vernment? And as to associates, why, he has as many as he wishes for, aye! both male and female-and too often money in his pocket, to boot. We do not mean to say, that there are not some masters, who exercise a more rigid authority than others over their assigned servants; but this we do say-that, taking the whole number of assigned servants throughout the Colony, we are quite certain that they enjoy a much better existence, than the majority of English agricultural labourers. Why, what have they to care about? Have they a hungry wife and a host of starving children to feed and provide for? Have they to toil from sun-rise to sunset for a miserable pittance of three shillings per diem, and then to pay, even out of this, and leaving all maintenance out of the question, their rent, their tithes, their taxes, and their other imposts. We are at a loss to conceive the reason, which could induce the writer to argue so boldly from premises so perfectly untenable? Such a course does infinite injury to the very cause which the writer would so studiously advocate; and, from his great and peculiar sources of information, he must know, that he has greatly overrated the severity of the penal discipline, as generally practised in this Colony. As public writers, we cannot overlook this very reprehensible inconsistency; more especially as it is calculated to mislead many worthy persons "at home," to the great and manifold disadvantage of this Colony. We can assure the writer of the Essay now before us, that his production would have been much more highly esteemed, had it been divested of the passages, which we have deemed it our duty thus severely to reprehend; and, although we may give him full credit for sincerity of purpose, we cannot withhold our censure for the absence of his judgment. The instance now in question, however, is not the only matter in dispute between us. In an elaborate Essay like this-the finished performance of three laborious years-not a single discrepancy should be perceptible. We may be accused of hyper-criticism, but we do not mind that, because, having really and sincerely the welfare of the Colony at heart, we feel vexed and concerned that one of its oldest and ablest writers should in any way compromise his consistency. But, how can we reconcile these two passages? At page 47, we find the following:-"The exertions even which have of late years been made to reform and render comfortable the interior of gaols, have, we fear, also helped, by holding out a sort of peaceful asylum to the starving and houseless poor, to add in some measure to the number of offenders. When we see large and handsome buildings erected for gaols, the most striking, and in many instances, the chief ornament of towns, rivalling both in the number of their inmates, and in the commanding appearance of their exterior, the church (!) itself, can we wonder, that the sources to supply them with inhabitants should prove so abundant?" At page 50 we have a short answer to this question: it is as follows" Man, even in his debased state, is proud and jealous of his free agency-his spirit, however much corrupted, yet revolts at being driven into a corner, even for the purpose of receiving a boon." In other words, he does not like, however" debased," to go into a 66 large and handsome building, erected for a gaol."-So much for our erudite author's consistency of argument! If we rightly comprehend the gist of this Essay, we imagine that its object is to point out the penal discipline in use in this Colony. This is a good object, and we admire and extol it; because we are perfectly convinced, that in no other penal settlement, is there so much care taken, or so much vigilance used, for the purpose of establishing the highest ends of Prison Discipline. But we wish that our zealous Essayist had been rather more circumspect in his course, and less rash in his procedure. In all matters of this kind, a plain, straight forward statement of facts is infinitely more valuable, and, in truth, more to be depended upon than the most euphonious rhetorical flourish, or the most sentimental string of sentences. That our author has, in more than one instance, been carried away by his feelings is not to be wondered at, considering the stimulus of his subject, and the warmth of his heart: but we regret that he did not submit his lucubrations to some candid and prudent friend, by whose suggestions and advice he might have considerably benefitted. In answer to our observations on the_mode of treating assigned servants, we anticipate the cry of "Look at the Government regulations-see, how severe they are, and then, talk of transportation being no punishment!" The regulations of the Government are one thing a strict compliance with them, another and we may venture to assert-taking the settlers all through the Island-that not more than one in an hundred trouble themselves at all about their strictness. Masters there are, we well know, whose attachment to the Police-office is proverbial: but this is not actuated by any tender regard for the welfare of the convict, neither do such masters avail themselves of the regulations of the Government for any other purpose than the punishment of their servants. As one proof of the general apathy, which is entertained towards the orders or regulations of Government, we may point out a notice in a recent Gazette, where the inhabitants of one of the districts are enjoined to comply with a previous order, requiring a return of all their assigned servants, stating conduct and character, and which return ought to have been sent in by the 1st March. But we need not adduce any examples of a fact, notorious to every one-and to none more so than the Local Government itself. On the subject of