Chapter 32

The colonial office at first did not deny, what indeed was unquestionable, that such hopes had been given, and not until twelve months after Lord Grey maintained that his discretion was not limited by his promise. Mr. Jackson again remonstrated with the minister on behalf of the colony. Earl Grey directed Mr. Hawes to assure him the government earnestly desired to meet the wishes of the inhabitants of Van Diemen's Land for the discontinuance of transportation (March, 17, 1849). The opinion of British legislators of high pretensions having confirmed the colonial interpretation, Earl Grey made another effort to recover New South Wales. He once more instructed Sir C. Fitz Roy to reopen the discussion (Nov. 19, 1849), and a message for this purpose was sent to the legislature (June, 1850). A new election meantime occurred, and the people, supposing the question irrevocably settled, had exacted no pledges from the members. Mr. Lamb, then a crown nominee, proposed (August, 1850), a series of resolutions confirming the previous decision, and declaring that tranquillity could only be restored by revoking "the order in council." The debate on these resolutions was postponed until the 27th of September, when it was understood counter propositions would be submitted.

The proposal to revive transportation in New South Wales was under discussion when the speech of Earl Grey's reached the colonies. The people were called together to consult on their own affairs and naturally turned to the policy of government as exhibited in Tasmania. The resolution of the 9th of August obtained an immediate response, and gave a new aspect to the agitation. The great Sydney meeting (September 16) "pledged themselves to co-operate with their brethren in Van Diemen's Land;" and an association then formed for preventing the revival of transportation opened a channel of communication. The _Sydney Herald_, the chief organ of the abolition cause, remarked, "the best way of dealing with this and all other evasions is that suggested by the people of Van Diemen's Land, the formation of a great Australian confederacy" (September 16). The people of Port Phillip "tendered their deep sympathy and hearty concurrence and co-operation," and appointed a provisional committee to take such measures as might be deemed necessary to obtain complete redress. The unity of the colonies became thenceforth the favorite topic, and nothing remained but to give to this important sentiment a practical direction. Meanwhile (1st October), the council of New South Wales decided on the despatch of Earl Grey, so far as related to themselves. An amendment of Mr. M'Arthur, to receive selected exiles with three emigrants for each, although supported by the eloquence of Wentworth, was defeated, and Mr. Lamb's motion carried without a division. The abolitionists had made efforts to secure unexampled demonstrations without, and to determine the question for ever. They held meetings daily, and called into action all the agents of political agitation. The ladies imitated the mothers and daughters of Van Diemen's Land, and petitioned. The members on the popular side were encouraged by the countenance of the bishops and clergy of all persuasions. The judges gave the weight of their experience on the same side. Five hundred persons memorialised the council in favor of transportation. Thirty-six thousand protested against it. The Port Phillip members who went up to Sydney on this errand alone, to secure a majority of the side of abolition, were met by the citizens at the water side and escorted in triumph. The debates were more prolonged than any known before--Australian eloquence exhausted the topic, and satisfied the public judgment for ever. Mr. Wentworth in supporting the amendment yet declared his aversion to transportation, and his belief that nothing but a powerful confederation of the colonies would prevail against it.[261] The governor was neutral: the official members of the house withdrew: but the attorney-general rose from the deserted benches, and claiming to perform a duty as a citizen who had watched transportation in all its stages and results, gave an irresistible testimony on the side of social freedom.

A common interest in the liberation of Tasmania being thus avowed by the continental colonies, it became necessary to settle the principles of their confederation. The Rev. John West of Launceston, who had first mooted the measure, was deputed to consult with the colonists resident at Hobart Town. Meetings were accordingly held at the dwelling house of Mr. Hopkins of that city during several weeks, and the whole question of transportation in its colonial aspect was largely discussed. An impression seemed to prevail that the theory of dispersion, as originally propounded by Earl Grey, might have been beneficial to the empire and desirable for the convicts, and but slightly injurious to the colonies. It was clear, however, that the resolution of the free colonies was irrevocable, and that the continuance of transportation would pour an incessant and destructive stream of crime into Van Diemen's Land. Nor was it possible to make common cause with the adjacent communities but by supporting the object of their local resistance. Without reference to theories no longer practicable, an agreement was drawn up by Mr. Pitcairn, and signed by the gentlemen present, in the following terms:--"We the undersigned, deeply impressed by the evils which have arisen from the transportation of the criminals of Great Britain to the Australian colonies, declare that transportation to any of the colonies ought for ever to cease, and we do hereby pledge ourselves to use all lawful means to procure its abolition--Robert Pitcairn, Thomas D. Chapman, Henry Hopkins, G. C. Clarke, Joseph Allport, John West, F. Haller, G. W. Walker, William Rout, Henry Smith, P. T. Smith, Robert Officer."

