Van Diemen's Land wool was not an article of export until 1819. Only 71,000 pounds had been sent to London from New South Wales, but some had realised even 7s. 6d. per lb.; in one instance 10s., it is said, by a friendly competition: a sum three times greater than the English price of the finest continental wool. A specimen had been manufactured for George IV., and which so pleased him that he directed Sir J. Bloomfield to enquire if more could be obtained in England. There seemed now no hesitation in giving credit to Macarthur's prediction, that the boundless pastures of New South Wales would relieve the manufacturers of dependence on Spain.

That great encouragement had not been afforded, and greater progress accomplished, may be considered surprising. The wool of commerce was still inconsiderable; although the flocks of both colonies amounted to 200,000. Before the merino was first introduced, the fleece was considered worthless. The operation of shearing was often delayed until the sheep were injured: it was a deduction from the profit. The wool was burned, or thrown into the stock-yards as manure.

In 1819, the captain of the Regalia accepted a proportion of Van Diemen's Land wool, in exchange for merchandise: it had no market price, its expenses were considerable, and a duty of 3d. was levied at London. A sample was seen by Mr. Hopkins lying in the docks in the worst possible condition: the speculation was a failure. The colonial government bought several tons a few months after at 3d. per lb. for mattresses, a sum that scarcely paid for its conveyance from the interior. The duty, formerly 3d., was reduced, on the recommendation of the commissioner, to 1d. per lb.

To Mr. Henry Hopkins the public are indebted for the first appreciation of Tasmanian wool. In September, 1821, he offered by advertisement a price in money, and bought at 4d. per lb. Twelve bales sold in London, the entire wool export of the colony, for 7d. per lb., or L88: the expenses were nearly half that sum. The merchants, however, continued to purchase, and the settlers to improve their flocks. In 1823, five hundred and fifty bales were exported in the Deveron, and an equal quantity in other vessels; and the wool of Clarendon rivalled the flocks at Port Jackson.

FOOTNOTES:

[Footnote 111: Bigge's Report.]

[Footnote 112: Par. Pap.]

[Footnote 113: Bigge's Report.]

[Footnote 114: Bigge's Report.]

[Footnote 115: Par. Pap.]



SECTION VII.

The Britannia, a vessel the property of Messrs. Enderby and Sons, first discovered the whale fishery.[116] On doubling the south-west cape of Van Diemen's Land the crew saw sperm whales: in their progress to Port Jackson they fell in with prodigious shoals, as far as could be seen from the mast head. On arriving at Port Jackson the captain secretly informed the governor, who facilitated his preparation for a cruise. The sailors, however, did not conceal their observation, and two other vessels, the Mary Ann and Matilda, sailed one day before the Britannia and the Salamander, on the 1st November, 1791. On their departure they encountered bad weather, but saw whales in great plenty. The attempt was, for the moment, unsuccessful. Great expectations were formed by the colonists, who anticipated that this port would be a rendezvous of fishermen. This fishery, pursued since with so much vigour, was of little immediate value to Van Diemen's Land.

The duties payable on exports from the colonies were both excessive and unequal; especially in oil, the difference amounting to almost absolute prohibition; being twenty times greater than by London ships. The settlers could only procure for their own consumption or the Indian market. The whalers often carried on their operations in sight of the towns, and heaps of bone at that period lay on the eastern shore. Of the first whale taken in the Derwent, Jorgen Jorgenson declared himself the captor.

The trading pursuits of the inhabitants were fettered by the privilege of the East India Company. The act of parliament authorising its charter, prohibited the employment of vessels less than 350 tons between England and New South Wales; the small coasting trade was, therefore, solely eligible to the people of these colonies except in vessels unsuitable to the extent of their commerce. Thus, even the Mauritius was closed against the corn and meat of this country. This law was repealed in 1819, and thus vessels of any tonnage could be employed in the colonial trade.

In the islands of the straits sealing was pursued with such vigour, that it was comparatively exhausted at an early date: small vessels were employed in the dangerous navigation, and not unfrequently lost.

Few instances of nautical disaster and personal misfortune have surpassed the case of Captain Howard, in 1819. He was robbed of an iron chest containing money and jewels to a large amount. Next, the Lachlan, his property, was stolen by convicts. He freighted the Daphne for India, and sailed with two women and a boy, beside the crew. They anchored at Kent's Group, and Howard landed. The brig, some hours after, was observed to drift: the wind blowing hard on the shore, her destruction was inevitable. The long boat was laden, and leaving behind the passengers and some seamen, Howard after great efforts reached the Derwent. Under his direction, the Governor Sorell sloop was dispatched to receive the people left on the island. Meanwhile the John Palmer entered the group, took off the women and the boy, and a bag of 400 dollars left in their charge; and was lost with the whole of her cargo. Nor was the Governor Sorell more fortunate: the seamen of the Daphne, who left the island in a boat, saw on the north-east coast of Cape Barren, the binnacle and other fragments of that vessel, in which Howard perished.

The same fate seemed to attend his property after his death. He had freighted the Frederick and the Wellington with sheep and cattle for the Isle of France, a market which then offered large gains. After some delay they reached the Northumberland Islands, off which the stock all died, from want of room and the influence of climate. Unwilling to proceed without cargo, the captain detained the vessels for spars. Here the Frederick was wrecked, and twenty-two of the crew were drowned; but the chief officer, one woman, and a boy, reached the Wellington. They then proceeded to Timor, constrained on the passage to subsist on the preserved hides of the cattle. From Timor they proceeded to Batavia: the captain died, and the crew dispersed; and the vessel was taken under charge by the Orphan Chamber, her register being lost, and her owners unknown!

A calamity still more singular, may be worth record.[117] The Surrey, Captain Raine, left the Derwent in 1820. Having heard that men were detained at Ducie's Island, he went there in search of them. The men came to the beach, but could scarcely articulate from exhaustion: they had belonged to the Essex, a whaler. One day, a whale of the largest class struck the vessel, and broke off part of her false keel: she then went a-head of them a quarter of a mile, and turning back met the vessel with such tremendous velocity that she was driven back at the rate of several knots: the sea rushed in at the cabin windows; every man on deck was knocked down, and the bows were completely stove in. The sailors were obliged to abandon the vessel, and after visiting several islands were found by the Surrey as described.

The strong inclination to trade, common to emigrants, was in these colonies a passion, while the settlers were of the lower class. The want of coin induced the government to pay the debts it incurred in rum, which, commonly valued at L1 per bottle, passed from hand to hand. The commissariat receipts were, however, the chief medium of exchange: they were acknowledgements of the delivery of goods for the use of the crown. They were paid by the settlers to the merchants, who on the appointed days presented them for consolidation, and received in return bills on the lords of the treasury. Every trader issued his notes. The islands of Scotland possessed a small paper currency, and to that origin were we probably indebted for our own. Dr. Johnson found such trifling bills in circulation during his celebrated tour. In Hobart Town they were issued in great profusion.[118] Often of the lowest value, both in amount and in credit, they kept afloat by the risk which their refusal involved. When presented in small quantities they were usually paid. A trader rejecting his neighbour's bills would be harrassed by his revenge: this was, however, done in some instances. A large issuer of notes in Launceston was staggered by a sudden demand for payment: to maintain his credit he borrowed dollars, and gave additional notes as security. A few days after they returned, and the same dollars were again borrowed by the unfortunate financier. The run was devised by his clerk, who managed by such manoeuvres to obtain a large bonus for negociating a loan of coin. The credit of these notes depended greatly on the Naval officer, a sort of collector: if admitted in payment of duties, they were current everywhere. The criminal courts continually exhibited frauds, consequent on these small issues. The issuers, however, had many chances in their favor: they did not always know their own notes; but great numbers were destroyed by persons intoxicated, or lost or worn out. The meaning of payment in currency, they interpreted, as giving one note for another, or four shillings for five shillings.

The colonial dollars were mutilated to prevent their exportation. In 1810, dollars were imported from Bengal. To make a smaller coin the centre was struck out, and valued at 1s. 3d.; the ring retaining its full current value. The crown payed the dollar as five shillings, and received it as four shillings; thus gaining 20 per cent. in exchange for bills, and in the settlement of accounts: an injustice so shameful was the subject of parliamentary reprobation, and ultimately suppressed. In 1824, the Samarang imported L10,000 of British silver, and the lords of the treasury directed that British coin should be paid to the troops, and taken in exchange for treasury bills.

The establishment of the Van Diemen's Land Bank (1823) was the most effectual remedy of many financial difficulties. The traders obtained a charter from Sir Thomas Brisbane: the capital was divided into shares of 200 dollars, and its direction was committed to a local board.[119]

The issues of individuals were finally suppressed by act of council. The detection of many frauds enabled the dishonest, with a show of right, to dispute payment. They were sometimes recovered in the court of request. Justice was once secured by Mr. Hone, in the following manner:—The defendant was requested to select the notes he admitted to be genuine, and then to hand both parcels to the bench: these being marked were dropped purposely, and the defendant unsuccessfully attempting the same division once more, showed that his repudiation was fraudulent, and lost the cause.

It was the custom to load a cart with goods, and send it through the country: the peddling merchant exchanged his commodities—a cask of rum, a basket of tobacco, a chest of tea, a bale of slop clothing—for sheep and cattle. The profits were often enormous: on his return to head quarters he would appear with a flock worth five times the original cost of his merchandise.[120]

The manners of a people are seen in the courts. A series of trials, arising from the same transaction, included a considerable portion of the settlers, and illustrated the trading habits which prevailed. Mr. Gunning being indebted to Mr. Loane, a merchant, agreed to pay him in cattle: this arrangement was superseded. Fearing, notwithstanding, that his claim would be damaged by a general insolvency, Loane took with him seven men, and swept from Gunning's premises a herd of various ownership. For this he was called in question by the police as a felon: in retaliation, he instituted actions for malicious prosecution. Crossley, an emancipist lawyer, issued summonses, and instructed the officer to arrest, contrary to standing orders; but Timms, the provost marshal, to exhibit a spectacle, captured the police magistrate proceeding to government house. The whole settlement was involved in actions arising out of the debt, rescue, and criminal charge, either as parties or witnesses. The provost marshal was dismissed for "drunken ignorance." These trials occurred in 1821, during the circuit of the judge, Barron Field, who was induced, by the representations of Commissioner Bigge, to hold a session in this colony.

