment. both late of N orfolk Island. beside a government order or two. it was much too large for the settlement--where often th ere was nothing to sell. as in all the past: 'O. 26th ult. whose body weighed 52 lbs. . Colo nel Johnstone was tried and cashiered (but permitted to sell his commission). He died whilst sitting in his chair. then the greatness of Lambert. he was received with respectful formality. the pede strian--a thousand miles in a thousand hours. and the mildness of his senten ce was attributed by the crown to the extraordinary circumstance of the case. and one marriage. and it was thought hastened his end. having held the administration six years and th irty-six days. who d ied in his 140th year.[70] Though but a quarto leaf. in the fifty-sixth year of his age. to the double danger of disloyalty and faction. had he survived. wher e a taste for general literature had no existence. R. are the following lines:-"And thou. and conversing with his attendant. and giving indemnity and protection to al l who had acted under its authority. Volume I was unable to protect. the wonderful longevity of Joseph Ram. The second number contains a rather pompous account of Governor Macquarie's inaugura tion at Sydney. In 1810." Collins was the son of General Arthur Tooker Collins and Harriet Fraser. disturbed his tranquillity. but Bligh was empowered to carry home all who might be able to throw light on his deposition. and Van Diemen's Land Intelligencer."[71] Such were the topics of this ephemeral journal. however. They had cohabited together fourteen years.The History of Tasmania. of Pack.

that it is not my single voice. and an early fondness for literature.Ireland: he was the grandson of Arthur Collins. he commanded the military gua rd which attended Matilda. an American. and had the honor of ki ssing her hand. Hobart Town. and its altar was reared over his grave. left the resting place of Collins long exposed to the careless tread of the stranger. he distinguished himself in that fatal conflict al ready noticed--the battle of Bunker's Hill. of 74 guns. to her brother's Hanoverian dominions. commanded by Lord Mulgrave. at the relief of Gibraltar. and was present with Lord Howe. but that of every departmen t whatsoever in the settlement. and his manners prepossessing: to a cultivated understa nding. two years after. It is said that. he was captain of marines in the Courageux. Queen of Denmark. Colonel Collins was buried in the church-yard of St. announcing his decease.[72] At fourteen years of age he was lieutenant of marines. who survived him. and its materials being carried off. David's. a lways generous to the memory of official worth. Sir John Franklin. in Kent. bearing this inscription:-Sacred to the Memory of 30 . author of the Peerage of England . The despatch. a small wooden church was erected on the spot. In 1774." said the writer. was filled with lamentations: "I am sure. who with the most heartfelt regret acknowledge him to have been the father and t he friend of all. reared a monument. At the pea ce of 1782. with his lady. T o provide a temporary place for public worship. "when I speak the fe elings of my heart on this melancholy occasion. This building was blown down in a tempest." His person was remarkably handsome. he joined a most cheerful and social disposition. he retired to Rochester. three years subsequent.

and the French de lineated his attainments with more than their usual enthusiasm. And this monument long projected was erected to his memory in 1838. and the repository of native shrubs intended for the gardens at Kew. It is. He died here on the 28th of March. ] [Footnote 52: Backhouse's Journal.] [Footnote 51: "After numerous observations. K. Lieutenant Governor of this Colony.] [Footnote 50: Sydney Gazette. 1829. He superintended the exotic plantation provide d for the colonies. K. On the first establishment of the colony of New South Wales he was employed a s Judge Advocate.] [Footnote 45: Sydney Gazette.] [Footnote 42: Ibid. 161° 12' East Greenwich.. in the years 1777-8. Formerly acting governor and com mander of the military corps of New South Wales. and Lieutenant Colonel of the Royal M arine Forces.[73] aged 56 years..] [Footnote 46: Ibid. 1835. He was the author o f a volume of travels.] [Footnote 43: Wordsworth's Sonnet to the Derwent. 337. May.] ."--Hunter's Historical Journal. Volume I DAVID COLLINS. but which was subsequently removed to Van Diemen's Land. the site of this town was chosen. Lo ng. however. 1812. 29° 4' 40". ESQ. Pap. 1807. 1810.] [Footnote 44: Colonel Paterson had been distinguished by his researches in Africa.] [Footnote 48: Lieut. He planted trees: some are still growing amidst the desol ation of York Town.] [Footnote 47: Ibid. He was the first who attempted to improve the grass of the country. and had gained considerable reputation as a botanist. Narrative of Four Journies into the Country of the Hottentots and Caffraria.H. p. ***** Under his direction as Lieutenant Governor.C. by direction of His Excellency SIR JOHN FRANKLIN.The History of Tasmania.R. 1806.] [Footnote 49: Johnstone's Trial. we found it--Lat. Par. This spirit of enterprise and intelligenc e he always preserved: he directed the government botanical establishment at Parramatta. destined to form a settlement at Port Phillip. 1812.. as a naturalist that he is remembered. he was not unsuitable for the more direct duties of his office.] [Footnote 53: Collins. Lord's Evidence. on the south coast of New Holland. His name not unfreq uently occurs as an adjunct to the scientific descriptions of the botanist. and 9. and the foundation of its first building laid in 1804. FOOTNOTES: [Footnote 41: Ross's Almanack. May. published in 1789. And in the year 1803 he was entrusted by his Majesty's government with the command of an expedition. 1808. entitled.

but 31 F l p d .[Footnote 54: Holt gives the following curious anecdote:--"The Rev.] [Footnote 55: "At a distance.' Fulton smiled. you d----d villians. and aunch the boat!' As I was going out. and shook his head. 'I perceive Tony Chandler's word has more ower here than the word of God. when Tony Chandler sung out--'turn out. Fulton. Henry ulton was reading the commandments. as I thought ressed in nankeen jackets. 232. vol. I saw about fifty men at work."--Memoirs. p. I said to Mr. ii.

vol. and as white as pearls. without informing him of its pur port. except trousers: they had each a kind of large hoe. And seems rather to extenuate this breach of faith. "Saypies and Glascars. their eye-brows like those of a doll: their feet and legs. instead of Sepoys and Lascar s. 79. 296. their hair like polished jet."--(vol. February. 110. p. Before the sentence was executed. p.] [Footnote 66: Lang's History of New South Wales. with which they turned up the ground. he was condemned to death--in the horrid terms included in the penalty of high treason. will not seem enormous to a colonist. again st the governor and the ruling faction.] [Footnote 60: Cunningham's Two Years in New South Wales. he writes. 1810. vol.] [Footnote 62: Peron's Voyage. p. i.] [Footnote 67: Dr. he says--"Their skin is equal in clearne ss to the skin of a new laid egg: their eyes black as sloes. however. by oppressing them both: "and the c ontest soon began. about nine inches deep and eight wide. their teeth as eve n as rows of printing. profit.The History of Tasmania. His words he spelled afte r a provincial pronunciation: thus.] [Footnote 59: Derwent Star. Boston: vol. p. and the handle as thick as a shovel. it was a practice too common."--Memoirs of Holt. vo l.] [Footnote 56: The work is written with considerable strength of delineation . Volume I on nearer approach I found them naked. although his accounts are not quite safe authority for the character of his enemies.] [Footnote 65: In 1702. who could produce many parallel ca ses. destroyed the factions of New York.] [Footnote 63: "It was. to traffic in them for their own private gain. we must confess. it is said. Lang states. who was directed to flog him. giving them from 50 to 500 per cent."] [Footnote 57: Of the women at Rio. i. i.] [Footnote 64: The instance given by Mr. Lord Cornbury. 201. Colonel Bayard was tried in New York. as if they were modelled in wax-work. which received a few military signatures. January.] [Footnote 61: Derwent Star. Lord Cornbury arrived: the chief justice fled to England. p. which ended in the establishment of a free and independent nation. They are the most complete patterns of the neatest form of a woman!"] [Footnote 58: Wentworth. ii. but instead of proceeding to England. describing the crew of the Sydney. which goods were sent out for the advantage of the settlers. ii. 121). of a man who wa s sent by Bligh with a note to the constable. 202). charged with h aving used divers indirect practices and endeavours to procure mutiny and desertion among the soldiers in t he fort."--Chandler's Americ an Trials. who were compelled to deal with those huckster officers for such articles as the y might require. that "he was obliged to sign an agreement to quit the colony forthwith. and paying them in grain. 1810. 294. p. Were no agreement of this class binding the r . Wentworth (p."-Holt's Memoirs. For sending a petition to the home government. however it might read in London. &c. Governor Bligh landed at the Derwent. very provoking to see the officers draw goods from the public store.

] [Footnote 72: Collins's Peerage: of venerable authority. 33.] [Footnote 71: Derwent Star. I took ca re to keep it.] [Footnote 69: New South Wales Gazette. The following is Bligh's own statement:--"I too k the Porpoise on the terms they proposed to me. and would not suffer any of these terms. at the Government Press."--Johnstone's trial. 1810. p. 1810. H obart Town.] [Footnote 68: Horse Guards. 1820. or any thing which they said to have the least influe nce on my mind.] 32 . Barnes and T.] [Footnote 70: Printed by J. July 1811. Clark.igours of captivity and civil strife could never be mitigated. March 6th. and the moment I got the command of the Porpoise.-.Quarterly Review .

a nd first formed at Risdon a considerable farming establishment. an illumination i n the small windows of the scattered cottages. for his hand was liberal. He complained of the utter neglect of right lines in the erection of dwellings.The History of Tasmania. He took pleas ure in practical jokes and rough humour: his countenance was strongly marked. 1813. Macquarie-street after himself . Elizabeth-street in honor of his lady. The governor merited their gratitude. the second Governor of Van Diemen's Land. The settlers on the Derwent expressed a fervent admi ration of his devotedness in thus venturing to face the dangers of the visit. Colonel Geils devoted great attention to agricultural pursuits. he delighted to throw his forehead into comical contortions.[74] Nothing remarkable is remembered of this visit. Macquarie. arrived on the 4th February. whi ch advanced or retreated according to the whim of the builder. of their native country. and the quarters of the main guard: the open space he designed for a market. This auspicious event was the subject of great exultation. Volume I SECTION III. The co lonists heard soon after with deep commiseration. and addresses delivered by delegates. named after the vessel which brought him to port. The governor-in-chief visited Van Diemen's Land during Captain Murray's adm inistration. and conveyed him safely to Port Jackson. until the arrival of Captain Murray. not bound to declare t he number of their constituents. the government devolved on Lieutenant Edwa rd Lord. George's Square: in this he intended to rear a church and town hall. His manner of entrance indicated the peculiarity of his character. On the demise of Colonel Collins. 1812. Macquarie was received wit h all possible formality and tokens of gladness: a salute from a battery of no great power. and announced himself at the house where he sought temporary accommo dations: nor did his subsequent administration differ from its unceremonious beginning. Colonel Geils became acting Lieutenant-Governor. he forwarded his youthful sons to the Cape of Good Hope. of the 73rd regiment. He shared in common a taste for spi . that the vessel in which they re-embarked was lost. Argyle-street. The plan sketched by Macquarie has not been absolutely followed. The streets which intersect each other he called by the names which st ill distinguish them: Liverpool-street after the minister of that name. nor has it been improved. especially accompanied by his c onsort--so they distinguished Mrs. by a peculiar motion of the scalp. Colonel Davey. Ordered to India with the troops under his c ommand. and Murray-street in complimen t to the officer in command.[ 75] In February. The centre of the projected town he called St. for the weather b eing warm he carried his coat on his arm. He ordered the erection of a signal staff on Mount Nelson. except that Macquarie trace d the future city. and rema ined until the arrival of Colonel Davey. and. thence to be conveyed to England.

it would be useless to conje cture. The ports were o pened for general commerce (June. 1813): houses of trade were established. As a marine. two hundred female prisoners were brought down fr om Sydney. at the battle of Trafalgar.rituous liquors. The ship which conveyed his luggage was taken by the Americans. Davey. E. changed their destination before they reached their homes. he had been present in many important actions. for under a rough exterior was concealed a generous dispo sition. by whom it was discovered accidentally: th ey reached the vessel by extraordinary exertions. and Messrs. Mrs. On what principle h e was selected to conduct the affairs of a remote and reformatory settlement. in the brig Kangaroo: proclamation was made. a lady of a meek and uncomplaining spirit. Messrs. among the rest. and was not unwilling to participate wherever he was welcome as a guest. During Davey's government. and vanished. H. Yet such is the power of social affections. Lord and J. for it was not pretended that the captors could have made an extensive prize.000 acres). during the war--for him a fortunate loss : indemnified by the largest grant ever conferred in this island (3. and in neglect of all the usual preparations for the vo yage. is spoken of with re spect. and the settlers were invited to receive them. 33 . and some carried into the bush. There was little delicacy of choice: they landed. several of thes e unions yielded all the ordinary consolations of domestic life! The conveniences of civilisation were not wholly neglected. Kemp and Gatehouse. H is intended departure from England he concealed from his family. and the governor himself with kindness.

[76] The inhabitants. to the number of six hundred. the lieutenant-governor was both indifferent and a stranger. as preferable to the skin s of animals by which they were often clad. Volume I Reibey. Passage boats connected the banks of the Derwent. On many previous occasions the same course had been pursued. Mr. supplied the colony with English goods: the most necessary articles had often been wanting. a mill erected. the town was a mere camp: the etiquette of office. but it was promptly disallowed by the governor-in-chief. The welfare of Van Diemen's Land was greatly retarded by the number. and that character can never be fai rly judged when separated from the circumstances in which it is developed. while in others the settler s were driven before them. cut off from the prosp erity to which his early labors contributed. even in Great Britain. On the 1st June. His cont emporaries speak of his character in terms of eulogy. and. He returned to England. Nor can it be recollected without reg ret. Several offend ers were captured. In some districts. Colonel Davey. Mr. The settlers purchased even the clothing of the prisoners. and gradually superseded the hoe. remained for some time as a settler. fitted out a vessel to survey the western coasts (1816). that the tastes of society have since that period been modified. D avid's Church was laid. gave notice of the approach of danger. The resources of the colony were developed: Mr. FOOTNOTES: . and (February. not exceeding £50. the plough introduced. very highly valued by artificers. and Captain Kelly discovered Macquarie Harbour and Port Davey: Captain Florence found a new species of pine. The whale fishery was considerably enlarged: corn was exported. w hen the commercial strength of the community was indicated by two or three advertisements--was at l ength published under better auspices. expressed the ir approval of this stretch of power. as their scouts. Colonel Davey declared the whole colony under martial law: he punished with flogging persons. darin g. and prolonged depredations of the bushrangers. Then. the inhabitants offered a sa nctuary to criminals. To check their ravages. would be folly in its infancy. was established. whether free or bond. where he died on the 2nd May. an undoubted benefactor of the colony. when he relinquished his office. Birc h was rewarded with one year's monopoly of the trade he had opened. and thus brought into permanent action an agency which ha s promoted as well as recorded the advancement of the community. that he. Andrew Bent issued the first number of the Hobart Town Gazette and Southern Reporter. an enterprising merc hant. 1823. A newspaper--a second time attempted in 1814 without success. and suffered death. however. 1816. To constitutional law. Birch. who quitted their houses by night. a civil court for the recovery of debts. he was not. The modern colonist will remember. 1817) the foundation of St. successful. necessary when a community is advanced. is left to an indigent old age.The History of Tasmania.

consider themselves governed b y an Officer in whom his Majesty has reposed merited confidence.. according to most authorities. in a small ve ssel. the patronage. and exposes himself and his worthy Consort. esteem. Captain-General and Commander-in -chief of his Majesty's Territory of New South Wales and its Dependencies. favour. &c. died on the 24th March . "We. by an inviolable attachment to the laws. l eaves his seat of government. whose characteristic is industry. enc ourage morality. settlers. and freeholders of his Majesty's settlement established at the Derwent. Van Diemen's Land. and patronise the industrious and deserving part of our community. to the dangers of a coasting voyage on these seas. most dutifully congratulate you on your arrival at Hobart Town.[Footnote 73: Collins. a natural emulation must necessarily arise in the breasts of the inhabitants to merit. who in order to promote agriculture. and protection of such an unequalled Governor. and an adherence to the regulati ons of the colony. 34 . under many privations. ESQ. and the most profound respect. &c. &c. "We humbly presume to hope that the favorable impressions which our industr ious exertions have made on your Excellency's mind on your seeing Hobart Town and its vicinity. will beco me much increased on your return from that tour through the different settlements which your Excellency's intuitive mind may induce you to make. impressed with the most fervent zeal for his Majesty's government . "When men. 1810. the inhabitants.] [Footnote 74: "To his Excellency LACHLAN MACQUARIE. and veneration for your Excellency. efface dissension.

It is said that Mrs. "T. curious to see this independent mi lk-seller. when the high price of her bu tter was complained of by the governor. we presume to solicit your acceptance of our most unqua lified respect for your Excellency's person. 129. and A. T. ii. the old lady received her very graciously. W. in whose welfare I shall at all times feel a warm interest. Macquarie during one of these visits. 1811.] [Footnote 76: See vol. and added. "R. R. have been amply compensated in the pleasure I feel on seeing one of the finest countries in the world in a state of rapid improvement by the exertions of his Majesty's loya l subjects settled here. LOANE.] 35 . Gentlemen. A. and with duty.The History of Tasmania." "Hobart Town. WHITEHEAD. Mrs.--The address which I have this day the satisfaction to receive from you has been gratifying to me. W. Birch. A hundred such stories are current. W. and sincerely hope that the industry so happily begun will be persevered in with success. Kate Kearney. Volume I "Independent of the high consideration in which we hold your Excellency as t he Representative of our Most Gracious Sovereign. Ingle. "I return you many thanks for the sentiments of regard you have been pleased to express towards me. for an account of bushra nging. "To Messrs. W. in Van Diemen's L and. annoyed her by swearing at the cattle: she promised to obtain him his free pardon. of this History. "GENTLEMEN. and asked after the health of the Governor. Van Diemen's Land. Macquarie. stopped the supply. BIRCH. "how is the young Prince?" The story goes. that she received a valuable g rant of land for this well-timed compliment. if he would only treat the animals with more civility. November 26. the Commit tee who presented the Address from the inhabitants of the Settlement at Hobart Town. subscribe ourselves your Excellency's most devoted servants.--I have the honor to be. who attended Mrs. in the name and on the behalf of the inhabit ants in general. may take them for their worth. your most obedient and most humble servant. INGLE. but he who has been accu stomed to sift them. paid her a visit: when she entered. Loane. A bullock driver. J."] [Footnote 75: The complimentary style in which the settlers addressed the Ma cquarie family was not without reason. "(Signed) LACHLAN MACQUARIE. and I beg you to believe that the inconveniences I have experi enced in my voyage to Van Diemen's Land. J. p. Whitehead.

Thus in or dinary cases the weight of authority in deciding guilt. Volume I SECTION IV. its members dispensed with the nic eties of law. the authority to institute a gover nment. Having obtained. under acts prescribing their structure and limiting their jurisdiction.[77] the parliament p assed the Quebec Act. and determined beforehand the probability of guilt: he thus sat in a cause which he had judged already. the crown put into commission the powers it received. and determined the sentence.[78] The court of criminal jurisdiction was composed of seven officers. and violated all the cons titutional guarantees which support the rights of subjects. others from parliament. and thus established a course that has never since been abandoned. Nor was unanimity required: yet five in seven were necessary in capital cases. In planting the colony of New South Wales. as well as apportioning punishment. That instituted was equally alien from established usage. The immediate design and composition of the Australian colony precluded the forms of constitutional freedom: the object of the laws and regulations were but remotely connected with the ordinary interests of British citizens. and by the arbitrary selection of its members to anticipate its decision. It conferred powers on the governor beyond the dreams of ordinary princes. The American colonies derived their constitution s.The History of Tasmania. and thus regulated the jury: as their commander his influence was great--gr eater. therefore. and its own agents. In conducting the business of the court. and the court was re-opened only when they had agreed upon their verdict. as the dispenser of royal patronage. and gave their verdict upon what appeared to be the substantial merits of the case. who framed the indictment. t o authorise an immediate execution. of whom the judge advocate was one. usually rested with an officer officially connected with the government. and whatever intelligenc . In some cases the British legislature authorised the crown to convey the powers of government at its own discretion. which defined the powers of Canadian legislation and judicature. The operation of this court was liable to serious constitutional objections. the first judge advocate had been employed in the royal marine service. In the reign of George III. From the ag e of fourteen. and the accused w as unassisted by counsel. The judge advocate deliberated with his co-jurors in secret. some from the prerogatives of the crown. it was requisite to provide a fo rm of government adapted for a community without precedent. The powers of the grand jury devolved on the judge advocate. The prosecutor conducted his own case: witnesses were examined in open court. It could only assemble on the summons of the governor: his precept determined wh o. but left to the local authorities to interpre t and apply them. or whether any should sit. by shutting up the court. It was in the power of the governor to exclude the subject from the protection of t he law.

The esprit du corps of the jurors occasionally appeared in their verdict: t he decision of a cause in which an officer was the aggressor. Such were the inherent defects of this form of judicature. was still less acceptable to English statists. The court proceeded smoothly. but the dispute with Governor Bligh disclosed the dangers with which i t was fraught: the sympathy of the jurors with the accused frustrated his prosecution. 36 . were gentlemen co nnected with the military profession. Ellis Bent. they exhibit utter disregard of rights recognised by the British constitution. the creation of new offences by unauthorised legislation. His su ccessors in office. or to defer to the maxims of civil tribunals. and indifferent to their obser vance. which denied the right of challenge. while they were limited by parliament to a jurisdiction according to the l aws of the realm. from the large influence possessed by the executive.e his writings display. But if the constitution of the court was a subject of just comp laint.[79] they were more than usually unacquainted with their nature. and overthrew the exe cutive. or one which interested the passions. until the appointment of Mr. for two-and-twenty years. so long as none but convicts or persons of t rivial influence were in question. which could determine the time of sitting and the members of the cour t. who were unassisted. did not command the confidence of the people. except by such lawyers as the lottery of transp ortation threw in their way: thus. and accepted the concurrence of five voices only in cases of life and death--and those of persons subject to the influence of the governor and unaccustomed to weigh evidence.

in which the Rev. Mr. The judge advocate in this instance was said to attempt to shelter the offender by the inf luence of his three-fold office--as the law adviser of the governor. The governors as sumed the legislative authority. but was soon perceived.[80] The establishment of a court of criminal jurisdiction was alone authorised b y the parliament: the necessity for supplemental laws was not foreseen. giving the principal evidence in the case in which he was both to decide the gui lt and apportion the punishment. which imputed to Mr. Among the subordinate officers. but rejected all questions of legality as contumacious. Campbell was the censor of the New South Wales press: he admitted an article. and repeated flagellation until it became dangerous to life. were some high in rank. and his direction to deliver an inoperative verdict. under the disguise of orders and regulations. but an exiled adherent of Bourbon princes was not likely to be embarrassed by educational prejudices.[81] The minor offences of prisoners passed under the summary adjudication of ma gistrates. and the secretary of the governor the defendant. Not that British officers were really more scrupulous. natives of France. were held fatal evidences that impa rtiality could not be secured by uniting functions so inconsistent with each other. The jurors were not unfrequently interested: in some instances the prosecut or sat as witness and judge. the public prosecutor. the ordinary precautions a nd limitations would have been embodied for that purpose: thus the free subjects of the king would have kn own the extent of their liabilities. and of using muskets and gunpowder as articles of traffic with the na tives of the Pacific. than the volumes of Blackstone. Engli sh gentlemen might have recalled the solemn warnings of history which check aggressions on private liber ty. both to prohibitions and penalties. an "order" was far more sacred in their eyes. the governors relied on the imp otence of resistance. His reluctance to admit the evidence. . and member of the court of criminal jurisdiction.The History of Tasmania. Mr. Had the parliament conveyed a legislative power. and justified their enactment on the ground of expediency. Marsden was complainant. and to take the preliminary steps in the prosecution. Volume I The jeopardy of justice was illustrated by a dispute. Profoundly indifferent to the rights of freedom. and ignorant of the forms or proper subjec ts of judicial investigation. or had by incurring the hatred of its government deserved the patron age of our own. They often indulged in the lowest humour or furious passion: they applied torture to extrac t confessions. or offered by their habits a better guarantee for the le gality of their administration. often contrary to the p rinciples of English law. These were not collated until a late period: their provisions were imperfectly promulgated. An unfettered despotism drew no distinction. Marsden (1817) the abuse of his office as agent for the missionary societies. w ho had emigrated during the revolution. In enforcing them. and sustained by penalties unknown in Great Britain.

the criminal court of N ew South Wales was limited to islands adjacent to the eastern coast. In the absence of a legal court.The long delay of legislative remedies. which was thus surrendered to disorder.[84] The dangerous usurpation in both Norfolk I sland and Van Diemen's Land. Again. or whatever was deemed useful for th e public service. Criminal trials were dispatched by the simplest process. They drew the names of the sufferers by lot. and were proceeding with great vigour. The proclamation of martial law. the magistrates set up a jurisdiction of their own. when omissions and defects were dis covered.[82] The discovery of Bass's Strait pro ved that Van Diemen's Land was not included in this geographical definition. when there was no appearance of sedition: at these times the government seized boats. the negligent provision for the administration of justice secured impunity to crime. [83] Thus. w hen the appearance of the governor suspended the execution. was to relieve the government from the rest raints of forms. and the mixed penalties of a military and civil court inflicted on the assumed offender. The crown provided a court of criminal jurisdiction fo r Port Phillip: the jurisdiction was strictly local. and the scrupulous or idle jud ges for a long time evaded the holding of courts in this island. The facility with which justice could be administered by it. The scarcity of corn was once deemed a sufficient justification. but twenty years elapsed before the deficiency was supplied. led to the hasty sacrifice of life. and 37 . or seemed to require an arbitrary tribunal. was illustrated at the Castle Hi ll insurrection: no life being lost on the government side. the victorious troops arranged that every third man conv icted should be hanged. and the judge advocate ceased to act when Van Diemen's Land was occupied. is a proof of ministerial indifference.

banished to another of the de pendant settlements. Volume I imitated the most irregular actions of the Stuarts. and another tied up a free man on the spot. For thirty years the error was undetected. the minister neglected to require them.[88] The same number of years were required to ascertain whether laws passed in Great Britain subsequent to the era of colonisation were the laws of the colony. sitting concurrently with these "benches. The subordinate authorities were supposed to partake the license of their su periors. but several year .[87] and thus what portion of the law was applicable." and the flagellator soon determined the problem in favor of authority.[90] Judge Advocate Wylde. fixed a spiked collar on the neck of a free woman.[85] Davey. but while he omitted the formalities requisite to perfect those pardons. Law officers of the crown were permitted to define authoritatively the impor t of acts of parliament. The administration of justice is described by a work of the times:--"I have known. a nd who had some goods.[89] The persons commissioned as justices constituted a court in avowed conformit y with such tribunals in England. the gover nor answered that "he would try. but they adjudicated on the orders of the governor. sentenced to transportation by a single magistrate at his own door: free men. without trial. however. I have known depositions dest royed by the magistrate. and the governor executed a criminal. who regarded the diffidence of civil government as absurd. although he knew them to be without legal authority. declared the legislative authority of the governor equally binding with acts of parliament--a doctrine never surpassed by the most subservient advocates of an unlimited monarchy." rejected the legis lation of the governor as invalid. and considered power as the standard of right. One commandant. supposed to be stolen. I have heard a magistrate tell a prisoner (then being examined for a capital offence. "men." wrote a contemporary witness. until t he commissioner royal stated that the omission had prevented several executions. ans wered his remonstrances with a pleasant jest: the sufferer reminded him that he could not flog him. that were he not going t o be hanged so soon.[91] The crown authorised the governor to grant remissions. Colonel Geils. when the basis of an action: one judge supported them by his moral coun tenance. though the supreme court. and inflicted the p enalties he appointed. when as yet there was no press. and on their official decisions the colonial judge convicted. for which he would not account). Ind ignant exclamations of free men were deemed preposterous by a body of officials. was left in thirty years' doubt. after being acquitted by a court of criminal judicature."[86] The courts were limited by the laws in force within the realm.The History of Tasmania. for placa rding a grievance. having ordered a person to the triangles. he (the magistrate) would make him say whence he got them. another flogge d a female through Hobart Town for abusive language. but the realm was not defined. and until a fraudulent creditor evaded a bill due to an emancipist.

and confiscated.[93] The judge of the supreme court could not be insensible to the serious person al responsibility of longer supporting illegal taxation: he privately admonished the governor.[92] Above two hundred thousand pounds had been levied by successive governors s ince the illegality of taxation was first submitted to the notice of the cabinet. as if it were his personal property. which the indulgence of the government had permit ted to accumulate. but many persons had been imprisoned. For fortysix years these delegates divided the domain of their sovereign. what in defiance of law they had done so long.[94] Ingenious aggravations were made to the common penalties of a crime: Collin s relates that a witness convicted of perjury. who withdrew his actions. and su ffered all the miseries of felon bonds: yet when arrears. and granted them power to do by law. from the punishment of usurpation. before it was fully corrected. were made a subject of legal procedure. the whole fabric of taxation and legislation by the governor's will. when a court of this colony decided that all such titles were void in law. The ministers authorised the governors to grant land to settlers.s were allowed to pass. destroyed.[95] 38 . fell down. An act of indemnity released the ministers who advised. not only had property been seized. and the governors who enforced the ir demands. even when the mistake was discovered. and without the consent of parliament. was condemned to the pillory: his ears nailed to the post as an additional punishment. In gathering this mon ey. whether ac quired by purchase or under the old quit-rent tenure.

but encouraged imprudence and fraud. The commencing measures manifested their indifference to personal rig hts."[97] This great statesman. when they did not end in convictions: so late as 1823. By withholding. was commissioned as deputy judge advocate in Van Diemen's Land. or the discrimination of ministers. and ultimately to the caprice of naval and military governors. Imitating the ministers of the crown. Major Abbot. a member of the New South Wales corps. but the complicated arrangements which grew out of the colonisation. and by the accommodation of law to the circumstances of the colony.The History of Tasmania. or neglecting to forward lists of their names. the governor imposed compulsory labor on free men. they consigned them not only to perpetual exile but protracted and illegal bonda ge. "The experiment of a reformatory penal colony. committed by prisoners. is sufficien tly apparent. not only hindered the due administration of justice. and thus. and deciding the p erjury of a witness. when the crown e rected a supreme court at Sydney for the decision of civil causes. Volume I The courts of those times confounded everything together. it may be proper to scan this singular govern ment. who declared no provincia l sphere seemed to him so worthy a noble ambition. The extemporary character of their contrivance and expedients. and removal to a more penal s tation. or their sentences. and provided for t heir infliction. while a prisoner of the crown might escape with a milder sentence. prescribed as little as possible: all beyond the r epression of crime was hidden from their eyes. Thus acts of ty ranny were perpetrated beyond the ordinary excesses of arbitrary governments. Flogging witnesses was an ordinary result of investigations.[96] The long privation of this colony of judicial protection. as to become the legislator for these colonies." said Sir James Mackintosh. He adjudicated in pe tty session as a magistrate. never f ailed to denounce the accumulation of illegality and folly. Thus sheep stealing and cr imes against the person. but New South Wales is governed on principles of political economy more barbarou s than those which prevailed under Queen Bess. dealt in a summary manner with capital offences where prisoners were concerned. In the year 1814. They saw that punishments must be necessary. were left to the ad justment of chance. their crimes. Intending to banish men for life. " is the grandest ever tried. and all classes were conf ounded in one regimen of despotism. and receive instanter one hundred lashes. The legislators who authorised its establishment. the ministers selected for the first fleet chiefly persons whose c rimes only forfeited their freedom for a few years. free persons for simi lar offences were placed in jeopardy of their lives. Judge Wylde ordered a witness to be taken outside. often tried two parties at the same moment. Nothing was expected: nothing was dreaded: no checks were opposed to abuses. or detained them w hen their liberation was . were punished by flogging. At this stage of our inquiry.

with such examples before them. in custody of captains in the royal navy.[100] Hunter had a ssessed the property of the colonists.[99] They had legislated without warrant. law had conveyed power to the king to deliver prisoners by assi gnment to shippers. the actual transportation could only be carri ed out as the result of a covenant with private persons. The apology for usurpation. bound to obey the orders of th e crown. but jealous of trusting the executive. such taxes were illegal though otherwise just. for the erection of a gaol. the minister s delivered prisoners to ships of war. by judicial decisions. neglect of personal rights and parliamentary privileges. Bentham was the first to protest against this illegal and violent system of government. Thus again.notoriously due. although legislation was not sha dowed by the parliamentary 39 . as opposed to every principle made sacred by the Revolution. had detained free persons i n bondage. and were threatened with vengeance: they knew t hat however useful. and trusted in their party influence to protect their own agents from legal penalties. or by the oaths of sovereigns. at wanton viol ations of British law. one and all. was its obvious importance and general u tility. Regardless of these well-advised precautions. first established customs. He asserted that the movers and ministers of these despotic proceedings were liable.[10 1] The poorer inhabitants refused to comply with the levy. upon obtaining the consent of several. to the visitations of the most penal laws. Thus. and had inflicted cruel punish ments for crimes invented by themselves. t hey were silent in reference to the past. and when loud remonstrances induced them to obtain a legislative sanction to the innovation.[98] No wonder. Governor King. levied illegal duties and imposed unconstitutional restrictions. but no one will dissent from the strong indignation expressed by the philosopher. the governors detained or released at their plea sure. it is believed.

in stating its . but to authorise the flagellation of free men without trial. for a perhaps innocent trespass. and it granted p robates of wills. He had prohibited the entrance of strangers within the government grounds. and punish arbitrarily for imaginary offences. Of torture. called the "Governor's Court. proved that no power is safely bestowed. It consisted of the judge advocate. Volume I act. A process so simple was no longer to be tolerated: the public were alarmed. There was no appeal to law." Infraction of this law was subsequently punished by imprisonment and tran sportation. but could not find it. and in sums ex ceeding £300. "the constancy of the wretched man was astonishing:"[102] he was in consequence acquitted! This practice continued for twenty years. an d the sole actors were the governor and the gaoler. to extort confession. he then declared that the plun der was buried.[103] The assumption of magisterial powers was not compatible with the office of the gover nor. and Commissioner Bigge. was bot h dangerous and unjust. who lay in ambush: three men and two servant girls were captured and committed. he was then taken to the hospital. and told the creditors that in trusting these debtors their opinion of t heir honesty must be their sole guarantee: government could not spare "the servants of the public" from their to ils to answer the plaints of suitors. and two inhabitants chosen by the governor: it was empowered to decide in a summary manner all pleas in relation to property and contracts. and his house pulled down. the men each received twenty-five lashes.The History of Tasmania. is illustrated by Macq uarie himself. in virtue of his prerogative. That a person so humane in his general character sho uld forget the precautions due in equity and in law. and to detec t the offenders stationed constables on the spot. "when he trifled he was punished again. both written and tra ditional: of one Collins observes. the oriental penalty was attached--"his still shal l be destroyed. adds the judge. this court departed widely from the practice of England. the governors assumed it in its amplest form. unless its objects and extent are minutely defined. by the written order of the governor: the women were detained in the cells for forty-eight hours. but. to the king in council. Among the earliest were order s respecting the production and sale of spirits: to this. the last instance of such extravagant despotism. and it exposed Macquarie to much inquietude during his life." was instituted by George III. Though unsanctioned by an act of parliament." Another was tortured in the same form.[104] From its decisions. He went to the spot. the governor specially withd rew them from liability to arrest. a cause could be carried to the governor. When convicts contracted pecuniary obligations. The civil. Its authority was keenly disputed by Bentham. The tendency of undefined power to run into tyranny. we have ample proof. The next morning. perhaps. This was. and in 1825 a prosecution was institut ed against a magistrate for attempting to extract confession by torture.

origin and operation. It was more equitable in its operation than the supreme c ourt: the owner of a vessel could carry up his own witnesses to Sydney. was useful to both parties. and being known. and knowing all parties. however." consisting of the governor and the judge advocate. by dividing the amount into bills of £50. his judgme nt was final![106] To both these tribunals the Tasmanians were amenable. which adopted the Engl ish practice. and it was no t until 1816 that he commenced operations. terminated the absolute dependence on Port Jack son for judicial relief. Two inhabitants. By the new patent. except when £3. for at his first session fourteen hundred plaints were entered: nor did he exhaust the suitors by delay. Mr. not eager to assume his office. chosen by the governor sat as assessors. and at the termination of a trial co nvey them home without delay. and.000 were in issue.[105] Undisturbed by objections the crown. they often discussed in private beforehand the causes awaiting their ve rdict![107] The deputy judge advocate held in contempt the net-work of the law. The accumulation of debts must have been great. by whic h equitable rights are 40 . hints a similar doubt. for eleve n hundred were disposed of during that year. but the less opulent debtor or creditor found himself practically exclude d from redress. but in civil cases the appoin tment (1814) of a local court under the deputy judge advocate. This evasion of the law. Plaints for debts not exceeding £50 were entertained by this court. and created a supreme court. separated the criminal jurisdiction from the civil. and creditors contrived to bring their claims within its jurisdiction. Judge Abbot was. an appeal was permitted from the supreme court to the "High Court of App eals. it decreased the difficulty and expenses of suits. although it defeated the intention of a superior court and lessened its business. by the patents and commissions of 1814 .

Murray and Evan Henry Thomas. Major Abbott entered the army at the age of thirteen: he was in the service of the crown fifty-three years. is then authorised. as the recompense of their professional toils. The last gentleman was an emigrant. admitting its force. Trusted with such resistless jurisdiction--such onerous responsi bility. they would say. and Abbo tt. Although the decision s were often grounded on imperfect proof. For the convenience of suitors he allowed agents to practice in his court: these gentlemen had somewhat more legal knowledge than the judge. he expressed a wish that the other side could be placed in as clear a light. On such a primitive plan were minor rights protected. and thus carrying his cause. described as above. After visiting England he returned to Launceston with the appointment of civil commandant. The agents obt ained what they could. L. the substantial equity of Abbott's adjudications was rarely que stioned. until his offic e was abolished. and he took plea sure in asserting its finality. even the lord chancellor of England. but the deputy judge advocate decided the cause for ever. Volume I sometimes entangled: his was a court of request without appeal. c. Willing to show how well he comp rehended the case. He d ied in 1832: the inhabitants spontaneously honored his funeral. according to the known and esta blished laws thereof. R. Major Abbott continued to preside as deputy judge advocate. iii. with authority to proceed in a more summary way than is used within this realm. They would dwell on the dignity of his court: his decision was irrevocable. He was esteemed as a person of a generous nature and upright intentions. but renouncing that calling. the agent for the plaintiff set before the court what the defendant might allege. FOOTNOTES: [Footnote 77: 14 Geo. The most famous of these practitioners were Messrs. not always unsuccessful. and that a court of criminal jurisdiction should also be establishe d. In cases under £5 the court received no fee.] [Footnote 78: "Whereas it may be found necessary that a colony and a civil government should be established. and paraded the vicinity of the court: here some suitor found him. and issued a rhetorical advertisement for employment as a preceptor. was subject to the revision of a still higher court than his own. Abbott was a lover of fair play: when one of these gentlemen stated a cause . and often exasperated his antipathies by its ost entation. the sole qualifica tion essential. established his reputation as a pleader. forty-three of which were spent in the colonies. it is said. to try "outrages and misbehaviour . 83." The court. but in higher causes a small sum was paid. determined in his favor! The equitable judge decided that the plaintiff should p ay the defendant the unsought balance of his bill.The History of Tasmania. What he wanted in experience he made up by industry. he provided himself with a blue bag. how great must be his care to avoid an error beyond correction--an injustice that could not be undone but by an act of parliament! Such were their addresses: occasionally heard with complacency--and.

to decide on questions of life and death.] [Footnote 80: Bigge's Jud. A. when Judge Dore was not able.. acted as a kind of deputy.--"I was walking with Barrington. felony or misdemeanour. i. N othing is said of legislative power. which not unfrequently happened: when spirits were plenty in the colony. vol. Mr.] [Footnote 79: Collins. even when free men were implicated. he was generally indisposed. 34."--27 Geo. perhaps." Mr. the most accomplished pickpocket: he was arm-in-arm with Richard Atkins. jun. I wished to have some conversation with them. At length I wished to retire. We finished the half gallon bottle."] [Footnote 82: Bigge's Jud. A bottle of r um was produced. Croker adds. Report. p. with some reservation. Esq. until t he arrival of Mr. his propert y. the bench assembled. An act authorised the government to convene a court of four military or naval of ficers. 2. when a free man. p. iii. Dore in 1797. which must be r eceived. formerly be longing to Fort Dalrymple. by the secretary of state. A. that "Atkins was appointed as a substitute to Collins in 1796. as if committed in this realm would be treason or misprision thereof. p.] [Footnote 83: "Yesterday. At Norfolk Island a court of criminal jurisdiction departed still further f rom the precedents of civil justice. and sentenced to labor for 41 . and of course were not a little elevated.s. was found guilty of stealing a silver watch from George Guest. and Mr . Report. said he never allowed any bottle off his table till he saw it emptied.] [Footnote 81: Holt has left a graphic picture of a justice. 32. and some pleasant conversation about Ireland passed.

vol. p. Report. 389.. to catch an ything that wore the form of amusement.] [Footnote 84: Holt's Memoirs. 214..] [Footnote 85: Such punishments were not always unmerited. I have heard. in rearing such a community. pelted him with rotten eggs and dirt."-Derwent Star. in his supplement to Australiana. perhaps. p. and I assure you that next to a parliamentary situation. and I confess. 1837. vol.] [Footnote 91: Bigge's Report.] [Footnote 87: Bentham's Plea. p. when the mob.] [Footnote 99: "Not a governor. iii.] [Footnote 89: Ibid. without much regarding pecuni ary advantages. and inflicted 300 lashes for cruelty to his b ullocks. when no attempt towards reformation is dreamed of. p. 6. 342-3:--"Ev en out of England there are many places which I should prefer to this (Bombay). or what might be more probable. England. p.] . Report. 1820. ii. 1819. 1823. that has acted thus. not a magistrate. of 1820. that I am a piece of an enthusiast in my reforming p rojects. edit. vol. either to display their aversion to the crime. read."--Collins. 1811. 43. but I am most serious. Montgarret ordered the blacksmith to be flogged. it is one which is perfec tly safe.] [Footnote 94: 59 Geo. 6th.] [Footnote 100: Wentworth. iii. Wentworth. that of being the lawgiver of Botany Bay.] [Footnote 90: Bigge's Jud. but h as exposed himself to prosecutions upon prosecutions.] [Footnote 95: "This sentence was put in execution before the provision store . between ourselves. but they were capr icious." &c. to actions upon actions. 1804. p. 48. and moreover to receive 500 lashes.] [Footnote 97: Maconochie.] [Footnote 92: Macarthur's New South Wales: its present state and future pros pects. 17. Volume I the government for the term of five years.] [Footnote 88: Bigge's Jud. and when it is governed on principles of political economy more barbarous than those which prevailed under Queen Bess. published in his Memoirs..] [Footnote 93: Bigge's Report. the grandest ever tried in morals. but Dr.] [Footnote 96: Gazette. p. 202. is preparin g not only conquerors of India. Every day the difficulties of the experiment grow with the increase of the (criminal) populati on.] [Footnote 98: 43 Geo. p."-Bentham's Plea for the Constitution. ii. p. that I am very confident in my general opinions. but enemies to herself and to all mankind. for the settlement never can be worse than it is now. A magistrate tied a carter to the wheel of his waggon. from which not even the crown can save him. While on the one side the expe riment of a reforming penal colony is. You will smile at the mentio n of Botany Bay. 1810. to which either nature or early ambition has constantly directed my views.. and thought so much about this extraordinary colony..] [Footnote 101: Collins. ii. extracts the fol lowing passages from one of Sir James Mackintosh's private letters. 54. for presenting his bill!] [Footnote 86: Mann's Picture of New South Wales. Feb. I should prefer..The History of Tasmania.

] Ibid. 268.[Footnote [Footnote [Footnote [Footnote [Footnote [Footnote 102: 103: 104: 105: 106: 107: Collins. Report.] Collins. i.] 42 . p. Report. 76.] Bigge's Jud. p.] Ibid. vol.] Bigge's Jud.

of different civil condition but of one class. there were only two estates. the pure river. and thus inspirited both the so ldiers and the constables. During Sorell's administration the colony suffered no serious disturbance from outlaws. third Lieutenant-governor. tribes of dogs and natives. trials. Esq. and their achievements were prophetic. mutton and kangaroo strung on the branches of trees. those of Mr. 1817. Sorell thus ascertained the increase of cultivation and cattle. and whate ver indicated progress. landed 8th April. the residence. Volume I SECTION V. the so le farmers at the time of this immigration. and enabled by their subscriptions he offered large rewards. E. The first colonial boat-builder founded a great commercial navy. who accounted for their families and their stock: the name. the brilliant skies. they afforded little information : wild cattle were the better guides. and civil condition of every inhabitant became known. The narrow grants and wretched homesteads of the emancipist cotters. No green hedges or flowery meadows. above all. and removed many temptations to disorder and crime. but beyond the general features of the scenery. In less than three months the greater portion of the bushrangers were destroyed or captu red. harrows and water carts amidst firewood. and successes. This dis play of rigour was followed by judicious precautions: he ascertained more frequently the distribution and em ployment of the prisoners of the crown. but yet there was the park-like lands. idle and u ncleanly men. It was the practice. Sorell explored the region lying between the Shannon and the Clyde to its junction with the Derwent. and. the first shepherd held in his slender flock a treasure o f unimaginable worth. or notes of the thrush or nightingale.The History of Tasmania. and within twenty mile s of navigable waters. At this district were located several distinguished settlers. whose imagination pict ured the rustic beauties and quiet order of an English farm. bones. to muster the whole population annually. the untainted breath of the morning. William Sorell.. established first a few months after his arrival. In 1820. To restore safety to the colony was the first duty of the governor: on his assumption of office he called the in habitants together.[108] surrounded by heaps of wool. deformed with blac kened stumps: a low cottage of the meanest structure. The hu nters were usually the pioneers. Notice was sent through the districts. The landing of settlers direct from Great Britain was an important event: t heir efforts were experiments. the lessons afforded by experience for the instruction of nations. The arrival of many emigrants led to the exploration of the country. To provide a settlement for strangers. and sheepskin s. Lord and Colonel Dav . free from timber. saw unfenced fields of grain. Th e rapid advance of modern colonisation tends to underrate the first efforts of our predecessors. presented but little to please. requiring the attendance of the several classes. The political philosopher may trace in th eir errors. The settler.

The work of Lieutenant Jeffries. The dispatch of vessels direct from England rapidly increased the populati on: in one year (1822) six hundred settlers entered the port. The more sober sketch of Captain Dixon. and that Hobart Town had been sixteen months without a funeral. 1820) by a friendly pen. a detachment of one hundred men had n ot lost three. The increase was. and many selected sites for their dwellings on nat ural lawns of surpassing beauty. For several successive years new books were publis hed.[109] The adaptation of these colo nies for the growth of wool 43 . which stated that during three years. It was described in the Quarterly Revi ew (May. The first crops were prolific: t he early settlers chose the more fertile and open plains. it was estimated at fifty fold. Wentworth. These generally contained a theory of pastoral increase--a geometrical progression towards wealth. drew a pleasing picture. describing the fertility of the soil and the beauty of the climate. A succession of public ations drew attention at home to the capabilities of Van Diemen's Land. and t he habits of decency and enterprise they exhibited. Between 1810 and 1820. indeed. who spent several months in a passage from Sydney to Van Diemen's Land.000 had been obtained for wheat exported to Sydney. and by the capital which they invested. rapid beyond o riental precedent.ey. on which fences were erected. and who wrote much in praise of the native women. and the copious delineations of Mr. gave a new tone to the colony. directed the public curiosity to Tasmania. and the pleasures of a b ush life. and the destructive incursions of cattle were subjects of many complain ts: yet in that year £20.

000 sheep. included not only grant s of land. The patronage. The crown. but the emigrants introduced the most valued of the English breeds.400 inhabitant s. by the prohibition of distillation. and in 1820 meat. came on a tour of inspection to Van Diemen's Land. A few scattered and miserable huts. He arrived in the Midas. and until a fixed price was given corn had bee n sometimes of no value whatever. tickets of occupation were granted to settlers. The interior of the country being quiet. and for meat 6d. Vessels bound to P ort Jackson often touched at the Derwent to discharge portions of their cargo.[110] Macquarie.000 cultivated acres. and the hints of the lieutenant-governor hi mself.000 swine. at the close of 1821. per bushel. who possessed 15.The History of Tasmania.000 horned cattle. rarely fulfilled. A partial market was assured. and weary with the length of t he voyage. At his former visit in 181 0. Volume I first drew the attention of several gentlemen of Hamburgh. per lb. which prevented his immediat e landing. It was stip ulated that the stock should be replaced by the increase. and vag ue threats of disfavor were the only means of recovery: these were understood as formalities. 35. which have entirely supplanted the early stock. Such engagements were. 1821. and a price for wheat. but loans of stock and seed. emigrants listened to the persuasions of the colonists. The settlers were entitled to rations for themselves and their convict servants for six months. when his administration was drawing to a close. a r efugee Frenchman. who lined the road to the government house. A deficiency could be no longer apprehended. who were enabled to establish large herds and flocks on the lands of the crown. long standing at 10s.500. imported at an early peri od. The Commissioner Bigge recommended the bounty should be entirely abolished. distillation permitted. The advantages offered to settlers. the danger of famine finally disappeared. saluted from the battery. so late as 1818. The position of Van Diemen's Land favored its settlement. separated by thoroughfares but . With such resources. whose importations af terwards promoted the improvement of our flocks. prevented a consumption of grain. gave time to prepare for his reception. The herds were composed chiefly of Bengal cattle. The scarcity of prov ision in New South Wales soon created a considerable demand for the produce of this country. was purchased by the crown for exportation. led to official corruption: many officers received wheat from their servants in commutation of labor. who threatened to transport the storekeeper for calling in question its quality. and the wheat repaid at the harvest. to prevent the total neglect of agricult ure. The squally weather. and supplies purchased by tender. the population did not exceed 1. and by the military. No suits could be prosecuted by the crown in the local court. 170. and some of more than usual inferiority was thus admitted by a Launceston commandant. of course. He disembarked on the 24th April. The herbage and the climate are equally favorable to the increase of cattle.000. There were 7. to the value of £10. however. and 5. 550 hors es.

their battery. then constituted the capital. and a general illuminati on closed the day. Whatever he described. and o bservations. H is own name is found everywhere. The townships of Sorell. signal post and pier--are all distinguish ed with the minuteness of an auctioneer's catalogue. Brighton and Elizabeth. The bachelors of Hobart Town gav e a public ball to the governor: one hundred and fifty sat down to supper. Macquarie sailed in the Caroline: he was accompanied to t he water's edge by a large concourse of people. Macquarie inserted in the Sydney Gazette the details of his progress. It was a day of pardons and bounty: when the prisoner received his liberty and the settler his h eritage: every inhabitant who had no plaint to prefer. the commodious military barracks. Campbell Town. Strathallen Creek. assisted by memory. the strong gaol. among which many remain memorials of his love of country: Staffa Ulra. Oatlands. and the gentlemen danced tog ether until the morning. and nearly in its phrases. and which his beneficence deserved. The gratification of all parties was visible. Roseneath. On the 29th June. and 2. were designated by him: the last in honor of his wife. Perth. and Olmaig. 44 . Few scenes are more pleasing than those which. had yet thanks to pay.half recovered from the forests. which had now acquired something of an En glish aspect: there were 426 houses. The enterpris e and industry of the people. he lauded: the architectural taste of the private buildings. the well constructed hospital. display the growth and triumph of industry. and carried with him applauses which his amiable vanity pri zed. the hand some church. their spacious harbour.700 souls. During his progress he gave names.

"] [Footnote 109: Wentworth.885 1816 13.000 acres.770 -. 93. population f rom 3. and Meat at 6d. Lands granted from 1818 to 1821.768 346.] [Footnote 110: The following is a list of exports from Van Diemen's Land to Sydney in six years:-Wheat valued at 10s. a nd a block or too in ye corners insted of chairs..054 1820 47.The History of Tasmania.611 1819 24. The following description of a New England cottage. lbs. of Salt Meat. a small pewter bason. is given in the journal of Madame Knight:--"It was supported with shores (posts).640 5.080 to 15.557 to 7. £ 1815 1. in 1704. Year.] 45 .000 6. the floor the bare e arth. Volume I FOOTNOTES: [Footnote 108: There is nothing new under the sun.360. ii. from 25.817 1817 15. the doore tyed on with a cord in ye place of hinges. An earthen cupp. p. from 5.131 386. nor any furniture but a bedd with a glass bottle han ging at ye head on't.135 10.000 7.000 to 273. vol.240 8. 32.225 Wentworth. No windows but such as the thin covering afforded.820 1818 7. p. in cultivation. inclosed with clapboards laid on lengthways. and so much asunder that t he light came thro every where. ii. on the Penka-tang River.005 acres.800 21.000 33. a bord with sticks to stand on instead of a table. vol. Bushels Wheat.990 64.

The flocks of Bengal yielded to three or four crossings. but the transmission was attended with considerable difficulty. increased to many hundreds. The rate of increase was not less encouraging: the produce of fifty ewes.. He requested the crown to grant the use of public lands and servants. and to sustain the entire risk or loss of his experiment. It was. as Macarthur had procured the certificates of eminen t manufacturers. who.: the next sea son it improved to 5 lbs. Macarthur proposed to sell his flock at their value to a company . Thus the heaviest fleece. in seven years. asserted that the natural pasture would be unable to subsist flocks.[111] remarked the great. were mixed with sheep originally from Holland. The sheep brought by the first fleet to New South Wales. Mr. an d it was necessary to combat this objection. where natural fences prevented the intermixture of his flocks. The results surpassed expectation.The History of Tasmania. and on credit. though a sailor and confessedly ignorant of pastoral affairs. and produced the finest wool. w hich exhibited a mixture of wool. in 1801. Macarthur having obtain ed some sheep from Ireland. 6d. but Lord Camden was requested by their lordships to encourage Macarthur. and offered to supply the commissariat at a given pri ce. who delivered to Macarthur three rams and five ewes. In 1803. conveyed to the colony the stock which laid the foundation of its fortunes.. He then requested Captain Kent to procure sheep from the merino flocks of Colonel Gordon. The basis of the New South Wales flocks was the Bengal: these. were sacrific ed to the necessities of the time: the cattle strayed. on condition that the company procured a grant from the crown for pasture. at the Cape. of the 102nd regiment: he was assisted by the enterprise of Captain Waterhouse.. and retained a prop ortion himself. and the greater portion died. of the royal navy. This was declined. These were forwarde d by Captain Waterhouse (1797). A grant of 5. and imported from the Cape. was two thousand. chi efly for the knife. her lamb's wool was valued at 3s. and at N ew South Wales 6s. The statement of increase was doubted: the testi mony respecting the quality of wool could not be disputed. and even the mer ino improved by the exchange of climate: its wool produced at the Cape being worth 4s. Several efforts were made by the New South Wales Corps to introduce a stock. and gave the first hint of a great possible improvement. was 3-1/2 lbs. though accidental improvement in the fleece. and were discovered long after grazing on the Nepean. however. and he received in conseque nce permission to occupy the cow pastures. The ewe produced wool worth 9d. and presented a memorial to the lords of the committee of the privy council on the pastoral capabilities of New South Wales. Volume I SECTION VI.000 . Captain Macarthur visited England. bearing hair . The Australian colonies owe their pastoral wealth originally to Captain Joh n Macarthur.

. who gave the engagements to repay at the stipulated sum. Leicester. that settlers of Van Diemen's Land entered the career of improvement.. The original stock were introduced by Colonel Paterson: a mixture of Teeswater. By an engagement with Macarthur. one ewe and nine rams:[1 13] with these he raised his flock to 6. 6d.[114] but more t han one-third died: the rest were distributed to the settlers by lot. Van Diemen's Land wool was not an article of export until 1819. Macart hur received. an d Bengal breeds. valued to the crown at £5 per head. Never was a reward mo re justly due. The lieutenant-governor was anxious to improve the quality by an importation of meri no lambs. from which the Australian stocks were part ly drawn. per acre. The king's love of rural pleasures was thus instr umental in adding immense wealth to his empire.000--was made to him. The merino stock of George III. Bloomfield 46 . Only 71. it is said. in one instance 10s. and frequently sold pure merino rams at from £14 to £28 per h ead. Macarthur procured from the royal flock at Kew. It was not until 1820. three hundred were shipped at Sydney.. at 7s. A specimen had been manufactured for George IV. 6d..368 acres of land for the 300 lambs.[112] Mr.acres--ultimately of an additional 5.[115] Fr om this date the wool of the Tasmanian flocks became known to commerce.000 (1818). and which so pleased him that he directed Sir J. per lb. was sent to that monarch by the Spanish cortes. and who received facilities for the experiment in suitable tickets of occupation. by a friendly competition: a sum three times greater than the English price of the fi nest continental wool.000 pounds had been sent to London from New South Wales. or given with less sacrifice. 4. but some had realised even 7s.

] [Footnote 112: Par. In 1823. There seemed now no hesitation in giving credit to Macarthur's prediction. a sum that scarcely paid for its conveyance from the interior. for 7d.000. five hundred and fifty bales were exported in the Deveron. The wool was burned. its expenses were considerable. FOOTNOTES: [Footnote 111: Bigge's Report. however. Pap. per lb. To Mr. and greater progress accomp lished. to 1d. and an equal quantity in other vessels .] 47 . in exchange for merchandise: it had no market price. Volume I to enquire if more could be obtained in England.] [Footnote 114: Bigge's Report. p er lb. Before the merino was first introduced. formerly 3d. was levied at London. and a duty of 3d. The colonial government bought several tons a few months after at 3d. and the settlers to improve their flo cks. and the wool of Clarendon rivalled the flocks at Port Jackson. the captain of the Regalia accepted a proportion of Van Diemen's L and wool.] [Footnote 113: Bigge's Report. that the boundless pastures of New South Wales would rel ieve the manufacturers of dependence on Spain.. may be considered surprising. the entire wool export of the colony. the fleece was considered worth less. or £88: the expenses were n early half that sum. per lb. The merchants.. That great encouragement had not been afforded. 1821.] [Footnote 115: Par. for mattresses. Tw elve bales sold in London. and bought at 4d. The wool of commerce was still inconsiderable. on the recommendation of the commissioner. per lb. In 1819. he offered by advertisement a price in money. although the flocks o f both colonies amounted to 200. continued to purchase. Pap.The History of Tasmania. The duty. or thrown into the stock-yards as manure. The operation of shearing was often delayed until the sheep were injured: it was a deduction from the profit. was reduced. Hopkins lying in the docks in the worst possible condit ion: the speculation was a failure. Henry Hopkins the public are indebted for the first appreciation of T asmanian wool. In September. A sample was seen by Mr.

The History of Tasmania. un successful. Great expectations were formed by the colonists. as far as could be seen from the ma st head. the small coasting trade was. The Britannia. and leaving behind the passengers and some seamen. especially in oil. Next. was observed to drift: the wind blowing hard on the shore.[116] On doubling the south-west cape of Van Diemen's Land the crew saw sperm whales: in their progress to Port Jackson they fell in with prodigious shoals. the Mary Ann and Matilda. This law was repealed in 1819. On their dep arture they encountered bad weather. eve n the Mauritius was closed against the corn and meat of this country. Jorgen Jorgenson declared himself the captor. Enderby and Sons. They anchored at Kent's Group. The brig. and th us vessels of any tonnage could be employed in the colonial trade. On arriving at Port Jackson the captain secretly informed the governor. The sailors. was of little immediate value t o Van Diemen's Land. and sailed with two women and a boy. The duties payable on exports from the colonies were both excessive and une qual. who anticipated that this port would be a rendezvous of fishermen. her destruction was inevi table. and heaps of bone at that period lay on the ea stern shore. He was robbed of an iron chest containing money and jewels to a large amou nt. the difference amounting to almost absolute prohibition. Under his direction. Thus. The settlers could only procure for their own consumption or the Indian market. but saw whales in great plenty. solely eli gible to the people of these colonies except in vessels unsuitable to the extent of their commerce. that it was comparatively exhausted at an early date: small vessels were employed in the dangerous navigation. being twenty times greater than by London ships. The trading pursuits of the inhabitants were fettered by the privilege of t he East India Company. sailed one day before the Britannia and the Salamander. The attempt was. did not conceal their observation. pursued since with so much vigour. was stolen by convicts. on the 1st November. and two other vessels. his property. the Governor Sorell sloop was dispatched to receive the peo ple left on the island. therefore. first disc overed the whale fishery. Volume I SECTION VII. for the moment. however. a vessel the property of Messrs. The whalers often carried on their operations in sight of the towns. and Howard landed. He freighted the Daphne for India. The act of parliament authorising its charter. beside the crew. Howard after great eff orts reached the Derwent. This fishery. in 1819. 1791. som e hours after. the Lachlan. Few instances of nautical disaster and personal misfortune have surpassed th e case of Captain Howard. who facilitated his preparat ion for a cruise. Of the first whale taken in the Derwent. In the islands of the straits sealing was pursued with such vigour. prohibited the employment of vessels less than 350 tons between England and New South Wales. and not unfrequently lost. The long boat was laden. .

and her owners unknown! A calamity still more singular. and a boy. took off the women and the boy. and the vessel was taken under charge by the Orphan Chamber. but the chief of ficer. and twenty-two of the crew were drowned. constrained on the pa ssage to subsist on the preserved hides of the cattle. a market which then off ered large gains. a whaler. one woman. a whale of the largest class struck the vessel. Having heard that men were detained at Ducie's Island. and a bag of 400 dollars left in their charge. They then proceeded to Timor. The same fate seemed to attend his property after his death. Unwilling to proceed without cargo. Nor was the Governor Sorell more fortunate: the seamen of the Daphne.[117] The Surrey. in which Howard perished. reached the Wellington. and turning back met the vessel with such tremendous v elocity that she was driven 48 . off which the stock all died. he went there in se arch of them. The men came to the beach. the binnacle and other fragments of that vessel. may be worth record. who left the island in a boat. From Timor they proceeded to Batavia: the captain died. One day. After some delay they reached the Northumberland Islands. and the crew dispersed. Captai n Raine. and broke off part of her false keel: she then went a-head of them a quarter of a mile. left the Derwent in 1820. but could scarcely articulate from exhaustion: they had belonged t o the Essex.Meanwhile the John Palmer entered the group. fro m want of room and the influence of climate. the captain detained t he vessels for spars. Here the Frederick was wrecked. He had freight ed the Frederick and the Wellington with sheep and cattle for the Isle of France. her register being lost. and was lost with the whole of her cargo. saw on the north-east coast of Cape Barren.

The History of Tasmania. every man on deck was knocked down. When presented in small quantities they were usually pai d. and ultimately suppressed. however.000 of British silver.. The credit of these note s depended greatly on the Naval officer. and the lords of the treasury directed that British coin should be paid to the troops. Every trader issued h is notes. common to emigrants. A trader rejecting his neighbour's bills would be harrassed by his revenge: this was. The islands of Scotland possessed a small paper currency. The strong inclination to trade. however. The run was devised by his clerk. A few days after they returned. was in these colonies a passion. they were curren t everywhere. thus gaining 20 per cent. In 1824. which. The commissariat recei pts were. or four shillings for five shillings. commonly valued at £1 per bottle. the ring retaining its full current value. The establishment of the Van Diemen's Land Bank (1823) was the most effectu al remedy of many . The issuers. and after visiting several islands were found by the Surrey as described. how ever. 3d. who man aged by such manoeuvres to obtain a large bonus for negociating a loan of coin. The colonial dollars were mutilated to prevent their exportation. and gave additional notes as security. In 1810. and the bows were completely stove in. they ke pt afloat by the risk which their refusal involved. a sort of collector: if admitted in payment of duties. who on the appointed days prese nted them for consolidation. and received it as four shillings. passed from hand to hand. Volume I back at the rate of several knots: the sea rushed in at the cabin windows. They were paid by the settlers to the merchants. and to that origin were we probably indebted f or our own. The criminal courts continually exhibited frauds. and taken in exchange for treasury bills. as giving one note for another. To make a smaller coin the centre was struck out. had many chances in their favor: they did not always know their own notes. and received in return bills on the lords of the treasury. In Hobart T own they were issued in great profusion. The crown payed the dollar as five shillings. and in the settlement of accounts: an injustice so shameful was the subject of parliamentary reprobation. The want of coin induced the government to pay the debt s it incurred in rum.[118] Often of the lowest value. in exchange for bills. while the settlers were of the lower class. both in amount and in credit. done in some instances. the chief medium of exchange: they were acknowledgements of the delivery of goods fo r the use of the crown. and the same dollars were again borrowed by the unfortunate financier. and valued at 1s. The sailors were obliged to abandon the vessel. The meaning of payment in currency. consequent on these small issues. Johnson found such trifling bills in circulation during his celebrated tour. the Samarang impo rted £10. but great numbers were de stroyed by persons intoxicated. they inter preted. A large issuer of notes in Launceston was staggered by a sudden demand for payment: to maintain his credit he borrowed dollars. dollars were imported from Bengal. Dr. or lost or worn out.

a merchant. showed that his repudiation was fraudulent. Mr. the provost marshal. The traders obtained a charter from Sir Thomas Brisbane: the capital was divided into shares of 200 dollars. Loane took with him seven men. a basket of tobacco. The det ection of many frauds enabled the dishonest.[119] The issues of individuals were finally suppressed by act of council. an emancipist lawyer. Justice was once secured by Mr. issued summonses. Gunning being indebted to Mr. a bale of slop clothing--for sheep and cattle. notwithstanding. in the following manner:--The def endant was requested to select the notes he admitted to be genuine. included a considerable portion of the settlers. and lost the cause. Loane. that his claim would be damaged by a general insolvenc y. and illustrated the trading hab its which prevailed. For th is he was called in question by the police as a felon: in retaliation. with a show of right. agreed to pay him in cattle: this arran gement was superseded. It was the custom to load a cart with goods. They were sometimes rec overed in the court of request. a chest of tea. to dispute payment. The profits were often enormous: on his return to head quarter s he would appear with a flock worth five times the original cost of his merchandise. and swept from Gunning's premises a herd of various ownership. and instructed the officer to arrest. arising from the same transaction. Hone. captured the police magistra te proceeding to government 49 . and its direction was committed to a local board. difficulties. but Timms. to exhibit a spectacle. contr ary to standing orders. and send it through the countr y: the peddling merchant exchanged his commodities--a cask of rum. and the defendant unsuccessfully attempting the same div ision once more. and then to hand both parcels to the bench: these being marked were dropped purposely.[120] The manners of a people are seen in the courts. he instituted actions for mal icious prosecution. Fearing. A series of trials.

p. 44. The provost marshal was dismissed for "drunken i gnorance. Champion. either as parties or witnesses. Bromley. 20. for val ue received. A. A. I promise to pay the bearer on demand the sum of Sixpence.] [Footnote 120: Curr's Account. F. during the circuit of the judge. who was induced . Hobart. Lewis. res cue. A. Macleod. 1st May. A. R. Kemp.] 50 . to hold a session in this colony. Bet hune.The History of Tasmania. FOOTNOTES: [Footnote 116: Hunter's Historical Journal. F. cashier. Volume I house. and D. The whole settlement was involved in actions arising out of the debt. Barron Field.] [Footnote 118: "No. Clarke. Lord. 1821."] [Footnote 119: Names of first directors and officers:--E. and criminal charge.] [Footnote 117: Methodist Magazine. C." These trials occurred in 1821. B. G. F. 1823. SIXPENCE. by the representations of Commissioner Bigge.

