Lords Sitting of 4 March 1851

TRANSPORTATION OF CONVICTS—VAN MEMEN'S LAND.
LORD MONTEAGLErose to present a petition from the colonists of Van Diemen's Land, relating, he said, to subjects of no common importance. It referred primarily to the internal condition of that important colony; but it also stated facts which opened the whole question of transportation as a secondary punishment. It was most numerously and respectably signed. In order that their Lordships might understand the statements contained in the petition, it was necessary they should bear in mind the fact, that some years ago a petition was presented from the same Colony very much to the same effect with the present. That petition was entrusted to his noble Friend the President of the Council. Redress was then promised by the Government; but he was assured that many of the subjects of complaint which at that period existed, still remained unredressed. The petitioners stated that, in consequence of the intention expressed by the Government to modify, if not wholly to abandon transportation, and to adopt a new system of secondary punishment, the colonists, in the years 1840 and 1841, at a very great expense to themselves, had encouraged the immigration of many thousands of free settlers; but, instead of the fulfilment of their expectations that transportation to Van Diemen's Land would cease, an arrangement was subsequently made by the Government at home, by which that colony had become the sole receptacle of convicts from the home country, and the condition of the colonists had been fearfully deteriorated from the large number of lawless and criminal persons settled there. They therefore complained that the pledge solemnly given by Her Majesty's Government had not

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been carried into effect. This, in his (Lord Monteagle's) judgment, was a most material part of the question. As to the expediency or inexpediency of transporting convicts to Van Diemen's Land, important as that matter certainly was, it was by no means so important as the question, whether the Government of this country had or had not been guilty of a breach of faith towards the inhabitants of that colony. The petitioners stated that, at the opening of the Legislative Council in 1848, Sir W. Denison had formally announced that it was the decision of the Government that transportation to Van Diemen's Land should cease altogether. At a previous period the Home Government had assured the colonists that transportation should be suspended for two years; but before the termination of that period transportation had been resumed. A pledge had also been given, that each transmission of convicts should be accompanied by an equal number of free emigrants. The convicts were sent, but unaccompanied by free emigrants or by women. The successive revolutions of the Government were in perfect accordance with the wishes of a large portion of the free inhabitants of Van Die-men's Land; but, said the petitioners, notwithstanding all those pledges, not one of them had been observed. The consequence had been most injurious. The enormous proportion of the convict population to the free settlers had not only destroyed the best hopes of the colony, but the effect had been what was anticipated years before, namely, the driving out of the colony a large portion of the original free population and of the free immigrants. The petitioners concluded by stating, that they had continually before their eyes the mournful results, both material and moral, which must attend perseverance in the present system, and that they could no longer place reliance on the promises of the Government, which, to their cost, they had found so often disregarded. Such were the complaints of these petitioners; but, in laying them before the House, he felt bound, in justice to the Government, to state that the difficulties of Van Diemen's Land had been augmented as much by the action of Parliament itself as by any acts or omissions either of the noble Earl (Earl Grey), or of those who had preceded him in office. Parliament, not acting upon any definite plan, not considering the consequences which one change would have in
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rendering another necessary, had from time to time made such sudden and unexpected alterations of system in regard to convict transportation, without providing for the consequences, that the colonists were always placed at a disadvantage. Thus, at one period the assignment system was suddenly abandoned, without providing any substitute. Then all transportation to North South Wales was prohibited. Subsequently, the punishment of the hulks was prohibited, and all convicts were sent abroad. A penal colony was proposed to be established in North Australia; but that was given up at present: with the exception of a limited number employed at Bermuda and Gibraltar, the whole tide of our convicts was poured out on Van Diemen's Land. The effects upon the economical and moral condition of the colony had been such as to justify the loudest complaint. The population of Van Diemen's Land was 70,000, of whom 32,173 were free; thus showing that considerably more than one-half were convicts. He was bound to mention that a few convicts were received in West Australia; but great dangers were in prospect. The House could not but remember the case of the Cape of Good Hope, where an ineffectual attempt was made to introduce a body of convicts sent from this country; and it was to be feared that the example then set might produce bad results in other cases. He believed there existed a very general determination on the part of all the Australian colonies to resist the further continuance of transportation; there was reason to apprehend that the people of Van Diemen's Land and of the other colonies might be led to take steps—he sincerely hoped, not following the fatal example of the Cape indeed, but by more legitimate means—to render the future introduction of convicts into any part of those colonies utterly impossible. The subject was, indeed, one of very great importance, and well worthy the most serious attention of their Lordships. If transportation were rendered impossible, he implored their Lordships to consider what substitute could be provided, and how the administration of justice could be carried on. He was quite aware of the great improvements introduced by the present Governor of Van Diemen's Land (Sir W. Denison); he was far from suggesting that the Home and Colonial interests might not be reconciled in the employment of convicts; but he could not help feeling much alarm at the present

