Chapter VIII: Part II: General History (3)

This is Port Adelaide! Port Misery would be a better name; for nothing in any other part of the world can surpass it in everything that is wretched and inconvenient, packages of goods and heaps of merchandise are lying about in every direction as if they had cost nothing. Stacks of what were once beautiful London bricks crumbling away like gingerbread, and evidently at each returning tide half covered with the flood; trusses of hay, now rotten, and Norway deals, scattered about as if they had no owner--iron ploughs and rusty harrows--cases of door-frames and windows that had once been glazed--heaps of the best slates half tumbling down--winnowing-machines broken to pieces--blocks of Roman cement, now hard as stone, wanting nothing but the staves and hoops--Sydney cedar, and laths and shingles from Van Diemen's Land in every direction; whilst on the high ground are to be seen pigs eating through the flour-sacks, and kegs of raisins with not only the head out, but half the contents; onions and potatoes apparently to be had for picking up. The sight is disheartening. What with the sun and the rain--the sand and the floods--the thieves with four legs and the thieves with two--the passengers hug themselves at the recollection that _they_ have brought no merchandise for sale, glad enough to be able to take care of themselves. The sooner they get out of this horrid hole the better, so they enquire if there is any coach to the town--they are answered by a careless shake of the head, and so, like good settlers, they determine to set off and walk, carrying their light parcels with them, and leaving the heavy things with a friend who refuses to go any further. They ask for a drink of water before starting--there is not such a thing to be had; but the bullock carts are expected down every minute with the usual supply! "What, no water?" exclaims our passenger. "No, sir, but the Commissioners are sinking a well, though they have not yet found any but salt water; but they are going to dig in another place, shortly, we understand."

Away they start for the City of Adelaide, and after ten minutes of rough walking through the loose sand, which is fatiguing enough, they gain the firm and beaten road, with the cheerful hills before them, glad enough to have overcome their morning troubles. Though very warm the walk is agreeable, and out of a cloud of dust before them, they soon descry a dray or two, each drawn by a long line of bullocks. They perceive by the splashing of the water from the open bungs that the casks contain the daily supply for the port, and the drivers very cheerfully give them all a drink; this enables them to walk on with renewed spirits, over the naked plain, and, tired and dusty, in about seven miles more they reach another iron store, the property of the Commissioners, where they now begin to see a few marquees and huts, and people walking about. They step across the "Torrens," without knowing it, and enquire for the inn. They are directed to the Southern Cross Hotel, then kept by a German Jew of the name of Levy, considered the best house in this settlement, and here we will leave them for the present, hungry, thirsty, and fatigued--covered with dust and perspiration--and with feelings of shame and disappointment at being so taken in!

CITY OF ADELAIDE.

"When things are at the worst, they mend," is a common saying, and a true one; and so it was with our passengers. Though rough, dirty and uncomfortable, they enjoyed the Jew's dinner or table d'hôte, though it consisted merely of a baked leg of mutton at the top, with a baked shoulder at bottom and a dish of small potatoes in the middle--nothing else whatever--neither pie, pudding, or cheese; but they had given themselves a good wash, and a change of linen, and a bottle of Barclay and Perkins at dinner had now restored them to good humour.

They found that the company at the table was much better than the dishes, and that they had all gone through the same miserable landing at the Fort, and some of them had even suffered considerably by falling down in the mud; so, as we draw comfort out of other men's misfortunes, and it is better to laugh than weep, our newly-arrived emigrants began to think the place was not so bad after all. They were, at any rate, great travellers, and were determined to make light of troubles and inconveniences, as all travellers do. They saw that the gentlemen at table were a very nice set of fellows, and as they had evidently had to rough it, much more formerly, than was necessary at the present day, they should make up their minds to think well of everything--to look only at the advantages of the Colony--and in their letters to any London friends, they were resolved decidedly to recommend the place--but not a word about the mud.

The Town of Adelaide, as depicted on the maps, is the very beau ideal of all possible cities--there is an elegance and vastness of design about it, that almost makes one blush for the comparative insignificance of London and Stromboul; of Paris and Canton;--but on going to the spot, like many other works of art and imagination, it resembles the picture very slightly--it is altogether on too large a scale; and of all the follies committed by the inexperience of the surveyor-general, who is, nevertheless, in every other respect a most gentlemanlike, entertaining, and intelligent person, next to its inland situation, this monstrous extent of Adelaide will turn out to be the most fruitful of complaints. You may lean against any tree in the City and exclaim, "This shadowy desert, unfrequented woods, I better brook than flourishing peopled towns."

And yet there are sprinkled up and down the place a few substantial buildings; one belonging to the Company, on an enormous scale--another good brick house to Mr. Hack--another to the enterprising Mr. Gilles--one to Mr. Thomas, and a couple of new taverns. The rest of the dwellings are made of very slight materials, and the number of canvas tents and marquees give some parts of the settlement the appearance of a camp. Most of the new-comers settle down on what is called the Park Lands, where they are handy to the little rivulet, and they run up a Robinson Crusoe sort of hut, with twigs and branches from the adjoining forest, and the climate being fine and dry, they answer well enough as temporary residences. The principal streets have been laid out in the survey of the town 132 feet wide, which is nearly twice as wide as Portland Place, and the squares are all on such a scale of magnitude, that if there were any inhabitants in them, a cab would almost be required to get across them.