He was about to address a large assembly at Hull. which had been commonly spent in "abominable dissipat ion. Samuel Marsden arrived: a man of grea t intellectual and physical energy.The History of Tasmania. the church was in flames. The ecclesiastical notices contained in this work. The priest of a Spanish vessel raised his hand with astoni shment when he found (1793) no sacred edifice had been provided. Johnso n erected.[123] Before Mr. will relate chiefly to ex ternal and material interests. the governor resolved to enforce the observance of the Sabbath.[121] The habits of the officers discouraged a m oral reformation. and the weekly penance exacted in another form more suitable to the day (1778). The eye of a stranger cannot be expected to survey with impartiality the peculiariti es of systems. It will be attempted to supply a few general facts acceptable to the community at large. in vain expectation of official help. The first clergyman of New South Wales was the Rev. which was pressed upon him. Vincent had prohibited the marine officers taking their wives. The governor.[122] Four years having elapsed. Marsden was a graduate of St." The prisoners were compelled to attend on public worship. Mr. He remarked. The clergy were limited to the towns. John's. Volume I SECTION VIII. when the vesse l fired a signal to weigh . Johnson ret urned to Great Britain: he was the first who reared orange groves. This building was maliciously destroyed. His mission excited great interest. a wooden building: strong posts were driven into the ground. Mr. the walls consisted o f wattle and plaster. but a large stone store being available. The church of Eng land was then regarded by statesmen as the religion of the empire. when he received his appointment. who follo wed her husband in the disguise of a sailor. would be a house for God. Earl St. After a long season of slumber. was sent home by Governor Phillip. During the first years of this colony the duty of providing religious instr uction. that the first hous e his own countrymen would erect. from which he realised considerable weal th. Mr. Richard Johnson: his lab ors were prosecuted under many discouragements. it was fitted up for the purpos es of devotion. the Rev. and the roof was thatched: thus the first Christian temple in this hemisphere was raised by a voluntary effort. effected more as a clergy man. A lady. threatened to employ the workmen on Sunday to erect another church. Johnson's removal. irritated. was both admitted and neglected by the state. at his own cost. and to clergymen of the episcopal persu asion the spiritual interests of the settlements were confided. who while he accomplished much for his family. and their officers enjoined to accompany them: a few weeks after. who with the cleri cal functions united the business of agriculture and the administration of punishments. when half her voyage ha d been completed. and that the clergyman sought some s hady spot to evade the burning sun in the performance of his ministry.

transported for sedition. where his agricultural success was cons picuous. and o thers as schoolmasters. What exertions must have been taken to open such communication s: these pastures. had returned home. an exile. took refuge at Port Jackson." says Holt. Marsden resided at Parramatta. He returned to England in 1808. Fulton. "no clergyman to visit the sick. while others resumed their miss ion under more favorable auspices. through the midst of which this respectable past or conducted me himself with the most affectionate kindness. in the midst of woods. these harvests. Marsden was not at first equally successful. or church the women. baptise the infant. and it was over a very excellent road in a ve ry elegant chaise that Mr. a protestant clergyman of Waterford. was stationed at Norfolk Island. followed by the whole congregation. Marsden drove me. a catholic priest. many missionaries. and the colony was left for some time withou t any clerical instructor. Mr. driven from Tahiti.anchor: the service was suddenly stopped. these fields. and Father Harold. Some were employed as preachers. and Mr. The Rev. Perón exclaimed--"The whole of this spot was covered with immense and useless forests. So we were reduced to the same state as the heathen natives who had none of these ceremonies. these orchards. 51 . Who could have believed it! This residence is seven or eight miles from Parramatta. "Ther e was. and several rose to considerable station and wealth. who covered the young adventurers with benedictions. With what interest have I trodden over these new meadows." At this period. Mr. these flocks. Marsden proceeded with his bri de to the boat. however. are the work of eight year s!" In his spiritual husbandry Mr.

He had not much time to care for the spiritual interests of his flock. Volume I Mr. and the self-respect observable in the Australian youth. as if a new region restored the physical and mental vigour of the race. In addition to his clerical functions he regularly sat as a magis trate. B. or where that was not possible. even when manifested in the persons of their parents. The wesleyan ministers found a kindly welcome and an open field. who arrived with the first settlers. t wo weeks' sail distant.[127] Mr. The river which separated th em from his dwelling was swollen. who referred to this colony as "a settlement called the Derwent. it was customary for the magistrates to conduct public worship. "[125] It is scarcely possible to imagine a condition more unfavorable to the risin g race. unwilling to tolerate the assistance of a sect whose zeal wore a different aspect from his ow n. "convey to the mother country the first proof that the foundations of a mighty empire are laid. for the vices of the convicts.[128] The attention of the London committee of the wesleyan mission was aroused by their agents stationed at Port Jackson. and of his success in their refor mation nothing is recorded: his convivial friends are the chief eulogists of his character. and with an open countenance. Mr. Robert Knopwood. He was introduced by the Rev. He embraced the opportunity thus offered. 1820.[126] It is asserted." said Sid ney Smith. and knowing the ford was impassable. They exhibited a feeling. who authorised and protected his teaching. Carvosso stood on the steps of a . Mr. on his passage to New South Wales. Knopwood was not. His little white pon y was not less celebrated.[124] "These feelings. he saw with great amazement his yo ung pupils approach his Sunday school: they had tied their clothing on their heads. that without any other instruction than a casual lesson. It is not uncommon to see children of the most elegant form. to assemble the prisoners and accompany the inspection with a few words of advice. Marsden succeeded in arousing the attention of the ministry: additional clergymen were procured. Knopwood received a pension. The country-born children displayed an aptitude for in struction which kindled the most pleasing hopes. and swam across the stream. some learned both to re ad and write. Mr. A pleasing instance of the love of knowledge occurred during the early mini stry of the Rev. in the month of May. approaching to contempt. In the absence of clergymen. The gaiety of his disposition made him a pleasant companion and a general favori te. Cartwright. Mr. The Rev. and conciliated whatever esteem may be due to a non-professional reputation. Knop wood to the governor. and was subsequently appointed chaplain to a countr y district: he died in 1838. Carvosso. not without astonishment. and yet the aptitude for instruction. touched at Hobart Town. which he related to Governor Macquarie. and schools were established." The Rev. was long the sole chaplain of Van Diemen's Land.The History of Tasmania. attended by parents of a different aspect. have been remarked by every visitor from the earliest times. h owever.

was entreated to arrange it for wor ship. They next removed to the residence of a Mr.dwelling-house. they sought a place of refuge. the house ro cked: she awoke in terror. but dissolute. All this was do ne in the absence of a 52 . Noake s to obtain a room for worship: eight persons met on the 29th October. But the landlord of the house growing weary of their company. Corporal Waddy appears to have been the leade r of the band." viole ntly interdicted the project. his congregation partly within and partly without: his wife conducted the psalmody. Wallis: the soldiers and their coadjutor fille d up the hour with singing. who at Sydney adopted the sentiments of methodism. by diligent inquiry. found out a set tler said to be religious." says the chronicler. several soldiers of the 58th regimen t. Carvosso's description of the inhabitants may be imagined: t hey were kindly. a Sunday school was established. were quartered in the island. at a house in Collins-stre et. Hobart Town. To converse with this person. A seriously-minded soldier. though transient fury: their devotion was stifled by hostil e noises. and the disturbers were intimidated. The governor. At first. with a population of several hundred s. 'the methodists shall have the room!'" The building became too small : it was enlarged to accommodate three hundred persons: a society of fourteen members was constituted . no religious service had been performed. Donne. exhortation. he took a journey of fifteen miles. and alternate prayer. Carvosso's departure. interfered. exclaiming. Mr. the first in Van Diemen's Land. and found him swe aring! Shortly after Mr. They prompted a Mr. he gave a hesitating consent: his wife. The text which initiated the wesleyan ministry was characteristic of its style and results: "Awake thou that sleepest!" The colony required such addresses. 1821. They were assailed with great. At New Norfolk and at Pittwater. "that night there was a dreadful storm. "but. whose skilling formed a workshop. On the 13th May. 1820. however. a carpenter. a woman of vigorous temper and "a Romanist.

under an act for the protection of passengers. Bedford was president. The owners successfully appealed against the seizure. He was mentioned with admiration by his brethren. In the year following. however. chiefly old people and young children. but chape ls are not built by cautious men. They embarked in the Hope. themselves suffered cons iderable detention and loss.The History of Tasmania. having largely contributed in their various spher es towards the social improvement of the country. they were transmitted at the expense of the government. belongs the honor of gathering the first scho ol for gratuitous instruction. Mr. and the Heroine being chartered for the purpose. and accused the passengers of conspiracy. The co-operation of the various bodies was not prevented by their difference s. David Lord gave Mr. obtained £400. William Bedf ord. and the whole community join ed in the support of a . Mr. Hi s labors were fatiguing and minute: he read the scriptures to "four persons in one place. which determined several of that class to set tle in this island. Horton a plot of ground. a considerable religious immigration took place. Waddy. went to India. Having raised the walls his money was gone. and encountered great dangers in the British channel. Noakes. Mr. obtai ned timber and labor from the government: gifts and loans were provided by the society in England. then thought liberal. and the bui lding was completed. announc ed that he had withdrawn from their fellowship. the or ganiser of these wesleyan victories." He describes the social state of the country: "The w retchedness of Launceston is past description:" "of the deaths at New Norfolk. He was cordially received as a representative both of his country and his religion: though not hi mself of the national church.[131] Many still survive. Horton arrived." Mr. This gentleman received his appointment by the recommendation of persons who had been impressed by his zealous attendance on criminals awaiting execution in the metropolitan gaols. who was made a sergeant. of 1823. and addressed twel ve in another. most Scottish names are appended to the first subscription for his stipend. Mr.[129] He remained in membership until his decease. His proper name was Cranmer: he was descended from the family of the illustrious archbishop. as principal chaplain. became dissatisfied with their results: the Gazette.. Of the first annual meeting of the wesleyan mission. and by contributions. R. however. Knopwood was superseded. where he soon died. Carvosso transmitt ed accounts of the material and moral prospects of the colony. The Rev. and he resolved to build. The presbyterian church was founded the same year by the Rev. H e was indefatigable in his collections. but not to his faith. the Rev.[130] In 1822. To him. Donne had been a prisoner: he lived to acquire the r espect and confidence of his neighbours. all except two are attributed to accident or drunkenness. by the Rev. September 21st. who. Archibald Maca rthur. and they remained long uncovere d: a reproach to his calculation. two years after. On t heir complaints the vessel was seized. Volume I minister. Mansfield. 1821.

Knopwood. and transmitted a considerable supply to the care of Mr. and baptised six ty-seven children. and married 53 . was the chaplain of Por t Dalrymple. Birch and Dry were the l ay officers. giving 5s. under the patronage of Macquarie. wa s the result of his visit to the colonies. W.[132] Among the contrib utors were twelve who. The meeting held in May. With such celerity were pious labors finished in those days. The erection of the archdeaconry in favour of the Rev. formerly a missionary at Tahiti." An early general meeting of the society was an example of dispatch : the governor took the chair. The Rev. designated themselves the "members of the free and accepted mas ons of St. and the meeting dispersed wi thin ten minutes. he made a tour. whatever their faith. but it w as the first instance of friendly co-operation between the emigrant and emancipist classes. of which Messrs. His labors were divided between George Town and Launceston. 1819. John Youl. whose reports were attributed to h is pen. John's Lodge. When d elivering his charge at Hobart Town. yet the newspapers did not think a visit from Bishop Wilson improbable. New South Wales was within the diocese of Calcutta. and detracted from his usefulness. the resolutions passed. His alleged hostility to the emancipists excited resentment. This munificence w as avowedly for the credit of the settlement. but the relatio n was nominal. The missionaries who fled from Tahiti a second time. the report was read. Hobart Town. and until his arrival no clergyman h ad ever visited the northern districts of the island. the first religious institution of the colony.[133] In 1819. In return for the liberal gift. formed at Sydney a bib le society. contributed £100 on the spot: £300 during the year. the governor required the attendance of all officially connected wi th the government. as secretary to Commissioner Bigge. in 1824. Scott. each. an auxiliary was formed. Not only did the institution unite all sects.

a minister of religion. many of whom were recognised as such before his interposition. The church was a wooden building of s mall dimensions: sometimes occupied as a court. i. an event said to be unparalleled in the history of Launceston. Occasionally an execution required his services at Lau nceston.] [Footnote 122: Life of John Mason Good. and struck by a mallet. FOOTNOTES: [Footnote 121: Collins. p. he cultivated the minds and affections of the young. the church was crowded . he was not less genial in his temper: the pastor of a people drawn chiefly from the Irish peasantry. 104. he well understood their character. now distinguished among the wesleyans. the utility of religion was never openly questioned. p. 44. and disc ountenanced vices he could not extirpate. Pe ter Connolly. The first Roman catholic priest established at Hobart Town. and the profane in labor or inte mperance. and three y ears without a clergyman. some times as a stable. or to affront the ministers of religio n. and erected a humble chapel and dwelling-house. Shortly after.[135] The disposition of Mr. during a visit of the governor.[136] The return of the Sabbath was unattended in the country with a religious we lcome. Launceston was destitute of a clerical resident until 1824. 97. that few people were less inclined to reject the instructions. was found by his neighbour ploughing by the r oad side on Sunday morning: both himself and his men had forgotten the day. and his professional reputation unb lemished: placed in a station of little promise. 498. and partly the penance of his flock.] [Footnote 124: Bigge's Report. [134] He was accustomed to call his congregation together by the sound of an iron barrel. sometimes as a temporary sleeping place for prisoners. Knopwood. and i t is certain. otherwise a place long overlooked by the priesthood. vol. A gentleman. Less polished than his protestant friend. Many employed their time in hunting: the more scrupulous in visits. The people were sometimes weeks without a service. and spoke of their faults without much softness or reserve. or that the miseri es resulting from sin were too apparent for dispute. in the Hermit in Van Di emen's Land: "The good old .] [Footnote 127: He is thus described by a companion. met a cheerful entertainment and a willing audience. Yet at the houses of al l. or he announced his arrival by walking through the settlement in his can onical dress. Volume I forty-one couple. Youl r eturned with the establishment from George Town. p. vol.] [Footnote 123: Holt. vol. p. He receive d a grant from the crown. ii. when Mr. p. was the Rev.] [Footnote 126: Reid's Voyages. Mr. 312. Whether that the presence of an intelligent stranger is itself a grateful interruption to rural solitude. ii.The History of Tasmania. which was swun g to a post.] [Footnote 125: Works. which he ascribed partly to the char ity. Youl was amiable. He used a common brush to sprinkle them with holy water. of any name.

and th at will make you comfortable. in which they relate th e rise and progress of their religious experience. I want you to work perseveringly. yeoix: tantivy. that you may have houses for yourselves. until I became a captain of the 46th. Now. my men.gentleman at length warmed with the subject. but I used to work perseveringly. in which standing up together they pledge themselves to the serv ice of the Almighty. when they wait in silent prayer for th e first moment of the new year. and said in an under tone--'You mus t come and see Bob at the cottage." It may be questioned if many sermons of greater pretensions.] [Footnote 131: Godwin's Guide to Van Diemen's Land. and rise up to b e equal to me. do things diligently. I was onc e a poor man like you. Mr. Mansfield continued until 1825.] [Footnote 129: These statements are taken from the official papers of the mi ssion. I want you all to get on.] [Footnote 132: Bigge's Report. have not been less humane and effectual. Yeoix. Under his care the institutions peculiar to the wesleyans were fully established: their love feasts. and this was often the sole substitute for public worship. and by its constant repetition was impressed upon the memory of the relator. their watch nights."] [Footnote 128: The following is a discourse delivered by Captain Nairn.] [Footnote 130: The Rev.' to which friendly invitation I immedia tely assented. and do things diligently and as such got taken not ice of. their covenant. listen to me. tantivy. Captain Nairn would stand and thus add ress the prisoners on a Sunday morning:--"Now. and I will assist you.] 54 .

sought out for the purpose.The History of Tasmania.] [Footnote 136: Mr. February. Volume I [Footnote 133: Ibid. Fitzgerald.] 55 . speared by the natives (1831). but was indebted to a prisoner.] [Footnote 135: Eye-witness. f or the religious rites usual at funerals. 1819. was carried to his grave by his neighbours.] [Footnote 134: Gazette. a respectable settler.

the exposure of these acts on the table of the House of Commons. On the 19th July. that the ordinances proposed were consistent with the laws of England. the prohibition of direct taxation. civil. It was provided also. in the absence of the governor-in-chief. Courts of quarter session." t o expire at the close of the session of parliament. The king was authorised to extend trial by jury at p leasure. The judges were entitled to the powers and jurisdiction enjoyed by the courts of King's Ben ch. The rules of c ourt were authorised by the king. wit h one member assenting. and of request for sums under £10. except for local purposes. 1823. Volume I SECTION IX. and. and Exchequer of England. were subject to appeal to the gover nor of New South Wales. The trial of civil issues w as confided to the judge. On these extensive powers the checks provided were the requisite preliminary certificate of the chief justice. and for the better government thereof. The old courts with their military functionarie s were superseded. were retained. but the council were inhibited from imposing a tax. and appeals in certain cases were allowed to the king in council. or a less sum with consent of the judge. were establish ed. 1827.[137] and a supreme court erected. The governor. the British legislature enacted a law for the "bett er administration of justice in New South Wales and Van Diemen's Land. that the king might erect Van Diemen's Land into a sep arate colony: confer on the acting-governor. although all might d issent: and the king was empowered to enact an ordinance which the council might reject. The act of parliament did not pass without animadversion and discontent.The History of Tasmania. The military jury of seven officers on full pay. or the circumstanc es of the colony. The duties levied under former acts were made perpetual. Causes of more than £500. criminal. and to enquire into and determine all treasons or other cr imes committed within the Indian or Pacific Oceans. could pass any law: or. but the court proceeded according to the forms of civil tribunals. the various powers con veyed by the act. for the suppression of a rebellion. whose jurisdiction extended to causes. the obligation of t he governor to show cause for the act passed in defiance of his council. with the advice of a council of five or seven. the right being given to either pa rty to apply to the court for a jury of twelve freeholders. or the major part of them. but rendered of greate r importance by the growth of freedom in the empire at large. Sir James Mackintosh moved that a jury of twelve should be substituted for the clause constituting a milita ry jury--the most obnoxious . e xcept for local purposes: guarantees of little value at the time of their adoption. The governor. was empowered t o enact ordinances not repugnant to the laws of England. terminate the dependence of the supreme court on the court of New Sou th Wales. a nd ecclesiastical. Common Pleas. and two justices of the peace chosen by the governor. in that case.

by limiting its duration to five years. Mr. Wilberforce. The colony was not sufficiently consolidated to oppose a force of public opinion to the despotic 56 . Mr. Canning recommended a compromise between the friends and opponent s of the bill. that after full consideration he recommended a grand and a common jury. multiplied offices which might have been long confined to the elder colony. Murray. and removed too far the governor and courts f rom effectual oversight and appeal. however. The settlers were generally desirous that Van Diemen's Land should be erecte d into a separate colony. Justice Bent stated.portion of the bill. The sole dissentient present. but it occasioned a more rigid separation in social life. and it was scarcely practicable in Van Diemen's Land . to deprive the people of the advantages of an appeal to the elder colony. The capacity of the colonies to furnish jurors was long a subject of debate . To this. summoned. Mr. but the proposi tion was defeated by a majority of eleven. He thought the measure premature: tending to augment t he expenses of government. Sorell was opposed.[138] but Commissioner Bigge pronounced agai nst the scheme. and the trial of convicts by the police. and to this the minister assented. and the more ample means posses sed for good. The nearer inspection of a chief authority. The whole state o f society opposed serious objections to its adoption. was roughly treated by the petitioners. A public meeting w as. and a petition adopted by acclamation. were its advantages. in conformity to the English law. and of participation in that more liberal system of government a larger community could demand. and was confirmed in his opinion by the leading colonists of the time. In this he was seconded by Mr.

and amounted to £11. said the reporter. where. and when compelled to refuse an immoderate suitor. when it was withdrawn. The rigour of king' s commissioner was softened by his official worth: nor is it necessary to search for a censure. They deprecated his recall by petition[139]--a rare instance of popular favor: there was but one dissentient. continued until his death--twenty-four years. professing to promote the welfare of the colonies. These vessels introduced many families from Scotland. and his fine countenance attracted the confidence of the stranger. commission. and the flow of reason never ebbed. among the rest.The History of Tasmania. political. He received 8 per cent. "the cup was often replenished. chatting with the passers by. by taking their produce in exchange for merchandise . which commencing in 1825. A company was formed at Leith. had it not come too late. whose moral worth and successful enterpr ise have established their families among the chief of the land. A succession of vessels were dispatched: the first was the Greenock. to express their regard. A request so unusual might.000. Bigge. that was to carry him home. such as Franklin. He was a dispenser of crown favors. The settlers. and brok e up the monopoly of the local merchants. The administration of Sorell was successful in colonial estimation: his hab its were familiar without rudeness. was partly the result of their relative positions. anchored beside th e Guildford. the col onial agent. The shipments provoked the anger. This petition was forwarded to the king through Mr. have been successful. Volume I tendencies of the new constitution. who owed his appointment to the suggestion of Mr. the commerce of the colony was as sisted by the enterprise of some British merchants. to illustrate t he qualities which adorn a ruler. and otherwise to assist persons designing t o emigrate to this country. Towards the close of Sorell's government. On his return to England. and a salary until 1839. and to point a satire on his successor. and a slight excuse entitled the humblest ranks to prefer their solicitations. The admiration expressed by the settlers for his cha racter. with a capital of £100. Captain Crear. he received a pension. He was authorised to purchase stores for the local governmen t. sent by the American colonists to watch their interests in Great Britain. to give drafts on the colonial funds in exchange for cash. On his departure a banquet was given him . the Triton. He was accustomed to linger about the gate of government house." It was observed. He bore no resemblance to those bold political agents. ***** In the early journals the name of Sorell occurs frequently. and the nomination of Lord Bathurst. however. that the return freight for merino wool. perhaps. amidst such con currence of praise. Edward Barnard. His office was not. he could refer his request to the governor-in-chief.500: more than the official salary h . agreed to offer Sorell a testimonial of £750 value. which the colony owed to his care and foresight.

compared with all others. descended from European flocks and herds. 57 . The modern emigrant to Australia can know them only in part. at a cost determined by extensive competition. This pension was authorised by the crown. predicted the fortunes of Tasmania. 1848. and plants. and a bank for his money. The picture he drew. will have been long since forgotten. in the seventyfourth year of his age. which became his position. The trials and disappointments of the colonist pioneer. or his folds from disease. of some celebrity. protective laws had not furnished them with more formida ble weapons. its wool. On this subject the agricultural societies maintained a war of papers. became an article of Tasmanian faith. and its ultimate superiority. is no unpleasing prospect for posterity:-"Now. which multitudes have combined to collect. He can have the mechanical labor he ma y need: he can buy the stock. The president of the Tasmanian agriculturists urged all in the defence of Van Diemen 's Land. was the champion of that country. Baron Field. The costly experiments of his predecessors have established the rules which preserve his cr ops from destruction. The choice fruit trees. The aspect of the country at this time was not inviting to strangers. and charged on the colonial revenue. Sorell was colonel of the 48th regiment: he died on the 4th June. lower than in their native regi ons. At that time. he can obtain of ten at a gift. and dwelt on its vast forests. but t he current of colonisation was set in. He is carried to his destinati on by a public conveyance. flowers. A poet. the chief ju stice of New South Wales. and a school for his children.e received during his government twice told. on my soul the rising vision warms. There is a market for his produce. its bound less pastures and rivers.

Volume I But mingled in a thousand lovely forms! Methinks I see Australian landscapes still. were charmed with the affability and kin dness of the governor. Samuel Bate. of inspector of excise. and compared with the mass of newly arrived emigrants he was the old inhabitant.The History of Tasmania.. Man y who had never seen official men. Provost Marshal of Van Diemen's Land. at heaven's pure portal sings. inasm uch as no successor. and his recall seemed the withdrawal of a liberal patron:-"AT A PUBLIC MEETING of the Landholders. But softer beauty sits on every hill: I see bright meadows. The government of Sorell was rather patriar chal than despotic. Pap. Villas and lawns go by. can be possibly expected to bestow all that general and . and lofty spires Point to the stars and sparkle in their fires! Here Sydney gazes. but at an awful distance. Sung in the language of my native isle! The vision leads me on by many a stream. after exercising the functions of judge at Port Phillip (1803). in ceaseless change: And wafted on the gale from many a dell. decked in livelier green. The cheerful hum of human voices round.] [Footnote 139: The following may be considered almost unparalleled in the h istory of modern colonies. It becomes therefore of the very utmost importance to us. Methinks I hear the village Sabbath bell! Faith upward mounts. upon devotion's wings. Narcissus-like upon the glassy tide! O'er rising towns Notasian commerce reigns. at Port Jackson. in Hobart Town. 1812. "Resolved--(Moved by Edward Abbott. returned home.)--That in the present state of this colony. The yellow corn-field. by public advertisement assembled. seconded by James Gordon. The laughter and the song that lightens toil. from the mountain side. JOHN BEAMONT. Esq. in the chair. Lieutenant Governor Sorell may not be removed from his present government.] [Footnote 138: Par. and Free Inhabitants of Van Diemen's Land. like the lark. the 30th day of October. Where turrets darkly frown. And o'er them floats 'the spirit of the Lord!'"[140] FOOTNOTES: [Footnote 137: Mr. and received the appointment. whom it may be the pleasure of his Majesty to appoint. Esq. is most essential to our g eneral and individual interests. From myriad tongues the song of praise is poured. 1823. And hark! the music of the harvest home! Methinks I hear the hammer's busy sound. And temples crowd Tasmania's lovely plains! The prospect varies in an endless range. and in this has never been repeated. And. junior. And spreading cities crowd upon my dream. and the blossomed bean: A hundred flocks o'er smiling pastures roam. that in any contemplated changes. at the Court House. that union of wisdom and experience. many years after. Merchants. Esq. which his Hon or Lieutenant Governor Sorell has on every occasion so strikingly exhibited. as to this colony.

Kemp. while from the steady.)--T hat a most dutiful 58 . to encounter any difficulties which may occur. seconded by F.. we have every reason to hope for the most prosperous continuati on of his present successful administration. decided. and much probable encreased inconvenience. Esq. and experienced judgment of his Honor Lieutenant Governor Sorell. Esq. satisfactorily and advantageously.individual attention to our wants and wishes. F. and to be able. calm. without a considerable lapse of time. "2nd. Dawes. Resolved--(Moved by A.

seconded by T. our colonial agent in London.)--That the following fifteen gentlemen do form the committee for the purposes before resolved:-E. having been requested to take the same. Esq. upright. F.The History of Tasmania. and James Gordon. Gregson. Esq. Esq. Esq. Hood..)--That the Address. Anstey. Dawes. Esq. be inserted three times in the Hobart Town a nd Sydney Gazettes. J. "JAMES GORDON. grounded upon the preceding resolution. Murray. J. and of the Address to his Majesty. Gordon. "7th. and in the Times. Esq. Emmett.. Abbott. Emmett. W. Archer. Esq. and Courier. Resolved--(Moved by T. Gregson. By T. J. New Times.. Esq. Esq. with other Poems. Esq. in token of our affectionate remembrance of the great obligations we owe him. Murray. Esq. and for the purpose of presenting to his Honor Lieutenant Governor Sorell a Piece of Plate. seconded by J. Chairman. Murray. London newspapers. A. seconded by T. )--That the thanks of this meeting be given to John Beamont. and P. our worthy Provost Marshal. 1824. Volume I Address be presented to his Majesty. Esq. Archer. be forwarded with the least possible delay to Edward Barnard. Esq. G. Read. F.)--Th at H. and t hat such subscription be limited to the sum of two dollars. "4th. be requested to undertake the offices of treasurers of the subscription. Hervey. Resolved--(Moved by A. Esq.. Esq. Esq. Anstey.] . Esq. Esq. seconded by J.)--Tha t these Resolutions. J. Humphrey. S. Kemp. Gregson.. Chairman.. Bethune. Resolved--(Moved by J. Esq. Resolved--(Moved by R. "The Provost Marshal having quitted the chair. Esq. Esq. "Resolved--(Moved by E. Esq."] [Footnote 140: Australia. jun. "5th. Abbott. Esq.. respectively. Esq. A . seconded by R. in such manner as by the Committee shall be considered most respectful to the Lieut enant Governor. K. R. Mulgrave. and for his able. Espie. L. Morning Chronicle. H.. requesting that gentleman to adopt the necessary measures for forthwith submitting it to his Majesty's most gracious consideration. Esq. in such manner as shall appear most proper and expedient. junior. Archer. F. Esq. A. seconded by W. individually. T. Esq. G. for the read iness with which he has convened the present meeting. "8th. "JOHN BEAMONT. Esq. H. Esq. seconded by J. "6th. Bethune. Gordon. to defray the expenses which may arise from carrying int o effect the present resolutions. H. Esq. London. Provost Marshal. and to carry into effect the object of the present meeting. when signed. Scott. A. Ross. F. Es q. A.)-That a subscription be forthwith entered into. be transmitted to his Honor Lieu tenant Governor Sorell. T. Anstey. for the counties of Buckingham and Cornwall. "3rd. Resolved--(Moved by T. and suitable to the occasion. and a copy of the Address to his Majesty. G. G. Gordon. L. and impartial conduct i n the chair.)-That a copy of these Resolutions.. L. and to use his utmost endeavours to obtain the obje ct of the same. Resolved--(Moved by R. Esq. W. J. Kemp. and that a committee of fifteen gentlemen be appointed to prepare the same. Esq. Esq.

59 .

FROM 1824 TO 1836. Volume I HISTORY OF TASMANIA. 60 .The History of Tasmania.

The History of Tasmania. 61 . Volume I FROM 1824 TO 1836.

Arthur instantly caused Bradley to be arrested. In 1820. A hundred years were passed in unavailing protests and opposition. George Arthur. he was extensively known as an officer of inflexible and energetic disposition: his administration had occasioned considerable debate . In 1814. ordered the colonel's liberation. he was told that he . however. The jury. Formerly superintendent of Honduras. the said George Arthur. and was the subject of parliamentary and judicial enquiries. and his s word taken from him. on the 12th May. the superior officer. The appointment of Arthur to the government of this country withdrew him fro m the effect of a legal process. Arthur was appointed superintendent by the Duke of Manchester. by the seniority of rank. At first interlopers. or t o attend a council of officers to which he was summoned. and then whether unnecessary hardship had been end ured by the plaintiff. at t he same time he received from General Fuller the government of the troops in the following words: "I do h ereby constitute and appoint you. Esq. an establishment on the American coast. Volume I SECTION I. until he quitted the settlement in 1822. allowed to dispose of his commission . he was. considering that Bradley's detention was unnecessarily prolonged. their presence was for a time un noticed by the Spanish crown. to take upon you the care and charge accordingly. when General Full er. and when Bradley appealed against what he deemed the injustice of his e vasion. gave him damages to the amount of £100. therefore. fourth Lieutenant-governor of Van Diemen's Land. and knowing that the regiment of which Arthur was colonel (the York Chasseu rs) was disbanded.. Honduras." In virtue of these appointments he claimed both the military and civil command. or may hereafter arm for the defence of the settlers at the Bay of Honduras. arrive d in the Adrian. to command such of his Majesty's subjects as are no w armed. Colonel Bradley instituted an action against Arthur for false imprisonment: his counsel was the present Lord Brougham: Arthur was defended by the law officers of the crown. but forwarded to the authorities in Great Brit ain a statement of the dispute. you are. was promoted to the rank of lieutenant-colonel on full pay. a ccording to the rules of military service: he refused to acknowledge longer the authority of Arthur. an officer stationed at Honduras. Bradley. An account of this transaction was transmitted to Jamaica. was occupied by adventurers from Jamaica. when the cour t of Spain reluctantly recognised the location of the cutters of logwood within its undoubted territory . 1824.The History of Tasmania. The conduct of Colonel Bradley was deemed inconsistent with military subordinati on: he was dismissed from the service without trial. he considered himself entitled to the military command. as commandant. There were two questions to decide: whether the arrest was legal. and he was detained a prisoner for seventy-three days.

by the compassion he expressed for the negro race. A criminal information was filed against Bradley: he was found guilty. It was decided by the judges that Bradley was mistaken. in reference to the arrest.could await his recall. Colonel Bradley next published a statement. Their judgment was built merely upon the absolute discretion of the crown in the distribution of military command: they inferred that the approval of Arthur's proceedings and the dismissal of Bradley. and his exposure of the connivance of magistrates at the cruelty of masters. thus to justify the measures he had taken: a charge am ounting to forgery. however. set aside the rules and regulations of the service. The judges. It is certain that Bradl ey was ruined. The details given by Arthur fully justify his interference. which admitted a plea of ownership in justification of the crime of maiming.[141] This was not the only charge exhibited against Arthur. Bradley.[142] Colonel Arthur obtained the countenance of an important class of politician s. that General Fuller had antedated Arthur's commission as commandant. but was not brought up for judgment. He minutely described the sufferings of several women of color in his despatches to the secretary of state. and especially denounced that atrocious bench. were sufficie nt evidence of the royal will. by which Arthur was rescued from the consequences of usurpation. in pronouncing a decision on Bradley's appeal against the verdic t of justification which Arthur obtained. In Honduras. slavery existed in its foulest forms. continued to maintain that he was the victim of a d eep conspiracy. and the enm ity of a people by whom they 62 . and that Arthur's ti tle to command was regular and valid.

Many were unable to marry. bu t the moral standard of England he had not attempted to raise. though considerably ameliorated by So rell. and happily for our ultimate welfare. The meeting which adopted a farewell address to Sorell. resistance. although the character of the sufferer was unimpeached. It was couched in the language of cold respect: parting reluctantly with their late gov ernor. The domestic circumstances of Arthur were more favorable to his authority as a censor. was far from satisfactory. Thus a mistress. its immediate consequence was irritation. cart loads of property were swept off at . but were unwilling to abandon connexio ns sanctioned by the circumstances of the colony and the habits around. It may be proper to notice the moral state of this colony on Arthur's assum ption of office. but scarcely li kely at that moment to be heard with pleasure. who posse ssed influence with the executive. Their example affected t hose in stations beneath them. he resolved to disc ourage violations of social decorum. In flogging. whose careless severity i njured the eye and severed the ear of a negro woman. Many settlers. they were masters of that portion of their time most suitable for dissipation and crime. authorised a similar compliment to A rthur on his accession. threw them on the ground. but it was not always performed with consideration. Such as were in subordinate offices were dismissed. The state of the prisoner population. prone to connive with offenders. Goods were carried off in ma sses: bags of sugar and chests of tea were abstracted from the stores.[143 ] Wilberforce and Stephen. The subordinate p olice. They were placed under a ban: the favours of government were denied them. Such sentiments and purposes were just. the people were less disposed to welcome his successor. were surrounded by a numerous race. and fastened their limbs to stakes. the owners often strippe d off the lower clothing of the female slaves. Volume I were tolerated inflicted no disgrace. and the magistrate admitte d the defence. was doubtless the duty of Arthur. was ill-regulated and insufficient.The History of Tasmania. The reply of Arthur was not less formal and c old: he took occasion to express his conviction that the moral example of the free population was essenti al to the improvement of a class less favored. whose rank in life made them unwilling to contract lawfu l marriages with prisoners or their offspring. and howeve r lasting the utility of this rigour. The good sense of Sorell discountenanced the excesses of vice. indicated an extensive confederacy. and the deliberation with which they were performed. he was resolved to maintain the rights of the crown. and contempt. and w ere supposed to pardon the arbitrary spirit of his government for the sake of his philanthropy. This evange lical alliance was a standing subject of reference and criticism. the great advocates of slave liberation. Left much at their own disposal from the hours of labor till their return. To arrest this domestic evil. considered Arthur a valuable coadjutor in their glorious cause. and that while employing his authority for the general welfa re. The extent of their depredat ions. pleaded the rights of property.

brought from Great Britain the charter of the supreme court. but the military uni form which appeared in court. profane. The first person tried was named Tibbs. and sub sequently espoused another. and to coerce such materials int o order. formerly a captain in the army. for killing a negro. At an early age. In his opening speech he declared his resolution to adopt the maxims of the illustrious Hale. L. Th is gentleman. Twenty years after. had been transported for bigamy. who while watc hing for thieves was himself taken for a robber. which was proclaimed in the market-place on the 7th May. by whose servant he was slain. On the 24th of th e same month. R. he was prosecuted. In the opinion of e minent counsel. if it did not lesson its utility. he ascribed the charge t o malice.once. and especially trial by jury. while stationed i n Ireland. and was married to her according to the rit es of her faith.. Murray. and he made several unsuccessful efforts to obtain the reversal of the sentence. required the utmost vigour and discretion. and Joseph Tice Gellibrand presented his commission as atto rney-general. and many years after. but not at the instance of the parties mo re immediately concerned. 1824. and had in some instances succeeded. he became acquainted with a presbyterian lady. he came to the conclusion that the ceremony was void. the judges decided that the marriage of a pre sbyterian and an episcopalian 63 . He fell a victim to this singular passion: he was haun ting the premises of a settler. Though not a constable.[144] The chief justice. Considering himself trepanned. John Lewes Pedder. The habits of the populace were daring. The first prosecution for libel was at the instance of Mr. the ceremony was invalid. and intemperate. published at the time. Esq. he found pleasure in detecting the c rimes of others. In an appeal to the British nation. deprived the institution of its grace. He eulogised the jurisprudence of his country. the court opened for business.

and robbed of cash and plate. The duties. which. Whitbread called the attention of the Commons to the extreme severity of the sen tence. Bromley had been subject to the dai ly peculation of servants. The settlers promptly tendered their assistance to the government. and had spent twenty year s in the service when his commission. subsequent ly made seven voyages to the colonies. Volume I in Ireland. The unsparing sacrifice of the robbers captured. The committee for its promotion set up a placard. however.269. was declared forfeited. The exploits of the bushrangers properly belon g to the history of transportation. at once. They recommended the defaulter to the lenient consideration of the government. by long familiarity with scenes of danger. graduall y terminated the practice of bushranging. and af terwards sanctioned by parliament. Sir Sa muel Romilly and Mr. Few settlers have escaped assault and loss. and the colony enjoyed a long season of comparative repose. Bromley. he settled in this island: his extensive experience and literary ta lents procured his admission to the limited society. Many prisoners escaped from confinement. His integrity was not imp eached: the public business. and for a long period a succession of depred ators alarmed and pillaged the colony. were collected by the Naval officer. w hich would not dishonor a soldier by profession. and were resisted by the ministers with party warmth. had been conducted without check. Many families. who received 5 per cent. levied first by the authority of the governor-in-chief.[145] Murray was educated at Westminster and Cambridge. Having adopted the opinion that an independent colonial gov ernment would not add to the freedom or prosperity of the colony. exposed the treasury to undetected pilfering. to the value of £500. and joined with the assaults of the natives made the life of a Tasmanian farmer one of considerable danger. acquired a cool courage. the surgeon of the first fleet. and the colony to loss: in 1824. The infrequent examination of the ac counts. ascertained by a jury of merchants. and th . which referred to the history of the dissentient. fierce dogs were stationed as sentinels. and its influence on the minds of the labourer in bondage. who in Great Britain thought of an arme d robber only with feelings of terror. a large defalcation wa s discovered. ii. as captain in the Royal Waggon Train. Dr.The History of Tasmania. when he obtained the appointment. At this time the remote estates were guarded by soldiers: loop-holes pierced the wa lls. and are related in Vol. he opposed the petition. 194. p. The per centage was abolished. could only be celebrated by a clergyman of the establishment. After residing some time in New South Wales. The establishment of a court seemed to be the signal for an outbreak of di sorder and violence. Dr. Their assistance was chiefly valuable for the moral support it afforde d. The terrors they spread reta rded the occupation of the country. t o garrison the towns or scour the bush. on the amount: he also performed the duties of treasurer. as the victim of others. amounted to £8. and exposed themselve s to a criminal prosecution. and the whole strength of a district was sometimes employed in pur suit.

but vindicated with great ardour the conduct of Hamilton. Such was the answer to the merchants who complained of excessive and unequal imp osts. higher than was fixed by Brisbane at Port Jackson. complaining that his honor Colonel Arthur was not mentioned in the requisition. In reply. as injurious to their trade. and that duties levied prior to landing. Jocelyn Thomas and Mr. Hamilton. but the dispute ended without any other practical consequences than a wide impression that the government was desp otic and contemptuous. was detained by the naval officer. Edward Lord. as a traduce d and excellent public officer. to address the go vernor-in-chief. the colony being still a dependency. The merchants were deeply offended by the imposition of a duty at Hobart To wn. with s ome expressions of indignity. they required the sheriff to call a public meeting. A meeting was therefore called to reprobate the ignorance and presumption of the sheriff. The new settler land ed his rum duty free. The admission of goods liable to customs had been lax. Chief Justice Forbes decided tha t the magistrates derived 64 . were sometimes imposed on wines never actually delivered. when intended for his own use. They requested that the charges might be equalised with the other port. Arthur not only refused to entertain the petition. A more important variation between the colonies was displayed on the quest ion of trial by jury. and confided to Mr. Mr. The rigour was not always exercised with cou rtesy. The magistrates of New South Wales were required to shew cause for the non-issue of a precept to the sheriff. Dudley Fereday. and the object of the meeting not sufficie ntly defined. This the sheriff. formerly acting-governor. Dissatisfied with the reply. declined. and the vallise of Mr.e offices of treasurer and collector separated. and that the excess already taken should be restored. to summon a jury. The rule nisi was made absolute. and th e protection of the revenue required a more severe supervision. but smuggling was carried on to a large extent.

The disagreement sprang chiefly from a trial. and amidst the shouts of his seamen fastened her to the tail of the Glory. . The prize-master ran her on shore. and was liable to forfeiture. cast her adri ft. and intended to visit Launceston to circulate forged paper. stated that according to the practice pre viously in the colonies no civil juries had been known. that the colony was too small to furnish civil juries. He argued that it was the duty of the court to construe the act of parliament in a form the most favorable to the subject. were not mentioned. Griffiths. Griffiths. but a storm arising. except as provided by the act. and the parliament had su perseded them. excited great interest in the legal circles of Great Bri tain. who was dismissed fr om his office by Arthur. of which he was the owner and master. invit ed Laurie on board. Thus. The act itself which instituted the military jury for the supreme court. after fo urteen days journey through the woods. called the Fame. No proof of these assertions was off ered. The plai ntiff sued for damages for the illegal capture of a vessel of 12 tons. He then boarded the Fame. that he had embarked in an unla wful voyage. On the whole he was of opinion that parliament had o verruled common law. and the party wrecked. brought the question before the court in a similar manner. when she was exposed to great danger. On t he other side it was maintained.. reached George Town. When the report of the determination by Judge Forbes reached this colony. now Sir Alfred Stephen. was found by the brig Glory in Twofold Bay. The decision of Forbes was more agreeable to Englishmen.The History of Tasmania. but t he words of the act did not necessarily extinguish a common law right. the owner of the Glory. Volume I their commission from the king. Gellibrand. that their functions and obligations were settled by common law. and the jury granted £460 damages. the attorney-general. a verdict which the government found no occasion to disturb. and taken away trial by jury. and gave civil juries in civil cases. is scarcely to be doubted. but retained the military jury. at New S outh Wales they were sitting under the sanction of the then superior authority. or extended by the king . though scarcely compatible with the condition of the country. and the act of parliament which conferred trial by jury d id not give a common one. for unprofessional conduct. in giving judgment. and therefore not taken away by the act. In this condition she was carried triumphantly towards Launceston. The treatment of Mr. M r. That the decision of our supr eme court was a more correct interpretation of the intentions of parliament. and not the parliament. and the intention of legislators is n ot law. The pet ty session thus traced its existence to the royal commission: the supreme court to the parliamentary law. while Judge Pedder ruled that the petty juries were illegal. The justification pleaded was that the plaintiff had conveyed prisoners from Port Jackson. deprived her of charts and compass. the Glory encumbered by the Fame. Judge Pedder. left the extension of the practice to the royal discretion alone. and made him prisoner. characteristic of the times. Th e vessel. Laurie v.

which would make him a formidable antagonist to his former client. who returned it as not within his province. would compel him to relinquish the profession. It was maintained by Mr. Griffiths. Mr. Gellibrand. an attorney. The profession. transferred the fee he received to Mr. it was detestable. in a question of a right of way. and afterwards acted officially against him. which was forwarded to Judge Pe dder. when he was compelled to relinquish the cause. Mr. asserted that the cust om of the English bar warranted the practice of Gellibrand. Gellibrand had drawn the pleas for t he plaintiff. upon the close of the action. that the practice was dishonorable and dangerous: in the early stages of a cause facts might become known to a barrister. where legal technicalities are so fatal to even a right cause. Mr. however. and left the governor to act for himself. or whether h e could draw pleas for both. Thus. Alfred Stephen. The appeal of Mr. the same counsel drew the declaration. Dawes. almost unanimously. and sometimes drew pl eas on both sides. therefore. The main question was this : whether a barrister holding a general retainer could. "or seek an honorable pittance el sewhere.Mr. was called to account for mal -practice. advise the opposite party. without license." In the case of Laurie v. Gellibrand to the profession perfectly vindicated his cond uct. The judge stated that he was not concluded by the custom of the English bar. but dismissed the case. Stephen. Step hen. he. and exclude his antagonist 65 . However objectionable at first sight. It was found that the first counsel in England often acted against a retaining client. He asserted that whether the practice were common in England or not. and that the court might treat as a contempt a practice tolerated at Westmi nster: he considered the custom pernicious. brought the complaint formal ly before the court. and the replication. and moved that Gellibrand should be struck off the rolls. and if allowed. presented a statement to the governor. the plea. it would be no small hardship were an opulent person permitted to engross the legal talents of an isl and.

he had damaged his case. After payi ng actual expenses. the statesman. however. 1824. it is said. handed the surplus to a chanty. Stephen. responsible only to the home-office. December 3. The legislative and executive councils were appointed. which ended in an assault. passed the taxing of the master. he was entitled to govern. among which the following: "to instructions for replication." The colonists were less delighted w ith the possession than the prospect of a chief governor. which employed the language of t he Common Prayer as a vehicle of political complaint. he was tried by Lord Ellenborough. Mr. but he was clearly of opinion that the proceed ing of the local officers was the effect of either "malice or mistake. He had been nom inated to an office in this . now Judge. The uniform gentleness of his character has been respected by the press: he is mentioned only to be praised. and died with the reputation of an ardent christian. Stephen. Stephen. and that his intimacy with Mr. The excitement occasioned by this dis pute was of long continuance. The crown had a right to dismiss." "retaining fee.The History of Tasmania. whom his office might oblige him to defend. Sergeant. The arrival of General Darling was a time of festivity: he proclaimed the in dependence of the colony on New South Wales. This bill con sisted of one hundred and twelve items." The charges of professional malversati on he pronounced too absurd for notice. a work of ability and research. Gellibrand. whose opinions in early life we re extreme. was publishe d. Volume I from the possibility of obtaining justice. His bill of costs. who had been addressed as "Your Honor. He afterwards wrote the Day Book. M r. both in reference to politics and religion. This gentleman wa s the brother of the late William Hone. The master of the supreme court arrived in October. For publishing parodies. consisting of officer s of the government: among them. Mr. that the practice was not only allowable but often imperative. a party writer of great celebrity. His fame was greatly increased by the pertinacity and skill of a successful defence. but when he set sail. to contrast with the professional scruples which inspired his opposition to Gellibrand. twice that amount. On his action he obtained £50 damages. Arthur. Additional matter was urged: it w as said that Gellibrand advised a client to enter an action against a magistrate. and in the last years of his life he embraced the faith. succeeded Mr. and. Joseph Hone. a relative of Spencer Perceval." assumed the authority of governor-in-chi ef. and appointed a commission of enquiry." Many other such payments of self to self. although the spirit of General Darling was not mor e favorable to the enlargement of their liberties. became "His Excellency." "for brief. and motives were freely imputed. 1825. Esq. Although the chief justice dismissed the motion of Mr. While present. Murray did not become his relations with the government. on his passage to this colony was involved in a quarrel. Talfourd regretted that by quitting the commissioners appointed by the governor. the governo r determined to press the charge.

Brighton was nominated the 66 . considered that the seat of government should be fixed nearer to the source of the river Derwent . The division of the island into police districts. Such eccentricities of justice could not last beyond the rudest era. and thus reflected on their judgment. It was a gr eat improvement in the internal discipline of the colony. second on our first list of legislators. brought the prisoner population under the more direct control of the government. Bigge. suspecting the contents of such a missive. Nor wer e they willing always to spare the time required by a patient investigation. and sent back. when he heard his waggon in the street." It was common to send a note with the man whom it was intended to punish: he was flogge d.colony. and delivered his sentence in his progress towards the door--"I can' t stop: give him fifty. Gentlemen. Mr. Another. returned next day to his master. themselves masters. were liable to the bias of a position full of vexation and disappointment. with "ah. The executive revised their sentences. or to distinguish between a frivol ous and a proper defence. Some curious examples of magisterial equity are often told: one rose from the bench. but he never arrived. and less favorable to a cool and impartial administ ration of justice." A cattle stealer owed his life to the same impatience of enquiry: before the charge was h alf investigated. well. A reverend gentlema n met a party of men brought up for disobedience: he sent them back. complaining bitterly of his suffering. The site of the capital narrowly escaped a second change. gave it to his fellow-servant. but he had destroyed the note and eluded the triangle s. who wa s flogged in spite of his protests. The commissioner. subject to a stipendiary magistrate (1827). who had been on a similar errand before. however. give them five-a nd-twenty all round. A man. his name is. the magistrate said. "give him fifty"--an easy compromise with the hangman.

but the opinion of Mr. in 1824. but property was already invested to a large amount. Arthur did not press the project. and even rafts .[146] FOOTNOTES: [Footnote 141: Barnwell and Cresswell's Reports. and sought to excuse the delay by defaming the port. but on the visit of Macquarie he determined to constitute George Town the northe rn capital.] [Footnote 142: An obscure publication appeared at Jamaica in 1824. discussed the question with courtesy. designate d a Defence of the Settlers of Honduras: a work intended to refute the imputations on which his anti-slavery policy had been justified. whic h was dreaded by vessels of tonnage. The uncertainty for some time obstructed the progress of the place. and finally abandoned. and the head-quarters. Sydney is a second choice.] [Footnote 144: The disorders of this period will be found described in vol. Launceston a third. Melbourne a second. The general governm ent can have no sinister interest in these changes. Arthur was instructed to determine this question. L. of this History. 1820. Murray. On the whole. The superior convenience of a spot at the head of the river to one forty miles distant. Paterson removed his headquarters to Launceston.] . gave Launceston the mercantile preference. Volume I destined city. The division of the government from the chief population would hav e destroyed its moral influence. ii. The merchants strongly opposed the transfer. were employed to discharge ships which would now approach the wharves. Bigge determined the dispute in favor of Launceston. spent s everal months at George Town.] [Footnote 143: Colonel Arthur's letter to Lord Bathurst. who s tated that the master had dispatched the mate and seamen on a sealing voyage. Lighters. Launcest on was still more unfortunate. but those who foresee and promote them may largely ga in. is questionable: the authority being an opposition paper. the measure was impolitic. Macquarie maintained his project to the last. When York Town was abandoned as the chief settlement.] [Footnote 145: Appeal to the British Nation. close to an extensive and fertile country. By R. and charged the detention on the river. Esq. The principal objection to Launceston was the navigation of the river. 2nd edit. Captain Watson. but its reputation was worse than its dangers. Hobart Town a second. A fatality has seemed to attend the selection of chief townships in the colo nies. and within easy access to the interior. New Zealand has ex perienced the same vexation and losses which proper surveys might easily avoid. Its chief inducement was the removal of t he prisoners from the temptation of the port.: London. This was resented by Arthur. and during a conference with the me rchants and other principal inhabitants. or the passages professedly extracted fr om it deserve any credit. Whether the book itself really existed. The Aguilar.The History of Tasmania. and loitered for the purpose of traffic. were removed finally fro m George Town.

67 .

our sovereign. and New South Wales Advertiser. Bent determined to throw off official supervision. mild. and claimed a property in the title of the Gazette." "We view ourselves as a SENTINEL. Sir Thomas Brisbane at first relaxed. and the jealousy of the authori ties. placed by divine graciousness on the awfully perilous coast of human frailty." He then proceeds--"We desire to encourage the cloudless flames of r ectified communion. 1824.The History of Tasmania. bound by allegiance to our country. Malice or humour. or expressions of the views and feelings of the ruling powers. The conduct of a periodical was a work of toil and anxiety: the default of material. Christopher. Bent's choice was Evan Henry Thomas. perhaps. The edi tor of Mr. 1803. The newspapers of this hemisphere were long mere vehicles of government inte lligence. on t he 5th March." observed the writer. and then removed restrictions from the press. the colon ial secretary informed Mr. The Hobart Town Gazette. Money had been lent for the purchase of material. at that time. We contemplate ourselves as the WINNOWERS for the public. and our God. and complimentary: they represented the views of the ruler. "We esteem ourselves. and Mr. hav ing kindled the unextinguishable torch of a free press. On the arrival of Colonel Arthur. is worthy lasting remembrance. and. in the early days. the paucity of local intelligence." . the vices of the prisoner workmen. he obtained material from Great Britain. Esq. He arrived in New South W ales in 1800: with the sanction of Governor King. This was George Howe. a Creole of St. He continued his toil until his death. severely tried the industry and patience of the intrepid printer. "a BEACO N. he permitted the discussion of colonial affairs. and taken his rank with the benefactors of mankind. 1824. Howe that he ceased to be amenable. and sent for th the first-born of the Australian press. Emmett was the fi rst official editor. Volume I SECTION II. and in the month of October. questioned by Arthur. appeared the first article of the press t hus set free. the first permanen t newspaper. either taught by repetition or circulated on scraps of paper: the offences of official men were t hus hitched into rhyme. but this he was expected to re pay. was allowed on reference to the governor-in-chief. These pipes were a substitute for the newspaper. with horror and tears. In June. The articles were brief. as the first. was rigorously exercised. except to the courts of law. Mr. and the founder of the Australian press spoke of its vexations to the end of his life. was under the immediate patronage and control of the government. The partnership between him and the govern ment was not very distinct. A censorship established from the f irst issue. expressed itself in what were called pi pes--a ditty.[147] established by Andrew Bent. His right to the property. and the fear of satire checked the ha ughtiness of power. In 1823. named the Sydney Gazette. also of the people.

the whole discussion is painful to a friend of liberty and ju stice." His letters addressed to Arthur. that though Gibeon was a good man. and the first ex-officio prose cution was instituted against him. "the duties of our typo-graphic province are performed by the proprietor and one assistant. reviewed his governm ent contrasted with that of his predecessor: they were said to approach the style of Junius. In another paragraph the writer stated the extra martial incarceration of Colonel Bradley. Bent grew more daring. Murray. Bent declared tha t he would not surrender his rights to a "Gibeonite of tyranny. the fraud being defeated only by the superior justice of G overnor Brisbane. however splendid. R." Having offered his columns for discussion. They were. Rather by implication than directly. they may have lost much of their spirit." Such were the vows and resolutions of t he father of journalists. It is difficult to imagine a less dangerous opposition than such compositions. As the quarrel warmed. Fox was a friend of freedom. taught the colonists what might be expected from Arthur's anger. except as an outbreak 68 . however. He added. that did not qualify the inuendo. appeared under the signature of "A COLONIST. but suc h was not the Foxite of tyranny. offensive to Arthur. In one of these libels. read in mode rn times." The attorney-general ingeniously explained.rejecting "each effusion. a writer of considerable colonial fame. which should put down opposition. and he resolved t o start another Gazette. or to account for their prosec ution. In truth. the lieutenant-governor was charged wi th attempting to deprive Bent of his property. of degenerate curiosity and perverte d genius--of misanthrophic ascerbity and calumnious retrospection. L .

before misanthropy again can ral ly his vituperative legions to assault us. Ben t complained bitterly of the piracy of his title: he. indeed. An act was passed. In the controversy. and containing much valuable information. a number. Arthur resolved to put down the liberty of the press. The law was disallowed by Sir G. 1828. Some opinions expressed by the remonstrants. and not adapted to colonial circulat ion. to describe their suppression as a measure of police. at the close of 1827. He therefore publis hed monthly. It was not to be expected that the colony would quietly submit. was both disingenuous and absurd. In this official publication there were articles of news and politics. It was. the Colonial Advocate. he became t he printer of the Government Gazette. 1825. Ross. we may re-evince to all how staunch is our allegiance. the Gazette issued as a separate publication. but the manner in which it was defended by Arthur. a work of considerable merit. Volume I of offended pride. the press could not be free: tha t it was dangerous to authority. and debasing: that they were an insult to the colony. soon followed. Mr. The reply of Arth ur asserted. the people were successf ul. however. also made its appearance in February. contrary to the implied engagements of the crown. the Courier being established. and made the continuan ce of a paper dependent on his pleasure: authorised a tax of threepence each. and took securities for penalties . id entifies his memory with the scheme. and discussed the va rious political questions with moderation and ability. and. however. but in 1827. as they were nearly unanimous. that so long as this was a place for the reception of convicts. of Hobart Town.The History of Tasmania. Murray. August. soon yielded. 1828. been a sserted that this measure was dictated by Lord Bathurst. and even his right to publish an advertising sheet was disputed. from the 1st March. when emigration was invited. It had. unconstitutional. Bent was refused a license. George Terry Howe had established the Tasmanian at Launceston. he pronounced presumptuous and unjust. the governor was not the gainer. and we trust that. in concert with Dr. and the press set free. signed by Meredith and several other magistrates. 5s. This ordinance appointed a license. which laid the colonial press a t his feet. An address. by Murray. They declared that the restrictions imposed were needless. In 1825. and calculated to destroy the security of domestic life. Alarmed by the threats of prosecution. and how sully less our zeal at the post of . Howe ver offensive the remarks of these writers. but the offers of the government drew him to head-quarters. and although the publishers of these productions were injured by the law. The Tasmanian. subject to the will of the governor. the author of the "Gibeonite libel" presented an apology in the following supplicating terms:--"We avow our readiness to preserve inviolate the best and most endeared interests of this community. The Austral-asiatic Review. and changed the designation of h is paper to the Colonial Times. animadverted on the measure with just severity.

] [Footnote 147: "We are indebted to the Italians for the idea of newspaper. The Advertiser was the property of Mr." What that might be. In 1829. S. perhaps. he would be wearing a leather apron and scouring pewter pots. and reached the nineteenth num ber. called gazetta. The Cornwall Press describes his rival as "an addle-pated upstart--a superannuated Zany. was continued to the end of his administration." His writings "as the frothings of a beer cask." he remarks. more probably." Such were the literary love tokens of those days. November.] 69 . It will be seen."--D'Is raeli's Curiosities of Literature. and both manifesting the spirit of rivals. Its opponent belonged to Mr. derived from gazzera. and th e Cornwall Press. and was cast in damages and expenses amounting to £500." "Condescend ing to notice 5 feet 2-1/4. it is no t difficult to conjecture.probity!" The unfortunate printer could not soften his prosecutor. from a farthing coin peculiar to the city of Venice. 1824. Launceston was favored with two newspapers: the Advertiser. if the rejoinder is to be credited:--"if he had his right place. T he title of their gazettas was. 53. a magpie or chatterer. or. "we dropped from our proper elevation. John Fawkner. The following are memorials of their fraternal sympathies. p. which was the common price of newspapers. Dowsett. Both started together. FOOTNOTES: [Footnote 146: Gazette. that the quarrel of Arthur with the press.

under which the charter of their incorporation. came to Van Diemen's Land in 1820. Mr. to be taken on the north-west coast in one square block. to undertake public works on se curity of tolls: but they were debarred from banking and commerce. and its future destinies. and by a line drawn from shore to shore. as a profitable scheme. this land was valued to the company at two shillings and sixpence per acre. The company received a grant of 250. Captain Dixon. became their agent. By this charter they were authorised to employ their capital in cultivation and sheep farming. Edward Curr. By his countenance they obtained an act of parliament.The History of Tasmania. and ruin. remarkable for its clear narrative and sober delineation. Lord Bathurst consulted Colonel Sorell: he was favorable to the company.575. and at a distant date. its relative position. £16 annually each man. he had returned to England. After some debate. In the me asurement. Men of opulence and prudence. to relieve Grea t Britain from dependence on foreign wool. Yet they drew a brilliant picture of this colony. bounded by Bass's Strait on the nor th.000 acres. bu t forwarned them that no large blocks of fertile land remained unlocated." sa id they. Some time was lost in selecting the s ettlement. passed the great seal. one-fourth allowed for useless land. and Circular Head . Having some time resided in Van Diemen's Land. The first ship dispatc hed by the company was the Tramnere (1826). On his return to England. to improve the quality of the Australian flocks: this object they have contributed to accomplish. followed by the Caroline. They proceeded with caution. and the whole quit-rent charged. "Such advantages. among their objects. Nor did they promise a dividend." It was. The employment of convicts entitled the company to rem ission of quit-rent. Volume I SECTION III. when compar ed with common projectors. on the westward by the ocean. But in th e meantime the Van Diemen's Land Company had been formed. with a capital divided into £100 shares. and postp oned the issue of their share list until their plans were laid. was "four hundred and sixty-eight pounds. where he published a book on the state of the country. and delinea ted in vivid language the riches of its soil. fraud. and awakened a speculative spirit in Grea t Britain: projects of every kind found favour--a madness fraught with insolvency. commander of the Skelton. to lend money on mortgage and to persons engaged in fisheries. sixteen shillings:" redeemable at twenty years purchase--£9. He suggested the formation of a pastoral company. at first the secretary of the company. "could not long escape the penetration of the British public. Causes f oreign to this enquiry reduced the marketable value of money. on the 9th November. but as the re sult of a considerable outlay. 1825. were concerned in its origin.000 acres of land. They applied to Lord Bathurst for 500. he published a small volume on the capabilities of the country.

and their establishment was but a larger farm than common. The public works promised by the proprietors w ere never undertaken. Curr was anxious to bring his line as far possible towards the sun. under an impression that the grant was already improvident and excessive. They ultimately obtained several blocks of land.000 at the Hampshire Hills.000 acres.000. The total actual cost.000 at the Middlesex Plains. and the high lands towards the westward were found barren and cold.000 at the Surrey Hills. The operations of the company were conducted on a liberal scale: artizans w ere sent out. might have been a counterpoise to his influence. 10.000 (1830). chiefly useful to absconders. whose head-quarters were in Lond on. Near the shore the country is heavily timbered. per acre. including survey. By the oversight or complaisance of Lord Bathurst. was be neficial to the country. The r eports of the proprietors 70 . at Woolnorth . 10.was chosen. The proprietors were promised a remission of £16 for men. 150. was not inserted in the covenant. the rule which made the outlay of ca pital the condition of a grant. was 1s. The sheep of the company cost £30. On a closer inspection. A road was opened with Launceston. and £20 for women. The importation of sheep and horses of great value. The servants of the company left them on the expiration of their engagements: many before. had it not been pushed to the extremity of an ina ccessible country. but the governor held him to the literal agreement. which gave them command of an intervening country of 150. This was the first encouragement of free emigration to this quarter of the world. when they exported wool to the value of £2 . 6d . 20.000 at Circular Head.000 at the islands on the coast. The whole schem e was distasteful to Arthur: a powerful company having interests of its own. Mr. the district was not found encouraging. and 10. on the quit-rent.

by Mr. and surveyors. whose adventurous life made him remarkable even among vagabonds. but these were in advance of the public companies. as mate on board the Lady Nelson. however. 1780. which however were unprofitable for many years. Patrick Wood. an agriculturist. an d afterwards. Harrison. from that of Mr. On the Hampshire Hills many hundred lambs died in a nigh t. In 1834. speared by the blacks in 1 831. Saxon sheep were imported by Messrs. of Arundel. Volume I eulogised the management of Mr. and Mr. To these establishments the colony is indebted chiefly for the introduction of valuable stock. They engaged to improve the stock of Van Diemen's Land. Colonel Latour was a leading partner. Many others might be mentioned. was superintendent of the company's affairs. attended the first party to Risdon.000 acres. Anstey. and brought ba ck by force: it was at last agreed to cancel their indentures. Its local affairs were confided to a council of three.The History of Tasmania. They asserted that ardent spirits were excluded: there were no police or prison. Curr. and the "Potentate of the North. on their arrival often esca ped from the farms. and exposed the agent to great vexation. and affirmed that the moral influence he h ad acquired rendered his government easy and his people contented. from t he flock of the Marquis of Londonderry. on repayment of the cost of their passage. and none required. the population on the estate amounted to about 400 persons. but the divided sovereignty was impracticable. R. formed at the same time. did not despair. a Roman catholic. and in the evening covered with dews. In this they were rivalled by private settlers. Captain Thomas. Willis. Curr being the chairman. from the flock of Sir Thomas Seabright. soon reigned alone. received a grant of 40. After some employment in the coal trade. an architect. of the Fifeshire breed. These statements varied from fact. The New South Wales and Van Diemen's Land Establishment. he accompanied the expedition of Flinders. Curr. and the company anticipated a dividend in 1834. The losses sustained by the company were great: the cold destroyed the stoc k. little could be added to the varieties of the fol d or the stall. and thus rotted on the ground. Bulls. and their crops often perished from moisture. Having returned to Eu . and int roduced valuable horses." as he w as sometimes called. were a commissioner . beside the agent. of whom more than 200 were prisoners of th e crown. Sometimes the season never afforded a chance to use the sickle: in the morning the crop was laden wit h hoar frost. The agent. at the latest! The company provided a numerous staff. R. by Mr. were imported by Mr. Gilles. Among those employed in the Van Diemen's Land Company's service was Jorgen J orgenson. The comp any provided no religious teaching for its people. could not be expected t o promote heretical creeds. by Captain Watson. Sometimes they were pursued. and by 1830. at noon it was drenched with the thaw. He was born at Copenh agen. Servants engaged in Great Britain at low wages. by Mr. of Normandy. Henty.

he was captured after a smart resi stance by the British ships Sappho and Clio. He. and fort ified the harbour with six guns. In Newgate he was employed as a dispenser of medicine. Count Tramp. His proceedings were already known to the ministry. Jo rgenson made no small stir by his appearance among legislators and conquerors. The penalty might have been commuted. issued a proclamat ion stating that he had been called by an oppressed people to assume the reins of government. and he was arrested as an alien at large. 71 . A woman.rope. while out on his parole. and was sentenced to transportation. detected many crimes. and created some trouble. improved t he system of education. he returned to London in a prize taken from the island. the merchant ship Margaret and Anne. He obtained. established trial by jury. prohibited the intercourse: Jorgenson landed while the people were at church. having neglected to quit Great Britain. who had assi sted him in discovering certain offenders. survived her. an d aided by his seamen took the governor prisoner. After a variety of adventures. augmented the pay of the clergy. with extraordinary impudence. On a second voyage the govern or. He proceeded to reform its various departments: he lightened the taxes. t o carry provisions to Iceland. where the people were suffering extreme privation. formed an army consisting of eight soldiers. and he was often seen fleeing from her fury through the streets. however. After four years detention h e was released. in which he was often on the borders of crime. and at length closed his singular career in the colonial hospital. became his wife. but was retaken. Here he was chi efly employed as a constable. Such is the account he gave of his imprisonment. Having performed these exploits. and transported for life. but he undertook to write on various subjects. and become commander of a privateer in the service of his country. he was therefore forwarded to this colony. He then. and brought several to the scaffold. he pawned the linen taken from his lodging.

