Blackwood's Edinburgh Magazine, Vol. 66, No 409, November 1849

But by far the most powerful cause, which has been in operation for above a quarter of a century, in destroying the beneficial effects of the system of transportation, and substituting the worst possible consequences in their stead, has been the sending out of convicts in too great a proportion to the free population, and the consequent necessity for substituting the gang for the assignment system. This is a matter of the very highest, indeed of paramount importance; and it may safely be affirmed that, unless a remedy is found for it, all efforts made to render the system of transportation palatable to the colonies will prove nugatory. Fortunately the means of remedying that evil are not only easy, but, comparatively speaking, cheap, and perfectly efficacious; and they promise, while they remedy the above-mentioned evil, to confer, in other respects, signal benefits both on the colonies and the mother country.

New South Wales was originally selected, and not without sufficient reasons, as the place for the establishment of penal colonies, because the distance of it from the mother country, and the length of the voyage, rendered it a very difficult matter either for runaway convicts, or those who had served their time, to get home again. Once sent out, you were, in the great majority of cases, clear of them for ever. This circumstance was no disadvantage, but rather the reverse, to the colony, and certainly a very great advantage to the parent state, as long as the number of convicts annually sent out was inconsiderable, and the whole convict population formed a small minority to the number of free settlers. When the whole number committed a-year in England was 4500, and in Scotland under 100, as it was in Great Britain in 1804 or 1805, the settlement of convicts on the distant shores of Australia worked well. They were glad to get the 300 or 400 annually sent out; they were benefited by their forced labour; and the free settlers were in sufficient numbers to keep them with ease in subjection, and prevent their habits from contaminating those of the free inhabitants of the colony. But when the commitments from Great Britain and Ireland had risen to 50,000 or 60,000 a-year, and the convicts sent out to 3000 or 4000 annually, as they have done for some years past, the case was entirely altered. The polluted stream became much too large and powerful for the land it was intended to fertilise; it did more harm than good, and became the object of uniform and undisguised aversion.

The distance of Australia from the mother country, which formerly had been so great an advantage to both parties, now became the greatest possible evil; because it prevented, at the time this great influx of convicts was going on, the immigration of freemen from preserving anything like a due proportion to it. When the convicts rose to 2000 and 3000 yearly, the free settlers should have been raised to 8000 or 10,000 annually. This would have kept all right; because the tainted population would have been always in a small minority compared to the virtuous; order would have been preserved by the decided majority of the well-disposed; and the assignment system, the parent of so much good, still rendered practicable by the ceaseless extension of free settlers in the wilds of nature. But the distance of Australia rendered this impracticable, when the emigration of freemen was left to its own unaided resources. Steam navigation contributed powerfully to throw it into the back-ground for all but the very highest class of emigrants. The voyage to Australia is one of fourteen thousand miles; it takes from five to six months, must still be performed by sailing vessels, and costs about £16 a-head for the ordinary class of emigrants. That to America is one of three thousand miles; it takes from a fortnight to three weeks, is performed by great numbers of steam as well as sailing vessels, and costs from £3 to £4 a-head for the same class of passengers.10

These facts are decisive, and must always continue so, against the choice of Australia, as the place of their destination, by the great bulk of ordinary emigrants. Several young men of good family, indeed, tempted by the high profits generally made there in the wool trade, and the boundless facilities for the multiplication of flocks which its prairies afforded, have settled there, and some have done well. But of ordinary labourers, and persons to do the work of common workmen, there has always been felt a very great deficiency, for this simple reason, that they could not afford the expense of the voyage. The settlers were almost entirely of the better class, and they were in no proportion at all to the number of the convicts. This distinctly appears, not only from the extravagant wages paid to shepherds and common labourers, generally not less than five or six shillings a-day, but from the very limited number of emigrants, even during the distress of the last three years, when the voluntary emigration had reached two hundred and fifty thousand annually from the British islands, who have gone to our colonies in New South Wales.11

This unhappy turn of affairs has been attended with a double disadvantage. In the first place, the vast increase in the number of convicts sent to Sydney, compared with the small number of free settlers, has for a long time past rendered the continuance of the assignment system impossible; and the gang system, to take off and embody the surplus numbers, became in a manner a matter of necessity. The manners of the colony, its habits, its prospects, its morality, have been seriously damaged by this change. The emancipated convicts who have made money, known by the name of "canary birds," have pressed upon the heels, and come to excite the jealousy, of the free settlers. The accumulation of convicts in the lower walks of life has checked the immigration of free labour, perpetuated the frightful inequality of the sexes, and led to the most lamentable disorders. The gang system, of necessity introduced, because free settlers did not exist to take the convicts off under the assignment system, perpetuated in the colony the vices of the hulks, the depravity of the galleys. The whole benefits of transportation to the convicts, their whole chances of amendment, are lost, when, instead of being sent to rural labour in the solitude of the woods and the prairies, they are huddled together, in gangs of four or five hundred, without hope to counterbalance evil propensities, or inducement to resist the seduction of mutual bad example. These evils were so sensibly felt, and led to such energetic representations to the government at home, that at length the colony was pacified, but at the same time its progress checked, by an order in council in 1837, that no more convicts, for a limited time, should be sent to Sydney or its dependencies.

