Chapter 33

The appointment of Mr. J. C. King as the delegate for Melbourne, and other gentlemen resident in London to act in the same capacity, was intended to agitate the colonial cause beneath the walls of parliament, and thus by multiplied agencies to weary the ministers into justice--to conquer their obstinacy by a perpetual coming. It was the earnest desire of the founders of the league to employ all possible means consistent with loyal and constitutional principles, that the blame of ultimate consequences, if adverse, might remain with the servants of the crown. A letter of instructions addressed to Mr. J. A. Jackson and other delegates by the executive board of the league and signed by the president, stated clearly the duties which devolved upon them. "You will bear in mind that yours is the work of testimony, that we do not hold you responsible for the result. We are discharging by you a duty we owe to the parent country. We wish you to state our case; to deprecate the evils we suffer. We wish you to depict the vast resources and unrivalled beauty of these colonies, and to insist on the injustice and folly of degrading them to the purposes of a prison. We are anxious that you should tell our countrymen at home, that here is a land capable of boundless prosperity, that our whalers fish upon our coasts, that we number our sheep by millions, that our wheat is famed in every market in the world; that there are millions of acres over which the plough may be driven, and where the axe is not required as pioneer. You will tell them that we love our native country, and rejoice in our share of her heritage of glory, that we offer our filial duty and manly affiance, but, that we offer them on this condition, that we, and our children, and their country, shall be _free_. This granted, every hour will strengthen the relations already established between us; but should the object of our League, so near to our hearts, fail us, should the British public prove deaf or indifferent, or the minister prove inexorable, your mission will have been discharged; and we must await, as best we may, the development of those providential purposes which are often most obscure when they are nearest the dawn. 'England has no right to cast out amongst other nations, or upon naked shores, either her poverty or her crime. This is not the way in which a great and wealthy people, a MOTHER OF NATIONS, ought to colonize.'"

"Never has the question of transportation assumed a greater importance than at the present moment. The colonists are fretted by the vacillation of her Majesty's government, but they are anxious to know that their honor and happiness are compatible with their present political relations. The plantation of new colonies in our vicinity, the now constant intercourse with the American continent, the discovery of gold fields, large in extent and abundant in production, on the Western Cordilleras of New South Wales, and the thence certain rapid influx of population, all make the future an object of solicitude. It may be your happiness to contribute to the achievement of this great moral victory, to the removal of those intolerable burdens imposed by a despotic minister, and permitted by the indifference of the British Nation,--and thus to the establishment of a closer union between these colonies and the parent state."

The chief reliance of the confederates, however, was on the approaching elections. The new constitutional act demanded a fresh appeal to the people. The constituencies of the Australian world were to decide its fate. The issue was no longer doubtful, except where the right of voting was conferred on few, and the influence of squatters paramount. Such places, were however, comparatively numerous, and a hard and earnest struggle was expected in the northern district of New South Wales. The conference of the League terminated its sittings on the 1st of May. On the 5th, the official corps of Victoria, the representatives and the delegates, left the wharf of Sydney, and amidst the cheers and forebodings of many quitted a political connection which had been often the source of angry strife. Victoria and New South Wales were now separate governments. The new colony, gigantic in its youth, threatened the supremacy of the middle district, while Moreton Bay was clamorous for a separate executive.

But on the 6th of May a discovery was announced, which changed the fortunes of the Australian empire. The predictions of science were fulfilled. It was stated in the _Quarterly Review_, (Sept. 1850), that New South Wales would probably be found wonderfully rich in precious metals. Scarcely had the conjecture reached the colony before it was verified, and Mr. Hargraves, a practical miner, discovered the gold of Bathurst. 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. Mr. Wentworth was the first to announce the altered position of the question. He reminded the electors that he was originally opposed to the revival or continuance of transportation, could it by any means be got rid of in the whole Australian group, and that this was no longer impossible; "that a new and unexpected era had dawned, which in a few years would precipitate the colony into a nation." He, therefore, pledged himself to join with them in any remonstrance intended to terminate transportation, and to prevent the formation of any penal settlement in the southern hemisphere.[266] This manifesto was adopted by the former advocates of transportation in New South Wales, from the loftiest even to the least. Gold fields beyond the dreams of oriental vision were rapidly unfolded. The relations of labor and capital were entirely deranged, and the future became uncertain and perplexing. A few employers who imagined that their personal interests would be considered, grew more earnest for convict labor, not thinking how it could be retained, or caring for the crime and misery it might entail. But they were few. More generous spirits sympathised with the general aspect of a change which promised to people a region as fair and fertile, and as large as Europe. The strenuous resistance of transportation had cleared the character of the colonists, and proved that their feelings harmonised with the universal and unchangeable convictions of mankind. The first news of this great discovery was accompanied by the strongest evidence of Australian loyalty to the common law of nations. "The success of the confederation (said the first journal of Europe), forms a remarkable indication of a feeling in all the Australian colonies of a more elevated character than they have hitherto obtained credit for. It becomes more than ordinarily important to ascertain the exact nature of that moral and social atmosphere which so large a number of our countrymen are probably destined to breathe (October '51)."