Having thus secured concurrence in the object to be sought, the initiation of practical measures was remitted to the Association of Launceston. At an adjourned meeting of that body, on 10th October, the secretary, Mr. Crookes, was instructed to propose a conference of delegates from each of the colonies, to be held at Victoria. This proposal was instantly adopted by the abolitionists of Melbourne: the mayor was requested to forward invitations, and to fix the time of meeting for January, 1851. The people of New South Wales and South Australia found it inconvenient to comply with this arrangement, but expressed the most cordial interest in its issue. The Associations of Hobart Town and Launceston selected, as their delegates, the Rev. J. West and W. P. Weston, Esq., who, for some years, had been actively engaged in the struggle against transportation. A public breakfast was given by their constituents at the port of embarkation, at which Mr. Sharland presided. The delegates explained their views. They were going forth to change the policy of a mighty empire. "We," said they, "assert that a community should deal with its own crime; at least, so deal with it that, in its disposal, it shall not injure those who have never offended,--so that, at least, the honest labourer shall not be brought into unfavorable competition with the hardened criminal,--so that, at all events, our sons shall not be driven from their homes to seek employment in distant lands, there to meet suspicion and contempt." They disclaimed all intentions inconsistent with constitutional loyalty, and all weapons but those of justice and truth. "We are a loyal people, and have given abundant proof of our loyalty, but it is not an unalterable principle. There is an old proverb: 'The sweetest wine makes the sourest vinegar.'" On the departure of the delegates (Jan. 15, 1851) they were attended by the Launceston Association and a large concourse of people. The vessels in the harbour were decorated with their colours, and the whole scene was imposing. Three cheers were given for the Australasian Conference, and three for the Queen. As the vessel moved from the wharf, the band struck up the air which well expressed the feelings of the moment--"Rule Britannia: Britons never shall be slaves." "In a few weeks," said a spectator, "the Australasian League will be a great fact--an epoch in the history of Australia. We have seen the beginning of the end."

When the delegates landed at Victoria they were warmly welcomed. An address was read and presented to them by the mayor, Mr. Westgarth, the member for Melbourne, Mr. Stawell, and other gentlemen of the association. "We bid you," said they, "God speed, in the high and holy mission on which you come. Rest assured that the colonists of Victoria will go with you heart and hand, and they will not cease their efforts until the emancipation of the Australian colonies from the oppression of British crime shall be fully accomplished." "You," said the delegates in reply, "can confer no greater honor on the province that bears the name of Victoria, than by initiating measures which may assure the Australian world that that illustrious name shall everywhere be the guarantee of justice and truth." The delegates and the local association met in the town council chamber, and concerted the plans of future action. After several protracted sittings the terms of confederation were settled, and a "LEAGUE AND SOLEMN ENGAGEMENT" formed for the Australian world.[262]

This covenant bound the subscribers to reject convict labour afterwards arriving; to employ their powers electoral, official, and legislative, for the extinction of transportation; and to afford their utmost assistance to all who might suffer in the lawful promotion of the cause. Another article, pledging non-intercourse with obstinate transportationists, was expunged on the motion of Messrs. West and Stawell, as scarcely within the range of moral force, and needless in the state of public feeling. To frame a confederation securing perfect independence of action in the separate colonies, and the effective co-operation of all, was a more difficult task. This, was, however, fully accomplished. The members, admitted by subscription alone, elected the provincial councils, who appointed their delegates. These formed the general conference. This body enacted the rules of united operation; they appointed an executive board to carry them out, and nominated gentlemen in London to direct operations in Great Britain. The local councils retaining control over the funds collected within their bounds were authorised to contribute for common purposes, and to appoint paid delegates to carry home their remonstrances to the English government and people. Such was the constitution of the League, which may hereafter suggest the union of the colonies under the sanction of the crown. The delegates adopted addresses to the British and the Australian public. To the colonies they depicted the vast moment of this agitation, and invoked their instant and earnest aid, closing with these solemn appeals: "Ponder deeply, fellow colonists of Australia, the prospect that lies before you. Consider well the moral and even the merely economical relations of the question. Reflect on the subject of the administration of justice, not only with reference to its enormous expense, but also as to the social effect of the ceaseless and weary labours of our criminal courts. Reflect on the vast and gloomy gaols that must meet our eyes in a noble and fruitful land, where prosperity should have banished almost the remembrance of crime; on the arrays of our police that ever remind us of the noxious elements of our communities; and think, too, of our daily press that might edify a virtuous public by accounts of incessant progress and well doing, but which, faithful to the cause of truth, must ever teem with the harrowing evidence of the depravity of our fellow-beings. And again turn to the scene that so frequently closes upon the career of the convict. Consider the helpless pauperism of improvidence; constitutions ruined by vice and profligacy; asylums and hospitals overflowing with degraded and wretched outcasts, descending to the grave without respect and without sympathy, quitting a world which they had only dishonoured and abused."