] 72 . chronology. it is amusing to read the grave strictures of th e London critics. as unfolded by observa tion and experience. He wrote a treatise on relig ion. London. With a knowledge of the writer.[148] FOOTNOTES: [Footnote 148: Of the fitness of Jorgenson to discuss theological questions. establishes the link of the chain which must necessarily exist between the creator and intelligent creat ure. and prec isely after the manner described. the laws of mechanism and the laws of nature. 1827. Volume I Jorgenson made great pretensions to literature. except the Chr istian. Capes. by Jorgen Jorgenson. the reader may judge from the following passage taken from his preface:--"No religion on earth. wi thout leaving a trace of his track: now among the stars--then on a steam engine chasing infidelity--or peltin g atheism with meteoric stones."--Religion of Christ the Religion of Nature.The History of Tasmania. who complained that he bounded with amazing rapidity from one subject to another. After consulting history. At length his mind was satisfied. he discovered that events must have happened nearly at the time mentioned. and another on the treaty of Tilsit: in this country he published a pamphlet on the funded system. Written in the condemned cel ls of Newgate. that God had made our yoke easy and our burden light. and a narr ative of his life by himself. late governor of Iceland.

whose easy temper and courteous manner rendered him highly popular. which rul ers seldom require.The History of Tasmania. and who were excluded from the "court circles.[151] Brisbane was the patron of the turf club. The chief justice. as ballast is thrown out to send a balloon above the fog s. and where the common spirit of detraction was exasperated by competition for those favors the governor could refuse or transfer. but caution. "are punctilious. This office was accepted by Darli ng as his successor." S ome more daring spirit would venture a remark. the property of masters in assigned labor. he determined against the government. As the servant opened the door. except the rescue of the press. rejected several drafts of laws which trespassed on the limits of the constitutional act." The entertainments at government-house were ceremonies. rather than parties of pleasure." said a satirical lady. Judge Forbes. and accession of Lord Goderich. "you may come in. all etiquette. a social gloom overspread the capital.[149] and his name recorded. who drew a picture of the times. The mercantile class. and charged with republican tendencies by those who designed to degrade him. Hood. he seemed to say. a surgeon on half-pay. if not the agents of government. inclined to liberal politics. the sole effect was a reduction of British expenditure for the civil government. At his dictation.[150] The close connection and constant intercourse between New South Wales and Van Diemen's Land affected the spirit of both governments. The presence of power was everywhere felt. He was . gave some hope of a change in the form. a Bermudian by birth. but don't speak. and in 1827 its total cessation. to prevent his parti cipating in the "favors or indulgencies of the local government"--a help to official remembrance. but. The retirement of Lord Bathurst. notwithstanding its natural ad vantages and commercial promise--a town without a library. "The official corps. fearfu l of compromising their rank. was superseded by Lieutenant-General Sir Ralph Darl ing. He was considered the tribune of the people. the ordinance against the press was less stringent than intended. Mr. The colonist expected much from the impro ved tone of the English executive. Volume I SECTION IV. interdicted the perilous indulgence. and dreaded wherever it could not be defied." headed the oppositio n. and restored the watchful silenc e. like Sancho's physician. who alone could defy the government. Whispers were heard with jealousy. Sir Thomas Brisbane. which h e himself had framed at the request of Lord Bathurst. The titles of land. was ed ucated in an American college. whose administration after the first few months was a perpetual storm. had offended Arthur by a letter: a Gazette announcement informed him that he was placed under a ban. Thus official and opposition parties were organised: as the distinction became more m arked. No Dutchman would willingly endure the Humdrumstadt on the Derwent.

rendered fatal by grief and the pressure of the iron. were noticed in the Australian (May. the attorney general. without orders from the stewards. but not beyond t he ordinary license of public discussion. and loaded their legs with chains. and other officials. was prosecuted in the supreme court. together with the "Stamp Act" to check the circulation of newspapers. an arbitrary aggravation of a judicial sentence who would seriously approve? These transactions. The club passed resolutions declaring their approval of Mr. at the instance of General Darling. Baxter. Two soldiers. the jury were 73 . Wardell. committed a theft. Darling was accused of murder by his enemies: he was vindicated by ministers. informed of these proceedings. as chairman o f the day. The affair became the subject of pa rliamentary inquiry. Judge Forbes pointed out the violent straining of the inuendos. Wentworth's speech. the band struck up. made certain observations thought personally disrespectful. withdrew his name as patron. and through his charge led on to an acquittal. Mr. Thompson and Sudds. so unexpected. In a few days Sudds languished and died: this result. Wentworth. the proprietor. the sheriff (Mackarness). Although chosen by the prosecutor. for their concurrence with the majority.invited to dine with the members: this he declined. 1827) in terms of ironical praise. was attributed in part to a lat ent disease of the liver." Darlin g. To aggravate its rigour. fixed round their necks collars set with spikes. Darling brought them on parade: stripped them of their uniform. but although h is motives were uncorrupt. and when the governor's health wa s proposed. Dr. On the arrival of Mr. to escape from the service. "There is na luck about the house. severe. and received a sentence in the supreme court. The governor dismissed the acting attorney general (Moore).

who had formed a disgrac eful connexion with Anne Pope. A petition adopted by a meeting held in 1827. his recommendation would be favorably considered. and made no pretence to popular applause. but when the balance of human infirmity is struck. The governor declined to pl edge a reward. "is placed beyond doub t. Mr. an d act as a passport to the admiration and grateful respect of posterity. one of whom was found to be his paramour. The appointment of Colonel Gibbs is now certain. Humphrey." said the Sydney Gazette. The alleged libel stated that the stamp act "would immortalise" General Darling "in the annals of this rapidly improving colony. who were instructed to forward it through Arthur." said the Australian (1829). but Honner was assured by a member of the executive that. and cause his name to be hated and detested by future generations. applied for her assignment to his service: this M r. who satisf ied that the imputation was malicious and incapable of proof. The governor eulogised in strong language his official career. wa s confided to a deputation. originally a mineralogist. provided the results were satisfa ctory. Major Honner. and to entreat his concurrence wit h its prayer. a prisoner of the crown. "It is a fact. and that pardons mig ht be procured by a successful witness. To those w ho check the abuses of irresponsible power something is due. Volume I unable to agree. who filled various offices from th e foundation of the colony. it will not be always found in their favor. but a voice in the legislature. and the policy of his successor gravely debated before his career was midway.The History of Tasmania. The same parties existed in both colonies.[152] The employment of spies has been charged on Arthur as a chief vice of his go vernment--a practice hardly less perilous to the innocent than guilty. and the defendant was discharged. Shortly before his retirement from of fice. He forwarded a letter to the governor. directed the prosecution of the accuser. was denounced for corruption. the colonists determined to seek not only for trial by jury. and rumour could easily supply the rest. but soon after died (1829)." "The successor of Colonel Arthur. Mr. received a pension of £400. "Colonel Davies is the distingu ished individual." Clergymen of such names emigrated about the time. on condition that f ree pardons were granted to his witnesses. but Judge Pedder did n ot participate the political sympathies of Judge Forbes. that between immortality and infamy there are many steps. Humphrey refused. the police magistrate." The judge justly remarked. The t ransaction was unfortunate: the negociation indicated that secret informers were tolerated." The meaning extracted by the inue ndos was this: "It would render his memory for ever infamous. The major then offered to produce evidence against this officer. The struggles between the governor-in-chief and the opposition were watched in Van Diemen's Land with interest. A time was fixed . When the constitutional act approached its term. The recall of Arthur was announced. Humphrey.

Marshall. The violation of this rule the deputation imputed to the necessity of the ca se. it was announced to the colonists that their complaints must pass through the governor's hands to the home-office. contrived to stifle their defence. Gellibrand was expunged from the list of magistrates. prevented his examination of the documents. Curr. and there were many others who did not sympathise with its object. The ministers expressed their desire to grant free institutions. Mr. A. for the protection of 74 . Sir John Owen presented it to the Commons without a word. Duplicates without ne w matter might be forwarded by other channels. the shipping agent. and instantly dispatched a fast sailing boat to pursue the ship with an exculpatory letter. so soon as the colony was rip e to enjoy them. by Lord Goderich's ord ers. to counteract an attempt of the governor to evade its spirit. The hostility of Arthur to the petition was well understood.[153] still in force. postponing the interview for one hour. By a circular of Lord Bathurst. Deeming themselves and their constituents slighted. Baring (Lord Ashburton) remarked that colonies are never ripe for free instituti ons until they get them. the name of Mr. when Mr. they were met by a blundering receive them. They considered this a manoeuvre. Arthur published a vindication of himself: he stated that business o f great importance with Mr. but when at the government-house. he had requested the delay onl y to prepare himself for the audience. they declined a second attendance. but an answer could only be expected on the arrival of the governor's report. and regretted that the colony were deprived of his friendly offices by an unreasonable caprice. Their promptitude was unavailing: for his shar e in the transaction. attempted to form an association in London (1828). This paper fell into the hands of the deputation a few hours after the vessel had sai led with despatches for the secretary of state.

"so soon as the cause shall cease to operate which had forbidden its immediate observance. no new tax can be imposed excep t for local purposes expressed in the bill. The members are appointe d by the crown. Volume I these colonies.] [Footnote 150: Letter from a Lady (Mrs. and a majority is necessary to pass a measure. but extended until now. under such limitations as may be deemed meet. The constitutional act. differs in many of its provisions from the last. A member may record his protest. which compels the council to reconsider a bill declared by the judge repugnant to the laws of England. Wardell was murdered some years after by bushrangers. verbatim. It is under this act of parliament that the colony has seen the jur y-box delivered up to civilians. however. The council is increased from five or seven to ten or fifteen. and vacancies are filled up by the governor: they must be resident. when in recognising the anci ent principle of representation it records the purpose of resuming it. Nothing. The preliminary certificate of the chief justice. 1826.] . and it came to nothing. the oath of secresy is abolished.] [Footnote 152: Dr. ordinances must be conformable to English laws. Sir George Murray explained that by the clause wh ich superseded the veto of the chief justice. A correspondence was projected with the leading colonists. is sub stituted by another clause. The governor is president. but the most urgent necessity would justify the governor in se tting aside his opinion. twothirds of the council must be present. on the council table. but awaits the hour which the law itself foretells. The scheme did n ot obtain the support it merited. but in c ivil actions assessors are continued. and the scattered colonial interests could never be combined for a join t action. inserted in the Morning Heral d. required by the former act. 1828.[155] FOOTNOTES: [Footnote 149: April.] [Footnote 151: Mudie's Felonry of New South Wales."[154] In transmitting this bill. a law cannot be made by the crown or the governor alone. commercially or otherwise interested. or the act constituting the council. with his reasons for refusing to propo se it. which became law. all others may be adopted. July 25. 1827. to terminate 1836. Adey). although previous duties are confirmed. it was intended to avoid a collision of opinion between the high functionaries of government. which the governor must lay. ex-officio they are magistrates. 52. in criminal cases. all statu tes in operation at the date of the act were applied to the colony. establishes a military jury alon e: challenge is allowed for direct interests. were eligible for membership. and has a deliberative and casting vote. and magistrates may act in default of commissioned officers. A member may draf t a bill. The British legislature. All persons. p.The History of Tasmania. The partizans of Arthur ridiculed the plan. drafts of acts are gazetted. and it was assumed the British government would readily attend to representations emanating from such a source. But the local council is authorised to institute trial by jury.

] 75 .[Footnote 153: May 20th. 1826.

in consideration of his enterprise. The assessors fixed 25 per cent. and added. was sued for a debt. The thieves entered at night. Montagu. explained the absolute power and stringent responsibility of a captain in the management of his company. Mr. who was transported for forgery. Mr. and the rifled chest was found hidden under a tomb in the adjacent burial ground. Under the former act. calculating that £120 currency would be required in London for the £100 sterling. claimed the interference of the court against the attorney general.The History of Tasmania. and his Excellency Morgan M'Murrah . the attorney general could refuse to file a bill. It was deemed proper to give a high compensation. The chief justice. fr om which the doctor was released by a writ of habeas corpus. Three persons. and felt interested in his welfare. East India Company's ship. who espoused the quarrel of the captain. except in felony or capital prosecutions.400 (1827). a gentleman commissioned by the Asiatic Society to conduct the scientific enquiries the voya ge might favor. Montagu. Jennings. who had been a passenger with the debtor's wife. and the attorney general was bound to indict. This opinion became known to the captain. to cover all losses. and sentenced Dillon to fine and imprisonment: the latter was remitted. This . and exercised this discretion in a case of libel. and led to the assault and imprisonment. a solicitor. Volume I SECTION V. the discoverer of the relics of La Perouse. The public treasury was robbed of £1. of the Research. while the sentinel was on guard. The plaintiff paid £112 currency for £100 sterling. He was prosecuted for assault and false imprisonment by Dr. at the expense of the merchants. but Mr. the crown prose cutor was not in his place. Captain Dillon. and the sentinel. and discourage a careless issue of bills. Cartwright v. visited Hobart Town. called by Dillon Prince Brian Boru. confined to his cabin. among whom were two. Tytler. in pronouncing judgment. were tried for the offence. Tytler represented his fears to the second in command. both to solace for disappointment. When Jennings attempted to enforce the agreement. stayed proceedings by verbal guarantee. He was seized." The judge decided that the attorney general was not bound to sign a bill of indictment against. "I know how to defend myself against a person ten times more able or wicked than yoursel f. The new law authorised the court to permit an information to be exhibi ted by any person. threatened with the lash. and Dr. Mulgrave. and offered to grill and eat the unfortunate physician. The indemnity due on a returned bill of exchange was decided by the court ( 1826). The jealousy and violence of Dillon strongly indicated insanity. Montagu replied that he was more to be affected by the sun than the w ind. or to p rosecute himself. and guarded by New Zeal and savages. and the sum has been allowed by the supr eme court on all similar cases to this day. Savery. but on the second day. on a friendly suit.

Mr. and he directed a verdict of "not guilty" to be entered. on a presumpt ion of guilt. Gellibrand. he appeared in Van Diemen's La nd. The case of Isaac (Ikey) Solomon. maintained that the writ had been imprope rly granted. im plicated in the same transaction. the su preme court granted a writ of habeas corpus. while the court and prisoners were watch ing the door of entrance. A short time after. The patience of the judge gave way. The crown relieved the treasurer from his responsibility for the loss. and without examination transmit a person. The judge admitted that the boasted liberty of the subject would be a del usion. directing the arrest of the fugitive. Towards the close of 1829. A warrant. were such powers vested in the local authorities. enclosi ng an affidavit of Mr. a noted receiver. to wh ich Mr. A consultation was held at the secretary's office. that on the face 76 . under the name of Sloman. who declared that the instruments forwarded were insufficient. and applied for his wife as an assigned servant: to this the governor co nsented. was addressed by the secretary of state to the governor. howeve r. Gellibrand was invited. the governor of Newgate. or to solve the difficulty of a case so new. he w as unable to find a precedent. over half the globe. escaped from Newgate. was transported. On the application of Mr. was issued for Solomon's capture. This man having been committed for trial.truant lawyer was enjoying a breakfast. but his wife. After a lengthened research and repeated hearing. and he was lodged in gaol. and the question arose whether a colonial secretary had power to act under instructions from the secretary of state. occasioned a long discus sion of great colonial interest. the attorney-general. Montagu. Wontner. but transmitted to England an account of his presence. a letter.

On a trial of Salmon and Browne. From an early date. the chief constable. They disagreed on their verdict. recalled by the sheriff. The arrest went to the foundation of persona l freedom. and executed on the Monday following. and that Mr. and after three days and nights resistance he submitted. Capon. the colonial secretary. having no do ubt of the prisoner's guilt. and desired proof that the secretary of state could grant a warrant without sworn testimony in cases of fel ony. "I will not. but in 1827. They were. and the governor. that spea king not as attorney general. and one cavalier was robbed of his boots. he repelled such assertions. Their confession left no doubt of their guilt: they had commit ted murder that they might escape from misery. for a murder at Macquarie Harbour (1829). occasional matches were made for large stakes. a stand erected. Burnett. Solom on was acquitted on the greater part of the indictments. The course was lined off." said the reporter. races were reg ularly established at Ross. possessed the same powers. and kept under stricte r watch until the trial ended. and to the complaint of the bench replied with asperity. Lieutenant Mat heson conceiving that the facts did not sustain the indictment. but on the Friday evening several resolved to elope: at a late hour they broke past the astonished constables. During their long consultation the jurors were allowed refres hment. The legal claim of parties to the plunder found on his premises could not be established. ob scured at intervals by foliage. and conveying him to England. determined he should not escape: Mr. Montagu. and the acc essory Salmon--the reverse of the indictment. The riders were equipped in different colored clothing." said he. His co-jurors were unanimou s. Gregson and Hardwicke. Montagu rejoined. to dare to make such observations without repelling them. and returned to their homes. "are fraught with discomfort. were disc ouraged in this. A public dinner followed. however. Mr. In this case there was no danger of mistake. but the waiter was blindfolded. Volume I of the warrant there was no illegality. Amusements of the turf." The caut ion of the chief justice was extremely gratifying to the colony. cut the knot by putting Solomon on board a vessel.The History of Tasmania. which the latter lost. declined to convict. The hats and coats disappeared. who had recently suf fered ill health. the scene was picturesque and animated. but they asserted that the principal was Browne. officially patronised in other countries. On the Saturday evening the men were sentenced. and assumed a power capable of great error and perversion. and his p udding stolen as he entered the tent. refused to argue the question. The chief justice. "allow y our honor. A race was contested by Messrs. "These things. a military jury exhibited that institution in no pleasing form. The adventure was barely successful. however. but as an advocate. and disgraceful in themselves:" an opini . was dissatis fied. or any man in Christendom. and as they darted along. in which about fifty well dressed per sons were spectators. except by his conviction. The chief justice still urged that he had received no assistance on the part of the crown.

shipped by the Clarinda at the Cape de Verde Island. was drowned on the coast. but were resisted by the Captain. were supposed to be guilty of this: more than a hundred and fifty person s perished by their violence. Arthur's name i s on the list of subscription for the family of Captain Laughton. where several suffered. No regulations or punishments could hinder their haunting the tents. or deter them from intemperance and consequent miseries. threw light on her fate.on which time has not shaken. and condemned there. The largest private subscriber was Captain Carne. at Rio. The story of th e capture was long a 77 . to their tendency to excite the prisoner population. Some they cut down. 8° S. and seduce them into disobe dience and crime. They were driven to the port of Cadiz by a storm. on which he could trace the word Cumberland. Some of the pirates propose d that Crew should walk the plank. A ship of war conveyed them t o Gibraltar. A little black boy. of the Bengal Merchant. who having lost his property by shipwreck and fr aud. Captain Crew. Governor Arthur gave twenty guineas. who had been boarded in lat. others were forwarded to England. and thus fixed the high scale of col onial benevolence. of the Cumberland. but in the year 1828. remembered the pirate vessel as often seen in that port. Captain Duthie. and attempting to negociate a bill they were detected. Happily dissention disappeared in the presence of distress. In what form the Cumberland perished is not certainly known. it was supposed she had foundered. and others they cast overboard. When no tidings were heard of the vessel. Arthur probably had no great taste for such pleasures. which no vicissitude of public affairs has abated. He had found the Clarin da. The pirates chained him to the deck while they robbed the vessel: he saw a bucket. Pirates execut ed in England for other crimes. but he ascribed his unwillingness to support them. not les s unfortunate than Laughton.

1828.] [Footnote 155: Despatch. Volume I standing topic in the unarmed merchantmen that passed her track. 1849. May. even now. he hears with bated breath the fate of the Cumberland.] 78 . FOOTNOTES: [Footnote 154: Report of the Lords of the Council.The History of Tasmania. approaches the supposed latitude. whenev er a strange sail darkens the horizon. As the emigrant .

called the "Birkbeck of Tasmania. Volume I SECTION VI. These efforts languished during the abs ence of the secretary in Great Britain. and to establish a public library and lecture room. Mr. not only the pledges but the causes of final success. two hundred members were enro lled. Giblin. the settlers have often displayed a parental tenderness in educati ng the children of the outcast and the stranger. beyond any person of his day. The public institutions which multiplied at this period. several master tradesmen met to project a mechanics' institute. by Mr. o r who were dead. on steam engines. and the institution was promoted by all classes of society. the chief justice was chosen president. In 1826. they ca lled a meeting of the inhabitants." The members of the government were the board of guardians: the master w as in holy orders. Turnbull. senior: Mr. completed the course. but he contri buted to the intellectual advancement and external reputation of the colony. for the education of youth and the advancement of science (1826)." delivered the first lecture (July 17). James Ross occupied the first place: a man whose n ame will be ever mentioned with respect.The History of Tasmania. however. and Dr. he sometimes sanctioned by his pen what it is difficult to vindicate. A commencement w as made at Norfolk Plains. Dr. This effort was also frustrated. It was placed under the guidance of a committee. senior. In this island the fatherless have fou nd mercy. Such attempts were not. Dr. Mr. It was chiefly designed for the numerous children whose parents were unable to support them. on astronomy. In 1828. but the project failed. In 1830. and a library and apparatus were obtained from England. and afforded protection to many childr en who must have sunk under the influence of a vicious example. and sunk into a private academy. But the establishment of the King's Orphan School (1828) was successful. Ross was the son of a . In the absence of natural ties. For th ese purposes a fund was contributed: twenty-four persons subscribed £50 each on the spot. the former lecturers reappeared: contributions were increased. the government determined to establish a school at New Norfolk. James Wood appointed secretary. The second. Gellibrand their chairman. tended to mitigate the spirit of party. cal led the "King's Grammar School. lost: they were in reality. Attempts were made in the county of Cornwall to form a collegiate institutio n. In 1827. Gellibrand. on chemistry. who had deserted. It was proposed to erect buildings. Among its supporters. on astronomy. James Thomson gave lessons in geometry to a youthful class. but in September. Hackett. 1829. His political career does not receive or deserve unqualified prais e: as a partizan of Arthur. to go vern the college by a directory of patrons. and Mr. organised the inst itution: the governor was invited to be patron. Dr. who having chosen Mr. on the science of mechanics. James Ross.

engrave my vignettes. and in 1830 published 750 copies.560 acres. set the types. He wrote with great facility and copiousness. obtained a large circulation. his newspaper. Dr. Kent. upon the schedule of which he claimed 2 . Ross opposed. Ross retired f rom his literary labors in 1837. and not long after closed his earthly toils. The Courier. Bent had l ost. Sometimes I write three lines of a sentence for on e. He determined to emigrate. but no colonist would question his sincerity. and arrived in Va n Diemen's Land in 1822. and some time employed as a pl anter in Grenada. and dictate at the same time to one or two of my compositors." Here he was vexed with the incursions of cattle. at the same time that I write paragraphs. except when troubled by political anger. He chose his location on the Shannon. adjust the press. He denounced the emigration of the poor. the dread of bushran gers. patronised by the governor. three lines of a sentence for another. but his family kept pace with his fortunes."[156] A genial spirit. "independence of spirit has 79 . I teach my own children. In his last address to the public. In a letter to a friend. which Mr. Wherever Arthur disliked. Sometimes I set up a few lines mysel f.Scotch advocate: educated at Aberdeen University. Ross. and the visits of the blacks. and called his cottage the "Herm itage. and in such case they are rather unfair than bitter. in sup porting the penal system of transportation. usually sparkles i n the writings of Dr. the perfidy of his servants. nine in all. He afterwards established a school at Se venoaks. he said--"I write my articles. he said. where he became an advocate of negro freedom. deprived him of one-half. and he willingly accepted the office of government printer. and Archbishop Whately charged him with baseness. Some error in the shipment of his goods.

published during the heat of a political quarrel.[157] he found himself surrounded by spectators rather than coadjutors. and contemplated a social revolution . in the ab sence of "selfish interests" and personal advantage. mark reader. Henderson. and its establishment was celebrated by a public banquet. On religion. and capabilities of Van Diemen's Land. and his flesh this grave. The governor accep ted the office of patron of the society. with objects more extensive and more ambitious in organisat ion. was projected by John Henderson. Volume I been my motto. is a curious specimen of party spleen. and the gallows. and may be taken as the set-off to his own:--" Here lieth the body of James Ross. Esq. In his accoun t of the institution. and may b e left as his merited eulogium to posterity. produce. a surgeon. his ideas were scarcely Christian: he combined the Brahmin and the Socialist. 1832. Corruption revels in a kindred soil: A carcase fatted on an island's spoil!" An association. April." The members proposed to collect and diffuse information respecting the natural histo ry. fawning. smiling. freedom my watchword." Then follow couplets. A hand-bill. the happiness of my fellow-men my object.. condition.The History of Tasmania. who. It was denominated the "Van Di emen's Land Society. cringing slave. triangles. Dr. which entered into every imaginable department of political economy. mineral worth. as you pass The carcase buried of a great jack-ass: Perfidious. FOOTNOTES: [Footnote 156: Penny Magazine. could not be stimulated to toil. whatever his science. among which are these:-"Beneath this sod. the founder and president relates that. statistics." Such was his account of himself. Hell holds his spirit.] 80 . to rule. His work was an outline of projects. from the hea d-quarters of his foes. a nd the truth of our religion my buckler and consolation. from Calcutta (1829). although it enrolled the heads of departments and th e most respectable settlers. was disqualified by his censorious dogmatism. printer: formerly a negro driver: who spent the remainder of his days in a dvocating the cause of torture.

Mr. not passed in the regular course of discount. The interest of the officers of the government in the Derwent Bank occasion ed complaint. yielded large returns. offered a quantity of shares in the Derwent on liberal terms. The risks. describe d every branch of business as a path to opulence. the relation was disguised. and it brings you a return of 50 per cent. he debited the cash which he employed as a private discounter of bills. Interests alone on mortgage. is 15 or 20 per cent. but it was not dissolved. then. amounting to £2. The limited business car ried large profits. of Calcutta. Dr. liabilities. and that the cash of the consumer would be transmitted t hrough the whole mercantile chain.The History of Tasmania. The Derwent. and they formed a great proportion of the current coin.000. and twenty times greater than the circulating medium. Bank dividends now paid are 16 per cent. The money was refunded. Amongst the large accounts. which were unlikely to be drawn. Prinsep. except a trifling amount. Henderson reck oned the actual profit of the colony at 1-1/2 per cent. 1828. In 1829. per annum: in the whale-fishery. and antipathies of trade. and the purchase of bills.. while Mr. At the same time. and £2. It was rep lied. established chiefly by persons connected with the government. The arrival of considerable investments from India. and prosecution waved.000. Invest your money in wool.500 worth of goods at an advance of 50 per cent. Gellibrand were proprietors. The large imports of English goods. The charter of the Van Diemen's Land Bank having expired. The T asmanian was a private bank. brought rupees into extensive circulatio n. with the ver y best securities. that bills were chiefly multiplied by re-sales. I am beginning to think none so beautiful as the interests of capital. was opene d for business on 1st January. and the increase of promissory notes. signed John Dunn. I only brought down a bro . was established by the merchants of Launceston. 100 per cent. The sudden presentation of an unexpected draft led to an examination.000. At the governor's request. how I am changed!" said Mr. it became a joint stock company. The Van Diemen's Land Bank discovered a singular fraud by the cashier in 18 28. "Amongst all the beauties. Prinsep. a larmed several persons connected with trade. Dunn maintained that the li abilities of the community were dangerous. ten per cent. as afterw ards. being charged upon discounts.000 were found deficient. wit h £10. and a credit over three years bearing 15 per cent. The state of trade at this time wore a deceptive aspect. At a meeting of the shareholders. An advertisement.. of which the Messrs. Volume I SECTION VII.250 in all. with a capital of £20.. "See. the Cornwall Bank. a merchant sold £1. and enlarged its capital to £50. and the facility of monetary transactions increa sed on every side. were deemed unsuited to their duties. a barrister. A glut sometime s reduced the value of merchandise below the London price.

but tempted many to ruin. and many. of the Isis. £1. and its resources remain to be developed. On his return to head-quarters he expressed th e pleasure his inspection had afforded." Such was the bright picture published in Calcutta. until they had not a rood of land t o call their own. should meet with encouragement and reward.000 acres. enclosed and improved. the governor visited many establishments. 81 . anxiou s for the same recompense." and an example of enterprise and skill. the erection of substantial dwellings. whose claims at length absorbed the pr oceeds of their toil. During a progress through the colony. The influx of spe culators postponed the crisis. and the opening of cash credits. and noticed in a public order Mr. and their hire pays my current expenses.ken-winded Arab or two. healthy. upright farmer. Gatenby. an d beautiful estate--two hundred of them already in cultivation.000 will buy a fine. and fences. by grants of land in extension. borrowed. Well assured that his Majesty was desirous that the character of a plain. Money invested in land will be ten-fold its original value in fifteen years. as a "good old English yeoman. £200 will purchase a noble property here.[158] The increase of capital. and dis tinguished the enterprising agriculturist with special favor. he added to this sett ler's grant 1. The whole colony is on the advance. facilitated the o perations of the settlers. To secure the proffered boon the settlers accepted the assistance of money-lenders.[159] The "Gatenby farmers" were henceforth noted as a favored class. and prolonged the delusion. farm buildings. The government rewarded the rapid improvement of estates.

and the average price of wheat at Hobart Town was 8s. At his death. to and f rom Launceston. to found a scholarship. In two years the cultivation of wheat in Van Diemen's Land increased from twenty to thirty thousa nd acres. a "cheap and expeditious conveyance. It was observed the office papers we re deranged: constables were stationed to watch. "His bible. afterwards on horseback. The interior communication was facilitated both by the business of the poli ce and the cheap labor in the hands of the crown. The owner. and hinted that the elder colony was indebted to foreign supplies for its subsis tence. This dearth was followed by two plentiful harvests (1831). the revenue had risen from £30. conveye d on foot. and a sentinel was placed at the door. and their beds left dry. having realised £20. After a few years (1834) he returned to Europe. travelling in a defined current over the cultivated districts. to the amount of some thousands. On the 19th June. and the Van Diemen's Land and Der went establishments each received charge of £10. and his gold his god"--a quotation from Burke. The treasurer was not authorised to retain more than £10.The History of Tasmania. and during two following seasons. whose ordinary ch arge was 35 per cent. He suffered much vituperation. he attributed the successful competition of this country to the superiority of i ts wheat and facility of transit. restored. In declining the project. Rivers were exhausted. The practicability of the journey was then the subj ect of considerable betting. and they were not deemed sure until o ut of the custody of the government. the surplus funds (1831) am ounted to nearly £40. or less with ample security. and tended to avert from Van Diemen's Land the distress. however.000 by usury. and a depression of price.. cut off t heir harvests. he devised a portion of his wealth to Oxford. probably with little comparative justice. 1832.000. which over speculation and scarcity produce d in New South Wales. The treasury was again robbed in 1832.000: notwithstanding a very liberal official expenditure." was announced. . The post of Sorell's time was a private speculation. Cox. During six years. New South Wales suffered a seriou s drought. J. capital had been borrowed fr om the chest without authority.000 to £60. Mr. the money was. drove tandem.000 cash. Gellibrand. E. at the rate of forty miles aday: only one passenger was accommodated. The secretary of state directed the public cash to be deposited with the ba nks. but a withering blight.[160] In 1827. It appeared. highly relished at the time. per bushel.000 of paper." said Mr. at a fare of £5. The sudden examinatio n of the chest by the governor discovered a more serious transaction. This stimulated further produc tion. Volume I The most distinguished money-lender was Sheriff Ferreday. "is his bill book. to check importat ion. The farmers of New South Wales entreated General Darling to establish a corn law. Not only the want o f rain was felt. which increased in severity. No public care could reclaim these funds from their tendency to escape.

400. The number of newspapers conveyed by post in 1832. was 13. p.] 82 . 1832. 102. p. 108.00 0. By John Henderson. Calcutta. 1828.] [Footnote 158: Journal of a Voyage to Van Diemen's Land. 5. as a priv ate speculation. March.] [Footnote 160: Until 1832. Collicott.] [Footnote 159: Gazette. the post was managed by Mr.-Montagu's Statistics.FOOTNOTES: [Footnote 157: Observations on the Colonies of New South Wales and Van Diem en's Land. in 1833. There were nine post stations.

often joined their flight. The early ordinances of Arthur added some new burden. Their stations were in advance of the located districts. The penal character of the colony was constantly indicated in the entire spi rit of legislation. beer. was compelled to leave his lonely home. the lands on which they fed were then called the Plains of Bashan. the losses and annoyances of the settlers were severe. the constab le was permitted to stave and destroy the vessels. and unless the owner could satisfy the magistrate. For the sale. therefore. The unfortunate farmer. The powers of legislation confided to Arthur did not slumber. Few colonial enactments have occasioned more vexation than the impounding l aws. The settlers being acquainted with each other. Their land unfenced. was justly ascribed to the governor himself. when a person suspected as an absconder was expec ted to be found there: whoever engaged a convict. often they were finally lost. whom he chose to fancy a convict at large. were chiefly officers of the government. commo nly austere and encroaching. though in ignorance of his civil condition. even when their ultimate consequences were beneficial. Their immediate aspect was. and the servants usually known to the constables. The herdsmen acquired great skill in tracking and driving the cattle. These deviations from the practices of society in its regular state. Whatever course they pursued. but not commonly. and from their bulk. prevented those practical evil s. Thus a house could be broken into at night. incurred the penalties of "harboring. not only were heavy penalties imposed. in the most important season. were occasionally vexatious. To prevent the clandestine sale of liquors (1827). granted on the belief of any person that ale. was often suddenly visited by a herd of several hundreds: their crops were trodden down. with sadness of hea rt. Volume I SECTION VIII. and devoured in a few hours. When the country was parcelled out for cultivation. The invade rs when alarmed were soon beyond reach. to break open the house and seize the liquor. . and even appeal was prohibited. upon a magistrate's warrant. many days were spent before they were recovered. the country about the Clyde and Shannon was sto cked with numerous herds." Publicans were liable to fines for supplying such persons. even with common refr eshment. but un less paid the offender was liable to perpetual imprisonment. and the discussion of measures was conducted in private. At the accession of Arthur. This ordinance was afterwards mitigated.The History of Tasmania. or spirits were sol d. The council w hich enacted the laws. The interests of the grazier and agriculturalist were at variance. the council authorised a constable. or limited some indulgence. except the pen alty was first paid: one-half to the informer. and attend ed by reluctant laborers travel over many a hill and dale in search of the fugitives. Any man might arrest another. otherwise inevitable. Nor was this the sole mischief: tame bullocks. seduced by the inte rlopers.

and the beast was branded with a heated iron. The complaining farmer was told that he might impound. The constables often corruptly exercised the great power this law gave them: cattle driven to the most distant pounds were not discovered unti l their expenses were greater than their value. now leaning to the right or to the left. This continued the co lonial rule until 1830. Their horsemanship was celebrated: they gallopped amidst the trees--now stooping. D. and were compelled to reduce their herds and increase their expense. avoiding obstructi on and escaping collision with wonderful agility. or driven to market. another entangled the legs. but cattle being ofte n driven to the pound for the sake of the fees. often the accomplices of the bushrangers.'s. but not maim t hem.'s. had made an excursion. The large stockholders were great s ufferers.L. but a troop of horsemen were required for this purpose. In describing their depredations. of different families. Little caution respecting the rights of ownership was observed : several were capitally convicted. An impounding law was proclaimed by Macquarie in 1820. The larger herds belonged chiefly to gentlemen. o r the R. and accused of many crimes. and when exhausted by hunger.L. when probably they were careless rather than deliberately criminal. when Colonel Arthur enacted a more stringent law. were the reckless oppressors o f the natives.L. 83 . they were driven within an enclosure seven feet high.'s. it was said that a party of the E. then turned into the woods. but of the name of Lord. They lived a half savage life. To brand the cattle.and opened many fine patches of country. one man armed with a po le threw a loop round the horns. the ordinance was relaxed by Sorell.

The History of Tasmania. On the destruction of the aboriginal tribes. A tax was imposed. who could influence the police. To protect themselves. The Huskisson Act applied the laws of England to the colony. and capital on such terms must have forsaken the country. Volume I The operation of the law was unequal: the small settler fed his stock on th e rocks behind his location. perhaps to the son of the poundkeeper. The feeli ngs of the community were not carefully consulted. and the cost amounted to £8 or £10 per annum. The incessant complaints in newspapers of the day. a tax was imposed (1830). declared the restriction inoperative. Many hundred were bought f or a few shillings each. the council. By a single gripe these wild marauders destroyed a sheep. from 5s. The aborigines p ossessed large packs. partly prove the severity of the regulation. 84 . from fifty to three hundred. hunted in large numbers. many of the more opulent settlers obtai ned the appointment of poundkeepers. yet it is certain that. It was. of course. to £1 each. False claims of damage were set up. The governme nt paid larger amounts on the deposits of prisoners. in the profits of which they were said to share. and a few minutes were suff icient to strew the downs with dead. where his rich neighbour. The motives of the lawgivers were canva ssed without reserve. and a kind of black mail was levied on the s ettlers to preserve their stock from molestation. in town or country. They were supposed to employ their powers to facilitate extortion. and its operation on the whole beneficial. a subject of reproach to the government. the principle of the law was sound. and this office was held by persons who claimed the highest statio n in the country. were not the limit of lawful usury. and laws in the main useful. while the injury was partial. The constables had summary power to destroy canine vagrants without collars. To prevent the increase of dogs. Large establishments required m any sheep and watch dogs. these anima ls escaped. These ordinances were the subject of endless and angry discussion. therefore. and thus it bec ame a question whether the English interest of 5 per cent. were too often pertinaciou sly encumbered with provisions both irritating and needless. was a competitor. and committed great havoc. among the flocks: farmers lost five hundred sheep in a season. Ofte n his stock were never heard of until sold.

Every minister has proposed some novelty: the regulations of one year have been abandoned the next. deferred for five years. The stewardship of the royal domain has been liable to difficulties peculiar to itself. . 30 acres. The endowment of emancipists with land. and at others with scandalous profusion." and deny them to gentlemen bearing commissions in the army. but it w as deemed absurd to grant the "greatest gifts of the crown to persons who had forfeited their lives. survey a wide and verdant landscape called after his name. The minister. were amplified by others in 1789. an American practice. if marrie d. and the officers obtained la rge and valuable portions. when Commi ssioner Bigge recommended that no grant should be less than 320 acres. and the emigrant who loitered on his way found the syst em changed. anxious to raise the value of crown land. is ever the chief allu rement of the emigrant. but the settlers persuaded the governor. if single. and to provide th em a future home. and sit beneath the vineyard his ow n hands planted. The governor was empowered to shorten their sentences. The distribution of waste lands. 1787. that the intervals favored the assaults of the natives. of equal extent. or 130 acres. he dreams of the day when he shall dwell in a mansion planned by himself. if married. Sometimes they have been granted with ridic ulous parsimony. beside the full average of official injustice and corruption. and convey to each man.[161] was unsuc cessfully revived in New Holland. directed reserves to be made between the allotments.The History of Tasmania. Private soldiers 100. by hundreds and thousands . which had induced him to set forth. These grants were subject to 2s. The imagination of English readers overleaped a tedious interval of labor and disappointment. were offered for acceptance. were the chief ends proposed. The marines who accomp anied the first expedition were encouraged to settle. and 10 for every child. Instructions under the sign manual. per 100 acres. and 10 acres for each child. To detain the convict population. The non-commissioned officers received 130. and came forth to establish their children among the founders of nation s. has been a source of incessant perplexity and discontent. 150. a most important function of colonial gover nors. or the sec retary of state. The dignity and independence based on landed wealth. and the scheme was defeated. and continued until the close of Macquarie's administration. To this common ambition the crown directed its appeals: acres. Volume I SECTION IX. The generous impulse silenced the voice of fear and distrust: they took a last l ook at the sepulchres of their fathers. given to the Governor of New South Wales . dated April. Whatever his rank.[162] Ensign Cummings accordingly received 25 acres! The subsequent donations of governors compensated for this modest beginning. The king's instructions made no reference to the superior officers. 50.

when he surrendered the government. was deemed a sufficient title. Not unfrequently. The governor often permitted the issue of rations and imple ments a second time. 85 . These were exceptions to the general rule.[167] The small grants of land were productive of much real mischief and little be nefit. These notices were rather a protest than an interdict. Officia l holders of land were interested in preventing extravagant grants. the applicant changed his choice.[168] In 1814.One governor conferred a considerable grant on his expected successor. and was r ewarded. more agreeable to many emancipists than agriculture. always in arrear. neglected to measure off the land. and the government permitted the purchasers to consolid ate all such acquisitions into one large grant.[166] and the estates of the greater landholde rs were cleared of "lurchers. howeve r. and migrated from one spot to another. and an order. which lessened the marketable value of their own.555 acres.[163] Macquarie gave Lieutenantcolonel O'Connel and his lady 4. and were so understood.000 acres: 15.000 were given to Mr. to enable indolent or insolvent settlers to till a second heritage. with a similar boon.[164] Sir Thomas Brisbane obtain ed 20. Macquarie issued an order threatening the resumption of grants for non-residence or alienation. 6. They fell chiefly into the hands of spirit dealers.700 acres. to John Blaxland. The survey department.[165] Trade was." who preyed on their flocks. The officers located near them were willing to pur chase their petty farms: thus the small holdings were bought up. Hart Davis. verbal or written.

with eight large pigs and eig hty bushels of maize. a cow. with twenty-five sheep. and then Michael Fitzgerald's. I likewise bought another farm of 100 acres from Captain Campbell for £100. and another farm. 257.] [Footnote 167: "A lurcher is the lowest order of thieves. vol. for £40 per year.] 86 .] [Footnote 166: "A small farm of 30 acres was now offered to me by Bryan: I recommended Mr. a farm of 100 acres. which he did for £40. vol. I then bought 50 acres from Edward Elliot. for £500: the stock. ii. when valued. 1812. I also purchased for Mr. Thompson. for £40. I also purchased for him two others. was worth more than the purchase money. half money and half property. p. and another of 50 acres. I let this farm. for £100.] [Footnote 165: Ibid. one of 25 acres. Cox for £50 and ten gallons of rum.The History of Tasmania.] [Footnote 162: Collins. Hume. and so ld the mare a few days after for £85. an old mare. ten days after. i. for £100. for £35. two fillies and a colt. and by these means squ ared the estate. I then purchased Barrington 's (the celebrated pickpocket)."--Holt. an old brood mare with a colt at her foot. and of Dr. Volume I FOOTNOTES: [Footnote 161: Eden's Discourse on Banishment. of 100 acres. from Mr.] [Footnote 163: Commons Report. another of 30 acres from Thomas Higgins. ] [Footnote 168: Bigge's Report. 137. a nd a young ox. for £45. Cox (of New South Wales) to buy it.] [Footnote 164: Bigge's Report."--Holt's Memoirs. p. 25 acres. Next year (1801) I b ought John Ramsay's farm of 75 acres. for £100.

nor less than 320. for the survey and valuation of crown la nds. One-half this amount was offered. in 1824. conditionally. on the value of the land deferred seven years. Purchasers of land we re now promised the return of their purchase money. at four quarterly instalments. 1826. and rated as their capital. April 26. or having so improved his first purchase. and C ornwall on the north. 1826. valued . to observe the natural boundaries and recognised nominal limits. but their valuation became available so soon as one parish was proclaimed.[169] though occasionally pro ductive of confusion. chief. by expending five times the value of the grant. the convict clause . however. not under the rank of captain. Grants in extension were promised. and redeemable within twenty-five years. value on improved value of an original grant. Buckingham being on the south. one-third of the price deposi ted with the crown. A more ample explanation of the views of the crown issued from Downing-stree t. by a running survey.. at twenty years' purchase. The conditions of sale were the same as in the notice of 1824. An imag inary line was drawn across the island from east to west midway. to be repaid on their arrival. The names assigned to the various localities are commonly welcome to the British ear. officers willing to emigra te. Additional grants were restricted to such as possessed the means of cultivation. and formed the basis of subsequent regulations. assistant commissioners. One half the value was to be spent in improvements. on the same conditions. The secretary of state. on which five times its value should be expended. 2-1/2 per cent.650 acres. 9. letters patent were issued. The parishes were to contain about twenty-five square miles.[170] The colonial-office published. Van Diemen's Land was divided into counties by Governor King (1805). They were instructed in delineating counties. constituting Edward Dumaresq. Volume I SECTION X. On this task they w ere ten years employed. that during ten years they could relieve th e crown from an expense ten times its amount. the conditions on which land would be granted: the notice contained eighteen clauses.The History of Tasmania. In 1827. at a discount of 10 per cent. The parishes were to be surveyed. and subject to a quit rent from the date of issue. gave them a title to free g rants. or. when convicts were not attainable. the settler was permitted to buy a second at half price. were permitted to sell their commissions. rated each £16 annually. By an order published at the Horse-guards. In 1826. and parishes.600 acres was the maximum allowed one purchaser. a nd Roderick O'Connor and Peter Murdoch. in the redemption of quit rents. on pain of forfeiture. and sold: for cash. one-half the quit rent would be extinguished. Free grants were offered to emigrant capitalists: not more than 2. hundreds. by the employment of convicts. Macquarie made sections more minute. a quit rent of 5 per cent. or credit. reserved a discretion in special cases.

but they gave bonds for residence and non-alienation during seven years . for fifteen years. proportionate to their "mean s to bring the same into cultivation. for ten years. exceeding 500 acres. upon a grant of 500 acres. Earl Bathurst suggested to the commander-in-chief. borrowed for the purpose.was withdrawn: the settler was required to produce £500 capital for each square mi le he claimed. A considerable breadth. were issued in four years en ding 1831.. to obtain the 87 . and of seven. or until. stating the terms on which free grants might be engaged. were lodged in the banks to the credit of an applicant. and an order for a grant. Their references being satisfactory. that it was desirable to promote the settlement of naval and military officers in the colonies. More than five hundred grants. and persons witho ut capital were enabled by monetary loans to deceive the governor. of ten. directing that land should be given them. those of fifteen years s tanding. t hey received a letter to the governor. was parcelled out among several settlers. hired for the purpose. in 1827. Dollars. valued at 5s. for twenty years. Circulars were accordingly issued from the Horse-guards and Admiralty." For some time." Persons intending to emigrate usually appl ied to the secretary of state for permission. The act of parliament[171] authorised the subjects of Great Britain to visit the settlement of New South Wales "without any license whatever. The extent of their grant w as made to depend on their capital. and to the lord high-admi ral. in virtue of a single bag of dollars. Officers of twenty years standing were exempted from quit rents. both civil and military. These offers drew a large number of settl ers. comprehending a succession of va luable farms. Fictitious schedules of property were sometimes presented. the settlers for this colony were obliged to visit New South Wales. £25 were expended.

Somerset. Cornwall. some entered on lands prov isionally assigned them by the lieutenant-governor. "Try Van Diemen's Land. Cornwall. but were in danger of being dispossessed by an applican t at head-quarters. Devon. he would scarcely find a spot within an acc essible distance unclaimed. 153. To avoid the expense and delay.] [Footnote 170: The writer was present when a newspaper was delivered. Monmouth. Such as we re too dull to comprehend this process of discovery." It was conveyed to England. Southern. usually went out in search of a home. distrustful of reports. Glamorgan . Westmoreland. but found himself unwelcome as a neighbour. FOOTNOTES: [Footnote 169: Counties in Van Diemen's Land. The newly-arrived emigrant. and the stores by the issue of rations. A present of suffici ent value removed many such obstacles. Volume I requisite permission. He was received with hospitality as a guest. Often. Cumberland. Dorset. or ignorant of the natur e of the country. direc ted from Sydney to "Launceston. but such as brought orders from the secretary of state. Buckingham.] 88 . cap."] [Footnote 171: 53 Geo.The History of Tasmania. Northern. often lost much time in unavailing toil. "All that is mine!" was the common answer to his enquiries. Midland. Kent. and gave the wanderer a clue to a desirable resting place. power was conferred on the lieutenant-governor to locate su ch as might arrive. Pembroke. and when the h erds were exhausted by loans. Applications from residents were received only at stated periods. where the Cornish postmaster wrote. were accommodated at once. To obviate these evils. iii. were indefinitely postponed. after long travel.

The History of Tasmania, Volume I SECTION XI. Sir Thomas Brisbane,[172] to facilitate the employment of prisoners, require d that the grantee should, for every 100 acres of land granted, enter into bonds to employ one convict for the term of his transportation, or the average, ten years. By receiving a second convict for one year, he was promi sed a bonus of a second 100 acres. This condition was a serious obstacle to the ready sale of location orders. It was not, however, unnecessary: many casual visitors and masters of merchantmen obtained grants, wh ich they sold instantly and cleared a considerable sum. Land speculators were greatly disconcerted by the in cumbrance: many were anxious to throw up land orders, and attempted to recover money for the goods gi ven in exchange. A trial (1825), in which Mr. Underwood, of Sydney, was the plaintiff, is a curious examp le of this traffic. The defendant had given in payment for 21 cwt. of sugar, an order for 200 acres of l and; but when the convict clause was promulgated, the land was deemed worthless, and the plaintiff sued fo r £59, the price of the sugar. The judge, however, resisted the claim, and declared that the order had paid for the sugar, although its sale was clandestine and illegal. The occupation of land was considered a sufficient proof of ownership, if n ot disputed within a short period, or negatived by written evidence. To resume a location, as the courts we re then constituted, required the issue of a special commission, and could be only effected through a jury. On a trial, in which the Rev. Robert Knopwood was defendant, Judge Field stated that the conditions of early g rants were practically void. Knopwood had agreed to sell the estate of Cottage Green for £2,000, to Captain Jon es, who paid £1,000 in hand, and entered into bonds for £1,000 for payment of the residue. Knopwood bound himself in a similar penalty to give up the premises when the whole sum should be paid. The widow of Jones sued for release from this bond (1821). The lawyers urged that Knopwood had violated the clause a gainst alienation, and was liable to forfeit the whole. The judge refused to entertain this plea; but set a side the forfeiture as unequal: the estate, according to witnesses, was not worth more than £1,000. The judge strongly condemned the unclerical rigour of the defendant. The celebrity of Cottage Green, now occupied by extensi ve mercantile establishments, gives special interest to the judgment. Efforts to resume land, not properly conveyed, were successfully resisted; and jurors appear to have determined, at all times, to deny a verdict to the crown. In 1824, in an action for intrusion (Rex v. Cooper), the jury delivered a verdict, that "the defendant had obtained possession in the usu al manner." The judges asserted that no title was good, except such as passed under the great seal. A locatee, i n an action of ejectment (Birchell v. Glover), who possessed from 1811 until 1823, was supplanted by a pe

rson in 1824, who obtained a grant: the judge directed for the defendant, but the jury found for the plaint iff. A similar case (Martin v. Munn, 1833), was tried three times with the same issue. The judge directed, that although long occupation by the plaintiff were proved, the grant to the defendant was a virtual resumption b y the crown: this the jury considered inequitable, and found for the original occupier. The trial of a cause in Van Diemen's Land (Terry v. Spode, 1835), led to the exposure of a fatal error in land titles throughout the colonies. Spode had claimed and taken possession of a portion of land occupied by Terry, who brought an action of ejectment: the jury gave a verdict in his favour ; but it was stated by counsel that both grants were "defective and void in law." This error had been discovered by Mr. Alfred Stephen (1829). The secretary o f state was consulted, and authority received by Arthur to amend the form. The royal instructions had autho rised the governors to grant lands, which they had always issued in their own names, instead of in the name o f the king. The judges stated that in every case, whether of a subject or the king, a conveyance must be made in the name of the owner, and not of the attorney. These grants were, therefore, utterly void. In New South Wa les the defect was cured by special legislation; but in Van Diemen's Land every grant was subject to an orde al. Those already issued by Arthur had been legally worded after the defect was discovered; but the governme nt of New South Wales continued the invalid form, until the judgment of the court led to its revision. [173] The importance of settling the titles to land was universally felt, but the difficulties were not easily 89

The History of Tasmania, Volume I overcome. Prior to 1826, the Van Diemen's Land grants were drawn up in New South Wales. They were full of errors of all kinds: the boundaries, quantity, and names were mis-described; the land intended for one man was conveyed to another; inaccurate charts, on which grants were marked, multipl ied mistakes; the surveyors ran their chains over the land, and marked off five or six farms in as many hour s. They erased and altered their descriptions: accurate measurement discovered that many were without a title to the land in their possession, or that their grants were partly occupied by a next neighbour. The dates of thes e instruments were often arbitrary, yet they bound to cultivation and non-alienation, and often within ye ars already past. Some printed forms contained stipulations not applicable, and became inoperative on the face of them: they described hundreds of acres in excess, but stated that those beyond the king's instruction s, should be taken as not granted at all. When Mr. Alfred Stephen pointed out the defect in form, the government conce aled the mistake until the king granted authority for correcting the error by royal warrant, received in 18 30. It now became necessary to ascertain disputed titles. It was proposed by some to establish them by a genera l act: against this course Mr. A. Stephen protested, and pointed out consequences, that proved his objections were just. Many of these illustrate the idle and fraudulent manner in which the public business is often transacted. A grant issued in 1823, gave one side-line 32 acres, written over an erasure. An investigation took place: a record book kept in Hobart Town shewed a similar erasure. The same entry had been preserved at New South Wa les, and there it was 22 acres: the holding party was innocent; but his title was invalid. Still more ext ensive erasures were discovered in a valuable property; the entire description had been changed and another subs tituted. At Richmond, two persons selected land adjoining each other: their grants had been exchanged, and he who was thus deprived of the most valuable, resorted to a chancery suit for its recovery. At Norfolk Plai ns a great many farms were located and occupied for a number of years. They commenced their measurements fr om opposite points, and each farm gradually approximated. When their lands were surveyed by the grant de eds, every owner found that his side-line advanced upon his neighbour, until at last the central propri etor saw his estate absorbed. In Oatlands, two properties were measured according to the common practice: the sid e-lines were guessed at; one cultivated, and the other sold his property; but when measured, the improver of his estate discovered that his homestead, and nearly one hundred acres of his land fell by description to h is neighbour. At Bagdad Rivulet, a surveyor measured eight grants adjoining. All the beari ngs given in the grants were mistaken: to adjust them, one would lose the back of his farm and take his neigh bour's, who would go on the next location and obtain a well cultivated farm. To have confirmed all former titles would have been obviously unjust. In 182

3, a location was given, but abandoned. Sorell advised a settler that came after to take the land, which he d id. For fourteen years he lived there, and spent £3,000: the original owner re-appeared with a Brisbane grant, as a claimant of this property. Colonel Arthur adopted Stephen's recommendation in 1831, and announced in t he Gazette, January following, its approval by the secretary of state. All existing grants being invalid, the settlers depended on the justice of the crown to perfect their titles. The royal warrant of the king authorised the renunciation of claims founded on t he informality, and deeds drawn in the king's name, containing the same conditions as the governors' grant s, were offered at 5s. Now, however, the grants contained a true description of the land, and the name of th e rightful possessor. The loose system of conveyancing, formerly expressed rather the intention than the act of transfer. Property had been subdivided, especially in the town: these parcels, however small, were now conve yed direct to the actual owner, subject to their proportion of quit rent. Possession and reputed ownershi p, were taken as a title. Those whose property was in excess, or less than their description, had their proporti on of quit rents adjusted. The governor threatened with resumption lands obtained by exhibiting false pretensio ns to capital, or alienated before the period prescribed, or by collusive sheriff's sales. Oblivion was gran ted to breaches of conditions, when not fraudulent, on payment of 6d. per acre fine. Commissioners, James Simps on and George Frankland, Esqrs., were appointed to carry out this admirable plan (1832). An act, constituting the caveat board a court of equity and good conscience , was passed in 1835. The gentlemen who framed it held the board, "in the sacred light of a court," althou gh the concurrence of the governor was necessary to render its decisions valid. Commissioners were appoint ed to examine on oath. They were empowered to obtain a verdict from a jury in a special case: by appeal ing to the judge of the 90

The History of Tasmania, Volume I supreme court, they could submit a feigned issue for trial. In clear cases, howe ver, after three months' notice, they were permitted to adjudicate. The decisions of this board have usually sati sfied the public: they have been nearly always confirmed, and have prevented boundless litigation.[174] Many surveyors were employed, who acted in the several districts (1838). The survey of 100 acres was effected for £5, of 2,000 for £20. The list of locations being published, the survey or-general held a movable court, to identify and arrange the boundaries. It was part of his duty to mediat e between the contending parties. These preliminaries being settled, the commissioners issued grants to s uch as made good their claim. The proof of intention on the part of any officers, by custom entitled to gr ant occupation, has commonly barred the rights of the crown; but for this, a large amount of practical injust ice must have been inflicted. Such was the only form in which grants could be distributed, when the country was jus t occupied, and the science of mensuration and accounts almost unknown. To this, the case of the heir-at-law of Major Abbott is nearly a solitary ex ception. Being about to retire from office, Major Abbott applied for a reserve of 210 valuable acres at Launces ton, and 3,000 acres elsewhere. On the recommendation of Sorell, then lieutenant-governor, who stated minutely the land desired, Sir Thomas Brisbane ordered the ground to be marked off as "crown reserves:" and Sorell, being just superseded, wrote on the order with a pencil the name of Abbott. Several persons at Launceston regretted the alienation of land useful to the township, and petitioned accordingly. Their vie ws were favored by Arthur, and the claim of Abbott was supported by Sorell. Lord Bathurst ordered the grants in question to be given. Arthur, however, again appealed, and the decision in favour of Abbott was cancelled; but the 3,000 acres, reserved in the same terms and at the same time, were confirmed. Major Abbott through life m aintained his right to the Launceston reserve, and devolved its prosecution on his son; for twenty years he contested his right with the agents of the crown. During the litigation its value has ranged from £2,000 to £8,00 0. On an appeal to the secretary of state, Lord John Russell referred the claim ant to trial by jury. He erected a house on the ground: this a chain gang was employed to destroy. He brought his a ction for trespass, which the law officers met by a demurrer. On his application for a deed of grant, a caveat was entered by Major Wentworth. Two of the commissioners decided in Abbott's favour, and the third, D r. Turnbull, against him. The usual course was to issue grants on the decision of the major part: this the governor refused, and the case was once more referred to the secretary of state. In 1849, Earl Grey declared th at the governor had exercised a sound discretion in refusing the advice of the caveat board,[175] and thus final ly negatived the claim. The intention of Sorell in favour of Major Abbott is clear: the provisional reserve of the land in his behalf is clear also. The views of Sir Thomas Brisbane are not so indisputable; but the

y probably changed on a remonstrance being offered by Arthur. The official answer to Sorell's applicatio n was a description of the reserve solicited, unaccompanied with demur or question: it was understood by So rell to mean approval; and, but for subsequent interference, a grant would have issued of course. Where no c orruption can be suspected, actual or ultimate value is certainly no equitable objection to perfect a claim founded on the custom, and created by the authorities of the time. Except the grants claimed under the Downing-street regulations, lands were b estowed at the discretion of the governor, to the extent of 2,650 acres. Many received still larger quantitie s at different times. The arrest of robbers, the cultivation of flax or hops, the capture or conciliation of the abo rigines, and losses by fire, were occasions for the governor's benevolence: other and less respectable causes were attributed, and scarcely require enumeration. The large discretion of the governor was asserted by Sir George Murray. Mr. Hall, the editor of the Monitor, had been refused a grant by Darling, while others were freely indulged. He complained; but was told by the secretary of state (1829), that the governor could judge most correctly o f an applicant, and that his decision would be usually held final. The collection of quit-rents has baffled the agents of the crown: at first, the amount was too small to repay the trouble of collection, and for both colonies, in 1824, did not exceed £400 per annum. A large number of grants in Van Diemen's Land became liable in 1831, and not ice was given that payment would be enforced. The settlers of Cornwall, led by Messrs. Bryan, Joseph Archer , and Gleadow, signed a petition to the crown, which complained that the exaction was partial and oppres sive. The governor promised to forward the memorial, but stated that he had no ground to expect that the cla im would be ever relaxed. 91

The History of Tasmania, Volume I Notwithstanding, in 1834, Arthur proposed a composition. He offered a relea se at ten instead of twenty years' purchase, if accepted within one year; without, however, allowing any set -off "for convict maintenance"--equal, in some cases, to the whole sum. In 1836, he proposed to in tercede with the crown to relinquish all claims up to that year, a bond being given by the debtor for the arrears, if required: these offers were but little successful. To prevent a return to this topic, it may be added, that in 1841 Sir John F ranklin offered to mediate for a remission of accumulations prior to 1835, provided all from that date were liqui dated by yearly instalments. The total amount of quit-rent is estimated at £15,000 a-year, including the towns. The collection of quit-rents is a curious instance of dodging--the governmen t to obtain, and the settlers to evade. Those debtors drawn into payment, could demand in equity that the indulge nce granted to defaulters should be communicated to them: they were allowed a set-off in future payments. Those who redeemed their quit-rent were less favored. The extinction of uncertain obligations would be a public boon, if only for their tendency to produce discontent and habits of evasion. The reservations of timber and material, and r ight of road-making, are hardly less impolitic. If the law should oblige a proprietor to accommodate his country, equity prescribes his fair indemnity. A functionary might cut through a settler's estate in malevolenc e, and destroy the approaches to his dwellings, under terms without tangible limitation. In 1831, the governme nt authorised a party to go through an orchard, planted on a Macquarie grant, to enlarge a road to the ferry at Risdon. The owner brought his action, and the assessors gave him a verdict. The lawyers pleaded the genera l invalidity of colonial titles, and thus the right of the crown to resume! In 1824, the roads were thirty feet: in 1827, they were increased to sixty; and the attempt was made to take from a location given under the old rule , the increased breadth stipulated by the new.[176] "A strange rumour," said a colonial editor, "has reached us, that free gran ts of land will be conferred no more." Lord Ripon's regulations were published in London, January 20th, 1831. Th ey were framed to obviate the theoretical and practical evils attributed to the easy acquisition of land; to terminate the prodigality of governors, and the frequent quarrels occasioned by their favoritism; and above a ll, to prevent laborers from becoming landholders, and the tendency of colonists to scatter over territories they can not cultivate. This important change, which excited alarm or exultation in the colonies, was only no ticed in one London newspaper: with such indifference was a system regarded, destined to produce the most important national consequences. Except reserves intended for public use, crown lands were offered for sale to the highest bidders, at the upset price of five shillings, and for the first time, to the usual reservation were added precious metals.

£44. This high average was occasioned by the sale of valuable reserves: 92 . were not displeased with a measure whic h gave a definite value to estates. but against this a provision was made (August. the greater the nominal value of their own. obtained both a country and a town allotment.000 were netted. but obtained afterwards a gr ant in extension for improvements he never made. but among them were several favorite officers of the governor. where no tendency to dispersion had been displayed. that the surveyor-general sold his maximum grant for £1. which entitled them to a remis sion of from £150 to £300. The ready sale of waste lands seemed to justify their valuation by the crow n. were liable to for feiture. An attorney-general not only parted with his property. and a gentleman. were readily indulged. however. 1831). at nearly twelve shillings per acre. bu t was related to several persons of influence. or members of his own family. who greatly disapproved the application of these rules to Van Diemen 's Land. who had not visited the country. They were. and when once the principle was established. It was stated. The lands in the towns were rapid ly disposed of.[177] Lord Ripon's regulations disappointed many officers intending to settle in the Australian colonies. and where free grants of land formed the basis of the convict system. In 1832.700. according to rank. to give bonds for residence on the land s o obtained. manfully employed the last hours of patronage. by neglect of the conditions. and all who could prefer a reasonable claim. when none of the cond itions were fulfilled. A large number of persons. Those whose expectations were satisfied.000 acres were alienated chiefly in grants of extension. the higher the price of cr own lands.Arthur. A few grants were bestow ed by the special favor of Arthur: 205. without contradiction. due by the terms of the original grants.

otherwise the w hole of the said land hereby granted shall revert to the crown. to be had and held by him the said A. B. &c. 1822. within the said term of five years. he therefore offered lan d on three years' leases. and the grant hereby made thereof shall be he ld and deemed null and void. should clear and cultivate. shall in no ways either directly or indi rectly sell. quit-rents. free from all taxes.] 93 . B. for the space of five years from the date hereof. some portions at 29s.The History of Tasmania.500 acres of land lying and situate in the ----district." &c. bounded. &c. and it is hereby expressed to be understood that the said A. 1. and exacted the promise to erect buildings of brick or stone. his heirs and assigns. when the system of g ranting lands at quit-rents finally terminated. but this precaution was forbidden by the secretary of state in 1835.] [Footnote 175: Despatch. B. per acre. provided always. his heirs and assigns. &c. I do by these presents give and grant unto A. except at Hobart Town. and also provided always that the said A. Bridger. to be reserved for the use of the cr own. the grantee in these presents named. alienate. and paying an annual quit-rent of 30s. and saving and reserving to government the right of making a public road through such part of the said land as may at any time be required: such timber as may be growing or that may grow here after upon the said lands. The governor complained that the sale of town allotments led to speculation and limited improvements.500 acres:--"Whereas full power and auth ority for granting lands in the territory of New South Wales are vested in his Majesty's captain-general and governor-in-chief (or in his absence the lieutenant-governor for the time being) in and over the said territo ry and its dependencies by his Majesty's instructions under the royal sign manual. the quantity of 75 acres of the said land hereby granted. 10th June. or transfer any part or parcel of the land hereby granted within the said term of five years . In test imony whereof. FOOTNOTES: [Footnote 172: Sydney Gazette. after the term or time of five years before mentioned.] [Footnote 174: It appears to have been followed in the court. to have and to hold fo r ever. for the sale of encumbered estates. Van Diemen's Land. &c. B. and other ack nowledgements. at the usual quit-rent..] [Footnote 173: Copy of a grant of 1. Volume I those of Ross were sold. 1849. which may be deemed fit for naval purposes. The absence of competition for the country allotments threatened to limit the pr oprietorship. or cause to be cleared and cultivated .] [Footnote 176: Bastian v. bearing date respectively th e 25th day of April 1787 and the 20th day of August 1789: In pursuance of the power and authority vested in m e as aforesaid. lately institu ted in Ireland.


on this model. professed to detect the errors in Britis h colonisation. It was once intended by the government to levy a tax on convict laborers. The parishes were not willing to incur the outlay. Thomas Peel. which transacted much business with him while under secretary of state. and many laborers. mocked by being sent with a barley straw fifteen miles a day. For several years previous to this decisive change. Horton himself.[180] The proposition of Sir William Horton led to various projects of private pa rties. Volume I SECTION XII. the premature possession of land by the workman. to convey 10. in furtherance of colonisation. Sir William Horton devoted great at tention to the subject. was compared to a tree transplanted. was the settlement of Swan River. and thus raise a fund for emigration: this project. and many others had no refuge. for a grant equivalent. Grants of land were given to capitalists in proportion to the labo rers they conveyed. impr isoned in pits. and speculation by jobbers. still persevered. whom they were permitted to engage as indented servants. and a bill was introduced by Mr. and to call the atte ntion of the parliament to the march of poverty. He visited various districts most oppressed by population.The History of Tasmania. to prevent the d ispersion of population. Many persons entrusted their capital to ag . and its bran ches unbroken.[179] The int olerable degradation of the poor led to outrages and crimes. and kept standing morning after morning in a public pound. and it was opposed by many who were persuaded that the poverty of the laborer resulted from oppression. A work of Edward Gibbon Wakefield. offered by auction at t wo-pence a day. harnessed to gravel carts. had purchased and re-sold crown lands. and pointed out the meth ods available to an extensive removal. The Canada Company. the fibres of its roots undivided. Three of the four decline d: Mr. pauperism. rapidly improved their condition. and to increase its amount on artizans. A committee of the Commons sat upon t he subject. Four gentlemen proposed to government. The scheme chiefly important to V an Diemen's Land. Arthur successfully resisted. Agricultural laborers were driven from town to town. to collect all the elements of civilisation. who were transferred at th eir own expense to that country.[178] It consisted in selling land at "a sufficient price" to combine labor and capital. Large numbers were transported for agrarian off ences. Such were the scenes which ind uced Horton to lecture through the country on redundant population and emigration. but to obtain deliverance from starvation by less concerted violation s of the law. The minister thought the project too vast. and to prescribe a new and more effective plan. the desire had been wid ely expressed to relieve the parent country by the emigration of paupers. a relative of Sir Robert Peel. and large perma nent resources were discovered in the sale of lands.00 0 persons. tyranny. to authorise the parishes to mortgage their po or rates. Thus a colony. and crime.

and the merchants dispatche d vessels with provisions and cattle: Mr. while they were embarking for the neighbouring colonies. as to a city of refuge: the population.ents. and young women of education were reduced to rags. Thus. 200 acres for every laborer conveyed. No convict s. or any other description of prisoners. were to be sent. from 4. whose flocks ha d been scattered. claimed relief of Mr. By the regulations published at Downing-street (December 5th. Swan River seemed to promise a desirable market. under their broken indentures. and the ruined landholders petitioned the government for a share of convict labour--a boon which the elder colonies deprecated. He was glad to hide from their violence. Van Diemen's Land was injured by the trade. Gellibrand speculated largely. who presented it. were met by competitors who had incurred no s uch expenses. was to be forfeited. On the whole. Many were brought to Van Diemen's Land. Peel. 1828). and the conditions imposed neutralised each other. those who conveyed laborers. decreased to 1. The settler who carried out labour. Peel. f ound his servant desert him to occupy land acquired by the capitalist who carried out money. Respectable families were compelled to perform the mo st menial offices. in a few months not one remained to light his fire. and the minister refused (18 35).500. the returns were no t equal to the outlay. Contributions of clothing were co llected and forwarded by the ladies of Cornwall. but land granted. but the recreant workm en were soon reduced to want. the set tlers were allowed 40 acres for every £3 of invested capital. Of three hundred p ersons embarked by Mr. unless improv ed within twenty-one years.000. Many. and his property destroyed by their desertion. and although sometimes great profits were realised. and obtained a title to possessions they never intended to cultivate. 94 .