On their return to Tasmania the delegates were greeted with addresses and public demonstrations. The settlers, with a manly consistency, despite the threatened scarcity of labor, adhered to their flag and responded with cheers to those who predicted a temporary struggle and a bright futurity. But the agents of the convict department endeavored to rekindle the last embers of jealousy and hate. To the employers they predicted ruin; to the houseowners, desolation and emptiness; to the publicans the reign of puritanism; to the emancipists the ascendancy of the free, to be followed by unextinguishable persecution. All the sentiments and epithets known in Irish polemics and Irish seditions were re-arranged in the convict service, and scattered with profusion. The League was assailed with peculiar virulence, and all its distinguished adherents held up to scorn as religious and immoral men, as hateful for their covetousness and contemptible for their poverty. Sometimes they were locusts, swarming everywhere; at others they were a scattered and miserable remnant--which the government and the convict party would speedily sweep away. The governor himself during a procession through the colony was cheered as the great champion of the pardoned, and placards represented that he had defeated a scheme of the settlers to deprive them of their votes. He entered the city in state--and while he passed under a triumphal arch, Mr. West, the Hobart Town delegate, was publicly gibbetted. But the Trades' Union, and an association of the Native Youth, assembled in the evening, and in the presence of many thousands, the well-dressed effigies of Earl Grey and the governor were thrown into an enormous fire.

Meanwhile the league was extended to South Australia. All the members of the legislature, except the officials, joined in a requisition to receive Messrs. West and Bell as delegates from Tasmania and Victoria (August, '51). All denominations warmly advocated the cause. The largest assembly ever gathered there--and including men who had never before united--carried the resolution, moved by the Bishop of Adelaide, "that the total cessation of transportation to the Australian colonies is essential to their honor, happiness, and prosperity." A meeting at Canterbury, New Zealand, called by Mr. Godley, adopted and subscribed the engagement (October, '51). Thus the five colonies, answering to the stars of the Southern Cross, had raised that sign of hope and union.

The writs for Tasmania were at length issued. The day of general nomination was remarkably brilliant. The principal candidates were attended with numerous banners and long processions. The ladies wore the colors of their parties, and even the children to the number of several hundreds, marched in the train of Mr. Dry, the popular candidate for Launceston. On one of their banners a passage taken from a pamphlet of the day was inscribed--"The last link of despotism is broken, when the children of the soil decree its freedom." The native youth for the first time bore an active share in this last attempt to secure the liberties of their country, and, in a public assembly, to petition for its success, displayed both moderation and ability--highly creditable considering the disadvantages under which they had labored. These efforts were successful. The country districts were in three cases disputed by the transportationists. They polled little more than a hundred votes, but in Hobart Town a more serious conflict was expected. Beside the lower class of expirees, many of the publicans and almost all in the service of the government were in favor of transportation, or compelled to support it. Mr. Young, a solicitor, after several candidates had offered and retired, determined on a contest with Messrs. Chapman and Dunn, the chairman and treasurer of the local league council: more than five hundred votes were polled in his interest, but the friends of freedom carried their candidates by a triumphant majority. The election at Hobart Town, accomplished in the face of every obstacle, demonstrated the strong and irrevocable desire of the people. The day of nomination was memorable in British history, the day when the signal of Nelson ran through the fleet--"England expects every man will do his duty." The speakers did not omit to apply an example so striking. A despatch of Sir William Denison (May, '50), recommending the grant of lands and other advantages to reconcile the less incorruptible advocates of abolition and marked "confidential," had just reached the colony, having been unaccountably inserted in the blue book. The moral choice of the people was still more strikingly manifest, when they disregarded such offers, whether considered as compensation or bribes, and rejected every advocate of transportation. Such appeals as the following were not heard in vain. "Now, let our signal be--'Tasmania expects every man to do his duty!' The first earnest of your privileges must be the utter extinction of slavery in this your adopted land. 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, your common inheritance, which has now for the first time dawned upon you, which has gilt your mountains and gladdened your valleys,--by the spirit of emancipation, and which at this very moment is beating in unison in strong pulsations through every artery of the island, until I can almost fancy that Nature herself heaves and sympathises with the universal emotion,--I call upon you, adjure you, to cast off every unworthy feeling, and remember only 'to do your duty' towards your own--your adopted land."[267]