"In conclusion, fellow colonists, with reference to this momentous question, let us not argue with the home government either on the law of the case, whether that be with them or with us, or on the relative power of the contending parties. The accidents of law or force, whichever way they might prevail, can never remedy the social disorders we complain of. Let us then represent to the British government, to the British parliament, and to the British public, that in the present state and prospects of the world, it is a great moral obligation on the part of our parent state, not to eject her criminals into other societies already charged with their own, but to retain and manage them within herself."

In their address to the united kingdom they united remonstrance with warning: "We ask our fellow countrymen" said they, "to look at the map of the world; to measure the distance between England and her Australian dependencies; to mark their geographical relations with gigantic empires; and to estimate aright their future importance as elements of her wealth, greatness, and glory. 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, to relieve the gaols of Great Britain--if their youth cannot visit any country under an Australian flag without being made to feel that they were born in a degraded section of the globe, we are at a loss to imagine what advantages conferred by the sovereignty of Great Britain can compensate for the stigma of its brand."

"We address the words of supplication, not of threatening. A few short years, and that which is now a grievance will grow into a quarrel. By instant concession, an act of justice will become a monument of imperial clemency. But these colonies are solemnly pledged, each to the other, by their mutual interests,--their future destinies,--their fellowship of weal and woe,--and now by their League and Solemn Engagement, to achieve the freedom of their common country."

Having arranged the plan of action, the association convened a meeting of the Victorians. On the memorable 1st of February, 1851, the league was solemnly inaugurated, being signed by the Tasmanian delegates, and by the mayor, William Nicholson, Esq., William Westgarth, Esq., M.L.C., and Montgomery Bell, Esq., alderman, as delegates for Melbourne. This done, a banner of deep blue, spangled with the Southern cross, adorned with the national colors, and bordered with white on which the date of the confederation was traced in letters of gold, was unfurled and greeted with the loud acclamations of the assembly. A council of nine was afterwards elected by ballot, composed of the most eminent citizens, the mayor being president.[263]

It was determined to raise £20,000 as a league fund in the Australian colonies. Warmed by the advice and example of Mr. Bell, the opulent supporters of the cause resolved to take the chief burden on themselves. The delegates for Melbourne each subscribed one hundred guineas. Mr. Moor, the member for Port Phillip, added fifty to this sum as a special token of his sympathy with Tasmania. Thirty houses of business followed with one hundred guineas each. The mayor of Geelong, Dr. Thompson, set an example of similar liberality. A thousand persons met the delegates in that town; formed their own council, and embraced the league with enthusiasm. In less than a month nearly £7,000 was subscribed in Victoria alone.

But while the people were thus liberal in promoting the social freedom, their benevolence was drawn into another channel. A mournful visitation desolated the homes, and destroyed the lives of several of their fellow citizens. On the 6th of February, known as "black Thursday," the thermometer was 115 in the shade, the sun, obscured by murky mists, looked like a globe of blood, the air was loaded with smoke and ashes, and as the night closed in, columns of fire were seen every where in the distance. The uninclosed country was sweept by the resistless element. Sometimes swifter than the fleetest horse, it overtook the traveller who could preserve his life only by facing round and dashing through its least impervious range. The parched leaves of the forest kindled at the first glance of the flame. Sheep and cattle fell dead--farms and stock yards were destroyed in a few minutes. In many instances the blaze encircled the unfortunate before the danger was perceived. A strong hot wind bore along ashes, and carried them far over the ocean, where falling on the decks of vessels fifty miles from land, the passengers were terrified with vague apprehension, or thought that the end of the world was come. The effects of this devastation were in some places appalling. The Barrabool Hills, near Geelong, a district of romantic beauty celebrated for its vines, and occupied by small holders, were covered with blackened ruins. The whole family of Mr. M Leland, a settler near Melbourne, perished. The fire suddenly seized his dwelling and intercepted his escape. His wife and five children dropt one by one: he endeavoured to save his little boy, but he was suffocated in his arms; the unhappy parent was himself discovered a few hours after, by a shepherd, in a creek, where he had found refuge from his dread pursuer.

