FOOTNOTES:
[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.
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.
[263] William Westgarth, William Kerr, William Nicholson, Dalmahoy Campbell, William Stawell, George Annand, William Bell, J. Stewart Johnstone, and John Hood, Esqrs.
[264] The Raven, Capt. Bell, was the first vessel that carried the league flag, now floating over every sea.
[265] "My anxiety now is, to reiterate and give permanency to the assurance, that my determination originated not in any feeling of insensibility, or indifference, towards the noble object in which you are engaged. No man, who feels as he ought to do for the country in which not only himself but his children and grandchildren are established, (which is my case), but must, from his heart, desire and pray for the success of your endeavours. As having once held the spiritual charge over all the colonies to which your league extends, and, in a certain sense, continuing still to do so, I hope my feelings towards them are such as become that relation; and my persuasion is, that to extend, or resume, or continue the practice of transportation to any one of them, must be injurious to all.... A perseverance in this policy would tend more than almost any other cause that could be mentioned, to weaken the respect which is now so generally entertained for the name of England. It cannot be supported if England cause herself to be regarded as the author of a continual wrong; and if respect be forfeited, the principal tie of love and obedience will be severed. It is impossible to believe that any British statesman will be found, who, upon the ground of policy, and, still less, upon a principle of justice, will recommend the continuance of the practice against which you are united in petitioning."—Letter of the Lord Bishop to Charles Cowper, Esq., and Charles Kemp, Esq.
[266] Address to electors, July, 1851.
[267] Mr. MacDowell's speech.