FOOTNOTES:

[Footnote 116: Hunter's Historical Journal.]

[Footnote 117: Methodist Magazine, 1821.]

[Footnote 118:

"No. 20. Hobart, 1st May, 1823.

SIXPENCE. I promise to pay the bearer on demand the sum of Sixpence, for value received. A. B."]

[Footnote 119: Names of first directors and officers:—E. F. Bromley, A. Bethune, F. Champion, G. C. Clarke, A. F. Kemp, A. Macleod, and D. Lord; R. Lewis, cashier.]

[Footnote 120: Curr's Account, p. 44.]



SECTION VIII.

The ecclesiastical notices contained in this work, will relate chiefly to external and material interests. The eye of a stranger cannot be expected to survey with impartiality the peculiarities of systems. It will be attempted to supply a few general facts acceptable to the community at large.

During the first years of this colony the duty of providing religious instruction, was both admitted and neglected by the state. The clergy were limited to the towns, who with the clerical functions united the business of agriculture and the administration of punishments. The church of England was then regarded by statesmen as the religion of the empire, and to clergymen of the episcopal persuasion the spiritual interests of the settlements were confided.

The first clergyman of New South Wales was the Rev. Richard Johnson: his labors were prosecuted under many discouragements. The priest of a Spanish vessel raised his hand with astonishment when he found (1793) no sacred edifice had been provided, and that the clergyman sought some shady spot to evade the burning sun in the performance of his ministry. He remarked, that the first house his own countrymen would erect, would be a house for God.[121] The habits of the officers discouraged a moral reformation. Earl St. Vincent had prohibited the marine officers taking their wives. A lady, who followed her husband in the disguise of a sailor, was sent home by Governor Phillip, when half her voyage had been completed.[122]

Four years having elapsed, in vain expectation of official help, Mr. Johnson erected, at his own cost, a wooden building: strong posts were driven into the ground, the walls consisted of wattle and plaster, and the roof was thatched: thus the first Christian temple in this hemisphere was raised by a voluntary effort. This building was maliciously destroyed. After a long season of slumber, the governor resolved to enforce the observance of the Sabbath, which had been commonly spent in "abominable dissipation." The prisoners were compelled to attend on public worship, and their officers enjoined to accompany them: a few weeks after, the church was in flames. The governor, irritated, threatened to employ the workmen on Sunday to erect another church; but a large stone store being available, it was fitted up for the purposes of devotion, and the weekly penance exacted in another form more suitable to the day (1778). Mr. Johnson returned to Great Britain: he was the first who reared orange groves, from which he realised considerable wealth.[123]

Before Mr. Johnson's removal, the Rev. Samuel Marsden arrived: a man of great intellectual and physical energy, who while he accomplished much for his family, effected more as a clergyman. Mr. Marsden was a graduate of St. John's, when he received his appointment, which was pressed upon him. His mission excited great interest. He was about to address a large assembly at Hull, when the vessel fired a signal to weigh anchor: the service was suddenly stopped, and Mr. Marsden proceeded with his bride to the boat, followed by the whole congregation, who covered the young adventurers with benedictions.

Mr. Marsden resided at Parramatta, where his agricultural success was conspicuous. Peron exclaimed—"The whole of this spot was covered with immense and useless forests. With what interest have I trodden over these new meadows, through the midst of which this respectable pastor conducted me himself with the most affectionate kindness. Who could have believed it! This residence is seven or eight miles from Parramatta, in the midst of woods; and it was over a very excellent road in a very elegant chaise that Mr. Marsden drove me. What exertions must have been taken to open such communications: these pastures, these fields, these harvests, these orchards, these flocks, are the work of eight years!" In his spiritual husbandry Mr. Marsden was not at first equally successful.

He returned to England in 1808, and the colony was left for some time without any clerical instructor. The Rev. Mr. Fulton, a protestant clergyman of Waterford, transported for sedition, was stationed at Norfolk Island, and Father Harold, an exile, a catholic priest, had returned home. "There was," says Holt, "no clergyman to visit the sick, baptise the infant, or church the women. So we were reduced to the same state as the heathen natives who had none of these ceremonies." At this period, however, many missionaries, driven from Tahiti, took refuge at Port Jackson. Some were employed as preachers, and others as schoolmasters, and several rose to considerable station and wealth, while others resumed their mission under more favorable auspices.

Mr. Marsden succeeded in arousing the attention of the ministry: additional clergymen were procured, and schools were established. The country-born children displayed an aptitude for instruction which kindled the most pleasing hopes. They exhibited a feeling, approaching to contempt, for the vices of the convicts, even when manifested in the persons of their parents.[124] "These feelings," said Sidney Smith, "convey to the mother country the first proof that the foundations of a mighty empire are laid."[125]

It is scarcely possible to imagine a condition more unfavorable to the rising race; and yet the aptitude for instruction, and the self-respect observable in the Australian youth, have been remarked by every visitor from the earliest times, not without astonishment. It is not uncommon to see children of the most elegant form, and with an open countenance, attended by parents of a different aspect, as if a new region restored the physical and mental vigour of the race.

A pleasing instance of the love of knowledge occurred during the early ministry of the Rev. Mr. Cartwright, which he related to Governor Macquarie. The river which separated them from his dwelling was swollen, and knowing the ford was impassable, he saw with great amazement his young pupils approach his Sunday school: they had tied their clothing on their heads, and swam across the stream.[126] It is asserted, that without any other instruction than a casual lesson, some learned both to read and write.

The Rev. Robert Knopwood, who arrived with the first settlers, was long the sole chaplain of Van Diemen's Land. In addition to his clerical functions he regularly sat as a magistrate. He had not much time to care for the spiritual interests of his flock, and of his success in their reformation nothing is recorded: his convivial friends are the chief eulogists of his character. His little white pony was not less celebrated. Mr. Knopwood received a pension, and was subsequently appointed chaplain to a country district: he died in 1838. The gaiety of his disposition made him a pleasant companion and a general favorite; and conciliated whatever esteem may be due to a non-professional reputation.[127] Mr. Knopwood was not, however, unwilling to tolerate the assistance of a sect whose zeal wore a different aspect from his own. The wesleyan ministers found a kindly welcome and an open field.

In the absence of clergymen, it was customary for the magistrates to conduct public worship, or where that was not possible, to assemble the prisoners and accompany the inspection with a few words of advice.[128]

The attention of the London committee of the wesleyan mission was aroused by their agents stationed at Port Jackson, who referred to this colony as "a settlement called the Derwent, two weeks' sail distant." The Rev. B. Carvosso, on his passage to New South Wales, touched at Hobart Town, in the month of May, 1820. He embraced the opportunity thus offered. He was introduced by the Rev. Mr. Knopwood to the governor, who authorised and protected his teaching. Mr. Carvosso stood on the steps of a dwelling-house; his congregation partly within and partly without: his wife conducted the psalmody. The text which initiated the wesleyan ministry was characteristic of its style and results: "Awake thou that sleepest!" The colony required such addresses. Mr. Carvosso's description of the inhabitants may be imagined: they were kindly, but dissolute. At New Norfolk and at Pittwater, with a population of several hundreds, no religious service had been performed. A seriously-minded soldier, by diligent inquiry, found out a settler said to be religious. To converse with this person, he took a journey of fifteen miles, and found him swearing!

Shortly after Mr. Carvosso's departure, several soldiers of the 58th regiment, who at Sydney adopted the sentiments of methodism, were quartered in the island. They prompted a Mr. Noakes to obtain a room for worship: eight persons met on the 29th October, 1820, at a house in Collins-street, Hobart Town. They next removed to the residence of a Mr. Wallis: the soldiers and their coadjutor filled up the hour with singing, exhortation, and alternate prayer. Corporal Waddy appears to have been the leader of the band. They were assailed with great, though transient fury: their devotion was stifled by hostile noises. The governor, however, interfered, and the disturbers were intimidated.

But the landlord of the house growing weary of their company, they sought a place of refuge. Donne, a carpenter, whose skilling formed a workshop, was entreated to arrange it for worship. At first, he gave a hesitating consent: his wife, a woman of vigorous temper and "a Romanist," violently interdicted the project; "but," says the chronicler, "that night there was a dreadful storm; the house rocked: she awoke in terror, exclaiming, 'the methodists shall have the room!'" The building became too small: it was enlarged to accommodate three hundred persons: a society of fourteen members was constituted. On the 13th May, 1821, a Sunday school was established; the first in Van Diemen's Land. All this was done in the absence of a minister. Waddy, who was made a sergeant, went to India, where he soon died. He was mentioned with admiration by his brethren. Donne had been a prisoner: he lived to acquire the respect and confidence of his neighbours. His proper name was Cranmer: he was descended from the family of the illustrious archbishop.[129] He remained in membership until his decease. Mr. Noakes, the organiser of these wesleyan victories, became dissatisfied with their results: the Gazette, of 1823, announced that he had withdrawn from their fellowship. To him, however, belongs the honor of gathering the first school for gratuitous instruction.

In the year following, September 21st, 1821, the Rev. Mr. Horton arrived. His labors were fatiguing and minute: he read the scriptures to "four persons in one place, and addressed twelve in another; chiefly old people and young children." He describes the social state of the country: "The wretchedness of Launceston is past description:" "of the deaths at New Norfolk, all except two are attributed to accident or drunkenness."