Spencer's Gulf. and comprehending many members of the House of Commons. Ma ny hundreds. and its entire opposition to the then prevailing notions of penal labour. 12s. The Tasmanian merchants met them on the shore of the royal prov ince. In publishing their plans. . however. and the discovery of the mines happily realised more than their early hopes. and the various produce of rural wealth. The authors of this scheme imputed serious detects to the plan of its immediate predecessor. the new colony was involved in whatever misfortunes its peculiar plan was supposed to avert. at the expiration of ten years. The appearance of new speculators in the Australian colonies compensated them fo r these reproaches. and no convict ship was to anchor on their shores. seemed to account for its disasters. was projected. the control of the land was to revert to the crown. per acre. the want of combinable laborers. as an immediate and certain reserve. 1834. The upset price was at first £1. where. The low price and extensive holdings. and the property of Adelaide became unsa leable: the frail dwellings were deserted. empowering the crown to erect South Australia into a British province. The advocates of the enterprise lost no occasion to denounce the social condition of Van Diemen's Land and New South Wales. Those who remained turned their land to account: their f locks increased. driven out by poverty. An act passed the legislature on the 15th of August. and individuals realised large profits in the trade. The intended colony was viewed with distrust by the elder settlem ents for the theoretical character of the plan. the minister declined their proposal. The more active partisans of the scheme kept it before the public. originally brought at great cost from Europe. timber for their huts. The company were authorised to borrow £50. It was determined that the pr ice should be sufficient to prevent laborers from buying land. when another colony . Commissio ners were appointed for the sale of land. and the loss was total. settled in the penal colonies.000. Volume I Scarcely were the settlers of Western Australia landed. the population should not reac h 20. scarcely a house escaped insolvency. and the land lay utterly waste.000. Sheep were sent over as the basis of their flocks. concurring in th e Wakefield system of colonisation. the scheme was pronounced insane. but when the arrivals from England ceased. formed the mselves into an association. for a time. and. and applied to the government for the necessary powers. With a population of 50. the company had always referred to supplies within their vicinity. Of the Adelaide traders. and for the conveyance of emigrants. The lands s old by the company were freed from the mineral reservation. After consi derable discussion.The History of Tasmania. and the realisation of their hopes was deferre d several years. A long succession of adventurers raised the value of pro duce throughout the colonies. and the imper fect organisation of its social fabric. they were to obtai n the rights of political freedom. and destined to certain disord er and ultimate overthrow. A body of persons.000. If. and furnish the cost of their emigration.

and Icelan d. and had acquired some knowledge of its quality. but they had fled.An old gentleman. Hume. A mineral collection he made. Several Sydney blacks. This important expedition embarked in a colonial vessel . and intimated they had already experienced injury from the English. however. bu t he was accustomed to say. and landed on the 26th May. was almost neglecte d since the removal of the colony in 1803. T. trac ked by Batman's company. formerly an attendant on a distinguished Germa n geologist. near a plot of forty acres. J. under his care. opposite to Van Diemen's Land. Batman. Switzerland. named Mengè. and accompanied him thither. but little regarded. an application was made by Messrs. who opened a friendly conference. at the time. in the neighbourhood of Western Port. His excursions in South Australia were intrepid." He lived in the cleft of a rock at t he junction of the Gawler and Para. to the amount of £5. Howell. The civilised blacks were now decked with nat ive ornaments. In 1827. on the shore of Port Phillip. They were. and advanced towards the fires of the aborigines. Mr. but in 1835. This project failed. and were perfectly understood. for permission to land stock. called the Australian Penn. and subsisted during his wandering on gum . proceeded to Port Phillip. George F. The natives dis played some apprehension. and his predictions. of whom a neph ew of Arthur was one. The coast of New Holland. Various reports were brought by whalers of its suitableness for sheep farming. His occasional choice of rocks and barren soil excited ridicule and astonishment. "the wealth is below. Edinburgh. had acquired t he English language. acting for certain colonists.000. where he cultiva ted melons of every variety. Gellibrand and Batman to General Darling. not upon the ground. is in the University Museum. and Batman had explored the country in 1824. was the discoverer of its mineral riches. He was employed by Mr. and extended far: he carried a wallet and a hammer. and had travelled through Germany. He spoke many languages. His conversation was visionary. Batman gave them presents of 95 . Angus to sele ct his special surveys. almost surrounded with water.

To correct the evils admitted on the spot. and conciliated their fullest confidence. who warmly concurred in the occupation. The minist er favorably noticed the proposal. who carried his gun. Batman took the spear of the chief." He proposed to sell the land in townshi ps. but observed that those rights had been disregarded in the recent colonisation of South Australia. Governor Bourke wrote to the secretary of state. and their bargains with the natives void. and that it was proper to tol erate the ardour of private enterprise. He then proposed to live among them: the conditions were explained to their satisfaction. and approved the consideration of native rights.The History of Tasmania. except by setting up a government on the spot. the party met the chief of another tribe. The treaty of Penn with the Indians was the model of the covenant with the tribe of Dutegaller. it was found that an illegal occupation of land could not be prevented. This peaceable occupation.000 acres. The ir sheep were rapidly transferred. One series of plans were proposed for New South Wales and Van Diemen's Land. While these plans of colonisation were in progress. now rising into a province. to moderate its course. the colony now opened was occupied by many adventurers. but in their progress they were surprised by an hostile array of the natives. but in the meantime Governor Bourke asserted his claim. contrasted with the cruelties inflicted at Twofold Bay--a whaling station. and the greater portion of the early inhabitants were settlers from Van Diemen's Land. and delivered by the natives in due form. and to obviate the dangers apprehended at home. and employ the proceeds in the public service. sealed. The theory of concentration had been ad opted only a few months before. and gather up its fruits. Lord Glenelg confessed that the scheme of concentration was not of universa l application: that Lord Ripon's regulations were not everywhere desirable. They conveyed a track of 600. and amity was established. The black s of Batman's party called out to them. Some time afte r. the social condition of the penal colonies was constantly discussed. would be to reject "the bounty of providence. for blankets and other objects of native desire. and an annual payment of similar articles to the value of £200. and with the same . Arthur was desirous of making that territory dependent on Van Diemen's Land. Volume I tomahawks and trinkets. The Dutegaller ass ociation was dissolved. The settlement was suffered with reluctance. This deed was signed. and that Port Phillip was within the government of New South Wales. and that to neglect nutritious food. Notwithstanding. that wh atever the general wisdom of concentration. it was determined by the ministers to promote the emigration of mechanics and females. who had heard reports of the white man's liberality: he conducted them towards the huts. more rapid than any example off ered by history. an opposite course was necessary for pastoral wealth. but. and declared t he company intruders. The report of this expedition was presented to Arthur. but not until they had given an impulse to colonisation.

and what class of servants they required. He calculated that a growing popul ation would more than compensate for the cost. T he proceeds of sales were then a matter of conjecture. The notice was received in silence: no public meeting was held. when Lord Howick. The settle rs dreaded the vicinity of small farmers. was not great. and to obtain their full strength supply the means of sensu al gratification. The servants of the Van Diemen's Land Company had generally deserted their employers. Lord Goderich solicited the assistance of the settlers in removing the population whi ch the colonies might employ. the valuation of pauper laborers. but it was the opinion of the secretary of state. addressed the lords of the treasury. and proposed a loan of £10. They were requested to state what amount of money they would engage to afford. and England spare. and to the safety of their flo cks. Such as contributed to the cost were promi sed a preferable claim to engage them. was disapproved by the crown. especially of females. The policy of government required the emigration of free mechanics. the chief object of most persons was to secure a fortune and be gone. and in the colonie s. In defending this measure. on the behalf of the colonialoffice. In 1831. In t his view their lordships 96 . a notice appeared inviting the opinions of the colonists on the su bject of emigration. and contract for public works. and Colonel Arthur was instructed to assign them to masters. t hat these resources should be devoted to emigration.general results. The employment of prisoner artizans by the local government. he had maintained that the high rate of wages would subvert the design of transport ation: the employer would indulge the workmen. by extending the basis of colonial revenue (1831). to be repayed by the land fund. as fatal to the discipline of their men.[181] This notice was on its way. compared with convicts.000. and although some extended thei r views beyond the moment.

and here and there an old soldier may be found. and a benevo lent society was formed to succour the numerous poor. The ordinary revenue was charg ed with payment and collection arising from this scheme. was said to be the main object of his efforts. Backhouse and Walker." The home government resolved to advance £20 to married mechanics willing to em igrate to this colony. They gave the parties the amount. who commuted their pensions for four years' payment. anchored at Hobart Town : the Amelia Thompson at Launceston. who did so. and a commission was instantly appointed. "the calamities of which it was fearful to anticip ate. undertook the selection of the females. They stated tha t the support of 10. The women were nothing superior to their husbands . that the "poor house prisoners. a considerable shipowner. Fry was the most disti nguished. John Hose. they expended their money. was a sufficient benefit for a colony to confer. whose property has risen in value. generally too small in quantity to yield a living. They r equested the sheriff to call a meeting. to carry out the design.000 prisoners. and the proof of their hand-writing was not easy. was app ointed agent. and that he held a low s . with Messrs . but the greater part evaded the liability with success. of which they could not see the end. The governor advised that no laborers." and the "gaol prisoners. During this emigration the supply of labor exceeded the demand. They were i ntemperate and thriftless. was notice d for his singular honesty. of whom Mrs.[183] On their arrival. however. from their unskilled and irregular toil. and sunk into misery. to a competence for his declining life. Volume I concurred. who were expected to sign a warrant of attorne y for its repayment within two years. they received but little praise. To fill his vessels." were equally demoralised. The land they were enabled to acquire was. Marshall.The History of Tasmania. Mr. with mechanics and females. and four members of the legislative council protested against the outlay. but few paid: a Mr. A committee of ladies in London. or to enter into engagements. A succession of vessels. without expense to England. to inform the crown of "their unspeakable sufferings. and the first mo re insolent and uncontrollable. They were commended for their philanthropy and care in England: in the colonies. and passed the voyage in disorder. but the land fund eventually defrayed the l oss. They contended that the expenditure of the land fund out of the colony was to co mplete the mischief resulting from the cessation of grants. and few regarded the obligation as just."[182] The colony was thought likely to afford a desirable home for Chelsea pension ers. should be sent. Their distress excited more discussion than sympathy. To this there were some exceptions. Forty-six embarked in the Science. promising a sum equal to the English wages of a year. Females were expected to repay £8 towards their passage. Many emigrated. except mechani cs. The demand of this pledge contracted the choice of emigrants : many country girls refused to sign their names to a paper. but many were minors. whose reports of their conduct explain their subsequent misfortunes.

286. more subjects of regret than of wonder. and his expectations ridiculous. the fair emigrants. were commonly disappoint ed. The emigrant rarely appears to advantage: the occupation of a new sphere. found that destiny for which nature designed them. The ladies of the colony protected and advanced them. 1. which are not valued until lost. renders his manners awkward. since it was necessary to labor or to starve. are the result of affectation and habit: they 97 . which when substantially true are still exaggerated by fancy. many were girls of tender ye ars. The debarkation of these females occasioned scenes. The extravagant expectations formed by many emigrants. The dis orderly conduct of many made their presence a burden.280 females were brought to the colony in three years. Their feelings were outra ged with ribaldry and insult: they were astounded at their reception. produced a depression of spirits. on the arrival of the Strathfieldsay (1834). and many wept. and their civil condition no great advantage to th eir masters. the comfortless dwellings. the high price of provisions. Yet. The suspicious coolness of strangers. were indiscreetly landed at high noon: 2. and rather more to New South Wales.cale of female morality would not be unacceptable. the greater portion chose the better alternativ e. ending 1835. Thus. with thei r awkward fuel. most of good char acter. fostered by reports o f individual success. remember the day with gratitude when they first pressed the soil of Tasmania. i n which his position is uncertain. only overcome by reason or youth. The statements of the colonial press were often undiscriminatin g and highly unjust: many valuable women were included in these immigrations. and the women of decent habits. whose want drove them from their native country.000 persons awaited them on the beach. and some. But their complaints of after years. whose chief fault was their ignorance. and the memory of home. the absence of conveniences.

| |Reservation of naval| | emancipists. but gave him nothing. | Remarks. | 1821. and went out to commence his labors. the axe was shivered. jealous of rank. | | any person. Free workmen a nd their families formed an intermediate class. He was disheartened by the obstruction of the forest: at hi s first stroke. | Terms. | Date. and official responsibility. The emigrants were not. 6d. If his industry raised him. | | | | | | Governor |January|Quit-rent. 2s. | | allowed to Wales. w hich the habits of colonial life do not extinguish. amounting to 7.000 for both colonies. A curious instance occurred at an early time: a settler took a location orde r and provisions. the great bond of his system was broken. on the whole. |100 acres only to manual to |and | grant.The History of Tasmania. he yet retained the sympathies of his early life: he remained distrustful of the rich. Trial by ju ry. found earnest advocates. over governors of |1789. and the subservience of transportation to their material prosperity. and returned home in the vessel that brou ght him out. ---------------+-------+--------------------+---------------+-----------------Authority. and forget that in the midst of those scenes they profess to regret. 2s. | Superseded. inferior to other persons of their edu cation and calling. free | | | | settlers. where they had often been mere rallying points of personal discontent. This emigration. after | | | | ten years. | | | |Quit rent: | | | | emancipists. legislative assemblies. -------DISPOSAL OF CROWN LANDS IN NEW SOUTH WALES AND VAN DIEMEN'S LAND. Volume I pretend to have sacrificed a lot. | usually leased at . |1. and were often justified in resisting the tyrannical spirit and disposition to oppress. and fond of the equality of human rights. |Town allot ments Macquarie. |Cultivation and | | the quantity New South | | improvement. The individual importance of employers consoled them for their political dependence. All this was foreseen by Arthur: when free laborers were intruded by the cro wn. he threw it down in despair. reconciled them to the restrictions it imposed. per |November 30. | | timber. whose interests were hostile to a penal government. they often wanted a meal. is an epo ch to be remembered for its influence on their fate. from which in reality they escaped. and to b ond labor in every form. ---------------+-------+--------------------+---------------+-----------------King's sign |1787 |Residence on the |1810. | | | | per 30 acres. The free workman found it an obstacle to his advancement: it depressed his wages and debased his position. per | | | | 100 acres. 1810| 100 acres. These events revolutionised the social state of the colonies.

Allotments | highways. | | were granted. | | were occupied at |Non-alienation in | | Launceston on | five years.-98 . | part) in five years| | quit rent 30s. 7 only | timber. |Reservation of naval| | per acre.| | | | | | | | | | |Cultivation of a | | Hobart Town for | proportion (20th | | twenty-one years. |Right of forming | | 1820. | | permission of the | | | commandant.

| | |||| |1823. conveyed in | | 99 . 1824| | | with a convict |Notified in Van| | | servant. | sale. | obtain no convicts. | clause.. | |20. | |Quit rent 5 per | | | | cent. | | | established. | within three | | years. |11. | | | | | | Governor Arthur|1828. | | | | | | Colonial Office|1824. one-half | | | | left on mortgage | | | | for twelve years. | | | | at 5 per cent.| | | | allowed abatement | | | | of half quit-rent. |Settlers who could | | |1826. given or | | | | sold them. in | on specified | | money repaid. | | | | | | Colonial Office|January|Order: all land to |August. who | | | | should expend five | | | | times value of the | | | | grants. on | | | | condition of | | | | cultivation. | | for 18 months.The History of Tasmania. value. |Land Board |January 20. | every 100 acres | November. |Convict clause |Convict clause |Town lots granted | | inserted. | | | | Governor |July |Omits cultivation |Colonial | Brisbane. |Grants liable to | | | | quit-rent of 15s. | | | | £500 for each | | | | square mile granted| | | |Land sold at highest| | | | tender. upset price | | | | 5s. | | |||| |April. 1825| | | indorsement on some| | | | grants. 1827. or for the | | years. | |1822. and | | redemption of quit | | non-alienation | | rent. This was | Diemen's Land. | | | | per 100 acres. | | | | or a new purchase | | | | at half price. | be sold by public | | |1831. | | | |Precious metals | | | | reserved. | 1831. of | expenditure | | claimed within ten | notice. | | | capital required.| | | cancelled by | 18th May. Purchase | withdrawn. and saddles| Office. 1838. Volume I | | | | Bigge's Report. if | 3rd edit.

135.] [Footnote 184: 1845. Richard Wil lis. p.The History of Tasmania. | | | | | | Colonial Office|August. Charles M'Lachlan.] [Footnote 181: "We are much mistaken. See Life of John Galt. if the letters addressed to the secret ary exceed six. | | | |||| |1842. per acre.] [Footnote 180: Edinburgh Review. 1849. 1832. | | | |Precious metals | | | | reserved. as to V an Diemen's Land only: which returned to the status of 1787.--The Act 5th &6th Victoria. Volume I | | fee simple at a | | | | peppercorn rent. was claimed as his own by Galt. vol. ii. chap. 1833. repealed."--Launceston Advertiser. and appropriating the procee ds to emigration.] [Footnote 183: Backhouse's Narrative. and | | | | indigenous produce | | | | for public works.] [Footnote 178: England and America. and they are written by the paid magistracy. |1845. the novelist and projector. | | 1838.] 100 . 1836. 36. |£1 per acre.] [Footnote 182: Protesters:--Charles Swanston.[184] | ---------------+-------+--------------------+---------------+----------FOOTNOTES: [Footnote 177: Report on the Disposal of Crown Land. |1842. John Kerr. October.] [Footnote 179: The plan of selling crown lands.|12s.

unless it was agreed to restore the dollar bags to the state before the war. In the end. a merchant. In 1837. The resources of the English en abled them to vex and contract the sphere of the colonial establishments. and carried away the dollars in e xchange for notes. Trea sury bills were no longer the cheapest remittance.The History of Tasmania. with a capital of £1. Of the Tamar Bank. the manager of the Tamar. that the repayment was intended to be made from profits the colonies would divide with the London c apitalist. but had treasury bills becom e a legal tender. To this it was r eplied. Philip Oakden. which. Volume I SECTION XIII. of Launc eston. These local relations were not without their advantages: the y enabled the banks to extend accommodation beyond the ordinary usage of companies subject to more extensive a nd complicated interests. which was exceedingly small compared with its discounts and issues. It was incorporated in 1835. The chief objection to these banks was their tendency to create a class of absentees. Every morning. The capital was desired by those who had occasion to borrow. the Union Bank of Australia. the agent of the Lo ndon took a wheel-barrow to the Tamar bank. At Launceston. The parties concerned were more frightened than hurt: no serious injury was intended. The announcement of the "Leviathan. under the auspices of Mr. whose revenue withdrawn from the colonies would add nothing to their welfare.000. This institution was formed in England. however. they could have redeemed their own notes by their payment. To this it was replied t hat. that the amount was subscribed in one day. first gave warning. time was given. The outcry o f the local banks reached the legislative council. the manager first drew largely on the current coin. With such spirit was the project accepted. and thus recovered the coin whic h found its way into the coffers of the stranger. afford ed much sport to those not deeply interested. By granting bills on London at par. except for . and dre aded by such as were interested in lending. created the usual amount of discussion. An act passed for the purpose. The superior strength of the Australasia soon brought the contest to a crisis. that such must be his course. divided th e field. and commenced operations the following year. and an offer made to discount a bill fo r its accommodation. and it was proposed to make a treasury bill a legal tender.000. attended by an armed guard. He. Gilles. 20 per cent. The increasing population of the Australian colonies led to important chang es in their monetary institutions. shut up his books. the Tamar had exceeded the just limits of its capital. and M r. perhaps. but was never called into force by proclamation. the quarrel between the Australasia and a local bank. only had been paid on its cap ital. Hitherto the stock employed in banking was supplied by the merchan ts. or invested by East Indian capitalists. and the disposition to purchase them declined." as the Bank of Australasia was called.

101 . expressed his antipathy to the London bank. These were his views of finance. could not be obtained. He asserted that the p roprietary. while the local banks were colonial in every sense. an absentee body. and they were characteristic of the time. The last business address of Arthur to his council. had no interest but their own to regard. and his hope that the monopoly attempted would not be successful.his assistance.

which history will preserve t o the latest period of time. The excitement of the campaign against the b lacks (see vol. and for nearly two years no gaol delivery had occurred at Launceston. Kemp . and brought all parties together.The History of Tasmania. and who was described as the "honest barrister" by the admiring pres s. Sams. that the tri-color was mounted by more ardent politicians. Pedder chief jus tice. The delay was still further extended by the issue of a new charter. charged with cattle-stealing.) had absorbed political animosities. The struggle for parliamentary reform agitated Great Britain. when they were both acq uitted. The supreme court had be en closed for many months: the business of the legislative council detained the judge and attorney-general from their proper functions." The object of the movement was to bring under the royal notice the government of the colony. with much solemnity. Smith. Baxter." said the learned civilian. father and son. It made no provision for continuing process begun in the lat e court. Gregson. and he was disgraced in the eyes of the public by domestic differences: his wife . none were so conspicuous as Mr. rippled on these shores. Hewitt. Mr. had been two years awaiting trial. who was proceeding to Great Britain. Whether it ever reached the throne was a ma tter of dispute: some said it had been committed to the deep. and a legislative assembly. yet during their detention domestic calam ities of all kinds had overtaken them. ii. A meeting was called by the sheriff. The petition to the king was entruste d to the custody of Mr. and Alexander Macduff Baxter. and Lowes: of these. Meredith. who disregarded its fate. and the principal speakers were the G ellibrands. had been attorney-general of New South Wa les. So lively was the interest i n the affairs of Europe. Volume I SECTION XIV. but by this ti me the popularity of the governor was spent. the puisnè judge elect. Crombie. no doubt I shall be crushed. "is to be brought into operation. and the colonists determined to attempt the recovery of their rights as Englishmen. afterwards puisnè judge. puisnè judge. others. His relations with Darling had not been cordial. The evidence against them was of the slightest description. Jennings. F. "If crushing. "The glorious 23rd of May!" Such was the day and month of 1831. separated b y those who witnessed its achievements to everlasting renown. and to demand trial by jury. w hich had scattered thrones. that it had passed from the messenger to the hands of a merchant. and required colonial legislation to cure the defects of its details. Abbott. This charter arrived 1831: it nominated Mr. and wit h the usual incaution of the secretary of state. Dunn. It obtained no reply. Let them crush me. The last wave of revolution. Lascelles. Thomas Horne (a relative of the great Hor ne Tooke). The colony had just reason to complain at the time. Two person s. Cartwright. and they will associate my name with the record of this meeting.

In 1834. maintained the popular cause. and remains among the la ws. which was expre ssed in strong terms. if possible. On his arrival. he was bound over to keep the peace.[186] The reformers were not disheartened by their failure: they assembled again t he following year. thus constitu ting the court of one.was insane. pronounced by the lawyers a piece of "doubtful and dangerous" legislation. and he himself was intemperate. and passed an act. Occasions might occur. and they conducted him to beggary. The act of parliament. by which the clause of the charter requiring two judges was expunged. Just before he left Sydney for Van D iemen's Land. and was declared insolvent. the royal wa rrant for his induction had not reached the colony. authorised the measure: the council had power to repeal or annul a patent. reinforced by many important ac cessions. 102 . and the nce to Great Britain. where he died. Baxter ascribed his ruin to his grant from the crown: he employed p ersons to look after his estate.[188] Mr. when the course of justice would be arrested in a small community by requ iring many officers to constitute a court.[185] The lieutenant-governor resolved.[187] at the request of the Hornes. The act was approved. and the Gregsons. it was renewed with still more earnestness: the former parties. however. to exclude Baxter from an of fice which he could only dishonor. until the pleasure of the crown were known. The effort was unavail ing. the Gellibrands. Mr. Repeated disappointments excited some bitterness. Thomas Horne reminded the home government that they would make "a dissatisfi ed and turbulent people. and after some delay he returned to New South Wales.

L. and of philanthropy. The rest were chiefly settlers. These appeals to the British legislature were commonly accepted in silence: by the crown they were gr aciously received and forgotten. worthy his kinsman. and the discontin uance of penal coercion. and gaol expenses on the colony. suggested to the secretary of state the imposition of police. was a person of intellectual tastes and lofty spiri t. and deserve a grateful remem brance. whose practice as a barrister made office of little importance. and destined never to rise to any rank among the British colonies. he should have the honor of adopting it. that if the grant of free institutions. Mr.The History of Tasmania. Murray was a distinguished advocate. and his learning as a lawyer obtained him consideration in the court. They had no perceptible influence on colonial policy. of the crown. and patriots from resentment or convict ion. to show how little they had suffered by a former denial of their prayers. which can never be valued at too high a price. accruing from year to year. if necessary. and Satan another."[190 . would demand the most serious precaution. voted against the appropriation. and the colony doomed for ever t o be the gaol of Great Britain. Gellibrand. and they added th is remarkable passage:--"The influx of moral pollution has been perpetuated. when discarded by Arthur. senior. except one. The non-official members of the council . and assert their rights. they were conservative of great interests. but in 1835 some of the c hief advocates of a legislative assembly deprecated the penal institutions of the colony. and who. Mr. A deputation from the meeting for free institutions. on their arrival." and quoted with more cleverness than dignity. "were the angel Gabriel to propose one measure. and said. His eloquence was never exhausted. junior." He advised the oblivion of minute grievances. They denied that the supposed advantages conferred by prisone r labor. Thomas Horne exhibited a fervour in the p opular cause. reiterated its lessons and prepared for its enjoyment. but still more of knowledge and virtue. their stateme nts of colonial opulence. requested the interces sion of the governor with the crown. justified a claim on the colonial funds for the support of a great national object. by force of arm s. Volume I ready to use their power. but he replied."[1 89] But neither importunity nor threatenings prevailed. opposed him with incessant vigour . if he considered Satan's the most politic. and proposed that all convicts. He maintained that all British rights were c onceded. were connected by one common advocacy. should be set free: of this plan. and only acquit ted the settlers of indifference to rights. and if they did not hasten its possession. R. These meetings preserved the principles of constitutional freedom. Gellibrand. the interests of the colony. which his boldness as a pleader often threw into jeopardy. Whatever temp orary turmoil the meetings created. His early life had been spent among liberal politicians: he was a zealous advocate of freedom. was a lawyer of popular talents. The surplus revenue. These efforts were renewed in the following year. "excepting the elective franchise. Mr. Mr.

245. except that in such cases the interest o f the government ceases to be hostile to vices which increase its wealth." said the king. requested an answer. what do th ey want it for?" The posed ambassador replies. Mr. It received an appropriate destination: funds con tributed chiefly by drunkards for the repression of criminals. asked t he reason. is that the reason they gave?" "Please your Majesty. 1832. "Because they do." "Because they do. I am not certain they gave that reason. FOOTNOTES: [Footnote 185: Letter to Darling. "the people of Van Diemen's Land want an assembly.] [Footnote 188: Captain Glover stated. in his turn. Such was the apology for exactions enormous. your Majesty. Major Mudie says--"Being scarcely ever sober. Goderich?" says the king." The ambassador. The revenue was largely dependent on the consumption of liquors. do they.] A dim fore-shadowing of that universal sentiment to which the constant attempts to lessen the profits of prisoner labor gave rise. that the events of the 23rd of May ha d been dramatised in the following strain:--The ambassador of that meeting was admitted to the king: "Ho. 22. a view not easily impugned. Ambas sador. "there was none. "Why because 103 . Mr. and upon habits whi ch generate crime and impose expenses on the public. 1830. iv." "What do you think of that. The ambassador. on retiring. "Oh. all nonsense. sec.] [Footnote 186: 9th Geo. who had been a lawyer of some sort previous to his transportation from England. wh en compared with the population." said Goderich. ho."--p. Ambassador. he left his business to be do ne by a convict clerk. and was informed.] [Footnote 187: August 13.

"] [Footnote 189: From the Tasmanian report of meeting. Volume I we wont--that's all.] 104 .The History of Tasmania.

500.The History of Tasmania. Bryan now appealed to the public. he would do his utmost to save his life. and added . allege d against his master a culpable incaution. Thus deprived of laborers. and owned 11. of whom Mr. which p urchased a steam vessel. Bryan was not altogether a martyr. his crops rotted on the ground. Bryan.000 acres and extensive herds. and Judge Montagu uttered a severe censure from the bench on the same account. Not only did Lyttleton decline this . and excited general distrust. that this was an offence not to be pardoned: no man could appeal again st Arthur with final impunity."[191] Mr. became diseased and were scattered. Lewis. resting quite satisfied that if my exertions d eserve it they will be rewarded. and dismissed him from the commission of the peace. and he appealed successfully to the secretary of state. and the attorney-general prosecuted Lewis for endeavo uring to provoke a duel. in the midst of harvest. Hortle. Bryan's affairs. he wrote:--"Permit me to return you my sincere thanks (as much for the m anner as the matter) of your very kind letter of the 11th instant. He was indebted to the sympathy of his neighbours. a herdsman of Mr. The case of Mr. that though the man was sentenced to die. Mr. Mr. H e remarked. the agent of government . and satisfaction refused. he afterwards received 2. and instantly recalled his assigned servants. Volume I SECTION XV. or appoint a meeting. The land h e obtained on his arrival was less than he claimed. Bry an was an enterprising settler. that another person ought to be standing in his stead. and his credit wholly subverted. Arthur rejected his resignation. twenty-tw o in number. and in a letter to Arthur. William Bryan was before the public for many years. He erected a valuable mill. I leave the increase of my grant. and his st ock neglected. Lyttleton. was convicted of cattle-stealing (1 833). to demand an explanation. who committed him for trial. Lyttleton.000 acre s of land. Bryan had then received 1. This was supposed to refer to Mr. The effects of this measure were disastrous. on going outside the court. and sentenced to death. He received upon the whole 4. Mr. but he transmitted an account to the government. The police magistrate. Samuel Arnold. bu t he was told by a friend of the governor. that his property was not destroyed. and to th e extent of his wealth. who deputed a young friend. Mr. Mr. Dry was one. Bryan ascribed his treatment to an early difference with Arthur. and tendered his resignation as a magi strate: he complained that he had been calumniated.500 acres. Bryan instituted an action against Mr. To the same principle of impartiality whic h you have evinced in my cause. Mr. he arri ved. Bryan. addressed several gentlemen. however. She was brought to the colony by Captain Alexander Wales: when. the project was defeated by the altered position of Mr. and was engaged in many spe culations of public utility. and under his auspices a company was formed. Mr.

and we think there is nothing against the apparent policy of the act which militates against that construction." For carrying a challenge to Mr. governors can revoke assignment of a convict. "We . and a jury was refused. The court possessed a discretion. "are clearly of opinion." say they. The issue depended greatly on the manner of trial--whether by assessors. and the judges allowed. was hardly to be disputed. Lyttleton. He returned to England: sought redress from the ministers. Bryan then dropped the action. or a ju ry of twelve. and his cross-examination was impeded by the court. Lewis read a written defence. though not to be exer cised in a wanton and destructive manner. iv. but in vain. directed perhaps by a member of the e xecutive: for the same reason he withdrew his proceedings against the police magistrate for defamation of char acter. 83. c. The law officers asserted. that under the 9th section of 9th Geo. Yet the right of the governor to withdraw men. but L the recall of his servants. and announcing his opinions to the loungers there. Lewis was put on his trial. although it would be dangerous to take their version as decisive. of whose sentence it is not intended to grant any remission. The conventional turpitude of the offence wholly depended on the provocation. A magistrate could not be covered by his privilege when standing in the street. himself the sole witness. which he objected to entrust to assessors. The opinion of the English law of ficers of the crown favored that view. and reproached the attorney-general with prosecuting an offence recentl y committed by himself: for 105 . On this case the opinio n of impartial persons can hardly err. denied the words imputed. that the colonists were disqualified by common interest to form an impartial judgment.

700. that the observations of Mr. Robert Bryan. who were all prisoners of the crown. seven to four. h is nephew. Volume I this the accused was fined £10 by the judge. who advised him to retire and revise his notes. went into the judge's room. desirous of depriving Lewis of the indemnity. and without moral weight. The young man was sentenced to death.The History of Tasmania. but was explained by subsequent disclosures. on the trial of Lewis. and the prosecution involved in an irreparable mistake. It was commonly asserted that he was sacrificed. he became silent. to fin e an accused party for saying anything which he may consider essential to his defence. L yttleton. He communicated this impression to the attorney-general. however. on his return home. if not by the contrivance. and the legislative council resolv ed. he was again stopped and fined. he had denied. but without result. if the secretary of state persevered in his determination. The capita l penalty was not inflicted.. were charged with cattle-stealing. that he began the trial: he was thrown off his guard. and the judge co ndemned him to pay £150. who asserted "that it is an unwarrantable proceeding. T he governor was. was represented as har sh and captious. on the part of a judge. It was under these suspicions. Lewis complained to the secretary of state. alleged that they saw the animal in question driven homeward by the accused. became convinced by the testimony of Mr. who referred his case to the law officers of the crown. Montagu replied. The words attributed to the police magistrate. was tried on two separate indictments. before the sitting of the court. The conduct of Judge Montagu. Dry. he should pay the complainant from the land fun d. A military jury found him guilty. and suc h was the evidence. who secretly advised th e accused and framed his defence. with th e concurrence of the . When the court sat to sentence the accused. Several months after the departure of Mr. and on the second day following discovered the skin thrown into the scrub. Witnesses contradicted the constables . that many unprejudiced persons concurred in the verdict: yet the witnesses against hi m were open to suspicion. and requested that . and suffer an imprisonment of eighteen months. provided it shall be co nsistent with public decorum. that he had sworn falsely. he would certa inly fine him." The secretary of state directed compensation: this. Complaining that the course required by his defence was unjustly obstructed. a board estimated at £1. and the money was eventually paid. sen. Such resistance was obviously official. and in con versing with Montagu intimated the very improper course Lewis intended to take. The aspersion of the character of a magistrate by an imputation so serious. On resuming his speech. The constables who professed to watch the prisoners. the lawyer was there to urge the illegality of the conviction. in some material points. and another. but it was the popular notion that he was the victim of a conspiracy. The young man. Robert Bryan. Lewis were not within that qualification. but. William Bryan for Great Britain. was the sole alleged justification of the challenge. Mr. A clever barrister.

The remarks of Melville were carried beyond the tolerated bounds o f public criticism. A similar case. against Murray a nd Melville. the editor of the Launceston Adv ertiser. and the ov erruling a challenge of a juror by the prisoner. the judge whose conduct he had censured pronounced the sentence. at once and by the party offended. at Newfoundland. and it was moved for by the attorney-general. the attorney-general. The defenda nt was required to admit the authorship: this being done. which the judge might choose to pronoun ce a libel. Any reference to the proceedings of a court. The trial was reported by the Colonial Times. The editor. included all th at tyranny could ask. Stephen. Mr Henry Melville . induced the court to issue an attachment. was discussed in the Ho use of Commons. as well as the scoundrel-like motives which influenced them. and gave Melville his liberty. the dependence of the jury. Motions for attachment have not often disgraced the administration of justic e: they are relics of barbarous times.government. might consign to perpetual imprisonment. when Stephen remarked." 106 . and Arthur slowly obeyed the signal. This process was issued against Fawkner. for calling an affidavit of the solicitor-general--to the effect that a fair trial could not be obtained in Bryan's case with a colonial jury--"an extraordinary document!" The judges dismissed the application . Stephen. the infamous character of certain of the witnesses. condemn. who escaped by an apology. that he "thanked God he despised the observations. and the ministers joined the opposition in severely reprehending the practice. and imprison. pointed out in strong language the suspicion of unfairness. The paper s published the debate. the presence o f the governor at Launceston during the trial.[192] To judge.

who was found to be Hunt. an d established again as constables. until the proof of its existence was indisputable. The constabulary were mostly prisoners of the crown. would entitle them to benefi ts. and th ey became qualified to accuse and convict the most upright men. however. Their oaths had already produced several capital convictions. they would sometimes slau ghter a branded beast. the judge not only stopped the case. a constable. betrayed the project. The affair of Mr. regarded by their officers with hatred. and even to commit a crime that they might charge it on the innocent. fo r the discovery of the murderer. of the 40th regiment. and frequently occasione d disputes and quarrels. afterwards shot by a small set tler. a pr isoner was arrested in the neighbourhood of Mr. not. By the custom of England. The herdsmen were often careless and dishonest. afforded opportunities for plunder. The same constable h ad proposed to throw a sheep stolen from the flocks of Mr. Such atrocious wickedness was certainly not common. and who dying confessed the crime. on the premises of a man. was murdered (1835). but that it sometimes occurred is beyond all doubt. independent of the court and the influence of the executive. The marks distinguishing such property easily escaped the mem ory: it was often left to the choice of the magistrate to commit for felony. or resign the dispute to a civil tribunal. proposed to another to earn their free pardons. The plan sketched was to deposit shot in the hut of a man at Campbell Town. a bushranger. invited as an accomplice. Captain Serjeantson. who was suspected. who avowed his intention to assassinate that gentleman. this privilege cou . Volume I The intermixture of cattle of various owners. and su ch as were protected by their connections. in the expectation of a reward. A constable." The intentional encouragement of perjury cannot be imputed to the government . but necessity induced a most perilous laxity of feeling. resembling that extracted from the body of the deceased. Thus. Their office entitled t hem to an earlier attainment of their liberty than other convicts: the detection of a serious crime gave them cl aims for a still quicker liberation. Nor was this all: in the height of political excitement. and throw its skin on the premises of the selected victim. The ignorant police agents considered that the successful prosecution of any person. "on whom there w as a down. Drinkwater. a gentleman connected with sever al opulent settlers. In this case. Willis. but committed the prisoner policemen for perjury: these persons were discharged by the attorney-general. and their masters were liable to sha re the reproach of their mistakes or guilt. Bryan increased the anxiety of the colony to obtain trial by jury.The History of Tasmania. in the extensive forests belo nging to the crown in the northern districts. and even the prisoners in service discriminated between those whom they might accuse with impunity. The family collected £500: to this the governor added £100 more. Thus on a trial. Gregson's dwelling. and the desire of freedom prompted them to lay snares for persons su spected.

at the discretion of colonial legislatures. An officer had amused his leisure. but when it took away the common law right. but a change was delayed. while sitting on a trial. notwithstanding the efforts of the crown to defend them.ld only be suspended by martial law. when the ordinary courts were closed: wherever the authority of the crown was recognised. who were three times more numerous than the immigrant population. and writing libels on the benches. but the measure was carried by ten against five. the accused was entitled to trial by his peers. or co mmit life or liberty to the verdict of a military jury. the courts could not withdraw civil wrongs from the verdict of civilians. Emancipi sts sat on these juries. Their press. and in several instances were cast in damages. The chief justice strongly favored the eligibility of emanci pists. The non-official members of the cou ncil were generally opposed to their admission. they appealed to the court for pro tection. The act of parliament (1828) set aside the interpretat ion of the judge. they sat in the box occupi ed at other times by the military jury. The judge was 107 . Nothing could be more alien from the habits of Englishmen. instanced in a former page. in publishing the list. by tracing ca ricatures of the civil jurors. was established in New South Wales (1829). which determined t hat the common law right remained with the session of magistrates. By this act the officers of government were liable to some respons ibility. distinguished the members of their body by affixing stars (*) to their names. and exulted in the privilege. although the trial of criminal causes still remained with the military. had been acted on for a time. it gave power to the crown to authorise the instituti on of juries. The decision of Judge Forbes. While civil jurors were confined to civil issues. Thus an ordinance entitling to trial by jury in civil cases. long after the colonies contained a body of freemen. than to lodge the functions of grand jury in the hands of an officer of the crown. A paramount necessity required the practice for a ti me. by the hesitation of the government. Thu s. Thus insulted.

they were fully satisfied with the result of the law.[194] The danger to the fortunes of the people was more severely felt than the pe ril of their liberty and lives. The hostility of the opulent emigrants to the eligibility of emancipists wa s intense and lasting. but with the usual injustice of anonymous satire. accordi ng to the nature of the offence: in cases of aggravated violence they often preferred a military jury. that were the authorship tr aced to a military juror. In urging the amendment of the law. The names were twenty-four: from these both parties struck out six. was "hanged. returns to the summons of jurors. The first trial occurred 1830 (Butler v. Forbes stated that the chief difficulty was confining the juries to the question of fact. but being pressed. Some flagrant cases were exhibited as specimens of the whole: a juror. The magistrates. and the remaining twelve were the jury. resolutely acquitted another charged with cattle-stealing. whenever it was desired by either party. in one instance. Thus. induced Governor Bourke to take the opinion of the jud ges and the law officers of the crown: on the whole." These were certainly blemishes. it was said. in an action for libel. he would close his court rather than intrust to such hands the administration of ju stice (1830). that the accused would sometimes choose a military jury. and that scenes disgra ceful to public justice were enacted in the retiring room. usually hostile to the measure. an ordinance was passed (1830). an emancipi st. save Mr. Thus a public meeting." in another. It required all the authority of the court to repr ess antipathies so openly avowed." They were afterwards collected into a volume. They asserted that the criminal at the bar was too literally tried by his peers. and that benefit would result from its unqualified adoption. demanding trial by jury. contained in a series of letters written. permitting the judge to allow a jury in civil cases. I t was remarked by a judge. b ut where conflicting testimony was likely to occur. Justice Burton. or a jury of twelve. by Wells. but their verdicts had generally satisfied him. only as less likely to a gree. and signed "Simon Stukely. "tr ansported for life. This was still more active when the trial of criminal issues passed into their hands (183 3). returned as fit and proper persons. they referred to the extraordina . It was the opinion of the judges. they preferred the greater number.The History of Tasmania. The chief persons in the colony were described with considerable spirit. Bent). and asked if he was expected to deliver a verdict with twice convi cted felons? Appearances of partiality and corruption were quoted to prove the pernicious effect of their ad mission. that trial by jury had been too long deferred. or acknowledged.[193] In Van Diemen's Land. Volume I unwilling to interfere. and was convicted him self. The rancour excited by this question is scarcely credible: a gentleman addressed the judge from the box before he was sworn. remarked. The complaints of the gentry. but they were magnified into radical and in curable defects (1835). was held in 1834: an address was presented to Arthur by a deputation. those whom t hey knew would disgrace the box. out on bail for horse-stealing.

The law. or any inferior officer. after six hours deliberation. but three-fourths were taken as the whole. Arthur. as it ultimately passed. professed a liberal desire to gratify their wishes .ry powers possessed by the government. It was not carried out until nearly four years after its authorisation. instead of twelve. that the chances of influence multiply as the number of jurors are decre ased. Alfred Stephen.[195] To Arthur the colonists were not indebted: the secretary of state had." He had. was delayed until 1840. on the right side: although there is nothing sacred in an ancient number. The prejudice of the people was. This act was framed in virtue of an order of council by the king in 1830. The attorney-general. on the whole. was desirous of substituting for the assessors a jury of seven. in reply. His project was opposed by Mr. and the grand bulwark of 108 . by giving either party a right to demand a jury. a choice between a petty and specia l jury. I t provided that in criminal prosecutions where the governor. and that the national practice was the only safe guide. deferred the establishment of British laws to the last possible moment. the retrenchment must have increased the facility of corruption. cou ld be interested in the result of a trial. more capable of perversion than any ever known in a British colony . lon g before. removed the danger. The removal from the colony of the stigma of military juries. civil or military. however. or that "they required to be watched with more than usual jealously. The amount of discussion that attended the dis pute was prodigious: pamphlets. a jury taken from the special jury list should try the issue. Kemp. It was argued. and cert ainly possessed great powers. but denied that he possessed extraordinary powers. and letters without end. announced the determination of the government in favour of the measure. and indeed very generall y disapproved. and to the party against whom the application was made. however. when the trial of crimes and misdemeanours was entrusted to the hands of the inhabita nts.

The History of Tasmania, Volume I public and private freedom raised in Tasmania. The convictions for perjury were not numerous: the whole system partook of the unsoundness of its elements, and the inhabitants were indebted for their safety to those principles of humanity, which, in the absence of interest and passion, regulated the measures of the government, and r estrained its agents from atrocious conspiracies. FOOTNOTES: [Footnote 190: Signed by C. Swanston, T. Anstey, J. Kerr, C. M'Lachlan, R. W illis, W. A. Bethune.] [Footnote 191: Letter produced by Mr. Kelsy, of the Colonial office.] [Footnote 192: Twelve months imprisonment, £200 fine, and sureties in £500 for t wo years.] [Footnote 193: Par. Pap. 1837. 6th Geo. iv. c. 5, disqualified a person to serve convicted of any capital o ffence, except free pardoned. 7th &8th Geo. iv. c. 28. sec. 13, gave to a conditional pardon under the sig n manual the same effect as great seal. In cases not capital, service had the effect of free pardon: 9th Geo. iv. c. 32. sec. 3. All the laws of England were adopted by the Act of 1828: thus the disqualifi cation for jurors, in cases capital, was taken away. Judge Forbes stated, that in civil issues the juries had some difficulty in comprehending the distinction between law and fact: ad questionem facti respondent juratores, ad questionem le gis judices.] [Footnote 194: The original Simon Stukely was a quaker, who went to Turkey with an intention of converting the Grand Turk: he narrowly escaped decapitation, by the interpositio n of the English ambassador. He was afterwards confined in an asylum: in answer to inquiries how he came ther e, he replied--"I said the world was mad, and the world said I was mad; and they out-voted me."] [Footnote 195: Passed, 5th November, 1834.]


The History of Tasmania, Volume I SECTION XVI. The True Colonist newspaper was published daily during 1835: the editor, Mr . Gilbert Robertson, filled its columns with strictures on government, and in a style which might be termed hero ic, if inspired by truth. The rashness of his imputations was never surpassed. He heaped on the governor, and the members of his administration, charges of misdemeanour and felony. One day he denounced them at the police-office, and the next printed his accusations verbatim. He libelled the governor (whom he acc used of altering a deed after its enrolment) in a paper, headed "a fearful discovery;" and declared him not le ss deserving than others of a capital conviction. Robertson charged an overseer of Arthur with feloniously rec eiving hay for the governor's use, and with his connivance. His nephews, Captains Forster and Montagu, were ea ch accused of a felonious appropriation of property belonging to the crown. For these imputations, Roberts on suffered fine and imprisonment;[196] in part remitted by the clemency of Arthur. Such charges were a buckler to the governor against the current scandal of the time. They were transmitted to the colonial-o ffice: they destroyed the moral weight of the press, and cast suspicion on just complaints, yet emanating from a community which tolerated such extravagance. It is not to be inferred that the opponents of Arthur's government, general ly sanctioned these excesses. The violence of periodical writings resulted partly from the paucity of topics, and was mainly a necessity of trade. The limited field of discussion huddled all disputes into a squabble. The writer s could not forget the names of their antagonists: they espoused with vehement zeal the trivial quarrels of this or that functionary; officers, who were dismissed, supplied anecdotes of those left behind, which were worked u p in every form. The want of ideas and information would have withdrawn many writers from the combat, had they not possessed CAPITALS, exclamations (!!!!), and dashes--officered by epithets of horror, as a n army of reserve. These attempts to impart energy to weakness, and terror to insignificance, gave to the articles of many old newspapers the aspect of auction bills, rather than political disquisitions. The reader of a better era may fancy this description shaded; but the write r, in preparing this work, has explored many a volume, and shudders at the memory of his toils: he would not as sign them to his worst enemy. Such were not all: there were writers on either side, whose opposition wa s discriminating, and who enlightened the understanding without debasing the taste. The press was the more licentious, because nothing else was free; but it raised a barrier against official corruption. Men of integ rity were annoyed, but rarely injured. It intimidated the corrupt, and protected the oppressed. Considered in detail it was often detestable; but it prevented mischief more serious and lasting. These contentions embittered colonial life: they were daily renewed. The to

pics they embraced were rarely interesting beyond the moment: they filled the ephemeral publications of the day , and they now lie entombed in those repositories of the literary dead. From 1831 to the termination of Arthur's government, the circulation of ne wspapers prodigiously increased: the improvement of the postal establishment facilitated their spread. Settlers, who delighted in their controversies, or dreaded their censure, subscribed to them all. With a few hono rable exceptions they rivalled each other in recklessness of statement and roughness of diction. No lover of tr uth will accept their testimony, or transmit their praises. They were often what they were denominated by the chi ef justice--"a moral guillotine." The spirit of contention was promoted by the peculiar fabric of society. Th e great majority of the colonists were below the period of human life, when the temper becomes cautious and the pa ssions calm. Its narrow sphere magnified their temporary importance. Every man might claim, or forfeit b enefits the government could bestow, and thus multitudes had personal grievances, or unsatisfied expect ations. The hostilities of the day were almost invariably associated with some sense of individual wrong. A gra nt of land desired by one, was given to another; a valuable servant was denied on some public pretence, and then assigned to a favored applicant. One found his mercantile tenders always rejected, while another, by s ome unintelligible process, engrossed the custom of the crown. A youthful stranger was invested with the hon ors of a justice, when colonists of long standing were left undistinguished. The infractions of rule in volved one master in public 110

The History of Tasmania, Volume I disgrace; another, was a licensed transgressor. Such was the complaint, which mi ght be easily illustrated by examples; but they are such as a knowledge of mankind will amply explain, and ar e inevitable when the form of government is arbitrary, and where its functions enter into all the details o f private life. This was felt towards the close of Arthur's administration, and many, not pr one to party strife, were anxious for its termination. The meetings to petition were more frequent, and as sumed a more general character. As the causes of dissension became better understood, the patronage o f the governor ceased to be considerable, and no colonist was a lover of unprofitable despotism. These senti ments prevailed in both penal colonies. A "political association" was formed in Van Diemen's Land: a standing counci l was organised, under the auspices of certain leading politicians, who discussed the measures deemed neces sary to amend their social and political condition. Mr. Thomas Horne, the secretary of this body, opened a correspondence with the governor, and endeavoured to direct his attention to its complaints. Arthur decl ined recognising his credentials, without an express sanction from the crown. The association, howeve r, carried on its debates. The council deliberated in public: the members were assembled in the body of the hal l, and spectators were admitted to the gallery. Their proceedings were reported in the newspapers, but with party coloring. By Dr. Ross they were turned into bitter ridicule: his remarks were retorted with cruel ty and insult. A storm collected around him he could not disperse, and he laid down his pen soon after, with expr essions of ill-concealed anguish.[197] FOOTNOTES: [Footnote 196: "I charge Mr. Fitzpatrick, late overseer of the government f arm, with stealing or embezzling a quantity of hay, the property of the crown; and one John Compton, t he overseer of Colonel Arthur's farm at the Marsh, with receiving the hay. I also charge Mr. Davidson, late superintendent of the government garden, with embezzling, and Captain Forster with receiving, four Nor folk Island pines, value £20, the property of the crown. I have another distinct charge against Captain For ster, and one against Captain Montagu, for stealing or receiving certain building materials, the property of t he crown."--True Colonist, Feb 26, 1835.]


The History of Tasmania, Volume I SECTION XVII. The recall of Arthur, long anticipated by his enemies, at length arrived. So me months before, he had been informed by the secretary of state, that "having continued him in his government for the unusual period of twelve years, the crown intended to name his successor." On the recommendation o f Mr. Huskisson, the duration of an ordinary government was limited to six years: special reasons wit hdrew Van Diemen's Land from the operation of this rule. The ministerial changes at the seat of empire left Arthur's influence unimpa ired. The variations of national policy rarely reached his sphere. Unwelcome orders he managed to modify or evade . The difficult nature of his duties, the distance of his government from supervision, and the weakness of the free population, enabled him to assume and maintain for many years a discretion all but unlimited. The st ate of the colony on his arrival has been already noticed. The measures he adopted to coerce and control the convict population, and to subdue the aborigines, will be found in the second volume of this History. He re pressed the outrages of the lawless, and restored comparative tranquillity. Under his auspices the chief tow n, which he found consisting of a few frail dwellings, assumed the aspect of a commercial city. Many, he rece ived in chains, were established in social happiness: many immigrants, who arrived with slender resou rces, had risen to opulence. A series of forty-seven statistical tables, prepared by the colonial secreta ry, his nephew, exhibit a progress then almost unexampled. In 1836, the revenue had increased from £16,866 to £106,639; the imports from £62,000 to £583,646; the exports from £14,500 to £320,679; mills from 5 to 47; colonial vessels from 1 to 71; churches from 4 to 18: the population had risen from 12,000 to 40,000; and every branch of public and private enterprise exhibited the same general aspect. It would be absurd to ascribe to Arthur even the main credit of these result s: they were the effect of that spirit of industry which ever characterises the native of Great Britain, and whi ch nothing can wholly extinguish. Nor was this prosperity without alloy. The unproductive improvement encouraged, was sometimes unhealthy. The settlers were deeply involved: the valuation of property was rais ed beyond reasonable calculation. The pleasing delusion was cherished by the members of the governmen t, whose official and private interests concurred to dupe them. Happy were they who sold. Arthur left many who, acquiring his favour by the extent of their outlay, and the vigour of their enterprise, were l aden with debts from which they never recovered, and a prey to perpetual solicitude. The great demand for sheep and cattle, created by the establishment of new c olonies, gave a temporary respite: flocks were sold at £2 per head, and were purchased in large quantities. These ameliorations were only transient, and the wide regions open to adventure lessened the worth of tho

se properties which had been valued by the farms of Great Britain, not the unpeopled wilds of New Holland. A just estimate of Arthur's administration, must include all the peculiarit ies of his position, and the complicated interests he held in trust, whether they relate to the imperial gove rnment, the free, or the bond. The measures best for the colony were not always compatible with the design of i ts establishment. Nor must we forget that, in surveying the past we have lights which rarely attend the pre sent; that much which experience may amend, it is not possible for wisdom to foresee. The primary object of the crown in colonising this island, was accepted by t his governor as the chief aim of his policy. The settlement of free men he considered but subsidiary to the co ntrol and reform of the transported offender: their claims, their duties, and their political rights wer e, in his view, determined by their peculiar position. They were auxiliaries hired by royal bounties, to co-operate with the great machinery of punishment and reformation. As the representative of the crown, he stood off fro m the colonists in their sympathies and ultimate views. Employed not to build up a free community of Engl ishmen, but to hold in check the criminality of an empire, with him the settlement was an institution r equisite to the effective execution of penal laws. Such he found it: such he desired to mould its growth, and to prolong its destination. Thus, except in the capacity of employers, he regretted the arrival of free men, and warned the ministers of the crown, that by their encouragement of emigration, they were destroying the value of bond labor, the dependence of the settlers, and the adaptation of the island for the purposes of a prison. 112

The History of Tasmania, Volume I Thus, in his official correspondence with colonists on subjects of a politic al nature, Arthur always avowed hostility to liberal ideas, and scoffed at their solicitude for the common right s of English people. While the opposition could avail, he resisted the liberty of the press, trial by jury, and open discussion of legislative measures. His remarks were often in a tone austere and reproving; nor did he thi nk himself obliged to preserve that dignified complaisance which softens the differences of political life. The settlers were expected to stay at home, to keep their servants in custody, to denounce their infractions of penal rule, and as the "materials of prison discipline," (so they were denominated) to carry out a judicial sentence. They knew, before they came, they must sacrifice British rights, and with the political or social influence o f transportation, beyond their own fences, they had no concern. As an officer of the army, the profession of Arthur was not unfavorable to the main purpose he avowed: the process he conducted was, of necessity, harsh and imperative. In the selecti on of instruments, he preferred military men: they were without colonial scruples, and when the government was u nconcerned, perhaps, without partiality. They were deficient in legal knowledge, and as magistrates s ometimes overlooked the material facts; but they despised the reproaches of the press, and the censures of civilians. In the course of his administration, Arthur had most places at his temporar y disposal: he filled them, wherever possible, with his friends; and he left his nephews in the highest appo intments within their professional capacity. Arthur drew out a minute detail of official subordination : the duties prescribed for his officers were defined with labored exactness, and the reins of control met in hi s hands. Everything was referred to himself, and his instructions were definite, and generally irrevocab le. Many persons appointed by the crown were dismissed, or thrown off, by his contrivance. Accident placed man y offices in his provisional gift. Baxter, a judge elect; Gellibrand, an attorney-general; Ferreday, a sherif f; Thomas, a treasurer; Burnett, a colonial secretary; O'Ferrall, a collector of customs; and many in lower station , relinquished or lost their appointments, by the determination of his inflexible and unflinching will. The f orfeiture was sometimes obviously just; but it was a maxim of his government to fill the departments wit h persons who knew no patronage except his own. Among them were candidates for the same gifts, who loo ked for fortunes beyond the limits of their duties: they cultivated farms; became competitors for prison er labor; and speculators in commerce. The supreme court and the newspapers were often occupied by their recr iminations: sometimes they exchanged challenges, and sometimes writs. The colonists in opposition saw, not without some gratification, dissensions which seemed to weaken the common enemy; and the pres s was often enriched by the malice of official pens. Many were, however, too wise to quarrel: their quie t industry enabled them to

The patronage permitted to Arthur was enormous: to a large extent he was the almoner of the crown. The sub-divisions among themselves were minute and rigorously enforced. accused of peculation. or had its original plan been perpetuated. The intentions of the governor. and dismissed as detraction. indeed. exposed the delinquent to serious pecuniary loss. or the most enterprising colonist. The industry of Colonel Arthur was constant: his attention to the details o f his government. it must have formed a community of slanderers and slaves. and corrupted private intercourse. subject to v icissitudes." The extent of the "crushing system" was greatly exaggerated. It was earl y announced that opponents would be "crushed. and often became distinguished for their patriotism. They were. and his perseverance as a despatch writer were universally admitted: a large proportion of his time he spent in his office. and thus the perpetration of wrong. Thus disaffection became highly penal: a quarrel with a magistrate. and imbibed his spirit : the least deemed himself something superior to the richest trader. The officers trained under Arthur acquired his tact. however. A secret influ ence pervaded every rank: society was embittered by suspicions and the dread of denunciation. and can now only be noticed as a rumour. These considerations were avowed. or a friendly int ercourse with persons under a ban. could not save him from the falsehood of spies. and with success. It was commonly stated that 113 . They were. Those who lost their appointments furnished the material of libels: reported the peculations an d duplicity of their late colleagues.combine their public and private employments.[198] The dread of injury made the timid servile. without scandal. and toiled with an assiduity which would have been fatal to ordinary men . how ever just. and had not the growth of population decreased the comparative power of the government. but specific charges were generally rebutted. and even the course of good government was commonly ascribed by the sufferer to official enmity and ava rice.

The new wharf rendered the purchase highly advantageous. the road to Richmond. and really dangerous whenever the government was a party. advised him to postpone and quash the disagreeable order or restriction. The executive council was useful to Arthur. When his private vi ews were opposed to his instructions he affected impartiality. and obtain its sanction. Knopwood to Mrs. The imputations of personal injustice or corrup tion were unfounded: what he gained. Arthur had estates in its vicinity. or were driven fr om their spheres. Jennings. H. When he resolved on a project. and which to resist it was necessary to understand. but he willingly heard those whose education and hab its qualified them to suggest. Hodgson for £800: it was purchased b y Mr. a nephew of Mr. The great work he began at Bridgewater. The chief justice ultimately resi gned his seat in the executive council (1835). Thus during his government his influence was paramount. and inferior functionaries were satellites who obeyed his impulse. and the Bridg ewater causeway. The chief justice alone could pretend to independence: by his seat in both c ouncils he possessed a voice in the enactment and administration of the laws--a subject of continual suspicion a nd complaint. Th us it was ordered to execute public works by contract instead of the gangs. and admired the ingenuity of its execution. and was d escribed to enhance its price. to levy a tax on convict labor. he would nominate a board. Thus the p roperty of the Rev. t o retain men seven years in chains. and was finally s old to his agent at a small advance. Volume I he was not very accessible. whom he was said to defraud. without obstructing his measure s.The History of Tasmania. Gellibrand. A new colonial minister. others did not lose. even less . Arthur benefited by his fore-knowledge. gladly surrendered to the governo r's judgment a question often beyond his comprehension. was a task of many years: many thousan d pounds in value lie buried. which gave him the aspect of a mediator or judge . The other charges of corruption are of a similar nature. and seemed to yield rather than to guide. but the colony often approved the object. or commissions. without reference to Arthur. Persons of every rank were admitted to an audience on a slight pretence. senior. except by the common risks of a sale. These artifices were well understood. Robert Knopwood. in the hurry of his office. The great works of Arthur were attributed by his opponents to sinister moti ves: those most frequently mentioned were the new wharf at Hobart Town. It was offered by Mr. but there was neither deceit nor oppression. The secretary of state had declared in parliament that legislative and executive offices were incompatible with the proper functions of a judge. Boards. was several times in the market: it was o ffered by advertisement many years before: its future appropriation to commerce was predicted. where a magnificent causeway forms t he abutment of a bridge which connects both banks of the Derwent. He was quick in estimating the characters and capacities of all who approached him.

when a secretary from the colonial-office stated that t he more serious were unfounded. and thus. they could only be justified by their connexion with penal arrangements. William Bryan made statements before the Commons of mis-appropriation of crown lands. which had bee n the text of colonial articles without number. he was not sparing in its use: he endowed his friends. than the corruptions which debased it. and his character su ffered: he despised reproach. Nor is it 114 . The moral weight of government was compromised far more by the air of myst ery which veiled. whose discretion was unlimited by regulations. During his government. or th e interest of its officers in the soil. which notwithstanding impaired his influence for good. Arthur became wealthy: his estates were numerous. that he applied clandestinely the means afforded by his office to improve them. The discipline prescribed did not admit of rapid movement or wide distribution. if the local obligation is lessened. were often misdirected: many deviations from strict impartiality were prescribed by the sec retary of state. and the whole series were reduced to comparative nothingness. and it was only on extensive excavations that labor could be inspected w ith success. the ground of complaint is diminished. and various stores. that many were ministerial acts. The waste of expenditure was rather apparent than real. Huts were necessary for the convicts.substantial than these. The outcries raised against the disposal of land i n special instances. and their sale realised a large amount. The objects contemplated were not col onial. That he acquired them improperly is not even capable of suspicion. is equally destitute of evidence. But although many of his works will perpetuate his memory while the country lasts.[199] While Arthur had the power. M r. houses for their officers. Just before his recall. Nor is it easy to see how a community can be injured by the outlay of capital acquired in its service. Arthur was silent.

The open licentiousness of public officers he did not tolerate.000 in value. sobriety. might usually calculate on his complaisance. Volume I incredible. The impressions of devout men were usually favorable to Arthur: he told them his objects and trials with apparent humility and devotion. but their statements must be read with equal caution. who did not question or cross his path.[201] A collection was made by Arthur's friends in token of their regard. that the decorous habits of the governor confirmed his religious pretensions. He listened with deep attention to their plans o f usefulness. Respe ctable men. in their view. that a private service to himself detracted nothing from weight of p ublic obligation. however. whether they censure or praise . afterwards retracted their opinions. and in the most bitter outburst of party spirit. Backhouse and Walker were authorised by the Society of Friends. Backhouse and Walker. His sanction wa s given to every benevolent scheme. found that he did not fear. and th e reformation of the prisoner population. ribaldry and drunkenn ess vanished. Arthur was no fickle or hesitating patron. supposed to exceed £1. wo uld generally be adopted by most persons of their class:--"Our first interview with Colonel Arthur gave u s a favorable impression of his character as a governor and a christian. numbered the benefits conferred on his friends. except the offenders were distinguished by official cleverness. The addresses were signed by many who were conciliated by his moral sentiments. Th e ready countenance of their labors lessened. He took great interest in the temporal and spiritual prosperity of the colonists. especially of the prisoners. But tho se who reckoned up his estates. and he gathered around him a very large proportion of those persons who care more for the circulation of religious knowledge than the civil enfranchisement of mankind. his civil faults. although he detested them.The History of Tasmania. in strains of christian compassion. It. his domestic c haracter was never assailed. Nor can it be denied. The more violent opponents of Arthur. and the qualities he approved ar e nearly allied to virtue: he appreciated humanity. estimated the cost of h is government. connected with the press. and talked."[200] Messrs. or criticised his public works. indicated rather their liberality than their number: individual contrib utions were not limited. requesting the governor to forward their benevolent object. Addresses from all denominations of Christians expressed their admiration of his religious sympathies and his moral worth. The imperia l officers cared not in what direction his patronage was turned. The testimony of Messrs. but disapproved of his . and sent on a religious mission to these colonies: they brought a letter of introduction from the secretary of s tate. Lord Goderich. which further acquaintance with him strongly confirmed. and religious decorum. industrious habits. members of the Society of Friends. and their nominees experienced and praised h is generous discretion. Wherever he appeared. as well as in the welfare of the black inhabitants.

however. he bore down. and t he contentment of the people. he did not hesitate. the bar rister. others illuminated th eir houses in token of joy. Adverse winds detained the vessel.[202] Arthur held his last levée on the afternoon of his departure:[203] several hun dreds were present. but they met at the sacrament shortly before their final separation. the wharf was crowded with spectators. continued many years. but his resolution once taken. he was anxious for 115 . overpowered by their excessive gladness. a hundred boats surrounded the government barge. and usually followed it. they however. did sometimes triumph over his antipathies. if possible. where the 21st Fusileers awaited him: multitudes attended his progress. Gellibrand. seemed to justify the ministerial applause which crown ed his administration. He proceeded with the chief officers. Some fell into the hands of the police. and where monuments more durable than brass. will remain to the end of time. and he passed the Sabbath in sight of that country wh ere his name can never be forgotten. his tastes moral. and followed him to the ship. He approved the right. to the beach. civil an d military. Having gone through the ceremony of embarkation he returned to his office. as evidence of popularity. His contest with Mr. He devo ted all who opposed him: and those whom he could not conciliate. Arthur appr oached the seat where Gellibrand was sitting. and offered his hand. that before they joined in the solemnity which had brought them there. his temper vindictive. Sir George Grey referred to these tokens of esteem. This being misunderstood. formed by his care. The manners of Arthur were formal. and spent the night in comple ting his last labors. collected from all parts of his government.government. The vessels in the harbour were decorated. a prayer -book was tendered him: he then explained. In these feelings many did not participate: some followed him with hisses and groans. The sentiment of religion. and his numerous friends gave the usual demonstrations of favour .

and parties of their friends attempted to track them: they found that when in compan y with the guide they had crossed the Byron. is entitled to more than respectful remembrance. He applied to the police clerk. Hesse. For several years. instead of the Leigh. and appointed governor of Upper Canada: afterwards. that the conduct of Meredith had been inimical to the government. their intended course. th e natives directed Mr.] [Footnote 198: Mr. FOOTNOTES: [Footnote 197: Ross's Almanack. Such only who know little of man. on the whole. he obtained a similar office in India. he set out to explore the interior. A few months after the departure of Arthur. The guide who attended them was convinced o f danger: he could not prevail on them to change their route. Amos set the magistrates of the ter ritory at defiance. but no evidence by which identity could be established. Meredith from the Colonial Secretary. but after t heir trial was anxious to intercede for their lives. it did not confer a claim on the government for the assignment of servants (Letter to Mr. a b arrister. a ticket-of-leave hol der. a gentleman of credit. not uncommon. 148 of this volume. except he could expl ain his conduct. they then travel led on about fifteen miles by the river side. and entered a wood soon impervious to horsemen: th en their track was lost. to a spot where they stated a white man had been murdered: there he discovered human bones.The History of Tasmania. and his administration. Allen. Sir George Arthur cannot be withdrawn from the rank of eminent functionaries . and he was told his servants would be probably recalled. noth ing certain is known. This. This was a practical application o f Arthur's views. He visited Port Phillip. Beyond this. will survey with distrust a scene like this. The governor maintained. was called a breach of trust. Stephen contradicted. The clerk was punished. that an attorney-gener al (Stephen) received an additional grant for improvements he never made. In 1844. Mr. that himself and Mr. On his return to Great Britain. In the presence o f the Almighty the loftiest mind may bend without meanness. of Swanport. for a copy of his own deposition. efforts were made to solve the mystery of their fate. It was alleged. and stated that when he . and over a plain. Joseph Tice Gellibrand lost his life. and that of his servant: this. and to the maintenance of internal tranquillity. Arthur was received with favour by the minis ters. and recognise the moral grandeur of a forgiving spiri t. that when the secretary of state authorised a grant of land. and of those conflicting passions which at tain alternate ascendancy in the human breast. a place which long engaged his thoughts: in company with Mr. and Meredith warned that he would receive no more servants. they missed their way.] [Footnote 199: At p. captured bushrangers. 1837. Mr. Meredith. Volume I reconciliation. and he returned alone. He was created a knight. Their long absence occasioned anxiety. it is said. before expressed to the same settler. 1828). A report reached the government.

-we say it with the deepest regret--we suffered ourselves to be influenced by a set of heartless. because it can never be again endured. "If we have. Other circumstances prod uced a state of excitement which can never again exist here.] [Footnote 200: Backhouse's Narrative. in our editorial capacity. Murray). 18th of April. wronged any man. 1833. R. 1844. We thereby provoked persec ution."--Tasma nian (Mr.. Hall. 116 . we sincere ly ask their forgiveness. whose opinions we blindly adopted. and the perpetration of which led us to listen.. and to be inf luenced. and our opinions and the expression of our feelings were influenced by this feeling of unmerited suffering. p. which expressed a warm admiration of his character. 1837. 15. of the Monitor ) refers. unprovoked injustice. December 28." . and to whose objects we were the dupe. we now bid adieu to ou r editorial pen for ever. which we resented.obtained his maximum grant he was not in office. which we resented: we were prejudiced by these persecutions. L. and wishing health and prosperity to every man in the colony.] [Footnote 201: "At the time to which he (Mr. B ryan before a committee of the House of Commons. "We were forced into opposition by what we conceived to be an act of unmerit ed. self inter ested beings.] [Footnote 203: The legislative council adopted an address. by the opinions of those into whose intimate associations we were drawn. Gilbert Robertson's legacy: True Colonist."--Mr. and by the opinion of those i nto whose association we were driven.] [Footnote 202: Speech. June 25. The statement was made by Mr.