Before any person has been ashore at Adelaide twenty-four hours, even the greenest and most inexperienced put these two very natural questions; First--Why did you make the plan of the future town so large? Answer--Because the land was of no value, and it was a pity to be crowded when there was so much room! And the Second question is--Why did you select the town eight miles from the landing-place? Answer--Because we preferred being away from the nasty sailors, and thought it better not to be annoyed with the demoralizing influence of a Sea Port!

Unless this is promptly remedied, the "Wisdom of our ancestors" will not become such a favourite saying in South Australia, as it is in the Old Country, for the town, including the park lands, is already eight miles round, with 3,000 inhabitants only. This, from persons who are all for concentration, seems strange; and the consequence is as might have been expected, that in the daytime persons are constantly losing themselves in the midst of the city. Whilst at night it is impossible to move out of the house without company, unless you have any desire to sleep under a tree. This has happened to the oldest inhabitants, about whom many droll stories have been told. Some of the highest officers in the colony, after wandering about for hours in the dark, either running against trees, or falling over logs, or into holes, have chosen rather to give it up in despair, content to take a night's lodging beneath a tree, than run the risk any longer of breaking their necks although in the midst of the township, and when day-light appeared, not perhaps more than a pistol-shot from their own hut. It is hardly possible that such a blunder as this is, this Adelaide and Port Adelaide, can much longer be tolerated by the respectable parties about proceeding to the Colony, and there is not the remotest chance that the unnatural abortion can ever come to good. Another town of more modest and moderate pretensions will rise up in the land-locked basin of Port Lincoln, along the margin of the deep water, consisting of 640 acres, divided into building lots of one rood each, which will be enough for a population of 50,000 persons, which is as many as the most sanguine friend of the Colony can anticipate for a century to come. There, under the shelter of Boston Island, or in Spalding Cove, the merchant may leave his office and walk across a plank into the last ship that arrived from England, and all the hundreds of bullocks now employed dragging up waggon loads of rubbish and merchandise from Adelaide Swamp to Adelaide Township, may then be dispensed with and go a-ploughing, as they ought to have done long since, which will save £20,000 a year to the settlers in the item of land carriage alone, and by being employed on the farms instead of on the road the Colony will not require such frequent importations of farm produce from Van Diemen's Land, to the great impoverishment of the community. What, abandon Adelaide! I think I hear the carriers exclaim. Oh no, let Adelaide remain as before, it will always answer well enough for a country village, and stand a monument to the folly of the projectors, but let the Governor and Civil Establishment move their head-quarters without loss of time, to Port Lincoln, before more money is thrown away. Every month that this measure is delayed it is made more difficult and therefore should not be postponed at all. The buyers of the 1,200 town acres would feel much disappointment at the measure, as the market would be spoiled for the sale of their building lots, but they would be rightly served for asking a monopoly price to respectable new-comers, who ought to be enabled to obtain a town allotment for a trifle of the Government.

In New South Wales they are sold by auction as applied for, and put up at 20_s._ each, at which price they are generally knocked down; but with a view to prevent any monopolizer buying them up, to the injury of the _bona fide_ settler, every purchaser must sign a bond to the Government in a penalty of £20, that he will build a house on the allotment, of a certain value, within three years, or otherwise the land reverts absolutely to the Crown, and the penalty is enforced too. This is as it should be, and the evil working of the old system ought to have been forseen, but at South Australia the Commissioners and Survey Department disdained to copy anything from such a colony as Sydney and made the old saying good about advice, that those who want it most like it least. Now the late Governor, Captain Hindmarsh, was quite the opposite of this, and was most diligent in seeking out the best way of doing everything, and was not above learning even from those ignorant neighbours, New South Wales and Van Diemen's Land. Here is a proof.

(Copy)

"Government House, _25th April, 1838._

"The Council being about to meet this morning to discuss a subject with which Mr. Horton James is particularly well acquainted; the Governor will thank Mr. James, if he would do him the favour to attend the Council this morning about half-past nine o'clock, to give the Council his opinion on the subject.

"T.H. JAMES, ESQ., Adelaide."

The character of the late Governor, Capt. Hindmarsh, pleased me exceedingly, not only for the frankness of his manner towards strangers, and the easy terms on which he admitted every respectable resident to his table, but by his constant, steady, and unremitting attention to business. Many difficulties of a new and serious nature would sometimes suddenly involve him, during my residence in the colony, especially in reference to the native blacks, who had been committing some violences in the camp. The settlers were very violent and rash, calling loudly for immediate and strong measures of retaliation, and going up in mobs to Government House, thirsting for revenge against the natives. But the Governor on all occasions acted with a praiseworthy and becoming firmness, and would listen to nothing like reprisals on an unarmed and naked population; and while he took the most upright, they turned out to be the wisest and most successful measures he could have adopted for the pacification of the place, which in a day or two became as quiet as ever, and the danger so much talked of was disregarded and forgotten, entirely owing to His Excellency's pacific treatment. Notwithstanding his severe and inflexible adherence to these measures, in accordance to his instructions, and in opposition to the murderous wishes of some of the settlers, Captain Hindmarsh, after the hours of business, surrounded by his amiable and accomplished family, was just the same as ever, zealous, enthusiastic and humane, when speaking of the colony and its black population; and gentle and sincere in his intercourse with his friends; never exhibiting the slightest degree of reserve, parade or affectation, but winning all hearts by his attention to his guests. It is hard to say why such a suitable person was recalled. He seems to have been sacrificed to clamour; but to accuse, and prove, are very different, and in any enquiry that may be hereafter instituted, Captain Hindmarsh will, I am sure, come off without reproach.

