The History of Tasmania, Volume I

by John West

The British Government seemed to anticipate the wishes of the colonists. A despatch (February 5, 1847,) from Earl Grey, printed in the blue book, informed the people that transportation to Van Diemen's Land, except, indeed, as a part of the colonial empire, was finally terminated. There was nothing to prevent the arrival of exiles, when the state of the colony could admit of their dispersion amidst a free people,—a condition explicitly required by the primary object of cessation. This despatch Sir William Denison laid on the table of the council, and while he noticed its harmony with the wishes of a large proportion of the free inhabitants, he exhorted them to beware of undue exultation or despondency whatever the issue of the measure, and in this crisis of their fate to confide in the goodness of God (July, 1847).

The views of the government were expounded in official letters and speeches in the British legislature. Stated with brevity they expressed a purpose to punish crime in England, and to assist the emigration to every British colony, individually rather than collectively, of men with conditional pardons. Sir George Grey asserted that the idea of resuming transportation to Van Diemen's Land was illusory. He recommended that the governor should be instantly informed of its termination. He condemned the practice of sending many exiles to one place as likely to create a feeling of caste, and in time produce the evils of penal colonisation. With these views Earl Grey concurred (February 5, 1847). He stated that they agreed with his established opinion, and he thought that well trained convicts might be dispersed in the colonies, especially taking care to promote the emigration of a considerable number of persons untainted with crime. To the same effect was his exposition of the future policy in the House of Lords. He expressed a hope that exiles might be so distributed that the chance of recognition should be slight. Lord Brougham made merry at this notion of banishment as a game at which two could play, and depicted the consternation of Calais at an arrival of reformed Pentonvillians. The chief reliance of Earl Grey was on the demand for convict labor in the colonies, which he far too highly estimated. When the intentions of the home government were declared, Sir W. Denison, who had given opposite advice, hastened to recall his recommendation. He stated that to resume transportation in any shape would be looked upon as a breach of faith, and be very embarrassing to government (August 28, 1847).

The publication of Earl Grey's policy occasioned general gladness and gratitude. But it was followed by a measure adverse to its whole spirit and the facts on which it had been founded (September, 1847). The governor was directed to remove the convicts at Norfolk Island to Van Diemen's Land, and to receive those remaining in New South Wales not entitled to release. Drafts of transports were constantly arriving from every British dependency, and thus additions were daily made to the overwhelming convict population. The vices of the Norfolk Island prisoners had appalled the empire. The residuary convicts of New South Wales indicated their character by their long detention. Some were imprisoned in caverns dug in the rocks, and their depravity assumed the aspect of mania. The whole colony was roused by these projects. Meetings and memorials were multiplied. A deputation to the governor, then in Launceston, was attended by a long and excited procession. He concurred in their sentiments, suspended the progress of the scheme, and received the thanks of the colonists and the minister. The result was unimportant, for from Norfolk Island the convicts were silently transmitted to Van Diemen's Land and distributed undistinguished.

Mr. Gladstone, when secretary for the colonies, addressed a confidential despatch to Sir C. Fitz Roy (April, 1846), and left its publication to his discretion. It proposed to renew transportation to New South Wales with the assent of the colonial legislature. This proposal was submitted to a committee of the council. A report was founded on the evidence of employers and forwarded to Earl Grey. It consented, conditionally; that two free persons should be sent at the expense of England for every prisoner, and that assignment should be revived. It admitted that the real welfare of the colony might be best promoted by the total stoppage of transportation to Australasia; and it yielded to a regulated and compensating scheme only as the alternative of indirect transportation. To give effect to the report, of which the adjournment of the legislative council prevented the consideration, Mr. Darvall and five hundred others presented a petition to the crown, which Earl Grey, "laid at the foot of the throne." Earl Grey refused to restore assignment or to send two free persons for one in bonds; but he offered to send an equal number of each at the cost of the British treasury (September 3, 1847). After an earnest but limited opposition the proposal was accepted by the legislative council, and the vast territory of New South Wales opened to the dispersion of 5,000 prisoners per annum.

But Earl Grey himself departed from his own proposals (September, 1848). He alleged that the exchequer would not permit the execution of the emigration scheme, and that the demand for labour in the other British colonies to the full extent of the supply rendered the outlay unnecessary. Yet to satisfy the petitioners for convicts, some ships would be sent. But should the legislature insist, emigrants in equal numbers would follow them, and transportation terminate.