Mr. David Lord gave Mr. Horton a plot of ground, and he resolved to build. He was indefatigable in his collections; and by contributions, then thought liberal, obtained L400.; but chapels are not built by cautious men. Having raised the walls his money was gone; and they remained long uncovered: a reproach to his calculation, but not to his faith. The Rev. R. Mansfield, two years after, obtained timber and labor from the government: gifts and loans were provided by the society in England, and the building was completed.[130]

In 1822, a considerable religious immigration took place. Carvosso transmitted accounts of the material and moral prospects of the colony, which determined several of that class to settle in this island. They embarked in the Hope, and encountered great dangers in the British channel. On their complaints the vessel was seized, under an act for the protection of passengers; and the Heroine being chartered for the purpose, they were transmitted at the expense of the government. The owners successfully appealed against the seizure, and accused the passengers of conspiracy; who, however, themselves suffered considerable detention and loss.[131] Many still survive, having largely contributed in their various spheres towards the social improvement of the country.

Mr. Knopwood was superseded, as principal chaplain, by the Rev. William Bedford. This gentleman received his appointment by the recommendation of persons who had been impressed by his zealous attendance on criminals awaiting execution in the metropolitan gaols.

The presbyterian church was founded the same year by the Rev. Archibald Macarthur. He was cordially received as a representative both of his country and his religion: though not himself of the national church, most Scottish names are appended to the first subscription for his stipend.

The co-operation of the various bodies was not prevented by their differences. Of the first annual meeting of the wesleyan mission, Mr. Bedford was president, and the whole community joined in the support of a bible society, the first religious institution of the colony.

The missionaries who fled from Tahiti a second time, formed at Sydney a bible society, under the patronage of Macquarie, and transmitted a considerable supply to the care of Mr. Knopwood. In return for the liberal gift, an auxiliary was formed, of which Messrs. Birch and Dry were the lay officers. The meeting held in May, 1819, contributed L100 on the spot: L300 during the year. This munificence was avowedly for the credit of the settlement. Not only did the institution unite all sects, but it was the first instance of friendly co-operation between the emigrant and emancipist classes.[132] Among the contributors were twelve who, giving 5s. each, designated themselves the "members of the free and accepted masons of St. John's Lodge, Hobart Town." An early general meeting of the society was an example of dispatch: the governor took the chair, the report was read, the resolutions passed, and the meeting dispersed within ten minutes. With such celerity were pious labors finished in those days.

The erection of the archdeaconry in favour of the Rev. W. Scott, in 1824, was the result of his visit to the colonies, as secretary to Commissioner Bigge, whose reports were attributed to his pen. His alleged hostility to the emancipists excited resentment, and detracted from his usefulness. When delivering his charge at Hobart Town, the governor required the attendance of all officially connected with the government, whatever their faith. New South Wales was within the diocese of Calcutta, but the relation was nominal; yet the newspapers did not think a visit from Bishop Wilson improbable.

The Rev. John Youl, formerly a missionary at Tahiti, was the chaplain of Port Dalrymple. His labors were divided between George Town and Launceston, and until his arrival no clergyman had ever visited the northern districts of the island.[133] In 1819, he made a tour, and baptised sixty-seven children, and married forty-one couple; many of whom were recognised as such before his interposition.[134] He was accustomed to call his congregation together by the sound of an iron barrel, which was swung to a post, and struck by a mallet; or he announced his arrival by walking through the settlement in his canonical dress.

Launceston was destitute of a clerical resident until 1824, when Mr. Youl returned with the establishment from George Town. The people were sometimes weeks without a service, and three years without a clergyman. Shortly after, during a visit of the governor, the church was crowded; an event said to be unparalleled in the history of Launceston. The church was a wooden building of small dimensions: sometimes occupied as a court, sometimes as a temporary sleeping place for prisoners; sometimes as a stable.[135]

The disposition of Mr. Youl was amiable, and his professional reputation unblemished: placed in a station of little promise, he cultivated the minds and affections of the young, and discountenanced vices he could not extirpate.

The first Roman catholic priest established at Hobart Town, was the Rev. Peter Connolly. Less polished than his protestant friend, Mr. Knopwood, he was not less genial in his temper: the pastor of a people drawn chiefly from the Irish peasantry, he well understood their character. He received a grant from the crown, and erected a humble chapel and dwelling-house; which he ascribed partly to the charity, and partly the penance of his flock. He used a common brush to sprinkle them with holy water, and spoke of their faults without much softness or reserve. Occasionally an execution required his services at Launceston, otherwise a place long overlooked by the priesthood.[136]

The return of the Sabbath was unattended in the country with a religious welcome. Many employed their time in hunting: the more scrupulous in visits, and the profane in labor or intemperance. A gentleman, now distinguished among the wesleyans, was found by his neighbour ploughing by the road side on Sunday morning: both himself and his men had forgotten the day. Yet at the houses of all, a minister of religion, of any name, met a cheerful entertainment and a willing audience. Whether that the presence of an intelligent stranger is itself a grateful interruption to rural solitude, or that the miseries resulting from sin were too apparent for dispute, the utility of religion was never openly questioned; and it is certain, that few people were less inclined to reject the instructions, or to affront the ministers of religion.

FOOTNOTES:

[Footnote 121: Collins, vol. i. p. 498.]

[Footnote 122: Life of John Mason Good.]

[Footnote 123: Holt, vol. ii. p. 97.]

[Footnote 124: Bigge's Report, p. 104.]

[Footnote 125: Works, vol. ii. p. 44.]

[Footnote 126: Reid's Voyages, p. 312.]

[Footnote 127: He is thus described by a companion, in the Hermit in Van Diemen's Land: "The good old gentleman at length warmed with the subject, and said in an under tone—'You must come and see Bob at the cottage. Yeoix, yeoix: tantivy, tantivy;' to which friendly invitation I immediately assented."]

[Footnote 128: The following is a discourse delivered by Captain Nairn, and by its constant repetition was impressed upon the memory of the relator. Captain Nairn would stand and thus address the prisoners on a Sunday morning:—"Now, my men, listen to me. I want you all to get on. I was once a poor man like you; but I used to work perseveringly, and do things diligently and as such got taken notice of, until I became a captain of the 46th. Now, I want you to work perseveringly; do things diligently, and that will make you comfortable; and I will assist you, that you may have houses for yourselves, and rise up to be equal to me." It may be questioned if many sermons of greater pretensions, have not been less humane and effectual; and this was often the sole substitute for public worship.]

[Footnote 129: These statements are taken from the official papers of the mission.]

[Footnote 130: The Rev. Mr. Mansfield continued until 1825. Under his care the institutions peculiar to the wesleyans were fully established: their love feasts, in which they relate the rise and progress of their religious experience; their watch nights, when they wait in silent prayer for the first moment of the new year; their covenant, in which standing up together they pledge themselves to the service of the Almighty.]

[Footnote 131: Godwin's Guide to Van Diemen's Land.]

[Footnote 132: Bigge's Report.]

[Footnote 133: Ibid.]

[Footnote 134: Gazette, February, 1819.]

[Footnote 135: Eye-witness.]

[Footnote 136: Mr. Fitzgerald, a respectable settler, speared by the natives (1831), was carried to his grave by his neighbours; but was indebted to a prisoner, sought out for the purpose, for the religious rites usual at funerals.]



SECTION IX.

On the 19th July, 1823, the British legislature enacted a law for the "better administration of justice in New South Wales and Van Diemen's Land, and for the better government thereof;" to expire at the close of the session of parliament, 1827. The old courts with their military functionaries were superseded,[137] and a supreme court erected; whose jurisdiction extended to causes, criminal, civil, and ecclesiastical. The judges were entitled to the powers and jurisdiction enjoyed by the courts of King's Bench, Common Pleas, and Exchequer of England; and to enquire into and determine all treasons or other crimes committed within the Indian or Pacific Oceans. The military jury of seven officers on full pay, were retained; but the court proceeded according to the forms of civil tribunals. The trial of civil issues was confided to the judge, and two justices of the peace chosen by the governor; the right being given to either party to apply to the court for a jury of twelve freeholders. The king was authorised to extend trial by jury at pleasure. Causes of more than L500, or a less sum with consent of the judge, were subject to appeal to the governor of New South Wales; and appeals in certain cases were allowed to the king in council. The rules of court were authorised by the king. Courts of quarter session, and of request for sums under L10, were established. The governor, with the advice of a council of five or seven, or the major part of them, was empowered to enact ordinances not repugnant to the laws of England. The duties levied under former acts were made perpetual, but the council were inhibited from imposing a tax, except for local purposes. The governor, with one member assenting, could pass any law: or, for the suppression of a rebellion, although all might dissent: and the king was empowered to enact an ordinance which the council might reject.

It was provided also, that the king might erect Van Diemen's Land into a separate colony: confer on the acting-governor, in the absence of the governor-in-chief, the various powers conveyed by the act; and, in that case, terminate the dependence of the supreme court on the court of New South Wales. On these extensive powers the checks provided were the requisite preliminary certificate of the chief justice, that the ordinances proposed were consistent with the laws of England, or the circumstances of the colony; the exposure of these acts on the table of the House of Commons; the obligation of the governor to show cause for the act passed in defiance of his council; the prohibition of direct taxation, except for local purposes: guarantees of little value at the time of their adoption, but rendered of greater importance by the growth of freedom in the empire at large.

The act of parliament did not pass without animadversion and discontent. Sir James Mackintosh moved that a jury of twelve should be substituted for the clause constituting a military jury—the most obnoxious portion of the bill. In this he was seconded by Mr. Wilberforce, but the proposition was defeated by a majority of eleven. Mr. Canning recommended a compromise between the friends and opponents of the bill, by limiting its duration to five years, and to this the minister assented.

The capacity of the colonies to furnish jurors was long a subject of debate, Mr. Justice Bent stated, that after full consideration he recommended a grand and a common jury, in conformity to the English law, and the trial of convicts by the police;[138] but Commissioner Bigge pronounced against the scheme, and was confirmed in his opinion by the leading colonists of the time. The whole state of society opposed serious objections to its adoption, and it was scarcely practicable in Van Diemen's Land.

