Chapter 3

In 1835 the court consisted of the judge-advocate and two of the inhabitants selected by the Governor, Colonel Arthur, who came out in the year 1824, and had been for eleven years a terror to evil-doers. His rule was as despotic as he could possibly make it. If any officer appointed by the Home Government disagreed with his policy he suspended him from his office, and left him to seek redress from his friends in England--a tedious process, which lasted for years. Disagreeable common people he suspended also--by the neck. If a farmer, squatter, or merchant was insubordinate, he stopped his supply of convict labour, and cruelly left him to do his own work. He brooked no discussion of his measures by any pestilent editor. He filled all places of profit with his friends, relatives, and dependents. Everything was referred to his royal will and pleasure. His manners were stiff and formal, his tastes moral, his habits on Sundays religious, and his temper vindictive. Next to the articles of war, the thirty-nine Articles claimed his obedience. When his term of office was drawing to a close he went to church on a certain Sunday to receive the Lord's Supper. While studying his prayer book he observed that it was his duty if his brother had anything against him to seek a reconciliation before offering his gift. The ex-Attorney-General, Gellibrand, was present, a brother Christian who had had many things against him for many years. He had other enemies, some living and some dead, but they were absent. To be reconciled to all of them was an impossibility. He could not ask the minister to suspend the service while he went round Hobart Town looking for his enemies, and shaking hands with them. But he did what was possible. He rose from his knees, marched over to Gellibrand, and held out his hand. Gellibrand was puzzled; he looked at the hand and could see nothing in it. By way of explanation Colonel Arthur pointed out the passage in the prayer-book which had troubled his sensitive conscience. Gellibrand read it, and then shook hands. With a soul washed whiter than snow, the colonel approached the table.

Amongst the convicts every grade of society was represented, from King Jorgensen to the beggar. One Governor had a convict private secretary. Officers of the army and navy, merchants, doctors, and clergymen consorted with costermongers, poachers, and pickpockets. The law, it is sad to relate, had even sent out lawyers, who practised their profession under a cloud, and sometimes pleaded by permission of the court. But their ancient pride had been trodden in the dust; the aureole which once encircled their wigs was gone, and they were often snubbed and silenced by ignorant justices. The punishment for being found out is life-long and terrible. Their clients paid the fees partly in small change and partly in rum.

The defence of the seamen accused of murdering Captain Blogg was undertaken by Mr. Nicholas. He had formerly been employed by the firm of eminent solicitors in London who conducted the defence of Queen Caroline, when the "first gentleman in Europe" tried to get rid of her, and he told me that his misfortunes (forgeries) had deprived him of the honour of sharing with Lord Brougham the credit of her acquittal.

Many years had passed since that celebrated trial when I made the acquaintance of Nicholas. He had by this time lost all social distinction. He had grown old and very shabby, and was so mean that even his old friends, the convicts who had crossed the straits, looked down on him with contempt. He came to me for an elector's right, as a vote in our electorate--the Four Counties--was sometimes worth as much as forty shillings, besides unlimited grog. We were Conservatives then, true patriots, and we imitated--feebly, it is true, but earnestly--the time-honoured customs of old England.

Mr. Nicholas had been a man of many employments, and of many religions. He was never troubled with scruples of conscience, but guided his conduct wholly by enlightened self-interest. He was a Broad Churchman, very broad. As tutor in various families, he had instructed his pupils in the tenets of the Church of England, of the Catholics, of the Presbyterians, and of the Baptists. He always professed the religion of his employer for the time being, and he found that four religions were sufficient for his spiritual and temporal wants. There were many other sects, but the labour of learning all their peculiar views would not pay, so he neglected them. The Wesleyans were at one time all-powerful in our road district, and Nicholas, foreseeing a chance of filling an office of profit under the Board, threw away all his sins, and obtained grace and a billet as toll-collector or pikeman. In England the pike-man was always a surly brute, who collected his fees with the help of a bludgeon and a bulldog, but Nicholas performed his duties in the disguise of a saint. He waited for passengers in his little wooden office, sitting at a table, with a huge Bible before him, absorbed in spiritual reading. He wore spectacles on his Roman nose, had a long grey beard, quoted Scripture to chance passengers, and was very earnest for their salvation. He was atoning for the sins of his youth by leading the life of a hermit by praying and cheating. He has had many followers. He made mistakes in his cash, which for a while were overlooked in so good a man, but they became at length so serious that he lost his billet. He had for some time been spoken of by his friends and admirers as "Mr. Nicholas," but after his last mistakes had been discovered, he began to be known merely as "Old Nick the Lawyer," or "Old Nick the Liar," which some ignorant people look upon as convertible terms. I think Lizard Skin, the cannibal, was a better Christian than old Nick the lawyer, as he was brave and honest, and scorned to tell a lie.

