Chapter 8

[Footnote 78: "Whereas it may be found necessary that a colony and a civil government should be established, and that a court of criminal jurisdiction should also be established, with authority to proceed in a more summary way than is used within this realm, according to the known and established laws thereof." The court, described as above, is then authorised, to try "outrages and misbehaviours, as if committed in this realm would be treason or misprision thereof, felony or misdemeanour."--27 Geo. iii. Nothing is said of legislative power.]

[Footnote 79: _Collins_, vol. i. p. 32.]

[Footnote 80: _Bigge's Jud. Report_, p. 34.]

[Footnote 81: Holt has left a graphic picture of a justice, which must be received, perhaps, with some reservation;--"I was walking with Barrington, the most accomplished pickpocket: he was arm-in-arm with Richard Atkins, Esq. I wished to have some conversation with them. A bottle of rum was produced, and some pleasant conversation about Ireland passed. At length I wished to retire, and Mr. A. said he never allowed any bottle off his table till he saw it emptied. We finished the half gallon bottle, and of course were not a little elevated. Mr. A. acted as a kind of deputy, when Judge Dore was not able, which not unfrequently happened: when spirits were plenty in the colony, he was generally indisposed." Mr. Croker adds, that "Atkins was appointed as a substitute to Collins in 1796, by the secretary of state, until the arrival of Mr. Dore in 1797."]

[Footnote 82: _Bigge's Jud. Report_, p. 2.

At Norfolk Island a court of criminal jurisdiction departed still further from the precedents of civil justice. An act authorised the government to convene a court of four military or naval officers, to decide on questions of life and death, even when free men were implicated.]

[Footnote 83: "Yesterday, the bench assembled, when a free man, formerly belonging to Fort Dalrymple, was found guilty of stealing a silver watch from George Guest, jun., his property, and sentenced to labor for the government for the term of five years, and moreover to receive 500 lashes."--_Derwent Star, Feb. 6th_, 1810.]

[Footnote 84: _Holt's Memoirs_, vol. ii. p. 202.]

[Footnote 85: Such punishments were not always unmerited, but they were capricious. A magistrate tied a carter to the wheel of his waggon, and inflicted 300 lashes for cruelty to his bullocks; but Dr. Montgarret ordered the blacksmith to be flogged, for presenting his bill!]

[Footnote 86: _Mann's Picture of New South Wales_, 1811.]

[Footnote 87: _Bentham's Plea._]

[Footnote 88: _Bigge's Jud. Report_, p. 17.]

[Footnote 89: Ibid.]

[Footnote 90: _Bigge's Jud. Report_, p. 6. _Wentworth_, p. 43. edit. of 1820.]

[Footnote 91: _Bigge's Report_, p. 48.]

[Footnote 92: _Macarthur's New South Wales: its present state and future prospects_, 1837.]

[Footnote 93: _Bigge's Report._]

[Footnote 94: 59 Geo. iii. 1819.]

[Footnote 95: "This sentence was put in execution before the provision store, when the mob, either to display their aversion to the crime, or what might be more probable, to catch anything that wore the form of amusement, pelted him with rotten eggs and dirt."--_Collins_, vol. ii. p. 54.]

[Footnote 96: _Gazette_, 1823.]

[Footnote 97: Maconochie, in his supplement to _Australiana_, extracts the following passages from one of Sir James Mackintosh's private letters, published in his _Memoirs_, p. 342-3:--"Even out of England there are many places which I should prefer to this (Bombay). You will smile at the mention of Botany Bay; but I am most serious, and I assure you that next to a parliamentary situation, to which either nature or early ambition has constantly directed my views, I should prefer, without much regarding pecuniary advantages, that of being the lawgiver of Botany Bay.... England, in rearing such a community, is preparing not only conquerors of India, but enemies to herself and to all mankind. While on the one side the experiment of a reforming penal colony is, perhaps, the grandest ever tried in morals, it is one which is perfectly safe; for the settlement never can be worse than it is now, when no attempt towards reformation is dreamed of, and when it is governed on principles of political economy more barbarous than those which prevailed under Queen Bess. Every day the difficulties of the experiment grow with the increase of the (criminal) population.... I have heard, read, and thought so much about this extraordinary colony, that I am very confident in my general opinions; and I confess, between ourselves, that I am a piece of an enthusiast in my reforming projects," &c.]