FOUNDATION OF VICTORIA

+Source.+--Batman's Journal, Victorian Pamphlets, Vol. cxxvii, pp. 10-13, 16-22

Convictism in Tasmania caused great dissatisfaction among the free
settlers; in 1835 John Batman crossed the Strait in search of fresh
pastures. Melbourne stands on the site he selected for "the future
village."

_May 29th._ Daylight had no sooner broke this morning--and never had its cheerful return been so ardently longed for--than we were again greeted by the sight of Port Phillip Heads, at a distance not apparently exceeding eight miles. By 9 a.m. we were between the Heads, with the tide running out, and nearly at low water; a heavy surf and the wind light and baffling. We effected an entrance with difficulty at a part of the bay where the width was about a mile and a quarter. We succeeded, however, in entering one of the finest bays, or basins of water, well sheltered, that we remember to have seen. Within the Bay the water was, compared to our late tossing in the boiling and foaming waters outside, as smooth as a mill-pond, and our little bark floated gently along like a sleeping gull. I shall, however, take this opportunity to remark that it will be desirable to enter its mouth only at the times of the tide running in. We continued our course down the bay, and found the country everywhere of the same richly-grassed character.

_May 30th._ Robinson Crusoe was never better pleased with the appearance of the first ship which arrived, and rescued him _from_ his desolate island, than I was with the vessel which proved the means of thus opening to view a country capable of supporting a future nation, and which, we trust, will be the means of relieving the Hobart Town country of its over-stocked cattle, and the Mother Country of her surplus and half-starved peasantry. Futurity must develop this prophecy! Further travelling and examination only added to my pre-conceived estimate of this extremely interesting and extensive territory; consisting of plains or downs at least twenty miles long by a width of 10 miles, and the distance may have been greater, but for the interruption of hills more than ordinarily high, which broke the horizon in different directions. One of these vistas, which I have at present in view, cannot form a less area than 100,000 acres. Its general character presents that of cultivated pasture for centuries past; the few trees appear as though they owed their plantation to the hand of man. All the high hills are covered with grass to their summits.

I discovered the fires of the natives or aboriginal inhabitants of this marvellously fertile country, and felt delighted beyond expression that the task of its discovery should have devolved upon myself.

_June 2nd._ My Sydney natives came on board this morning for the purpose of assisting in packing up, and otherwise making preparations for our contemplated expedition into the interior. As it continued to rain heavily and a heavy bank of fog prevailed, and prevented our seeing any distance, I proposed, rather than lose time to go with the vessel to the river (Saltwater), and from thence take my departure for the bush. We made the river by 3 p.m., and observed that the whole of the coast at the head of the bay was clear of timber, and a constant plain covered with grass.

Near the head of the river, on the point, was a plantation of she-oak. We endeavoured to sail up the river, but found the water not more than a fathom deep.... To-morrow, weather permitting, I intend taking my departure up the river.

_June 3rd._ Everything being in readiness, we left the vessel about 9 a.m., and proceeded in a boat up the river for about five miles.... In travelling further up we passed over several rich flats, about a mile wide, by two or three miles long, destitute of trees, and covered knee-deep with grass, from which hundreds of tons of good hay might be made. The land was of the best description, equal to anything in the world, nor does it appear subject to being flooded. For twenty-six miles we continued following the course of this river, and found on both sides of it, as far as the eye could stretch, fine open plains, with a few trees of the oak species; one striking object was the absence of fresh water all throughout this distance. Just before sundown as we were preparing to camp on the bank of the river, I caught sight of a damp place, and, on sending one of my men, Gumm, to make a hole with a stick to the depth of two feet, we had in the course of an hour a plentiful supply of good water.... I have named this place Gumm's Well.

_June 4th._ Recommenced our journey up the river at 8 a.m.; after travelling four or five miles, I turned off to obtain a view of Mounts Collicott, Cottrill, and Solomon.... We continued travelling over the plains, and in eight miles again made the river. Having crossed the river, we travelled over the richest land I had ever seen in my life; marsh mallows with leaves as large as those of the cabbage tribe, and as high as my head. We recrossed at a native ford, and we observed on a wattle tree, which they had been stripping of the bark, scratches or marks of figures, representing blacks in the act of fighting. These figures I copied as near as I was able.