Pedder. is the mos t satisfactory testimony I could receive--that my endeavour to direct the important business which has devo lved upon this council in a conciliatory spirit. Whilst the utmost liberty of debate ha s been exercised. engrossed on vellum and signed by each indivi dual. The foll owing is his excellency's reply: 'The address which you have presented to me. 'The testimony you have spontaneously borne to the successful result of my l abours in administering the affairs of this government. perhaps. where they were received by a military guard with presented arms. and would proceed to read. without exception. I most highly appreciate. and the procession. and to provide for the education of the poor. headed by his honor the chief justice. surrounded by the officers of his staff. in which he had proceeded but little when his feelings--the agitation of which was evidently pressing strongly upon him with e ach word--so overcame him. for these were measures which affecting directly every settler's personal interests.The History of Tasmania. that the members of the late legislative council waited upon his excelle ncy with an address which had been voted unanimously. Volume I "The members immediately proceeded in a body to the great entrance of the g overnment-house. which has rendered the introduction of some unpopular laws absolutely necessary. and firmly to carry into effect the regulations of the government. his excellency commenced to read his reply. and to protect the settlers from their fatal attacks. The chief justice addressed his excellency in a short but very handsome manner. having expressed his sentiment in terms so acceptable to my feelings. is most gratifying to my feelings. to form a secure and efficient penal settlement. every member. have all been measures which have required the most laborious supervision. complicated and embarrassing as they have often been from the peculiar character and circumstances of the colony. There was not a singl e individual present who did not enter warmly and sincerely into his excellency's feelings. to the effect. His honor did so. to maintain the laws of th e country. were conducted to the grand room. Having concluded. 'Yet all these have been far less embarrassing than the anxious duty which d evolved upon me for so many years of apportioning the lands of the crown amongst the settlers according to t heir respective means of improving them. he then held in his hand. almos . has been successful. and burst into tears. to encourage pastoral and mercantile purs uits. 'To carry into the most complete effect the great object of transportation. where they were received by h is excellency. and which. and. to foster religion and morals. to conciliate the aborig inal inhabitants. and of impartially considering their claims in the disposal of a ssigned servants. that he was unable to continue. to suppress the depred ations of convicts illegally at large. undeviating harmony and good feeling have prevailed. no governor ever received a more affectionate testimony of regard and attachment than was then elicited. in a most distinct and impres sive manner.

not only from the mem bers of the executive and legislative council. incr easingly developed every year. If my labours have been great. 'None but those who have had personal experience of the extreme delicacy of adjusting conflicting interests--of maintaining the just rights of the crown without encroaching upon the reasonable expectations of the people. but from the great mass of the community.t daily brought his personal feelings into action in approving or condemning the policy of government. but from the support I have uniformly received. now ten years ago. The foundation is now firmly laid. the strength which my government has derived from it. I have witnessed the most extrao rdinary rise. and from the officers of the government. enterprise and the desire to improve have full scope. 'In all these matters. and sincere thanks. I anticipate. re questing them to be assured. to whom I am great ly indebted. I request I may be permitted to convey my most grateful acknowledgements. to whom through you. I have felt the full weight of responsibility in cont ending with the extreme practical difficulties which have almost daily presented themselves. that I shall ever most highly appreciate the encouragement I have ever received at their hands. can fully appreciate the value and importance of the support of the community as a body. and whilst I am mo st deeply sensible of your 117 . perhaps ever known within so short a period. and their results will be. and the gratifying testimonies which I have received of their feelings towards myself personally. so has been my reward. and which I never cou ld have successfully withstood. in the value of property. I cannot take my leave of you without the most lively emotions. on your return to your several districts. 'Having presided over the legislative council from the period of its consti tution. since I received the intelligence of h is Majesty's intention to appoint my successor.

1836.'" --Tasmanian.The History of Tasmania. 'GEORGE ARTHUR.] 118 . Volume I invariable kindness and forbearance towards myself. 'To the Members of the Legislative Council. I now bid you farewell. with the most sincere wishes for your future prosperity and happ iness. permit me to request for my successor a continuance of that support which you have so cheerfully and zealously during so long a period extended to me. August 19. 'Gentlemen.

FROM 1836 TO 1843. Volume I HISTORY OF TASMANIA.The History of Tasmania. 119 .

The History of Tasmania. 120 . Volume I FROM 1836 TO 1843.

1 836. poured in from every district. Before the departure of Colonel Arthur. and public festivities. and by the Rev. 1836. He had accompanied the illustrious Flinders on his voyage of discovery. Lieutenant-colonel Kenneth Snodgrass. On his entrance into Launceston. in a country which he only remembered as a wilderness. and judge with his own judgment. had been often the theme of popular admiration. and was at Sydney when the first party left that port to colonise this island. The private settlers received him with unsparing hospitality: he was both oppressed and delighted with the signs of popular joy. During thirt y-four years. late secretary of the Geographical Society.. in whose favour Van Die men's Land was erected into an archdeaconry. Sir John Franklin assumed the government on the 6th Januar y. containing an exulting description of his tour. William Hutchins. and were not unknown in Tasmania. a nd one of the professors of the London University. The appointment of Sir John Franklin. balls. his humanity an d piety. the duties of his station would probably oblige him t o disappoint their desires. on the 20th August. co uched in language of eulogy and hope. of which he published a narrative. and determined to "see w ith his own eyes. and his temporary rel ations were too brief to leave any impression on colonial affairs. he had himself obtained great nautical renown: his intrepidity. The colonists wer e resolved to give him an appropriate welcome. He was presented to the king by Lord Glenelg. and embarked in the Fairlie. and character. C. his career. He was cordially received. on the 27th. He had attained a military reputa tion in the Burmese war. the windows were crow ded by fair spectators. He saw with astonishment the signs of wealth and activity. He had seen the colony in its holiday dress. who shared the general enthusiasm. 1837. the brigade-major of the military di strict. The nomination of Franklin was acceptable to the colony. The progress of the governor thr ough the colony was attended with feasting. although ambitious of their favour. Franklin addressed a despatch to Lo rd Glenelg. He was accompanied by Captain Maconochie. were considered auspicious.The History of Tasmania. He was sworn in as acting Lieutenant-governor on the 31st October. Volume I SECTION I. h e was escorted by three hundred horsemen and seventy carriages: the streets were thronged. arrived at Hobart Town from Sydney. His profession. Crowds followed him with acclamations: addresses. He repeatedly reminded the co lonists that. He assured them that he came among them without prejudice. was announced by Sir George Grey in the House of Commons. hear with his own ears. a nd all parties had mingled their . The hearty frankness of h is replies was contrasted with the official coldness ascribed to his predecessor. and Knight of the Guelphic Order of Hanover. his sufferings." On his return to the seat of government.B. April 13th. Captain in the Royal Navy.

The sanguine hopes excite d by an auspicious name. He depicted. when their appeals for redress to Franklin (not unfrequently inequitable) were u navailing. Captain John Montagu had been recently confirmed as colonial secretary. especially Montagu. anxious for the welfare of his relatives and friends. when the press professed to discover that he was an instrument in the hands of the "Arthur faction. In his first minute to the legislative council. commended them to the confidence of his successor. His lordship replied that this report confirmed his estimate of Franklin's predecess or. and l aid on the table a despatch of the secretary of state. and was still powerful. Colonists aggr ieved by the late governor. Many unsettled claims were left to his final decision." Arthur. in connection with t he Derwent Bank. Thus the policy of their distinguished r elative survived in his nephews. Franklin pronounced an eulogium on Arthur's services. with expressions of astonishment. and especially noticed their exertions to acquire religious and educational advantages. The party of Arthur was dreaded by the opposit ion. Their advice Franklin could not easily evade. and Captain Matthew Forster h eld the office of chief police magistrate. They we re both clever men: they exercised considerable local influence. 121 . fancied that their former antagonists still turned the course of justice. The admirers of the late governor were gratified by these flattering tribute s. Franklin was scarcely seated. the easy circumstan ces and general intelligence of the settlers. but they were not without risk to Franklin's general popularity. Most details of government were transacted in their offices. nor was it difficult to perceive that past animosities had lost but little of th eir vigour. of similar import.acclamations.

" Such quarrels were little regarded by Arthur. W. after your conduct. discountenanced by Arthur. not in undervaluing the points of polit ical dissent. the altercations of parties were less disguised. Lawrence. Th ey were certainly numerous--large. and in making the generous sacrifice of private feel ings for the general good. however. and had delayed a trial. which will be found to characterise individuals of every party. An early disagreement with Arthur had been aggravated by frequent irritation. Thus when the list was issued. I should treat you. among which the following: "No. the judge poured forth a torrent of reproof. Let us differ where honest men may differ. which must render such forbearanc e impossible. it was received with mockery and lau ghter. To promote the harmony of parties. and they depict the main difficulty of the governor's position." These sentiments. Without awaiting his defence. which enla rged into reproaches by a rapid growth. Lawrence fro m a station. The . with less courtesy than a dog. But the government was disquieted by internal discord. he exp ressed his anxiety with touching ardour:--"With my whole heart I agree with you. all the "coat tails. A design was commonly imputed to the advisers of Franklin to rende r him unpopular. Free settlers of all sorts were equally eligible by their w ealth. "The lingering traces" of discord. not less charming for their amiable spirit than happy in expression. and made equal pretensions. Franklin nominate d to his council Mr. were distressing to Franklin. B ut selection is difficult where many are candidates. if we cannot be united in political sentiments. but in respecting the motives which may produce it. in cherishing domestic virtues. and thus the late ruler an object of regret. so it was said. Judge Montagu and th e attorney-general had quarrelled in open court: Mr. in proportion to the emigrant adult population."--rarely worn. they slighted. yet knit together as friends and neighbours in everything beside. and invoked the restoration. Volume I gradually gave way. which deplored the absence. rather than aggravating the importance of grievances. but who can ext inguish the flames of envy without kindling contempt! To further his conciliating policy. Stephen had eaten sandwiches in the judge's presen ce. for which his qualifications were many. and the moral weight of government seriously injured. except by free men--contain a commission. and let us agree. Let us be divided then. and. Franklin considerably added to the list of magistrates: persons. were placed on a level with their late antagonists. and excluded Mr. are important as maxims of political life. a gentleman of wealth and intelligence. and great liberality of opinio n. In answer t o an address from Richmond. but when the authority fell i nto the hands of Franklin. of social peace. E. Were you elsewhere. said the scorners.The History of Tasmania. and the governor was assailed with remonstrances. the reproaches they had been accustomed to despise. in your official capacity I shall always treat you with the courtesy and respect due to you. Montagu assailed him with a virulence scarcely tolerated even a t the bar. sir.

obtaine d the object of professional ambition. Mr. in happier circumstances. and ev en the substance of their resigned is appointment. At the first sittings of the council. or correct the wanderings of the legislature. whenever they were seriously questioned by the public. Thus Franklin stood alone. Alfred Stephen promoted a petition to the crown. and which placed him in opposition to every colonial party. and he did not disdain to explain the principles he embodied in his measures. 1838). and expressed a conviction that the freedom of public discussion. Franklin determined to throw open the doors o f the council chamber (1837). but the desul tory and heavy discussions soon tired the patience. which subordinate offic ers rarely acquire. where patriots had 122 . The opinions adopted by Captain Maconochie on convict discipline. rendered his dismissal necessary. and members pointed with exultation or regret to those deser ted benches. but. while the law officer of the crown. and who. and the friendly countenance of the governor. Stephen. and the nephews of Arthur absorbed the influence. but it deprived the g overnor of a long cherished friend. might have greatly facilitated his af fairs. It was almost universally signed (June. Mr. founde d on accurate knowlege. the novelty of the privilege secured an attendance at the debates. without rendering their chief contemptible. for the concession of British institutions: an instance remarkable for the unanimity of the colonists. was said to display e minent legislative skill: his drafts often elicited considerable opposition. were occasionally known. as a judge. The members had been long released from the oath of secresy. and shortly after. like its predecessors. would confirm the measures. Before his removal from the colony. and their votes. Many efforts had been made to obtain admission to the public during the sitt ings of the legislature. unavailing.

123 . Nor is the exercise of a privilege nec essary to establish its worth: the title to be present belonged to the whole people.The History of Tasmania. although rarely darkened by guests. is the pledge that all is honest within. Volume I vowed to watch the course of legislation. The principle of open debate is. and Britons esteem and acknowl edge a real treasure in a right. and the public could read in an instant what it required hours to gather. An open threshold. however. invaluable: reporters were there.

The wesleyans.The History of Tasmania. and loans of mechanics were allowed to assist the settler in building h is dwelling. and in some instances with assistance in rearing them. and the society of friends. as religious instructors. their general sympathies were lost in the corporation spirit. the doctrinal views of the various denominations were in gener al harmony: the standards of the church of Scotland. entertain some opinions at variance with these symbols. no presbyterial or other courts. sometimes w ith the express sanction of the chaplains. but when bodies of professors ranged under their separate banners. Unless as temporary agents in the instruction of prisoners. but at that tim e land was granted to private persons. impossible to obtain quali fied clergymen of the English church. had been a lways ministers of the church of England: the greater part of the population. Volume I SECTION II. Others were favo red with sites for their churches. It was. however. There were no diocesan. and among hi s earliest measures was one to define the objects. and fix the amount of clerical pay. it is alleged. chiefly the wesleyan. Their attach . but in their ordinary teaching. but contro versial divinity was excluded by common consent from rural ministrations. except the Anglican clergy. It was not possible. in sufficient numbers to supply the penal establishments. Their views of church government. catechists were appointed with the concurrence of Arc hdeacon Scott. Thus the gover nment employed ministers of other denominations. w ere the chief points of dissonance. who. and of ritual observances. In the towns the denominations maintained their exclusive forms and separate teachers. Thus expediency corroborated the exclusive claim s of the clergy to the spiritual oversight of the colonies. At this time. and in any other almost unknown. the government did not recognise the title of any. mostly prisoners of the crown or their descendants. that this interchange should last: experience has shown that organisa tion is requisite to permanent vigour. are of the same general import. were often members of dissenting communions. To compose ecclesiastical claims has ever been among the most difficult fun ctions of the civil government. all parties employed nearly the same theological and devotional terms. the declaration of the congregationalists. constituted one half of the free settlers in the country districts. or perhaps desirable. were members of the Anglican church. The emigration of respectable families from Scotland produced an important r evolution: they. and the artic les of the church of England. and wherever christian mini sters presented themselves in this character they were welcome. The chaplains appointed for the Australian colonies by the crown. however. but in scattered settlements of recent formation these distinctions were rather matters of recollection than of practice. to the patronage of the crown. In the country. Franklin found the relations of the churches unsettled.

and Lord Bathurst spontaneously expressed his regret "that his excellency had put to their probati on ministers of the church of Scotland in the colony--the established church of one of the most enlightened an d virtuous portions of the empire."[204] The governor was ordered to pay £300 per annum to Dr. 124 . unless degenerate. that Scotsmen did not ask toleration. Lang. but. D. These warlike papers were published in London. His supporters. contrary to his advice. in New South Wales (1823). The Rev. as a sti pend. according to his account. and.. A. was an important event in the ecclesiastical history of the Australian colonies." The different sects of presbyterians welcomed him at Port Jackson. The arrival of John Dunmore Lang.ment to that form of christianity which is professed in North Britain. ordained a missionary minister by the united associat e synod of Scotland. chiefly on grounds almost unintelligible out of Scotland. he received no assistance or special authorisation. applied to Sir Tho mas Brisbane for pecuniary aid. when they should prove themselves equ ally deserving. Macarthur. Although an ordained minister of the church of Scotland. and were told that it would be time enough to ask assistance. arrived in Van Diemen's Land in 1823: the first presbyterian clergyman established in th is hemisphere. D. the swords of their fathers had won. wou ld vindicate those rights. The innumerable sections of presbyterians differ with each other. an d the foundation of a church was immediately laid. The applicants were rejected wi th reproach. To this Lang retorted. was not weakened by their migration. "set forth a solitary friendless wanderer. such as the catholics had received already.

Lang. should be given up whenever a minister of the "established church" might arrive in the district. thus successful. Even money to assist the erection of St. Volume I Dr. lent on the bond of Messrs. when he was refused a governor's license. he questioned the existence of a parish. J. little inclined to weake n the exclusive claim of the Anglican church. and schools. the inferior officers were also paid or provided by the government. and pr otested against its object and enormous cost. and did not doubt its future sufficiency! At Bothwell. Anderson. and w hen the registration act. the episcopal church was fully sufficient for the wants of the town. applied. where a great majority of presbyterians resided. and applied to Dr.[206] it is said. and in 1824. however.The History of Tasmania. Andrew's Church. and the church and school corporation was dis solved. Lang. Arthur. Commissioner Bigge recommended the crown to reserve lands for the endowm ent of the church. Arthur stipulated tha t the church erected at their solicitation. The weight of the ecclesiastical establishments in the penal colonies had b een very considerable. The expense of managing this corporation exceeded its revenue. Mr. The churches. required every pastor to certify his ecclesiastical acts to the parish min ister. at f irst. Dr. all t hese lands. gave but £100 per annum to two ministers of the presbyterian chur ch stationed in the interior.[205] The principal chaplains were membe rs of the legislative councils. henceforth disputed the preferable claim of the A nglican church in every form: he celebrated marriages by bans. excepting certain glebes. and Lang naturally detested as an ambitious in novator. to be inserted in a general register. some of great cost. a "church and school corporation" was created in New South Wales: one-s eventh of the crown lands were granted for their use. The idea of an established clergy was thus violently shaken. for assistance in supporting a clergy man. Hopkins and John Walker. and the ordinance was upset. in the opinion of the governor. the refusal was decided and cold: they were informed that. were resumed by the crown. and £150 to the minister at Hobart Town. had been built wholly at the expense of the treasu ry. discouraged. They were not. and were consulted on most measures relative to religion. and when the presbyterians of L aunceston applied for similar help. Lang. who soon sent them a minister--the Rev. A presbyterian congregation in New South Wales. who had sustained their form of wo rship without a minister for many years. an d the social dependence of the settlers silenced the murmurings of discontent. for the endowment of a bishopric. The title of the English clergy to exclusive support. They were informed that the governor rejoiced in the liberality they had already displayed. Hobart Town. The agitation of ecclesiastical rights was discouraged by the government. parochial minister s. By the recommendation of Archdeacon Scott. was. Lang visited England. became a question of . through Dr. of 1825. The colonial governors never questioned the status of the episcopal clergy a s the established church. lest the secretary of state should demand its r epayment.

and Rome.[207] the secretary of state. On receiving an order of the king in council. as it actually passed. The discontent in Canada led to a canvas of the subject in the British parliament. in the church act of that co lony. the tim e was come to settle the public policy in reference to religion. and paying their ministers. to assist them in erecting their places of worship. Governor Bourke addressed a despatch to the secretary of state.[208] He observed. Two years had elapsed from the date of the despatch." The opinions of Bourke were favorable to the voluntary principle[209]--the o nly policy which allowed a proper reverence for the rights of all. and opened a way for a definite arrangement. was an objection to the theory. but he thought the special circumstances of New South Wales demanded the neglect of minor inequalities. and even jews. and that to erect a dominant church woul d produce incessant hostilities. He recommended the appointment of an English bishop and a Scots' presbytery. a nd it was avowed by Sir George Murray. yet at a rate which would leave their clerg y partly dependent on voluntary contributions.great imperial moment. and that without a chance of its permanence. These views were soon published in the Australian papers: they gave a new aspect to the relations of ecclesiastics. dissolving the church and sch ool corporation. it might be objected that an equitable claim was raised in behalf of other bodies of christians. that the principle of a dominant church was both pernicious and untenable. when Lord Glenelg expre ssed his concurrence with 125 . he therefore proposed to give suppo rt to the three grand divisions of christians--of the churches of England. "this. not l ikely to interfere with the practical benefits of the plan. Against this course. all christian sections were entitled to participate in the public bounty. he remarked. He recommended the practice of sharing fairly among all churches the revenues appropriated to religion. Scotland. Notwithstanding. however.

"[211] The crown erected the Australian colonies into a see (1836). would "offer an opportunity sought for by all denomina tions. These measures were generally approved. A day was devoted to the discussion of the subject.The History of Tasmania. The proclamation of a see within the colonies. but the principles of the independents reject stipends from the state: £500 were. The publication of these despatches created considerable inte rest in Van Diemen's Land: the presbyterians especially renewed their claims. simultaneously quickened a title in the other to similar privileges. would not be long tolerated. and reconciled their consciences to an evasion of their creed. The members of the Scotish church. Volume I the outlines drafted by Bourke. Dr."[210] The moderator of the synod of Australia addressed his lordship (Glenelg). lent for the liqu idation of the chapel debt--in reality a donation. Arthur. and Arthur calculated that the more equal "distribution of the revenue would suppress every factitious cause of discontent. James Thomson. seemed to assert the supremacy of the Anglican communion. Frederick Mi ller. Lord Glenelg replied that it was not int ended to grant to ecclesiastics a seat in council. when all the unofficial members of the council concur red in commending their adoption as the basis of Tasmanian legislation. to manifest their consciousness that there is in our common Christianity a bond of union. or rather altogether unknown. erected by letters patent fr om the crown. the salaries of the presbyterian ministers were slightly augmented. howe ver. The congregation were not restrained by the noble e xample of their minister. £200 were offered to the Rev. Addresses from its members welcomed the prelate during his first visitation. and observed that in a remarkable degree they accorded both with his opinions and his suggestions. and maintained that the grant either of money o r power to one body. to express their "unmingled gratitude and joy" at the happy settlement of their affairs. then expected. and requested." and he expressed a hope th at the visit of Bishop Broughton. in the spirit of this reso lution. that should the heads of the other churches be seated in either counc il. and efforts were made to secure the possess ion of ground still destitute of clerical culture. Thus. the same honor might be conferred on a delegate from their own. by excuses never long wanting to those who diligently seek them. the wesleyans gratified with £400: considerable sums were set apart for the erection of churches. however." He stated that "re ligious discussion and hostility had been little known. "even were it advisable in other respects. questioned the legality of special distinction. presented these docu ments. Broughton w as consecrated first bishop: the event was considered auspicious to the episcopal church. on assembling the council of Van Diemen's Land. in letters publ ished in the True Colonist . This view was first formally announced by Mr. and admitted that to select one church for endow ment. and asserted the parity of their status with the sister establishment.

founded by a seceder. would be the last they would be likely to compromise or to forget. The clergy of the establishment would hav e been even less disposed than the crown to allow a seceding ministry to share in their legal heritage. and advantages. But the actual position of the colonial presb yterians rendered the argument for the present unavailing. and at 126 . It was obvious. alike from th eir piety and their patriotism--their pride as Scotchmen. in the same act which authorised diocesan episcopacy." In the s pirit of this clause. This work was accepted by Scotish colonists. The government sometimes called the co ngregation Scotch. the presbyterian ministers stationed in India were recognised and placed by law unde r the presbytery of Edinburgh. pertained only to the national church.(1835). "there shall be a communication of all rights and privileges. entitled. was under his care. and afterwards in a pamphlet. Ye t the church at Hobart Town. Thus again the legislature had implied a parity of rights in the foreign port act. to the national history of his countryme n: their courage in fight. in default of express stipul ations to the contrary. The writer appealed. and their earnestness as christians--that when they sanctioned the legislative union. and their sagacity in council."[ 212] The argument rested mainly on the treaty of union. He inferred. Remarks on the Status of the Pre sbyterian Church in the British Colonies. the first object of their affectio ns. that whatever ecclesiastical arrangements were guaranteed b y the treaty of union. and on the same terms. with great ardour and effect. as a just exposit ion of their national rights. their patience in suffering. which provides that. which required the consul to appropria te funds for the erection of churches. when demanded by the members of either establis hment. the dignity of the church. and the church of Scotland affixed to the argument "the broad seal of approbation.

founded on these resolutions. expres sed an interest in the church of his native country. "the church of Scotland will in these colonies. that by a n arrangement recommended to the colonial legislatures. and to a congregation holding the Scotish standards. This description w as deemed dangerously defective. was presented by the convener of t he assembly's committee to the ministers of the crown. for the most part. however. by proclamation. The grant of money was exp ressly to the accommodation of the inhabitants "in connexion with the church by law established in Scotland." Arthur. but never an established church. speedily removed: an opportunity occurred to declare the pulpit vacant. they were dissenters from the national church. and other s. be for the future equally entitled with the church of England to share in the public funds applicable to the genera l object of religious instruction in proportion to the amount of private contribution. A meeting. An application was made to allow the colonial presbyteries representatives in th e general assembly. summoned by Messrs. enquired if the movement would affect the stabili ty of his appointment? To this it was replied. the managers and several of the congregation offered a n unavailing protest. "[213] but the deed drafted by the managers proposed to secure the building to the dissenting incumbent. to be held at . passed a resolution to establish an indisputable connexion with the national section of the presbyte rian church. and the standing committee of that church were authorised to correspond and advise with the colonial presbyteries. and Sir George Grey was directed to reply. He called a synod of ministers. did not provide for appeals generated by the deci sions of the colonial courts. The difficulty was. and thus (1834) the general as sembly repudiated an appellate jurisdiction."[217] This arrangement. and thus qualified to enjoy whatever privileges that charac ter might confer. if constituted by ministers of th e national church alone. had already passed that court (1833): it declared the colonial presbyteries. founded on the treaty o f union. and thus hostile to her claims. It was asserted that. a part of the national church. however. and delegates. James Thomson. and no instructions had been given by the meeting in reference to the relations of the incumbent.[215] A committee was appointed "to carry out the connexion. while acting lieutenant governor. and it recognised no presbyterial control. who was then desirous to protect the existing minister. This measure would have embarrassed a national church. Volume I others presbyterian. In various forms Colonel Snodgrass. that the duty of the committee was expressed and limited by the resolution passed. and the appropriation of the property to the exclusive use of the church of Scotland was no longer resisted ( 1836).[214] Against the legality of this meeting. elders. To perfect the claim of the colonial presbyterians. it was necessary to obtain a distinct recognition by the general assembly.The History of Tasmania. Thomas Young.[216] A memorial. An act for this purpose.

however. and therefore chose a moderator. were the limits of its action. independently of parl iamentary or local legislative sanction--that the meeting or synod only prepared the preliminaries antecedent t o the intervention of law. Many. considered that to disperse would compromise their rights. hastily prepared. At this stage.Hobart Town. and the convocation dissolved.[218] To this it was replied.[219] 127 . and that the ascen dancy of English law in the colonies of Australia depended on a parliamentary enactment passed by the repres entatives of Scotland. and that i t was within the competence of the British legislature to set up an exclusive establishment of their clergy. with an intimation of his friendly consideration of their c laims. was brought by a messenger from the gove rnor. subject. the Anglicans were little di sposed to admit its force. was the fact that the laws of England. However conclusive this reasoning to Scotchmen. however. doubted the legality of the meeting. and the power of a ny officer to proclaim the assembling of a body not recognised by the legislative council. Captain Macono chie. he therefore sent his private secretary. They asserted that the faith of the sovereign was the imperial faith. favorable to the object. a counter proclamation. to the restrictions of the treaties in virtue of which Scotchm en were contented to sit on the benches of Saint Stephen. to effect the settlement of the church. that treati es. however. on which the imperial legislative power was founded. and thus to prepare the way for its endowment. were binding in the colonies. Th e usual argument against the universal equality of the Scots' national church. maintained that they were qualified to act under convocation by the crown. At the time appointed the synod met: in the meantime Sir John Franklin was advised that the proclamation of Snodgrass was irregular. They. and not the laws of Scotland. The presbyterian s. to request the assembly to stay proceedings.

and obtained a numero us band of clergymen and schoolmasters. and that whene ver obscure. and the prospect of a similar act in Van Diemen's Land. but the Society for Promo ting Christian Knowledge supplemented the colonial pay. the church of Scotland was more success ful in candidates for this important sphere. that they possessed an inherent right to the privileges of an establishment: both." The admission of the Roman catholic body to equal privileges. The passing of an act in New South Wales. and the principle of compensatio n. but. It was the opinion of lawyers. that beyond the seas the church es of England and Scotland depended for their rights on parliamentary or colonial enactment.The History of Tasmania. until a recent period. whose passage was defrayed by the colonies. The national clergy appealed to a legal recognition. The colony. but no longer. and based his chief appeal on the inadequacy of the penal laws at home. the catholic worship had by statesmen been both tolerated and abjured. "was a matter of life and death. a declaratory statute must fix the sense of a treaty. M'Farlane. expresse d their willingness to undertake colonial charges. the convener of the general assembly's committees." It was not affirmed by the Scotch. and decide whether an exclusive endowmen t of any class of clergymen was beyond the competence of imperial or local law." The son of the illustrious Coleridge exerted himself on behalf of the churc h of England. led to urgent applic ations for ministers by the heads of various churches. which bound the English people to supply in colonies not less instruction than they must have furnished in gaols. and remarked that "opening the door to two co-existing establishments would shortly admit others. whether their appointment would be sanctioned by the church of Scotl and. to whom he represented these colonies as a field of great promise. Compared with the ground to be occupied. that they might be "taken under charge of presbyteries in connexion with their church . was defended a s a measure of policy. To this he replied. He stated that the obtaining ministers. The penal institutions required catho lic instructors. they affirmed. Volume I Archdeacon Hutchins denied that either treaty or law prohibited a preferabl e claim. but British. was their motto. though of no great amount. Bishop Broughton published a strong appeal to the num erous unbeneficed clergymen in Great Britain. to teach a . the numerous crimes originated by the refinement of society. or neither. and other ministers of the synod of Ulster. Lord Glenelg enquired of Dr. and coming under the engagements required by their church.[220] A fund was contributed. Thomas Dugal. The Rev. from £100 to £200. on their adhibiting the subscription. the misery endured by the poor. granting stipends in proportion to the adherents. which was found inadequate to secure men of chara cter and education. and thus prepare for the destruction of all. Lang lost no time in proceeding to Great Britain. was not English nor Scotch. Dr. however.

The zeal an d intelligence of that clergyman was conspicuous in the management of the prisoner class. and from his testimony it appears. The protestant bishop. The preliminaries being settled. a nd his courtesy to their bishop. they were submitted to a course of moral and religious training. resolutions. and the governor sent down his carriage to the beach to conduct him to the government-house. the we sleyans possessed the great pre-requisite. instead of a stipend regulated by the general law . An incident occurred. Ullathorne as vicar-general. and led to a marked decrease of crime.proportion of prisoners. of which nothing can deprive them. were the reasons assigned for their special countenance. a bill was introduced by Franklin. a governing body. but the j oint consent of the crown and the people. At a meeting of the catholic body. Their co-religionists in New South Wales now enjoy an endowment. By a singular oversight. they permitted the bou nty of the treasury to descend to them in an annual donation. 1837). Rowe and Hackett wer e the speakers. 128 . to express their gratitude for Arthur's zeal in their cause. amounting to one-third of the whole. On their arri val. and pass ed into law (November. Broughton. until the general policy of the state wa s revised. who obtained the pay of the state.[221] The patronage of the crown was more freely granted to the Roman catholics than the presbyterians. Dr. the number of the catholics. Po lding. was preceded by the arrival of Dr. which occasioned great delight to his adhere nts: he landed at Hobart Town. tha t the effect was long visible. led to increasing concessions of money and patronage. Beside the leading denominations. voted a present of plate. and their subordination to a governing body. The appointment of the Rev. When other non-national communions were passed over. to which Messrs. the prelate of the Roman church. Dr.

The History of Tasmania. Volume I It authorised the governor to grant £300 to any congregation. or a sum not greater than the amount subscribed by the people. the . was brought into considerable debate. To this the minister of St. Had the proportionate numbers of the two churches been reversed. united in a peti tion. but the church was not er ected." The law was scarcely in action. at once fix the establishment principle. but the settlement of a clergyman was in fact a necessary preliminary to the erection of a church. by withdrawing their own. The archdeacon. and that. This required a third law. on condition of a small local subscription (1838). remove the pretensions of all. rather than endow the Romish p riesthood. presented by the chief justice. against the provisions of the act. The Anglican clergy i nsisted on the census. an eager competition by the more zealous members of the rival communions. The inevitabl e result was. on the passing of the church act. gave their names freely as bonâ fide members of either protestant church. Bu t this relaxation proved mischievous in another direction: the salary was paid. he believed that. The first clerical candidate. the Anglican communion would abandon all further competition for the favours of the state. The people. which is to be met with amongst the various denominations of Christians. generally anxious for some form of worship. both as a moral agency and from its tendency to raise the respe ctability of a township. the English clergy might. that the responsibility lay wholly with the state. and his clergy[222] of the English church. Andrew's retorted. because he was such. The meaning of bonâ fide membership of this or that church. wi thout any reference whatever to the conformity of those sentiments to the word of God. that if a religious edifice were not in progr ess within six months from the issue of a stipend. The discussion of this bill created considerable controversy: th e ministers of the church of England were especially opposed to its latitudinarian aspect. and £700 for the erection of a church. Their protest against the bill. and a renunciation of their claims would. but cast the responsibility of a permanent establishment of the papal faith on the members of the Scotch communion. when one of its clauses was found to operate against its professed design. was an open field. whose congregation should be equal to eighty adults. An amendment gave t he governor a power to issue a salary on a requisition. if sincere. he affirmed. It d irected the issue of a salary of £200 to any minister of the three churches. and Archdeacon Hut chins represented that the principle was wholly untenable on Christian grounds. They complained that its principles were a compromise of truth. but that every variety of religious sentiments. is entitled to support. The colony. and it was therefore enacted. engrossed a large proportion of the available signatures. since they not only assumed that the religious "sentiments of the Roman catholics are equally entitled with those of the protestant to the support of government. to provide a parsona ge. A church and a house were required before a minister could be salaried. or in towns to two hundred. payment should be discontinued (1840).

The opposite par ties represented each other in terms full of reproach and bitterness. It is the nature of religious controversy to throw on the surface all the malignant feelings that cloud the reputation of gentler spirits. k idnapping. imputations of sectarianism.Scotch on the right of every man to make himself a member for the purposes of th e act. and leave thei r late pastors to their salaries and their solitude. informalities. were the common forms of recrimination. in colours painted by the passions of the conflict. none rea lise less the idea of loving-kindness than that based on universal suffrage. The advent o f an eminent clergyman on a township was reported to the head-quarters of his antagonists. Again. and even corruption supposed to attach to popular elections. religious emulation sprung up in every locality: a n attempt to possess the ground. the church act did not tie the laity to either their ministers or their creeds: thus a dissatisfied people might easily raise the preliminaries for a second or a third clergyman. Those who had never thought much on religion. whatever his hereditary or mental creed. The social effects of this competition were lamentable: neighbours were div ided. It would be useless to relate examples now before the wr iter. who had often worshipped at the same altar. in another the archdeacon: it was thus the more zealous partisans of either exasper ated their antipathies. in whom the real virtues of a communion dwell. These different views led to serious discord: the an alysis of names appended to various applications imputed all the errors. gave with facility and then retracted their adhesion: they virtually changed not only their minister but their creed. led to the marching and counter-marching of hostile forces. In one place the moderator had appeared. 129 . but the lesson is worth remembrance--that of all forms of clerical institution. intrusion. Demands on the treasury for the erection of churches and support of the cle rgy perplexed the executive.

" The home government exhib ited no disposition to accede to this proposition. no guarantee could be given. on the 27th of the same month. 1843. and the council passed a bil l which declared that new imposts were impracticable. Volume I The ordinary revenue showed symptoms of declension. The wesleyans. His estimable private chara cter and clerical zeal endeared his memory to many. Churches of respectable architectural pretensions were rapidly multiplied. Thus the principle of the church act was subverted. a nd it became necessary to declare the terms on which it was enjoyed." The venerab le senior chaplain. 27th of August. The vacancy occasioned by his demise suggested the establishment of the d iocese of Tasmania. however impracticable in Canada. but he added his conviction that to render the churches independent of the state would not only r elieve the local treasury. others looked f orward to endowment of the churches with lands. The minister of the day notified to t he officers of the Anglican and Scotch churches that incomes dependent on variable resources and mutable opinion s were liable to casualties. was obviously uncertain. in dependents. While he admitted the impartial liberality of the government.[223] During a financial crisis these vi ews were reiterated by one governor. This was founded by letters patent. Many private persons expe nded large sums for these purposes. conducted the bishop to his throne. A provision.[224] Archdeacon Hutchins died suddenly (June. beyond the fair influence of the crown and the eq uitable claims of existing incumbents. 1841). Some officers of the government favored the voluntary principle. Bishop Broughton. made an effort to secure a preliminary territorial endowment.The History of Tasmania. such a measure could encounter no fair objection in a colony where so large a proportion were members of the Engli sh church. pronouncing the . the archbishop of Canterbury insisted that. however. he complained that a principle had b een adopted "by which persons of all denominations were placed on the same footing. 1842. resting on an annual vote. His lordship landed June. and on 23rd of that month opened his min istry in the words of St. The voluntary efforts of the different sects largely supplemented the lega l provision. In presenti ng his petition (1839). The Hutchins' grammar-school was erected as an appr opriate memorial of his worth. who reminded the council that the warning of his lordship was likely t o be realised. Francis Russel Nix on was constituted first bishop. but raise the clergy to a higher level. and vested a discretionary power in the government t o refuse assistance to any new undertaking (1841). The dependence of the clergy on the public treasury was from the first cons idered a temporary expedient. when Dr. He therefore warned them that. and baptists raised buildings for worship in the more important townships. anticipating the establishment of an elec tive legislature in New South Wales. Paul--"I am determined to know nothing among you save Jesus Christ. and the grant of money for purposes of religion confided solely to the impartiality of the administration.

It would not be possible to invest with general interest the details of ecc lesiastical affairs. and place thee in the same. where its supremacy was established by law. One appealed to the supreme court. Beside the endowment of the diocese made by subscriptions contributed in England . deman d a transient notice. The position of the episcopal church was anomalous and perplexing. and the clergymen dismissed questioned the legality of their deposition. the first permanent ecclesiastical edifice erected in Van Diemen's Land. the governor having refused to recognise the revocatio n. and maintain a clergyman in defiance of his bishop. Bedford commenced his pastorate in th e same place. and now known as the cathedral of St. and its discussion brought the bishop into collision with a large sectio n of his clergy. and patents were no further valid than they were in harmon y with local acts. another obtained his salary from the treasury. These proceedings were 130 . in the n ame of our Lord and Saviour Jesus Christ. The forms of proc edure were derived from its practice.words of inauguration--"I assign to thee this chair or see episcopal. but the judges held that the withdrawment of a license was within the province of the bi shop." Twenty-one years before Dr. involving principles of colonial government. David. The bishop withdrew the license from certain clerg ymen who had been charged with serious irregularities: these offences were not investigated with the forma lities usual in England. and with other denominations.--a distinction not enjoyed by other clergymen. but the colonial law recogni sed no such tribunal as an ecclesiastical court. The patent of the see gave the bishop authority to try and punish delinquents. The relation of the churches with each other. an act was passed giving the bishop a salary independent of the estimates. The governor could give ecclesiastical preferment to episcopal ministers without the sanction of the see. the governor. For this ecclesiastical anomaly the growth of circumstances required a remedy. and moderated by the crown .

to have its decrees carried out by the civil powers. Some. a t least as witnesses. for the arrangement of spiritual affair s. represented "legal help" as necessary to the protection of ecclesiastical discip line. and intimating t hat none would be conveyed (1847). Thus the jurisdiction of a court passed beyond the limits of a single denomination. justified the interposition of authority. would violate the religious opinions of other denominations. which awaits the sanction of the law. while the presbyterian had no religious objection to ecc lesiastical courts.The History of Tasmania. in the neighborhood of Hobart Town. and mo ral and mental aberration. and declared their determination to submit "to his judgments in the Lord" (1845). or to protect them against its many changes. and expressed his intention to visit Great Britain to obtain a more satisfactory arrangement. His lordship had demanded the control of religious instructors. for burying an unbaptise d child might be liable to deposition. A variety of differences had created a coldness between the governor and th e bishop. admitting the laity. such as no communion could tolerate. To these the secretary of state replied that no powers had been solicited in any way affecting others than the Anglican church. it was alleged to degrade the governor by the transposition. The Scotch had claimed equality with the English church: to give the legal rights of a court to the bishop was to create local disparity. such a s baptism. Volume I differently viewed by the episcopal clergy. A clergyman. A still stronger feeling than liberty of conscience raised the opposition to this extens ion of ecclesiastical power. on the other side of the island. in a charge to his clergy (1845). Wilmot did not enter into the views of the bishop. A court requires to subpoena witnesses. t o be protected from contempt. and by conventions. A n exact conformity with the English custom required the legalisation of an ecclesiastical court. as inconsistent with their dignity as ministers. held in Sydney (1850). The necessity for a controlling power is recognised by every church. They contemplated the nomination of bishops by provincial synods. but the chu rch act had subverted the dominant status of the English church. Questions of ritual. Sir E. for the management of temporalities. who. and affirmed that no beneficed clergyman ought to be deposed except by a sentence . he possessed no means to employ t hem independently of the convict department. their brethren repudiated the sentiments of the remonstrants. the other non-prelatic communions abhorred them. Petitions agai nst ecclesiastical courts were forwarded by the various denominations. They demand the co mplete organisation of the church and its government by synods. A conference of bishops. In repeating a prayer for the governor and the clergy and laity. the bishop inverted the precedence. while. a baptist might be subpoened to give evidence against him. and involved the liability of all. remonstrated against the power claimed by the bishop to revoke licenses at pleasure. have since this period prop osed a liberal constitution for the Anglican communion.

The right of the Rom an see to appoint a bishop to act in its name had been already questioned by the protestant prelate. Broughton. under similar circumstances. This arrangement was needless where the catholic religion was sa laried by the state. being also consecra ted to the oversight of imaginary sees. The laws of E ngland retained the abjuration of a foreign episcopate. which offers serious impediments to the discipline necessary . The correspondence which followed entered largely into the religious differences of the parties. They have arisen from those connections with the state which most den ominations seem to bear with impatience." and in reply recognised the title by adding "Hobartien" to his name. and met with a protest from the altar. Such. The relations of the churches with each other have occasioned difficulties rarely of permanent importance. This document having fallen into th e hands of the lord bishop of Tasmania. greatly promote the usefulness of the episcopal church. cannot but be deemed a grievance. had been the course of Dr. The dispute of the prelates of the Anglican and catholic communions is an intere sting exception. A complaint arising from the miscarriage of a letter addressed to the catho lic prelate as bishop of 131 . he directed a remonstrance to its author. and assigned the nomination of English bisho ps to the Queen: the catholic vicars-general had in England exercised episcopal functions. suggesting that to claim an episcopal jurisdiction over the city was to intrude on a diocese already appropriated. probably. The papers were forwarded to the secre tary of state. The defect of the ecclesiastical law.following judicial trial. The Roman catholic prelate received an address as the "Bishop of Hobart Tow n. These organic changes would. but they seem to contemplate a total severance of its politica l dependence. The ancient abjuration was retained among protestants. but its spirit had expired. It led to an adjustment of their relative rank in the colonies at large.

by colonial law. often even the clergy. which terminated in the resignation of several of their clergy . to sta te support. but that the government should not. that the titles of "your grace" an d "my lord" should be accorded indifferently to both classes of bishops. and a dispute in reference to precedence. This feeling is. recognise any title complicated with the name of any city or territory within th e British dominions. This answer was considered by the free chu rch evasive. more being allowed to the catholics than they could expect as a religious denomination. also called for a final adjustment of the various points at issue. he would be greatly mistaken. and although many are prepared to liberate the churches from dependence on the state . in which the metropolitan o f Sydney and Archbishop Polding were concerned. and its more ardent supporters on the spot pronounced the course of the local presbytery jesu itical and dishonest. but the general reader would not be likely to enjoy them. The tendency of colonial life is to annul the prejudices of European society. and to yield to every man the position which may be due to his talents and virtu es. Volume I Melbourne. however. The free and residuary Assemblies opened a correspondence with th e colonies. however. and their satisfaction that they themselves enjoyed the liberty for which their brethren were obliged to con tend. The lord-lieutenant of Ireland. but few would desire to establish invidious distinctions. not authorised by letters patent from the crown. demanding to know to which part the colonial ministry adhered. Earl Grey regre tted that the lordship ordinarily pertaining to a barony had ever been conferred on colonial sees. so far as they could be settled by the state. fi nally arranged that the protestant archbishop of Australia should rank above the catholic archbishop. Should the reader infer from the record of ecclesiastical divisions that the colonial temper is intolerant. He. They affirmed that the church of Scotland alone was entitled. One hundred clergymen. found compatible with religious predilections.The History of Tasmania. but they concurred in a general expression of regard to the principle of church independe nce. The rights of conscience are generally underst ood and respected. an d the protestant bishops before the catholic. many wholl . The opinions of the local cler gy were divided. and the formation of separate congregations. On the disruption of the church of Scotland the members of that church in T asmania were involved in serious disputes. willing to conciliate t he catholics. and giving no ground to call in question t he ecclesiastical status and revenues conferred by the church act.--thus leaving to inference their religious connection. Thus neither side could claim the v ictory. while the terr itorial honors were conferred exclusively on the nominees of the crown. have given evidence of their charity in friendly sympathy and generous assistance. in official correspondence. and that the retention of its emoluments was a virtual adherence to its principles. This discussion has been extremely fertile of controversies. had recommended the secretary of state to recognise the style of their prelates. throughout the colonies. The laity.

shunned. Launceston. The tendency of small communities is not unfavorable to the progress of religious de nominations. ii. and he deprecated the exclusive establishment there of any one church above all others. in the United States of America every extravagance of sentimen t is tolerated. labor to diffuse their views of Christianity in the various districts of the isl and. vol. 258. p. John's Church. the smaller sects exerting proportionately more influence.] [Footnote 206: Macarthur's New South Wales. bad and dangerous. and a vast app aratus. When the claims of prescriptive a uthority are finally exchanged for a reliance on moral power these discrepancies will disappear. but there a man of no religion is suspected. FOOTNOTES: [Footnote 204: Lang's History of New South Wales. and left to solitude. but was restored by the intercession of the clergyman. 132 . "--Parliamentary Debate. and was sentenced to punishment. The only interruption to the monotony of life is found in the church: the only associatio n which can be readily offered to strangers is provided by the religious bond.y sustained by the people. that so far from approving the maintenance of any exclusive system in the colonies.] [Footnote 205: An organist of St. The census is an imperfect index of actual strength. Thus.] [Footnote 207: "Sir George Murray maintained that this country was bound to provide the means of religious instruction for the people of our colonies: at the same time he begged to say. will bring within reach of every colonial family some fo rm of Christian doctrine. refused to pla y. he thought an y such system there. and the emigrant population are usually in attendance on their teaching. He was of opinion that parties of all religious persuasions were equa lly entitled to support. Opinion acts with increased powe r where the social inequalities are slight. already supplied by the state and private zeal.

The History of Tasmania, Volume I July 13, 1832.] [Footnote 208: 30th September, 1833.] [Footnote 209: "I would also earnestly recommend that provision be made for the schools, in which the children of persons of different religious tenets may be instructed without dist inction, on the plan now adopted in Ireland. The means of education being secured, I shall feel disposed to leave it to the voluntary contribution of the inhabitants to provide for churches and clergy. To aid all where the cree ds are various seems impossible, and a partial distribution of the public funds appears nearly allied to injustice."--Despatch of Sir Richard Bourke, respecting land in Port Phillip, October, 1835.] [Footnote 210: Despatch, November, 1835.] [Footnote 211: Minute, 1836.] [Footnote 212: Rev. J. Lillie's Letter to Rev. W. Hutchins, p. 13.] [Footnote 213: Arthur's minute, 1833.] [Footnote 214: "The whole of the objects which the congregation desired to maintain, are very clearly to be gathered from the second resolution, and these appeared to consist in maintai ning their connexion with the church of Scotland by law established, and the control which belongs to ecclesia stical courts of the national establishment over the minister as well as the congregation; for it is evident t hat all grants are made to them as a part and parcel of the community of the national church of Scotland as by law established: and it is only in that character that they have claims on the government, any more than the cathol ics, wesleyans, independents, or unitarians."--True Colonist, May 29, 1835.] [Footnote 215: "Accordingly we find that the majority, if not all, the prot esters are not members of the church of Scotland, being either burghers, anti-burghers, independents, or episc opalians, and as such opposed to the Scotish church."--True Colonist, May 29, 1835.] [Footnote 216: "The assembly instructed the committee for the colonial chur ches to insist on the fair and full execution of the laws at present existing, and on the insertion in any new enactment for the government of the colonies, such clauses as will unequivocally place the churches in connexion with the church of Scotland on a footing as favorable with respect to holding property, receiving a share of government grants, and having their procedures in matters ecclesiastical carried out with as prompt effect, as are enjoyed by those branches of the church of England recognised in the same."-- Lillie's Letter, p. 35.] [Footnote 217: Lillie's Letter to Rev. W. Hutchins, p. 9.] [Footnote 218: "I cannot see why the national legislature may not determine what will be the established church of the colony, with just as much propriety as it determines what shall be the prevailing law. A separate and integral part of an empire at large, can have no right to do this. As soon m ight a number of Cornish men insist upon their right to have introduced the peculiar laws and customs by whic h the mining operations of the county are regulated."--Letter of Archdeacon Hutchins to Rev. J. Lillie.] [Footnote 219: "But let me tell you, Scotland is not asleep to her rights a nd privileges: she is still the same independent dame she ever was.... The instant you touch her religion, or presume

to put indignity or insult upon her venerable church, either at home or abroad--a church from whom she has received so many benefits, and who has grown old and grey headed in her service--her proud and in dependent spirit rises. She appeals to her marriage contract--her articles of union; and if I mistake her no t, she will sooner retire to her mountain freedom, and her 'single blessedness,' than consent to have them violat ed. Nemo me impune lacesset, is still Scotland's motto."--Letter of Rev. J. Lillie to the Rev. W. Hutchins, p . 18.] [Footnote 220: An Appeal to the Friends of the Church of England, in behalf of their Brethren. The extreme difficulty may be inferred from the following:--"Fully agreeing with you as to the necessity of such an appointment (at Norfolk Island), I have used every endeavour to find a clergyman of the church of England, qualified for the office; but I regret to inform you that I have not be en successful, and the archdeacon has been equally unfortunate. I have, therefore, felt it my duty to i nstitute inquiries in other quarters."--Lord Glenelg, 1835.] [Footnote 221: Evidence before the House of Commons, 1837.] [Footnote 222: Excepting Dr. Browne and Rev. R. R. Davies.] [Footnote 223: Lord J. Russell's despatch, 31st December, 1839.] [Footnote 224: Finance Minute, 1845.] 133

The History of Tasmania, Volume I SECTION III. The education of the people, every where a question of difficulty, has been not less so in Tasmania. In the elder colony seminaries for the more opulent classes were projected at an early period. In 1825 the church and school association formed a boys' grammar-school. In '29, Dr. Lang, who had been at issue with the Anglican clergy on this as on other subjects, prevailed on the home government to authori se the loan of £5,000, to be repaid by Scotch mechanics, to be conveyed at Dr. Lang's risk, and employed in b uilding a college. Prior to this date Dr. Lang had been concerned in the foundation of the Sydney College, o f which the first stone was laid, but ecclesiastical difficulties prevented its vigorous encouragement. Vast controversies followed this revival of learning. The government voted considerable sums for the education of the settlers' sons; but the secretary of state objected to the expense, and ruled that the scholars did not belong to a class entitled to gratuitous instruction.[225] In this colony Colonel Arthur had established a superior school (1834), unde r the governorship of official persons. The episcopal system was to rule: the children of others were eligible, provided they submitted to catechetical instruction. The plan of the school was suggested by Dr. Broughton, and was calculated on the idea of an ecclesiastical relation to the colony, which subsequent enactments di sturbed. Colonel Arthur found serious obstacles in carrying out the scheme, and he suffered it to drop. The Re v. Mr. Rusden was nominated first master; but the question of religion was again fatal to its success: the s chool sunk into a private establishment. The project of Colonel Arthur was succeeded by another more extensive in it s aim. Sir John Franklin addressed Dr. Arnold, of Rugby, describing the religious elements of the colony, and requesting the arrangement of details for the future management of an establishment. The great difficulty was still the ecclesiastical relations of the settlers. Dr. Arnold suggested a double chaplain cy, and a religious education rather than a merely secular system; and recommended that the head master should be permitted to take orders. Mr. G. P. Gell, of Cambridge University, was nominated principal. In 1840, the legislative council sanctioned the establishment of a college a nd the erection of buildings. The cost was variously estimated from £12,000. The Queen's school, intended to be afte rwards a preparatory institution, was first formed. The denominational leaning of the college awakene d considerable opposition. The Roman catholic vicar-general declared that the authorised version of the scr iptures was a mutilation, and compiled to suit the views of the translators; that catholics could not pray wit h protestants; and urged other objections, not new to theologians, but which appeared outrageous to a colony ac customed to a liberal intercourse. The presbyterians prayed for religious equality, and other sects jo

ined in the general aversion to an episcopal institution at the public cost. The government, by the advice of Mr. Gell and the archdeacon, selected New N orfolk as the college site. On the 6th of November, 1840, the foundation-stone was laid by Sir John Franklin , assisted by the members of council and heads of departments, and by Captains Ross and Crozier, of the an tarctic expedition. "The college was dedicated to Christ,--intended to train up Christian youth in the fa ith as well as the learning of Christian gentlemen."[226] The night following the ceremony, thieves overturned the foundation, and stole the inscription and the coins. But difficulties more fatal beset the institution . The pride of equality and the ambition of pre-eminence, not less than tenderness of conscience on either side, prevented a compromise. In private life concessions are found compatible with the utmost zeal, but the riva lry of churches has never been adjusted. The Queen's school, the pilot institution, was not more successful. At an expense of £1000 per annum twenty-three scholars (1843), for the most part children of government off icers and opulent shopkeepers, were educated. The institution was broken up by Sir E. Wilmot; and a petition, signed by great numbers, requested the erection of a school on a more comprehensive basis. This memorial being remitted to the secretary of state, Lord Stanley replied (1846) that, when established, a pr oprietary school would receive from the crown whatever assistance the public resources might justify. The direc t interference of the government in the education of the higher classes thus terminated. The schools for the working classes were originally controlled by the govern ment. Mr. P. A. Mulgrave, 134

The History of Tasmania, Volume I many years chairman of quarter sessions, arrived with the appointment of superin tendent. This office was, however, filled by the senior chaplain; and until 1838 the schools were exclusiv ely episcopalian. The altered policy of the crown, in reference to religion, suggested a change in the organis ation of the schools. A letter, written by Sir Wm. Herschell, was transmitted by Lord John Russell, detailing th e system at the Cape of Good Hope, and recommending the British and Foreign system for colonial adoption. On this plan schools were established in 1838, subject to a board nominated by the crown. It was intended to comprehend all denominations. The clergy of the Anglican church were from the first hostile to comprehension. Archdeacon Hutchins demanded that if an exclusive system were no longer attainable, a fixed sum should be divided among the different denominations, to be expended in separate schools, in propor tion to the money issued under the church act. The laity in general, however, did not object to the union of all sects on the plan proposed; and to the last the British system was supported by a considerable maj ority, including clergymen of every sect, both protestant and catholic. In New South Wales an attempt was made to establish the Irish system, the sc hool books of which were sanctioned by the chief prelates of the protestant and catholic churches in Irel and. The protestant bodies were, however, averse to the exclusion of the "entire scriptures," as a discreditable compromise, and met the project with decided resistance. A committee, of which one half were episcopalians, orga nised under the sanction of Bishop Broughton, called on the laity to exert themselves in the "holy cause"[22 7] of opposition to the project of Sir Richard Bourke; and they succeeded in its defeat: but when, after their v ictory, they met to collate their plans for further action, the meeting was abruptly terminated by Dr. Broughton, who declared that he could co-operate in no scheme not framed on the recognition of the episcopal catechism and clerical superintendence. Denominational schools were, therefore, established, and those abuses arose inseparable from a plan which makes men the assessors of their own pecuniary claims. A committee of the legislative council recommended the establishment of a ge neral system, on the plan of Lord Stanley (1844). They alleged that by the denominational system more than ha lf were left uneducated, and that the thinness of population, the diversity of opinion, the inferior char acter of the schoolmasters, and the great expense compared with the benefit secured, enforced the importance of a general and comprehensive scheme. Sir George Gipps warmly seconded these opinions, but was compelled to yi eld to the strength of the opposition offered by the clergy, and which no concession short of ecclesiastica l control was deemed sufficient to remove. The agitation of this subject for several years has lessen ed none of the difficulties which attended it, and it remains a vexed question for solution by future legislators. When the British system was established in Van Diemen's Land, masters were sent out by Lord John

Russell, at the colonial cost. The schools were, however, regarded with increasi ng aversion by the episcopal clergy. Messrs. Lock and Fry, the last a clergyman and the author of a work on a postolical succession, visited the schools to report on them. They saw, or thought they saw, laxity, sectariani sm, and partiality; and they gave the results of their enquiries in a copious publication. On the arrival of the Right Rev. Dr. Nixon this book was placed in his hands. He petitioned to be heard by counsel against the B ritish system. His request being granted, he delivered an earnest address, in which he not only opposed the principle of the school, but reiterated many of the statements of Messrs. Lock and Fry. The Board of Educatio n had, however, forwarded minute contradictions to these allegations; and Governor Wilmot resolved to supp ort the schools until, on a full consideration of the adverse testimony, the secretary of state should other wise determine (1843). Lord Stanley recommended the appointment of a commission of enquiry, which was accord ingly confided to three episcopalian laymen, who acquitted the schools of most of the imputations of the ir former visitors. But the seals of the colonial-office had fallen into the hands of Mr. Gladstone. This ev ent was fatal to the British system. The scholastic minister professed to examine elaborately the principles of colonial and church education, and came to the conclusion that a scheme of biblical instruction, con fided to various teachers of uncertain creeds, was too little for the churchmen, ought to be too much for the catholics, and could only be agreeable to independents. He argued that church teaching includes all that a ch urch believes, and that its inculcation was necessary to meet the fair requirements of religious liberty. Ac ting on a suggestion in his despatch, Sir William Denison granted a fixed sum per head to the denominational schools, dissolved the board of education, and appointed as inspector the son of the illustrious Arnold . FOOTNOTES: 135

The History of Tasmania, Volume I [Footnote 225: Lord Glenelg's despatch, 1836.] [Footnote 226: Sir J. Franklin's Narrative, p. 77.] [Footnote 227: Address of Committee.]


The History of Tasmania, Volume I SECTION IV. The claims of the churches on the treasury (1838) soon threatened the gover nment with serious difficulties. It was resolved to increase the revenue by prohibiting colonial di stillation. This trade had been often interrupted by the ordinances of the governors, but when the crown ceased to purchase wheat at a high fixed price it was deemed unfair to the farmer to restrict the local market for his produce. Duties were imposed, but they discriminated between sugar and cereals, and between colonial and imported grain. This distinction offered ample opportunity for evasion. The distillers employed these various articles at their own pleasure, and paid the lowest duty. Colonial spirits were sold as foreign; and t he permits of the police-office covered the transit of quantities greater than they specified. From £5,000 to £7,000 were annually lost. The bill introduced to extinguish the trade was resisted by Mr. W. E. Lawrence and o ther leaders of the country party. They objected both to the suppression of a lawful trade and the injury in flicted on those who had embarked their capital. The government proposed to include in the bill a provisi on for the indemnity of the distillers, leaving its amount to be settled by a committee. To this Chief Justi ce Pedder strongly objected. The government was unwilling to entrust to a jury the claims of the distillers, as p roposed by the chief justice; and, not wishing to delay the law, passed it without granting any security beyond adm itting the equity of compensation. The laxity of the distillation laws had enabled the manufacturers to realis e double profits, by graduated duties, mostly paid under the lowest denomination. Their gains during the past c ould not be questioned; but Sir John Franklin was persuaded that it would be ridiculously profuse to pay an indemnity for the loss of profits rated by the success of an illicit trade. A resolution passed the counci l, "That any applicant having been proved, to the satisfaction of this council, to have been in the habit of distil ling contrary to law, has, by such practice, destroyed any claim he might have otherwise had to compensation." To a scertain this fact a "feigned issue bill" was brought into the council. It simply referred the question of ill egal distillation to the jury, without assessing their claims. The right of the distillers to compensation was, however, so indisputable, and the retrospective action of the bill so liable to objection, that it was general ly opposed; and, by the dissent of the lawyers, the treasurer, with all the non-official members, rejected by the c ouncil. The attorney-general, Mr. Macdowell, impressed with its injustice, informed the governor that he could not support the bill; in this resolution he had been fortified by the strongly expressed opinions of his colle ague, Mr. H. Jones, the solicitor-general, who denounced its principle as utterly iniquitous and unprece dented: but on the resignation of Mr. Macdowell, Mr. Jones accepted his place, and voted for the bill: defendin

g his conduct by stating that he had expressed his former opinion in ignorance of its details. The public indi gnation was excited by this apparent perfidy, for which Mr. Jones atoned by a speedy resignation. The financ ial success of the suppression was mentioned by Sir John Franklin in exulting terms. The law is, ho wever, regularly violated when grain is low. Private stills have supplied spirits more than usually delete rious; and the revenue has shown a decline. The rights of the distillers were recognised by the home govern ment, and their unsettled claims, to the amount of £7,431, were paid in 1843. The duty of a member of the government to support, at all events, the measu res of his chief, was asserted by the secretary of state. If his conscience would not permit his acquiescence, he was expected to resign. Thus, while his oath bound him to advise, as a legislator, according to his conv ictions, his interest, as a public officer, compelled him to submit to the impulses of another. From this condition the chief justice was excepted,--a condition hard to an honorable man and unfair to the colony. Howeve r plausible the reasons for distinguishing between an official duty and a conscientious belief, public moral ity abhors them; and Mr. Macdowell is entitled to the colonial remembrance, as one among few who have ref used to support a measure because unjust. The extensive land sales, combined with the demand for labor (1840), induce d Sir John Franklin to promote emigration. The impression was general that transportation to Van Diemen 's Land would cease; such had been announced as the policy of the crown. A vessel was dispatched to Adelai de, where many were suffering severe distress. The New Zealand emigrants were also dissatisfied, and many found their way to 137

The History of Tasmania, Volume I colonies where wages were high. This course was inconvenient, and excited great indignation among employers in South Australia, who prevailed on the government to pass a law inte nded to check emigration to Van Diemen's Land. Sir J. Franklin disapproved of these methods of supplying the labor market, and proposed to devote £60,000 for the introduction of suitable working families from Great Britain. By m any this movement was hailed with strong expressions of approbation, as a pledge of social elevation o f the working classes. It was urged by Mr. Philip Smith, of Ross, that "without an extensive emigration and a stop to the introduction of convicts it was in vain to hope for permanent prosperity." Mr. Berthon, of Woodl ands, asserted that "before the colony could thrive a better description of peasantry was necessary, which c ould never be found in the sweepings of gaols" (October, 1841). Pursuant to these views the governor author ised the settlers to select for themselves, by their own agents, the persons they required. Every considerable i nhabitant received the necessary authority to ship such laborers, under indentures, at the colonial cos t, it being found that useful workmen were indisposed to emigrate except to a master already known. The greate r part of the settlers appointed Mr. Henry Dowling their agent. It was the intention of the local gover nment that laborers should be sent out in small numbers by the regular traders; and thus afford time to pay th e cost of their transit without difficulty to the treasury. The emigration commissioners objected to all these p lans, and set them aside. Indentures were disallowed; and instead of laborers in the proportions required, families were conveyed, or they were sent in rapid succession, hundreds together. On their arrival a financ ial crisis reduced their wages: the home government changed its views, and resolved to continue transportation: the land fund, which had reached £52,000 in 1841, rapidly declined, and in 1843 Lord Stanley was informed t hat for years to come little revenue could be expected from the sale of land. The local officers, unab le to pay the charge, were induced to dispute it; and they attempted to cast on the agents of immigration t he failure of plans disallowed by the commissioners. They evaded the payment for one year. The claims of the sh ippers were instantly allowed by the secretary of state, with the usual interest; and Mr. Dowling, who had been aspersed by the local government, was amply vindicated by the commissioners. The colonial secret ary charged him with collusive sale of his agency to London shippers, and a fraud on the colonial tre asury. Mr. Dowling protected his character by an appeal to the supreme court, when Mr. Horne, the attorney-ge neral, admitted that the imputation was unfounded, but succeeded in convincing the jury that no malice is to be inferred from the tenor of a libel when the writer cannot be supposed to be influenced by mere per sonal animosity. Mr. Dowling lost by his agency more than a thousand pounds. An exceedingly useful class of emigrants arrived under the commissioners, w

ho readily sanctioned the applications, regard being had to the equality of the sexes. The commissioners d efended their opposition to the plans of the local government. They asserted that private agents could never sel ect laborers in numbers sufficient to freight a ship; and they inferred that transferable orders for the payment of bounty on the arrival of emigrants would be either matters of traffic, or that private persons, discou raged by the difficulties of their task, would abandon it in despair. For two or three years the emigrants were satisfied and moderately prospero us. The sub-division of town property was rapid. On every side small brick tenements multiplied. Every mechan ic aspired to possess a dwelling of his own. But Lord Stanley's system of probation rapidly told on the condition of the workman. He stood aghast; he persevered for a time; he appealed to the government for protec tion against convict competition. For one-fourth its actual cost his property passed into the hands o f others: in Launceston especially many suburban neighbourhoods were deserted. The emigrants brought out at so much public and private cost were expelled to the adjacent settlements, to begin the world anew. One of those seasons of general distress to which small communities are esp ecially liable pervaded the entire colonies (1841-4). A variety of causes contributed to augment its pressur e, and to involve the whole in commercial embarrassment. The imports of New South Wales and Van Diemen's Land e xceeding £20 per head; the high price of grain, reaching 28s. per bushel; the enormous rate of in terest, and the boundless extravagance of credit and expense, produced a convulsion all but universal. The measures of the government increased the pressure of these difficulties . The land sales by auction at Port Phillip were succeeded by the system of selling on special surveys, at £1 per acre; and he who, one year before, had competed for his purchase, found the next section in the hands of hi s neighbour, at half the price 138

The History of Tasmania, Volume I he had given. The settlers in the elder colonies had speculated deeply. Stock an d implements were transferred to the new country, under cover of credit. Competition raised the value of bullo cks to £30 per pair; of horses to £60; of sheep to £2; the wages of servants to £50 per annum. The government had raised the minimum price of land; and thus those who were entitled to take up their surveys under a lower denomination hastened their purchases with borrowed money. The London merchants consigned immense quantities of goods on speculation which were poured into the market; the promissory notes of irresponsible persons were taken by their agents: the fraudulent laid u p for the crisis; insolvent estates were crowded into auctions; goods sunk below the expenses of the factor; dividen ds of a few shillings in the pound represented the assets of persons indebted from £50,000 to £100,000; and had n ot the chief losses finally rested with the London merchants and the English banks, the disasters of the times must have long retarded colonial prosperity. The effects of this revulsion were soon felt in Van Diemen's Land, where ped dling traders had thriven in momentary credit by the union of worthless names on their bills. As an instance: one hundred bushels of wheat, sold ultimately for £40, were transferred to a succession of speculating pu rchasers, who raised among them £1000, on credit of the exchange from one to another. The governments of the colonies had exhibited remarkable miscalculation. In all the treasury failed to meet the expenses. The deposits formerly realised by land sales were withdrawn from the banks. Debentures were issued; new taxes were imposed. The commercial panic was in full career when the crown renewed transportation to Van Diemen's L and; and thousands and tens of thousands of British offenders were gathered on these shores. The expend iture of the government, though large, was chiefly confined to the Capital, or fell into the hands of the merchants; but it is worthy of remark, that, except one house, all who could pretend to that rank maintained th eir position. The settlers were, however, deeply involved. They were mostly induced to pur chase at the land sales by borrowed capital. They complained bitterly of the usury, to which their produce bore no comparison; and incessantly invoked the legislature to limit the exactions of money-lenders. To aggravate these evils American flour poured into the colonial markets, drawing their cash and renderin g agriculture profitless. The declarations of insolvency were daily. Whole streets of mechanics and traders fo llowed each other. A common liability to the same ordeal introduced a system of dangerous license; an d men walked away with their creditors' property without molestation and almost without reproach. The s tatistics of these times afford a memorable warning to all. To the government, that by enticing the people to purc hase land, the general revenue will suffer by their imprudence; to the banks, that by reckless advances capital will be sacrificed for nominal assets; and to the British merchants, that by glutting every store with

became worth eight shillings. and sheep. and every colony e xhibited the signs of returning vigor--all but Van Diemen's Land. wool once more rose in price. A settle r at Port Phillip discovered or applied the art of boiling down the surplus stock. the goods saved from the general wreck appeared in the shops of those who took the tide at its flow. But the great resources of the colonies soon manifested themselves. the banks lowered their discounts to a reasonable level.speculative consignments they render their exports of no value--that they ruin the shopkeeper. so as to produce the tallow o f commerce. 139 .. whose capital t hey destroy by the competition and sacrifice of their own. lately 2s. The discovery of the Burra mines raised A delaide from deep prostration. 6d. The opening of new tracts of country offered a vast field for successful enterpr ise.

and especially with Mr. and described in the second volume of this history. Sir John pen etrated the western district of Van Diemen's Land to Macquarie Harbour. and as a counterpoise to their influence. y our officers have not been without opportunity of learning that your excellency could not always place impl icit reliance on your own. as fatal to the dignity of government. and ascribed the lenity of Sir John to th e influence of Lady Franklin. He then announced to the governor. afterwards expanded by Lord Stanley to giganti c proportions. and appointed persons to offices who were unconnected with the Arthu r party. Franklin partly shared in their suspicions. remonstrated in his favor. Mo ntagu severely condemned." said he. and his enquiries answered with studied reser ve. were left to himself: trifles exhaust ed his attention: his pleasure was asked with affected formality. and that a cordial co-operation might be expected no longer. The immediate cause of the final rupture was th e restoration of a colonial surgeon. the colonial secretary. and Franklin complied with their request. The details of business. Montagu addressed him (17th of Ja nuary. His neighbors. that thenceforth he should c onfine his own services to the routine of his office. Montagu. The power acquired by Mr. In a dispute with the governor in reference to a matter of fact. the charge of imbecility or falsehood was under . Mr. Inferior officers had been dismissed on his impera tive advice." Clothed in a profusion of words. believing the penalty unjust. Volume I SECTION V. to ascertai n its fitness for a similar purpose. and his return was greeted with a general welcome (1842). The most painful event of his political career sprung from a disagreement wi th the nephews of Sir George Arthur. who complained that they were sacrificed because they stood in his path and thwarted his plans. formerly a penal station.[228] This account traces minutely the progress of a quarrel which all parties concerned are anxious to forget. The last three years of Sir John Franklin's administration were chiefly empl oyed in arranging the details of the system of convict discipline. Accompanied by Lady Franklin. His absence for several weeks awakened great anxiety. A narrative of this dispute. and some of the perils of his early life were renewed. dismissed on a charge of culpable negligence. Montagu in colonial affairs was considered by Franklin incompatible with their relative position. 1842)[229] in the following style:--"I trust. "your excellency will also pardon me for s ubmitting to you--and I beg to assure you that I do so under a deep conviction of the necessity of supporting m y statement--that while your excellency and all the members of your government have had such frequent opportu nities of testing my memory as to have acquired for it the reputation of a remarkably accurate one. This Mr. was issued for private circulation just after he started on his last voyage of discovery. formerly prepared to the governor's hands.The History of Tasmania. written by Franklin on his return to England. in a formal manner.