But this only shifted the seat of the evil, and augmented its intensity. The convicts, now swelled to above four thousand a-year, could not be kept at home; they required to be sent somewhere, and where was that place to be? Van Diemen's Land was selected, being the most southernly portion of New Holland, and of course the farthest removed from this country; and thither nearly the whole convicts of Great Britain and Ireland, soon above thirty-five hundred annually in number, were sent for several years. The consequence of this prodigious influx of criminals into an infant colony, so far removed from the parent state that it cost £20 a-head to send a common labourer there – and of course no free emigration in proportionate numbers could be expected without public aid – might easily have been anticipated. Government did nothing to encourage the simultaneous settlement of free settlers in that distant land, thus flooded with convicts, or so little as amounted to nothing. The consequence was, that, ere long, three-fifths of the inhabitants of the colony were convicts. Every one knows, none could have failed to anticipate the consequences. The morals of the settlement, thus having a majority of its inhabitants convicts, were essentially injured. Crimes unutterable were committed; the hideous inequality of the sexes induced its usual and frightful disorders; the police, how severe and vigilant soever, became unable to coerce the rapidly-increasing multitude of criminals; the most daring fled to the woods, where they became bush-rangers; life became insecure; property sank to half its former value. So powerful, and evidently well-founded, were the representations made on the subject to the legislature, that it became evident that a remedy must be applied; and this was done by an order in council in 1844, which suspended entirely for two years the transportation of male convicts to the colonies. That of females was still and most properly continued, in the hope that, by doing so, the inequality of the sexes in Australia might in some degree be corrected.

But this measure, like all the rest, not being founded on the right principle, has entirely failed. The accumulation of offenders in the British islands, from the stoppage of the usual vent by which they were formerly carried off, soon became insupportable. The jails were crowded to suffocation; it was ere long found to be necessary to liberate many persons, transported seven years, at the expiration of two, to make way for new inmates. The liberated convicts were soon back in their old haunts, and at their old practices; and the great increase of serious crimes, such as robberies, burglaries, and murders, demonstrated that the public morals in the great towns were rapidly giving way, under the influence of that worst species of criminals – returned convicts. The judges both of Great Britain and Ireland, in common with every person practically acquainted with the subject, and who had daily proofs, in the discharge of their important official duties, of the total failure of the imprisonment system, were unanimous in recommending a return to transportation. All the temporary expedients adopted, such as Gibraltar, Bermuda, &c., soon failed from the rapid increase of convicts, who greatly exceeded all the means left of taking them off. Government became convinced that they had made a step in the wrong direction; and they most wisely took counsel from experience, and determined to resume the practice of sending convicts abroad. But, on the threshold of the renewed attempt, they were met by the refusal of the colonies to take them. The Cape is almost in rebellion on the subject; and in despair of finding a willing colony, it is said they have in contemplation to send them to be roasted under the White Cliffs, and increase the already redundant population of Malta.

It is not necessary to do any such thing. The solution of the transportation question is easy, the method to be followed perfectly efficacious. Government have only to commence the discharge of one of their most important social duties to get rid of all their difficulties, and render the immigration of criminals, as it was in time past, as great a blessing to the colonies, and as ardently desired, as of late years it has been a curse, and earnestly deprecated.

Transportation is a blessing to a colony when the convicts are kept in a minority, perhaps in a fourth or a fifth of the community to which they are sent, and when they are not hardened in crime, and all instructed in some useful trade. In such circumstances, they are the greatest possible addition to its strength, riches, and progress, and will always be gladly received.

Transportation is a curse when the convicts sent out are so numerous, and the free settlers so few, that the former forms a large proportion of the community compared to the latter, and when their habits are those of hardened irreclaimable criminals, instead of youthful novices in crime. If they become a majority, certain ruin may be anticipated to the colony thus flooded with crime.

The difficulties which now beset the transportation question have all arisen from our having pursued a course, of late years, which rendered the settlement of convicts a curse instead of a blessing, as it was at first, when the system was directly the reverse. To render it a blessing again, we have only to restore the circumstances which made it so formerly – sending out the convicts when not completely hardened in depravity, and in such a proportion to the free settlers as to keep them a small minority to the free and untainted part of the community. The immigration of convicts to our colonies is like that of the Irish into western Britain: everything depends on the proportion they bear to the remainder of the population. They are very useful if a fourth; they can be borne if they are a third; but let them become a majority, and they will soon land the country in the condition of Skibbereen or Connemara.

