Two thousand inhabitants of New South Wales made a last effort to recover their share in the benefits of convictism. They forwarded a petition to the British parliament, entreating the continuance of transportation for five years longer. Lord John Russell regarded their request as a strong argument against compliance; and a few weeks after settled the question by cancelling the order in council! The intention of Lord John Russell was to limit transportation to the worst class of offenders, estimated at 500 per annum.
Sir William Molesworth endeavoured to prevent the restoration of the practice, and proposed to supply the demand for labour by anticipating the land fund. The decision of parliament was precipitated by the contrivance of a friend of Captain Maconochie, Mr. Innes, who, in a pamphlet of considerable acumen and literary merit, set forth the value of his scheme. He asserted that the advantage of transportation as a reformatory and deterring system, notwithstanding the numerous experiments, remained yet to be resolved.[245] The House of Commons negatived the motion of Molesworth (September, 1840), and the crowded condition of the hulks excited serious complaints. The House of Commons resolved that the sentence of transportation should be carried into effect, and the prisoners sent out of the country. Lord John Russell then observed that, although he admitted that it was desirable to send a certain number of convicts abroad, where after their liberation they might earn their own livelihood, "he was bound at the same time to consider the state of society, and not expose it to the evils likely to result from a disproportionate number of convicts." (April, 1841.) He announced that not fewer than 2,000 would be sent to Norfolk Island and Tasman's Peninsula.
During these debates, Captain John Montagu, the colonial secretary, was in England. The views of this colony were favorable to transportation under the plan of assignment: many, indeed, were anxious to obtain, through the old channels, the supply of labour so necessary to their prosperity. Montagu succeeded in removing some impressions at Downing-street, unfavorable to the colonial masters, and was welcomed as their successful advocate and general benefactor. At a public dinner, given to celebrate his return, all parties united in expressions of warm respect and gratulation. The roads, he observed, were to be made, public works to be completed, and labour to be abundant. When in England, it was said, "Mr. Montagu steadily pursued one object: transportation—no matter under what modification." The system of assignment had already terminated.
It had been determined that all new prisoners should be worked in gangs, and on their dispersion should receive two classes of tickets; the last giving them greater freedom. It had been recommended by the secretary of state, to compel the prisoners in service, to wear a badge; but this open mark of slavery was exceedingly offensive, and indeed, as a measure of police, exceedingly impolitic—not only calculated to degrade well-conducted men in their own eyes, but to facilitate recognition, and secret signs; and perhaps the confederation of a large class, whose numbers it was so desirable to disguise.
The probation system, initiated by Sir John Franklin in obedience to the orders of Lord John Russell, was intended to combine the principles afterwards extended by Lord Stanley with some of the advantages supposed to result from assignment. The former practice, by which the government transferred the prisoner without delay to the service of a master, left his fate to accident.
Sir John Franklin endeavoured to meet, as far as possible, the views of all parties. To carry out the plans of Lord J. Russell, he proceeded to form gangs of from two to three hundred men, and to locate them wherever it might be practicable to render them useful. The superintendence of the scheme he committed to Captain Forster, who at the same moment held the office of police magistrate, and whose administrative tact was highly esteemed. The effects appeared, at first, encouraging, and the despatches of Sir John Franklin gave promise of success; but in 1842 he found it necessary to recall the favorable opinion: he found that many great and formidable evils were rising into strength, and that the gangs had far from realised his anticipations in the moral improvement of convicts.[246]
It is probable that transportation would have been limited by Lord John Russell, had not a change of ministry thrown the colonies into the hands of Lord Stanley. This nobleman, who succeeded September, 1841, differed greatly from his predecessors. He hinted that the colonies were not entitled to separate consideration—scarcely to notice, in the discussion of this question. That the interest of the mother country was the final and sufficient object to regard; but he did not hold the common views of assignment. He thought that it had been far too hastily condemned. Thus it did not seem improbable that on his return to power the former system, so highly prized by the colonists, would be restored.
FOOTNOTES:
[244] Courier, February, 1840.