The settlers were generally desirous that Van Diemen's Land should be erected into a separate colony. To this, Sorell was opposed. He thought the measure premature: tending to augment the expenses of government; to deprive the people of the advantages of an appeal to the elder colony, and of participation in that more liberal system of government a larger community could demand. A public meeting was, however, summoned, and a petition adopted by acclamation. The sole dissentient present, Mr. Murray, was roughly treated by the petitioners.

The nearer inspection of a chief authority, and the more ample means possessed for good, were its advantages; but it occasioned a more rigid separation in social life, multiplied offices which might have been long confined to the elder colony, and removed too far the governor and courts from effectual oversight and appeal. The colony was not sufficiently consolidated to oppose a force of public opinion to the despotic tendencies of the new constitution.

This petition was forwarded to the king through Mr. Edward Barnard, the colonial agent, who owed his appointment to the suggestion of Mr. Bigge, and the nomination of Lord Bathurst. His office was not, however, political. He was authorised to purchase stores for the local government; to give drafts on the colonial funds in exchange for cash; and otherwise to assist persons designing to emigrate to this country. He received 8 per cent. commission, and a salary until 1839, when it was withdrawn. He bore no resemblance to those bold political agents, such as Franklin, sent by the American colonists to watch their interests in Great Britain.

* * * * *

In the early journals the name of Sorell occurs frequently, to illustrate the qualities which adorn a ruler, and to point a satire on his successor. On his departure a banquet was given him, where, said the reporter, "the cup was often replenished, and the flow of reason never ebbed." It was observed, that the return freight for merino wool, which the colony owed to his care and foresight, anchored beside the Guildford, that was to carry him home.

Towards the close of Sorell's government, the commerce of the colony was assisted by the enterprise of some British merchants. A company was formed at Leith, with a capital of L100,000, professing to promote the welfare of the colonies, by taking their produce in exchange for merchandise. A succession of vessels were dispatched: the first was the Greenock; among the rest, the Triton, Captain Crear. These vessels introduced many families from Scotland, whose moral worth and successful enterprise have established their families among the chief of the land. The shipments provoked the anger, and broke up the monopoly of the local merchants.

The administration of Sorell was successful in colonial estimation: his habits were familiar without rudeness, and his fine countenance attracted the confidence of the stranger. He was accustomed to linger about the gate of government house, chatting with the passers by, and a slight excuse entitled the humblest ranks to prefer their solicitations. The admiration expressed by the settlers for his character, was partly the result of their relative positions. He was a dispenser of crown favors, and when compelled to refuse an immoderate suitor, he could refer his request to the governor-in-chief. The rigour of king's commissioner was softened by his official worth: nor is it necessary to search for a censure, amidst such concurrence of praise. The settlers, to express their regard, agreed to offer Sorell a testimonial of L750 value. They deprecated his recall by petition[139]—a rare instance of popular favor: there was but one dissentient. A request so unusual might, perhaps, have been successful, had it not come too late.

On his return to England, he received a pension, which commencing in 1825, continued until his death—twenty-four years, and amounted to L11,500: more than the official salary he received during his government twice told. This pension was authorised by the crown, and charged on the colonial revenue. Sorell was colonel of the 48th regiment: he died on the 4th June, 1848, in the seventy-fourth year of his age.

The aspect of the country at this time was not inviting to strangers; but the current of colonisation was set in, and its ultimate superiority, compared with all others, became an article of Tasmanian faith. On this subject the agricultural societies maintained a war of papers. Baron Field, the chief justice of New South Wales, was the champion of that country, and dwelt on its vast forests, its wool, its boundless pastures and rivers. The president of the Tasmanian agriculturists urged all in the defence of Van Diemen's Land, which became his position. At that time, protective laws had not furnished them with more formidable weapons.

The trials and disappointments of the colonist pioneer, will have been long since forgotten. The modern emigrant to Australia can know them only in part. He is carried to his destination by a public conveyance, at a cost determined by extensive competition. He can have the mechanical labor he may need: he can buy the stock, descended from European flocks and herds, lower than in their native regions. The choice fruit trees, flowers, and plants, which multitudes have combined to collect, he can obtain often at a gift. The costly experiments of his predecessors have established the rules which preserve his crops from destruction, or his folds from disease. There is a market for his produce, and a bank for his money; and a school for his children.

A poet, of some celebrity, predicted the fortunes of Tasmania. The picture he drew, is no unpleasing prospect for posterity:—

"Now, on my soul the rising vision warms, But mingled in a thousand lovely forms! Methinks I see Australian landscapes still, But softer beauty sits on every hill: I see bright meadows, decked in livelier green, The yellow corn-field, and the blossomed bean: A hundred flocks o'er smiling pastures roam, And hark! the music of the harvest home! Methinks I hear the hammer's busy sound, The cheerful hum of human voices round; The laughter and the song that lightens toil, Sung in the language of my native isle! The vision leads me on by many a stream; And spreading cities crowd upon my dream, Where turrets darkly frown, and lofty spires Point to the stars and sparkle in their fires! Here Sydney gazes, from the mountain side, Narcissus-like upon the glassy tide! O'er rising towns Notasian commerce reigns, And temples crowd Tasmania's lovely plains! The prospect varies in an endless range; Villas and lawns go by, in ceaseless change: And wafted on the gale from many a dell, Methinks I hear the village Sabbath bell! Faith upward mounts, upon devotion's wings, And, like the lark, at heaven's pure portal sings; From myriad tongues the song of praise is poured, And o'er them floats 'the spirit of the Lord!'"[140]

FOOTNOTES:

[Footnote 137: Mr. Samuel Bate, after exercising the functions of judge at Port Phillip (1803), returned home, and received the appointment, many years after, of inspector of excise, at Port Jackson.]

[Footnote 138: Par. Pap. 1812.]

[Footnote 139: The following may be considered almost unparalleled in the history of modern colonies, and in this has never been repeated. The government of Sorell was rather patriarchal than despotic; and compared with the mass of newly arrived emigrants he was the old inhabitant. Many who had never seen official men, but at an awful distance, were charmed with the affability and kindness of the governor, and his recall seemed the withdrawal of a liberal patron:—

"AT A PUBLIC MEETING of the Landholders, Merchants, and Free Inhabitants of Van Diemen's Land, by public advertisement assembled, at the Court House, in Hobart Town, the 30th day of October, 1823, JOHN BEAMONT, Esq., Provost Marshal of Van Diemen's Land, in the chair;

"Resolved—(Moved by Edward Abbott, Esq. junior, seconded by James Gordon, Esq.)—That in the present state of this colony, that union of wisdom and experience, which his Honor Lieutenant Governor Sorell has on every occasion so strikingly exhibited, is most essential to our general and individual interests. It becomes therefore of the very utmost importance to us, that in any contemplated changes, as to this colony, Lieutenant Governor Sorell may not be removed from his present government; inasmuch as no successor, whom it may be the pleasure of his Majesty to appoint, can be possibly expected to bestow all that general and individual attention to our wants and wishes, and to be able, satisfactorily and advantageously, to encounter any difficulties which may occur, without a considerable lapse of time, and much probable encreased inconvenience; while from the steady, calm, decided, and experienced judgment of his Honor Lieutenant Governor Sorell, we have every reason to hope for the most prosperous continuation of his present successful administration.

"2nd. Resolved—(Moved by A. F. Kemp, Esq., seconded by F. Dawes, Esq.)—That a most dutiful Address be presented to his Majesty, grounded upon the preceding resolution; and that a committee of fifteen gentlemen be appointed to prepare the same, and to carry into effect the object of the present meeting, in such manner as shall appear most proper and expedient.

"3rd. Resolved—(Moved by T. G. Gregson, Esq., seconded by W. A. Bethune, Esq.)—That the Address, when signed, be forwarded with the least possible delay to Edward Barnard, Esq., our colonial agent in London, requesting that gentleman to adopt the necessary measures for forthwith submitting it to his Majesty's most gracious consideration, and to use his utmost endeavours to obtain the object of the same.

"4th. Resolved—(Moved by R. L. Murray, Esq., seconded by J. Gordon, Esq.)—That a subscription be forthwith entered into, to defray the expenses which may arise from carrying into effect the present resolutions, and for the purpose of presenting to his Honor Lieutenant Governor Sorell a Piece of Plate, in token of our affectionate remembrance of the great obligations we owe him, and that such subscription be limited to the sum of two dollars, individually.

"5th. Resolved—(Moved by A. F. Kemp, Esq., seconded by J. Archer, Esq.)—That H. J. Emmett, Esq. and P. A. Mulgrave, Esq. be requested to undertake the offices of treasurers of the subscription, for the counties of Buckingham and Cornwall, respectively.

"6th. Resolved—(Moved by T. G. Gregson, Esq., seconded by T. Anstey, Esq.)—That a copy of these Resolutions, and of the Address to his Majesty, be transmitted to his Honor Lieutenant Governor Sorell, in such manner as by the Committee shall be considered most respectful to the Lieutenant Governor, and suitable to the occasion.

"7th. Resolved—(Moved by R. Espie, Esq., seconded by J. Gordon, Esq.)—That the following fifteen gentlemen do form the committee for the purposes before resolved:—

E. Abbott, Esq. jun. T. Anstey, Esq. J. Archer, Esq. W. A. Bethune, Esq. F. Dawes, Esq. H. J. Emmett, Esq. J. Gordon, Esq. T. G. Gregson, Esq. S. Hood, Esq. A. W. H. Humphrey, Esq. A. F. Kemp, Esq. R. L. Murray, Esq. H. Ross, Esq. G. F. Read, Esq. J. Scott, Esq.

