The public effect of these exhibitions will be extremely questionable by sober-minded and pious men. To see a criminal depart from this life in a hardened and contemptuous spirit is, indeed, appalling; but the serenity, and even rapture, thus common when terminating a career of guilt and cruelty, often entered into the calculation of transgressors. Among the miserable forms of vanity, is the triumph of boasting penitence; and even when nothing else remains, the eclât of a public execution. Some were anxious to commit to writing their own last confessions of guilt, to secure a posthumous interest in the terror or pity of mankind.[173] The fullest appreciation of that system of mercy, which never separates religious hope from the living, would scarcely justify confidence, founded on such demeanour and language between the cell and the scaffold.
Scarcely had this scene closed, when the prisoners in the penitentiary, allured by the prospect of escape, broke through the gaol, and seized a boat: as they approached the Emma Kemp, a premature display of muskets convinced them that their plan was discovered. It was, indeed, known by the officers of the gaol prior to their departure; who, calculating on their arrest, permitted the consummation of their plans. This cost them their lives: they retreated to the shore, robbed Mr. Mortimer of eight stand of arms, and commenced their career as bushrangers. They were evidently unwilling adventurers, and soon taken. The Governor, at their execution, compelled the attendance of the prisoners, in the fallacious belief that the sight would prove admonitory as well as terrible.
Several were mere youths: their obituary, furnished by the indefatigable chronicler of executions, Dr. Ross, is not without interest. There was Dunhill, six feet three inches high and handsome, a frequent attendant at criminal courts; whose father was a prisoner for life, and whose family, once the terror of Yorkshire, were mostly transported or executed. There was Child, the son of a Bristol merchant, who, as the rope was adjusting, said, "I know I shall go to heaven!" There was a Scotch boy, who sang as he went; but said he was ruined in the penitentiary. Another had driven his mother to self destruction.
Nine men were executed towards the close of the following year, for the murder of a constable, named George Rex, at Macquarie Harbour: their leader, James Lacy, a person of considerable talent, was saved on a former occasion by the mediation of the Rev. W. Bedford, who represented that to Lacy's influence a settler owed his life. Having planned an escape, they seized the constable; and having bound and gagged some fellow prisoners, whom they rejected as accomplices, they took Rex and pushed him into the water, and held down his head until life was extinct. They then formed a raft, but it was insufficient to convey them: three only landed on the main, and were pursued and retaken. The sole witnesses summoned against them were prisoners, who prevaricated in their testimony; but the presence of surgeon Barnes supplied the evidence they thought proper to conceal, and insured the conviction. At the close of the trial, Lacy leaned over the bar and said, "had it not been for you, doctor, we should have pulled through."
Lacy was conspicuous in the press-yard for his fervour, and delivered an animated warning to the multitude, who were drawn together to witness an unusual sacrifice of life at one drop! Dr. Ross, who still endeavoured to rally round the scaffold some special interest, gave an artistic description of their end; but he was astonished to observe how the sufferers themselves were but little affected, and the spectators less. He mourned over the unmeaning countenances of the mob, who felt little but curiosity when they saw them step from the full bloom of life to the grave! Nor was it perceived by that zealous defender of lenity, when the government was lenient, and of the severity, when the government was severe, that the execution of nine persons for an act, in which three only actually participated, or perhaps contemplated, could only be possible among such a people. It is rather a matter of exultation, that there is a limit, beyond which executions become the dullest of all entertainments. At that time no one would have thought a single sufferer worth a glance of the eye.
It is remarked, that the most notorious of these offenders were rather prepossessing, except that their looks, by long residence in the bush, had acquired an air of wildness. The indicative theories of Lavater were negatived by the usual aspect of these crowds of victims; but the most impatient of penal restraint, have been not only violent and corrupt, but often of resolute and generous dispositions; often possessing the elements of a mental character, which, had it not been perverted by crime, might have been distinguished for the energy of virtue. On the primary treatment of such men, everything depends; and their first master determined whether they were to become active and intelligent agriculturists, or by pernicious indulgence, and not less ill-judged severity, to pass rapidly, by a reckless and resentful temper, from the triangle to the scaffold.
Such severe exhibitions of penal vengeance were intended to crush the insurgent spirit; to prove to the prisoners that any forms of combination or resistance would be followed by severer suffering. The re-action of that excitement assisted the future success of discipline. It convinced the masters that a neglected or careless management was equally pernicious. But the natives, also became objects of terror: the outlaw could not wander far without risk from their spears, or hover near the settled districts without encountering the roving parties employed in their pursuit. Thus the ravages of white men almost wholly ceased, during the conflict with the aboriginal tribes: the constables and the blacks together beat up the quarters of absconders.
But the precautions of the government were more effectual than its severity. Hitherto many had lived at large. At night their own masters; when not seduced by more serious temptations, their drunkenness exposed them to the lash; and dread or resentment precipitated them into open crime. In 1827, the enlargement of the penitentiary, and its better order, enabled the government to recall from private dwellings those least worthy of trust; and to make the indulgence of a home a reward for orderly and industrious habits. The prisoners employed by the crown were divided into seven classes. Some were permitted to labor one day weekly for their own advantage: these were the mechanics, who were detained only because they were artisans; others, on the roads, were allowed half that time, and by great exertions often obtained very considerable sums. The rest were in irons, or sent to the penal settlement under a magisterial sentence.
The fate of many who had suffered death was traced by the Governor to the imprudence and guilty connivance of the masters, or to the irregular methods of payment long interdicted by the crown; such as cattle, allotments, or a portion of time. The executive council professed to follow up these evils through every stage of their growth, until they were finally consummated on the scaffold.[174] During twenty years they had been often condemned; but they were not extinguished until the market was enlarged, and labor became scarce—so much do moral questions depend on material revolutions.
The distribution of servants was made with more prudence, and some reference to their previous habits and mode of life; and a stand was opposed to the sole superintendence of prisoner overseers, who were often the occasion of unjust punishments and criminal laxity. The impounding laws gradually cut off another occasion of mischief. Heretofore, large herds of cattle were under the charge of prisoner herdsmen, who were armed with guns. The wild and exciting employment exposed the men to many temptations: their daring spirit and fearless riding, rendered them objects of admiration; and created discontent in the minds of prisoners who were tied down to the more quiet labor of a farm. Of eight men employed by Mr. Lord, a wealthy colonist, five suffered death for various crimes.[175] Such persons lived remote from the civilised community and the inspection of their employers: often the channel of communication between the town receivers and country thieves; nor this alone. The large herds wandering far beyond the limits of the settled country, and without a recognised owner, suggested to the discontented servant a resource, and led him to abscond where he could subsist on the flesh of slaughtered spoil.