The convict counsel for the four seamen defended them at a great expenditure of learning and lies. He argued at great length:-- "That there was no evidence that a master mariner named Blogg ever existed; that he was an outlaw, and, as such, every British subject had an inchoate right to kill him at sight, and, therefore, that the seamen, supposing for the sake of argument that they did kill him, acted strictly within their legal rights; that Blogg drowned himself in a fit of delirium tremens, after being drunk on rum three days and nights consecutively; that he fell overboard accidentally and was drowned; that the cook and mate threw him overboard, and then laid the blame on the innocent seamen; that Blogg swam ashore, and was now living on an unchartered island; that if he was murdered, his body had not been found: there could be no murder without a corpse; and finally, he would respectfully submit to that honourable court, that the case bristled with ineradicable difficulties."

The seamen would have been sent to the gallows in any case, but Nicholas' speech made their fate inevitable. The court brushed aside the legal bristles, and hanged the four seamen on the evidence of the mate and the cook.

The tragedy of the gallows was followed by a short afterpiece. Jim Parrish, Ned Tomlins, and every whaler and foremast man in Hobart Town and on the Tamar, discussed the evidence both drunk and sober, and the opinion was universal that the cook ought to have sworn an oath strong enough to go through a three-inch slab of hardwood that he had seen Captain Blogg carried up to heaven by angels, instead of swearing away the lives of men who had taken his part when he was triced up to the mast. The cook was in this manner tried by his peers and condemned to die, and he knew it. He tried to escape by shipping on board a schooner bound to Portland Bay with whalers. The captain took on board a keg of rum, holding fifteen gallons, usually called a "Big Pup," and invited the mate to share the liquor with him. The result was that the two officers soon became incapable of rational navigation. Off King's Island the schooner was hove to in a gale of wind, and for fourteen days stood off and on--five or six hours one way, and five or six hours the other--while the master and mate were down below, "nursing the Big Pup." The seamen were all strangers to the coast, and did not know any cove into which they could run for refuge. The cook was pitched overboard one dark night during that gale off King's Island, and his loss was a piece of ancient history by the time the master and mate had consumed the rum, and were able to enter up the log.

Ex-Attorney-General Gellibrand sailed to Port Philip to look for country in Australia Felix, and he found it. He was last seen on a rounded hill, gazing over the rich and beautiful land which borders Lake Colac; land which he was not fated to occupy, for he wandered away and was lost, and his bones lay unburied by the stream which now bears his name.

When Colonel Arthur's term of office expired he departed with the utmost ceremony. The 21st Fusiliers escorted him to the wharf. As he entered his barge his friends cheered, and his enemies groaned, and then went home and illuminated the town, to testify their joy at getting rid of a tyrant. He was the model Governor of a Crown colony, and the Crown rewarded him for his services. He was made a baronet, appointed Governor of Canada and of Bombay, was a member of Her Majesty's Privy Council, a colonel of the Queen's Own regiment, and he died on September 19th, 1854, full of years and honours, and worth 70,000 pounds.

Laming was left an orphan by the death of Lizard Skin. The chief had grown old and sick, and he sat every day for two years on a fallen puriri near the white man's pah, but he never entered it. His spear was always sticking up beside him. He had a gun, but was never known to use it. He was often humming some ditty about old times before the white man brought guns and powder, but he spoke to no one. He was pondering over the future of his tribe, but the problem was too much for him. The white men were strong and were overrunning his land. His last injunction to his warriors was, that they should listen to the words of his Pakeha, and that they should be brave that they might live.

When the British Government took possession of New Zealand without paying for it, they established a Land Court to investigate the titles to lands formerly bought from the natives, and it was decided in most cases that a few axes and hoes were an insufficient price to pay for the pick of the country; the purchases were swindles. Laming had possession of three or four hundred acres, and to the surprise of the Court it was found that he had paid a fair price for them, and his title was allowed. Moreover, his knowledge of the language and customs of the Maoris was found to be so useful that he was appointed a Judge of the Land Court.

The men who laid the foundations of empire in the Great South Land were men of action. They did not stand idle in the shade, waiting for someone to come and hire them. They dug a vineyard and planted it. The vines now bring forth fruit, the winepress is full, the must is fermenting. When the wine has been drawn off from the lees, and time has matured it, of what kind will it be? And will the Lord of the Vineyard commend it?

FIRST SETTLERS.

The first white settler in Victoria was the escaped convict Buckley; but he did not cultivate the country, nor civilise the natives. The natives, on the contrary, uncivilised him. When white men saw him again, he had forgotten even his mother tongue, and could give them little information. For more than thirty years he had managed to live--to live like a savage; but for any good he had ever done he might as well have died with the other convicts who ran away with him. He never gave any clear account of his companions, and many people were of opinion that he kept himself alive by eating them, until he was found and fed by the blacks, who thought he was one of their dead friends, and had "jumped up a white fellow."