"8th. Resolved—(Moved by J. Archer, Esq., seconded by T. Anstey, Esq.)—That these Resolutions, and a copy of the Address to his Majesty, be inserted three times in the Hobart Town and Sydney Gazettes; and in the Times, New Times, Morning Chronicle, and Courier, London newspapers.

"JOHN BEAMONT, Provost Marshal, Chairman.

"The Provost Marshal having quitted the chair, and James Gordon, Esq. having been requested to take the same;

"Resolved—(Moved by E. Abbott, Esq., junior, seconded by R. L. Murray, Esq.)—That the thanks of this meeting be given to John Beamont, Esq., our worthy Provost Marshal, for the readiness with which he has convened the present meeting, and for his able, upright, and impartial conduct in the chair.

"JAMES GORDON, Chairman."]

[Footnote 140: Australia; with other Poems. By T. K. Hervey, London, 1824.]



HISTORY OF TASMANIA.

FROM 1824 TO 1836.



FROM 1824 TO 1836.



SECTION I.

George Arthur, Esq., fourth Lieutenant-governor of Van Diemen's Land, arrived in the Adrian, on the 12th May, 1824. Formerly superintendent of Honduras, he was extensively known as an officer of inflexible and energetic disposition: his administration had occasioned considerable debate, and was the subject of parliamentary and judicial enquiries. Honduras, an establishment on the American coast, was occupied by adventurers from Jamaica. At first interlopers, their presence was for a time unnoticed by the Spanish crown. A hundred years were passed in unavailing protests and opposition, when the court of Spain reluctantly recognised the location of the cutters of logwood within its undoubted territory.

In 1814, Arthur was appointed superintendent by the Duke of Manchester; at the same time he received from General Fuller the government of the troops in the following words: "I do hereby constitute and appoint you, the said George Arthur, to command such of his Majesty's subjects as are now armed, or may hereafter arm for the defence of the settlers at the Bay of Honduras; you are, therefore, as commandant, to take upon you the care and charge accordingly." In virtue of these appointments he claimed both the military and civil command, until he quitted the settlement in 1822.

In 1820, Bradley, an officer stationed at Honduras, was promoted to the rank of lieutenant-colonel on full pay, and knowing that the regiment of which Arthur was colonel (the York Chasseurs) was disbanded, he considered himself entitled to the military command, by the seniority of rank, according to the rules of military service: he refused to acknowledge longer the authority of Arthur, or to attend a council of officers to which he was summoned. Arthur instantly caused Bradley to be arrested, and his sword taken from him; and he was detained a prisoner for seventy-three days.

An account of this transaction was transmitted to Jamaica, when General Fuller, the superior officer, ordered the colonel's liberation; but forwarded to the authorities in Great Britain a statement of the dispute. The conduct of Colonel Bradley was deemed inconsistent with military subordination: he was dismissed from the service without trial; he was, however, allowed to dispose of his commission.

Colonel Bradley instituted an action against Arthur for false imprisonment: his counsel was the present Lord Brougham: Arthur was defended by the law officers of the crown. There were two questions to decide: whether the arrest was legal, and then whether unnecessary hardship had been endured by the plaintiff. The jury, considering that Bradley's detention was unnecessarily prolonged, gave him damages to the amount of L100. The appointment of Arthur to the government of this country withdrew him from the effect of a legal process, and when Bradley appealed against what he deemed the injustice of his evasion, he was told that he could await his recall. Colonel Bradley next published a statement, that General Fuller had antedated Arthur's commission as commandant, thus to justify the measures he had taken: a charge amounting to forgery. A criminal information was filed against Bradley: he was found guilty, but was not brought up for judgment.

It was decided by the judges that Bradley was mistaken, and that Arthur's title to command was regular and valid. Bradley, however, continued to maintain that he was the victim of a deep conspiracy, by which Arthur was rescued from the consequences of usurpation. It is certain that Bradley was ruined.

The judges, in pronouncing a decision on Bradley's appeal against the verdict of justification which Arthur obtained, in reference to the arrest, set aside the rules and regulations of the service. Their judgment was built merely upon the absolute discretion of the crown in the distribution of military command: they inferred that the approval of Arthur's proceedings and the dismissal of Bradley, were sufficient evidence of the royal will.[141]

This was not the only charge exhibited against Arthur. In Honduras, slavery existed in its foulest forms.[142]

Colonel Arthur obtained the countenance of an important class of politicians, by the compassion he expressed for the negro race, and his exposure of the connivance of magistrates at the cruelty of masters. He minutely described the sufferings of several women of color in his despatches to the secretary of state; and especially denounced that atrocious bench, which admitted a plea of ownership in justification of the crime of maiming. The details given by Arthur fully justify his interference, and the enmity of a people by whom they were tolerated inflicted no disgrace. Thus a mistress, whose careless severity injured the eye and severed the ear of a negro woman, pleaded the rights of property, and the magistrate admitted the defence, although the character of the sufferer was unimpeached. In flogging, the owners often stripped off the lower clothing of the female slaves, threw them on the ground, and fastened their limbs to stakes.[143]

Wilberforce and Stephen, the great advocates of slave liberation, who possessed influence with the executive, considered Arthur a valuable coadjutor in their glorious cause, and were supposed to pardon the arbitrary spirit of his government for the sake of his philanthropy. This evangelical alliance was a standing subject of reference and criticism.

It may be proper to notice the moral state of this colony on Arthur's assumption of office. The meeting which adopted a farewell address to Sorell, authorised a similar compliment to Arthur on his accession. It was couched in the language of cold respect: parting reluctantly with their late governor, the people were less disposed to welcome his successor. The reply of Arthur was not less formal and cold: he took occasion to express his conviction that the moral example of the free population was essential to the improvement of a class less favored; and that while employing his authority for the general welfare, he was resolved to maintain the rights of the crown. Such sentiments and purposes were just; but scarcely likely at that moment to be heard with pleasure. The good sense of Sorell discountenanced the excesses of vice, but the moral standard of England he had not attempted to raise. The domestic circumstances of Arthur were more favorable to his authority as a censor; and happily for our ultimate welfare, he resolved to discourage violations of social decorum. Many settlers, whose rank in life made them unwilling to contract lawful marriages with prisoners or their offspring, were surrounded by a numerous race. Their example affected those in stations beneath them. To arrest this domestic evil, was doubtless the duty of Arthur; but it was not always performed with consideration. Many were unable to marry; but were unwilling to abandon connexions sanctioned by the circumstances of the colony and the habits around. They were placed under a ban: the favours of government were denied them. Such as were in subordinate offices were dismissed; and however lasting the utility of this rigour, its immediate consequence was irritation, resistance, and contempt.

The state of the prisoner population, though considerably ameliorated by Sorell, was far from satisfactory. Left much at their own disposal from the hours of labor till their return, they were masters of that portion of their time most suitable for dissipation and crime. The extent of their depredations, and the deliberation with which they were performed, indicated an extensive confederacy. The subordinate police, prone to connive with offenders, was ill-regulated and insufficient. Goods were carried off in masses: bags of sugar and chests of tea were abstracted from the stores; cart loads of property were swept off at once. The habits of the populace were daring, profane, and intemperate; and to coerce such materials into order, required the utmost vigour and discretion.[144]

The chief justice, John Lewes Pedder, Esq., brought from Great Britain the charter of the supreme court, which was proclaimed in the market-place on the 7th May, 1824. On the 24th of the same month, the court opened for business, and Joseph Tice Gellibrand presented his commission as attorney-general. In his opening speech he declared his resolution to adopt the maxims of the illustrious Hale. He eulogised the jurisprudence of his country, and especially trial by jury; but the military uniform which appeared in court, if it did not lesson its utility, deprived the institution of its grace.

The first person tried was named Tibbs, for killing a negro, who while watching for thieves was himself taken for a robber. Though not a constable, he found pleasure in detecting the crimes of others, and had in some instances succeeded. He fell a victim to this singular passion: he was haunting the premises of a settler, by whose servant he was slain.

The first prosecution for libel was at the instance of Mr. R. L. Murray. This gentleman, formerly a captain in the army, had been transported for bigamy. At an early age, while stationed in Ireland, he became acquainted with a presbyterian lady, and was married to her according to the rites of her faith. Considering himself trepanned, he came to the conclusion that the ceremony was void, and subsequently espoused another. Twenty years after, he was prosecuted; but not at the instance of the parties more immediately concerned. In an appeal to the British nation, published at the time, he ascribed the charge to malice; and he made several unsuccessful efforts to obtain the reversal of the sentence. In the opinion of eminent counsel, the ceremony was invalid; and many years after, the judges decided that the marriage of a presbyterian and an episcopalian in Ireland, could only be celebrated by a clergyman of the establishment. Sir Samuel Romilly and Mr. Whitbread called the attention of the Commons to the extreme severity of the sentence, and were resisted by the ministers with party warmth.[145]

Murray was educated at Westminster and Cambridge; and had spent twenty years in the service when his commission, as captain in the Royal Waggon Train, was declared forfeited. After residing some time in New South Wales, he settled in this island: his extensive experience and literary talents procured his admission to the limited society. Having adopted the opinion that an independent colonial government would not add to the freedom or prosperity of the colony, he opposed the petition. The committee for its promotion set up a placard, which referred to the history of the dissentient, and exposed themselves to a criminal prosecution.

The establishment of a court seemed to be the signal for an outbreak of disorder and violence. Many prisoners escaped from confinement, and for a long period a succession of depredators alarmed and pillaged the colony. The settlers promptly tendered their assistance to the government, to garrison the towns or scour the bush. Their assistance was chiefly valuable for the moral support it afforded, and its influence on the minds of the labourer in bondage. The exploits of the bushrangers properly belong to the history of transportation, and are related in Vol. ii. p. 194. The terrors they spread retarded the occupation of the country, and joined with the assaults of the natives made the life of a Tasmanian farmer one of considerable danger. At this time the remote estates were guarded by soldiers: loop-holes pierced the walls; fierce dogs were stationed as sentinels; and the whole strength of a district was sometimes employed in pursuit. Few settlers have escaped assault and loss. Many families, who in Great Britain thought of an armed robber only with feelings of terror, by long familiarity with scenes of danger, acquired a cool courage, which would not dishonor a soldier by profession. The unsparing sacrifice of the robbers captured, gradually terminated the practice of bushranging, and the colony enjoyed a long season of comparative repose.