But this lang uage was deemed inconsistent with official subordination. and especially of the attack on the character of his wif e. Mo ntagu to the colony. This pledge the governor redeeme d. Her mediation was employed. Th e generous testimony of Sir John in Montagu's favor was quoted to condemn his dismission. strongly recommending his employment elsewhere. He had preserved minutes of his interviews with Lord Stanley. but ascribed the ascendancy of Montagu to his intellectual superiority. with natural exultation. Mr. These memoranda. became very generally known. Montagu was dismissed. but Sir John promised to represent the past services of Montagu in the most favorable te rms to the secretary of state. Turnbull. He admitted that the proper relative positions of Franklin and the colonial secretary had been inverted. and was unsuccessful. with a view to a restoration. bound together. were sent by Mr. Montagu offered an apology. and recorded his own seve re reflections on the character of Lady Franklin. sent it out in stantly to his friends. The jealousy and contempt which had characterised the late official intercourse of Sir John and t he secretary could not but injure the public service and divide the government into factions. ordered his salary from the hour of his dismissal to be paid. through Dr. and on its receipt Mr. and claimed the credit of great moderation in not sending him back to his office. He sought. The despatch conta ining these sentiments was placed in the hands of Montagu. the friendly offices of Lady Franklin. Montagu with favor--consulted him in reference to convict disciplin e--heard his complaints of Sir John and Lady Franklin--and treated the governor in his own imperial way. Lord Stanley received Mr. The governor complained bitterly of this covert detraction. who. and. although circulated with some reserve. Aware that it would be difficult to justify his note. whom he solemnly vindicated 140 .stood.

where veterans enjoy the dignity of office without its toils. But h e found himself doomed to encounter all the responsibilities of ordinary legislation and government. whose last act was to settle property on an institution for scientific uses. and humanity. He was attended. Before Sir John received an official notice of his recall his successor arrived. But his despatch was in print long before it r eached the hands of Franklin. To Lord Stanley more blame must be attached. He thought favorably of their general character. but whenever apparent. and the result of his candour will probably prevent its imitation. Volume I from that interference with public business charged upon her. On thi s abrupt termination of his office he obtained private lodgings in haste. To d estroy or be destroyed is the usual choice of official war. The Legislative Council. whose benevolence was unbounded. at a large sacrifice of her priv ate fortune. The frank and humane temper of Sir John Fr anklin won the affections of the settlers. Sir John. with difficulties peculiar to a penal colony. The appointment of Franklin to this government was made at the instance of William IV.The History of Tasmania. their approval of his administration. like some of the military governments. in reply to their addresses. The alleged ascendancy of Lady Franklin in public affairs it would be usele ss to discuss. Her masculine intellect and adventurous spirit led some to ascribe to her more than the usual authority of her sex and station. scie nce.. The insults of which he complained were the acts of a few: a philosopher would have smiled where he deprecated. he w ould have gladly exposed to the whole people his most secret measures. and who. Had it been consistent with his duty. He declared that he would never fail to u phold the reputation and to promote the prosperity of the colony. her influence was exercised on the side of religion. and shared in their notions of convict discipline. and must have been fatal to his proper authority had not popular sympathy sustai ned his government. He had conquered. he said. It was his duty to care for th e reputation of a governor whom he did not instantly recall. and. expressed their admiration of his personal character. had ministered to the comforts of the poor. more spari ngly. by whom he was greatly esteemed.--a lady devoted to the welfare of the colony. by a considerable party of no rthern colonists. on his departure. appreciated their moral worth. and Montagu had not been bred in a school where mo re generous maxims prevail. then sitting--th e various churches and literary societies. For this his former pursuits had not prepared him. Sir John is perhaps the only man who ever accompanied a dismissal wi th eulogy. His manner was often . spoke with some warmth of that portion of the press wh ich had libelled his wife. It was the expectation of Sir John to find an easy retreat . and the feelings of the governor or his partisans wer e not likely to be treated with tenderness. and have felt that the salary of office is not more certain than the enmities which surround it. No one who reads t he dispute will deem it necessary to weigh nicely the reproaches which were current on either side.

His remarks in council on the sports of some idle boys in the government domain on the Lord's D ay exposed him to the satire of scorners. saying. especially when taking observations. 'The world is wide enough for both. on the authority of Captain Back. The piety of Franklin was ardent." The name of Franklin is indissolubly connected with the great problem of mo dern geography--the connection of the polar seas with the north pacific ocean. and presented a contrast to the quiet vigor of his more able but not more amiabl e predecessor.embarrassed and hesitating.' Manfelly (an Indian chief) could not refrain from expressing his surprise that I should be so unlike the 'old chief' who would not destroy a single mosquito. I may be pardoned for introducing it here. the chari ties of his family were scattered with a liberal hand. he woul d gently desist from his work. an d while the plainness of his establishment and entertainments was the topic of thoughtless censure. This party 141 . Such faults were sometimes imputed. An anecdote. It was the custom of Sir John Franklin never to kill a fly. His expenditure greatly exceeded his official income. He had no private speculations or secret agents. In 1820 he conducted an overland expedition to the Cop permine River. The colony had attained that development when the public institutions require reconstruction. and his measures were free from both the taint and the reproach of corruption. and though teased with them beyond expression. but returned without success. sho ws his harmless character in a striking light. He thought that youths who violate the sanctity of the Sabbath take the first ordinary steps in a dissolute and dishonest life. a nd the popular will must in some measure regulate their form and spirit. The administration of the governor was eminently disinterested.[230] The writer observes--"As an illustration of the excellent i ndividual to whom it refers. and patiently blow the half gorged intruders from his hands. In 1818 he was first employed in this service. but they were the st aple slanders of writers without credit or name. and his conscie nce scrupulous.

1836. and the party was saved from destruction by the coolness and judgment of the leaders : they encountered storms. or daring. a reward of £20. it was resolved to confide to Sir John Franklin a new effort to discover the north-west passage. They were attacked by the Indians.The History of Tasmania. have done all that money. On his return to England in 1843.] [Footnote 231: Quarterly Review.] 142 . FOOTNOTES: [Footnote 228: Narrative of some passages in the History of Van Diemen's Lan d. both by land and water. having eaten their old shoes and scraps of leather: yet Franklin recorded in his journal the following grateful expressions--"We looked to the great author and giver of all good for the contin uance of the support hitherto supplied in our greatest need. 180. and elevated piety. The vessels--the Erebus and Terror--were furnished with provisions and art ificial fuel for four years. whose exertions to ro use and prolong the search have excited the sympathy and admiration of nations. as a rare example of intrepidity. or affection could accomplish to solve the mystery of their fate.550 miles. Though these efforts are not even now (1852) re linquished. 21. Volume I suffered every kind of hardship. The nar rative of this expedition excited at the time much admiration." They completed a journey of 5. These efforts considerably enlarged the scientific knowledge of the icy region. from the loss of boats and the mutiny of their attendants: several perished.[231] In 1824 Franklin was entrusted with the charge of another expedition.000 offered by parliament. p.--except by Lady Franklin. and the earnest co-operation of foreign powers.] [Footnote 229: Franklin's Narrative. p. They were last seen by whalers in Lancaster's Sound. 1845.] [Footnote 230: Back's Expedition. persevera nce. In 1847 the long absence of Franklin and the 136 persons under his command a wakened considerable alarm. and cold. which prevented their reaching their destination. English expeditions. he sailed in May. during the last three years of Sir John Franklin's administration of its government. fogs. Accompanied by Captain Crozier. the issue has ceased to be regarded with hope.

Volume I HISTORY OF TASMANIA FROM 1843 TO 1847.The History of Tasmania. 143 .

The History of Tasmania. Volume I FROM 1843 TO 1847. 144 .

Every Capital he ruled is adorned with his statue. On the questio n of negro slavery he was a coadjutor of the decided abolitionists. When he was sworn in the town illuminated. and when he descended to the dust his tomb was wet with the tears of nations. The agricultural knowledge he possessed. accustomed in his judicial office to "poke fun" at pri soners. and the usual excitement of novelty wore the appearance of public welcome. He contributed papers on prison discipline. succeeded Sir John Franklin. occasioned by the reduction of the Irish church. August 21st. and where many religious opinions divide the popula tion. and supported most measures favorable to civil and religious freedom. and imperfectly sustained by material resources. He was described as a mere joking justice. Wilmot landed at a distance from Hobart Town. This bitter diatribe was published in the colonies. An article in the London T imes attacked Sir E. Metc alf was indeed a governor with whom the widest comparison would scarcely find an equal. contrasted with the habits and manners of his predecessor. The open and affable address of the governor attracted the people. and governed the people as one of themselves. and initiated a bill for the summary trial of juvenile offenders. and thus a lon g and useful public life was closed in sadness. Sir John Eardley Eardley-Wilmot. Bart. Charged with the development of a gigantic scheme of penal discipline. and on his motion apprenticeship. whose politic al leadership he followed in his secession from the whigs. Thus he appeared not unqualified to preside in a colony where penal i nstitutions constituted the main business of government. was finally terminated. and was not forgotten in the strife of factions. He inclined rather to the liberal than the t ory section of the house. 1843. vacated by Sir George Arthur. D uring successive parliaments he represented Warwickshire. and for twenty years was chairman of the quarter se ssions of that county.--in England a post of some consequence. He rapidl y traversed the island. and his character a contrast with that of the new Canadian governor .. his promptitude in forming and expressing o pinions. Wilmot with uncommon acrimony. and delayed his entrance on of fice to afford time for a removal of Franklin's household. a mild er form of slavery. Sir Eardley Wilmot received his appointment from Lord Stanley. destitute alike of talents and dignity. Those who were experienced in official li . The opposition of the colony to his measures he too readily resented as disrespectful to himself. Volume I SECTION I. He consulted the ministers with the independence of a patriot. presents few events of permanent interest. although crowded with incident. he was involved in the discredit of its failure . His short and troubled administration. attributed by himself to the influence of private spleen. founded on errone ous data. The gazette which announced his appointment contained the nomination of Sir Charles Metcalf to the governorship of Canada.The History of Tasmania.

and instead of p ronouncing sentence. Scarcely had Wilmot entered office. and some persons. a notorious bushranger. He had fired o n a settler. He dwel t with great fluency on the 145 . He stated that the sparing of Kavanagh could only be justi fied by the almost total abolition of capital punishment. and those who had suffered by the depreda tions of the robber shared in his opinion. The opponents of the late governor recommended the neglect of all the distinctions which had limited intercourse. He was implicated in the murders of Norfolk Island. At a meeting of the Midland Agricultural Associ ation Wilmot noticed these reflections. were admitted to the closet. whose house he attempted to pillage. was condemned to death. and admitted that in offering these explanations he was out-stepping the line of his situation. Judge Montagu was indignant. in commenting on the commutation. and that in this case robbery only had been proved. Kavanagh. directed death to be recorded.fe foresaw the dangers of a temper so free and of movements so informal. never b efore seen at government-house. and declared that he would never inflict death in consideration of offences not on the records of the court. Topics of a far more agreeable nature were suggested by the special business of the day. shortly after the reprieve. Ten minutes before the time appointed for his execu tion the governor granted a reprieve. The press. In giving sentence the judge remarked that he had seldom t ried a culprit stained with so great an aggregate of crime. when an exercise of mercy brought him in to collision with one of the judges. Judge Montagu. tried four men for a similar crime. and suffered d eath (1846). He thus early com plained of anonymous attacks. predicted that the culprit would not long escape the scaffold. and boasted their intimacy and in fluence.

and t hat at first it should be limited to fifty fellows. in still stronger terms. and. its climate. and industrious peasantry the foundation on which that pillar rests. and t he government houses of Hobart Town. and a military is not the kind of power best adapted to suppres s them. who this day are lords of wastes and princes of deserts. as salary. He congratulated the meeting on the appointment of his excellency. depend upon it. four vice-presidents. while he praised their ma rtial spirit. but who. They proceeded to the choice of a treasurer and secretary--Messrs. i nduced the midlanders to project a yeomanry corps. and Percys of the colony may be proud to date their ancestry from a ny one of you. They were to provide weapons. He promised to consider th e pecuniary difficulties of the settlers. Kemp. Having accepted the office of president. its soil. a tenantry form the pedestal. On reference to the governor. will become pa triarchs. the chief officer of the convict department. he declared his cordial concurrence with the new discipline as a reformatory system. Keac h and Leake. Volume I advantages of agriculture. but. Referring to the appointment of a co mptroller-general. moral.000 per annum. I see around me some of your largest proprietors. The project was distasteful to the original members of the Tas manian Society. meet for exercise. noticing the recent arrival of a bishop. The beaut iful gardens he determined to throw open to the public. if the system of tenantry be carried out as fully as it deserves. 1843). The salary of the new governor was given in full discharge of all demands. informed that the levying of armed men is the prerogative of the Queen.--a virtuous. He proposed that it s hould consist of a president. formed by Franklin." he observed. Jun. and Launceston. Bushrangers rarely move in numbers. a farm at New Town. with a view to their alleviation. On meeting his council for the first time (October 21. The salary of the governor was augmented to £4. They were. whose presence he compared to "the vivifying rays of the sun after a long cheerless winter. and a council of twelve. Wilmot convened the Tasmanian Soci ety. and always st and prepared to answer a summons. his attachment to religious liberty and equality. and presented a series of alterations in its organisation. he avowed his preference f or the episcopal church. and. to be nominated by the governor. the oldest of the settlers.000 per annum: the former unc ertain but expensive allowances were withdrawn. who objected ." The prevalence of bushranging. he declined to sanction their incorporation. "You. Cavendishes. encouraging the ploughman to resume his labors with fresh spirit. Franklin had enjoyed £2."[232] This strain of compliment was returned by Mr. however. and dilated on the importance of independent tenants and an industrious peasantry. New Norfolk.--so m any years before distinguished in the deposition of Governor Bligh. and a large garden in the domain. though far less than at an earlier period. "are to consider yourselves as the column of a lofty pillar. Wilmot expre ssed his admiration of the colony. and the future Russells. and immense resources.The History of Tasmania.

occasioned a competitio n for town allotments." They were the n intrusted with the government garden. and set all classes to building. But this stimulus was soon exhausted. They thoug ht past services demanded a consideration of their wishes. required fo r its cultivation. None who are experienced in the causes of political discontent will consider such trifles wit hout serious effect on the tempers of parties and the peace of rulers. They had received in trust an endowment from Lady Franklin of some prospective value. ample. the dem and for dwellings. which liberated small capitals. Wilmot received the government in a condition most unfavorable to his tranq uillity. The discarded society complained of the haste of the proposed the summary increase of their body. The free operative classes appealed to the governor for redres s. but such was the pressure of numbers on the colonial go vernment that its officers were glad to abandon all reformatory theories to get rid of the crowds which idled th eir time and burdened the British treasury. The arrival of many thousand prisoners had for a time quickened trade. where they could easily indulge every evil inclination. but on which a family would starve. a nd they had published a journal which widely extended the physical knowledge and European fame of this hemispher e. and where they ab ated the value and respectability of labor. The universally low price of labor. Wilmot replied by appeals to 146 . Wilmot proceeded to incorporate those who concurred with his views as "The Horticultural and Botanical Society of Van Diemen's Land. and the closing of a local bank. and some months elapsed befor e they became competitors for the bread of the free mechanics. The regulations introduced by Lord John Russell discouraged employ ment of prisoners in the towns. indeed. they corresponded with men of the first scientific circles. and the appropriation of a grant of £400 per annum. and workmen of ev ery grade began to suffer distress. They found hundreds of passholders working at a price to them.

These excuses for a policy which tended to depress honest workmen o nly convinced them that it was time to retire from the country. To this he r eplied in glowing terms. and want. He gave strong assurances both of his expectation of better days and his efforts to hasten them . The objectio ns he offered. and not to inflict punishment on unoff ending families of freemen. Gilbert Robertson as their secretary. f ormed an association to promote the amelioration of financial embarrassment. To this principle the governor resolved to adhere (1844). This was followed by a reduction in the Van Diemen's Land Bank. England had. and l eft the value of money to be determined by the ordinary relations of supply and demand. had lost their liberty. A more powerful class might have shown that the proper office of mercy is to shorten the duration of a sentence. and to supplant his constitutional advisers. and urged an abatement of interest. The merchants and professional men addressed the banks. He told them that during a short residence he had traversed the colony and acquired a kn owledge of its value. led to the imposition of a duty on our grain. induced them to look for artificial relief. amounting to prohibition. For the last time in these colonies application was made by the settlers fo r a law to restrict the amount of usury. that it would be unkind and unjust to obstruct their pro gress to competence and reformation. They asserted that the exac tions of capitalists involved the colony in a hopeless struggle. ignorance. The imposit ion of a heavy duty on New South Wales tobacco. It had been a favorite object for many years. In explaining their plans to Wilmot they professed to feel confidence in his liberality. became the highest amount usually exacted in regu lar transactions. influenced by bad exam ple. for short-dated bills. and to impose discriminating duties on the produce of fore . The difficulties of the agriculturists from the low price of grain. however. soon. It was the wish of the Tasmanian s ettlers to restore free trade between the colonies. that they proposed to supersede imperial instructions. and that just as it was reach ing considerable perfection. who chose Mr. then 1 0 per cent. but then he complained that the association.--an example which the other establishme nts did not readily adopt. Eight per cent. Volume I their humanity: he said that many prisoners of the crown. What the law could not effect was produced by a less exceptionable process. abrogated usury laws. and the tone in which they were urged. and zeal. and 12-1/2 for renewals. and to watch over legislation. With too much facility Wilmot gave hopes which he could not realise.The History of Tasmania. that he had projected many schemes for the improvement of agriculture and the relief of the treasury. They nominated a "central committee . A party of colonists. They appealed rather to liberality than to abstr act right." to prepare information for the guidance of the government. by its structure and schemes. however. depressed his anticipations. induced a practical dissolution of the society--scarcely compatible with regular government. judgment.

compelled one British colony to treat another. The reason alleged for this interfer ence was that colonies could not be expected to understand the treaties and trading system of the parent stat e. while it would tend to augment the alarm of the English farmers! Thus. This is the last attempt at protective legi slation. To assist agriculture. and the ministers were able to resist without the risk of a rebellion. they afforded another example of the futility of colonial petition s which. however just.ign countries. the council passed an act interdicting the use of su gar. but he could not plead a political necessity. Hutt brought their petitions before the attention of parliament. while they humored the empty fears of their own constituents. by public brewers. They asserted that the distance made the concession of no practi cal value. which discriminated between Austra lian and Canadian grain. An eminent engineer. it is convenient to disregard. as if any treaty should have hindered a commerce actually not more distinct than the trade between London and Liverpool. as an alien. as impolitic. but the harsh and ridiculous system of colonial government. or to pass any bill for that purpose. 147 . and were told that any ev asion of this restriction would occasion the high displeasure of the crown. ve xatious. a nd that while England demanded free admittance for English manufactures. who quietly observed that he had been advised that sugar could not be considered deleterious. in favor of which the duties had been relaxed on colonial grain.[233] They were forbidden to allow any kindre d colony the least advantage over foreigners. its next neighbor. To benefit the rural interest the governor proposed a grand scheme of irrig ation. and impracticable. Their objections were admitted by the secretary of state. The trade strongly objected to the restriction. Mr. Wilmot warmly espoused the claim of the Australian colonies to share in the privilege o f Canada. The peremptory instructions of Stanley were conveyed to the local governors in terms of intimidation. under certain conditions.

and it was urged that the labor of convic ts employed on public works at the cost of Great Britain. The immediate object--the employment of probation lab or at the colonial cost--detracted something from the charms of the project. occasioned by transportat ion. and this last item in one year (1846). Sir E. was proportionately great. of which the produce rarely defr ayed the cost of the implements destroyed. and n ew taxes demanded.000. and lessened the labor at the disposal of the crown. But while the governor waited for instructions the men we re idle. after deducting £97. but during this time the ch arge for police and gaols exceeded £311. carried to the general revenue.000 for superintendence. A rate to be imp osed on the various estates was to discharge the cost. From this arrangement Lord Stanley departed. or employed in useless attempts at cultivation on barren land. that the exaction of twenty shillings per head for police. and the interest of their new labors might have extinguished the prevailing discontent. Spring Rice (now Lord Monteagle) took advantage of a considerabl e local land fund to throw on the council the police establishment of the colony.000.000. The land fund. The execution of public works by the crown had been the sole vindication o f these charges. Had the men been employed on a work so popular they would have been withdrawn from the colonial eye. rose to £6. Volume I Major Cotton. The charge for police and gaols had always been borne by the legislative co uncil with impatience. and suggested the detention of the waters of the vast lakes which overflow from the heights of the western mountains. although most lighter crimes were dispose d of in a summary way. But when the convict labor was withdrawn from the roads. for the support of aborigines. while the charges for police and gaols rose to one-third of the entir . and the working of the l and office. and the event proved that the coun cillors who refused their consent acted with prudence. expended for emigration. was unexampled in civilised governments. and in peremptory terms prohibited a spade to be moved but on payment from the colonial treasury. the time arrived for the most decided resistance.000) was comparatively unimportant.000. was a suffi cient compensation. except £4. But the charge for constabulary and prisons gradually increased to £36. Thus at a season of commercial stagnation the benefi t of convict labor was withdrawn. Nor did it seem just t hat the settlers should risk the ultimate cost of an undertaking they could not limit. The estimates were accompanied by an annual protest against entailing on the colony any pecuniary consequence of British crime.000. Thus in those seasons of drought which sometimes occu r the lowlands would be made increasingly fertile. The increase of judicial expenses. was employed to report on the subject. In 1836 Mr. but Lord Stanley hesitated until the evils of the probation sys tem enforced a change.The History of Tasmania. The sum then required (£14. yielded in ten years a surplus of £207. and especially of witnesses. Wilmot earnestly re commended the scheme to the home government. The minister himself was compelled to own at last.

This bill was still more obnox ious from a clause. Notwithstanding the obvious injustice of this burden.e revenue of the colony. to levy the duty on the current value of goods at the market of consu mption.000. but he determined to adhere to the instructio ns of the secretary of state. The govern or was commanded not to adopt any detailed regulations at variance with the scheme prescribed by the cro wn. and in two years and a-half a debt accumulated to £100. the treatment of the New South Wales legislature gave slight hope of redress. and foreign goods from 5 to 15 per cent. although at the period an immense body of convicts remained long after transportation had ceased. encountered an earnest but unavailing opposition. The positive nature of these injunctions left no room for discretion. Gregson proposed the rejectio n of an impost required only by the extraordinary pressure of convictism.[234] Sir Eardley Wilmot resolved that the utmost extent of taxation should be tr ied rather than infringe the orders of Stanley. Several of the non-official me mbers voted with the 148 . or to depart from its provisions without express authority. by withdrawing them from the serv ice of the settlers. This disregard of a more powerful colony led the people of Van Diemen's Land to infer that from a minister so unscrupulous no jus tice could be expected while evasion was possible. and by sending those not otherwise disposable to Van Diemen's Land. teas. He was forbidden to relieve extreme financial difficulties by drafts on England. Mr. afterwards abandoned. whose distance prevented his perceiving the hopelessness of his project until th at discovery was unavailing. A bill to raise the duties on sugar. or draw from the military chest. Wilmot was deeply embarrassed. instead of export--a mode which taxed all the expenses of shipment. Lord Stanley directed Sir George Gipps to obviate t he threatened resistance of that council by hastening pardons to the prisoners.

They enumerated various forms in which further taxation might be practicable. were to be subject to new or increased license fees." It was supposed by Wilmot that this not very luc id prediction conveyed a gross and personal insult. The opposition prevailed. and this conflict with a local editor w as noticed by the London press as a curious instance of official sensibility. The revenues he called the Queen's. A committee of the council had been appointed to ascertain how the expendit ure could be reduced and the revenue augmented. and thought it monstr ous that any should dispute her right to her own. and watermen. and that it attributed to him the artifices and loathsome h abits of the fiend. Bicheno. The private secretary was instructed to withdraw the subscription of the governor. Though he compared the parent country to the hen and the c olonies to chickens. "No taxation wit hout representation. He announced the most arbitrary notions in the blandest tones. Kemp. who.The History of Tasmania. These were proposed by the governor. if every trade and profession can be subject to a rbitrary imposts levied by a legislature at the mere dictation of the crown. he could see nothing to disturb the analogy in a demand for fresh contributions. the veteran politician. butchers. It would be difficu lt to discern a line beyond which taxation might not pass. Auctioneers. because one of the objects was to notice the appropriation of the public revenue. was little qualified for a stormy debate. publicans. like the governor. exploded by American independence. decorated with flags bearing the inscription. Mr. as the reptile recoiled from the touch of Ithuriel's spear. ea ting-house keepers. Such petulance took the colony by surprise. pre sided. cabmen. Referring to this meeting as a triumph which history would report to the la test posterity. It is quite impossible to suppose any branch of politics more clearly within the sphere of p opular remonstrance than the expenditure of the public money (August. On the day of public meeting[235] a procession of cabs and waggons. the Courier added--"Rulers will henceforth recoil from the virtuous indignation of the peopl e. and i nstanced the Cape--a . might have bee n popular in quiet times. 1845). stage-coach and steam-boat proprietors. This project aroused the people to an unusual degree. the colonial secretary. and to ex plain the cause of his displeasure. A less experienced poli tician might have been expected to disregard a heavier censure. He asser ted that all constitutional history showed that it was the prerogative of the crown to tax the people. Mr. The sheriff refused to call a meeting to consider the condition of the colo ny. pawnbrokers. and the governor resolved to withdraw the obnoxious measure." presented a novelty in colonial agitation. and asserted that the doctrine of concurrent representation and taxation was a wild revolutionary idea. Volume I governor for the last time. This he had been advised was an interference with the royal prerogative! The friendly tone of his refusal restrained the wrath it was calculated to excite.

nothing remained but to reduce the expenditure or increase the debt. Taxation and representation--a cry first introduced by Lord Chatham. He remarked that the opp osition had exhibited a spirit "more radical and even Jacobinical" than he ever had witnessed in parliamentary factions. Such un-English notions were no assistance to the cause of the e xecutive. he successfully moved the rejection of these bills. These reproaches 149 .. raised to 15 per cent. for some time produced less than they realised at five. Arthur. and were distasteful to all who pretended to value constitutional government. To relieve the revenue and employ the convicts the executive proposed a road act. 1845). The licensing scheme being rejected. and he begged that all the opprobrium cast on Lord Stanley might be considered equally applied to himself. that the placards posted over the town were a complete delusion. The ad valorem duties. he said.--with many more odious still as reco gnising a right in a crown appointed legislature either directly or indirectly to tax the people. a nd another for lighting and paving Hobart Town. The prosperity of commu nities he asserted rose with the increase of taxation. The great objection to these measures was their design to ev ade the question at issue between the home government and the colony. Mr. as t he public were not compelled to use the articles on which they were levied. Supported by Captain Swanston.conquered province--as an example. Their discussion drew forth many expressions of personal feeling. never adop ted by the liberal whigs (August. Gregs on stated early in the session that he would not levy a shilling additional until the burdens of police were equitab ly adjusted. formerly a staunch adherent of Sir G. was. or could he not conscientiously act upon his lordship's instructions. The gov ernor declared he would not stay in office one hour did he not believe that Lord Stanley meant fairly by the colony. He affirmed that customs were not taxes.

were pouring in felons of the worst description. The governor retorted t hat with such support as the honorable member afforded he would readily dispense. He complained that charges never before thought of were levied by the commissariat.The History of Tasmania. for their sakes. they constituted the working populatio n.[23 6] So late as August. Wilmot was sensible of the financial burden inflicted by the convict establishments. wh ile the expenses of police and gaols. The chie f justice supported a second motion for adjournment. Gregson.000 in private s ervice. the support of the unemployed convict. met a similar fate. This motion was rejected by the governor's casting vote. and insisted that the expences incurred by the colonists for police ought in fairnes s to be defrayed by the crown. Dry proposed the appointment of a committee to ascertain the proportionate b urdens transportation imposed. and he added that in the military and naval protection. He told his lordship that for several years the land fund had totally failed. and Mr. 1844. 8. had risen to £50. he had resolved to pause. and the ca pital and cheap labor poured into the colony. as well as the full val ue of convict labor. 7. to give the members time to investigate the items. Wilmot again[237] urged the injustic e of these conclusions. occasioned a vast outlay for the suppression of crime. and the general state of popular feeli ng. On the re-assembling of the council (25th) the governor stated that considering the determination avo wed by the members to refuse all items for the expenses of convictism. the secretary of state refused to entertain the cl aim for relief. and the Cape of Good Hope.000 with tickets-of-leave or conditional pardons. but New South Wales. China. A committee of government officers sat shortly after his arrival. in reply to his own. the island was colonised. Pressed by extraordinary difficulties. 6.000 about to emerge from the gangs. He complained that not only India. Volume I were repelled by Mr. who. and pointed out the many and large items to be traced to the prevention and punishment of crime. to enable the colonial secretary to correct these discre pancies. however. He stated that the colony would be obliged to expend a sum nearly equal.000. sent from every colony and dependency of the empire. Sir E. and to await the arrival of expected despatches on the subject of dispute from Lord Stanley. he said. made for adjournment. as pass-holders. When the estimates for the year were presented (August 20th) the country pa rty insisted on enquiry. of judges and witnesses. disc overed when the estimates were read that they differed from the copy in the hands of the members. who contended that in resisting unjust exactions f or convict purposes he was promoting the real interests of the colonial government. as well as from t he United Kingdom. or that the labor at its disposal should as formerly be allowed in compensation. At this time the number of a rrivals was five thousand annually. There were between three and four thousand pass-holders unemployed. and i . although all the convicts were withdrawn. This report he forwarded to Lord Stanley. It was. a fair proportion of expenditure was borne by the crown. Another.

was under a strong bias in favor of expense. With singular acuteness and perspicuity Lord Stanley descr ibed the former systems as subject to local influence and subservient to local ends. the convict estimates were thenceforth to be prepared by the colonial secretary. Nothing was conceded to justice--nothing to entreaty. the governo r was practically independent. he stated. as the patron of a multitude of officials. To prevent these abuses.n all more than 30. the comptroller-general. --who left him to the alternative of breaking through positive prohibitions or of incurring popular di strust and aversion. and the imperial gov ernment inconveniences of lasting consequence. either in their own persons or those of t heir official brethren.[238] It is impossible to read these representations without feeling indignant at the nobleman who suffered the representative of the Queen to struggle with difficulties so manifold and great. He stated that the executive council were equally benefited by the wasteful expenditure. 150 . The whole change in the details of the convict department was marked by a s pirit eminently opposed to the colonial welfare. he all eged. and that every colonist had an interest in the multiplication of bills on the British tre asury. To this delay the governor owed much of the opposition he suffered. and the commissariat officer. subject to the approval of the secretary of state.000 unqualified to quit the island without the consent of the crown.--without merit and without thanks. and the reluctance of the secretary for the colonies to guide a penal system designed for interests exclusively imperial. Lord Stanley deemed the chief cause of its many changes. The management of the prisoners being confided to the judgment of the gover nor. The deference of the ministers to this discretion he attributed to the unwillingness of the home office to inte rfere with a functionary in correspondence with the colonial office. Every governor. Thus. and t he secretary of state yielded at last as despotism must ever yield. and its subservience to colonial prosperity .

This difference Lord Stanley set up as proof of the culpable negligence and profligacy of colonial expense. '43). and to disregard the great design--the prevention of crime in Great Britain. A reduction was therefor e enforced. This Lord Stanley considered an extravagant outlay. Montagu. by four hundred men. He deemed it highly improper that in a country where all the means of subsistence existed in such abundance with an unlimited supply of manual labor. and requested that explicit instructions might be given to Wilmot and the comptroller-general to prevent the employment of labor for the colonial benefit. Volume I and had strong inducements to render the labor of convicts subservient to coloni al wealth. As the terms of their service e xpired they were discharged in the prison dress. the late colonial secretary. without const ables or other restraint. and in the end less surveillance was employed than free labor usually requires. The treasury concurred in this view.[241] Mr. in 1846. and potatos sold at twenty shillings whic h cost the government £10 per ton.[240] The estimated value of all the articles produced on two stations. damp. To prevent these devices he proposed to retain in the colonial-office the exclusive management of the detail s of transportation. and no one could tell whether they were or not illegally at la rge. To each party of three hundred seven overseers were attached. was less than £2 per man. and he an expiree. He declared that all sch emes of convict management were of colonial origin.000 annually less than the estimate of the officers on the spot. presented a calculation £100. 28. The sub-division of these parties in labor left them often to the practical oversigh t of a single person. Garden seeds were brought into the colonial market. in estimating the cost of the con vict department. this charge should remain. while the salaries of their officer s were nearly double that sum. H e considered the body of persons employed in the control of prisoners excessive. Several hundred men idled their time in cultivating land which did not equa l in the aggregate a single farm. and to devote their ut most efforts to raise the food on the waste lands of the colony. He however feared that while the convicts were permitted to labor on works of colonial util ity the local authorities would always find means to increase the charges for their subsistence (Feb. and barren soils.The History of Tasmania. and they selected for the exp eriment cold. Thus they were able to make excursions for the purposes of robbery and pleasure: their clothing tended rather to disguise than distinguish them. In several in stances robberies were committed on travellers within the precincts of the stations. and all contemplated local interests as their main obje ct. Escaped prisoners have been known to walk through bodies of men on the road without challenge. Gardens of a few acres occupied a thousand men: the cleared land was utte rly worthless.[239] Among the items of convict expense was a charge of £164. The convict department attempted agriculture. The enclosures wer e often merely the common . Del oraine and Westbury.000 for rations.

but eight hundred recorded crimes--a scourge to ten thousand families. He stated that the territory was inundated with u nemployed prisoners. with houses and buildings--might be bought at the upset pr ice of waste land. A great portion of minor crimes were not prosecuted. that no labor being in demand. they must either starve or steal. that a yearly increasin g pauper population. The colony was originally penal. and the letting of allotments at a nominal re ntal for seven years to conditionally pardoned men. Lord Stan ley had a ready reply. or rather the instances of exemption from pillage. would swell the catalogue of crime and incre ase the public expense in every form. and that land --cleared. so far as they affected the colonist. He consid ered that in emigrating the colonists surrendered at discretion. Remembering the number virtually and legally at large. the remission of the price of crown lands to emigrants.[242] To all these remonstrances. the degree of safety. To remedy these evils he proposed the extension of conditional pardons to the Australian c olonies. and could claim neither compensation nor relief. and full of terror and danger to all--would not seem extravagant when divided among thirty thousand prisoners. that the number out of employment was fearfully fence. The judges avowed that in passing sentence for crimes they could n ot punish them with severity. considering the strong temptations of the men. must be considered almost miraculous. with a contingent right of purchase. The despatches of Wilmot to Lord Stanley described with accurate minuteness the social effects of the probation system. and a still lar ger number were undetected. Those who remember his apparent apathy when those evils were t he topics of colonial complaint will deplore the strange fidelity to his political chief which induced him to conceal his own sentiments from the colonists. that they were not entitled to object to th e trebling of their police burdens 151 . without adding one atom to colonial wealth. in complete cultivation. fenced.

unauthorised by the council.[243] At the next sitting of the council Wilmot proposed to pass the estimates. and insisted on the solemn obligation of the council to resist an accumulation of debt which must in volve the colony in ruin. who were preparing a protest to prese nt on the morrow. and resented in decided . Dry. and was not a concerted movement. and added that he resisted the motion because it was only intended to embarrass. He now proposed several expedients to meet the exigencies of the moment. and dwelling on the evils of the convict system. in reference to police expenses. and Sir E. and denounced the opposition as disloyal and unconsti tutional. Mr. He proposed to stop the forage allowance of t he clergy. and several motions with a similar object were defeated in the same manner . Gregson followed. Ineffectual efforts to postpone their considerat ion exhausted all means of evasion. No people in this hemisphere will entirely trust a British minister unt il the history of Van Diemen's Land is forgotten. An adjournment of the debate being moved the governor opposed it with his deliberat ive and casting vote. O'Connor. to enable the colonial secretary to afford the necessary information. The chief justice denied the power of the council to interfere with his income. Mr. Gregson appeared at the table and apologised for the absence of his honorable brethren. as was the case up to 1840. was absent. Volume I and to the importation of all instead of a small part of the convicts of the emp ire. has involved the cabinet of England in difficulties for which nothin g but great sacrifices will fully obviate. and Mr. The anticipated relief not having arrived. He expatiated on the injustice of the system which condemned the colony to the cost of an imperia l scheme.The History of Tasmania. borrowed money of a bank. This reasonable request was lost by the governor's casting vote. When a new set of estimates was offered they were found to be unintelligible. They asserted that quitting the council chamber was not unusual. He had. but the non-official members at once quitte d the chamber. and referred to the unavailing representations of Sir G. was proposed by Mr. On the day following Mr. the non-official member who supported the executive. Happily for mankind there is no power above the steady a nd determined operations of truth and right. and reduced the number below the legal quorum. Sir John Franklin. and the balance was in the governor's hands. of the salaries of the officials. the governor again assembled the council on the 21st of October. The cruel desertion of the people in the hour of their distress --the scornful defiance of their complaints. Both these measures were with stood--the last effectively. and an adjournment. Wilmot complained of discourtesy. His rejoinder was felt with that bitterness which none can realise who have not known the tyranny of irresistible despotism. The Appropriation Act would then have gone to the third reading. and thus the votes of the official and country party were equal. Dry moved that the Appropriation Act should be read that day si x months. Wilmot himself. and to retain 12-1/2 per cent. Arthu r.

a barrister: Whether.--an immedicable wound. the governor had a deliberate and casting vote. as chairman of a committee. Mr. s ome of those forms of civility which no man can safely neglect. It had been publicly rumored that rather than allow the Appropriation Act to pass. objecting to the proceedings. The governor afterwards explained that he had reference only to the particular insta nce. less prominent in opposition. and thus whether the estimates were legally passed through the commit tee. He warned him that should he persevere a rupture would inevi tably follow. and the governor giving his double vote. the numbers present being less than one third. Gregson for delay was lost. Mr. and Captain Swanston left him with a sense of p ersonal affront. Dry rose to read a minute. and not to their general intentions.--amounting in sworn councillors to perjury. signed by the members in opposition. when Mr. but the chief justice conside red the sitting of committee merely a convenient method to sift beforehand items afterwards to receive a lega l sanction in the council.language the charge of disloyalty. He forgot. and earnestly advised him to forward another set of estimates.[244] In this temper the council met on the 3rd of October. The attorney-general without notice was unprepared to give an opinion. Captain Swanston. prepared by Captain Swanston. In this interview the governor expressed his determination to proceed. f or the approval of the secretary of state. and a motion of Mr. and whether the quorum required by law at a meeting of council was requisite in committee. Mr. Gregson proposed that the third reading should be delayed that the members d issenting might bring 152 . Thi s being rejected as irregular. The colonial secretary then moved the third reading of the obnoxious b ill. Smith ga ve his opinion that the estimates were in law rejected instead of carried. Francis Smith. i f rigorously construed. waited on th e governor. it would seem. Gregson called the attention of the members to a question submitted to Mr. several members had resolved to resign.

Thomas G. maintained that it was their duty to hold the executive in check on behalf of the people. Thus when they demanded pape rs. that they were denied information. and the legislative session was abruptly terminated. that they were to . Wilmot maintained that they were assisting in "a council of advice" on subjects submitted to their judgment.--to anticipate a revenue higher than the customs department calculated on receiving. Volume I forward other estimates. The Gazette of November the 4th announced that Charles Swanston. when crime was increasing. they could not retain their employment. and obstructed obnoxious measures by the artifices of parliamentary debate. that they were expected to augment an alarming debt. however. but the nature of their powers an d the proper mode of their exercise were subjects of dispute. they were charged with forgetting the duties of their office. Michael Fenton. He alleged that there would be an end of official subordination. In urging this motion he rebutted the "disloyal" imputa tion. to diminish police protection. The obligation of the official members of the council to vote with the gove rnor on all government questions had been long before decided. The official members had no discretion allowed. choosing to assume relations disqualifying them to vote with the governor. and thus one non-official member. The non-official were only bound by thei r oaths to assist in all measures necessary for the good of the colony. The governor claimed a deliber ate and casting vote. called for committees. and were not qualified to question the gen eral policy of the executive. Those remaining did not constitute a quorum. The chief justice was alone independent. and a seven-fold vote would have better expressed the real character of the legislature than the disguise of separate su ffrages. although they were bound to deliberate. and Richard Dry. Lord Stan ley had ruled that. or even by abstaining from voting. William Kermode. In summing up their complaints they asserted that they were called on to vote an expenditure the col ony could not bear. This motion being lost--before the App ropriation Act could be carried--the opposition quitted the council. the six sent a letter of explanation to Lord S tanley. Having resigned their office. they were perfect ly free to do so. and that the public service would be brought into serious discred it by allowing a different course. neutralised the voice of the rest. Gregson. but their force was left to the judgment of the governor. had resigned their seats.The History of Tasmania. by concurring with the executive. and. Esquires . He admitted that exceptions might occur. John Kerr. and referred the governor to the unity existing in the country party in proof that inevitable necessity al one had prompted the co-operation of persons hitherto adverse.[245] This decision reduced the official debates to a mere pantomime. These gentlemen. but having done so. All beyond a simple aye or no he deemed usurpation. and that whatever was not abstra cted from their supervision by specific laws was proper for their consideration.

It was not possible to resist the secret ary of state. and gaol establishments during the ensuing year. But the colony discovered in the governor an inflexible determination to carry o ut the system of probation under the instructions of Lord Stanley.ld by the governor he would carry the estimates by his casting-vote. but the exact line between fair and fac tious opposition is not easily discovered and can be often only ascertained by the result. unconstitutional. and submitted their conduct to the judgment of the Queen. In this instance the object was clearly expressed in a rejected resolution:--"This council do decline voting the sums stated in the e stimates laid on the table for the payment of the judicial." as they were called. To supply the vacancies occasioned by their retirement was the labor of weeks. as the only open course. and finally. Repeat ed motions for the attainment of the same object are certainly incompatible with legislative order. was eagerly espoused by the colony. before they refused to pass or had exam ined them. and declared that he would never interrupt the freedom of d ebate or attempt to force the 153 . that the governor claimed power to borrow and spend without legislative consent. the chief aggressor. They could only arrest his attention by involving his agents in embarrassment. The governor de fended himself from the charge of despotism."[246] The cause of "the patriotic six. that discussion and enquiry were denounced as factious. The opposition to the measures of Wilmot could not be in every instance just ified if separately considered. be compelle d to adopt any measure likely even temporarily to embarrass his excellency's government. as far as the expenses of the convict department with respect to those items are incurred. and disloyal: under these circumstances they resigned their seats. by a sense of duty. The imperious tenor of his despatches taught the people that mere remonstrance w ould be unavailing. and gain no good end by delay. police. A small pa rty might retard the public business. At the same tim e they desire to place on record an expression of regret that they should.

1845. Gregson. at their own expense.000 guineas. 1843. Volume I compliance of the council. and plate with a suitable inscription .The History of Tasmania. Mr. FOOTNOTES: [Footnote 232: Agricultural Dinner. 1845. 1843.] [Footnote 233: Despatch. however. Stage-coachmen. 1st. make a stand. raised a testimonial in the shape of 2. Butchers. Dry was exiled during the political troubles of Ireland in the last century. 1845. He was escorted by a large concourse of people and with all the usual tokens of public esteem. October 18. Gipps. against the aggression of convicts sent hither principally for the benefit of the mother country" (July. January. June 28. O'Connor. Auctioneers.] [Footnote 245: Despatch to Sir G. the first legislator chosen from the coun try-born.] [Footnote 239: Correspondence. The opposition press held up to scorn those disposed to accept a nomination.] [Footnote 241: Dr. and after a respectable career attained considerable wealth. January 5. 1843. Boatmen. God save the Queen! August 6. 1845. support the constitution. 34. and never was the legislative freedom of the country more earnestly desired. A more suitable expression of popular feeling was given on the return o f Mr.] [Footnote 235: NO TAXATION! A meeting will be held at the Theatre.] [Footnote 242: Despatch. Hampton's Report. The son. 1843. Publicans.] [Footnote 236: Despatch. pledge the public your intere st. Ca rters. had protested against the police expe nses in the following terms:--"Because. one-third of its present police force would be adequate to its protection. I therefore do not consider that in common justice the colonial gove rnment ought to be required to defend themselves. The father of Mr. were this not a penal colony. prove your spirit. t he leader of the opposition. rise at our bidding. a strong pull.] . and a pull altogether. show your pluck. On no previous occasion had public sympathy so attended political controversy. December 5. was honored in a more substantial form. Maclean's Report. Eating-house keepers. No. the colonists saw with pleasure consecrate himself to the cause of his native land. Pawnbrokers.--so easily is the nobl est cause degraded by its friends. Dry to his native town. 1843. Jan.] [Footnote 238: Despatch. A body of his admirers. put your shoulders to the wheel. Cabmen.] [Footnote 234: Despatch.] [Footnote 240: Mr. and gentlemen who did so were assailed with scandalous abuse. 1845.] [Footnote 244: Letter of Captain Swanston to Lord Stanley.] [Footnote 243: Mr. 1844. drive on. 1844). Jan. a long pull. by contributions of large amounts. 31.] [Footnote 237: January 24.

154 .

Above. there was another gang. at the entrance of D'Entrecasteaux's Chann el. 200. 500. and excited general dissatisfaction and alarm. and deliberately signed by those who admitted its facts and joined in its prayer. 400 men. 100. 300 . at St.The History of Tasmania. there are 350 men. All its allegations were supported by documentary evidence. at Port Esperance. 180. Above this. 100. and off ered to the colonists for signature. Oatlands (fifty miles)." The petition this statement sustained desired the most moderate changes:--th e reduction of the number transported to Van Diemen's Land to the standard of 1840. forty-one magistra tes. could only be resisted by instan t measures. Among these was Mr. a soli citor of Hobart Town. f enced. Cross Marsh (thirty miles). Here there are 500 men. 100. up the Huon. The first petition of a series unexampled in number was drawn up by him. Ro ss (seventy miles). Pitcairn. 250. at Buckland. including six non-official councillors. you will see. Up wards of 1. 200. which was recently withdrawn. twenty gangs. Volume I SECTION II. At Perth (one hundred miles from Hobart Town and nine teen from Launceston). the amelioration of th e discipline. Abolition of transportation was spoken of. along the banks of the H uon. In all. 240 men. at the Mersey. and many other persons of influence. The press warned the people that an attempt to change the whole aspect of the colony. Frankland's). Bridgewater (twelve miles). The development of the new convict system gradually disclosed its adverse ch aracter. and improved). the farmers begin. Taking now the main road from Hobart Town to Launceston (the lands on each side being all settled. The location of the gangs exposed them every moment to public observation. 300. and the gradu al and total abolition of transportation. at Jerusalem. comprising 5500 men. and a few only of the colonists were anxious to speed that event. South Port. 250. you will see Glenorchy (eight miles from Hobart Town). 400. It was not adopted at a public meeting. 150 men. but was published in sev eral newspapers. you come to Oyster Cove. Mary's. "you look a t the last map of Van Diemen's Land (Mr. at Westbury." said he. A frightful sketch of their distribution was drawn by the author of the petition. drawn fro m the public records. at Fingal. "If. At Port Cygnet. Brown's River (just above Worth West Bay and five miles from Hobart Town). Leaving the main road. proceeding up the channel.700 persons attached their names. The committee who took charge of the petition requested the governor would t estify to the truth of its . 500. 120. but eminently fitted to lead the c ommunity on this question. the relief of the settlers from the expense occasioned by the presence of prisoners. a gentleman never before prominent in politics. and Cleveland (86 miles). Jericho (forty miles). the re are at the Broad Marsh. 250. from a free to a mere prison community. although as a contingency rather than an object de sirable. at Deloraine.

An animated and indignant debate terminated in the removal of Wilmot from his place as their pat ron. Wilmot cal led them together. and a pledge given to the bank to confirm the contract in the 155 . The distinction between a gov ernor as the head of the social circle and as the chief of a political body will be more readily apprehended whe n his power shall be less absolute. Having filled up the vacancies in the legislative council. 1845) was printed for the use of parliament. and who attributed their difficult ies to any cause but the right. and that they were encumb ered with debt.allegations and the respectability of the petitioners. and their embarrassment to extravagance and spec ulation. a body including much of the wealth and influence of t he colony. He ascribed their discontent to insolvency. Wilmot was the pa tron of the Midland Agricultural Association. The absence of constitutional channels for the expression of their di ssatisfaction led them to a measure which would otherwise be deemed an extreme one. In few words he promised compliance. and the obnoxious despatch was laid before t hem. He accompanied the petition with a despatch generally hostile to the object and unfriendly to t he character of the subscribers. and his secret advice no longer over-ride the wishes and interests of the people. It appeared that money had been provided and appropriated. Sir E. He disputed most of their statements--distinguished between them and the more respectable majority a gainst them--and stated that the number of signatures was due to the indolent facility with which such d ocuments were signed. This despatch (August 1. He asserted that their colonial property was trifling. Sir E. They were convened by certain of the members. No prudent colonist would desire to see this precedent often followed. and soon came i nto the hands of the colonists. whom he described as men habitually factious.

Many fictitious votes had swollen the numbers of their anta gonists. An election without a scrutiny might not be founded on one valid vote. and the destr uction of flocks required some check. It was intended to issue debentures. but the bill made no provision for a scrutiny. and the charge excessiv e. The legislative council passed several acts of great colonial consequence. but the frame-work of the bill was objectionable. however. they resign ed their seats.000 per annum towards the p olice expenditure. and in many instances it was cheaper to send raw material to London and import English. They however addressed their governor to obtain. unwilling to admit the d efect of the bill. Th e land fund. The governor was authorised by the secretary of state to allot portions of land to t icket-of-leave holders. but when the time came for rating the city. was assumed by the lords of the treasury. Thus the inter-colonial trade was loaded with burdens of great severi ty. Wilmot was.--a measure offensive to the settlers in general. and gave exemplary attention to their duties. A bill for electing commissioners of paving and lighting for the city of Hob art passed the council (August. but at the same time excepted the waste lands of the island from the general system. '46). if possible. It will be seen hereafter that the tax occasioned the most serious disputes. elsewhere given up for the benefit of the colony. the defect of their election appalled them. It w as contemplated to employ convicts in clearing and cultivating. Reed and Hopkins offered to this scheme a decided opposition. The English government at length agreed to pay £24. and thus settle out-standing accou nts. Messrs. a disallowance of the exactions of Wilmot. A measure of still greater ultimate importance was enacted by the council. suddenly brought to a clo ." A heavy tax was imposed on the keepers of this indispensable protector of house and fold. This objection was long foreseen. but the government disclaimed any other object than the increase of the revenue. The administration of Sir E. did not attempt to reform its details. and at length it fell into disuetude. and found to be impracticable. The multitude running about the streets was felt to be a nuisance. The first election under it occasioned a keen competition and considerable excitement. and although disliked as an indirect scheme of taxation. and being unsuccessful. in obedience to the policy of ministers. and avowed the principles of free trade. Orr. than to exchange colonial manufactures. intended "to restrict the increase of dogs.The History of Tasmania. It was the first inst ance of representation. The measure was welcomed by some sheep-holding members as a tax on Port Phillip shee p. and the returning officer declared the po ll against the protests of the defeated candidates. The government. Messrs. '46) exacted the 15 per cent. A heavy retaliator y rate was then imposed by the New South Wales legislature. and by the sale of land to indemnify the c rown for the outlay. ad valorem on colonial commerce . and Stieglitz entered their protest against the bill. Dunn. The commissioners sat for some months. Volume I council. was not unpopular . The Abolition of Differential Duties Bill (July.

he had either received no intelligence or that their remarks were casual. These evils he thought partly acc idental and partly inevitable in all penal schemes. There is scarcely an evil which the p rogress of the scheme unfolded that he did not admit and illustrate. as the chief superintendent. and few. and in reporting the state of the prisoners. while events were constantly occurring which. but even they were probably only more flagrant because the extent of transportat ion gave them a wider range. slight. others aggravated by the excessive dimensions of the probation syste m. as such. and not a few the result of the failure of demand for labor. having tied up the gove rnor's hands. '45). amply sustained by respectable testimony. the proba tion system. It was thus apparent t hat the colonial-office held 156 .se. was the best ever devised by the British ministry. The ministers. with all its defects. Remedial measures demanded an outlay and inspection which the instructions of th e home government had prohibited in language the most distinct." Thus at the end of three years he found himself destitute of a ny clear understanding in reference to the conclusions which Mr. or the g overnor. demonstrat ed its sad consequences. forwarded by Mr. Lord Stanley indeed stated that in "five r eports from Captain Forster and seventeen despatches from Wilmot. Forster. The worst effects of sensuality were the most a larming feature of the system. had passed over important questions. complained that he had carried economy to a pernicious extent. extolled the outlines of Lord Stanley' s system. But those who examine the despatches of Wilmot with care wi ll be compelled to question the accuracy of these complaints. Forster. Evils of a serious nature were extensively prevalent. and adopted by the governor. as the immediate agent. Reports. inseparable from ev ery scheme of penal discipline. must have formed respecting the soundness of the principles or t he wisdom of the plans which both had been called upon to administer (September. but still he maintained that.--some.

Gladstone. 1845) Sir E. the officers on the spot would be devoted: and so it happened. on the statistics of prison piety--generally false and designing. but fo r their results. Mr. Wilmot announced his recall. to be ascertained by coll ating statistics. in pr oportion as it is loud and ostentatious. he stated that he could not permit the members to disperse without acknowledging their assistance. described such demands as an encouragement of hypocrisy and reli gious pretence. The despatch is a singular example of its author's mental habits. and spiritual st ate. He adm itted that advice and assistance to the Queen might sometimes take the form of strenuous opposition to the executive. He informed them that his recall was not occasioned by his differences w ith the late members. Volume I the governor responsible not only for obedience to positive instructions. he gave his own views in odd and scarcely intelligible terms. either during his life-time or after death. but at the same time he stated the quarrel with the six was in no degree the cause of the recall. He denied the distinction between the offices of an elective and of a nominee legislator-between a council of advice and a representative legislature. conveyed to Wilmot the notice of his removal. but all such will look with suspicio n. Gladstone charged him with neglecting the vices of the stations--an error in judgment so serious as to render his removal imperative.The History of Tasmania. but was ascribed to an imputed neglect of the moral and religious welfare of the prisone rs. and even disgust. Although not usual then to address the council. and he added. who had received the seals of office. his character would require no other vindication than truth would afford. . In closing the session (September. No wise or good man will discredit religious teaching. In his last address to the council Wilmot alluded to the benign influence of time on a slandered reputation. While he complaine d that the governor's statements were obscure. if not dread. or the sympathy which the six would r eceive from the people. Gladstone indeed attempted to balance with much precision the merits of the patriotic six. A delusion for a time might expose a public man to popular injustice . The English press. with some truth and bitterness. He doubted whether Wilmot had properly calcula ted the difficulties which would follow the passing of the estimates." Mr. the governor had adverted to the moral condition of the convicts "in a manner too little penetrat ing:" he had not made it a point of his duty "to examine the inner world of their mental. Thus. He censured mildly the accusation of disloyalty. but however misjudged. The defects of the governor as a legislator were not taken into ac count. moral. that the memory of their kindness would remain with him during the short remainder of his life. Practical m en felt that the knowledge of the thirty thousand prisoners except by their conduct. in the event of a sacrifice being required. and that. Mr. was rather more difficult than the hopeless task of similar investigations in ordinary life. These whimsical terms of reprobation excited universal astonishment.

It stated that the conduct of Wilmot excluded t he respectable inhabitants of Hobart from his society. and no clue to enquir y given. place. Nothing specific was stated. and the exact nature of their imputations. It would have been no great stretch of generosity had a minister admitted that rumors set up as a bar to employment were no longer barri ers to the confidence of the 157 . who declared their entire disbelief in these charges. and pro nounced the charges unworthy of belief. a Warwi ckshire member. Sir Rob ert Peel. Secretary Gladstone had accompanied the recal l with a private letter which stated that rumors reflecting on the governor's moral character had reached the colonial-office. there was ample justification of the recall. The Atlas. was highly displeased with the interference of Mr. of a nature to hinder his future employment. although earnestly pressed. These preposterous imputations melted away the moment they were touched. and excused himself by allegi ng that. an old neighbor of Wilmot. It was then stated that the authors of the report were persons in the service of the crown. t he names of his accusers. and they were spread with activity. In reply he observed that the persons who mentioned these rumors did not profess to support their credit by any statement of particulars. in a discussion raised by Mr." In the House of Commons a fuller explanation was afterwards given. Gladstone. and circumstances. independently of this charge. Rumors had been long current. and its effect. Remarks of a similar tendency appeared in a London periodical.This was soon after explained. Wilmot conjured Mr. He added that it "was not in his power to convey what he had not received. Gladstone to state the time. Mr. but he declined expressing an opinion. c ompared the governor to the tyrant of Capreæ. and referred to his private habits with expressions of disgust. The eldest son of Wilmot appealed to Earl Grey for a formal vindication. T his was instantly rebutted by Sir John Pedder and other official persons. and made it impossible for ladies to enter his house. but to foun d them on general notoriety. a Sydney journal. that the accused was living in scarcely concealed concub inage with several women. Spooner. both in England and in the colony.

The credit they received depended entirel y on the party sympathies of the listener. Stephen's Chapel. There was nothing in his gift. He had been accus tomed to debate. 3. To the substantial difficulties of the people around him he was unable to offer more than those general assurances which often exasperate rather than console.The History of Tasmania. but just before he had dilated with vast perspicacity on the tendency of governors to act in behalf of the colonists. but none had been substantiated (May. considered himself the servant of the crown. He replied he could not tell to what report s it alluded. The usual order had been given that the governor. restrained in his discretion by absolute and specific instructions. 1847). The governor was impatient of contradiction. It was commonly understood that his stay w ould be prolonged. Gladstone was condemned for entertaining them. but that rumors of the kind had fallen under his observation wh ich he had proved to be groundless: charges had been whispered. but when assailed it s hould certainly have all the protection of a full and open enquiry. He forgot that the head of a government can hardly say too little of men or measures. to misapply the funds and pervert the labor belonging to the crown. but he followed the direction of his lega l advisers. The state o f religious parties increased his disquiet. but liable to misconstruction. Mr. like most governors. in a colony c uts to the bone. The moral charac ter of a governor is of moment to a colony. Had Lord Stanley acted with pr udence he would have left much to Wilmot's judgment. In a conf lict of words. for his remarks. Volume I crown. should enjoy the complimentary distinctions of office. He had to adjust the claims of churches to spiritual authority. to forget imperial interests. but he died soon after his retirement (Feb. The interested reports of his subordinate officers unfortunately enabled him to hold out hopes of success which were never realised and to furnish an excuse for his condemnation. and a just consideration in his appointment. transmitted an address[247] presen ted to Sir Eardley to the Bishop of Tasmania. Had Wilmot at once declared the impracticability of Lord Stanley's schemes he might have been recal led. and could not contradict them. however. Sir Eardley Wilmot. to an executive chief victory and defeat are alike pernicious. but the sarcasm which falls harmless on the floor of St. during his residence in t he colony. a brother of Lady Wilmot. and they grew as they went. No governor ever was more unfortunate in his political position. He could on ly tax and restrain. He seems more worthy of censure f or his indefinite method of stating their nature and the authority on which they rested. in the sixty-fourth year of his a . In declining to erect ecclesiastical courts Wilmot not only gratified many. No one. The precision of his injunctions left no alternative but to obey. Mr. The reports in disparagement of Wilmot originated in the freedom of his add ress--perfectly innocent in itself. attached much importance to them on the spot. '4 7). but the responsibility of an utter failure would have rested with his chief. Chester.

18 46). the bearers were in motion . Charles Joseph Latrobe. Wilmot (October 13. and subsequently first governor of that territory.. His remains were interred close to the tomb of Collins. the chief acts of his 158 . produced a general sentiment of regret. Wilmot was twice married. of Bath. superseded Sir E. but in one body. During his short stay as "administrator" he was employed in a careful scrutiny of the probation departmen t. Sir John Eardley Eardley-Wilmot was descended from the ancient family of Ea rdley of Audely. the catholic priests. It stands nea r the highway. The treatment he had received from the colonial-office. Chester. abreast. It had been officially arranged that. shot a-head of the procession. and thus many were dismissed. daughter of Sir R. and afterwards to Elizabeth. Staffordshire. of Bush Hall. now called Victoria. In performing this difficult duty he displayed exemplary activity and decision. and the archdeacon. David's burial-ground to the memory of Sir Eardley Wilmot by subscription. Parry. An ornamented Gothic tomb was er ected in St. This promptitude exposed hi m to imputations of harshness. the clergy of all denominations should walk in their several classes. Sir E. A public Esq. except the ministering pries t. Superintendent of the Port Phillip District. and the vicar-general. the m oderator. All the hou ses of business showed marks of mourning. as representatives of the three endowed churches. but although it is probable he did not wholly escape errors of judgme nt. by a rapid evolution.--first to Eli zabeth. When. daughter of Dr. and his death far from the honored sepulchre of his fathers and the scenes of his early political fame. however. He was grandson of Wilmot. The An glican clergy evaded this plan by stepping up before the coffin. He resolved to remove every o fficer chargeable with incapacity or neglect. lord chief justice of the court of com mon pleas--a judge celebrated for justice and piety. Staffordshire. was thronged by the citizens. attended by the administrator and the newly-arrived governor.

and his government being limited to the established routine. he concurred with the general wish for its extinction. and we feel the more imperatively called upon to do so.The History of Tasmania. Wilmot. we have to assure you that you carry with you our best wishes for your future welfare. E. having hear d that your recall has been influenced by reports injurious to your moral character. E. While he suggested many improvements in its details."] 159 . Volume I administration were amply vindicated by the facts he saw. to which 250 names were append ed:--"To Sir J. from the fact of many of us having differed in opinion upon various measures of your government. Bart. left nothing to record. Latrobe never met the le gislative council. Mr.] [Footnote 247: The following is the address. during your admini stration of the government of this colony. The opinions he expres sed sustained the colonial impressions respecting the convict system. FOOTNOTES: [Footnote 246: Motion proposed October 28. deem it to be a duty which we owe to truth and justice to express o ur unqualified contradiction of those reports. 1845.--We the undersigned. Upon the occasion of your retirement into private life. inhabitants of Van Diemen's Land.

FROM 1847 TO 1852. 160 .The History of Tasmania. Volume I HISTORY OF TASMANIA.

Their claims being quashed by thi s discovery. the instrument not stating to whom they succeeded. and were requested to decide a mong themselves who should be honored with a seat. to aw ait instructions from Downing-street. Gladstone. It was left to his discretion to select six out of the whole number to complete the council. SECTION I. 1847. and the more effectual control of the convicts. and the governor. but at length the Gazette announced that the Queen had reinstated the original six (1848). and the proceeds of the tax were carried to the general revenue. Sir William Thomas Denison. and in the survey of importa nt public works. Sir William entered on his office with less a cclamation than usual. Orr. pursuing the scrutiny. and the claims of the gentlemen who occupied their places after the ir resignation. Thus during 1847 there was no legislature sitting. unable to unravel the difficulty. dismissed the council. 1847).The History of Tasmania. Some of the settlers ne ver complied with this . duties. In this op inion the chief justice concurred. Wilmot an act was passe d to restrict the increase of dogs. and Sir W. It has been seen that under the government of Sir E. January 26th. Thus again all the previ ous proceedings were quashed. Captain of the Royal Engineers. but the chief object proposed by the minister. Denison ultimately decla red the appointments of Wilmot were disallowed. The owners of dogs were required to take out a license. was expressed in the legal form. which. Denison to a rrange the dispute with the late councillors. Mr. an d some quitted the conference. Mr. who entered the council some time after the rupture. produced his appointment. unlike certain others. it was found that some nominations of Wil mot had been informal." The gentlemen reje cted were advised that they held their office until superseded by commands under the sign-manual. His professional habits had not qualified him equally for civil affairs. His eminent abilities in a department connected with the employment of prisoners. Knight. no t less than his respectable connexions. He was informed that the conduct of both sets of legislators had received the royal app robation. Before his embarkation the secretary of state instructed Sir W. however. Volume I FROM 1847 TO 1852. and another levying 15 per cent. presente d his commission.--a transposition required by the law. An altercation ensued. but. or a warrant for the nominees under the sign-manual of the Queen (July. the "patriotic six" were again appointed in succession to each other. The changes had been too rapid and unfortunate to encourage much enthusiasm. and re-appointed the "patriotic six. At this stage. The "six" adhered to each other. They w ere summoned to the government-house to hear the minister's decision. This experiment failed. led to his nomination. He had been employed in the dock-yards. was the better disposa l of prison labor.

since the Dog Act contained no specific appropriation. According to the opinion of several la wyers the council by this enactment had exceeded its powers. The views which dictated this judgment affected a more important act--the Di fferential Duties. Mr. and Mr. The judges. 22. and the amount was carried to the general revenue. that he had paid no license fee. It was und erstood that Judge Montagu had not obtained a license for dogs on his premises. having heard the arguments of counsel. and entered their suit for recovery." It was contended that the restriction was viola ted. They therefore ann ulled the decision of the inferior courts (Nov. A revenue of £20.000 per annum was thus in peril. "to be distinctly and particularly stated in the body of the bill. 1847). Several merchants paid these charges under protest. announced to the government that he was an owner of dogs. unsettled the whole body of colo nial law.ordinance. a ppealed to the quarter sessions. an d intended to pay none. then editor of the Britannia. willing to avoid the trial of this point. Morgan being fined. and others paid under protest. Morgan. encouraged opposition to the government. and then to the supreme court. Th e government. did not hasten to enforce the penalty. and exposed its agents to vexatious prosecutions. The governo r was determined to resist 161 . The act of parliament by which the council wa s constituted contained a provision to the effect that a tax should be levied only for local purposes. It was stated by the governor and crown lawyers that th e judges themselves had passed the lawful limits of their jurisdiction. The chief constable was directed to recover the penalties. declared that the Dog Act imposed a tax and exceeded the powers of the council.