While Buckley was still living with the blacks about Corio Bay, in 1827, Gellibrand and Batman applied for a grant of land at Western Port, where the whalers used to strip wattle bark when whales were out of season; but they did not get it.

Englishmen have no business to live anywhere without being governed, and Colonel Arthur had no money to spend in governing a settlement at Western Port. So Australia Felix was unsettled for eight years longer.

Griffiths & Co., of Launceston, were trading with Sydney in 1833. Their cargo outward was principally wheat, the price of which varied very much; sometimes it was 2s. 6d. a bushel in Launceston, and 18s. in Sydney. The return cargo from Port Jackson was principally coal, freestone, and cedar.

Griffiths & Co. were engaged in whaling in Portland Bay. They sent there two schooners, the 'Henry' and the 'Elizabeth', in June, 1834. They erected huts on shore for the whalers. The 'Henry' was wrecked; but the whales were plentiful, and yielded more oil than the casks would hold, so the men dug clay pits on shore, and poured the oil into them. The oil from forty-five whales was put into the pits, but the clay absorbed every spoonful of it, and nothing but bones was gained from so much slaughter. Before the 'Elizabeth' left Portland Bay, the Hentys, the first permanent settlers in Victoria, arrived in the schooner 'Thistle', on November 4th, 1834.

When the whalers of the 'Elizabeth' had been paid off, and had spent their money, they were engaged to strip wattle bark at Western Port, and were taken across in the schooner, with provisions, tools, six bullocks and a dray. During that season they stripped three hundred tons of bark and chopped it ready for bagging. John Toms went over to weigh and ship the bark, and brought it back, together with the men, in the barque 'Andrew Mack'.

WRECK OF THE CONVICT SHIP "NEVA," ON KING'S ISLAND.

She sailed from Cork on January 8th, 1835, B. H. Peck, master; Dr. Stevenson, R.N., surgeon. She had on board 150 female prisoners and thirty-three of their children, nine free women and their twenty-two children, and a crew of twenty-six. Several ships had been wrecked on King's Island, and when a vessel approached it the mate of the watch warned his men to keep a bright look out. He said, "King's Island is inhabited by anthropophagi, the bloodiest man eaters ever known; and, if you don't want to go to pot, you had better keep your eyes skinned." So the look-out man did not go to sleep.

Nevertheless, the 'Neva' went ashore on the Harbinger reef, on May 13th unshipped her rudder and parted into four pieces. Only nine men and thirteen women reached the island; they were nearly naked and had nothing to eat, and they wandered along the beach during the night, searching amongst the wreckage. At last they found a puncheon of rum, upended it, stove in the head, and drank. The thirteen women then lay down on the sand close together, and slept. The night was very cold, and Robinson, an apprentice, covered the women as well as he could with some pieces of sail and blankets soaked with salt water. The men walked about the beach all night to keep themselves warm, being afraid to go inland for fear of the cannibal blackfellows. In the morning they went to rouse the women, and found that seven of the thirteen were dead.

The surviving men were the master, B. H. Peck, Joseph Bennet, Thomas Sharp, John Watson, Edward Calthorp, Thomas Hines, Robert Ballard, John Robinson, and William Kinderey. The women were Ellen Galvin, Mary Stating, Ann Cullen, Rosa Heland, Rose Dunn, and Margaret Drury.

For three weeks these people lived almost entirely on shellfish. They threw up a barricade on the shore, above high water mark, to protect themselves against the cannibals. The only chest that came ashore unbroken was that of Robinson the apprentice, and in it there was a canister of powder. A flint musket was also found among the wreckage, and with the flint and steel they struck a light and made a fire. When they went down to the beach in search of shellfish, one man kept guard at the barricade, and looked out for the blackfellows; his musket was loaded with powder and pebbles.

Three weeks passed away before any of the natives appeared, but at last they were seen approaching along the shore from the south. At the first alarm all the ship-wrecked people ran to the barricade for shelter, and the men armed themselves with anything in the shape of weapons they could find. But their main hope of victory was the musket. They could not expect to kill many cannibals with one shot, but the flash and report would be sure to strike them with terror, and put them to flight.

By this time their diet of shellfish had left them all weak and emaciated, skeletons only just alive; the anthropophagi would have nothing but bones to pick; still, the little life left in them was precious, and they resolved to sell it as dear as they could. They watched the savages approaching; at length they could count their number. They were only eleven all told, and were advancing slowly. Now they saw that seven of the eleven were small, only picaninnies. When they came nearer three out of the other four were seen to be lubras, and the eleventh individual then resolved himself into a white savage, who roared out, "Mates ahoy!"

The white man was Scott, the sealer, who had taken up is abode on the island with his harem, three Tasmanian gins and seven children.