The duties, levied first by the authority of the governor-in-chief, and afterwards sanctioned by parliament, were collected by the Naval officer, who received 5 per cent. on the amount: he also performed the duties of treasurer. Dr. Bromley, the surgeon of the first fleet, subsequently made seven voyages to the colonies, when he obtained the appointment. The infrequent examination of the accounts, exposed the treasury to undetected pilfering, and the colony to loss: in 1824, a large defalcation was discovered, which, ascertained by a jury of merchants, amounted to L8,269. They recommended the defaulter to the lenient consideration of the government, as the victim of others. Dr. Bromley had been subject to the daily peculation of servants, and robbed of cash and plate, to the value of L500, at once. His integrity was not impeached: the public business, however, had been conducted without check. The per centage was abolished, and the offices of treasurer and collector separated, and confided to Mr. Jocelyn Thomas and Mr. Hamilton.

The admission of goods liable to customs had been lax. The new settler landed his rum duty free, when intended for his own use; but smuggling was carried on to a large extent, and the protection of the revenue required a more severe supervision. The rigour was not always exercised with courtesy; and the vallise of Mr. Edward Lord, formerly acting-governor, was detained by the naval officer, with some expressions of indignity.

The merchants were deeply offended by the imposition of a duty at Hobart Town, higher than was fixed by Brisbane at Port Jackson, as injurious to their trade; and that duties levied prior to landing, were sometimes imposed on wines never actually delivered. They requested that the charges might be equalised with the other port, and that the excess already taken should be restored. In reply, Arthur not only refused to entertain the petition, but vindicated with great ardour the conduct of Hamilton, as a traduced and excellent public officer. Such was the answer to the merchants who complained of excessive and unequal imposts. Dissatisfied with the reply, they required the sheriff to call a public meeting, to address the governor-in-chief, the colony being still a dependency. This the sheriff, Mr. Dudley Fereday, declined, complaining that his honor Colonel Arthur was not mentioned in the requisition, and the object of the meeting not sufficiently defined. A meeting was therefore called to reprobate the ignorance and presumption of the sheriff; but the dispute ended without any other practical consequences than a wide impression that the government was despotic and contemptuous.

A more important variation between the colonies was displayed on the question of trial by jury. The magistrates of New South Wales were required to shew cause for the non-issue of a precept to the sheriff, to summon a jury. The rule nisi was made absolute. Chief Justice Forbes decided that the magistrates derived their commission from the king, and not the parliament; that their functions and obligations were settled by common law; were not mentioned, and therefore not taken away by the act. The petty session thus traced its existence to the royal commission: the supreme court to the parliamentary law.

When the report of the determination by Judge Forbes reached this colony, Mr., now Sir Alfred Stephen, brought the question before the court in a similar manner. He argued that it was the duty of the court to construe the act of parliament in a form the most favorable to the subject. On the other side it was maintained, that the colony was too small to furnish civil juries, and the parliament had superseded them. The act itself which instituted the military jury for the supreme court, and gave civil juries in civil cases, left the extension of the practice to the royal discretion alone.

Judge Pedder, in giving judgment, stated that according to the practice previously in the colonies no civil juries had been known, and the act of parliament which conferred trial by jury did not give a common one, but retained the military jury. On the whole he was of opinion that parliament had overruled common law, and taken away trial by jury, except as provided by the act, or extended by the king.

Thus, while Judge Pedder ruled that the petty juries were illegal, at New South Wales they were sitting under the sanction of the then superior authority. That the decision of our supreme court was a more correct interpretation of the intentions of parliament, is scarcely to be doubted; but the words of the act did not necessarily extinguish a common law right, and the intention of legislators is not law. The decision of Forbes was more agreeable to Englishmen, though scarcely compatible with the condition of the country.

The treatment of Mr. Gellibrand, the attorney-general, who was dismissed from his office by Arthur, for unprofessional conduct, excited great interest in the legal circles of Great Britain. The disagreement sprang chiefly from a trial, Laurie v. Griffiths, characteristic of the times. The plaintiff sued for damages for the illegal capture of a vessel of 12 tons, of which he was the owner and master. The vessel, called the Fame, was found by the brig Glory in Twofold Bay. Griffiths, the owner of the Glory, invited Laurie on board, and made him prisoner. He then boarded the Fame, deprived her of charts and compass, and amidst the shouts of his seamen fastened her to the tail of the Glory. In this condition she was carried triumphantly towards Launceston; but a storm arising, the Glory encumbered by the Fame, cast her adrift, when she was exposed to great danger. The prize-master ran her on shore, and the party wrecked, after fourteen days journey through the woods, reached George Town. The justification pleaded was that the plaintiff had conveyed prisoners from Port Jackson, and was liable to forfeiture; that he had embarked in an unlawful voyage, and intended to visit Launceston to circulate forged paper. No proof of these assertions was offered, and the jury granted L460 damages; a verdict which the government found no occasion to disturb.

Mr. Gellibrand, upon the close of the action, was called to account for mal-practice. Mr. Dawes, an attorney, presented a statement to the governor, which was forwarded to Judge Pedder, who returned it as not within his province. Mr. Alfred Stephen, therefore, brought the complaint formally before the court, and moved that Gellibrand should be struck off the rolls. The main question was this: whether a barrister holding a general retainer could, without license, advise the opposite party, or whether he could draw pleas for both. It was maintained by Mr. Stephen, that the practice was dishonorable and dangerous: in the early stages of a cause facts might become known to a barrister, which would make him a formidable antagonist to his former client. He asserted that whether the practice were common in England or not, it was detestable; and if allowed, would compel him to relinquish the profession, "or seek an honorable pittance elsewhere."

In the case of Laurie v. Griffiths, Mr. Gellibrand had drawn the pleas for the plaintiff, and afterwards acted officially against him; he, however, transferred the fee he received to Mr. Stephen, when he was compelled to relinquish the cause. The profession, almost unanimously, asserted that the custom of the English bar warranted the practice of Gellibrand. The judge stated that he was not concluded by the custom of the English bar, and that the court might treat as a contempt a practice tolerated at Westminster: he considered the custom pernicious, but dismissed the case, and left the governor to act for himself.

The appeal of Mr. Gellibrand to the profession perfectly vindicated his conduct. It was found that the first counsel in England often acted against a retaining client, and sometimes drew pleas on both sides. Thus, in a question of a right of way, the same counsel drew the declaration, the plea, and the replication. However objectionable at first sight, where legal technicalities are so fatal to even a right cause, it would be no small hardship were an opulent person permitted to engross the legal talents of an island, and exclude his antagonist from the possibility of obtaining justice. The excitement occasioned by this dispute was of long continuance, and motives were freely imputed.

Although the chief justice dismissed the motion of Mr. Stephen, the governor determined to press the charge, and appointed a commission of enquiry. Additional matter was urged: it was said that Gellibrand advised a client to enter an action against a magistrate, whom his office might oblige him to defend, and that his intimacy with Mr. Murray did not become his relations with the government. Mr. Sergeant, now Judge, Talfourd regretted that by quitting the commissioners appointed by the governor, he had damaged his case. The crown had a right to dismiss; but he was clearly of opinion that the proceeding of the local officers was the effect of either "malice or mistake." The charges of professional malversation he pronounced too absurd for notice; that the practice was not only allowable but often imperative.

Mr. Stephen, on his passage to this colony was involved in a quarrel, which ended in an assault. On his action he obtained L50 damages. His bill of costs, twice that amount, was published, to contrast with the professional scruples which inspired his opposition to Gellibrand. This bill consisted of one hundred and twelve items, among which the following: "to instructions for replication," "for brief," "retaining fee." Many other such payments of self to self, passed the taxing of the master. After paying actual expenses, Mr. Stephen, however, handed the surplus to a chanty.

The master of the supreme court arrived in October, 1824. This gentleman was the brother of the late William Hone, a party writer of great celebrity, whose opinions in early life were extreme, both in reference to politics and religion. For publishing parodies, which employed the language of the Common Prayer as a vehicle of political complaint, he was tried by Lord Ellenborough. His fame was greatly increased by the pertinacity and skill of a successful defence. He afterwards wrote the Day Book, a work of ability and research; and in the last years of his life he embraced the faith, and died with the reputation of an ardent christian. Joseph Hone, Esq. succeeded Mr. Gellibrand. The uniform gentleness of his character has been respected by the press: he is mentioned only to be praised.

The arrival of General Darling was a time of festivity: he proclaimed the independence of the colony on New South Wales, December 3, 1825. While present, he was entitled to govern; but when he set sail, Arthur, who had been addressed as "Your Honor," assumed the authority of governor-in-chief, and, responsible only to the home-office, became "His Excellency." The colonists were less delighted with the possession than the prospect of a chief governor; although the spirit of General Darling was not more favorable to the enlargement of their liberties.

The legislative and executive councils were appointed, consisting of officers of the government: among them, it is said, a relative of Spencer Perceval, the statesman. He had been nominated to an office in this colony, but he never arrived; his name is, however, second on our first list of legislators.