We cannot diminish the numbers of convicts transported; on the contrary, woful results have made us aware that it should be materially increased. Experience has taught us, also, that voluntary unaided emigration cannot enable the free settlers in Australia to keep pace with the rapid increase of crime in the British islands. What, then, is to be done? The answer is simple: Discharge in part the vast duty, so long neglected by government, of providing, at the public expense, for the emigration of a certain portion of the most indigent part of the community, who cannot get abroad on their own resources, and SETTLE THEM IN THE SAME COLONY WITH THE CONVICTS. Do this, and the labour market is lightened at home; the convicts are kept in a small minority abroad; the colony, thus aided by the combined virtue and penal labour of the mother country, is secured of prosperity and rapid progress; and its rate of increase will soon induce the other colonies to petition for a share of the prolific stream.

At present, there are, or at least should be, above 5000 criminals annually transported from the British islands.12 The cost of settling a free labourer in Australia is about £16 a-head. To send 16,000 free labourers with these 5000 criminals would cost just £256,000 a-year: call it £300,000 yearly, to make room for the probable increase of criminals, from the growing necessities or depravity of the mother country, and provide for the extra and unavoidable expenses of an infant establishment, and the transportation question is at once solved, a great relief is afforded to the distressed labourers of the parent state, and a certain market for our manufactures provided, which will double every two or three years, as long as the system is continued.

Let government, by an order in council, propose these terms to the colonies, and we shall see if any of them will refuse them. If none will close with them, let them at once establish a new colony on these principles, in some unoccupied part of New Holland. In twelve months, there will be a race for who is to get a share of the fertilising stream. Sixteen thousand free settlers, and five or six thousand convicts, annually sent to any colony, would cause its numbers to double every two, and its prosperity to triple in value every three years. Everything would go on in a geometrical progression. It would soon rival California in progress and reputation. Capital would rapidly follow this scene of activity and progress. Moneyed men are not slow in discovering where labour is plentiful and comparatively cheap, and where their investments are doubled in amount and value every two or three years. A colony thus powerfully supported by the parent state would soon distance all its competitors: while the Cape, New Zealand, and Australia were slumbering on with a population doubling every ten years, from the tardy and feeble support of free emigrants on their own resources, the establishment thus protected would double in two or three. Voluntary emigrants would crowd to the scene of activity, progress, and opulence. The 20,000 persons annually sent out would immediately become consumers of our manufactures to the extent of £150,000 a-year:13 and this rate would be doubled the very next year! At the end of five or six years, it would amount to £800,000 or £900,000 annually. What a relief at once to the manufacturers of Great Britain, now labouring so severely under the combined effect of foreign competition and a declining home market, and the starving peasantry of Ireland, where half a million of stout labourers – admirable workmen in a foreign country, though wretched ones in their own – are pining in hopeless destitution, a burden upon their parishes, or flocking in ruinous multitudes to Liverpool and Glasgow.

But where is the £300,000 to come from? The Chancellor of the Exchequer has no money; taxation has reached its limits; and loans are out of the question. What! have free trade and a restricted currency, then, so quickly prostrated the resources of the country, that the nation which, in 1813, with eighteen millions of inhabitants, at the close of a twenty years' costly war, raised £72,000,000 by taxation, and £80,000,000 by loan, cannot now, with thirty millions, for so very important an object, after thirty-three years of unbroken peace, muster up £300,000 a-year? A shilling a gallon on the 6,259,000 gallons of whisky annually consumed in Scotland alone, in demoralising the community, would provide the requisite sum, and tend to equalise the ruinous exemption which Scotland now enjoys in the manufacture of that attractive and pernicious liquor. A similar duty on the 12,000,000 gallons annually consumed in England, would raise double the sum. But if government, despite the £100,000,000 we were promised by free trade, cannot afford £300,000 a-year for this vital object, let it be laid on the counties as part of the prison or county rates. A little reflection would soon show every person of sense in the country, that its amount could speedily be saved in prison and poor rates.