The mayor and corporation of Melbourne, then the only representative body in the province, presented the Tasmanian delegates with an address, and entertained them with splendid hospitality. A banner, bought by general subscription, was committed to their charge as a present to the colonists of Tasmania. The ladies of Victoria graced the ceremony of presentation. In giving this beautiful emblem of Australian re-union, "Gentlemen," said the mayor, "I pray you to receive it in the name of the people of Port Phillip, and may it remain nailed to the mast until these colonies are emancipated from convictism." "We accept it, with gratitude," they replied,--"May the flag which adorns it ever float above it in mild sovereignty: the noble nation from which we sprung will applaud and assist us. Such are our hopes; but whether they are doomed to disappointment or not, we shall discharge our duty as subjects, and then commit our cause to the righteous judgment of God. May He watch over our proceedings; may He permit us to add another 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."

By this time the people of New South Wales became warmly interested in the league. No time was lost. To obtain the active assistance of that great colony was to insure success. Messrs. Moore and Westgarth, members of the legislature, and Dr. Thompson, mayor of Geelong, were deputed to act in the metropolis for Victoria. The delegates of Tasmania returned home. The banner intrusted to their care was publicly delivered at a meeting, of which, Mr. Dry was chairman.[264] Councils were chosen for north and south Tasmania, and several thousand pounds were added to the league fund.

Messrs. West and Weston were commissioned to attend the conference at Sydney. Joined by the delegates for Victoria, they landed in March. A large concourse of citizens assembled at the Royal Hotel, where an address, breathing encouragement and hope, was read by Mr. Charles Cowper, in the name of the New South Wales association. The delegates, invited to a public banquet in honor of their mission, were met by the city members, the mayor, the principal merchants, and professional gentlemen. The immense wool store of Messrs. Mort, decorated for the occasion, exhibited a striking scene of luxury and magnificence. Speeches, such as Britons make when their hearts are loyal and their wrongs are felt, promised a hearty struggle, and predicted a certain victory. A public meeting of the colonists assembled to recognise the League, and dissolve the colonial association. Dr. Lang proposed another covenant drawn up by himself. It recited the chief facts stated in that of Victoria, but added: "And if it should be necessary in the struggle upon which we are now deliberately entering, for the protection and defence of our adopted country, as well as in the vindication of our rights as Britons, ... to have recourse to the last remedy of the oppressed, we appeal to God and the world, as to whether we shall not have indefeasible right and eternal justice on our side. So help us God." A league, based on moral force, and disclaiming all weapons but those of persuasion and entreaty, was evidently at an end if armed resistance were contemplated as the final resource. The earnest objections of the delegates were supported by Mr. Lamb. The mercantile and professional classes decidedly disapproved of the substitution; but the strength of numbers might have carried the threatening clause had not Dr. Lang consented to abandon it. Never was the league in so much danger, it being determined by the delegates to relinquish all idea of confederation on any terms inconsistent with constitutional resistance. A proposal to join the league was carried amidst triumphant cheering. A council was chosen by ballot. Messrs. Charles Cowper, Robert Campbell, and Gilbert Wright were appointed delegates for New South Wales. The most impressive meeting held by the delegates, was convened in the congregational church of Sydney. A thousand persons, chiefly heads of families, and of both sexes, listened with absorbing interest to the appeals of clergymen, protestant and catholic, to principles familiar to the patriot and the christian. The venerable metropolitan, in accounting for his absence, recorded his conviction in terms suited to his office and experience, and in a strain of reproof and warning, which no government will venture to disregard.[265] The first conference of the united colonies was held in the city of Sydney and closed its labours on the 1st day of May, 1851. A permanent executive board and a London delegation, were nominated; Mr. Charles Cowper being appointed the first president of the Australasian League, and Mr. Gilbert Wright, secretary.