The hold of a convict-ship presented a melancholy picture of human depravity. In the course of the voyage most of the felons survived the sense of shame: the sounds of ribaldry and boisterous mirth, mingled with catches from the popular songs of the day, issued unceasingly from the prisoners’ deck; this uproar was ever and anon increased by more riotous disturbances, blows and bloodshed followed; and occasionally the monotony of the voyage was broken by mock trials among the prisoners, to show that even in the most profligate and abandoned the principle of justice was not altogether destroyed. When a prisoner committed an offence against his fellows, a judge was appointed, advocates were assigned to the prosecutor and the accused, a jury was sworn to try according to the evidence, witnesses were examined, and the prisoner, being found guilty, was sentenced to an immediate and brutal punishment.
From such elements the society of New South Wales was formed. Most of the convicts, after a short servitude, obtained tickets-of-leave, and settled upon the parcels of land allotted to them by government; and by the improvement of such opportunities they easily drew a subsistence from the soil; others devoted themselves to the care of cattle; while many more, as the colony increased, betook themselves to trade, by which means large fortunes were frequently acquired. Many of the convicts in the course of a few years contrived to amass great wealth, which was expended in the extension, or improvement of their property. The results of such industry were to be seen in the cleared inclosures, the neat orchard, and the trim garden that here and there surrounded a well-built brick-house. Even here honest labour seems to have been crowned with success.
Free settlers were at present few in number, and the convict on his plot of land had many advantages over them. From acquaintance with the climate and the modes of cultivation best suited to the soil, as well as the easiest method of carrying on agricultural operations, he had learned to avoid many fruitless experiments. He understood the habits and character of the servants who assisted him, for the labourers were all of them felons; and he himself had probably shared the same cell, and worked in the same gang. He understood their principles of action; and they were infected with his prejudices. They lived together, ate at the same board and slept under the same roof. Thus a good understanding was maintained between them by his connivance with their follies or their vices. The men themselves always preferred a master who had been a prisoner to a free settler of stricter virtue, and a disposition less akin to their own; and for such an one they would make extraordinary exertions, of great importance at seed time and harvest, which a better master could not obtain at any cost.
A brotherhood and close fellowship, the fruit of old associations, sprang up among the convict population. Many considered themselves as martyrs to the vengeance rather than the justice of the law; others, transported for political offences, regarded themselves in the light of patriots. In short a unity of interest cemented them; and each newly arrived convict ship was heartily welcomed. When it anchored in the harbour boats swarmed around it, the decks were crowded, the new comers were loaded with presents of fresh bread and other luxuries. They were pressed with eager inquiries after absent friends, the comrades they had left in English jails. They were greeted with the heartiness of old companions, and without reluctance exchanged the close confinement of the convict ship for the fellowship of their old acquaintance on shore. The colony at this time abounded with Irish who had shared in the rebellion of 1798, and who generally brought with them a fair knowledge of agriculture without very industrious habits. They attached little turpitude to their offences, considering themselves rather as sacrificed to the cause of freedom. Indeed it is well ascertained that some of them had been banished without even the formality of a trial, some without any specific sentence as to the term of their transportation, victims to the angry spirit of the times. They are described as, for the most part, conducting themselves with great propriety in the hope of one day regaining their freedom, and being restored to their long absent friends. Such men as these proved excellent colonists, and successful settlers.
The criminal history of the colony in its first years discloses a dreadful list of both crimes and punishments. Small bodies of the convicts occasionally broke loose, fled to the woods, and there, setting all restraints at defiance, became reckless and ferocious. The dread of punishment did not restrain them from robbery, murder, and the most appalling crimes. The risks were well calculated, for the chances of conviction were few, and punishment was uncertain. If they were detected, a convict, being dead in law, could not be summoned as a witness. The jury would probably be composed of men who had been sharers in crimes of equal magnitude, perhaps old associates. The prisoners would be defended by convict attorneys, a nefarious class with which the colonial courts were filled. Ineffectual attempts were made to exclude these men, but the influence they had been suffered already to attain, made this impracticable. Amongst the most notorious of them was one who obtained a large practice by dint of his ingenuity, and managed the most important business in the colony. He had been some years previously sentenced to transportation for life, for forging a will. He had resorted to the ingenious device of putting a fly into the mouth of a dead man, and then guiding his hand to trace his signature to the writing; and, upon the trial, he swore, with audacious assurance, that he saw the testator sign the will while life was in him. In passing sentence, the late Lord Ellenborough took the opportunity of congratulating the profession on getting rid of such a pest.
The records of the court are scarcely less painful than the history of the criminals themselves. The punishments adjudged were frightfully severe. If they did not reclaim the prisoner, they must have hardened him beyond recovery, if indeed they did not in many instances torture him to death. The men thus punished were already convicts it is true, and more than usual severity may have been justified. But no penal code emanating from a people professing the name of Christ may inflict savage and barbarous penalties. They recoil with disgrace upon the legislation which exacts them, and a whole nation is degraded in the person of its own malefactors; while God’s displeasure is evident both in the increase and audacity of criminals on the one hand, and in the loss of humane and virtuous sentiments throughout the community on the other. We have taken three cases as a specimen of the method in which justice was dealt out to criminals in the early days of the colony in New South Wales.
“John Allen, stealing in dwelling-house to the value of forty shillings. Publicly whipped, hundred lashes, confined in solitary cell at Paramatta on bread and water for six months, and hard labour at Newcastle three years.”
“Michael Hoare and James Gilchrist, feloniously and burglariously breaking and entering Schoolhouse at Kissing Point, and stealing from there divers articles of property. Twelve months solitary confinement at Paramatta, two years hard labour in jail gang, then transported for life to Newcastle.”
“John Hale, Robert Holton, and Peter Allen, killing a bullock with intent to steal the carcase. Solitary confinement on bread and water for three years in Paramatta jail, afterwards two years labour in jail gang there, and afterwards transportation for life to Newcastle.”[B]
Such was the sphere of Mr. Marsden’s labours, such the difficulties with which he had to contend, and the system, too, which, as a magistrate, he was even called upon to administer. A more hopeless task could scarcely have been undertaken; but he set himself vigorously to work, looking to the Strong One for strength, and the fruit was “seen after many days.”