The division of the island into police districts, subject to a stipendiary magistrate (1827), brought the prisoner population under the more direct control of the government. It was a great improvement in the internal discipline of the colony. Gentlemen, themselves masters, were liable to the bias of a position full of vexation and disappointment, and less favorable to a cool and impartial administration of justice. The executive revised their sentences, and thus reflected on their judgment. Nor were they willing always to spare the time required by a patient investigation, or to distinguish between a frivolous and a proper defence. Some curious examples of magisterial equity are often told: one rose from the bench, when he heard his waggon in the street, and delivered his sentence in his progress towards the door—"I can't stop: give him fifty." A cattle stealer owed his life to the same impatience of enquiry: before the charge was half investigated, the magistrate said, "give him fifty"—an easy compromise with the hangman. A reverend gentleman met a party of men brought up for disobedience: he sent them back, with "ah, well, give them five-and-twenty all round." It was common to send a note with the man whom it was intended to punish: he was flogged, and sent back. A man, suspecting the contents of such a missive, gave it to his fellow-servant, who was flogged in spite of his protests. Another, who had been on a similar errand before, returned next day to his master, complaining bitterly of his suffering; but he had destroyed the note and eluded the triangles. Such eccentricities of justice could not last beyond the rudest era.

The site of the capital narrowly escaped a second change. The commissioner, Mr. Bigge, considered that the seat of government should be fixed nearer to the source of the river Derwent. Brighton was nominated the destined city, close to an extensive and fertile country, and within easy access to the interior. Arthur was instructed to determine this question. Its chief inducement was the removal of the prisoners from the temptation of the port; but property was already invested to a large amount. The merchants strongly opposed the transfer. The division of the government from the chief population would have destroyed its moral influence. Arthur did not press the project, and during a conference with the merchants and other principal inhabitants, discussed the question with courtesy. On the whole, the measure was impolitic, and finally abandoned.

The uncertainty for some time obstructed the progress of the place. Launceston was still more unfortunate. When York Town was abandoned as the chief settlement, Paterson removed his head-quarters to Launceston; but on the visit of Macquarie he determined to constitute George Town the northern capital. The superior convenience of a spot at the head of the river to one forty miles distant, gave Launceston the mercantile preference. Macquarie maintained his project to the last; but the opinion of Mr. Bigge determined the dispute in favor of Launceston, and the head-quarters, in 1824, were removed finally from George Town.

A fatality has seemed to attend the selection of chief townships in the colonies. Sydney is a second choice, Hobart Town a second, Launceston a third, Melbourne a second. New Zealand has experienced the same vexation and losses which proper surveys might easily avoid. The general government can have no sinister interest in these changes, but those who foresee and promote them may largely gain.

The principal objection to Launceston was the navigation of the river, which was dreaded by vessels of tonnage; but its reputation was worse than its dangers. Lighters, and even rafts, were employed to discharge ships which would now approach the wharves. The Aguilar, Captain Watson, spent several months at George Town, and charged the detention on the river. This was resented by Arthur, who stated that the master had dispatched the mate and seamen on a sealing voyage, and loitered for the purpose of traffic; and sought to excuse the delay by defaming the port.[146]

FOOTNOTES:

[Footnote 141: Barnwell and Cresswell's Reports.]

[Footnote 142: An obscure publication appeared at Jamaica in 1824, designated a Defence of the Settlers of Honduras: a work intended to refute the imputations on which his anti-slavery policy had been justified. Whether the book itself really existed, or the passages professedly extracted from it deserve any credit, is questionable: the authority being an opposition paper.]

[Footnote 143: Colonel Arthur's letter to Lord Bathurst, 1820.]

[Footnote 144: The disorders of this period will be found described in vol. ii, of this History.]

[Footnote 145: Appeal to the British Nation. By R. L. Murray, Esq.: London, 2nd edit.]



SECTION II.

The newspapers of this hemisphere were long mere vehicles of government intelligence, or expressions of the views and feelings of the ruling powers. A censorship established from the first issue, was rigorously exercised, and the founder of the Australian press spoke of its vexations to the end of his life, with horror and tears.

This was George Howe, a Creole of St. Christopher. He arrived in New South Wales in 1800: with the sanction of Governor King, he obtained material from Great Britain, and sent forth the first-born of the Australian press, named the Sydney Gazette, and New South Wales Advertiser, on the 5th March, 1803. The conduct of a periodical was a work of toil and anxiety: the default of material, the paucity of local intelligence, the vices of the prisoner workmen, and the jealousy of the authorities, severely tried the industry and patience of the intrepid printer. He continued his toil until his death, having kindled the unextinguishable torch of a free press, and taken his rank with the benefactors of mankind.

Sir Thomas Brisbane at first relaxed, and then removed restrictions from the press. In 1823, he permitted the discussion of colonial affairs, and in the month of October, 1824, the colonial secretary informed Mr. Howe that he ceased to be amenable, except to the courts of law.

Malice or humour, in the early days, expressed itself in what were called pipes—a ditty, either taught by repetition or circulated on scraps of paper: the offences of official men were thus hitched into rhyme. These pipes were a substitute for the newspaper, and the fear of satire checked the haughtiness of power.

The Hobart Town Gazette,[147] established by Andrew Bent, the first permanent newspaper, was under the immediate patronage and control of the government, and Mr. Emmett was the first official editor. The articles were brief, mild, and complimentary: they represented the views of the ruler; perhaps, at that time, also of the people.

On the arrival of Colonel Arthur, Mr. Bent determined to throw off official supervision, and claimed a property in the title of the Gazette. The partnership between him and the government was not very distinct. Money had been lent for the purchase of material, but this he was expected to repay. His right to the property, questioned by Arthur, was allowed on reference to the governor-in-chief. The editor of Mr. Bent's choice was Evan Henry Thomas, Esq. In June, 1824, appeared the first article of the press thus set free; and, as the first, is worthy lasting remembrance. "We esteem ourselves," observed the writer, "a BEACON, placed by divine graciousness on the awfully perilous coast of human frailty." "We view ourselves as a SENTINEL, bound by allegiance to our country, our sovereign, and our God. We contemplate ourselves as the WINNOWERS for the public." He then proceeds—"We desire to encourage the cloudless flames of rectified communion," rejecting "each effusion, however splendid, of degenerate curiosity and perverted genius—of misanthrophic ascerbity and calumnious retrospection." Such were the vows and resolutions of the father of journalists. He added, "the duties of our typo-graphic province are performed by the proprietor and one assistant." Having offered his columns for discussion, a writer of considerable colonial fame, R. L. Murray, appeared under the signature of "A COLONIST." His letters addressed to Arthur, reviewed his government contrasted with that of his predecessor: they were said to approach the style of Junius; read in modern times, they may have lost much of their spirit. They were, however, offensive to Arthur, and he resolved to start another Gazette, which should put down opposition.

As the quarrel warmed, Bent grew more daring, and the first ex-officio prosecution was instituted against him. Rather by implication than directly, the lieutenant-governor was charged with attempting to deprive Bent of his property; the fraud being defeated only by the superior justice of Governor Brisbane. In another paragraph the writer stated the extra martial incarceration of Colonel Bradley, taught the colonists what might be expected from Arthur's anger. In one of these libels, Bent declared that he would not surrender his rights to a "Gibeonite of tyranny." The attorney-general ingeniously explained, that though Gibeon was a good man, that did not qualify the inuendo. Fox was a friend of freedom, but such was not the Foxite of tyranny. In truth, the whole discussion is painful to a friend of liberty and justice. It is difficult to imagine a less dangerous opposition than such compositions, or to account for their prosecution, except as an outbreak of offended pride.

In 1825, George Terry Howe had established the Tasmanian at Launceston; but the offers of the government drew him to head-quarters, and, in concert with Dr. Ross, he became the printer of the Government Gazette. In this official publication there were articles of news and politics; but in 1827, the Courier being established, the Gazette issued as a separate publication. Mr. Bent complained bitterly of the piracy of his title: he, however, soon yielded, and changed the designation of his paper to the Colonial Times, August, 1825. The Tasmanian, of Hobart Town, soon followed, and discussed the various political questions with moderation and ability.

Arthur resolved to put down the liberty of the press. It had, indeed, been asserted that this measure was dictated by Lord Bathurst; but the manner in which it was defended by Arthur, identifies his memory with the scheme. An act was passed, at the close of 1827, which laid the colonial press at his feet. This ordinance appointed a license, subject to the will of the governor, and made the continuance of a paper dependent on his pleasure: authorised a tax of threepence each, and took securities for penalties. Bent was refused a license, and even his right to publish an advertising sheet was disputed. He therefore published monthly, from the 1st March, 1828, the Colonial Advocate; a work of considerable merit, and containing much valuable information. It was, however, 5s. a number, and not adapted to colonial circulation. The Austral-asiatic Review, by Murray, also made its appearance in February, 1828; and although the publishers of these productions were injured by the law, the governor was not the gainer.

It was not to be expected that the colony would quietly submit. An address, signed by Meredith and several other magistrates, animadverted on the measure with just severity. They declared that the restrictions imposed were needless, unconstitutional, and debasing: that they were an insult to the colony; contrary to the implied engagements of the crown, when emigration was invited. The reply of Arthur asserted, that so long as this was a place for the reception of convicts, the press could not be free: that it was dangerous to authority, and calculated to destroy the security of domestic life. Some opinions expressed by the remonstrants, he pronounced presumptuous and unjust. In the controversy, the people were successful, as they were nearly unanimous. The law was disallowed by Sir G. Murray, and the press set free. However offensive the remarks of these writers, to describe their suppression as a measure of police, was both disingenuous and absurd.

Alarmed by the threats of prosecution, the author of the "Gibeonite libel" presented an apology in the following supplicating terms:—"We avow our readiness to preserve inviolate the best and most endeared interests of this community; and we trust that, before misanthropy again can rally his vituperative legions to assault us, we may re-evince to all how staunch is our allegiance, and how sullyless our zeal at the post of probity!" The unfortunate printer could not soften his prosecutor, and was cast in damages and expenses amounting to L500.