By a violent exertion the convict party were held together until the day of polling:--then they disappeared with noise and riot, and were seen no more.

The reputable emancipists joined their emigrant countrymen. They held the balance in their hands. In the main they proved true to the principles which hold society together, and followed the dictates of parental affection. Many not actual members of the league supported its principles so far as they contemplated the social freedom of the Australian world. Thus all the preliminary steps were taken to secure the voice of the legislative councils, and throughout the southern hemisphere no representative of the people was found to stand up as the advocate of transportation. The proper moment for confederation had been found. A few months before it was unthought of--a few months after it would have been impracticable. The speech of Earl Grey, was intended to extinguish finally all hope of freedom, but struck out a spark and kindled a flame which none can quench.

The representatives were true. The council of New South Wales, the earliest to assemble, struck the first blow for Australasian liberty. They voted, not for the deliverance of their own colony only, but for the rescue of Van Diemen's Land. Mr. Lamb proposed resolutions charging Earl Grey with perfidy--Mr. King sought the same object in a milder form, and in November the whole house concurred in condemning transportation. The Victorian legislature, on the motion of Mr. Westgarth, adopted a similar protest, though in stronger terms. Supported by the law officers of the crown, the resolutions passed with perfect unanimity (Dec.), and they were promptly forwarded by Governor Latrobe, who expressed the warmest interest in their success. Thousands of expirees and absconders, allured by the prospect of sudden riches, descended upon that province and filled the inhabitants with astonishment. Hundreds who arrived in Van Diemen's Land in bondage, and many who quitted it without leave, became by a few days spoil, masters of from one hundred to a thousand pounds.

On the 16th December (1851), a series of resolutions were passed by the legislature of South Australia on the motion of Mr. Hall. Thus, three colonies, by a unanimous vote, pronounced the doom of transportation. Their governors were silent or approving. All, whether servants of the crown, or representatives of the people, united in one voice. Tasmania was the last to obtain the constitutional organization. On the 30th of December the governor met the men of the people, and found not one to sustain the policy of transportation. Mr. Dry, the first country born legislator, was unanimously elected to the speakership. The address presented to Sir Wm. Denison expressed deep regret that he had not considered it necessary to notice the all important subject of transportation, the violation of a pledge--broken by the ministers of the crown, or had been able to announce that his own earnest representations had concurred with the unanimous desire of the Tasmanian constituencies. This complaint he received in silence. On the 14th of January, the subject was brought before the house by Mr. Sharland, who moved twelve resolutions. They recorded the violated pledge of Earl Grey, the protests of the colony against transportation; they professed the warmest loyalty to the throne, and attachment to Great Britain, and they pronounced the unchangeable opposition of the house to transportation. The discovery of gold was stated as calculated to induce her Majesty's ministers to comply with the petitions of the people; "but if it should unhappily be otherwise" said the faithful representatives of Van Diemen's Land, "it is our duty as colonists, and as British subjects, to exert to the utmost all the power with which this council is invested, to oppose, and if possible to defeat, every measure that may be suggested or attempted for the introduction of criminals into this country, at any time, or under any circumstances."

For this resolution none but representatives of the people voted; against it, none but the nominees of the crown.

The triumph of this cause was the work of many and the labour of years. Thousands of articles often distinguished for ability, appeared in the colonial papers, and thus ripened the public mind to vigorous action. Many who have toiled survive to participate in the gladness of success: others have passed to the grave; among these the names of Archer and Oakden will recur to colonial remembrance, A future generation will best appreciate the value of that noble stand made against the allurements of real or imaginary gain, and the children of Tasmania will delight to inscribe the patriot's name in the record of their country's redemption.