The adoption of this course was prompted by financial considerations, but especially by the offer of Sir William Denison to receive 4,000 convicts annually, and thus to disperse them over the continent. This offer had been cancelled in another despatch, but of this, although before him, Earl Grey took no notice. He described with great apparent elation, the character of reformed prisoners, and quoted a chaplain as his authority, who represented them in the most favorable light. They cheerfully endured exposure on the public works, to deter their fellow countrymen from crime, and overcame all their adversities by patience and prayer. To a variety of notions, all absurd and impracticable, and all speedily abandoned, he added, "Her Majesty's government accordingly propose in future, with regard to all convicts, except those whose health may require different treatment, or whose sentences have been commuted for imprisonment, that, after having gone through the two first stages of punishment already adverted to, they should be removed as holders of tickets-of-leave to Van Diemen's Land" (April 27, 1848).

Mr. Jackson obtained an interview with Earl Grey (Oct., 1848), and pointed out the injustice of this course. His lordship lamented the revival of transportation to Van Diemen's Land, and said that it arose from unavoidable circumstances. He declared his adherence to the plan of dispersion, and his belief that South Africa, Port Phillip, and other colonies would afford an ample outlet for the prisoners. Circulars were accordingly sent to the Cape of Good Hope, the Mauritius, New Zealand, New South Wales, and Swan River. The Swan River colonists, a few hundreds in all, accepted the offer. South Australia refused. In New Zealand the people of both colors deprecated the plan. "Send us gentlemen," said the chiefs, "but send us no convicts."

Before replies could arrive, Earl Grey resolved to attempt its execution. He began with the Cape of Good Hope: he thought that the military outlay for its defence entitled the crown to invade it with convicts. The Neptune, with ticket-holders from Ireland, anchored in Simon's Bay: the inhabitants besought Sir Harry Smith to send her back. This he refused; but he expressed his entire sympathy with their opinions, and forwarded a despatch to that effect. He promised that not one should land without new orders from the secretary of state. The people, unwilling to depend on the justice of Earl Grey, formed a confederacy. They refused to hold intercourse with the government, or while the vessel remained on their coast to supply the commissariat, or to deal with any who violated this compact. Branch associations sprung up in every district: passes were issued to travellers to show they had not strayed from the Neptune. Every public body, civil and religious, sanctioned the resistance. The cause of the Cape was espoused by the British press. A motion was made in the Commons, by Mr. Adderley, amounting to a censure on the minister. Both Lord John Russell and Earl Grey promised to remove the grievance, and the Neptune was ordered to sail for Van Diemen's Land (November 3, 1849). The inhabitants gave money to be distributed to the prisoners at their destination (February, 1850). This done, they joined in illuminations, public thanksgivings, and congratulatory addresses to the governor, who reproved their zeal, but rejoiced at their success. A prosecution of Mr. Fairbairn, for conspiracy to compel an unlawful act, was begun, but fell to the ground. A settler who supplied the government was honored with knighthood: an example was offered to the empire of passive but victorious resistance.

The despatch of Earl Grey repudiating his own stipulation excited the rage of New South Wales. Mr. Charles Cowper carried resolutions rejecting transportation in any form whatever through the legislative council without opposition. On the arrival of the Hashemy, a convict vessel, the inhabitants of Sydney to the number of some thousands assembled (June 11, 1849), and by a deputation to Sir Charles Fitz Roy, demanded that the prisoners should be sent away, if necessary at the colonial cost. Sir Charles was alarmed and increased his guards; he refused admittance to the deputation, and represented their constituents as a factious and feeble minority. The Randolph on a similar errand entered Port Phillip; the people resolved to oppose the landing. They applied to Sir Charles Fitz Roy, then on a visit to their district, to prevent their invasion. They were sustained by the forcible remonstrance of Mr. Latrobe, and the vessel was sent to another part of the territory.

No single cause will fully account for the intense and universal opposition to the plans of Earl Grey. The vacillation of his lordship in reference to the emigrant clause, produced feelings of exasperation and distrust, but the sad experience of Van Diemen's Land was accepted as a warning by other portions of the empire. A pamphlet, recording the proceedings of the Tasmanian colonists, was everywhere scattered. It minutely examined the penal policy of the crown, and recorded the various demonstrations against convictism (June, 1847). A large package of this pamphlet was forwarded by the Launceston Association to the Cape of Good Hope, and arrived a few weeks before the Neptune. Thus foreign fuel was added to the local fire—the testimony of men who had practically known the system, and by whom it was abhorred. The committee appointed by the Lords (1847), by the witnesses they examined, authenticated the evidence against it. The fate of Van Diemen's Land did not command peculiar interest amidst the wreck of thrones and the overthrow of empires; but the supposed connection between the criminals and insurgents of France alarmed the aristocracy, and disposed them to cling to transportation. The Bishop of Tasmania bore testimony to its colonial mischief. Lord Brougham endeavored to draw admissions favorable to his views with professional acuteness; but he was foiled, and the bishop pronounced the solemn warning that those who cast a prisoner, especially a woman, into a community where criminal principles prevail, pronounce a sentence for both worlds.