In 1829, Launceston was favored with two newspapers: the Advertiser, and the Cornwall Press. Both started together, and both manifesting the spirit of rivals. The Advertiser was the property of Mr. John Fawkner. Its opponent belonged to Mr. S. Dowsett, and reached the nineteenth number. The following are memorials of their fraternal sympathies. The Cornwall Press describes his rival as "an addle-pated upstart—a superannuated Zany." His writings "as the frothings of a beer cask." "Condescending to notice 5 feet 2-1/4," he remarks, "we dropped from our proper elevation." What that might be, it is not difficult to conjecture, if the rejoinder is to be credited:—"if he had his right place, he would be wearing a leather apron and scouring pewter pots." Such were the literary love tokens of those days. It will be seen, that the quarrel of Arthur with the press, was continued to the end of his administration.

FOOTNOTES:

[Footnote 146: Gazette, November, 1824.]

[Footnote 147: "We are indebted to the Italians for the idea of newspaper. The title of their gazettas was, perhaps, derived from gazzera, a magpie or chatterer; or, more probably, from a farthing coin peculiar to the city of Venice, called gazetta, which was the common price of newspapers."—D'Israeli's Curiosities of Literature, p. 53.]



SECTION III.

Captain Dixon, commander of the Skelton, came to Van Diemen's Land in 1820. On his return to England, he published a small volume on the capabilities of the country. He suggested the formation of a pastoral company, with a capital divided into L100 shares, as a profitable scheme. Causes foreign to this enquiry reduced the marketable value of money, and awakened a speculative spirit in Great Britain: projects of every kind found favour—a madness fraught with insolvency, fraud, and ruin. But in the meantime the Van Diemen's Land Company had been formed. Men of opulence and prudence, when compared with common projectors, were concerned in its origin. They proceeded with caution, and postponed the issue of their share list until their plans were laid. Nor did they promise a dividend, but as the result of a considerable outlay, and at a distant date. Yet they drew a brilliant picture of this colony, and delineated in vivid language the riches of its soil, its relative position, and its future destinies. "Such advantages," said they, "could not long escape the penetration of the British public." It was, among their objects, to relieve Great Britain from dependence on foreign wool; to improve the quality of the Australian flocks: this object they have contributed to accomplish.

They applied to Lord Bathurst for 500,000 acres of land. By his countenance they obtained an act of parliament, under which the charter of their incorporation, on the 9th November, 1825, passed the great seal. By this charter they were authorised to employ their capital in cultivation and sheep farming; to lend money on mortgage and to persons engaged in fisheries; to undertake public works on security of tolls: but they were debarred from banking and commerce.

Lord Bathurst consulted Colonel Sorell: he was favorable to the company; but forwarned them that no large blocks of fertile land remained unlocated. The company received a grant of 250,000 acres, to be taken on the north-west coast in one square block; bounded by Bass's Strait on the north; on the westward by the ocean; and by a line drawn from shore to shore. After some debate, this land was valued to the company at two shillings and sixpence per acre, and the whole quit-rent charged, was "four hundred and sixty-eight pounds, sixteen shillings:" redeemable at twenty years purchase—L9,575. In the measurement, one-fourth allowed for useless land. The employment of convicts entitled the company to remission of quit-rent; L16 annually each man.

Mr. Edward Curr, at first the secretary of the company, became their agent. Having some time resided in Van Diemen's Land, he had returned to England, where he published a book on the state of the country, remarkable for its clear narrative and sober delineation. The first ship dispatched by the company was the Tramnere (1826), followed by the Caroline. Some time was lost in selecting the settlement, and Circular Head was chosen. On a closer inspection, the district was not found encouraging. Near the shore the country is heavily timbered, and the high lands towards the westward were found barren and cold. Mr. Curr was anxious to bring his line as far possible towards the sun; but the governor held him to the literal agreement, under an impression that the grant was already improvident and excessive. The whole scheme was distasteful to Arthur: a powerful company having interests of its own, whose head-quarters were in London, might have been a counterpoise to his influence, had it not been pushed to the extremity of an inaccessible country. By the oversight or complaisance of Lord Bathurst, the rule which made the outlay of capital the condition of a grant, was not inserted in the covenant. The public works promised by the proprietors were never undertaken, and their establishment was but a larger farm than common. They ultimately obtained several blocks of land, which gave them command of an intervening country of 150,000 acres, at Woolnorth; 20,000 at Circular Head, 10,000 at the Hampshire Hills, 10,000 at the Middlesex Plains, 150,000 at the Surrey Hills, and 10,000 at the islands on the coast. The total actual cost, including survey, was 1s. 6d. per acre.

The operations of the company were conducted on a liberal scale: artizans were sent out. The proprietors were promised a remission of L16 for men, and L20 for women, on the quit-rent. This was the first encouragement of free emigration to this quarter of the world. A road was opened with Launceston, chiefly useful to absconders. The importation of sheep and horses of great value, was beneficial to the country. The sheep of the company cost L30,000 (1830), when they exported wool to the value of L2,000. The servants of the company left them on the expiration of their engagements: many before. The reports of the proprietors eulogised the management of Mr. Curr, and affirmed that the moral influence he had acquired rendered his government easy and his people contented. They asserted that ardent spirits were excluded: there were no police or prison, and none required. These statements varied from fact. The company provided no religious teaching for its people; and Mr. Curr, a Roman catholic, could not be expected to promote heretical creeds.

The losses sustained by the company were great: the cold destroyed the stock, and their crops often perished from moisture. On the Hampshire Hills many hundred lambs died in a night. Sometimes the season never afforded a chance to use the sickle: in the morning the crop was laden with hoar frost, at noon it was drenched with the thaw, and in the evening covered with dews; and thus rotted on the ground. The agent, however, did not despair, and the company anticipated a dividend in 1834, at the latest!

The company provided a numerous staff; beside the agent, were a commissioner, an agriculturist, an architect, and surveyors. Its local affairs were confided to a council of three, Curr being the chairman; but the divided sovereignty was impracticable, and the "Potentate of the North," as he was sometimes called, soon reigned alone.

Servants engaged in Great Britain at low wages, on their arrival often escaped from the farms, and exposed the agent to great vexation. Sometimes they were pursued, and brought back by force: it was at last agreed to cancel their indentures, on repayment of the cost of their passage. In 1834, the population on the estate amounted to about 400 persons, of whom more than 200 were prisoners of the crown.

The New South Wales and Van Diemen's Land Establishment, formed at the same time, received a grant of 40,000 acres. They engaged to improve the stock of Van Diemen's Land, and introduced valuable horses. Colonel Latour was a leading partner; Captain Thomas, speared by the blacks in 1831, was superintendent of the company's affairs, which however were unprofitable for many years.

To these establishments the colony is indebted chiefly for the introduction of valuable stock. In this they were rivalled by private settlers. Bulls, of the Fifeshire breed, were imported by Mr. Patrick Wood; of Normandy, by Captain Watson. Saxon sheep were imported by Messrs. Gilles; from the flock of the Marquis of Londonderry, by Mr. R. Harrison; by Mr. Anstey, from the flock of Sir Thomas Seabright; by Mr. R. Willis, from that of Mr. Henty, of Arundel. Many others might be mentioned, but these were in advance of the public companies; and by 1830, little could be added to the varieties of the fold or the stall.

Among those employed in the Van Diemen's Land Company's service was Jorgen Jorgenson, whose adventurous life made him remarkable even among vagabonds. He was born at Copenhagen, 1780. After some employment in the coal trade, he accompanied the expedition of Flinders; and afterwards, as mate on board the Lady Nelson, attended the first party to Risdon. Having returned to Europe, and become commander of a privateer in the service of his country, he was captured after a smart resistance by the British ships Sappho and Clio.

He obtained, while out on his parole, the merchant ship Margaret and Anne, to carry provisions to Iceland, where the people were suffering extreme privation. On a second voyage the governor, Count Tramp, prohibited the intercourse: Jorgenson landed while the people were at church, and aided by his seamen took the governor prisoner. He then, with extraordinary impudence, issued a proclamation stating that he had been called by an oppressed people to assume the reins of government. He proceeded to reform its various departments: he lightened the taxes, augmented the pay of the clergy, improved the system of education, established trial by jury, formed an army consisting of eight soldiers, and fortified the harbour with six guns. Having performed these exploits, he returned to London in a prize taken from the island. His proceedings were already known to the ministry, and he was arrested as an alien at large. Jorgenson made no small stir by his appearance among legislators and conquerors. After a variety of adventures, in which he was often on the borders of crime, he pawned the linen taken from his lodging, and was sentenced to transportation. In Newgate he was employed as a dispenser of medicine. After four years detention he was released; but was retaken, having neglected to quit Great Britain, and transported for life. Such is the account he gave of his imprisonment. The penalty might have been commuted; but he undertook to write on various subjects, and created some trouble; he was therefore forwarded to this colony. Here he was chiefly employed as a constable; detected many crimes, and brought several to the scaffold. A woman, who had assisted him in discovering certain offenders, became his wife; and he was often seen fleeing from her fury through the streets. He, however, survived her, and at length closed his singular career in the colonial hospital.

Jorgenson made great pretensions to literature. He wrote a treatise on religion, and another on the treaty of Tilsit: in this country he published a pamphlet on the funded system, and a narrative of his life by himself. With a knowledge of the writer, it is amusing to read the grave strictures of the London critics, who complained that he bounded with amazing rapidity from one subject to another, without leaving a trace of his track: now among the stars—then on a steam engine chasing infidelity—or pelting atheism with meteoric stones.[148]

FOOTNOTES:

[Footnote 148: Of the fitness of Jorgenson to discuss theological questions, the reader may judge from the following passage taken from his preface:—"No religion on earth, except the Christian, establishes the link of the chain which must necessarily exist between the creator and intelligent creature. After consulting history, chronology, the laws of mechanism and the laws of nature, as unfolded by observation and experience, he discovered that events must have happened nearly at the time mentioned, and precisely after the manner described. At length his mind was satisfied, that God had made our yoke easy and our burden light."—Religion of Christ the Religion of Nature. Written in the condemned cells of Newgate, by Jorgen Jorgenson, late governor of Iceland. Capes, London, 1827.]