_June 6th._ We made an early breakfast and resumed our journey in order to reach the camp of the blacks, the smoke of whose fires we had seen yesterday. We travelled over land equal to any that we had seen, a deep black diluvium with grass three or four feet high, and thinly-timbered. After travelling eight miles we struck the trail of the natives which in a short time led us to a branch of the tribe, consisting of one chief, his wife, and three children--fine, plump, chubby, healthy-looking urchins they were. To this distinguished royal chieftain of the prairies I gave one pair of blankets, handkerchiefs, beads, and three pocket-knives; upon the receipt of these presents, he undertook the part of guide. We crossed a fresh water creek with good land on either bank. Our new guide informed us that he would take us to his tribe, at the same time naming many of their chiefs. After travelling about eight miles, we were surprised to hear a number of voices calling after us, and on looking round encountered six men, armed with spears fixed in their wommeras. We stopped; and they at once threw aside their spears, and came up to us in a most friendly manner possible. We all shook hands and I gave them knives, tomahawks, etc., whereupon they took the lead, and brought us back about a mile, to where we found huts, or gunyahs, and a number of women and children. We sat down in the midst of these sooty and sable aboriginal children of Australia; amongst whom we ascertained were eight chiefs belonging to the country near Port Phillip, over which we had travelled, and with which we had so much reason to be pleased. The three principal chiefs were brothers. Two of them were fully six feet high and tolerably good-looking; the third was not so tall but much stouter than the others. The other five chiefs were equally fine men. And a question, to myself, here arises, and the answer as speedily follows, viz., now is the time for entering into and effecting a purchase of their land. A full explanation, that my object in visiting their shores was to purchase their land, they appeared to understand; and the following negotiation or agreement was immediately entered into. I purchased two large blocks or tracts of land, about 600,000 acres, more or less, and, in consideration therefor, I gave them blankets, knives, looking-glasses, tomahawks, beads, scissors, flour, etc. I also further agreed to pay them a tribute or rent yearly. The parchment, or deed was signed this afternoon by the eight chiefs, each of them, at the same time, handing me a portion of the soil; thus giving me full possession of the tracts of land I had purchased.

This most extraordinary sale and purchase took place by the side of a lovely stream of water, from whence my land commenced. A tree was here marked in four different ways, to define the corner boundaries. Good land, to any extent, either for stock or tillage, with good water was here in abundance, ready for sheep, cattle, or the plough. Our negotiation was terminated by my Sydney natives giving our newly-acquired friends a grand corroborree at night, much to their delight. The group consisted, altogether, of forty-five men, women, and children.

Sunday, _June 7th._ I awoke this morning with the agreeable consciousness of my being able, like Alexander Selkirk, of school-boy memory, to say: "I am monarch of all I survey; my right there is none to dispute." With a view, however, of securing this right more permanently, I busied myself with drawing up triplicates of the deeds of the land I had purchased, and in delivering over to the natives more property. This was done on the banks of the lovely little creek which I have named Batman's Creek, as a memento of the novel and interesting transaction occurring on its banks. After the purchase and payment at the conclusion of the preliminaries, I had made preparation for departing, when two of the principal chiefs approached, and laid their royal mantles at my feet, begging my acceptance of them. Upon my acquiescing, the gifts were placed around my neck and over my shoulders by the noble donors, who seemed much pleased at their share in the transaction, and begged of me to walk a pace or two in their (now my) princely vestments. I asked them to accompany me to the vessel, to which request I received a rather feeling reply, by their pointing, first to their children, and next to their own naked feet, importing that they could not walk so fast as ourselves, but would come down in a few day. In the course of the late transaction, I had no difficulty in discovering their sacred and private mark, so important in all their transactions, and universally respected. I obtained a knowledge of this mark by means of one of my Sydney natives, Bungit, who, going behind a tree, out of sight of the females made the Sydney aboriginal mark. I afterwards took two others of my natives, and the principal chief of Port Phillip to whom I showed the mark on the tree, which he instantly recognized, and pointed, also, to the knocking out of the front tooth. This mark is always made simultaneously with the loss or extraction of the tooth. I requested the chief through the interpretation of my Sydney natives, to give the imprint of his mark. After a few minutes hesitation, he took a tomahawk and did as he was desired, on the bark of a tree. A copy of this mark is attached to the deed, as the signature and seal of their country.

About 10 a.m. I took my departure from these interesting people. The principal chief could not be less than six feet four inches high, and his proportions gigantic; his brother six feet two inches, also a fine man. I recrossed Batman's Creek, and travelled over thinly-timbered country of box, gum, wattle, and she-oak, with grass three of four feet high. Travelling twelve miles down we came, subsequently, upon a thinly-timbered forest of gum, wattle and oak. Here, for the first time, the land became sandy, with a little gravel. The grass was ten inches high, and resembled a field of wheat. We have not seen the slightest appearance of frost. After leaving this forest, we came upon the river I had gone up a few days before. Intending to come down on the opposite side and hail the vessel, I crossed on the banks of the river, a large marsh, one mile and a half broad by three or four long, of the richest diluvium; not a tree was to be seen. Having crossed this marsh we passed through a dense tea-tree scrub, very high, expecting to make the vessel in the course of an hour or two, but, to our great surprise, when we got through, we found ourselves on the banks of a much larger river than the one we had originally gone up.