[Footnote 98: 43 Geo. iii.]

[Footnote 99: "Not a governor, not a magistrate, that has acted thus, but has exposed himself to prosecutions upon prosecutions, to actions upon actions, from which not even the crown can save him."--_Bentham's Plea for the Constitution_, 1804.]

[Footnote 100: _Wentworth_, p. 389. 1820.]

[Footnote 101: _Collins_, vol. ii. p. 214.]

[Footnote 102: _Collins_, vol. i. p. 268.]

[Footnote 103: _Bigge's Jud. Report_, p. 76.]

[Footnote 104: Collins.]

[Footnote 105: _Bigge's Jud. Report._]

[Footnote 106: Ibid.]

[Footnote 107: Ibid.]

SECTION V.

William Sorell, Esq., third Lieutenant-governor, landed 8th April, 1817. To restore safety to the colony was the first duty of the governor: on his assumption of office he called the inhabitants together, and enabled by their subscriptions he offered large rewards, and thus inspirited both the soldiers and the constables. In less than three months the greater portion of the bushrangers were destroyed or captured. During Sorell's administration the colony suffered no serious disturbance from outlaws. This display of rigour was followed by judicious precautions: he ascertained more frequently the distribution and employment of the prisoners of the crown, and removed many temptations to disorder and crime.

It was the practice, established first a few months after his arrival, to muster the whole population annually. Notice was sent through the districts, requiring the attendance of the several classes, who accounted for their families and their stock: the name, the residence, and civil condition of every inhabitant became known. Sorell thus ascertained the increase of cultivation and cattle, and whatever indicated progress.

The landing of settlers direct from Great Britain was an important event: their efforts were experiments, and their achievements were prophetic. The political philosopher may trace in their errors, trials, and successes, the lessons afforded by experience for the instruction of nations. The rapid advance of modern colonisation tends to underrate the first efforts of our predecessors. The first colonial boat-builder founded a great commercial navy; the first shepherd held in his slender flock a treasure of unimaginable worth.

The arrival of many emigrants led to the exploration of the country. The hunters were usually the pioneers, but beyond the general features of the scenery, they afforded little information: wild cattle were the better guides. To provide a settlement for strangers, Sorell explored the region lying between the Shannon and the Clyde to its junction with the Derwent; free from timber, and within twenty miles of navigable waters. At this district were located several distinguished settlers.

The narrow grants and wretched homesteads of the emancipist cotters, the sole farmers at the time of this immigration, presented but little to please. The settler, whose imagination pictured the rustic beauties and quiet order of an English farm, saw unfenced fields of grain, deformed with blackened stumps: a low cottage of the meanest structure,[108] surrounded by heaps of wool, bones, and sheepskins; harrows and water carts amidst firewood; mutton and kangaroo strung on the branches of trees; idle and uncleanly men, of different civil condition but of one class; tribes of dogs and natives. No green hedges or flowery meadows, or notes of the thrush or nightingale; but yet there was the park-like lands, the brilliant skies, the pure river; and, above all, the untainted breath of the morning.

In 1820, there were only two estates, those of Mr. E. Lord and Colonel Davey, on which fences were erected; and the destructive incursions of cattle were subjects of many complaints: yet in that year £20,000 had been obtained for wheat exported to Sydney. The first crops were prolific: the early settlers chose the more fertile and open plains; and many selected sites for their dwellings on natural lawns of surpassing beauty.

The dispatch of vessels direct from England rapidly increased the population: in one year (1822) six hundred settlers entered the port, and by the capital which they invested, and the habits of decency and enterprise they exhibited, gave a new tone to the colony. A succession of publications drew attention at home to the capabilities of Van Diemen's Land. It was described in the _Quarterly Review_ (May, 1820) by a friendly pen, which stated that during three years, a detachment of one hundred men had not lost three, and that Hobart Town had been sixteen months without a funeral.