But the impartiality of history demands a confession, less favorable to the colonists at large, and which must arrest a deliberate and absolute judgment against the ministers of the crown. The voice of employers too long favored transportation, and their temporary interests were preferred to their ultimate welfare. The press visited the friends of social freedom with sarcasm and contempt, and described them as purists and fanatics. Until the last ten years the colonial will has been neither steady nor distinct. Emigration and time have wrought a change in the prevailing feeling. 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, necessarily inherited their dishonor, and that we require the abandonment of a policy once thought profoundly wise, and which was scarcely questioned for more than three score years.

The opposition of Sir William Denison to the colonial will on this subject, his injustice to the judges, and his sarcastic delineations of colonial character, have narrowed the circle of his friends. In future times an opinion more favorable to his reputation may be expected to prevail. It will then be remembered that he promoted the advancement of science, fostered liberal education, increased the facilities of commerce, abated the practical evils of the convict department, advocated the principles of legislative freedom, and, by a respectable private character, sustained the moral dignity of government. But even then it will not be forgotten, that in perpetuating the convict curse, he adopted any argument, however false, and tolerated any ally, however abject.

FOOTNOTES:

[Footnote 261: If this question had _been_ brought forward in a large and comprehensive view before the Federal Assembly of the Australian colonies, which is soon to be called into being, I admit that the decision arrived at might have had some effect on the home government; I think, even now, the wisest and safest course would be to postpone its further discussion, and remit the whole matter to that body. Then, if they were all as sincerely opposed as I am to transportation in any shape, they might come to a conclusion, that convicts should come to none of these colonies; and to such a decision the minister might succumb. It is to such an assembly as this that a question of this magnitude ought to be remitted, as it is a question on which all the colonies are alike concerned. If South Australia, Van Diemen's Land, and Port Phillip, all agreed with New South Wales, in one common determination not to receive convicts in any shape, there would be some hope that they might accomplish their end.]

[Footnote 262:

THE AUSTRALASIAN LEAGUE.

_The League and Solemn Engagement of the Australian Colonies, declared by the Delegate_ in _the Conference held at Melbourne, February_, 1851.

WHEREAS, in 1840, by an Order in Council, the practice of transporting convicts to New South Wales was abandoned by the Crown, and, whereas, by divers promises the government of Great Britain engaged not to send convicts from the United Kingdom to New South Wales, New Zealand, Victoria, or King George's Sound. And, whereas, by an Act of the British Parliament, transportation to South Australia was positively prohibited. And, whereas, Lieutenant-Governor Denison, in 1847, declared to the colonists of Van Diemen's Land her Majesty's most gracious purpose, that transportation to that island should be discontinued. And, whereas, the colony of Van Diemen's Land has been deeply injured by the pouring in of enormous masses of transported offenders. And, whereas, divers and repeated attempts have been made to depart from the letter and spirit of these promises. And, whereas, 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, and thus to evade the spirit of the promises and Act of Parliament so made. And, whereas, large tracts of land have been purchased by the colonists from the crown; many millions of capital invested in improvements; 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. And, whereas, the native Australasians are entitled to all the rights and privileges of British subjects, and to the sympathy and protection of the British nation. And, whereas, 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, but without success. Now, THEREFORE, the Delegates of these Colonies, in conference assembled, do declare their League and Solemn Engagement, to the effect following:--

1st. That they engage not to employ any person hereafter arriving under sentence of transportation for crime committed in Europe.

2d. That they will use all the powers they possess--official, electoral, and legislative, to prevent the establishment of English prisons, or penal settlements, within their bounds; that they will refuse assent to any projects to facilitate the administration of such penal systems, and that they will seek the repeal of all regulations, and the removal of all establishments for such purposes.

And lastly, That they solemnly engage with each other to support by their advice, their money, and their countenance, all who may suffer in the lawful promotion of this cause.]

[Footnote 263: William Westgarth, William Kerr, William Nicholson, Dalmahoy Campbell, William Stawell, George Annand, William Bell, J. Stewart Johnstone, and John Hood, Esqrs.]

[Footnote 264: The _Raven_, Capt. Bell, was the first vessel that carried the league flag, now floating over every sea.]