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state of things and at our present prospects, and he could not but respectfully warn the House and the Government of the perils against which it was their duty to provide.
EARL GREYsaid, the noble Lord had presented a similar petition last year, and he (Earl Grey) had then gone so fully into the question that it was unnecessary for him to trouble their Lordships at any length. But as the noble Lord had again referred to what he had contradicted last year, namely, that there had been a breach of faith on the part of Her Majesty's Government with regard to the colony of Van Diemen's Land, he must again, in most decisive and explicit terms, deny the justice of that accusation. It was most true that an intention existed of doing away with transportation as previously carried on in Van Diemen's Land; and in every despatch that had been not only laid on the table of that House, but transmitted to Van Diemen's Land, it was invariably stated that the intention of the Government was not to continue transportation as it had previously existed. He did not deny that in the despatches sent out, and the speeches made, expressions might have been used which, taken by themselves and separated from the statements of which they formed a part, were capable of being represented as indicating an intention of putting an end to transportation; but no man who read those despatches, or had heard those speeches, could fail to perceive that—while it was intended that the greater part of the sentence should be inflicted in this country—it always formed part of the system to send the convicts out to the Colonies, and more especially to the Australian Colonies. This had been declared, not only by himself, but by his predecessor, who, like himself, had pointed out that in a country like this, where the labour market was so well stocked, and where it was difficult for any but persons of irreproachable character to obtain employment, in a great majority of cases the convicts must be driven back to crime, which the example of France proved to be an evil of the greatest magnitude; whereas in a colony these selfsame persons, after the expiration of their punishment, were found, in a great majority of instances, to become useful members of the community. He had before pointed out to their Lordships that, according to the best calculations, there were at the time when he addressed their Lordships last year 48,000 persons at large in the Australian Colonies who had been removed from this
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country as convicts, by far the great majority of whom were earning their livelihood by honest industry, with advantage to themselves, with advantage to the colonies, and with advantage to this country. It had, therefore, been the object of the Government that at some stage or other of their punishment convicts should be removed. He was opposed then, as now, to the system of employing gangs of convicts in our Colonies at a great distance from the seat of Government, and, where it was difficult to establish a thorough superintendence, was a system liable to abuse, and that, therefore, that portion of the punishment consisting of penal labour should be carried on under the immediate control of the Government, either in this country or in the comparatively near stations of Gibraltar and Bermuda, but that ultimate removal to one of the Colonies should take place. Experience showed the impolicy of lotting men suddenly loose after undergoing severe penal discipline, to become their own masters in places where high wages were easily obtainable; and it was felt that it would be a great improvement if these persons were sent with tickets of leave, which could be withdrawn at pleasure, into the more remote districts, where they would not be exposed to the temptations to which they would be exposed in the towns. Her Majesty's Government also felt themselves bound to attend to the expressed opinions of Parliament. He need not remind their Lordships that a Committee was appointed by that House in 1847, and the subject was also discussed in the other House of Parliament, and in both Houses a strong opinion was expressed as to the necessity of some modification of the views entertained by Her Majesty's Government. It was the duty of the Government to conform to the opinion so expressed. Having so far vindicated the Government, he hoped, from any want of good faith towards Van Diemen's Land, he had nothing more to add except this—that he fully concurred with his noble Friend on the cross benches as to the hardship and injustice inflicted on the colony by the course which had been adopted from 1840 to 1845; but neither he nor his predecessor were responsible for this so much as Parliament itself. An Address was carried in the other House, calling on the Crown immediately to remove from this country a very large number of convicts. He was bound to say that the measure was adopted by the other House very rashly and inconsiderately; nor could