Simultaneously with this change, an alteration, equally loudly called for, should take place in the administration of our criminal law at home. The present system of inflicting short imprisonments at first, and reserving long imprisonments and transportation for criminals who have plied their trade of pillage for two or three years, should be abolished. Imprisonment should consist of three kinds: – 1. A very short imprisonment, perhaps of a week or ten days, for the youngest criminals and a first trifling offence, intended to terrify merely. 2. For a second offence, however trivial – or a first, if considerable, and indicating an association with professional thieves – a long imprisonment of nine months or a year, sufficient to teach every one a trade, should invariably be inflicted. 3. The criminal who has been thus imprisoned, and taught a trade, should, when next convicted, be instantly transported. In this way a triple advantage would be gained. 1. The immense number of prisoners now constantly in confinement in the British islands would be materially lessened, and the prison-rates proportionally relieved. 2. The cost of now maintaining a convict in one of the public penitentiaries, to prepare him for transportation, not less than £17 or £18, would be almost entirely saved; he would be prepared for it, in the great majority of cases, by his previous imprisonment. 3. The character and habits of the convicts sent out would be materially improved, by getting comparatively young and untainted men for penal labour, instead of old offenders, who have learned no other trade than that of thieving. To the country it would undoubtedly save £60 or £80 on each criminal transported, by removing him at the commencement of his career, when his reformation was possible, instead of waiting till its close, when he had lived for three or four years in flash-houses and prisons at the public expense, paid in depredations or prison rates, and acquired nothing but habits which rendered any change of character abroad difficult, if not impossible. The prisons would become, instead of mere receptacles of vice, great houses of industry, where the most dangerous and burdensome part of our population would be trained for a life of industry and utility in the colonies.

For a similar reason, the great object in poor-houses, houses of refuge, hospitals, and other institutions where the destitute poor children are maintained at the public expense, or that of foundations bequeathed by the piety of former times, should be to prepare the young of both sexes, by previous education, for the habits and duties of colonists; and, when they become adults, to send them abroad at the expense of the public or the institution. Incalculable would be the blessings which would ensue, both to the public morals and the public expenditure, from the steady adoption of this principle. It is a lamentable fact, well known to all practically acquainted with this subject, that a large proportion of the orphan or destitute boys, educated in this manner at the public expense, in public institutions, become thieves, and nearly all the girls prostitutes. It could not be otherwise with young creatures of both sexes, turned out without a home, relation, or friend, shortly after the age of puberty, into the midst of an old and luxurious community, overloaded with labour, abounding in snares, thickly beset with temptations. Removed to Australia, the Cape, or Canada, they might do well, and would prove as great a blessing in those colonies, where labour is dear, women wanted, and land boundless, as they are a burden here, where labour is cheap, women redundant, and land all occupied. Every shilling laid out in the training the youth of both sexes in such situations, for the duties of colonial life, and sending them to it when adults, would save three in future prison or poor rates. A pauper or criminal, costing the nation £15 or £20 a-year, would be converted into an independent man living on his labour, and consuming £7 or £8 worth yearly of the manufactures of his native country.

The number of emigrants who now annually leave the British shores, is above 250,000!14 No such migration of mankind is on record since the days when the Goths and Vandals overthrew the Roman empire, and settled amidst its ruins. It might naturally have been supposed that so prodigious a removal of persons, most of them in the prime of life, would have contributed in a material degree to lighten the market of labour, and lessen the number of persons who, by idleness or desperation, are thrown into habits of crime. But the result has been just the reverse; and perhaps nothing has contributed so powerfully to increase crime, and augment destitution among the labouring classes of late years, as this very emigration. The reason is evident. It is for the most part the wrong class which has gone abroad. It is the employer, not the employed; the holders of little capitals, not the holders of none. Left to its own unaided resources, emigration could be undertaken only by persons possessed of some funds to pay their passage. It took £100 to transport a family to Australia; £20 or £30 to America. The destitute, the insolvent, the helpless, could not get away, and they fell in overwhelming and crushing multitudes on the parish funds, county rates, and charity of the benevolent at home. Labour became everywhere redundant, because so many of the employers of labour had gone away. The grand object for all real lovers of their country now, should be to induce government or the counties to provide means for the emigration, on a large scale, of destitute labourers, chained by their poverty to the soil. About 150,000 persons have annually emigrated from Ireland for the last three years, carrying with them above half its agricultural capital; and the consequence is, that in many districts the land is uncultivated, and the banknotes in circulation, which, in 1846, were £7,500,000, have sunk in August 1849 to £3,833,000!15 The small cultivators, the employers of the poor, have disappeared, and with them their capital – leaving only to the owners of land a crowd of starving, unemployed labourers, to consume their rents. A million of such starving labourers now oppress the industry of Ireland. Such is the result of agitation at home, and free trade in emigration abroad. The American papers tell us, that each of these starving Irishmen, if strong and healthy, is worth 1000 dollars to the United States. Free-trade emigration can never send them out – it can transport only those who can pay. A large increase of penal emigration, coupled with such a proportionate influx, at the public expense, of free settlers, as would prevent it from becoming an evil, at once solves the transportation question, and is the first step in the right direction in that of Emigration.