As it was now near sundown, and at least two days would be required to head the river, I decided upon allowing two of my Sydney natives to swim across it, and go to the vessel, distant about seven miles, to fetch the boat. Bullet and Bungit started on this enterprise, and returned in about three hours from the time of their departure. Their return with the boat was most opportune as we had got on the point of junction of the two rivers, where the tide had set in, and was already up to my ankles. I first despatched the party with the dogs in the boat to the opposite bank, and, on the return of the boat, myself and old Bull, who had cut his foot, went in first-rate style, to the vessel. I hope my travelling on foot will terminate, at least for some time. I had now accomplished a most arduous undertaking, and, in order to secure the fruits of my exertions I intend leaving Gumm, Dodds, Thomson, and three of my Sydney natives--Bungit, Bullet, and old Bull--as overseers and bailiffs of my newly acquired territory, and of the possession of which nothing short of a premature disclosure of my discovery on the part of my companions, can possibly deprive me. These people I intend leaving at Indented Heads, as my head depot, with a supply of necessaries for at least three months. The chiefs of the Port Phillip tribe made me a present of three stone tomahawks, some spears, wommeras, boomerangs, and other weapons of warfare.

_June 8th._ This morning the winds set in foul for Indented Heads, and, having made several attempts to get out of the river, we gave it up as hopeless. We went in the boat, up the large river coming from the east, and after examination six miles up, I was pleased to find the water quite fresh and very deep. This will be the place for the future village.

TRANSPORTATION

+Source.+--Report from the Select Committee of the House of Commons on Transportation (Molesworth, 1838), pp. 8-10, 31-33, 43

As Australia was shown to offer greater and greater attractions to
free settlers the agitation against transportation increased. In
1838 the British Government appointed a Select Committee to inquire
into and report upon the whole system. Their verdict is given
below.

To plant a colony, and to form a new society, has ever been an arduous task. In addition to the natural difficulties arising from ignorance of the nature of the soil, and of the climate of a new country, the first settlers have generally had to contend with innumerable obstacles, which only undaunted patience, firmness of mind, and constancy of purpose, could overcome. But, whatever the amount of difficulties attendant on the foundations of colonies, those difficulties were greatly augmented, in New South Wales, by the character of the first settlers. The offenders who were transported in the past century to America, were sent to communities the bulk of whose population were men of thrift and probity; the children of improvidence were dropped in by driblets amongst the mass of a population already formed, and were absorbed and assimilated as they were dropped in. They were scattered and separated from each other; some acquired habits of honest industry, and all, if not reformed by their punishment, were not certain to be demoralized by it. In New South Wales, on the contrary, the community was composed of the very dregs of society; of men, proved by experience to be unfit to be at large in any society, and who were sent from the British gaols, and turned loose to mix with one another in the desert, together with a few task-masters, who were to set them to work in the open wilderness; and with the military, who were to keep them from revolt. The consequences of this strange assemblage were vice, immorality, frightful disease, hunger, dreadful mortality among the settlers; the convicts were decimated by pestilence on the voyage, and again decimated by famine on their arrival; and the most hideous cruelty was practised towards the unfortunate natives. Such is the early history of New South Wales.

After sentence of transportation has been passed, convicts are sent to the hulks or gaols, where they remain till the period of their departure arrives. On board convict vessels the convicts are under the sole control of the surgeon-superintendent, who is furnished with instructions, as to his conduct, from the Admiralty. The precautions which have been taken against disease, and the better discipline now preserved in these ships, have applied an effectual remedy to the physical evils of the long voyage to Australia, and prevented the mortality amongst the prisoners which prevailed to a fearful extent during the earlier periods of transportation. Little diminution, however, has taken place in those moral evils, which seem to be the necessary consequences of the close contact and communication between so many criminals, both during the period of confinement previous to embarkation, and during the weariness of a long voyage.

As soon as a convict vessel reaches its place of destination, a report is made by the surgeon-superintendent to the governor. A day is then appointed for the colonial secretary or for his deputy to go on board to muster the convicts, and to hear their complaints, if they have any to make. The male convicts are subsequently removed to the convict barracks; the females to the penitentiaries. In New South Wales, however, regulations have lately been established, by which, in most cases, female convicts are enabled to proceed at once from the ship to private service. It is the duty of an officer, called the principal superintendent of convicts, to classify the newly-arrived convicts, the greater portion of whom are distributed amongst the settlers as assigned servants; the remainder are either retained in the employment of the government, or some few of them are sent to the penal settlements.

On the whole, your Committee may assert that, in the families of well-conducted and respectable settlers, the condition of assigned convicts is much the same as the condition of similar descriptions of servants in this country; but this is by no means the case in the establishment of all settlers. As the lot of a slave depends upon the character of his master, so the condition of a convict depends upon the temper and disposition of the settler to whom he is assigned. On this account Sir George Arthur, late Governor of Van Diemen's Land, likened the convict to a slave, and described him "as deprived of liberty, exposed to all the caprice of the family to whose service he may happen to be assigned, and subject to the most summary laws; his condition" (said Sir George) "in no respect differs from that of the slave, except that his master cannot apply corporal punishment by his own hands or those of his overseer, and has a property in him for a limited period. Idleness and insolence of expression, or of looks, anything betraying the insurgent spirit, subject him to the chain-gang or the triangle, or hard labour on the roads."