They were the only permanent inhabitants; the cannibal blacks had disappeared, and continued to exist only in the fancies of the mariners. Scott's residence was opposite New Year's Island not far from the shore; there he had built a hut and planted a garden with potatoes and other vegetables. Flesh meat he obtained from the kangaroos and seals. Their skins he took to Launceston in his boat, and in it he brought back supplies of flour and groceries. He had observed dead bodies of women and men, and pieces of a wrecked vessel cast up by the sea, and had travelled along the shore with his family, looking for anything useful or valuable which the wreck might yield. After hearing the story, and seeing the miserable plight of the castaways, he invited them to his home. On arriving at the hut Scott and his lubras prepared for their guests a beautiful meal of kangaroo and potatoes. This was their only food as long as they remained on King's Island, for Scott's only boat had got adrift, and his flour, tea, and sugar had been all consumed. But kangaroo beef and potatoes seemed a most luxurious diet to the men and women who had been kept alive for three weeks on nothing but shellfish.

Scott and his hounds hunted the kangaroo, and supplied the colony with meat. The liver of the kangaroo when boiled and left to grow cold is a dry substance, which, with the help of hunger and a little imagination, is said to be as good as bread.

In the month of July, 1835, heavy gales were blowing over King's Island. For fourteen days the schooner 'Elizabeth', with whalers for Port Fairy, was hove to off the coast, standing off and on, six hours one way and six hours the other. Akers, the captain, and his mate got drunk on rum and water daily. The cook of the 'Industry' was on board the 'Elizabeth', the man whom Captain Blogg was flogging when his crew seized him and threw him overboard. The cook also was now pitched overboard for having given evidence against the four men who had saved him from further flogging.

At this time also Captain Friend, of the whaling cutter 'Sarah Ann', took shelter under the lee of New Year's Island, and he pulled ashore to visit Scott the sealer. There he found the shipwrecked men and women whom he took on board his cutter, and conveyed to Launceston, except one woman and two men. It was then too late in the season to take the whalers to Port Fairy. Captain Friend was appointed chief District Constable at Launceston; all the constables under him were prisoners of the Crown, receiving half a dollar a day. He was afterwards Collector of Customs at the Mersey.

In November, 1835 the schooner 'Elizabeth' returned to Launceston with 270 tuns of oil. The share of the crew of a whaling vessel was one-fiftieth of the value of the oil and bone. The boat-steerer received one-thirtieth, and of the headmen some had one-twenty-fifth, others one-fifteenth. In this same year, 1835, Batman went to Port Phillip with a few friends and seven Sydney blackfellows. On June 14th he returned to Van Diemen's Land, and by the 25th of the same month he had compiled a report of his expedition, which he sent to Governor Arthur, together with a copy of the grant of land executed by the black chiefs. He had obtained three copies of the grant signed by three brothers Jagga-Jagga, by Bungaree, Yan-Yan, Moorwhip, and Marmarallar. The area of the land bought by Batman was not surveyed with precision, but it was of great extent, like infinite space, whose centre is everywhere, and circumference nowhere. And in addition he took up a small patch of one hundred thousand acres between the bay and the Barwon, including the insignificant site of Geelong, a place of small account even to this day. Batman was a long-limbed Sydney native, and he bestrode his real estate like a Colossus, but King William was a bigger Colossus than Batman--he claimed both the land and the blacks, and ignored the Crown grant.

Next, John Fawkner and his friends chartered the schooner 'Enterprise' for a voyage across the Straits to Australia Felix. He afterwards claimed to be the founder of Melbourne. He could write and talk everlastingly, but he had not the 'robur' and 'as triplex' suitable for a sea-robber. Sea-sickness nearly killed him, so he stayed behind while the other adventurers went and laid the foundation. They first examined the shores of Western Port, then went to Port Philip Bay and entered the River Yarra. They disembarked on its banks, ploughed some land, sowed maize and wheat, and planted two thousand fruit trees. They were not so grasping as Batman, and each man pegged out a farm of only one hundred acres. These farms were very valuable in the days of the late boom, and are called the city of Melbourne. Batman wanted to oust the newcomers; he claimed the farms under his grant from the Jagga-Jaggas. He squatted on Batman's Hill, and looked down with evil eyes on the rival immigrants. He saw them clearing away the scrub along Flinders Street, and splitting posts and rails all over the city from Spencer Street to Spring Street, regardless of the fact that the ground under their feet would be, in the days of their grandchildren, worth 3,000 pounds per foot. Their bullock-drays were often bogged in Elizabeth Street, and they made a corduroy crossing over it with red gum logs. Some of these logs were dislodged quite sound fifty years afterwards by the Tramway Company's workmen.

DISCOVERY OF THE RIVER HOPKINS.

"Know ye not that lovely river? Know ye not that smiling river? Whose gentle flood, by cliff and wood, With 'wildering sound goes winding ever."