PART II.
OPERATION OF THE EXISTING SYSTEM OF GOVERNMENT IN THE COLONY FOR THE LAST FIFTEEN YEARS.
It is generally considered a matter of astonishment that the colony of New South Wales, situated as it is, in a climate equal to that of the finest parts of France, of Spain, and of Italy, and possessing a soil of unbounded fertility, should have made so little progress towards prosperity and independence. The causes, however, which have contributed to its retardment, are the same, as have been attended with similar effects in all ages. Not only the records of the years that are no more, but the experience also of the present day, concur in proving that the prosperity of nations is not so much the result of the fertility of their soil, and the benignity of their climate, as of the wisdom and policy of their institutions. Decadence, poverty, wretchedness, and vice, have been the invariable attendants of bad governments; as prosperity, wealth, happiness, and virtue, have been of good ones. Rome, once the glory of the world; now a bye-word among the nations: once the seat of civilization, of affluence, and of power; now the abode of superstition, poverty, and weakness, is a lasting monument of the truth of this assertion. Her greatness was founded on freedom, and rose with her consulate; her decadence may be said to have commenced with her first emperor, and was completed under his vicious and despotic dynasty: her climate and soil still remain; but the freedom which raised her to the empire of the world has passed away with her institutions.
If we search still further back into antiquity, we shall find that all the great nations which have at various times preponderated over their neighbours, attained their utmost force and vigour, during the period of their greatest freedom and virtue; and that their decadence and ultimate annihilation were the work of a succession of vicious and tyrannical rulers. The empires of Persia and of Greece, were successively established by the superior freedom and virtue of their citizens; and it was only when the institutions, which were the source of this freedom and virtue, were no longer reverenced and enforced, that each in its turn became the prey of a freer and more virtuous people.
The experience of modern times is still more conclusive on this subject; because no part of the chain of events which have contributed to the aggrandisement or impair of existing nations, lies hid in the mist of ages. If we regard the unprecedented wealth and power of our own country, we shall be convinced that her present pre-eminent position is not so much the effect of her soil and climate, since in these respects she is confessedly behind many of the nations of Europe, as of the superior freedom of her laws, which have engendered her a freer, more virtuous, and more warlike race of people. It is to her superior polity alone that she is indebted for a dominion, unparalleled in the history of the world; and it is to its rigid maintenance and enforcement that she must look for its durability.
While England has been thus assiduously attentive to her own immediate internal prosperity, she has not in general been neglectful of those external possessions, which she has gradually acquired by colonization, by conquest, or by cession. On the most distant branches of her empire, she has engrafted, as far as circumstances would in general admit, those institutions which have been the main cause of her own internal happiness and prosperity. In the West Indies, in Canada, and lately in the Ionian Islands, she has introduced the elective franchise, and established that mixed counterpoising form of government, whose three component parts, though essentially different in their natures, so admirably coalesce and form one combined harmonious whole. It has, in fact, been one of the leading maxims of her political conduct, and undoubtedly one of the chief causes of her present greatness, to attach the people who have been embodied into her empire, or who have emigrated from her shores only to colonise new countries, and thus to extend her limits and increase her resources, by an equality of rights and privileges with her subjects at home. The navigation act, indeed, militates in some degree, against the liberal view here taken of her colonial policy; but the existence of this single act, which, however its wisdom may be at present canvassed, there can be no doubt has proved the basis of her commercial and maritime ascendancy, will not invalidate the claim to liberality, of which her colonial system is in other respects deserving. The conduct of her government has undoubtedly been in most instances liberal and enlightened; and if they have occasionally deviated from their ordinary enlarged policy of establishing the representative system, and leaving to the colonies, themselves, the liberty of framing laws adapted to their several circumstances and wants, it has been principally in those cases where the ancient inveterate habits of the people, their difference of religion, and inferior civilization, have rendered such deviations unavoidable. India furnishes the principal example of such exception to her general policy; yet, even in her remote possessions in that country, the sixty millions who are subject to her sway, enjoy a security of person and property unknown to them while under the government of their native princes. It is on this amelioration in their condition, and not on the strength and number of her armies, that her dominion in that part of the world is founded; and after all, what government is so stable as that which is bottomed on opinion, and depends for its existence on general utility, and the consent of the governed? Dominion may, indeed, be acquired, and continued by force and terror; but if it have no other props to support it, it is at best but precarious, and must, sooner or later, fall, either by the resistance of those whom it would hold in subjection, or by undermining their moral and physical energies, and thus rendering them unfit even for the vile purposes of despotism itself.