On the other hand, a convict, if ill-treated, may complain of his master; and if he substantiate his charge the master is deprived of his services; but for this purpose the convict must go before a bench, sometimes a hundred miles distant, composed of magistrates, most of whom are owners of convict labour. Legal redress is therefore rarely sought for, and still more rarely obtained by the injured convict.

With regard to the general conduct of assigned agricultural labourers, there was a considerable diversity of opinion. The evidence, however, of Sir G. Arthur, appears to your Committee to be conclusive on this point, with regard to which he wrote to the Secretary of State for the Colonies in the following terms:

"You cannot, my Lord, have an idea of the vexations which accompany the employment of convicts or of the vicissitudes attendant upon their assignment. Their crimes and misconduct involve the settlers in daily trouble, expense, and disappointment. The discipline and control of the convicts in Van Diemen's Land is carried, perhaps, to a higher degree than could have ever been contemplated. Many of the convicts have been greatly reformed when in the service of considerate and judicious masters; but, with all this abatement, there is so much peculation, so much insubordination, insolence, disobedience of lawful orders, and so much drunkenness, that reference to the magisterial authority is constant, and always attended with loss of time and expense to the settlers. There can be no doubt things appear better in the colony than they really are; for, in numberless instances, masters are known to submit to peculation rather than incur the additional expense of prosecuting their servants. Two hundred felons, after having been for a longtime under confinement in the gaols or hulks of England, and subsequently pent up on board a transport, are placed in charge of the masters or their agents to whom they have been assigned. The master has then to take the convict to his home (either to the other extremity of the island, a distance of 140 miles, or nearer, as the case may be), and well would it be if he could get him quietly there, but the contrary is of too frequent occurrence. Either with some money the convict has secreted, or from the bounty of some old acquaintance, the assigned servant, now relieved for the first time for some months from personal restraint, eludes the vigilance of his new master, finds his way into a public-house, and the first notice the settler has of his servant, for whom he has travelled to Hobart Town, for whose clothing he has paid the Government, for whose comfort he has, perhaps, made other little advances, is, that he is lodged in the watch-house with loss of half his clothing, or committed to gaol for felony."

The members of the anti-emancipist party in New South Wales attribute the increase of crime in that colony partly to alleged relaxation of convict discipline under Sir Richard Bourke; partly to the action of the Jury Laws, which permit persons who have been convicts to become jurors; and lastly, to the increasing number of emancipists.

The first-mentioned cause of the increase of crime in New South Wales refers to the Quarter Session Act, passed in 1833; by that Act, the summary jurisdiction of single magistrates over convicts, was somewhat diminished, and a magistrate was prevented from inflicting more than 50 lashes for a single offence, instead of 150 which he might have given before at three separate inflictions. These complaints do not seem to your Committee to have the slightest foundation in fact, and Sir Richard Bourke appears to have acted with wisdom, justice, and humanity in his treatment of the convict population.

With regard to the second alleged cause of the increase of crime, namely, the jury laws, your Committee need hardly repeat, that the well-proven effect of transportation is to demoralize, not to reform an offender; therefore, in a community like New South Wales, wherein so large a proportion of the population are persons who have been convicts, to permit such persons generally to sit upon juries must evidently have an injurious effect. Your Committee, however, must observe, that under a good system of punishment, an offender should, at the expiration of his sentence, be considered to have atoned for his crimes, and he should be permitted to commence a new career without any reference to his past one.

With regard to the last alleged cause of the increase of crime, namely, the increasing number of emancipists; little doubt, your Committee think, can be entertained of the pernicious consequences of annually turning loose a number of unreclaimed offenders on so small a community as that of New South Wales.

One of the supposed advantages of transportation is, that it prevents this country from being burthened with criminal offenders, after the expiration of their sentences. It is now, however, evident that transportation does not tend to diminish the sum total of offences committed in the British Dominions; it may, perhaps, relieve Great Britain and Ireland from a portion of their burthen of crime; though, from the little apprehension which transportation produces, that fact may be reasonably doubted. On the other hand, it only transfers and aggravates the burthen upon portions of the British Dominions, which, like New South Wales, and Van Diemen's Land, are least able to bear it.

In 1836, the free population of New South Wales amounted to 49,255, of whom about 17,000 had been convicts. In 1834, the free population of Van Diemen's Land did not exceed 23,315, of whom about 3,000 were expirees.

Of the state of society in the towns of these colonies, a general idea may be formed from a description of Sydney, according to the accounts given of it, by the Chief Police Magistrate and by Mr. Justice Burton. In 1836 Sydney covered an area of about 2,000 acres and contained about 20,000 inhabitants; of this number 3,500 were convicts, most of them in assigned service, and about 7,000 had probably been prisoners of the Crown. These, together with their associates amongst the free population, were persons of violent and uncontrollable passions, which most of them possessed no lawful means of gratifying; incorrigibly bad characters, preferring a life of idleness and debauchery by means of plunder to one of honest industry. Burglaries and robberies were frequently perpetrated by convict servants in the town and its vicinity, sometimes even in the middle of the day. No town offered so many facilities for eluding the vigilance of the police as Sydney did. The unoccupied bush near and within it afforded shelter to the offender and hid him from pursuit. He might steal or hire a boat and in a few minutes place an arm of the sea between himself and his pursuers. The want of continuity in the buildings afforded great facilities for lying in wait for opportunities of committing crime, for instant concealment on the approach of the police, and for obtaining access to the backs of houses and shops; and the drunkenness, idleness, and carelessness of a great proportion of the inhabitants afforded innumerable opportunities and temptations, both by day and night, for those who chose to live by plunder. The greater portion of the shopkeepers and the middling class had been convicts, for the tradesmen connected with the criminal population have an advantage over free emigrants.