The work of Lieutenant Jeffries, who spent several months in a passage from Sydney to Van Diemen's Land, and who wrote much in praise of the native women, and the pleasures of a bush life, drew a pleasing picture. The more sober sketch of Captain Dixon, and the copious delineations of Mr. Wentworth, directed the public curiosity to Tasmania. For several successive years new books were published, describing the fertility of the soil and the beauty of the climate. These generally contained a theory of pastoral increase--a geometrical progression towards wealth. The increase was, indeed, rapid beyond oriental precedent. Between 1810 and 1820, it was estimated at fifty fold.[109] The adaptation of these colonies for the growth of wool first drew the attention of several gentlemen of Hamburgh, whose importations afterwards promoted the improvement of our flocks.

The position of Van Diemen's Land favored its settlement. Vessels bound to Port Jackson often touched at the Derwent to discharge portions of their cargo; and weary with the length of the voyage, emigrants listened to the persuasions of the colonists, and the hints of the lieutenant-governor himself.

The advantages offered to settlers, so late as 1818, included not only grants of land, but loans of stock and seed; and a price for wheat, long standing at 10s. per bushel, and for meat 6d. per lb. The settlers were entitled to rations for themselves and their convict servants for six months. It was stipulated that the stock should be replaced by the increase, and the wheat repaid at the harvest. Such engagements were, however, rarely fulfilled. No suits could be prosecuted by the crown in the local court, and vague threats of disfavor were the only means of recovery: these were understood as formalities. The crown, by the prohibition of distillation, prevented a consumption of grain, and until a fixed price was given corn had been sometimes of no value whatever. A partial market was assured, to prevent the total neglect of agriculture. The patronage, of course, led to official corruption: many officers received wheat from their servants in commutation of labor, and some of more than usual inferiority was thus admitted by a Launceston commandant, a refugee Frenchman, who threatened to transport the storekeeper for calling in question its quality. The Commissioner Bigge recommended the bounty should be entirely abolished, distillation permitted, and supplies purchased by tender. A deficiency could be no longer apprehended. There were 7,400 inhabitants, at the close of 1821, who possessed 15,000 cultivated acres, 35,000 horned cattle, 170,000 sheep, 550 horses, and 5,000 swine. With such resources, the danger of famine finally disappeared.

The herds were composed chiefly of Bengal cattle, imported at an early period; but the emigrants introduced the most valued of the English breeds, which have entirely supplanted the early stock. The herbage and the climate are equally favorable to the increase of cattle.

The interior of the country being quiet, tickets of occupation were granted to settlers, who were enabled to establish large herds and flocks on the lands of the crown. The scarcity of provision in New South Wales soon created a considerable demand for the produce of this country, and in 1820 meat, to the value of £10,000, was purchased by the crown for exportation.[110]

Macquarie, when his administration was drawing to a close, came on a tour of inspection to Van Diemen's Land. He arrived in the _Midas_. The squally weather, which prevented his immediate landing, gave time to prepare for his reception. He disembarked on the 24th April, 1821, saluted from the battery, and by the military, who lined the road to the government house. At his former visit in 1810, the population did not exceed 1,500. A few scattered and miserable huts, separated by thoroughfares but half recovered from the forests, then constituted the capital, which had now acquired something of an English aspect: there were 426 houses, and 2,700 souls.

Few scenes are more pleasing than those which, assisted by memory, display the growth and triumph of industry. The gratification of all parties was visible, and a general illumination closed the day. It was a day of pardons and bounty: when the prisoner received his liberty and the settler his heritage: every inhabitant who had no plaint to prefer, had yet thanks to pay. The _bachelors_ of Hobart Town gave a public ball to the governor: one hundred and fifty sat down to supper, and the gentlemen danced together until the morning.

On the 29th June, Macquarie sailed in the _Caroline_: he was accompanied to the water's edge by a large concourse of people, and carried with him applauses which his amiable vanity prized, and which his beneficence deserved.

Macquarie inserted in the _Sydney Gazette_ the details of his progress, and observations. Whatever he described, he lauded: the architectural taste of the private buildings; the handsome church; the commodious military barracks; the strong gaol; the well constructed hospital. The enterprise and industry of the people; their spacious harbour; their battery, signal post and pier--are all distinguished with the minuteness of an auctioneer's catalogue, and nearly in its phrases.