The colony of New South Wales, is, I believe, the only one of our possessions exclusively inhabited by Englishmen, in which there is not at least the shadow of a free government, as it possesses neither a council, a house of assembly, nor even the privilege of trial by jury. And although it must be confessed that the strange ingredients of which this colony was formed, did not, at the epoch of its foundation, warrant a participation of these important privileges, it will be my endeavour in this essay to prove that the withholding of them up to the present period, has been the sole cause why it has not realized the expectations which its founders were led to form of its capabilities.
It is not difficult to conceive that the same causes, which in the lapse of centuries have sufficed to undermine and eventually ingulph vast empires, should be able to impede the progress of smaller communities, whether they be kingdoms, states, or colonies. Arbitrary governments, indeed, are so generally admitted to impair the moral and physical energies of a people, that it would be superfluous to enter into an elaborate disquisition, in order to demonstrate the truth of a position, which has been confirmed by the experience of ages. Whoever is convinced that he has no rights, no possessions that are sacred and inviolable, is a slave, and devoid of that noble feeling of independence which is essential to the dignity of his nature, and the due discharge of his functions. This noble assurance that he is in the path of duty and security, so long as he refrain from the violation of those laws which may have been framed for the good of the community of which he is a member, is the main spring of all industry and improvement. But this dignified feeling cannot exist in any society which is subject to the arbitrary will of an individual; and although the governor of this colony does not exactly possess the unlimited authority of an eastern despot, since he may be ultimately made accountable to his sovereign and the laws, for the abuse of the power delegated to him, I may be allowed to ask, should he invade the property, and violate the personal liberty of those whom he ought to govern with justice and impartiality, where are the oppressed to seek for retribution? Is it in this country, situated at sixteen thousand miles from the seat of his injustice and oppression? To tell a poor man that he may obtain redress in the court of King's Bench, what is it but a cruel mockery, calculated to render the pang more poignant, which it would pretend to alleviate?
I am not here amusing myself with the supposition of contingencies that may never occur. I am alluding to outrages that have been actually perpetrated, and of which the bare recital would fill the minds of a British jury with the liveliest sentiments of compassion and sympathy for the oppressed, and of horror and indignation against the oppressor. Leaseholds cancelled, houses demolished without the smallest compensation, on the plea of public utility, but in reality from motives of private hatred and revenge; freemen imprisoned on arbitrary warrants issued without reference to the magistracy, and even publicly flogged in the same illegal and oppressive manner: such were the events that crowded the government of a wretch, whom it would be as superfluous to name, as it is needless to hold him up to the execration of posterity* If such an immortality were, as it appears to have been, the object of his pursuit, he has completely attained it. Almost at his very offset in life, he acquired a notoriety which has increased through all the subsequent sinuosities of his career. Not content with pushing the discipline of the service to which he belonged, in itself sufficiently severe, to its extreme verge, by an excess of vexatious brutality, he goaded into mutiny a crew of noble-minded fellows, the greater part of whom it has been since discovered, pined away their existence on a desolate island, lost to their country and themselves, the sad victims of an unavailing remorse. Yet there is one of them still living, who has since fully evinced his devotedness for his country's glory, and has been deservedly raised to that elevated rank in her service, which but for him many more might have lived to attain. Despised by his equals in his profession, and detested by his inferiors, he was contradistinguished from other worthy officers of the same name, by prefixing to his that of the vessel which was the scene of this act of insubordination, in the event the grave of many a noble spirit, that might otherwise have proved an honour to themselves and a credit to their country. The brutal tyranny that characterised his conduct on this occasion, would have alone sufficed to brand him with the