Those of the emancipists who were possessed of property had generally acquired it by dishonest means, by keeping grog-shops, gambling-houses, by receiving stolen goods, and by other nefarious practices; they led a life of gross licentiousness; but their wealth and influence were such that one-fourth of the jurors who served in the civil and criminal courts during the years 1834, 1835, and 1836, belonged to their number. More immorality prevailed in Sydney than in any other town of the same size in the British Dominions; there, the vice of drunkenness had attained its highest pitch; the quantity of spirits consumed in Sydney was enormous; even throughout the whole of New South Wales the annual average, for every human being in the colony had reached four gallons a head. Such, according to the authorities already quoted, are the towns to which transportation has given birth; and such are the inmates furnished to them by the criminal tribunals of this country.

Your Committee having, in the preceding pages of their Report, discussed the nature and effects of transportation, and what alterations can be made in the existing system, now consider that they have submitted the most unquestionable proofs that the two main characteristics of transportation, as a punishment, are inefficiency in deterring from crimes, and remarkable efficiency, not in reforming, but in still further corrupting those who undergo the punishment; that these qualities of inefficiency for good, and efficiency for evil, are inherent in the system, which, therefore, is not susceptible of any satisfactory improvement; and lastly, that there belongs to the system, extrinsically from its strange character as a punishment, the yet more curious and monstrous evil of calling into existence, and continually extending, societies, or the germs of nations most thoroughly depraved, as respects both the character and degree of their vicious propensities. Your Committee, therefore, are of the opinion that the present system of transportation should be abolished, and will now proceed to offer a few observations as to the description of punishment which, in their opinion, ought to be substituted in the stead of transportation.

INDEPENDENCE OF VICTORIA

+Source.+--Port Phillip Gazette

In 1844 New South Wales (including the Port Phillip and Moreton Bay
districts) was granted representative government, but the distance
between Sydney and Melbourne and the disproportion of
representatives made it a farce as far as Port Phillip was
concerned. Melbourne proceeded to demonstrate to the British
Government the necessity for Separation. Victoria was established
as a separate colony in 1851.

_Jan. 3rd, 1848._ The Separation Despatch.--To such writers as cannot comprehend the policy of the Russell administration, it is common to decry everything which they have attempted, as stupid and impracticable; but we, who deem ourselves wiser in our generation, view their conduct in a very different light, and give them credit for no ordinary talent; great energy, and more perseverance in our affairs, than can be, under existing circumstances, ascribed to any Ministry in our day. They took office at a period of great political excitement, and still they have devoted much attention to Colonial interests; and they have extraordinary claims upon our beloved Victoria, having granted us that boon we long demanded in vain from former Ministers.

The Despatch officially announces that Earl Grey is to bring in a Bill for the Separation of this, from the Middle District at last, and that we will form a Colony of our own, under the new name of Victoria. The Constitution of this Colony will to some extent be identified with those of the other Australian Colonies.

At present, Earl Grey has put forth simply the general principles; the details, he says, will form matter for serious consideration and anxious deliberation.

We anticipate some of the Sydney papers will be coming out with a cart-load of nonsense; running down Earl Grey's plan, but we will defend it from their senseless and ignorant declamation.

Monday, _July 10th, 1848._ Political Gazette. The Elections.

Our readers must be aware that the writs for the election of members to serve in the new Legislative Council of the Colony of New South Wales, have been issued, and that his Worship the Mayor of Melbourne will hold a meeting of the electors of the City of Melbourne, in front of the Supreme Court House, La Trobe St. on Tuesday, 25th day of July, for the nomination of a member to serve in said Council for the Electoral District of Melbourne.

Wednesday, _July 19th, 1848._ The Elections.

The outrageous attempt to thrust Mr. Adam Bogue upon the District, as one of our members for the Legislative Council, has displayed that we are looked upon as a refuge for the destitute; and that the opinion of Port Phillip in Sydney is, that any beardless boy without name, character, or property may be raised upon our shoulders into an office of great influence, and almost supreme importance.

We have the welfare of the district sincerely at heart, and we advise the electors to return no members from Sydney. Let them nominate Port Phillip men and Port Phillip residents whether they can go to Sydney or not. We entreat the electors not to be made the instrument of destruction to themselves; let them not elect Sydney members to plunder Port Phillip.

Electors, place five Port Phillip men in nomination, and one half of them may go up to Sydney, who would be worth a thousand Sydney Adam Bogues.