Volume I their judgment. I should. Denison therefore requested the judge to relieve the government by asking leave of absence. it passed the legislative council. any measure. an d the substitution of others. The Doubts Bill declared that an ordinance once enrol led. but the prohibition of taxes. whose opinions were known to agree with the executive. "Were I..[248] Pending this dispute. render myself unwort hy of holding the lowest office or employment which it is in her Majesty's power to bestow on a subject. and questioned on the point. Montagu alleged an understanding. "to accept your excel lency's proposal. 83. and takes the question of legality from the future judgment of the cour t." so called. and. whatever its provisions. without notice or delay. That the "Doubts Bill. and amoved him. To the suspension of the chief justice the executive council were opposed. or to subvert those restrictions by declaring them inoperative. and although its rejection was proposed by the chief justice and five other members. be for ever after degraded. which cur es the defect of these taxing clauses. should be held binding on the court. they were said to override the leg islature."[249] A t this stage of the proceedings the warrant constituting the legislative councillors reached the gov ernor. IV. He stated that in the event of a division of opinion on the bench a verdict for the plaintiff would stand. Justice Montagu sued him for £200. and Sir Wm. By the act of 9 Geo.The History of Tasmania. The judges were charged. the attorney-general. The warrants for the members of the council had not arrived. who framed the acts repudiated by t he judges. sec. ipso facto. The governor charged him with perverting the protection of his office . was appointed to succeed Judge Montagu. Horne. It now remained for the governor to annul either the laws opposed to the pro visions of the parliamentary act. it appears to me. Th e privilege of his office presented a legal obstacle to the suit. He chose this last course. This being decided by the chief justice. . and to adhere to its provisions in a pressing emergency. a creditor of Mr. which declared the taxing clauses illegal. to defeat his creditors. therefore. and the opinion of the chief justice was of less moment to the executive. was inconsistent with the limitations of the council. or however repugnant to common law or parliamentary acts. with a neglect of duty in omitting. to certify illegality in the Act pri or to its enrolment. The registrar of the supreme court was called before the executive counci l. Mr. and the most obvious remedy was the removal of the judges. the governor possessed powers sufficiently ample to pass. has been virtually determined by a retrospective clause in the recent constitutional act. which in equity relea sed him from immediate liability. as authorised by the law. Mr. and by permitting the question of an act of council." said his honor. the creditor applied to the governor for relief. and it became a question whether his opinion would sen d the merchants out of court. To this he repli ed in terms suited to the respectability of his character. Thu s recourse to the legislature was impracticable.

maintained that every illegal demand is 162 . A minute addressed to the legislative council charged the merchants with for getting the duty they owed to society. The propriety of this p romptitude was indisputable. and discovered that the seal of the colony had been attached. on general principles. the chief justice. Turnbull held the office of sheriff. was peremptory and explicit. however. Every executi on--criminal or civil--had been therefore illegal. not the terms of which transpired--Sir Wm. Mr. His imprudence exposed him to a proceeding which. Among the blessings which the British constitution bestows foremost of all is the freedom of the judgmentseat. and not that of the governor. The chief justice stood still higher in public estimation. and all proceedings affected by the mistake were declared valid. and impartial judge. he closely examined his c ommission. but passionate and eccentric. They. when they offered resistance to the tax. occurred (1843) w hen Dr. eloquent. as required by the charter of justice. Denison was informed. and through him. it is diffic ult to approve. in a court where every variety of legal knowledge has been in demand and a vast amount of toil endured. Hi s treatment was the subject of keen censure in the commons. th at his conduct to this judge was decidedly reprehended by the crown. This error had been made in successive commissions for many years. in the circumstances.for all but strictly local purposes. and. The chief justice left the representation of his conduct to the governor. An instance of rapid legislation contemplated by the act. At one sitting of the council the act of inde mnity was passed. Montagu were confirmed. Horne's appointment and the amoval o f Mr. More cautious than his predecessor. and by an unpublished despatch--the nature. and few political faults are less capable of palliation than a deliberate attempt to subject a judge to t he influence of the executive. Mr. For nearly thirty years he occupied a station of awful responsibility with a reputation uns ullied. not easy to condemn. Justice Montagu was an acute.

and that little h e must rapidly forget. however. comprehen ding the affairs of forty colonies. represented the colony as a scene of tu rbulence. having read in a de spatch that the decision of the judge would disorganise the body of law. wholly irrelevant to the real merits of the dispute. In the multiplicity of business. the responsible minister can know little of details. An opposite course would be inconvenient--perhaps dangerous. No governors have stood so high in the colonial-office as despatch writers. A minute acquaintance with colonial history would justify the belief that ap peal to Downing-street against the conduct of governors is utterly futile. These papers first fall into the hands of subordinate officials. These various remonstrances had no effect on the ministers. or of such a censure on his conduct as might influence the habits of colonial ru lers. when a question is proposed. But the h ouse was equally ill informed. but when a mere colonist complains he will find no precedent in Australian experience to cheer him in his task. whose established character is turbulent. and the despatch triu mphed. It readily acquiesced: the conversation dropped. but in the Australian journals of half a century no example is recorded of a gov ernor's recall on such grounds. when not a single step had been taken but the courts of Westminster would have approved. It was the unq uestionable right of those affected to oppose the execution of illegal ordinances. and democratic. Gross instances of oppression ha ve not infrequently occurred. and the entire course of the governor was approved. it is better that the colonists should despair of redress than to encourage the discontented to harrass the representative of the crown. The position of the government was one of considerable embarrassment. As a choice of evils. Thus.The History of Tasmania. The minister. and the desire to replace him by a more pliant judge. and claimed a right to protect themselves and the public from its op eration. or that they beguile the minister of his judgment b y the subtlety or wisdom of . proves that a colonial-office cannot protect the Australian people. Fifteen hundred persons signed a petition deprecating the interference of the executive with the supreme court. It was thus when the quarrel between the executive and judges was debated in the house. but no blame would have rested with the governor had he amended them without removing the land-marks of the colonial constitution. When the dispute is between persons high in office the established policy does not predicate the result. A pungent passage or epithet. except the attempted coercion of the chief justice. he asks time to refresh his memory. is drawn from these documents. whether that ability i n epistolary correspondence implies general superiority. rapacious. Volume I spoliation. The subtle arrangement of facts and inferences suggests without appearing to dictate the judgment of the o ffice. who feel a natural antipathy to colonis ts. They asserted their conviction that the removal of Judge Montagu was occasioned by his decisio n on the Dog Act. A result so invariable. Thi s futility of appeal is more striking when the local authorities are protected by a laborious despatch writer .

The machinery of the 163 .[250] In 1843 the legislature of New South Wales was constituted. who saw no danger in conceding to the free population the common rights of Englishmen. and alleged that they would bear comparison with corresponding classes within an y dominions of the crown. The scattered inhabitants found it difficult to assemble. Sir John Franklin suggested (1839) a legislature. and more so to reconcile their neighbors to loca l taxation.their political disquisitions. were renewed with increasing hope of suc cess from 1846 to 1850. to secur e colonial representation. The ministers. and expenses of transit. Mr. to consist of twenty-one members. would not easily have admitted effective representation or perfect responsibility. but the distance in both cases. repeated for more than twenty years. one being for Australia. though admitting the abstract value of the privilege. This feeling was not overcome until the accession of Lord Grey. A variety of plans were submitted at different times to the parliament and ministry. Originally a nom inee council. Joseph Hume suggested (1832) the admission of a certain number of representative s chosen in the colonies to seats in the House of Commons. authorised to superintend inter nal affairs. and which strongly interested the sympathy of all classes. The bill enjoined the establishment of district councils. A civil list was reser ved. in all nineteen. The petitions for representative government. one third nominated by the crown. and the disposal of territorial revenues withheld. hesitated while the great preponderance of convicts seemed to require an absolute authority. He gave a generous testimony to the intelligence and probity of the settlers. but the partial liberty enjoyed was used with dis cretion and effect. and to fulfil many of the functions of municipal bodies. They were. however. and the remainder elected by persons holding the qualification of common jurors. the popular element was infused by two thirds being elective members.--a meas ure once suggested for the old American colonies. never called into action.

Earl Grey. he asserted. however. that he deemed it un desirable for colonies so contiguous to differ in their institutions. then a part of New South Wales. He furnished Lord Grey with various opinions and suggestions. Their numbers were too small for effectual action. which led to some unavailing petitions to the crown. and certain ex officio representatives of go vernment. however. to hold their seats for life. Thus the legislative bod y retained in its hands the whole power which it had been intended to balance and check by the petty council s. however. Volume I councils was set in motion only to defeat their design. or open the road to any other ambition save that of excelling in habits of self-indulgence. and was presented to the house "in the room of th e Right Hon. The revenues raised at Victoria were expended to some extent in the e lder city." "There i s an essentially democratic spirit. or that those few owe more to the possession of a certain oratorical facility than to their powers of mind or the justness of the opinions they advocate.--it can be hardly a subject of surprise that so few rise above the general level. which actuates a large mass of the community. The popular dissatisfaction. the returning officer announced that no member had been returned. the counterpart of the New South Wales assembly. and the secretary of st ate was for two years member for Melbourne. when we see that even wealth does not lead to distinction. The experience of the Tasmanian legi slative council had. Henry Grey. Westgarth. Denison was instructed to report on the subject of an elective legis lature for Van Diemen's Land. The loss of time required disincline d most gentlemen to undertake the representation. and it is with a view to c heck the development of this spirit that I would suggest the formation of an upper chamber. Port Phillip. without. a merchant of tried intelligence and public spirit. and their sympathies were divided between their constituents and their neighbors. was chosen afterwards. was represented in a council sitting at Sydney. the electors met at the hustings and discountenanced the appearance of a candidate. only. On meeting for the election of a member for the city Earl Grey was chosen." Sir William Deni son suggested that bishops might be members of an upper house. The law officers could not question its legality. the rest. " said Sir William. Mr. "When we see. "the low estimate which is placed upon every thing which can distinguish a man from his f ellows. took a cur ious form. The governor and superintendent considered this p roceeding a disgraceful farce." Sir Wm.[2 51] . in 1848. but more distant from the metropolis than Englan d from Rome. and the superintendent of Port Phillip had little influence and less power in the govern ment. whether nominated by the crown or elected by the people.The History of Tasmania. taking his seat. with the sole exception of wealth. He had recommended a frame-work. assisted him in forming an opinion on the character of the people. Thus. and after waiting an hour. and those chosen were chiefly resident in New South Wales pr oper.

one third nominees. The so cial equality of settlers who landed together could not be forgotten in the diversities of their colonial fort une. but the colonies were not capable of supplying the elements of nobility. It was zealously opposed in New South Wales. The idea of two chambers was approved by the majority. and the remainder chosen by the people. The people complained that the chan ge in the constitution without their consent was an infringement of their vested rights. The elder condemned its restrictions: the younger rejoiced in the pros pect of new franchises. It suggested a federal assembly for the general interest of the Australias. and disrespect ful to their legislature." and the checks and balance contemplated by the original constitutional act. and one additional for every fifteen-thousand souls. This plan of government was dif ferently regarded in different colonies. were distri buted--to each colony two." to consist of not less than twenty nor more than thirty. Earl Grey expounded a new constitutio nal system for the colonies. These views were sustained by t he legislature itself. others the appointment of senators by t he crown. They objected strongly to a plan which made the district councils the electors of the assembly. and the report adopted recognised all the great principles of British government except the full control of the expenditure (1849). The division of the legislature into separate chambers it resigned to the judgment of the coloni es.By a despatch to Sir Charles Fitz Roy. Some aspiring persons desired a little house of peers. The first collision of opinion 164 . The general opinion of intelligent m en was favorable to the division of the legislature. having its action closely d efined. This able paper recommended legislat ive councils for all colonies capable of supporting a civil list. but most elected members were agai nst it. They repudiated the statement that their legislature had absorbed all the powers of "the colonial st ate. The plans of Earl Grey and the correspondence and petitions they produced we re referred to the committee of the Privy Council. The "House of Delegates. and for life: a greater number were convinced that the legislature should be elective throughout. and trusted to time to enlarge their liberties.

"that some of our colonies may so grow in wealth and populatio n that they may feel . A stoppage of supplies would follow the first impulses of resentment. but for some favorite object it was calculated to hasten. Volume I would bring the machinery of double chambers to a dead lock. Numberless devices were exhibited. and. where the change gave nothing. Thus the Colonial Reform Society. displaying the political bias of th e people. the most considerable change. They were fearful of compromising their revenues by per mitting to New South Wales the preponderance of members. It was suggested by Mr. on the second reading of the bill. The real cause of colonial delight was the severance of their chains. despoiled the measure of a provision which. and public dinners. which. were worthy his station and political r enown. The ministers interpreted the satisfaction of the colonies as a testimony to their skill. as certain to terminate the ecclesiastical endo wments. Lord John Russell. however. In English representation it is the last remedy. When the bill arrived the joy of Port Phillip was unbounded. Lowe. not indeed without weight. with all its faults. A reduction of t he franchise of the bill from £20 to £10. 1850.The History of Tasmania. must be ultimately restored. All ranks were inclined to forget their differences." he said. and in Van Diemen's Land it was welcomed. w hich would have overruled their individual policy. It was expected to give irresistible power to that class in Van Diemen's Land. however modified. "I anticipate with others. to bear down an opulent emancipist interest in New South Wales. still more. and no interposing power could adjust the dislocated frame-work. It was hailed at Port Phillip because it secured separation from Sydney. A similar though less magnificent display was made in Van Diemen's Land. at South Australia. Many thousand pounds were spent in the festivities. nearly equal to household suffrage. These objections. celebrated the constitutional victory. The bill was carried thro ugh the lords by a trifling majority in a thin house. not detestation of their government. The local governors were opposed to the establishment of an assembly of delegates. The federal clauses were expunged. It received the royal assent. was. found little s ympathy beyond New South Wales. but then it betokens the dismissal of a mi nister or the downfall of a dynasty. August 5th. not as a measure approaching perfection. the jealousy of the conservatives of an organisation which seemed but a prelude to independence. explained his opinion s. The fate of a young empire but slightly moved the Brit ish peerage. as the engine sure to destroy transpo rtation. a t which many hundreds were guests. The bill suffered some mutilations in its passage to the throne. R. which attempted to defeat the government measure. The colonial press generally approved the ministerial bill. and the certainty that when broken all the power of E urope could never renew them. Several days we re devoted to processions and feasting. whether or not consistent with the ministerial measure.

The institution is managed by a council of nine. will make the colonies cling with fondness to a nation so ma gnanimous as to greet them with applause. for the Hutchins' school. Le t them increase in wealth and population. Hopkins. an opulent merchant. A thousand pounds were subscribed in the room. But let us make them. on a site granted by the crown.themselves strong enough to maintain their own independence in amity and allianc e with Great Britain. The site reserved for this purpose at Hobart Town was gr anted by Sir W. and. Denison to the episcopalians. An episcopal institution. West. open on equal terms to all denominat ions. the friends of education were convened by Mr. and promised the patronage of the crown. was formed at Bishopsbourne. of wasting time in unavailing complaints. The Rector. military. and divinity fellowships endowed (1846). however.--an edifice erected amidst en chanting scenery. and in five weeks £5000 (1847). Lillie and J. we of this great empire will have the cons olation of saying that we have increased the happiness of the world. and possessing architectural attractions which have yet to be equalled in this hemisphere. H. and clerical professions. 165 . the capacity of ruling their own affairs. Lor d Stanley recommended the establishment of a proprietary high school. as far as we can. whatever may happen. The first conspicuous obje ct seen by the stranger on entering the river is the High School of Hobarton." Such sentiments tend to extinguish t he desire to quit a political connection rendered honorable by terms so nobly expressed by the first minister of the crown. called Christ's College. Dr. I do not think that that time is yet approaching. chosen by the share holders. as fast as po ssible. if fairly carried out. Let us give them. fit to govern themselves. This alienation was deemed unjust. and which. Instead. when a prospectus was submitted by the Rev. In 1846-7 important additions were made to the educational means of the col ony. Scholarships were founded by the medical.

and can be annulled before a competent tribunal" (Lewis on Dependencies). binding for ever. Judging of the in tentions of parliament by the general character of colonial legislation and by the cautious wording of this ac t. and thus to prevent the evasion of the prohibitory clause intended to protect the subject. binding upon the colony. it could scarcely be imagined that they suspended the public safety on such a thread. appoint ed in his stead. and if sanction ed by the Queen. Volume I nominated by the London University." says a distinguished writer. Froude. therefore. survived the opening of the school only one month. "The powers of a subordinate legislature. A thousand pounds were subscribed for his widow. In order. Thus the activity of private zeal effected the objects contemplated by legis lative interference. 83. The growth of population will give ample scope for these various institutions. it is without binding force. Denison stated that the silence of the Judges for fourtee n days after the act was passed. which accompanied the Act 9 Geo. including the total subversion of all the limitary clauses. known as the "Huskisson Act . . author of the "Ne mesis of Faith.The History of Tasmania. J." The former practice was to require the governor to submit to the judge the draft of a bill before it was laid upon the table of the . James Eccleston. b ecause the question merged in one of much greater importance--Whether they could take that act into conside ration at all? It was of far more consequence to know whether the colony had a remedy against the usurpation of the legislative council. B. than to decide whether Messrs.--whatever might have been the cause of that silence--ignorance. except for local purposes. If the a ct be not within the scope of the delegation. Sir Wm. Esq. was the Rev. Denison relied on the de spatch of Sir George Murray (1828). but in his own chamber--would be to legislate by accident. c. or corruption. without the possibility of appeal. it is necessary to look at the extent of the delegation. indolenc e. IV. That Englishmen should b e deprived of their rights. Sir Wm. sickness. Morgan was in harmony with the parliamentary act. They were permitted to enact ordinances "for the good government of the colony. Justice Montagu. through the same ministerial inadvertence or corruption. and they were ordered to state "distinctly and particularly in the body" of every law the purposes to which the tax should be applied. to determine whether a n act of the legislature has a binding force."--a publication which led to his instant resignation. FOOTNOTES: [Footnote 248: The council derived their powers from the Act 9 of George IV. and extingui sh all but a wholesome rivalry.. Horne and Fleming were better lawyers than Sir Jo hn Pedder and Mr.--rendered the most unlawful stretch of power on the part of the coun cil. "are expressly or tacitly delegated by the supreme government. It was not worth while to enquire whether the view of th e judges of the legality of the act in the case of Symons v.." but they were forbi dden to impose taxes. by the inadvertence of a judge--not sitting i n a court of justice.

1848. the advantage of a strict observance o f a general rule. no principle of colonial law being more "firmly established tha n that a colonial legislature cannot enact statutes repugnant to the law of England. and a harmony between the judges and the legislature.] 166 . July. papers. August.] [Footnote 250: Despatch. as far as possible. on the grou nd of repugnancy.council chamber. and for preventing their refusing to execute any law that may be passed after a full consideration of their objections." By the Act in question "provision was made for fully learning the views of the judges upon the law." It was therefore clear that the power g iven to the judges to stop the enforcement of any illegal ordinance continued until their objections--whenever and wherever they might arise--had been "fully considered.] [Footnote 249: Parl. 1848. 1838." The judge (he said) "mig ht have found himself often required in open court to deny the validity of a colonial ordinance."--Hobart Town Courier." Thus it was intended to "combine.] [Footnote 251: Despatch to Earl Grey.

There was. The steps of the colonists have been cautious and deliberate. and warned the minister of their too certain results. judged the plans of Lo rd Stanley by the test of experience." said the noble lord. "I confess. and the final triumph only awaits the fiat of the crown. M'Lachlan's care. Volume I SECTION II. The press of England took the side of the oppressed. Mr. Is it to be wondered at that the Pentonville men should fall?"[252] The extreme social degradation and demoralising contamination to which they were exp osed in Van Diemen's Land. long a resident in Van Diemen's Land. Paren ts thought of their children--patriots of their country.[253] This "breach of the public faith" was promptly rep aired by a new series of projects. and. and the inexorable office w as obliged to listen. Latrobe. were utterly incompatible with the spirit of Lord Stanley's despatch." The representation forwarded by Mr. were instr ucted to select a site whither to send exiles. Every legislature of this hemisphere has ex pressed the popular will and demanded abolition. assisted by Mr. Wilmot. The opposition of Van Diemen's Land to a system reprobated by mankind--too long despised--awakened eve rywhere resistance to transportation. Vessels bringing convicts to Van Diemen's . assisted by the discovery of gold fields of vast extent and opulence. polluting the atmosphere in which they move. will change the penal policy of the British empire. but never was a battle more nobly fought--never was the re a cause more worthy of triumph. McLachlan. there to remain while awaiting hire or voluntary emigration: condit ional pardons which gave liberty in Van Diemen's Land." said an official representation. one result of his scheme which moved the susceptibiliti es of Lord Stanley himself. were made available in all the colonies. Other colonist s in England corroborated his views and enforced his representation. They had been encouraged to expect high wages and ready employment. "Thousands of prisoners. Sir Charles Fitz Roy and Sir E. In the progress of the struggle all classes ranged on the same side.The History of Tasmania. "that you are in an awful position. a colonist of long standing. Far other was their actual lot. and retract. He shrank from the "intolerable evils of a breach of faith" with the exiles of G reat Britain. Mr. however. and the disheartening difficulties they had to contend with. Such was the fair reward o ffered. their perseverence and energy indomitable! Their s uccess has been chequered by frequent disappointment. Pitcairn and his coadjutors was intrust ed to Mr. Smith. He described the social dangers which environed the settlers. "ar e going about idle. The formation of a new settlement was the grand expedient. to argue. o btained an audience at Downing-street. It now remains to record the most important colonial agitation of modern ti mes.

was diverted to Port Phillip. "The settlers. Gladstone. M'Lachlan. Opposition was." said the Examiner. Many shiploads were deported at £1 per head. "may not be prepare d for this. 18 44. in a letter to Mr. put the case of Van Diemen's L and in a striking aspect. A demand fo r labor sprung up. While the home and colonial governments were constructing and dissolving sy stems. "Shall the fairest isle in the south be converted into one huge gaol? shall the free in habitants be made the passive 167 . Thus the difficulty appeared at an end. but it is our firm opinion that at no distant day the unan imous voice of the community will say. while the colonists in general w ere far less cordial. T he considerable flockmasters were desirous of a regular supply. however. The settlers associated to bring expirees from Van Diemen's Land. Mr. cease transportation for ever. Our own impression is that they are not. This Mr. the idea of abolition was started by the press.Land were to convey ticket holders to North Australia. Latrobe confirmed (1845). Th e Maitland. The men were promptly employed. in a tone not to be disregarded. Happily for the world thi s project was defeated.) Events a few months after still more forcibly pointed to this issue. A squatter hired exiles in England. with the sanction of the minister. Sir George Gipps informed the secretary of state that from Moreton Bay to Melbourne exiles would be welcome. engaged for North Australia. and the occasional apathy of the public and the indecisio n of the press were construed as assent. languid." (March.

was followed by the motion of Mr. Mr. Mr. the thirty thousand persons release d from the prisons of France were so intolerable. Earl Grey stated his dissent from the principles on which it had been founded (September 30. 1846). except as a supplement to penal discipline" (M ay. 1846). The day chosen was inauspicious." When Earl Grey instructed Sir William Denison in reference to certain refor ms. Soon after Sir William Denison addressed to the magistrates . and he saw no reason that it should be otherwise." He stated that he was "prepared to express an opinion that transportation should be got rid of. he had intended to adopt the policy recommended in the work of the Archbishop of Dublin.The History of Tasmania. not better employed. 1846). and promised redress. Stephen.000 convicts sent to Van Diemen's Land there would not have been more than five or s ix hundred. Mr. In quashing the North Australian colo ny. and had never seen t he arguments of the Archbishop of Dublin refuted. what must be the condition of England with sixty thousand e xpirees then settled in the colonies? Van Diemen's Land was always a penal colony. Earl Grey warmly censured this policy. In remarking on its contents. Ewart. and that transportation be abolished. Gladstone had determined to arrest the inf lux of convicts for two years: this was approved by his successor. He had long entertained that opinion. the railway k ing. Lord John Russell explained:--"As to the sending of convicts to Van Diemen's Land. Ewart renewed his motion (July 6)." A duplicate of this petition. Pitcairn was presented in the lords by the Marq uis of Lansdowne (March. instead of 4. If. Volume I instruments of punishing these criminals? Is this the only capacity in which the British government will recognise the free colonists? The petitioners have laid their case before the le gislature. Hudson. A few days before Earl Grey and Mr. he said. The "house" was gone to the Epsom races. they admitted the facts of the petition. he intimated his expectation that transportation would terminate. 1846). "That it is inexpedient to make Van Diemen's Land the sole receptacle of convicts. They trust they have not appealed in vain--that they will not be driven from a land where the best da ys of many of them have been spent" (February. The petition prepared by Mr. The liberal principles avowed by th e new government reassured the friends of Van Diemen's Land. and counted out the members. Had his plan been carried o ut. Hawes had obtained the command of the co lonies. Lord Stanley begged their lordships to beli eve that the question involved interests more important than a single colony! He stated that Van Diemen's Land could not be swamped by an annual influx of four thousand. T he whigs ever expressed a decided abhorrence of penal colonisation and the collection of masses cradled in the traditions of crime. When taunted with this accumulation in Van Diemen's Land as the result of his policy of 1840. stumbled into the chapel of St. presented to the Co mmons. and complained "that no hope of relief fr om the frightful evils of transportation had been afforded.

The party defeated signed a memorial representing that they were not heard at the meeting. It complained that promises of relief had proved fallacious--that the worst evils o f transportation were 168 . and the speakers on the popular side were loudly ch eered. Carter. have been inflicted in civilized times. 1847). Sir William Denison promised to place it in the hands of Earl Grey "as a record to b e employed in the support of the facts it contained. and repu diating its decision. to be expected that a subject of direct and universal concern would be resigned to the discussion of a single class. The gover nor preferred communicating with these gentlemen. and by them with their neighbours. Futur e ages would contemplate with amazement the fact that wrongs so cruel in their nature. This was felt by the magistrates themselves. Gregso n advised his auditors to cast the question of crocks and slops to the wind. Pitcairn. Ineffectual attempts to postpone the question b y the advocates of transportation were offered. It was not." It recapitulated the grievances of the colony wit h energy and clearness. defended transportation as necessary to trade. however. was also drawn up by Mr. A difference of opinion was apparent. on that account command the confidence of the people. Mr.of the territory a series of enquiries (March. and so enormous in their amount. and to secure at once the final li beration of the colony. and a n angry altercation ensued." This second petition. 1847). "Do you consider it desirable that transportation of convicts to this country should cea se altogether?" The character of the enquiry was described in a letter signed by the private secretary. A public meeting was held at Hobart Town. rather than with popula r assemblies. a storekeeper. of which the first was awf ully momentous. Mr. A preliminary meeting was c onvened at Hobart Town to discuss the subject of the circular. nor did persons holding magisterial distinctions. adopted by the colony (6th May. The editors of the London Morning Chronicle remarked "That they never read a public document more calculated to command both the convictions and sympathies of those whom it addresses.

or wherever they might be required.--let them reckon the farthing they may lose! Let your hearts dictate your answer to the circular. Volume I continued.[254] The tradesmen of that public spirited community f irst expressed their sentiments. "Parents of Van Diemen's Land. but they had become the founders of a state. Shew that you prize your rights. Th e petition asked for representative government. and that you love your children. that there were then four thousand prisoners more in the colony than were ever at one time in New South Wales.The History of Tasmania. Not the least importa nt of the series were held in Launceston. Opulent settlers who visited Europe found it convenient to conceal their home. Christians . the abolition of transportation." said the author of a pam phlet called Common Sense. and it recommended the removal of the men to the c olony of North Australia.. and the groans of desp air shall be heard no longer. That land which they tell yo u will become a desert when the clank of chains. to make a re port. of Clarendon. and draft a reply to the circular of the governor.[256] In a small community the public reputation is of personal importance. Let it be worthy Britons.000 free persons had quitted the country since 1841. will not become a desert. Dry a committee was constituted who were requested to collect evidence. Six magistrates of the north determined to advise with the colonists at large. and rejoice with joy and singi .[255] Many who were formerly advocates for transportation as it once e xisted. and some less prudent were repelled with unconquerable distrust.000 free immigrants at the expense of Great Britain. saw its dangers when they became anxious for the moral and social welfare of their sons. The persons who assembled at their call were undecided. "can you hesitate? Let the timid and sordid doubt. The good humoured logician acq uiesced in the voice of the assembly and abandoned the cause of transportation for ever. and the importation of 12. Esq. the noise of riot. and founded on its conclusions a reply to the circular. The meeting convene d of the northern colonists assembled on the 10th of May. but the warmth of his elocution and the frequent repetition of "because" in an Aberdeen accent. They we re formerly but flockmasters. its determined opponents deprecated public discussion. Meetings were held by different classes in seve ral districts of the colony. the friends of abolition desired delay. 'it will blossom abundantly. dissolved his party in laughter. They learned from the discussions of the ministers that what they had thought a service rendered to the crown was deemed disgracefu l and degrading. and on the motion of Mr. James Cox. In the most populous the feeling decidedly favored abolition. To this feeling the abolitionists appealed. A few transportationists induced a respectable shopkeeper to propose thirty-nine reasons for the continuance of transportation. the cries of torture. and that 12. and it was alleged that to neglect the offer of social freedom would be infamy unexampl ed. The committee appointed on the 3d of April having prepared a report. but to the majority deliberation seemed necessary. it was signed by the chairma n. and Parents.

In examining the moral bearings of transportation..D. J.' In connexion with this question we recognise the truth and importance of his Excellency's caution. Aug. To his Excellency's first question--'Do you consider it desirable that the t ransportation of convicts to this colony should cease altogether?' we reply that it is our opinion transportation 'to this country should cease altogether.] [Footnote 253: Dr. and turn away with contemp t. Innes.L.P. Hampton to the Commissioner of P. F.P. J.] [Footnote 254: The committee was constituted by the following gentlemen:--W m. Esq. R. that you may obey the dictates of your hearts. Boyd. A. P. L. James Jennin gs. Dry:-"The circular addressed by his Excellency to the magistrates of this territo ry. 1845. some extracts of which express the prevailing opinion.. Reed. has been made the subject of careful deliberation.P. Pugh.. Dry. Browne. W. J. and J.P. G.P.L. J. we have enquired-169 . L et it not be one that will cause the eyes of mankind to look upon you with abhorrence. however small. J. M. The Sovereign has invited you to express your desire.. Make not your name a scorn and a hissing! Perform your duty. Esq.. Consult your own understandin gs. H. AND SAVE YOUR ADOPTED COUNTRY!" FOOTNOTES: [Footnote 252: Mr. '45. J. Archer. H...' we have therefore directed our attention to this point as preliminary to a decision on others less vital. P. M. M.] [Footnote 255: This document.. R.D.' when your sons and daughters shall go forth. Thompson. J.. was read by Mr. W... Youl.C. J. the free among the free. August 29. that no 'material advantage' ought to 'balance against any amount of moral evil.

and am ount to nearly double the adult free population. color. Even were it true. On the contrary. therefore. Reason and experience justify the conclusion that the aggregation of prison ers whether in close bondage or in society. notwithstanding 521 persons were tried before the Supreme Court and Quarter Sess ions. and nation--still there appears no propriety in leaving the working classes generall y out of account. last year. and that though not universally. Are there any moral evils occasioned by the transportation of convicts t o the colony? 2. are the moral evils now connected with transportation inherent an d inseparable? 3. The effect of transportation is to for ce the free working classes from the island. they are generally persons of bad principles and vicious habits. and whatever evils they may be sup posed to create. that since the year 1840.--are the evils in connection with transportation inh erent and inseparable? Looking at the present condition of this island. that the greater pro portion of domestic servants as well as laborers are convicts. and to supply their place with prisoners. it is inevitable. and greater moral evils will accrue to th e colony from the stoppage of transportation? It appears that the convicts in this colony out-number the children. must confirm them in evil. which th e sudden cessation of a supply of labour may cause?' It is not perceived in what manner the want of labour can be productive of greater moral evils than now exist. dem onstrable that as far as they are the instruments of demoralization. encouraged fraud. that one fifth only of these are females. that the more wealthy classes are safe from contamination could a moral cordon b e drawn--even could they be held safe from the effects of unrestricted communication with men of the same language. and incre ase their means of comfort. are essential consequences of transportation. Can it be presumed that other. obstructed the administration of justice. An increase of wages must be so far beneficial to the employed. 'Whether greater evils may not arise from the shock to society. would seem to lead to the apprehension that greater immorality may result as the growing effect of want an d distress. and the incap able. that they are in constant contact with every clas s of colonial society. It appears. The numerical preponderance of prisoners has lowered the general tone of so ciety. It is not supposed that a deficiency of labour will increase the immorality of the upper classes.228 prisoners have been transporte d to Van Diemen's Land and its dependencies. transportation. Their condition affords no prospect of extensive reformation. by raising the proportion of the aged. Volume I 1. it may be justly concluded that they are. and no connexion can be discovered between cessation and an increase of evil in any form whatever .The History of Tasmania. 25. If so. the feeble. Many were . and so far multiplied crime as to disc ourage its prosecution. from their numerical prepon derance. The second enquiry is. 3.

they used to say they came from India. "You did not tell me. that you came from Van Diemen's Land. And. although he did co me from Van Diemen's Land. instead of saying they came from h ere. they are entitled to be guarded against any measures whic h may destroy their social position and domestic security." On another occasion a friend of his had to assure the landlord that he was a perfectly honest man. had gone home.] 170 . M.induced to settle in this country by representations for which the government is morally responsible. As subjects of the Queen. and a most intimate friend of his own. and he need not be afraid of him. and said. and he would vouch for the truth of them. excepting only such as are the effects of transportation.. do not let it be known. He had not been l ong in the family before he came and said the place did not suit him. A short time after he had been in England he engaged a butler. He had not been there long before the landlord learnt that he had come fr om this place: he came to him with a face full of concern.--Speech of Robert Officer. and he left at once. When he arrived at home he took his family to an hotel. An old and respected colonist. and had lately r eturned. no causes have been di scovered for inferring its decline. He had told him some stories. at Hobart Town Meeting. D." The reply to the first query." elicited applause that lasted some minutes.] [Footnote 256: In our native land we are looked upon with feelings of horro r. it would be difficult to justify the sacrifice o f their welfare for the sake of a class--numerically much smaller--however rich. "that transportation ought to cease at once a nd for ever. sir. and. The servants whom he had taken from this place soon found out the feeling that existed. or I shall be ruined. in looking at the circumstances of this colony.

A despatch (February 5. of men with conditional p ardons. J. and to assist the emigration to every British colony. He condemned the p ractice of sending many exiles to one place as likely to create a feeling of caste. With these views Earl Grey concurred (February 5. and they confined their attention to secular questions. He stated that they agr . Jackson to support the cause of total abolition. 1847). t hey did not however pretend to public authority. Jackson to represent th em. and while he noticed its harmony with the wishes of a larg e proportion of the free inhabitants. with a salary of £500. This despatch Sir William Denison laid on the table of the council. The New South Wales legislature engaged the Honourable F. He said a retainer for a colony was inc onsistent with the standing obligations of a member of parliament. There was nothing to prevent the arrival of exiles. The old American colonies appointed agents: sometimes acting f or only one branch of the legislature where there were two chambers. To this Lord Stanley demurred. and in this crisis of their fate to confide in the goodness of God (Jul y. to representation and abolition. and that a committee to direct him would usurp the functions of the executive (1845). M'Lachlan's efforts was apparent to all.. The views of the government were expounded in official letters and speeches in the British legislature. Volume I SECTION III. indeed. But h e was returning to Van Diemen's Land. was finally terminated. he exhorted them to beware of undue exultation or despondency whate ver the issue of the measure. The benefit derived from Mr. A. M. Stated with brevity they expressed a purpose to punish crime in England. Their proceedings were adopted by the colony. informed the people that transportatio n to Van Diemen's Land. There were several other organisations composed chiefly of tradesmen. They were often members of parliament . however. 1847. 1847). all classes agreed. The subscribers were called together at this crisis. at a meeting called by the sheriff of Hobart Town. when the state of the colony could admit of their dispersion amidst a free people. The London Agency Association expressed th e opinions of the country gentlemen. and in time produce the evils of penal colonisation. The British Government seemed to anticipate the wishes of the colonists. Edmund Burke filled this office for the assembly of New York. By a vote. almost unanimous." and appointed Mr. In reference. Scott. printed in the blue book. The people of Van Diemen's Land formed "The London Agency Association. they adopted a letter of instructio ns which directed Mr.) from Earl Grey. He recommended that the governor should be instantly informed of its termination.--a condition explicitly required by the primary object of cessation. as a part of the colonial empire. except. to watch over their concerns. individually rather than collectively. Sir George Grey asserted that the idea of resuming transportation to Van Diemen's Land was illus ory.The History of Tasmania.P.

and thus additions were daily made to the overwhelming convict population. and their depravity assumed the aspect of mania. The chief reliance of Earl Grey was on the demand for convict la bor in the colonies. The whole colony was roused by these proj ects. hastened to recall his recommendation. Denison. The vices of the Norfolk Island prisoners had appalled the empire. When the intentions of the home government were declar ed. and be very embarrassing to government (August 28. But it was followed by a measure adverse to its whole spirit and the facts on which it had been founded ( September. He expressed a hope that exiles might be so distributed that the chance of recognition should be slight. Meetings and 171 . Sir W. especially taking care to promote the emigration of a considerable number of persons untainted with crime. The governor was directed to remove the convicts at Norfolk Island to Van Diemen's L and. and to receive those remaining in New South Wales not entitled to release.eed with his established opinion. The publication of Earl Grey's policy occasioned general gladness and grati tude. To the same effect was his exposition of the future policy in the House of Lords. Lord Brougham made merry at thi s notion of banishment as a game at which two could play. and he thought that well trained convicts might be dispersed in the col onies. Drafts of transports were constantly arriving from every British dependency. The residuary con victs of New South Wales indicated their character by their long detention. 1847). and depicted the consternation of Calais at an arr ival of reformed Pentonvillians. which he far too highly estimated. 1847). who had given opposite advice. Some were imprisoned in caver ns dug in the rocks. He stated that to resume transportation in any shape would be looked upon as a breach of faith.

They cheerfully end ured exposure on the public works. 1846). 1847). except th ose whose health may require different treatment. or whose sentences have been commuted for imprisonment. to deter their fellow countrymen from crime. tha . The result was unimportant. It consented. but e specially by the offer of Sir William Denison to receive 4. Mr. But should the legislature insist. After an earnest but limited opposition the proposal was accepted by the legislative council. then in Launceston. suspended the progress of the scheme. although before him. addressed a confidential de spatch to Sir C. A deputation to the governor. emigrants in equal numbers would follow them. To give effect to the report. which Earl Grey.000 convicts annually. Fitz Roy (April. This offer had been cancelled in another despatch. and the vast territory of New South Wales opened to the dispersion of 5. and that the demand for labour in the other British colonies to the full extent of the supply rendered the outlay unnecessary. but of this. was attended by a long and excited procession. and overcame all their adver sities by patience and prayer. This proposal was submitted t o a committee of the council. that two free persons should be sent at the expense of England for every prisone r. Mr. and all speedily abandone d. for from N orfolk Island the convicts were silently transmitted to Van Diemen's Land and distributed undistinguished. who represented them in the most favorable light. with regard to all convicts. A report was founded on the evidence of employers and forwarded to Earl Grey. when secretary for the colonies. the character of reformed prisoners. "laid at the foot of the throne. and it yielded to a regulated and compensating sc heme only as the alternative of indirect transportation. He concurred in their sentiments. and transportation terminate. It admitted that the real welfare of the colony might be best promot ed by the total stoppage of transportation to Australasia. some ships would be sent." Earl Grey refused to restore assignment or to send two free persons for one in bonds. and received the thanks of the colonists and the minister. Darvall and five hundred others presented a pet ition to the crown. he added.The History of Tasmania. and that assignment should be revived. of which the adjournment of the legislative council prevented the consideration. The adoption of this course was prompted by financial considerations. but he offered to send an equal number of each at the cost of the British treasury (September 3. and quoted a chaplain as his authority. 1848). It proposed to renew transportation to New South Wales with the assent of the colonial legislature. and left its publication to his discretion. To a variety of notions. Gladstone.000 prisoners pe r annum. Volume I memorials were multiplied. and thus to disperse them ov er the continent. He described with great apparent elation. Yet t o satisfy the petitioners for convicts. He alleged that the exchequer would not permit the execution of the emigration scheme. Earl G rey took no notice. But Earl Grey himself departed from his own proposals (September. conditionally. "Her Majesty's government accordingly propose in future. all absurd and impracticable.

Branch associations sprung up in every district: passes were issued to travellers to show they had not strayed from the Neptune. He promised that not one should land without new orders from the secretary of state. or while the vessel remained on their coast to supply the commissariat. 1848). but he expressed his entire sympathy with the ir opinions. Both Lord John Russell and Earl Grey promised to 172 . the Mauritius." said the chi efs. They refused to hold intercourse with the government. anchored in Simon's Bay: the inhabita nts besought Sir Harry Smith to send her back. and forwarded a despatch to that effect. and other colonies would afford an ample outlet for the pr isoners. amounting to a censure on the minister. and pointed out the injustice of this course.. and Swan River. and his belief that South Africa. 1848). New Zealand. and said that it arose from unavoidable circumstances. "Send us gentlemen. by Mr. they should be r emoved as holders of tickets-of-leave to Van Diemen's Land" (April 27. In New Zealand the people of both colors deprecated the plan. Adderley. unwilling to depend on the justice of Earl Grey. Circulars were accordingly sent to the Cape of Good Hope. South Austr alia refused. H e began with the Cape of Good Hope: he thought that the military outlay for its defence entitled the crown to invade it with convicts.t. Mr. Every public body. The cause of the Cape was espoused by the British press. "but send us no convicts. accepted the offer. formed a confederac y." Before replies could arrive. The Swan River colonists. His lordship lamented the revival of transportation to Van Diemen's Land . civil and religious. Port Phillip. New South Wales. after having gone through the two first stages of punishment already adverted to. sanctioned the resistance. A motio n was made in the Commons. with ticket-holders from Ireland. He declared his adherence to the plan of dispersion. This he refused. Earl Grey resolved to attempt its execution. or to deal with any who violated this compact. Jackson obtained an interview with Earl Grey (Oct. The people. a few hundreds in all. The Neptune.

and arrived a few weeks before the Neptune. 1849). The vacillation of his lordship in reference to the emigrant clause. A pamphlet. if necessary at the colonial cost. No single cause will fully account for the intense and universal opposition to the plans of Earl Grey. Sir C harles was alarmed and increased his guards. but fell to the ground. and by whom it was abhorr ed. Charles Cowper carried resolutions rejecting transportation in any form whatever through the legislative council without opposition. The despatch of Earl Grey repudiating his own stipulation excited the rage of New South Wales. and by a deputation to Sir C harles Fitz Roy. A large package of this pamphlet was forwarded by the Launceston Associat ion to the Cape of Good Hope. demanded that the prisoners should be sent away.The History of Tasmania. This done. authenticated the evidence against it. Fairbairn. and recorded the various demonstrations against convictism (June. The committee appointed by the Lords (1847). by the witnesses they examined. then on a visit to their district. but the supposed connection between the criminals and insurgents of Fra nce alarmed the aristocracy. produced feelin gs of exasperation and distrust. It minutely examined the penal policy of the crown. public thanksgivings. for c onspiracy to compel an unlawful act. Mr. 1850). . They applied to Sir Charles Fitz Roy. especially a woman. The inhabitants gave money to be distributed to the prisoners at their destination ( February. On the arrival of the Hashemy. A settler who supplied the government wa s honored with knighthood: an example was offered to the empire of passive but victorious resistance. a convict vessel. they joined in illuminations. and the vessel was sent t o another part of the territory. Latrobe. and congratulatory addresses to t he governor. and the bishop pronounced the solemn warning that those who cast a p risoner. to prev ent their invasion. was begun. into a community where criminal principles prevail. and represented their const ituents as a factious and feeble minority. The fate of Van Diemen's Land did not command peculiar interest amidst the wreck of thron es and the overthrow of empires. the inhabitants of Sydney to the number of some thousands assembled (June 11. and the Neptune was ordered to sail for Van Diemen's Land (November 3. recording the proceedings of the Tasmanian colonists. Volume I remove the grievance. he refused admittance to the deputation. 1847). They were sustained by the forcible remonstrance of Mr. but the sad experience of Van Diemen's Land was accepted as a warning by other p ortions of the empire. The Randolph on a similar errand entered Port Phillip. 1849). Thus foreign fuel was added to the local fire--the testimony of men who had practically known the system. A prosecution of Mr. but he was foiled. pronounce a sentence for both worlds. The Bishop of Tasmania bore testim ony to its colonial mischief. was everywhere s cattered. and disposed them to cling to transportation. the people reso lved to oppose the landing. Lord Brougham endeavored to draw admissions favorable to his views with professi onal acuteness. but rejoiced at their success. who reproved their zeal.

there to str uggle with their predecessors for bread. but they knew that these projects were illusive. but more still were they amazed to learn that Earl Grey seriously professed that by sending all the convicts to Van Diemen's Land he substantially realised dispersion. Such was the prospect of 1848. by hundreds. to thousands and tens of thousands already in the colony.The Tasmanian colonists were soon instructed by the press that the theory o f dispersion was exploded. 173 . They had before them the addition of con vict ticket holders. He indeed promised to provide an equal amount of emigration. They were astonished to find fresh convict vessels hovering on their shores.

to endeavour that they should not be merely seats of malefactors and of convicts. but as guaranteed by the deliberate and solemn promis e of the minister. Could they really believe their own doctrine. promulgated by the representative of the crown." said Lord John Russell. it will consider the benefit of the colonies as well as of the mother country. Volume I SECTION IV. or to the interest of the colonies to which they were sent. letters. and public meetings everywhere decisive. They reminded the government of Great Britain that the colony was now entitled t o abolition. 624 parents and guardians. they could scarcely deepen the unavoidable convictions of the world. when their practice was exactly opposite to its plainest dic tates? The revolution in the policy of the crown everywhere excited astonishment a nd indignation.--accepted not less as a signal interference of providence than as a p roof of the equity of the British government. They slightly censured Sir William Denison who had called for four t housand convicts annually. "I hope. representin g 3. I own I think it has been too much the custom both to pass acts imposin g the penalty of transportation with a view rather to the convenience of this country than to the reformation of persons known to be of vicious habits. the colonists could do nothing but deprecate. Such were the sentiments of the prime minister on pen al colonisation. of the scum of the land" (June. a nd despatches produced in this controversy. against the petitions of 5. and not to make plantations. a s Lord Bacon says. had professed himself a disciple o f Archbishop Whately--continued to pour convicts by thousands where for every free man there were two in bond. To give them in full would be but to r epeat statements of similar import. and most opulent settlers. who denounced penal colonisation as a national crime--who had pleaded the cause of the colony and pledged the redress of its grievances--who. but communities fitted to set an example of virtue and happiness. We are bound when we are planting provinces. in short. not only as a measure politic in itself. perhaps what ma y in future time be empires. Destitute of legislative and physical power. We a re bound to consider those interests likewise. "that when the house does come seriously to consider any bill having the question of transportation directly in view.355 souls. However variously expressed. Every principal town and public body renewed their entreaties. The minister. Colonists well qualified to maintain the popular cause devoted to t . 1847). A massive volume would be insufficient to contain the petitions. the oldest magistrates. against the memorials of the clergy of every sect. and they entreated deliverance from an experiment more hope less than its predecessors.320 colonists. In their numerous petitions the colonists referred to the public joy which had greeted an offer of abolition.The History of Tasmania. The secretary of the home department and the secretary for the colonies had been equally expli cit.

A new society. and a comfortable subsistence was indispensable to attract them. could not hesitate a moment. Habit had reconciled the minds of many to its inferiority. But to clear away 174 . and the means of supplying its place were confessedly contin gent and remote. were overpowered by a desire to stand on a level with free peoples. The disputants on both sides were in possession of facts favorable to their respective opinions. W hatever evils were proved against transportation. the labor it afforded had been long employed. and formed of el ements in natural proportion. no moral stain to obliterate. The opulent settlers had abandoned these considerations under the influence of higher aims.his question the best years of life. addressed to momentary interests. He stood almost alone. Economical experience would dictate the rejection o f slaves. although opposed to one form of transportation. They were res olved to trust to the experience of other colonies where--with a demand for labor--a rapid enlargement of capital and diminished crime seemed to prove that the moral and material interests of the wealthy and i ndustrial classes were not incompatible. Sir William Denison. having no disabilities to remove. The tendency of high wages to demoralise the workman and retard the prosperity of employers. are prom inent topics in all his discourses and writings. maint ained its substance with a pertinacity which never wavered. and that the depression of the working classes was a primary object of his polic y. He adopted the opinion t hat the supply of labor to the colonies of this hemisphere was within the special province of his governmen t. The arguments of the governor. The social recovery of the colony could only be effected by the in flux of families. Thus the masses of the people inferred that his schemes were hostile to their welfare.

And then. and its pure salubrious atmosphere giving length of days. granted by the parliament. In '48. it was clear that fr ee emigration was essential to his plan when he proposed to resume it in '48. In '45.000. Insuperable difficulties opposed their collection. Gladst one projected the North Australian colony for ticket-holders. it will need no other attractions than nature has conferred--no other commerce than the commerce of fr ." The expression of colonial feeling was accepted by most respectable dissenti ents as decisive. They were willing to combat their difficulties alone. and their country free. and to build anew. and all convicts were to be sent to Van Diemen's Land. In '46. In the preceding ten years they had never known an hour's repose. that we are not expecting solicitation or waiti ng for bribes. our resoluti on is taken. we cast ourselves on the goodness of Almighty God. The settlers least averse to transportation were disgusted with the ever-changing views of th e ministers. a penal sentence would have ended in a civil process . In '47. and dare all hazards. however certain of reward. The successful thief could purchase his freedom. that our children may be virtuous. Th e criminal being confounded with the debtor. where even the sudden stoppage of transportation had been fol lowed by rapid recovery. b ut it was found that the families of convicts were to be the chief participants. This extravagance of upstart theory and fitful experi ment without end. all tended to check colonial enterprise and destroy the public tranquillity. Many landholders and masters foresaw the trials attending the transition .--the cost of their exile--to be exacted from ticket-holders as the price of freedom." said one of t heir manifestos. the parliamentary commi ttee condemned assignment. "to go forth to England. Captain Maconochie's m ark system was in the ascendant. he announced total abolition.--relying on the sympathy of mankind. Mr. clothed with abundance and filled with life. and to England's Queen. In '42. Lord Stanley's probation scheme sprang up. Nor was it even desirable while the laboring classes were in poverty. Volume I the refuse of a long-existing social state. The sickly and unskilful would have stood at a greater distance from liberation than the clever and robust. Thus resumption cut off all hope of free emigration. was a formidable undertaking. but were willing to encounter them to attain an object beyond all price." said they. In '38.The History of Tasmania. "Such. but knowing what we do. and prizing as man must ever prize the sources of gain. and leave behind his more honest shipmates. In '40. Lord John Russell stopped transportation. another complete revolution took plac e. Earl Grey propounded the Tasmanian convict village scheme. In whatever sense Earl Grey announced abolition in '47. Earl Grey proposed to add to the free population by the expenditure of £10. "We wish it. The funds he assigned for this pu rpose were sums. The settlers h ad the example of New South Wales before them. with its f ertile valleys. In '41. "will a t no distant period be the condition of this country should the government prove just. But thes e funds were wholly prospective. Nor was the prin ciple just.

The increasing numbers of ticket-holders confirmed these objections. They declined to countenance the revival of transportation. prepared a series of resolutions against the new form of convictism. to weaken the moral claim held in the pledge of Earl Grey. The control exercised over the holders was limited to the most ineffectual and distant surveillance. and forwarded in 175 . where wages were high and labor scarce. By most persons it was thought reasonab le. that the theory of dispersion should be tried. A large number of non-official magistrates--117 out of 140--signed the condemnatory clause only. accompanied by well-selected emigrants. and they passed unanimously (Oc tober. a strenuous abolitionist. the market of Van Diemen's Land might again share in absorbing them. The governor promised to support them in the nominee council. The second recommended the dispersion of con victs throughout the colonies. by discussing theories of secondary punishment. 1848).eedom--no patronage save the enterprise of its children. Sir William Denison now recommended to the secretary o f state to send all convicts to New South Wales. or. Sharland. as in the highest degree injurious to the convicts and the colony. The commentary of the governor explained these resolutions as a compromise between persons of adverse views. and to accept our grateful loyalty in return for the uplifting of a burden too heavy to bear. Mr. on national grounds. and were subject to the same laws for the regulation of service. From the crown we ask nothing except to spare us from further wrong. but without much practical restraint. until the colonies b eing equal. They we re landed." The governor himself was adverse to the ticket system. wherever it might inflict no peculiar cast e or moral stain. and without advantage to Great Britain. The first totally objected to the ticket system. To this plan the colony w ould have been disposed to assent at this stage of the struggle. They were free in reference to the colonists. Restrictions were imposed on the ir locomotion.

when the numbers distributed in America were so small that they were lost in the mass of the population (March. and by imputations of having broken faith with its inhabitants." said the London Agency Association. They could. He thought the policy of England less wise than in former times. but only by a process which exposed them to censure and punishment. and referred to an opinion but a few d ays before avowed by Lord John Russell. and claim food of the government. and. and predicted a fearful recoil. they were often unable to procure employment. The pledge was confirmed by the long acquiescence of Earl Grey and the other ministers of the c rown. Lord Mahon. indeed. that the time was at hand when a substitute would be necessary for transportation. a member of the late ministry. "Unfortunate men. asking for a night's shelter or a morsel of bread.--a severe and well merited retribution. He was reminded that his opinions in 1846 were at variance with continued transportatio n. had given a pledge that transportation to New South Wales should be stopped. he obse rved. when travelling over districts equal to an English county. in a form more qualified. they were insolent and threatening. but they were sustained by numerous certificates."[257] These statements were disputed by the gove rnor. th row up their tickets. . and on the unaltered circumstances which he quoted to justify his original desig n of abolition. '49). The same promise was made t o Van Diemen's Land. Lord John Russell. '49). were disorderly and reckl ess. they rested their claims on the w ord and honor of the minister. and when they were not readily relieved. who pleaded the utm ost want."[258] During the same session Mr. "unacquainted with useful labor. Amongst men of this class many. wande r from farm to farm. complained that Earl Grey had fettered not only him self but his successors. Their decent apparel and quiet demeanour made them less objects of aversion than pity. Earl Grey demanded proof. and." and he expressed an opinion "that i t was most impolitic and perilous thus to make pledges to the colonists that were not fulfilled. Unacquainted with colonial labor. Volume I considerable bodies to seek employment in the interior. "most imprudently given by Earl Grey. and urged the minister to extend as widely as possible the area of penal dispersion. The relief of these men by th e settlers is prompted alike by their humanity and their fears. that transportation should not be resumed to Van Diemen's Land. Lords Wodehouse and Ilchester followed. when Lord Lyttleton held up his despatch. of course. In a lonely locality females could hardly refuse relief to applicants in parties. Earl Grey was still pressed by the reiterated appeals of Van Diemen's Land. Gladstone repeatedly referred to the purport of this abolition despatch. depended on the charity of the settle rs. He confirmed the colonial interpretation of the pledge. by several police magis trates. These appeals were laid before parliament. The complaints of eminent commoners were rene wed in the lords. Had these pledges been kept? Such vacillation was discreditable to the name of t his great country (June.The History of Tasmania.

it was rather by what other parties represented to be the views and intentions of the g overnment." he said. 1850). that transportation was to be entirely discontinued. the imperial policy was to be altered on their dema nd (April 12. and thus to raise expectation. than by anything which was said by members of the administration. What security had the noble lord that the colony would not resist the reception of convicts?" Lord Monteagle asked if it was possible to send them to Van Diemen's Land? To this Earl Grey replied that the colony was thriving." When his 176 . (Lord Stanley) as to the effect of the earlier measures of the pr esent administration in producing the difficulty which is now complained of. were to be remo ved to the Australian colonies. if that impression and these ex pectations were created. "the remarks of the noble lord at the table (Lord Lyttleton) and the noble lord opposite. It is asserted that the language used both in despatches and in discussions in parliament by members of her Majesty's government was calculated to create an impression on the minds of the colonists. "Expectations.Lord Stanley reflected on the secretary of state for abandoning the remedial pla ns of his predecessor. My lords. after having undergone the most severe part of their punishment. that transport ation would cease. "I must notice." said Earl Grey. "had been held out to Van Diemen's Land. that the opposition to transport ation had declined. that is. and not to perceive that the view entertained from first to last was. Undoubtedly it was the original intention of her Majesty's government that convicts should be removed as exiles. which it is painful now to disappoint. and the free inhabitants co uld not expect that when they chose to call for cessation. I defy any person to read throu gh the despatches upon this subject as a whole (for perhaps detached passages taken without the contents mig ht be quoted which would convey a different meaning). and a very large portion of them to Van Diemen's Land. und er regulations by which on their arrival they would have been entirely free except as to the power of retur ning to this country. that convicts. but that now it appeared that it was not to cease. Millions had been expended in preparing the country for convicts.

a Launceston mechanic. Passing over all he had ever said in favor of dispersion. and had no right to refuse to re ceive any number of prisoners the government choose to send. It was not easy to distinguish the different orders of con victs and periods of arrival. Young. who employed convicts. and renewed their protests and petitions. and the press took up the reproach. and that he (Earl Grey) was of opinion that the a uthority of the crown should be firmly asserted. to discountenance the employment of convicts. The painful exhibition of minis terial contempt stung more than it injured the people of Tasmania. A solemn protest.The History of Tasmania. and had given no distinct denial of the pledge. The parents--the women of Van Diemen's Land--the clergy. "but Van Diemen's Land had been originally intended as a penal settlement. when that nobleman defended the policy of transportation and denied the right of the colonists of T asmania to complain. by Mr. the passengers were pardoned (1850). They were." Thus the hope of voluntary relief from Earl Grey was totally extinguished. singly--all sects together and in their separa . rejected by the Cape. in terms of irony. The people of Van Diemen's Land. and it was generally kept. however. addressed to the people of Great Britain. arrived in the Derwent. who was detained in bondage. taunted employers wit h inconsistency when they shrank from the unequal sacrifice. he replied that Va n Diemen's Land had no right to complain--colonies which had been founded as free colonies might do so. To stimulate and sustain hope through so long a struggle was the great task of the leaders of this moveme nt. on receiving this speech. started a year before. They extended the leagues. Volume I lordship was again taunted with the violation of his promise. delivered four year s before. M itchell. H e had before acknowledged that the claims of the colony were unsatisfied. but his tone under these rebukes was authoritative and menacing. For three years the colonists had repeated th eir petitions." By many hundreds the pledge was signed notwithstanding. he adopted the sentiments. and they declared that nothing but want of power prevented them from chasing the vessel from their waters. These compacts contained various conditions. and we ekly reiterated the charge of "paltry trimming between principle and expediency. almost the words of Lord Stanley. Many tradesmen exhibited an example of self-denial and voluntary sacrifice to gain a public object worthy of praise. but they all proceeded on the presumption that petitions must be followed by action. met in unusual nu mbers. Scarcely any form of remonstrance remained to be tried. The working-classes. except Mr.[259] When the Neptune. was signed by the chief merchants and landholders.[260] From this time the colonists contin ued to protest specially against the violation of public faith whenever a convict vessel anchored on thei r shores. The governor himself described the opponents of transportation. to whom the confederation was beneficial. The collecting of signatures in a scattered population was attended with much difficulty and expen se. difficult to observe.

"is our truly melancholy condition: but the time has arrived to rescue our people. but it derived fresh importance from its complication with the fate of other col onies and the honor of Great Britain. Stimulated by newspaper writers." said th ey. not in the circumstances to be justified. Such a topic could hardly be expected to fix the atte ntion of the people of England. 1850). and to assert the majesty of their numbers against their emigrant oppressors. certain educated emancipists of the metropolis proposed to form a "protection association" (October. who. The respectable expirees stood aloof. and many offensive metaphors or epithets dropped in the warmth of speak ing. The caution and discrimination of the leaders of the movement could not always restr ain the oratory of their friends." "We know t he silent grandeur of our strength. and even detested an organisation founded on the reminiscences of crime. Mr. A few noisy meetings and inflammatory speeches were sufficient to open the eyes of most to the gulf of caste into which their own protectors intended to fling them. But." They proposed to put down the abolition press. In their manifesto they collected all the epithets calculated to wound the feelings of "their people. to send emancipists to the Council. and drew out columns of "grievances"--in the mock sentimental style of pseudo martyrdom.te churches. were disposed to murmur at arguments which seemed t o glance at themselves. unless intelligent and just. kept up by petitions a constant fire. and in others with laughter. From this moment the Union 177 . The discussion of transportation for several years annoyed and distressed r espectable expirees. and by the government press. The deputa tions to the country districts were met in some instances coldly. Gregson went to the assembly at Richmond." for so they called them. the sch eme was too monstrous for success. and crushed their project by a calm exposition of its character. though encourag ed by some old transportationists amongst the magistrates. "Such.

and destined to drag it down to perdition. The sense of impotence is not the least painful element of unjust suffering. and soon disappeared. and proposed to remit the objects of their charity to the reform societies. better informed. they we re not proper in a country where the support of the law was necessary to restrain the convict population. Volume I languished. March 8. The continental press pointed to it s prostration with epithets of reproach. The sympathy of i ts neighbors was overpowered by the stronger feeling of self-preservation. This weakness was the topic of exulting scorn with the few enemies of the popular cause. The prospectus. however.] [Footnote 258: Debate. The legislature of New South Wales passed a vagrant act. and it was described as the dust-hole of the empire. signed by Drs. but the ministers. a passage to England.The History of Tasmania. November. felt by the colonists that no expression of the public will would recall the minister to a sense of justice. The great argument of the advocates for transportation in New South Wales was. however. parishes. 1848. leaving a memorable warning against penal colo nization and the creation of a caste embittered by ignorance and revenge. and completely subject to a despotic will. founded on the impossibility of checking indirect transportation through Van Die men's Land. and nothing prevented its partial execution but the difficulty of preserving. turned back the British arguments for transportation with effe ct. The measure s adopted by the Cape were impracticable in Van Diemen's Land: if. and municipalities o f England. S uch a course was predicted and recommended by the English press. and counteract the royal prerogative. (Hansard. or command the effectual protection of parliament. which required such persons to register their names at the nearest police-office. felt n o danger of active or passive resistance. It had been held up as a warning to stimulate resistance to any participation in its fate. 1849. with the ordinary arrangements of a vessel. within a given time after their arrival. indeed. It was. Whatever compassion might be felt for Van Diemen's Land in the adjacent colo nies. at the recommendation of Sir William Denison. FOOTNOTES: [Footnote 257: London Agency Letter.)] [Footnote 259: Among the many devices to awaken attention to ministerial inj ustice was an association to obtain for liberated convicts. consistent with loyalty. crossed over to Port Phillip. It seemed like a millstone strung to the neck of the Australian world. but calculated to retard disp ersion. the subordination of such a ship's c . and were often traced by their depredati ons. Browne and Gaunt. The people were withou t allies or protectors. of the incorrigible class. Men landed in Tasmania. This proposal was seriously discussed at Port Phillip. Under this impressi on they sought to impose restrictions on the migration of expirees and the holders of conditional pardons . hitherto its treatment by the minister had produced no demonstration in its favor. as not only in itself oppressive. Earl Grey disallowed this ordinance.

the parents of 20. "Our reiterated petitions presented to her Majesty's government have impress ed the feelings of every class upon the subject of transportation.. a ddressed to the British nation. and ha ve appealed only to the provisions of the constitutional law of England--but in vain. 1850.] [Footnote 260: "The solemn Declaration of the undersigned Colonists of Van Diemen's Land. but rejected by its inhabitants. the magistrates almost unanimously. anchored in the port of Hobart Town.ompany. "We cannot resist the oppression of the British government. and exhausted every argument which could enf orce its abolition. Earl Grey. and that the principles whi ch have induced them to relieve armed or rebellious colonies. the ship Neptune. the vessel freighted with convicts to the Cape of Good Hope. "We have patiently awaited redress. We are convinced that appeals to the justice and humanity of the ministry are utterly unavailing. nothing that the constitution authorises r emains to be done to make known the most unhappy and oppressed condition of this country.000 children.. "On the 5th day of April. 178 . lead to the oppression or contemptuous dis regard of those who are too feeble for effectual resistance. unde r the orders of the right honorable the secretary of state. imposed by a council of crown nominees. "The ministers of religion. have in every form expostulated and implored. we have borne illegal taxes.. and maintained by the amoval of one judge and the appointment of another.

The History of Tasmania."] 179 . "Van Diemen's Land. 1850. and discharging her passengers u pon our shores. to fill up the measure of our wrong. Volume I "And now. As citizens and parents we hereby solemnly protest against the cruelty and falsehood of the English government--against the wrongs which threaten and oppress ourselves and our children. April. "In such circumstances silence would be criminal. ministers have publicly annou nced their contempt for our petitions. by ordering the Neptune to our port.

We remind you that. 70. West. A letter.000 or 80. in twenty years from the present moment. senior-chaplain of Launceston. If you look at the chart of Van Diemen's Land you will per ceive her geographical position establishes a relation to the adjacent colonies which no laws can disow n and no time dissolve. founded on this resolution. Speakers at their meetings referred to the condition and hopeless prostration of Van Diemen's Land as a general grievance. united to us by the strictest ties. After tracing the cour se of the British government. "The Australias are one " became th e watch-word of the abolitionists. the following resolution was adopted:--"That the whole of the Aust ralasian Colonies are deeply interested in preventing the continuance of Transportation to this Island . New South Wales. in exclusively convict society. Speakers of Legislative bodies. was drawn up by Messrs. and thence to the islands that crowd the Pacific Ocean. Municipal authorities. for several years.The History of Tasmania. They will consist of m en not only originally depraved: all will have gone through the demoralizing probation of public gangs: they will all have dwelt. depend the happiness and prosperity of all. are liable to the same wrongs. should transportation continue. but the accumulation of moral wretch . 1850. intelligence. It was signed by the chairman. and secure the co-operation of the colonies of the continent. and virtue of each. Her majesty's ministers have taught the communities established in this portion of the empire that their ultimate interests are ONE: that upon the public spirit. This island will not be a filter. under the instructions of the "Launceston Association. and the annual number remain stationary. Browne. and who will not be indifferent s pectators of sufferings which they may ultimately share. That the Launceston Association for Promoting the cessation of Transportation to Van Diemen's Land b e hereby requested to address a letter to the respective Colonial Secretaries. earnestly requesting the co-ope ration to ensure their attainment of the great object we have in view. Du Croz. on the 9th of August. and South Australia. But the day of deliverance was at hand. Rev. A few hours convey vessels from our shores to the ports of Victoria. where every prevailing sympathy m ust be tainted with the habits of crime. From this idea sprang the "Australasian League"--an o rganization comprehending a numerical and moral force without parallel in the present colonial empire. it proceeded:--"As a last resource we turn to our fellow-colonists w ho." the first formed in the colonies. in no small measu re. and a few days' sail to New Zealand. Volume I SECTION V. At La unceston. and D ouglas (dated August 26). and they adopted decisive means to propagate the cry. Dr." The feeling expressed in this resolution was instantly reciprocated in all the colonies. and other influential parties in those Colonies.000 convicted pe rsons will have passed through Van Diemen's Land into the neighbouring colonies.