During his progress he gave names, among which many remain memorials of his love of country: Staffa Ulra, and Olmaig; Perth, Campbell Town, Oatlands, Strathallen Creek, Roseneath. The townships of Sorell, Brighton and Elizabeth, were designated by him: the last in honor of his wife. His own name is found everywhere.

FOOTNOTES:

[Footnote 108: There is nothing new under the sun. The following description of a New England cottage, on the Penka-tang River, in 1704, is given in the journal of Madame Knight:--"It was supported with shores (posts), inclosed with clapboards laid on lengthways, and so much asunder that the light came thro every where; the doore tyed on with a cord in ye place of hinges; the floor the bare earth. No windows but such as the thin covering afforded, nor any furniture but a bedd with a glass bottle hanging at ye head on't. An earthen cupp, a small pewter bason, a bord with sticks to stand on instead of a table, and a block or too in ye corners insted of chairs."]

[Footnote 109: _Wentworth_, vol. ii. p. 93.]

[Footnote 110: The following is a list of exports from Van Diemen's Land to Sydney in six years:--

_Wheat valued at 10s., and Meat at 6d._

Year. Bushels Wheat. lbs. of Salt Meat. £

1815 1,770 -- 885 1816 13,135 10,000 6,817 1817 15,240 8,000 7,820 1818 7,990 64,640 5,611 1819 24,768 346,800 21,054 1820 47,131 386,000 33,225

_Wentworth_, vol. ii. p. 32.

Lands granted from 1818 to 1821, from 25,000 to 273,000 acres; population from 3,557 to 7,360; in cultivation, from 5,080 to 15,005 acres.]

SECTION VI.

The Australian colonies owe their pastoral wealth originally to Captain John Macarthur, of the 102nd regiment: he was assisted by the enterprise of Captain Waterhouse, of the royal navy, who, though a sailor and confessedly ignorant of pastoral affairs, conveyed to the colony the stock which laid the foundation of its fortunes. The sheep brought by the first fleet to New South Wales, were sacrificed to the necessities of the time: the cattle strayed, and were discovered long after grazing on the Nepean, increased to many hundreds. Several efforts were made by the New South Wales Corps to introduce a stock, chiefly for the knife; but the transmission was attended with considerable difficulty, and the greater portion died.

The basis of the New South Wales flocks was the Bengal: these, bearing hair, were mixed with sheep originally from Holland, and imported from the Cape. Mr. Macarthur having obtained some sheep from Ireland,[111] remarked the great, though accidental improvement in the fleece, which exhibited a mixture of wool, and gave the first hint of a great possible improvement. He then requested Captain Kent to procure sheep from the merino flocks of Colonel Gordon, at the Cape. These were forwarded by Captain Waterhouse (1797), who delivered to Macarthur three rams and five ewes, and retained a proportion himself.

The results surpassed expectation. The flocks of Bengal yielded to three or four crossings, and produced the finest wool. Thus the heaviest fleece, in 1801, was 3-1/2 lbs.: the next season it improved to 5 lbs. The ewe produced wool worth 9d., her lamb's wool was valued at 3s.; and even the merino improved by the exchange of climate: its wool produced at the Cape being worth 4s. 6d., and at New South Wales 6s. The rate of increase was not less encouraging: the produce of fifty ewes, in seven years, was two thousand.

In 1803, Captain Macarthur visited England, and presented a memorial to the lords of the committee of the privy council on the pastoral capabilities of New South Wales. He requested the crown to grant the use of public lands and servants, and offered to supply the commissariat at a given price, and to sustain the entire risk or loss of his experiment. The statement of increase was doubted: the testimony respecting the quality of wool could not be disputed, as Macarthur had procured the certificates of eminent manufacturers. It was, however, asserted that the natural pasture would be unable to subsist flocks, and it was necessary to combat this objection. Macarthur proposed to sell his flock at their value to a company, and on credit; on condition that the company procured a grant from the crown for pasture. This was declined; but Lord Camden was requested by their lordships to encourage Macarthur, and he received in consequence permission to occupy the cow pastures, where natural fences prevented the intermixture of his flocks. A grant of 5,000 acres--ultimately of an additional 5,000--was made to him. Never was a reward more justly due, or given with less sacrifice.[112]

Mr. Macarthur procured from the royal flock at Kew, one ewe and nine rams:[113] with these he raised his flock to 6,000 (1818), and frequently sold pure merino rams at from £14 to £28 per head.