Remember that the nomination will take place to-morrow, opposite the Court House at noon. We have no wish to treat the pretensions of any person who comes forward as a candidate for a public office with disrespect; but we cannot regard the attempt of a young man of neither standing nor capital to thrust himself into the Legislative Council on Port Phillip influence, other than a piece of impertinence. We should, however, have passed it unnoticed, had not this very same person insulted every man in this Province so recently, by endeavouring to throw Port Phillip out of the line of steam communication with England--when Port Phillip wanted a friend he gave her a kick, and this should have been the last district for Mr. Bogue to make an offer of his services to.

Wednesday, _July 26th, 1848._ To-day's Election.

We approved of the principle of returning no members for the Legislative Council (so far as the District was concerned) and we regret that an attempt is about to be made to overthrow these proceedings, by returning a Member for Melbourne in the person of J.F.L. Foster, Esq.

This is a question upon which, we are aware, some difference of opinion exists; but, having commenced the principle, so far as the District is concerned, we ought to carry it out; if we act otherwise it will be thrown in the teeth of the citizens of Melbourne that they disfranchised the District and then returned a Member on their own account to represent their city.

There required, however, to be unanimity to accomplish this, and some of the electors having proposed Mr. Foster as a fit and proper person to represent the City; those who were in favour of carrying out the principle already adopted at the District Meeting, had nothing left but to bring forward an opponent to Mr. Foster, and in the person of the Right Hon. Earl Grey has this opponent been found.

True, did the City wish to send a practical man, we are willing to accede that Earl Grey is not in a position to sit and work for us in the Council, but we wish, by electing a man who cannot act, at any rate for eighteen months, to carry out the principle which the Electors of the District have already agreed to be correct; we deem it then the duty of every honest man in this community to give his vote to Earl Grey, not so much out of respect for His Lordship, as to carry out a principle; a principle to which we consider the honour of Melbourne to be pledged.

Mr. Foster is, no doubt, a very excellent kind of man, but having been withdrawn by his friends, on the morning of the District Election, we must look upon him as shelved for the present. Let us then return Earl Grey as one member, and it may do us more good than we can well conceive at present, as it will give His Lordship a practical illustration of our helplessness, and thus hasten on Separation.

Hasten then, electors to the poll! and record your vote in favour of Earl Grey and SEPARATION!!

The Poll commences at Nine o'clock this morning.

Saturday, _July 29th._ Domestic Gazette. Election of a Representative for the City of Melbourne.--On Wednesday last, no little commotion was created by the election of a member (nominally) to represent the interests of the Citizens of Melbourne in the Legislative Council, but the thinking portion of the community having arrived at the conclusion that representation in the Legislative Council at Sydney, under existing circumstances, was a farce, had determined, virtually, upon adopting a similar course to that pursued at the nomination of Candidates for the District, and the Right Hon. Earl Grey was consequently proposed as a fit and proper person to represent our interests in the Legislative Council, and this proposition, with two or three exceptions, met with unanimous approval at the meeting. After the first hour's polling, it was clear that Mr. Foster had no chance, and as this became more and more apparent as the day advanced, some hundreds of voters who had intended to support the favourite were deterred from doing so under a conviction that their votes would not be required, and the unfavourable state of the weather counteracted the desire to be present at the scene of action. It was understood that the Mayor would, on the following day, declare on whom the election had fallen, and at noon, many hundred persons and, notwithstanding the still unfavourable state of the weather, assembled outside the supreme Court House, and a few minutes afterwards the excellent Band of the Total Abstinence Society, might be seen wending their way to the spot, headed by Mr. J.P. Fawkner.

The Mayor addressed the Meeting as follows:--"Gentlemen, I have called you together again for the purpose of declaring on whom the late election has fallen, but previously to doing so I will read two protests, one of which has been sent to a deputy returning officer, and the other to myself." His worship then read the protests, which are as follows:--"I, the undersigned burgher of Bourke Ward, do hereby protest against the Returning Officer receiving any votes for the Right Hon. Earl Grey, on the following grounds:--

"First, that Earl Grey as a Peer of the British Parliament cannot hold a seat in a Colonial House of Legislative Representation.

"Second, That he cannot move Her Majesty in two distinct Legislatures.

"Third, That he is not qualified according to the Act.

"Fourth, That he is an absentee, and there is no one present to represent him--to state that he will sit if elected.

(Signed) "Sidney Stephen, Barrister-at-law."

The Mayor remarked that these protests were very respectably signed, and were deserving of attention, but although they were signed by numerous lawyers he believed he was relieved of all difficulty on the subject by being guided by the 96th clause of the Constitutional Act which rendered it imperative that all complaints of this nature must be addressed in the form of a petition to the Governor and must be addressed by one of the candidates, or one-tenth of the whole of the electors. Several other authorities were then referred to by His Worship, who expressed himself thoroughly satisfied as to the course he ought to pursue, and announced the following as the final state of the Poll in the Respective Wards.

WARDS GREY FOSTER
Gipps Ward . . 50 . . 17
La Trobe Ward . . 102 . . 15
Bourke Ward . . 43 . . 32
Lonsdale Ward . . 100 . . 28
___ ___
295 92

leaving a majority for Earl Grey of 203, who was declared amidst enthusiastic cheering, to be duly elected as a member of the Legislative Council for the Electoral District of the City of Melbourne.

GOLD