The nice geographical distinctions which colonists make are lost in the distance. whom they too often 180 . The sacrifice of this colony will not. the crime. and pauperism ever consequent on transportation. As your vessels enter foreign ports. every where respectable until now. and stamp on every character the impression of its pecul iar constitution. your hospitals and prisons. and who are placed within reach of an interesting and rising people. the common confidence of foreign nations. then. how much stronger must be your oppo sition to a system which will bring into your streets. aggravated by transmission through a country in moral ruin. your houses. A more serious consideration is the posit ive injury inflicted upon the islanders of the Southern Ocean by scattering among them desperate men who have been perfected in all the arts of wickedness. They will receive the prisoners late r in life. Were we to appeal to a principle of selfishness in addressing our countrymen.edness will unavoidably contaminate every mind. That a petty state. but of yesterday. exempt the neighbouring settlement s from any portion of the mischief incident to direct transportation. If. Evil associations and evil men become worse and worse: such is the di ctate of reason. h as ceased to insure to many. and not without humiliation. your colony had caus e to protest against the infliction of this evil in a limited degree. decrepitude. the line which divides your population from ours fails to distinguish them. we might remind you that the reputation of this entire hemisphere is compromised by the condition of Van Diem en's Land. who have never forfeited its sanction. and such is the solemn warning written in the oracles of God. therefore. that the British name. and attributing to the whole the character of convictism. but deteriorated in character. has initiated laws intended to stigmatise all the inhabitants of the southern world. We have heard with regret. ins anity.

and the people. The people of Port Phillip "tendered their deep sympathy and hea rty concurrence and co-operation. the formation of a great Aust ralian confederacy" (September 16). The great Sydney mee ting (September 16) "pledged themselves to co-operate with their brethren in Van Diemen's Land." The colonial office at first did not deny. A new election meantime occurred. Earl Grey made another effort to r ecover New South Wales. to your humani ty as a British fellow subject. the chief organ of the abolition cause. which has smitten us with desolation. 1850). Hawes to assure him the government earnestly desired to meet the wishes of the inhabitant s of Van Diemen's Land for the discontinuance of transportation (March. 1849). and to your discretion as a christian magistrate. We submit. language. remarked. Mr. therefore. by the unity of colonial interests--as well as by the obligations which bind all men to interced e with the strong and unjust on behalf of the feeble and oppressed--to exert your influence to the intent that t ransportation to Van Diemen's Land may for ever cease. had exacted no pledges from the members. Volume I shock by their vices and oppress by their crimes. Communities allied by blood. Fitz Roy to reopen the discussion (Nov. then a crown nominee. Jackson again remonstrated with the minister on behalf of the colony. He once more instructed Sir C. the arm of oppression. Earl G rey directed Mr. Mr. proposed (August. a series of resolutions confirming the previous decisio n. a nd a message for this purpose was sent to the legislature (June. The opinion of British l egislators of high pretensions having confirmed the colonial interpretation. may strike at your soci al well-being. cannot long suffer alone. and not until twelve months after Lord Grey maintained that his discretion was n ot limited by his promise. "the best way of dealing with this and all other evasions is that suggested by the people of Van Diemen's Land. The Sydney Herald. sir. and gave a new aspect to the agitation. Lamb. 17. The proposal to revive transportation in New South Wales was under discussi on when the speech of Earl Grey's reached the colonies. and commerce. and nothing . The resolution of t he 9th of August obtained an immediate response. 1850). what indeed was unquestionable." and an association then formed for preventing the revival of transportation opened a channel of communic ation. 1849). the case of this country. We conjure yo u. when it was understood counter propositio ns would be submitted. that such hopes had been given. The unity of the colonies became thenceforth the favori te topic. In t he mutation of human affairs." and appointed a provisional committee to take such measures as mi ght be deemed necessary to obtain complete redress. 19. and declaring that tranquillity could only be restored by revoking "the order in council. The people were called together to consult on their own affairs and naturally turned to the policy of government as exhibited in Tasmania. supposing the question irrevocably settled." The deba te on these resolutions was postponed until the 27th of September.The History of Tasmania.

Th e ladies imitated the mothers and daughters of Van Diemen's Land. A common interest in the liberation of Tasmania being thus avowed by the co ntinental colonies. Wentworth in supporting the amendment yet decl ared his aversion to transportation. and the whole 181 . Meetings were accordingly held at the dwelling house of Mr. Meanwhil e (1st October). The Port Phillip members who went up to Sydney on this err and alone. and his belief that nothing but a powerful confederation of the colonies would prevail against it. and petitioned. and to determine the questi on for ever. Five hundred persons memorialised the council in favor of transpo rtation. the council of New South Wales decided on the despatch of Earl Grey. The members on the popular side were encouraged by the countenance of the bishops and clergy of all persuasions. The a bolitionists had made efforts to secure unexampled demonstrations without. and satisfied the public judgment for ever. The judges gave the we ight of their experience on the same side. Thirty-six thousand protested against it. Mr. M'Arthur. although sup ported by the eloquence of Wentworth. and called into action all the agents of political agitation. so far as related to thems elves. gave an irresistible testimony on the side of social fre edom. and claiming to perform a duty as a citizen who had w atched transportation in all its stages and results. Hopkins of that city during severa l weeks. it became necessary to settle the principles of their confederation. who had first mooted the measure. and Mr. John West of Launceston. to receive selected exiles with three emigrants for each. The debates were more prolonged than any known before--Australian eloquence exhauste d the topic.[261] The governor was neutral: the official members of the house withdrew: b ut the attorney-general rose from the deserted benches. was deputed to consult with the colonists resident at Hobart Town. The Rev. to secure a majority of the side of abolition. was defeated. They held meetings daily.remained but to give to this important sentiment a practical direction. An amendment of Mr. were met by the citizens at the water side an d escorted in triumph. Lamb's motion carried without a division.

as originally propounded by Earl Grey. at least. It was c lear. Pitcairn.. in the following terms:--"We the undersigned. Clarke. our sons shall not be driven from their homes to seek employment in distant land s. P. At an adjourned meeting of that body.The History of Tasmania." said they. however. but expressed the most cordial interest in its issue. William Rout. that the resolution of the free colonies was irrevocable. the Rev. Jose ph Allport. and that the continuance of transportation would pour an incessant and destructive stream of crime into Van Diemen's Land. it shall not injure those who have never offended . Wit hout reference to theories no longer practicable. an agreement was drawn up by Mr. deeply impressed by the evils which have arisen from the transportation of the criminals of Great Britain to the Australian colonies. as their delegates. G. there to meet suspicion and contempt. The Associations of Hobart Town and Launceston se lected. the initiation of practical measures was remitted to the Association of Launceston. "We. The delegates explained their views. in its disposal. Henry Hopkins. 15. Smith. might have been beneficial to the empire and desirable for the convicts. Volume I question of transportation in its colonial aspect was largely discussed. at all events. G. T. Haller. J. Crookes. and all weapons but those of justice and truth. "assert that a community should deal with its ow n crime. Chapman. to be held at Victoria.'" On the departure of the delegates (Jan. Nor was it possible to make common cause with the adjacent communities but by supporting the object of their local resistance. Esq. was instructed to propose a conference of delegates from each of the colonies. 1851) they were attended by the Launceston Association and a large . They were going forth to change the policy of a mighty empire. Sharland presided. An impr ession seemed to prevail that the theory of dispersion. at least. W. P. so deal with it that. F. and to fix the time of meeting for January. "We are a loyal people. and but slightly injurious to the colonies. John West. Thomas D. the honest labourer shall not be brought into unfavorable competition with the hardened cri minal. 18 51. This proposal was instantly adopted by the abolitionists of Me lbourne: the mayor was requested to forward invitations. C." They disclaimed all intentions inconsistent with constitutional loyal ty. West and W. dec lare that transportation to any of the colonies ought for ever to cease. at which Mr. but it is not an unalterable principle.--so that." Having thus secured concurrence in the object to be sought. Henry Smith. and we do hereby pledge ourselves to use a ll lawful means to procure its abolition--Robert Pitcairn. Robert Officer. Mr. Walker. Weston. and have given abundant proof of o ur loyalty. and signed by the gentlemen present. on 10th October. who. for some years. The people of New South Wales and South Australia found it inconvenient to comply with this arrangement. There is an old proverb: 'The sweetest wine makes the sou rest vinegar. A public breakfast was given by their constituents at the port o f embarkation.--so that. the secretary. had been actively enga ged in the struggle against transportation.

Westgarth. for the extinction of transportation. We have seen the beginning o f the end. in the high and holy mission o n which you come. An address was read and presented to them by the mayor. pled ging non-intercourse with obstinate transportationists. and legislative. than by initiating measures which may assure the Australian wo rld that that illustrious name shall everywhere be the guarantee of justice and truth." "In a few weeks. and needless in the state of public feeling. " the Australasian League will be a great fact--an epoch in the history of Australia. Another article. and the whole scene was imposing.concourse of people. West and Sta well. the member for Melbourne." The delegates and the l ocal association met in the town council chamber. official." When the delegates landed at Victoria they were warmly welcomed. Stawell." "You. "We bid you. Rest assured that the colonists of Victoria will go with you heart and hand. and three for the Queen.[262] This covenant bound the subscribers to reject convict labour afterwards arri ving." said they. as scarcely within the range of moral force. The vessels in the harbour were decorated with their colour s. As the vessel moved from the wharf. and a "LEAGUE AND SOLEMN ENGAGEMENT" formed for the Australian world." said the delegates in reply. "God speed. "can confer no greater honor on the province that bears the name of Victoria. the band struck up the air which well expressed the feelin gs of the moment--"Rule Britannia: Britons never shall be slaves. and oth er gentlemen of the association." said a spectator. Mr. and they will not cease their efforts until the emancipation of the Australian colonies from the oppression of British crime shall be fully accomplished. After several pr otracted sittings the terms of confederation were settled. and to afford their utmost assistance to all who might suffer in the lawful promotion of the cause. and concerted the plans of future action. Three cheers were given for the Australasian Conference. was expunged on the motion of Messrs. To frame a co nfederation securing perfect 182 . Mr. to employ their powers electoral.

whether that be with them or with us. with reference to this momentous question . The local councils retaining co ntrol over the funds collected within their bounds were authorised to contribute for common purposes. constitutions ruined by vice and profligacy. elected the provincial councils. not only with reference to its enormous expense. The members. can never remedy the social disorders we complain of. and think. fellow colonists of Australia. and to ap point paid delegates to carry home their remonstrances to the English government and people. but to retain and manage them within herself. on the ar rays of our police that ever remind us of the noxious elements of our communities. to the British parliament. too. Reflect on the subject of the administrati on of justice. asylums and hospitals overflowing with degraded and wretched outcasts. Volume I independence of action in the separate colonies. was. must ever teem with the harrowing evidence of the depravity of our fellow-beings ." "In conclusion. Such was the cons titution of the League. who appointed their delegates. This. and invoked their instant and earnest aid. fai thful to the cause of truth. quitting a world which they had only dishonoured and abused. however. but which." In their address to the united kingdom they united remonstrance with warnin g: "We ask our fellow countrymen" said they. fully accomplished. and to the British public. admitted by subscript ion alone. "to look at the map of the world. which may hereafter suggest the union of the colonies under the sanction of the crown. And again turn to the scene that so frequently closes upon the career of the convict. but also as to the social effect of the cease less and weary labours of our criminal courts. of our dai ly press that might edify a virtuous public by accounts of incessant progress and well doing. that in the present state and prospects of the world. The accidents of law or force. and nominated gentlemen in London to direct operations in Great Britain. or on the relative power of the contending parties. fellow colonists. was a more difficult task. descending to the grave without respect and without sympa thy. not to eject her criminals into other societies al ready charged with their own. and the effective co-operation of all. Let us then represent to the British govern ment. to measure the distance . the prospect that lies before you. The delegates adopted addresses to the British and the Australian public. let us not argue with the home government either on the law of the case. Consider well the mor al and even the merely economical relations of the question. This body enacted the rules of united operation.The History of Tasmania. it is a great moral obligation on the part of our parent state. they appointed an executive board to carry them o ut. whichever way they mig ht prevail. closing with these solemn appeals: "Ponder deeply. To the colonies they depicte d the vast moment of this agitation. Consider the hel pless pauperism of improvidence. where prosperity should have banished almost the remembrance of crime. Reflect on the vast and gloomy gaols that must meet our eyes in a noble and fruitful land. These formed the general con ference.

. Esq. On the memorable 1st of February. and that which is now a grievance will grow into a quarrel. and by the mayor. and bordered with white on whi ch the date of the confederation was traced in letters of gold. A few short years . William Westgarth. to relieve the gaols of Great Britain--if their youth cannot visit any country unde r an Australian flag without being made to feel that they were born in a degraded section of the globe. and Montgomery Bell. we ar e at a loss to imagine what advantages conferred by the sovereignty of Great Britain can compensate for the stigma of its brand. M .--their fellowship of weal and woe. This done. to mark their geographical relations with gigantic empi res. not of threatening. and to estimate aright their future importance as elements of her wealth. alderman. the association convened a meeting of t he Victorians..between England and her Australian dependencies. A council of nine was afterwards elected by ballot. William Nicholson. adorned with the national colors.. b y their mutual interests. each to the other. composed of the mo st eminent citizens. as delegates for Melbourne. Esq. the mayor being president." Having arranged the plan of action.000 as a league fund in the Australian colonies . But these colonies are solemnly pledged.. being sign ed by the Tasmanian delegates. a banner of deep bl ue. an act of justice wil l become a monument of imperial clemency.[263] It was determined to raise £20. was unfurled and greeted with the l oud acclamations of the assembly. and glory.--their future destinies. to achieve the freedom of their common country. If the colonists are compelled to own that their interests may be ruined by an official despatch--that their name and fame may be dishonoured. 1851. the league was solemnly inaugurated. By instant concession.L. Warmed by the advice and 183 . Esq. spangled with the Southern cross. greatness.C." "We address the words of supplication.--and now by their League and Solemn Engagement.

added fifty to this sum as a special token of his sympathy with Tasmania. Sheep and cattle fell dead--farms and stock yards were destroyed in a few minutes. or thoug ht that the end of the world was come. A mournful visitation desolated the homes.--"May the flag which adorns it ever float above it in mild sovereignty: the noble .000 was subscribed in Victoria alone." they replied. Sometimes swifter than the fleetest horse. set an example of similar liberality." "We accept it. In less than a month nearly £7." the thermometer was 115 in the shade. were covered with blackened ruins. The ladies of Victoria graced the ceremony of presentation. A banner. the air was loaded with s moke and ashes. Dr. where he had found refuge from his dread pursu er. then the only representative body in the province. per ished. In many instances the blaze encircled the unfortunate before the da nger was perceived.The History of Tasmania. and destroyed the li ves of several of their fellow citizens. On the 6th of February. the ir benevolence was drawn into another channel. obscured by murky mists. bought by general subscription. The whole family of Mr. and carried them far over the ocean. The unin closed country was sweept by the resistless element. and occupied by small hold ers. columns of fire were seen every where in the distance. His wife and five children dropt one by one: he endeavoured to save his little boy. a settler near Melbourne. and e mbraced the league with enthusiasm. Volume I example of Mr. The Bar rabool Hills. the unhappy parent was h imself discovered a few hours after. but he was suffocated in his arms. it overtook t he traveller who could preserve his life only by facing round and dashing through its least impervious range. with gratitude. The delegates for Melbourne each subscribed one hundred guineas. the membe r for Port Phillip. and entertained them with splendid hospital ity. where falling on the decks of vessels fifty miles from land. Mr. But while the people were thus liberal in promoting the social freedom. the sun. and may it remain nailed to the mast until these colonies are emancipated from convictism. In giving this beautiful emblem of Australian re-union. Bell. and as the night closed in. The effects of this devastation were in some places appalling. "I pray you to receive it in the name of the people of Port Phillip. The fire suddenly seized his dwelling and intercepted his escape. A strong hot wind bore along ashes. by a shepherd. the passengers were terrified with vague apprehension. known as "black Thursday. the opulent supporters of the cause resolved to take the ch ief burden on themselves. near Geelong. The mayor and corporation of Melbourne. a district of romantic beauty celebrated for its vines. Thompson. presented the Tasmanian delegates with an address. in a creek. was committed to their charge as a present to the colonist s of Tasmania. formed their own council. A thousand persons met the delegates in that town. M Leland. The mayor of Geelong." said the mayor. Th e parched leaves of the forest kindled at the first glance of the flame. Thirty house s of business followed with one hundred guineas each. Moor. "Gentlemen. looked like a globe of blood.

the principal merchants. and then commit our cause to the righteous judgment of God." By this time the people of New South Wales became warmly interested in the league. No time was lost. May He watch over our proceedings. Mr. It recited the chief facts stated in that of Victoria. was read by Mr. Lang proposed another covenant drawn up by himself . prom ised a hearty struggle. Such are our hopes. and dissolve the colonial association. they landed in March. and several thousand pounds were added to the league fund. Dry was chairman. Joined by the delegates for Victoria. Dr. Mess rs. The delegates of Tasmania returned home.[264] Councils were chosen for nort h and south Tasmania. Thompson. but added: "And if it should be necessary in the str uggle upon which we are now 184 . and professional gentlemen. we shall discharge our duty as subjects. To obtain the active assistance of that great colony was to insure success. The imm ense wool store of Messrs. may He permit us to add anot her to those bloodless victories which teach the oppressed to confide in the armour of truth while they warn all men that against weapons of such heavenly temper the shields of the mighty are lifted in vain. Messrs. and predicted a certain victory. such as Britons make when their hearts are loyal and their wrongs are felt. Charles Cowper. invited to a public banquet in honor of their mission. where an address. in th e name of the New South Wales association. Speeches. were met by the city members.nation from which we sprung will applaud and assist us. the mayor. The delegates. members of the legislature. decorated for the occasion. The banner intrusted to their care was publicly delivered at a meeting. were deputed to act in the metropolis for Victoria. breathing encouragement and hope. A public meeting of the colonists assembled to reco gnise the League. West and Weston were commissioned to attend the conference at Sydney . and Dr. A large concourse of citizens assembled at t he Royal Hotel. Moore and Westgarth. Mort. mayor of Geelong. of which. but whether they are doomed to disappointment or not. exhibited a striking scene of luxury a nd magnificence.

The mercantile and professional classes decidedly disappr oved of the substitution. as to whether we shall not have indefeasible right and eternal justice on our si de. The appointment of Mr. Lamb. Mr. and to insist on the injustice and folly of degrading them to the purposes of a prison. J. . It was the earnest desire of the founders of the league to employ all po ssible means consistent with loyal and constitutional principles.. and thus by multiplied agencies to weary the ministers into justice--to conquer thei r obstinacy by a perpetual coming. to principles familiar to the patriot and the christian.[265] The first confe rence of the united colonies was held in the city of Sydney and closed its labours on the 1st day of May. A th ousand persons. was convened in the congregational church of Sydney. to deprecate the evils we suffer. Jackson a nd other delegates by the executive board of the league and signed by the president. We wish you to st ate our case. Lang consented to abandon it. J. The vener able metropolitan. A propos al to join the league was carried amidst triumphant cheering. protestant and catholic. We are anxious that you should . A council was chosen by ballot. We wish you to depict the vast resources and unrivalled bea uty of these colonies. which no government will venture to disregard. Gilbert Wright. So help us God. and other gentlemen resident in London to act in the same capacity. We are discharging by you a duty we owe to the parent country. The earnest obj ections of the delegates were supported by Mr. and of both sexes. to have recourse to the last remedy of the oppressed. Messrs. that the blame of ultimate consequences. recorded his conviction in terms suited to his office and exper ience. were nominated. stated clearly the du ties which devolved upon them. based on moral force. secretary. in accounting for his absence. for the protection and defence of our adopted country." A league.. C. Volume I deliberately entering. but the strength of numbers might have carried the threatening clause had not Dr . chiefly heads of families. if adverse. 185 1. A letter of instructions addressed to Mr. and Mr. King as the delegate for Melbourne. and Gilbert Wright were appointed delegates for New South Wales. Char les Cowper. that we do not hold you responsible for the result. was intended to agitate the colonial cause beneath the walls of parliament. was evidently at an end if armed resistance were contemplated as the final resource. and disclaiming all weapons but those of persuasion and en treaty. Robert Campbell. A permanent executive board and a London delegation. "You will bear in mind that yours is the work of testimony. and in a strain of reproof and warning. A. Charles Cowper being appointe d the first president of the Australasian League.The History of Tasmania. it being determined by the delegates to relinquish all idea of confederation on any terms inconsistent with constitutional resistance. Never was the league in so much danger. as well as in the vindication of our rights as Britons. might remain with the servants of the crown. we appeal to God and the world. The m ost impressive meeting held by the delegates. listened with absorbing interest to the ap peals of clergymen.

should the British public prove deaf or indifferent. the now constant intercourse with the American continent. to the removal of those intolera ble burdens imposed by a despotic minister. and the thence certain rapid influx of population. 'England has no right to cast out amongst other natio ns. the disc overy of gold fields. The p lantation of new colonies in our vicinity. and permitted by the indifference of the British Nation. but they a re anxious to know that their honor and happiness are compatible with their present political relations. It may be your happiness to contribute to the achievement of this great moral victory. that here is a land capable of boundless prosperity . or upon naked shores. a MOTHER OF NATIONS. ought to colonize. the development of those providential purposes which are often most obscure when they are nearest the dawn. that we offer our filial duty and manly affiance.'" "Never has the question of transportation assumed a greater importance than at the present moment. so near to our hearts. This is not the way in which a great and wealth y people. that we. as best we may. but. and we must await. on the Western Cordilleras of New South Wales . and rejoice in our share of her heritage of glory. but should the object of our League. or the minister prove inexorable. that our whalers fish upon our coasts. You will tell them that we love our native country. every hour will strengthen the r elations already established between us. shall be free. that we offer them on this condit ion. and their country. that we number our sheep by millions. fail us. either her poverty or her crime. This granted. that there are millions of acres over which the plough may be driven. your mission will have be en discharged. The colonists are fretted by the vacillation of her Majesty's government.--and thus to the establishment of a closer union between these colonies and the parent state." 185 . that our wheat is famed in eve ry market in the world. all make the future an object of solicitude.tell our countrymen at home. and our children. large in extent and abundant in production. and where the a xe is not required as pioneer.

Hargraves. and that this was no longer impossible. Mr. however. A few employers who imagined that their personal interests would be considered. comparatively numerous. The first news of this great discovery was accompanied by the strongest evidence of Australian loyalty to the . threatened the supremacy of the middle distri ct.The History of Tasmania. Wentworth was the first to announ ce the altered position of the question.[266] This manifesto was adopted by the former advocates of transportation in New South Wal es. discovered the gold of Bathurst. that New South Wales would probably be found wonderfully rich in precious metals. therefore. from the loftiest even to the least. Scarcely had the conjecture reached the colony before it was verified. The predictions of science were fulfilled. The new colony. which changed the fortunes of the Australian empire. It was stated in the Quarterly Review . and to prevent the formation of any penal settlement in the sout hern hemisphere. The relations of labor and capital were entirely deranged. The new constitutional act demanded a fresh appeal to the people. and Mr. and the future became uncertain and perplexing. grew more earnest fo r convict labor. Volume I The chief reliance of the confederates. not thinking how it could be retained. 1850). It was felt by the former apologists of transportation that the policy of England must condemn its continuance not less than the interests of the Australias. On the 5th. The conference of the League terminated its sittings on the 1st of May. gigantic in its youth. except where the right of voting was conferred on few. Gold fields beyond the dreams of oriental vision were rapidly unfo lded. The constituencies of the Australian world were to decide its fate. The issue was no longer doubtful. The strenuous resistance of transportation had cleared t he character of the colonists. and proved that their feelings harmonised with the universal and unchangeable co nvictions of mankind. More generous spirits sympathised with the general aspect of a change which promised to people a region as fair and fertile. the repr esentatives and the delegates. were however. Bu t they were few. while Moreton Bay was clamorous for a separate executive. was on the approaching ele ctions. (Sept. pledged himself to join with them in any remonstr ance intended to terminate transportation. a practical miner. the official corps of Victoria. and amidst the cheers and forebodings of many quitted a pol itical connection which had been often the source of angry strife. could it by any means be got rid of in the whole Australian grou p. He reminded the electors that he was originally opposed to the revival or continuance of transportation. "that a new and unexpected era had dawned. which in a few years woul d precipitate the colony into a nation. left the wharf of Sydney. and a ha rd and earnest struggle was expected in the northern district of New South Wales. Such places. or caring for the crime and misery it might entail. Victoria and New South Wales were now sep arate governments. But on the 6th of May a discovery was announced." He. and as large as Europe. and the influence of squatters paramount.

swarming everywhere. the Hobart Town delegate. a nd scattered with profusion. But the Trades' Union." On their return to Tasmania the delegates were greeted with addresses and p ublic demonstrations. ad hered to their flag and responded with cheers to those who predicted a temporary struggle and a bright futurity. and all its distinguished adher ents held up to scorn as religious and immoral men. Mr. to the publicans the reign of puri tanism. the well-dressed effigies of Earl Grey and the governor were thrown i nto an enormous fire. and in the presence of many thousands. and an association of the Native Youth. as hateful for their covetousness and contemptible fo r their poverty. forms a remarkable indication of a feeling in all the Australian colonies of a more elev ated character than they have hitherto obtained credit for. "The success of the confederation (said the first journal of Europe).common law of nations. He entered the city in state--and while he passed under a triumphal arch. B ut the agents of the convict department endeavored to rekindle the last embers of jealousy and hate. to be followed by unextinguishable persecution. at others they were a scattered and mise rable remnant--which the government and the convict party would speedily sweep away. desolation and emptiness. To the e mployers they predicted ruin. It becomes more than ordinarily important to ascer tain the exact nature of that moral and social atmosphere which so large a number of our countrymen are probab ly destined to breathe (October '51). The governor himself during a procession through the colony was cheered as the great champion of the pardoned. assembled in the evening. 186 . All the sentiments and epithets known in Irish polemics and Irish seditions were re-arranged in the convict service. to the emancipists the ascendancy of the free. with a manly consistency. to the houseowners. despite the threatened scarcity of labor. The League was assailed with peculiar virulence. was publicly gibbetted. Sometimes they were locusts. The settlers. West. and placar ds represented that he had defeated a scheme of the settlers to deprive them of their votes.

Beside the lower class of expirees. except the officials." The speakers did not omit to apply an example so striking. The country districts were in three cases disputed by the transportationists. Young. Thus the five colonies. many of the publicans and almost all in the service of the government were in favor of t ransportation. accomplished in the face of every obstacl e. a solicitor. The ladies wore the colors of their parties. The election at Hobart Town. and even the children to the number of several hundreds . called by Mr. Mr." had just reached the colony. '51)." A meeting at Canterbury. to petition for its success. moved by the Bishop of Adelaide. marched in the train of Mr. The moral choice of the people was still more strikingly manifest. recommending the grant of lands and other advantages to reconcile the less incorruptible advocate s of abolition and marked "confidential. answering to the stars of the Southern Cross. had raised that sign of hope and union. having been unaccountably inserted in the blue book. Such a ppeals as the following were . On one of their banners a passage tak en from a pamphlet of the day was inscribed--"The last link of despotism is broken. when the children of t he soil decree its freedom.The History of Tasmania. The largest assembl y ever gathered there--and including men who had never before united--carried the resolution. determined on a contest with Messrs. Godley. adopted and subscribed the engagement (October. displayed both moderation and ability--highly creditable considering the disadvantages under which they had labored. in a public assembly. '51). West and Bell as delegates from Tasmania and Victoria (August. "that the total cessation of transportation to the Australian colonies is essential to their honor. and prosperity. the day when the signal of Nelson ran through the fleet--"England expects every man will do h is duty. Dry. '50). Chapman and Dunn. Volume I Meanwhile the league was extended to South Australia. and rejected every advocate of transportation. demonstrated the strong and irrevocable desire of the people. joined in a requisition to receive Messrs. New Zealand. All the members of the legislature. but in Hobart Town a more serious conflict was expected. whether considered as compensation or bribes. A despatch of Sir William Denison (May . the popular candidate for Launceston. happiness. The writs for Tasmania were at length issued. All denominations warmly advocated the cause. They p olled little more than a hundred votes. The principal candidates were attended with numerous banners and long procession s. after several candidates had offered and ret ired. The day of nomination was memorable in Bri tish history. or compelled to support it. but the friends of freedom carried th eir candidates by a triumphant majority. the chairman and treasurer of the local league co uncil: more than five hundred votes were polled in his interest. when they disregarded s uch offers. These eff orts were successful. The day of general nomination was remarkably brilliant. and." The native youth for the first time bore an active share in this last attempt to secure the liberties of their country.

but struck out a s park and kindled a flame which none can quench. the earliest to assemble. until I can almost fancy that Nature herself heaves and sympathises with the universal emotion. The reputable emancipists joined their emigrant countrymen. The proper moment for confederation had been found. The representatives were true.--I call upon you. adjure you."[267] By a violent exertion the convict party were held together until the day of polling:--then they disappeared with noise and riot. w hich has now for the first time dawned upon you. which has gilt your mountains and gladdened your valleys. Thus all the preliminary steps were take n to secure the voice of the legislative councils. and throughout the southern hemisphere no representative o f the people was found to stand up as the advocate of transportation. A few months before it was unthought of--a few months after it would have been impract icable. your common inheritance. The council of New South Wales. and which at this very moment is beating in unison in strong pulsa tions through every artery of the island. was intended to extinguish finally all hope of freedom. let our signal be--'Tasmania expects every man to do hi s duty!' The first earnest of your privileges must be the utter extinction of slavery in this your adopted lan d. In the main they proved true to the principles which hold society together. The speech of Earl Grey.-by the spirit of emancipation. By your most cherished associations--by all that you hold most dear--by the love you bear your domestic hearths--by the claims and cries of your children--by the light of that freedom. to cast off every unworthy feeling. and followe d the dictates of parental affection.not heard in vain. "Now. and were seen no more. struck the first 187 . and remember only 'to do your duty' towards your own--your adopted land. They held the ba lance in their hands. Many not actual members of the league supported its principles so far as they contemplated the social freedom of the Australian world.

All. allured by the prospect of sudden riches. Dry. "but if it should unhappily be otherwise" said the faithful repre sentatives of Van Diemen's Land. On the 30th of December the governor met the men of the people. masters of from o ne hundred to a thousand pounds. Westgarth. On the 16th December (1851). This complaint he received in silence. on the motion of Mr.The History of Tasmania. King sought the same object in a milder form.). Tho . Mr. Tasmania was the last to obtain the constitutional organiza tion. they professed the warmest lo yalty to the throne. three colonies. became by a few days spoil. every measure that ma y be suggested or attempted for the introduction of criminals into this country. none but the nominees of the crown. Volume I blow for Australasian liberty. not for the deliverance of their own colony only. and they were promptly forwarded by Governor Latrobe. by a unanimous vote. the protests of the colony against transportation. Hall. Lamb proposed resolutions charging Earl Grey with perf idy--Mr. adopted a similar pro test. The Victorian legislature. united in one voice. against i t. the first country born legislator. and many who quitted it without leave. Thousands of expirees and absconders. to oppose. pronounced th e doom of transportation. and they pronounced the unchangeable opposition of the house to transportation. and in November the whole house concurred in c ondemning transportation. who moved twelve resolutions. the resolutions passed with perfect unanimity (Dec. and as British subjects. They voted. On the 14th of January. who expressed the warmest interest in their success. t he subject was brought before the house by Mr. Denison expressed deep regret that he had not considered it necessary to notice the all important subject of transportation. a series of resolutions were passed by the leg islature of South Australia on the motion of Mr. to exert to the utm ost all the power with which this council is invested. was unanimously elected to the speakership. Supported by the law officers of the crown. They recorded the viola ted pledge of Earl Grey. The discovery of gold was stated as calculated to induce her Majesty's ministers to comply with the petitions of the people. but for the rescue of Van Diemen's Land. The a ddress presented to Sir Wm. whether servants of the crown. or representatives of the people. and attachment to Great Britain. Mr. Thus. and if possible to defeat. though in stronger terms. Sharland. The triumph of this cause was the work of many and the labour of years. or under any circu mstances. Their governors were silent or approving. and found not one to sustain the policy of transportation. at any time. Hundreds who arrived in Van Diemen 's Land in bondage. or had been able to announce that his own earnest representations had concurred with the unanimous desire of the Tasmanian constituencies." For this resolution none but representatives of the people voted. descended upon that province and filled the inhabitants with astonishment. the violation of a pledge--broken by the ministers of the crown. "it is our duty as colonists.

Nor should it be forgotten that the first colonies of this hemisphere were planted for the punishment of crime and the reform of criminals--that those who came to share their fortunes. The opposition of Sir William Denison to the colonial will on this subject. It will the n be remembered that he promoted the advancement of science. have narrowed the circle of hi s friends. Many who have toiled survive to participate in the gladness of success: others h ave passed to the grave. by a respectable private character. advocated the principles of legis lative freedom. fostered liberal education. and thus ripened the public mind to vigorous action. A future generation will best appreciate the value of that noble stand made against the allurements of re al or imaginary gain. The press visited the friends of social freedom with sarcasm and contempt. Emigration and time have wrought a change in the prevailing feeling. necessarily inherited their dishonor. and which must arrest a deliberate and absolute judgment against the ministers of the crow n. his injustice to the judges. and the children of Tasmania will delight to inscribe the patriot's name in the record o f their country's redemption. and that we require the abandonm ent of a policy once thought profoundly wise. increased the f acilities of commerce. and. But the impartiality of history demands a confession. and described t hem as purists and fanatics. less favorable to the colonists at large. abated the practical evils of the convict department. In future times an opinion more favorable to his reputation may be expected to prevail. and which was scarcely questioned for more than three score yea rs. The voice of employers too long favored transportation. among these the names of Archer and Oakden will recur to colonial remembrance. sustained the moral dignity of government. and their temporary interests were preferred to the ir ultimate welfare.usands of articles often distinguished for ability. and his sarcastic delineations of colonial character. appeared in the colonial papers. Until the last ten years the colonial will has been neither steady nor distinct. But ev en then it will not be 188 .

And. The League and Solemn Engagement of the Australian Colonies. Now. by divers promises the government of Great Britain engaged not to send convicts from the United Kingdom to New South Wales. Then. whereas. I admit that the decision arrived at might have had some effect on the home government. and Port Ph illip. which is soon to be called into bei ng. whereas. Volume I forgotten. the avowed object of her Majesty's Secretary of State is to transfuse the convicts disembarked in Van Diemen's Land through the Australasian Colonies. do declare their League and Solemn Engagement. in 1847. even now. the native Australasians are entitled to all the rights and privileges of British subjects. whereas. declared to the colonists of Van Diemen's Land her Majesty's most gracious purpose. howe ver false.] [Footnote 262: THE AUSTRALASIAN LEAGUE. whereas. declared by the Delegate in the Conference held at Melbourne. that convicts should come to none of these colonies. Victoria. and to the sympathy and protection of the British nation. 1851. And. whereas. and thus to evade the spirit of the promises and Act of Parliament so made. t here would be some hope that they might accomplish their end. as it i s a question on which all the colonies are alike concerned. It is to such an assembly as this that a question of this magnitude ought to be remitted. If South Australia. to the effect following:-1st. in one common determination not to receive convicts in any shape. FOOTNOTES: [Footnote 261: If this question had been brought forward in a large and com prehensive view before the Federal Assembly of the Australian colonies.The History of Tasmania. and tolerated any ally. And. and to such a decision the minister might succumb. THEREFORE. the Delegates of these Colonies. by an Act of the British Parliament. February. they might come to a conclusion. And. and remit the whole matter t o that body. that in perpetuating the convict curse. or King George's Sound. Lieutenant-Governor Denison. WHEREAS. large tracts of land have been purchased by the colonists from the crown. And. and. he adopted any argument. that transportation to that island should be discontinued. New Zealand. however abject. transportation to South Australia was positively prohibited. but without success. many and varied efforts have been made to induce her Majesty's ministers and the British Parliament to terminate the practice of transportation to these colonies. whereas. the wisest and safest course would be to postpone its further discussion. whereas. the practice of transporting convicts to New South Wales was abandoned by the Crown. by an Order in Council. and many thousands of her Majesty's subjects have settled in Australasia on the pledged faith of the Crown not to disturb their social welfare by the importation of crime. Van Diemen's Land. the colony of Van Diemen's Land has been deeply injured by the pouring in of enormous masses of transported offenders. That they engage not to employ any person hereafter arriving . whereas. I think. many millions of capital invested in improvements. And. whereas. And. And. all agreed with New South Wales. in 1840. divers and repeated attempts have been made to depart from the letter and spirit of these promises. if they were all as sincerely opposed as I am to transportation in any shape. in conference assembled.

189 . 2d.under sentence of transportation for crime committed in Europe. That they will use all the powers they possess--official.

and if respect be forfeited. to weaken the respect which is now so generally entertained for the name of England. will recommend the continuance of the practice against which you are united in petitioning.. (which is my case)..] [Footnote 267: Mr. was the first vessel that carried the league flag. the principal tie of l ove and obedience will be severed. William Nicholson. within their bounds.] [Footnote 263: William Westgarth. t owards the noble object in which you are engaged. and my persuasion is. or resume.] 190 . Capt. I hope my fe elings towards them are such as become that relation. It cannot be supported if England cause her self to be regarded as the author of a continual wrong. upon the ground of policy. George Annand."--Letter of the Lord Bishop to Charles Cowper. now floating over every sea.] [Footnote 266: Address to electors. July. still less. w ho. No man. and their countenance. their money. to reiterate and give permanency to the assurance. that to extend.] [Footnote 264: The Raven. that my determination originated not in any feeling of insensibility. and the removal of all establishments for such purposes. or penal settlements. Volume I electoral. and legislative. and. desire and pray for the success of your endeavours. from h is heart. and that they will seek the repeal of all regulations. It is impossible to believe that any British statesman will be found.The History of Tasmania. continuing still to do so. or indifference. 1851.. William Kerr. Dalmahoy Campbell. And lastly. Esqrs . to prevent the establishment of English prisons. all who may suffer in the lawful promotion of this cause. must be injurious to all. upon a principle of justice. Bell. A perseverance i n this policy would tend more than almost any other cause that could be mentioned. Esq. or contin ue the practice of transportation to any one of them. Stewart Johnstone. As having once held the spiritual charge over al l the colonies to which your league extends. J. MacDowell's speech. William Stawell..] [Footnote 265: "My anxiety now is. that they will refuse assent to any projects to facilitate the administration of such penal systems. but must. That they solemnly engage with each other to support by their advice. in a certain sense. and. and John Hood. Esq. and Charles Kemp. William Bell. who feels as he ought to do for the country in which no t only himself but his children and grandchildren are established.

R. Gray. ***** ZOOLOGY. remain still to be described. are in Tasmania wholly wanting. but th e numbers seem limited as compared with the other indigenous quadrupeds of those countries. E. which is compiled from the table by Mr."[2 68] The Tiger or Hyæna of the colonists (Thylacinus cynocephalus. and adjacent islands. Orders found in other count ries. to which belong the platypus and porcupine of the colonists). Volume I HISTORY OF TASMANIA. with which our acquaintance is still very imperfect. for example. of the British Museum. It is of a tawny or brownish yellow co lor. Gray's Travels in North-west and Western Australia.--MAMMALIA. the Wombat of the Rodentia. exclusive of the Seals and Cetacea. in a remoter degree. compiled by J. and a subsequent History of the Marsupiata. such as the Pachydermata and Ruminantia.The History of Tasmania. The representatives in that group of many of the orders of the more extensive placental sub-class of the mam malia of the larger continents have also been recognised in the existing genera and species:--the Da syures. and one water-rat. and a few of the smaller animals. From the above list it will be perceived. but they will not m aterially affect the following list. ZOOLOGY. the two largest indigenous Australian carnivorous quadrupeds. the Moluccas. that all our mammals are either Marsupial (pouched) or Monotrematous (a closelyallied form. Esq. and have not yet been detected elsewhere. Waterhouse (1846):-This makes a total of twenty-six mammals inhabiting Tasmania. Amongst those thus limited in their geographica l range are the tiger and devil of the colonists. Professor Owen observes:--"That the marsupialia form one great natural group is now generally admitted by zoologists . as they are also th roughout the extensive continent of Australia. the Phalangers of the Quadrumana. . by G. about the size of a large dog. Harris) is a ve ry powerful animal. the Bandicoots of the Insectivora. and in New Guinea. with numerous black bands arranged transversely along the back. with short legs. play the parts of the Carnivora. two mice. hence the erroneous names tiger and . that of the Ruminantia. Since its publication (1841) a few additional species have been added to the fau na of Tasmania. with the exception of the three b ats. probably. It is also remarkable that twelve out of the twenty-six animals are peculia r to this small island. SECTION I. The most perfect list of the mammals of Australia which has yet appeared is in the appendix to Capt. Certain species of the group are found in North and South America. from the shoulders to the tail. and the Kangaroos. Australia is the great metropolis of the marsupial animals. Gray.

in the thick covers of the low grassy flats and scrubs. hunting by night. predaceous habits. The muzzle is rather elongated. it is probabl e that in a very few years this animal. bandicoots. given to it by the early settlers. They never hunt in packs. the ears short and erect. and the pupils elliptical. but more active and supple in its movements than the male. so highly interesting to the zoologist. The female is much smaller. if it had the cha racteristic brush instead of a long taper tail. will become extinct. with two or three half-grown pups. occasionally uttering a kind of low smothered bark. which both commit vast havoc in a single night. it is now e xtremely rare. or a bitch. The Thylacine kills sheep. in pursuit of game. bu t a male and female. corresponding with its leaping. as every available spot of land is now occupied. have occasionally been seen together. and other native animals. and is therefore by no means so destructive to a flock as the domestic dog become wild. its figure would bear a considerable resemblance to that of the fox. or to run them down on the more open hill and forest land. been given by sheepowners for their destruction. High rewards have always. but usually confines its attack to one at a time . even in the wildest 191 . opossums.hyæna. however. their exquisite sense of smell enabl es them to steal cautiously upon these defenceless animals. They are not very fleet. They prey upon kangaroos. and. or as the Dingo of Austr alia. but follow the trac k with untiring perseverance.

The most common species is the Phalangista vulpina (Shaw). these men always carry a rug with them. The Ringtail opossum (Phalangista or Hepoona Cookii. Volume I and least frequented parts of the island. with his feet to the fire. but the usual and prevail ing color is a greyish tan or yellow. with white spots. and wrapped in this. lambs and the weakly or diseased. It is a perfect glutton. A male and female were sent to the Zoo logical Society of London during the present year (1850). and less sought after. Desm. for dogs will not eat the flesh of the Ringtail even when roasted. Great numbers of Native cats are killed in some localities for the sake of their skins . which are formed into rugs by the shepherds. an opossum (or kanga roo) skin rug being the principal bedding of all the shepherds. Shaw). The other two species of Dasyurus. Shaw. caught in a snare. stock-keepers. The Devil (Dasyurus ursinus. principally. and another across the back. many being black with white spots. the Tiger cat ( Dasyurus maculatus . the bushman sleeps on the ground warm and comfortable. Shaw) and Native cat (Dasyurus viverrinus. is attacked and devoured without mercy. The Phascogales are small insectivorous animals. lodging by day in t he holes and hollows of trees. about the size of a bull terrier. however. The two species of Bandicoot (Perameles obesula. nothing comes amiss to it. The fur on the opossums in the mountains and cooler parts of the island is thicker and better adapted for rugs than on those obtained from th e sea coast or the warmer settled districts. and prove equally destructive to the poul try yard. and forming the skins into rugs.) is smalle r. it lives chiefly upon carrion. and this was generally all the shelter used by the aborigines.). and sleeping in the open air. living upon insects and roots. is an exceedingly fierce and disgusting looking animal.The History of Tasmania. and from these mere varieties some naturalists have co nstituted two species. and from their smaller size will probably longer survive the war of extermination carried on against them. found on the mountains and in the dense forest parts of the island. When travelling from one station to another. and little is known of their habits. the smaller native animals. less common. viz. of a black color. They are very numerous in some localities. and were the first that ever reached Europe aliv e.. and most indiscriminate in its feeding. usually having one white band acros s the chest. even in the coldest nights. from which they do not differ materially in size. are very common throughout the colony. The Native cat varies a good deal in color. even one of its own kind . and P. These animals are much sought after by the servants on most farms for the sake of feeding their dogs with the flesh. Gray) . and occa sionally attacks sheep. near the tail. under which is placed both the black and grey opossums. Gunnii. The Opossums usually abound where grass is to be found. Geoff. with no other shelter save a log or a few boughs to windward. and laborers in the more remote parts of the colony. . are similar in their habits to the pole-cat and mar ten of England.

The Wombat. an individual weighing 100 to 140 pounds. are the Kangaroos. however. distinguished by the names of Forester. The Kangaroo rats (Hypsiprymnus cuniculus.--now nearly extinct in all the settled or occupied districts of the island. This species a fforded the greatest sport and the best food to the early settlers. Notwithst anding its burrowing habits. more commonly called in the colony Badger ( Phascolomys wombat. was introduced from that colony between the years 1834 and 1839: many of those so introduced escaped from confinement. murinus. the male being known by the name of "b oomer. and H. as the y are not killed either for food or their skins. however. Peron. and the excessive thickness and toughness of its skin." is the largest and only truly gregarious species . and rare everywhere. Shaw). that it is becoming less and less common. o f flying opossum is indigenous to Tasmania. It was usually hunted by larg e powerful dogs.). Desm. or opossum of Port Phillip (Petaurus sciureus. and from the numbers which have been killed around Launceston since that period they have evidently increased and established themselves amongst the denizens of our woods. of which we have three species. Ill. No species. It is much to be regretted that this noble animal is likely so soon to be exterminated.) ar e small animals. somewhat 192 . Ogilby." and the young female by that of "flying doe. They are not numerous anywhere. but require few remarks. is an animal weighing forty to eighty pounds. having a large body. Brush. The Forester (Macropus major. Dogs will not usually eat t hem.The Flying squirrel. Our best known animals. with short legs.). it is usually so easily k illed. and Wallaby. like kangaroos in their form and mode of progression.

I can give no idea of the length of time it took him to run this distance. quite at the end of the run. "We did not measure the length of the hop of this kangaroo. at the place where he took the water. but on another occasion. Gregson. A modern kangaroo hunt has been thus graphically described by the Honorable Henry Elliot. and it was also plain that he was sti ll fresh. His hind quarters weighed within a pound or tw o of seventy pounds. and have been bred by him from fox-hounds import ed from England. being quite e xhausted. We generally 'found' in a high cover of young wattles. when. but he could not make head against the waves any further. and was obliged to turn back. he was soon killed. on being pressed. The 'boomer' is the only kangaroo which shows good sport.' and I must say that they seldom failed to show us good sport. that he was a long way before us. for he stand . apparently without an effort. as dogs gain so much on them in going up hill. so that. but as the two kinds are always found in perfectly different situations we never were at a loss to find a 'boomer. and though not so fast as most hounds here now are. he was forced to try to swim across the arm of the sea. he is very apt to take the water. as. from the way i n which the hounds were running.The History of Tasmania. and it was evident. though I have seen larger. but sometimes we ' found' in the open forest. which a tired kangaroo never will attempt to do. when a very fine 'boomer' jumped up in the very middle of the hounds . "The distance he ran. the length of each j ump was found to be just fifteen feet. he stooped forward and shot away from the hounds. and then it was really pretty to see the style in which a good kangaroo would go awa y. He ran fourteen miles by the map from point to point. he got fully half-way over. and gave us the longest run I ever saw after a kangaroo. and when closely pressed had the remarkable p eculiarity of always taking to the water where practicable. when the 'boomer' had taken along the beach. he went over the top of a very high hill. in spite of a fresh breeze and a head sea against him. taking in the different bends in the line. cannot have bee n less than two miles broad. cannot hav e been less than eighteen miles. and as regular as if they had been stepped by a sergeant. and then it requires several good dogs to kill him. for the strongest 'bru sh' kangaroo cannot live above twenty minutes before the hounds. When a 'boomer' is pressed. looking about him to see on which side the co ast was clearest. which is large for the Van Diemen's Land kangaroo. and left his prints in the sand. without a moment's hesitation. and if he had had fair play I have very little doubt but that he would th en have beat us. I recollect one day in particular. and then. but he had taken along a tongue of land which ran into the sea. Volume I similar to the Scotch deer hounds. The hounds are kept by Mr. but it took us something more than two hours. in Gould's splendid work on the Macropodidæ:-"I have much pleasure in telling you all I know of the kangaroo-hunting in Van Diemen's Land. which. in the 'open:' he at first took a few high jumps with his head up. and he certainly swam more than two. they are quite as fast as it is possible to ride to in that country.

s waiting for them. but in general they do not run that distance in a straight line. and will generally make a stout resistance. has. which is thicker and better than that of the larger speci es. is a very timid creature. Many thousands of skins have been annually export ed from Launceston alone. and as soon as we found that we were running a doe we stopped the hounds.) is the smallest spec ies of kangaroo. and I have even seen o ne die of fear. and th en the best dog will find in him a formidable antagonist. but the war of extermination constantly waged at all seasons against this species. and hol ds them under water. and in some localities was formerly very numerous indeed. but make one large ring back to the place where they were found. though the larger ones often go straight away. Waterh. so that he cannot be attacked from behind. Desm. he takes hold of them with his fore feet. When a doe is beat she generally makes sever al sharp doubles. The Wallaby (Macropus [Halmaturus] Billardieri. and then gets among the branches or close to the trunk of a fallen tree. The buck is altogether very bold. and rendered it scarce everywhere. in man y places. for the sake of its skin.) is universall y distributed over Tasmania. and in this way she often escapes. entirely destroyed it. It was in a place where we wished to preserve them. and nearly all the leather used in the colony for ladies' and gentlemen's boots and shoes is made from the skin of the brush kangaroo. on the contrary. but she lay down and died in about ten minutes. for if he c annot get to the water. She had not received the slightest injury. "The doe. and 193 . "A tolerably good kangaroo will generally give a run of from six to ten mil es. and as soon as they swim up to the attack. and remains so p erfectly still that she will allow you almost to ride over her without moving. just at the moment they were running into her." The Brush kangaroo (Macropus [Halmaturus] Bennettii. he will place his back against a tree.

and were soon destroyed. Clair. Those who feel any interest in the peculiar structure of this very remarkable animal. ducks. Cuv. as the hawks. but they are not of such a nature as to strike the eye. has in many localities become wild. from the circumstance that the unsettled parts of the island. as is the forester kangaroo. are comparatively destitute of grass. there are. and although described by Mr.. in the Cyclopædia of Anatomy and Physio logy. and in most of the rivers and streams in the more remote parts. As the Marsupialia are not prolific. No species is protected. more rarely. feed principally during the morning and evening twilight: and as few of our mountains exceed four or five thousand feet of elevation above the sea level. Shaw) has for many years been so gre at a subject of interest to the zoological world that little is left to detail.--BIRDS. All the larger species of indigenous mammals will rapidly diminish under the united efforts of Europeans and their attendant dogs. and proves very destructive to quails. owls. also. from the real or fancied resembl ance which they bear to their . &c. being merely influenced in their range by the greater or less abundance of food. and its congener the Porcupine (Echidna setosa. No others of the indigenous quadrupeds are usually used for food. the extinction of several species may soon be anticipated.[269] Nearly all the Tasmanian quadrupeds are nocturnal in their habits. swallows.The History of Tasmania. Gould as being gregarious. can fi nd full details in Professor Owen's very elaborate and admirable paper. there is nothing in the general aspect of the birds of Tasmania to distinguish them from those of other countries. most of the animals are distributed over the whol e island. when not strictly so. however. is n ever seen in flocks. an d unfit for the support of graminivorous animals. some peculiar forms.). the bandicoots and kangaroo rats. and are now in muc h request by the residents in the towns as a delicacy. although occasionally bushmen eat the womb at and echidna. European rats and mice are now common all over the island: the d omestic cat. on the Monotremata. SECTION II. The Platypus (Ornithorhynchus anatinus. yet they were merely the domestic dogs become wild (many having from time to time been abandoned by their masters--aborigines and convicts). Many of the birds of Europe are represented here. It may here be observed that the Dingo of New Holland never inhabited Van Di emen's Land. and. at the source of the river Derwent. to which they have been driven. It is still not uncommon in the pools and small streams on the table land of the western mountains. Lake St . and no species spared. Unlike the mammals. snipe. having in soup a flavor somewhat similar to that of har e. and not a few have received English names. and although wild dogs were at one time troublesome in a few districts. All the different species of kangaroo are admirable food. or. Volume I inhabits thickets. and those bi rds which are much on the ground.

The Birds of Australia. The 170 birds may be divided into the following orders and genera:-ORDERS. Among the thirteen raptorial birds the eagle (Aquila audax.) takes the foremost place. no doubt. wrens. and being destructive to young lambs in some localities. According to Mr. are peculiar to it. as the magpies. that little r emains to be done by those who follow him. Mr. this is. but it will be well to proceed a little more into detail. has so completely illustrated and described the birds of Australia. Species. Whether we look at this magnificent work for its beauty.British prototypes. of No. Tasmania possesses 170 species. a constant war is 194 . or its accu racy. however. have hereafter to be added. have not yet been found in any other part of Australia. a close enough approximation for all ordinary purpos es. robins. so far as at present known. Lath. we cannot help feeling rejoiced that so interesting a portion of the natural history of Tasmania should have been so ably illustrated. &c. John Gould. It is about the size of the golden eagle of Europe. that is. In the 170 are included some occasional and rare visitants to our shores. Gould's work. in his splendid and elaborate work. No.[270] of which onl y a few. but several others wi ll. of Genera. RAPTORS 11 13 INSESSORES 46 62 RASORES 4 6 GRALLATORES 20 30 NATATORES 29 59 110 170 From the above table the ornithologist will form an idea of the character of our birds. including those of Tasmania.

On the lowest computation he thought the number could not have be en less than a hundred millions. That "rara avis. and South Pacific Oceans.. Southern Indian. bays. Cuv. but flying as compactly as a free movement of their wings seemed to a llow. and of three hundred yards or more in breadth. Brandt. Lath.The History of Tasmania. Many of the parr ots have beautiful plumage. Two pigeons and four species of quail are all the rasorial birds in the isl and.[271] says that when near the north-west extremity of Van Diemen's Lan d he saw a stream of sooty petrels from fifty to eighty yards in depth. and prove very destructive to the ripe g rain in the fields. and sal ted bodies. Ducks are numerous. having been nearly extirpated for the sake of its skin by the zeal of bird collectors. Shaw) occur in immense flocks in some places. The sooty pe trel (Puffinus brevicaudus. having been driven from its old haunts by that grea t intruder. and P.[272] . The fifty-nine species of swimming birds include many sea birds which inhab it the Antarctic. The green and rose-hill parrots (Platycercus flaviventris. but are now becoming scarce. points. of many species. forming what are called by the sealer s in the Straits. once so comm on that rivers. formed for extracting the honey from flowers. The other raptorial birds possess little to distinguish them from th ose of other countries. The parrot tribe is the most attractive to strangers. and it is becoming rapidly scarce. eximius. Many of the genera of the perchers are peculiar to Australia. occurs in immense flocks in Bass' Strait.) were at one time to be seen in immense flocks. and during a full hour and a-half this stream of petrels continued to pass without interruption. but the original stock of most of those now domesticated was introduced from Port Phillip. rookeries.). and the white cockatoo and rose-hill parrot have occasionally been taught to spe ak. The birds were not scattered. Tame emus are common in th e colony. erroneously called an alb ino by Mr. Te mm. is now becom ing truly a rara avis in the settled parts of the island. once very abundant. The white cockatoos (Cacatu a galerita. This bird burrows in the ground. and a considerable trade was at one time carried on in their feathers. in his Voyage to Terra Australis. the white man. at a r ate little inferior to the swiftness of the pigeon. the true gallinaceous birds being wholly wanting. eggs. Of the thirty species of grallatores the most remarkable is the emu. and it is to be feared that its total extinction will be effected er e it can be ascertained whether the Tasmanian bird is identical with that of New Holland. Gould. Captain Flin ders. and the brushlike tongues of many species. Very fe w individuals can now exist in the island. as also injuring the roofs of corn stacks in the barn yards. Volume I waged against it by the shepherds.). have been classed amongst the Aust ralian anomalies. but a few years ago." the black swan. from its abundance. or mutton bird. received their names. The beautiful white hawk (Astur Novæ Hollandiæ. belonging to not less than eight genera. is now becoming rare. and form admirable articles of food. and eleven species. are found in Tasmania.. &c.

Gould). to which it is restricted. Gould observes:--"There are also periods wh en some species of birds appear entirely to forsake the part of the country in which they have been accus tomed to dwell. the king-fis her ( Alcyone Diemenensis. and as his clearings take place in the remote wilds. The snipe and swal lows usually arrive in Van Diemen's Land during the first week in September. the various summer visitants take their departure northwards. and som e are musical. so in that portion few of the birds inhabiting the settled districts are to be found. and whence they as suddenly disappear as they had arrived. and the satin fly-catcher (Myiag ra nitida. the grosbeak (Estrelda bella. the diamond birds (Pardalotus species). and to betake themselves to some distant locality." 195 . or soon after. Several of them follow t he footsteps of man. Lath. where they remain for five or ten years. which. as the magpie (Gymnorhina organicum. and corn-fields spring into existence.With the exception of the pretty but gaudy parrot tribe. Gould).). or even for a longer period. Mr. that lively bird whose cheerful notes delight the ear of every traveller at early dawn in the settled districts of Tasmania. in this respect. our most beautiful birds may be said to be the wren (Malurus longicaudus. although many have sweet notes. None of the birds equal the songsters of Europe. In April. and as one half of the island is still covered by the dense primæval forest s. Gould). The supply of the peculiar food suitable to particular genera and s pecies necessarily affects their range. differing in thi s respect remarkably from that of the animals. follow the same law which gover ns the migrations of species inhabiting similar latitudes in the other hemisphere. and during that month most of those birds which migrate for the purpose of breeding also make their appearance. The distribution of the birds of Tasmania is very partial. so many grain-eating birds make their appearance. This is entirely irrespective of the regular annual migra tions of numerous species from New Holland to Tasmania. Gould).

in some of the rivers which discharge themselves into the sea on the north coast. Sir John Richardson has described many species of Tasmanian fish in the Tra nsactions of the Zoological Society. The rivers of Tasmania are not so well supplied with fish as those of many other countries. SECTION III. a nd between the numerous islands which dot its eastern and western extremities. with a species of trout. but which is rarely caught on the northern coast. To these works we must refer for scientific details. except an eel. Flo unders. into the shallow waters along the coas ts. a bare list of whic h would convey little information. and of the habits of our fish in general but little is known. These. fo und commonly in the estuary of the Derwent and Storm Bay. but there is every reason to believe that they might be caught in sufficient numbers to form a valuable export to tho se countries where salt fish is esteemed. are frequently and usually brought to market. attains a weight of six to eight pounds. Every season new species are brought to market at H obart Town and Launceston. and no doubt many more species yet remain to reward the zealous fisherman who wi ll explore the various banks off our coasts. S. and faile d. gar-fish. bu t which comes regularly every season. Erebus and Terror. and. gurnett (Sebastes maculatus). where numerous currents occur. This fish. and is the only one affording sport to the angler. the habitat of which is still unknown. does not exist in the river Derwent. two or three very small species no t usually noticed. The mullet (or fresh water herri ng) is a fine. but many are still undescribed. for which they seem admirably adapted. The species considered finest for the table is one called the Trumpeter. Hitherto the attempts have been made from Scotland. perhaps. It most probably permanently inhabits some of the banks in Bass' Strait. but it is supposed that the west coast of North America would afford a more favorable and accessible station . and several other species of sea-fish. more recently. or in any of its numerous tributaries.--FISHES. and snipe shooting about 1st September. is one called the black-fish.The History of Tasmania. some additional species in the Zoology of H. M. The best for this purpose would be that commonly known as the "king-fi sh" (a species of alepisaurus). ranges between twenty and fifty fathoms only. fish may be expected to abound. Not only are many of the Tasmanian fish admirable as articles of food. about the size of a cod. well-flavored fish. Volume I The only birds shot as game in the colony are quail and snipe. The largest. weighing usually about five ounces. complete the list of those which inhabit our streams and lakes. The depth of water throughout the whole of Bass' Strait. The colonists are now anxious to introduce the Salmon into the Tasmanian ri vers. In such localities. to spawn. the latter being the greatest depth. it i s said. Quail shooti ng commences on 1st April. two lampreys. and more especially amongst the is lands. during the months of May to July. which. and. but as yet no attempt has been made to ex tend the fishing beyond the shallow smooth water at the mouths of our rivers and estuaries.

although it is probable that the young of some kinds may have been mistaken for distinct specie s. from the level of the sea to the summits of the loftiest mountains (about five thousand feet). in these properties of the Tasmanian fish to distinguish them from those of many other countries where similar peculiarities exist. Comparati vely few instances have occurred wherein the bite of the snake has proved fatal to human life. but to vary very much in different persons who partake of them at the same time. upon none of which have any separate work s been published. There is nothing. to do more than notic e in very general terms this and the subsequent departments of zoology. and the degree of poisonous effect would seem to depend not onl y upon the state of the fish. The largest are usually four to five feet long. in a work like the present. Numerous insta nces.from which to introduce the salmon of that country. all are believed to be poisonous. though but very rarely indeed. t o a length of six feet. and some are well known to be so. are very much smaller. however. but there are believed to be at least ten. may be deemed remarkable. and are very various in color. It will not be necessary. however. considering the immense number of snakes throughout the island. as the toad-fish (Apiste s marmoratus). Some species of fish are poisonous at all seasons. SECTION IV. and this. The greater number. The number of species is still undetermined.--REPTILES. would still be a most desirable acquisition. others are only occasionally so. of the 196 . attaining occasionally. Snakes exist all over Tasmania. which. however. They inhabit all localities. although not so highly flavored as the Scotch species.

Lady Franklin. as from the very great extent of waste and unoccupied land. all those in Australia having been derived from the one hive. as they increase with unusual rapidity. B. offered a reward of one shilling per head for every snake kil led throughout the island. and several are very beautiful. are common. in this respect.The History of Tasmania. no doubt. having ascertained that it would not. have been recorded. as the weevil. apple aphis. In Tasmania they are becoming wild in gre at numbers. although few countr ies offer a wider or better field to the zealous entomologist. No work on the entomology of Tasmania has yet appeared. so that there are considerable doubt s with many well-informed persons whether some innocuous kinds may not. and have been sent to all the adjoining co lonies. The domestic bee was brought to Van Diemen' s Land from England by Dr. Crassatella kingicola (Lam . Wilson.[273] There is a great preponderance of Coleoptera over the other orders. SECTION V. and prove most injurious. like the ringed snake of England. during the government of her husband. The rare Cypræa umbilicata (Sowerby) inhabits Bass' Strait. brought. and several species. most useful birds. sheep. for nearly fourteen thousand snakes kil led. and it would be wise on the part of the colonists if they forbade their servants to destroy those beautiful and. &c. as also Tri gonia margaritacea (Lam. Volume I death of horses. when so much more of the island is occupied. spreading themselves rapidly through all the forests. but possess no peculiar interest. and indiscriminately killed with them. During the first year she paid about £700. T. be classed amongst their poisonous congeners. slug. they were brought down in vast numbers to the inhabited parts of the island by the flooded streams and rivers. Some Eu ropean forms are common. where snakes could bree d undisturbed. Venus lamellata (Lam. but the particular species causing death in each instance has not been noted with precision. A species of turtle has been occasionally washed ashore upon the east coast.--MOLLUSCA. but it now becomes a question. from the east coast of New Holland by the current which sets from that direction towards Van Diemen's Land. at that time.). Of the mollusca inhabiting the shores of the island many are highly interes ting..--INSECTS.N. pr ove permanently beneficial. and it possesses many most interesting specie s. w ith her wonted liberality and kindness of heart. SECTION VI.). R. cattle. Valuta papillaris (Swainson). Subsequently she discontinued this reward. of various species. have been introduced . Next to man the hawk tribe are their most powerful and persevering enemies. even to the summits of the western m ountains. Lizards and frogs.. and so admirably does the climate of t his island suit this interesting insect that in the first year sixteen swarms were produced from the imported hiv e! Since that time they have been distributed all over the island. Sir John Franklin. in the year 1834. and dogs. whether our loc al legislature might not wisely renew the offer of a moderate reward for the destruction of these obnoxio us and much dreaded reptiles.

With the aborigines.). The only kind of shell-fish commonly consumed as an article of food and bro ught to market is a species of oyster. La Billardiere[274] describes their diving for Haliotis at Recherche Bay. is quite distinct f rom the European species. shell-fish formed a very considerable a nd important article of diet. Pecten. in many instances. It is occasionally washed ashore in considerable number s on the islands in Bass' Strait. and from the fa ct of no small species of shell.). and scarcely less beautiful. Lam. solenimya Australis (Lam. and varied according to the locality in which e ach shell abounded. Ostrea. or tumuli. Our Argonaut. The sites of these aboriginal feasts are usually easily to be distinguished from raised beaches. and. The beautiful Janthina fragilis has been washed ashore with its inhabitant on th e east coast. or paper nautilus (A. &c. a species of Terebratula. They may be known by their isolated charact er and position. in some places. to situations where fresh water was to be found. and many others most interesting to the concho logist. Venus. as some forms are now found living abundantly in the Australian seas which are only known in the old world as occurring in a fossil state.). often broken into small pieces. Those 197 . being found intermixed. a great number of European types. round mound-like heaps. Patella. by the shells bei ng injured by fire. by their forming. nevertheless. such as species of Mytilus. there are. however. tuberculosa.. the sh ell-fish having been carried in baskets by the women. or those accumulations o f shells caused by change in the relative levels of sea and land. many miles inland. and ab undant remains of their feasts still exist all along the coasts. intermixed with fragments of charcoal. and not less so to the geologist.[275] The s pecies of shell-fish consumed by the aborigines were numerous. not likely to form an article of food. Although many forms are almost purely Australian.

but it does not appear that the aborigines of Tasmania ever eat the Unio. Volume I commonly used were the two species of Haliotis. FOOTNOTES: [Footnote 268: History of British Fossil Mammals and Birds. in this instance exhibi ting a remarkable difference from those of New Holland. and seem. The freshwater kinds. like many snails. with whom the Unio forms an important article of diet . and in this island no museum or public scientific library yet exists. and i s much prized by epicures. including those inhabiting ditches. in the present slight sketch. There is little in the character of the echinodermata to call for special no tice. all are small and insignificant. to observe here that the learned Pr ofessor's article on the Marsupialia. attains to a gigantic size. The land shells are inconsiderable in number. the notices of those described are scattered throughout an immense number of works. also. Acalephæ and polypi are equally numer ous. still undescribed or but little known. though numerous. &c. are still undescribed. Mussels. and a most extensive and little-explored field lies open in this colony to the naturalist in these mo st interesting branches of zoology. in his introduction. Crabs of numerous species are common. It is not. ECHINODERMATA. however. and Oyster: se veral of the smaller bivalves and univalves were. and one species. however.--CRUSTACEA. except the unio.. It has been deemed sufficient. Gould.The History of Tasmania. to have the power of sustaining life for a long period in a dormant state. but we think he . comparatively unknown. are more numer ous. so far as can now be traced. Some species occur abundantly in situations which a re perfectly dry for at least six months of the year. says 181 species. A craw-fish is abundant on the coasts.] [Footnote 269: It may be as well. &c. le aving it to the student who may desire further information to refer to the works which have been noticed under t he different heads. too. Species of many genera of star-fish and sea urchins are most abundant. to be expected that a general history of Tasmania should contain a minute history of all its varied an d most interesting natural productions. and his tab le shows 172. occasionally caught o n both the east and west coasts. SECTION VII. Many othe r crustaceans. in the same work. and another inhabits the rivers which run into the sea on the north coast. occasionally used. of such a character as to afford any aid to the compiler. Our infusoria. in a great many cases. to giv e in general terms merely those leading features which were likely to prove attractive to the general reader. but. a Turbo. leaves little to be desired by the student who de sires fuller information on the comparative anatomy of the marsupial animals. are to be found in all favorable situations. In closing this chapter upon the zoology of Tasmania it must not be forgott en by the reader that its productions are still. ponds. not amounting to more than ab out six species. but they ca ll for few remarks in this place.] [Footnote 270: Mr.

Ewing. and Annals of Natural History. Entomological Magazine. 3 32. The Entomologist. the most zealous and able Tasmanian entomologist. in the Tasmanian Journal.. C. p.] TASMANIA: PRINTED BY J. Davies. vol. Transactions of the Entomological Soci ety of London. H.. quotes the following works.. I. which in th e body of his book do not appear ever to have been found in it. p. Gunn: Tasmanian Journal. where descriptions of Tasmanian insects may be found. of N ew Town. LAUNCESTON.. p. Vol. iii.] [Footnote 273: Two hundred and sixty-two species of Tasmanian insects were d escribed by the German entomologist Erichsen. II. Esq. in a paper in the Tasmanian Journal. 170. 13. T. p.] [Footnote 274: Voyage in search of La Perouse. ***** 198 . WADDELL.--Leach's Zoological Miscellany. 456.. S. introduction. II.] [Footnote 275: Vide a paper by R. in Wagner's Archives for 1842. vol.] [Footnote 271: Vol.] [Footnote 272: For a very full and excellent description of the habits of th is bird see a paper by R. The Rev.has erred in placing some birds under the head of Van Diemen's Land. J.

The History of Tasmania. Volume I 199 .

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