The merino stock of George III., from which the Australian stocks were partly drawn, was sent to that monarch by the Spanish cortes. The king's love of rural pleasures was thus instrumental in adding immense wealth to his empire.

It was not until 1820, that settlers of Van Diemen's Land entered the career of improvement. The original stock were introduced by Colonel Paterson: a mixture of Teeswater, Leicester, and Bengal breeds. The lieutenant-governor was anxious to improve the quality by an importation of merino lambs. By an engagement with Macarthur, three hundred were shipped at Sydney;[114] but more than one-third died: the rest were distributed to the settlers by lot, who gave the engagements to repay at the stipulated sum, and who received facilities for the experiment in suitable tickets of occupation. Macarthur received, at 7s. 6d. per acre, 4,368 acres of land for the 300 lambs, valued to the crown at £5 per head.[115] From this date the wool of the Tasmanian flocks became known to commerce.

Van Diemen's Land wool was not an article of export until 1819. Only 71,000 pounds had been sent to London from New South Wales, but some had realised even 7s. 6d. per lb.; in one instance 10s., it is said, by a friendly competition: a sum three times greater than the English price of the finest continental wool. A specimen had been manufactured for George IV., and which so pleased him that he directed Sir J. Bloomfield to enquire if more could be obtained in England. There seemed now no hesitation in giving credit to Macarthur's prediction, that the boundless pastures of New South Wales would relieve the manufacturers of dependence on Spain.

That great encouragement had not been afforded, and greater progress accomplished, may be considered surprising. The wool of commerce was still inconsiderable; although the flocks of both colonies amounted to 200,000. Before the merino was first introduced, the fleece was considered worthless. The operation of shearing was often delayed until the sheep were injured: it was a deduction from the profit. The wool was burned, or thrown into the stock-yards as manure.

In 1819, the captain of the _Regalia_ accepted a proportion of Van Diemen's Land wool, in exchange for merchandise: it had no market price, its expenses were considerable, and a duty of 3d. was levied at London. A sample was seen by Mr. Hopkins lying in the docks in the worst possible condition: the speculation was a failure. The colonial government bought several tons a few months after at 3d. per lb. for mattresses, a sum that scarcely paid for its conveyance from the interior. The duty, formerly 3d., was reduced, on the recommendation of the commissioner, to 1d. per lb.

To Mr. Henry Hopkins the public are indebted for the first appreciation of Tasmanian wool. In September, 1821, he offered by advertisement a price in money, and bought at 4d. per lb. Twelve bales sold in London, the entire wool export of the colony, for 7d. per lb., or £88: the expenses were nearly half that sum. The merchants, however, continued to purchase, and the settlers to improve their flocks. In 1823, five hundred and fifty bales were exported in the _Deveron_, and an equal quantity in other vessels; and the wool of Clarendon rivalled the flocks at Port Jackson.

FOOTNOTES:

[Footnote 111: _Bigge's Report._]

[Footnote 112: _Par. Pap._]

[Footnote 113: _Bigge's Report._]

[Footnote 114: _Bigge's Report._]

[Footnote 115: _Par. Pap._]

SECTION VII.

The _Britannia_, a vessel the property of Messrs. Enderby and Sons, first discovered the whale fishery.[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, as far as could be seen from the mast head. On arriving at Port Jackson the captain secretly informed the governor, who facilitated his preparation for a cruise. The sailors, however, did not conceal their observation, and two other vessels, the _Mary Ann_ and _Matilda_, sailed one day before the _Britannia_ and the _Salamander_, on the 1st November, 1791. On their departure they encountered bad weather, but saw whales in great plenty. The attempt was, for the moment, unsuccessful. Great expectations were formed by the colonists, who anticipated that this port would be a rendezvous of fishermen. This fishery, pursued since with so much vigour, was of little immediate value to Van Diemen's Land.