imputation of "coward," had it been even unconnected with the many subsequent acts of oppression which have stamped his career, and of which it is to be hoped for the prevention of future monsters, that the infamy will long survive the records. The 26th of January, 1808, the memorable day when, by the spontaneous impulse of a united colony, he was arrested; and fortunate for the cause of humanity is it that he was then arrested, for ever** in the perpetration of the most atrocious outrages that ever disgraced the representative of a free government, has substantiated his claim to this character beyond the possibility of doubt. Dreading the resentment of the people whom he had so often and so wantonly oppressed, and having on his back that uniform which was never so dishonoured before, he skulked under a servant's bed in an obscure chamber of his house, but was at length discovered in this disgraceful hole, and conducted pale, trembling, and covered with flue,*** before the officer who had commanded his arrest; nor could this gentleman's repeated assurances that no violence should be offered his person, convince him for a considerable time that his life was in safety from the vengeance of the populace: so conscious was he of the enormity of his conduct, and of the justice of an immediate and exemplary retaliation.
[* The following anecdote, for the authenticity of which I pledge myself, will afford a better illustration of this monster's character, than whole pages of general declamation and invective. At the period of his government cattle were very scarce in the colony, and the stockholders were very tenacious of allowing their cows to be milked, from the injury which it did the calves. Milk was in consequence a great rarity; but as the governor, naturally enough, did not choose to forego any of the good things of this life, particularly whenever it was in his option to obtain them without any expence, he had always a number of cattle from the government herds, to furnish a supply of it for his household. The surplus he generously distributed among his favourites. One of these was a gentleman belonging to the medical staff, who used in common with all those permitted the same indulgence, to send his servant daily for his share of this precious fluid. This unfortunate wight happened to go one morning a little too late; and whether the person charged with the distribution of this milk had been a little too liberal in his donations to such of the gentlemen's servants as had attended in due time, or whether the cows did not give their usual quantity that morning, there was not a drop left for him on his arrival. Not reflecting that this disappointment was occasioned by his own negligence, he ventured to make some remarks, such as "he did not know why his master should not have his share as well as another gentleman, etc. etc." which proved so highly disagreeable to the feelings of the great man who administered this highly important office, that he immediately went and complained to the still greater man who had invested him with it. This august personage not only feelingly participated in the insult which had been offered his faithful domestic, but also vowed that he should have the most ample satisfaction. He accordingly ordered the complainant to send the offending party into his presence on the following morning; strictly enjoining him before hand, to take especial care that he should remain ignorant of the chastisement which was in petto for him. The next morning when the poor fellow came as usual for his master's quota of milk, he was told by the great man whom he had the day before unwittingly offended, that the governor desired to speak to him. Wondering that so distinguished a personage should even know that so humble a being as himself was in existence, and at a loss to conjecture what could be his gracious will and pleasure, he was ushered trembling into his dread presence. In an instant his alarms were quieted. The governor told him with a condescending smile, that as the chief constable's house was in his way home, he had merely sent for him to be the bearer of a letter to that person, from a desire to spare his dragoon the trouble of carrying it. The poor fellow, of course, delivered the letter with all haste, little imagining what were its contents. When the chief constable perused it, he ordered out the triangles; the poor wretch was instantly tied up to them, and in a stupor of surprise and consternation underwent the punishment, (whether twenty-five or fifty lashes I am not sure) which was ordered to be given him, without any explanation till after its infliction, of the reasons why he received it. Was not this a refinement of cruelty worthy the most atrocious monster of antiquity?]