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he altogether acquit the Executive Government of the day of all share of the blame. Still, had the House of Commons voted the necessary money to make the requisite arrangements in Van Diemen's Land, even that large number of convicts might probably have been sent there without injury to the colony. But, with regard to past errors, all that they could do was to take a lesson from experience, and endeavour to correct them for the future. He concurred in what had been said as to the necessity of dispersing the convicts as widely as possible. He deeply regretted the necessity for sending so large a number to Van Die-men's Land, but he firmly believed that necessity would not much longer continue. His noble Friend had described the very strong feeling prevailing in the Australian Colonies; but the noble Lord did not distinguish between the views prevailing in different parts of those Colonies. In Western Australia, for instance, the settlers were unanimous in their desire for a supply of convict labour. But they were not alone. The papers on the table showed that in the northern part of New South Wales it was the unanimous wish of every stockholder and occupier of land that convicts should again be sent, having found their services of so much value as stockmen and shepherds. Petitions to that effect had been presented to Her Majesty both by persons interested in that part of the colony resident in this country, and by those residing on the spot. Nor was he surprised at this, for he knew not from what other source the inhabitants of those districts could obtain labour of the kind and to the extent which they required. The funds for sending out free emigrants were extremely limited, and when they were sent, there were no means of enforcing their residence in these remote districts of the colony where the production of wool was principally carried on; while, in the case of the ticket-of-leave men, they had the power of sending them to those districts where they were most wanted. He had received a few weeks ago a despatch, reporting the arrival of the last convict ship sent to New South Wales under the arrangements in progress. The convicts sent by that vessel had undergone the preliminary punishment at Portland or Pentonville, and their conduct was described as unexceptionable; and it was gratifying to know that out of 1,618 convicts sent out to New South Wales, between June, 1849, and April, 1850, with tickets of leave under the existing plan,
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there were only forty from whom it had been found necessary for misconduct to withdraw the tickets of leave, and of those only ten were cases of a serious description—the other thirty being merely for offences against discipline—and of those ten, five were for no more aggravated offences than common larceny. This was a most gratifying result. He had no hesitation in saying that these convicts had proved a most useful accession to the colony, and he was persuaded that when they had entirely viewed the working of the system, the inhabitants of New South Wales would feel that it was for their own interest that convicts should be sent there. He admitted that they ought not to be sent to Sydney or Melbourne, or any of the more considerable towns, or to the more thickly-peopled country districts; but they would be of immense advantage to those regions now becoming covered with sheep, the increase of which was prevented by the deficiency of labour to take care of them. In the Legislative Council of New South Wales in August last, a very eager debate took place on the question whether transportation should be renewed; and a division took place, in which there were thirteen on one side, and thirteen on the other. The Motion then was for the adjournment of the debate for a month, which was carried by the casting vote of the Speaker. At the end of the month he had reason to believe, from the accounts he had received, that the anti-transportation party carried the day. But when the Act passed last Session should come into operation, dividing the colony, the result would no doubt be different; for a separate legislature would then be created at Port Phillip, and he found that the representatives of this district in a body voted against receiving convicts, whereas New South Wales Proper voted in favour of it. He therefore felt little doubt that the colonists of New South Wales would not be so blind to their own true interests and the interests of this country as permanently to decline the reception of convicts. He felt the more secure for this reason. The Act of last year contained a clause by which Her Majesty was enabled on the petition of the inhabitants of the northern district of Australia to separate them into a distinct colony; and he believed that every single individual of any property in that part of the colony wished to have the advantage of convict labour, and he had no doubt that if the Legislature should refuse to acqui-

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esce, Northern Australia would avail itself of that power and apply for a division of the colony, for the purpose of obtaining a supply of the labour of which they were in such urgent need. He would only add, that the latest accounts from Van Diemen's Land clearly proved that while undoubtedly, he was sorry to say, a very strong feeling prevailed amongst the inhabitants against receiving convicts, on the other hand there was the clearest evidence that the colony was rising, perhaps slowly, but certainly beginning to recover from that state of severe depression from which it had been suffering. The demand for labour was increasing, the land revenue was more especially improving, commerce was extending, and new and important sources of employment were beginning to develop themselves; in particular, the business of shipbuilding appeared likely very speedily to rise to great importance, and from the great natural advantages which the colony possessed in its magnificent timber and convenient harbours, it was likely to be prosecuted with very great advantage and success; and in this the supply of trained convict labour would be of the utmost advantage. The fruits of an improved system of convict discipline were beginning to show themselves in the great diminution in the number of convictions, and particularly from the circnmstance that the fees received at the police-courts for drunkenness had fallen off in a manner truly surprising.
House adjourned to Thursday next.