Indulgences, however, we agree, generally, with our author. We are fully apprized of the difficulty of obtaining any indulgence, as well as of the risk of retaining it; but even as regards this matter, we know that, in many cases, a great deal of partiality is often exhibited. Not-let it be understood-by the officers of the Government-but by persons, who are interested, more or less, in the accomplishment of the matter in question. This, however, is a subject, with which we have no concern: we therefore let it pass-coming, in conclusion, to the very extraordinary "STANDING INSTRUCTIONS FOR THE REGULATION OF THE PENAL SETTLEMENT OF TASMAN'S PENINSULA.' We call these "Standing Instructions" extraordinary, because they are most particularly adapted to render unavailable the most prominent and beneficial purposes of Prison Discipline-namely, the reformation of the criminal. We regret that our limits will not permit us to extract the whole of these "Standing Instructions"but we will, nevertheless, find room for two or three items, just by way of shewing our readers what penal discipline may very properly be rendered, whenever occasion requires at any of our penal settlements. Amongst other officers a Police Magistrate" is to be appointed to Tasman's Peninsula, and his instructions are very voluminous. Among other things, he is authorized to "punish offences upon view. He is, when the accusers are able to give their evidence coolly, and are not under excitement from recent irritation, to make the trial and punishment follow the offence as closely as possible, so that crime and its consequences may be associated in the convict's mind as cause and effect, and form parts as it were of the same idea!" There is something supremely scientific and grandly philosophical in this but we have other examples of the same stupendous subject to adduce. "He," (that is, the Police Magistrate-and be it remembered we quote from the "Standing Regulations")" is generally to assign such punishment as will inflict the requisite amount of pain or misery (!) within the shortest period of time." "He (we speak still of the Police Magistrate) shall order flagellation in every case in which from blunted sensibility it is impossible to punish effectually through the mind." We consider this "instruction" purely supererogatory, because we naturally opine, that no man would be sent to Tasman's Peninsula, till the little" sensibility" he ever possessed was most completely "blunted." However, this is, after all, but a difference of opinion, perhaps, but there can be no difference as to the following-" He shall take care that when flagellation is ordered, it is executed with due severity, in the presence of the Surgeon, who shall attend for the usual purposes. So far, then, as regards the Commandants-and we regret that our limits will not allow us to analyze the instructions of the other Officers-the Surgeon, the Chaplain, the Superintendent, the Commissariat Officers, and the "Officers generally." But we cannot do this, neither can we quote the "Instructions" relating to the convict's themselves: we may observe, however, that rigorous severity is their prevailing characteristic. We meet in these very plain and explicit "Instructions," the galling term "gentlemen convicts." Now, it would be extremely difficult to reconcile this contradictory appellation, had we not a clue to the real meaning of the designation in the measures and intentions of the Home Government. By "gentlemen convicts" is meant what plain-speaking men would call "swindlers,"-persons, with some degree of education, who, by the exercise of superior address and cunning, have preyed upon their unsuspecting victims; and who—one-half of them, at least,-richly merit very severe and very peremptory punishment. Still, we are at a loss to conceive why the attention of the Government should be so suddenly, and so rigorously directed to the coercion of this class of convicts; and looking to Prison Discipline as a science, having for its object the punishment and reformation of the offender, we are most decidedly of opinion, that these "Instructions" are worse than useless. to the punishment part of the business, we readily concede that they provide more, much more, than can be requisite. Let us, however, be distinctly understood. We have lived quite long enough in the world to know-that the possession of power is by many persons a temptation not to be resisted; and with every care and circumspection, it is not always possible to select Officers duly and strictly qualified to superintend a Penal Settlement, so rigidly constituted as that at Tasman's Peninsula. True it is, that the design of this Settlement is admirable :-" the design of this Establishment," the Instructions tell us― "is the severe punishment of the vicious part of the community, as the means of deterring others from the commission of crime, as well as the reformation of the criminals themselves." We cannot, however, commend so unreservedly the means by which this design is to be fulfilled. "To this end"-we are informed, "the most unceasing labour is to be exacted from the convicts, and the most harassing vigilance over them is to be observed, together with such a minute system of classification, as may be best calculated to develope their characters, habits, and dispositions." If proper attention be paid to the latter part of this regulation, considerable benefit may accrue, both to society at large, and the criminal individually; but we must confess that we have our doubts on the subject; however, we shall see how this new system will "work," and be guided accordingly. We had forgotten to mention that there is rather a curious preface prefixed to the Van Diemen's Land Annual; and amongst other curious matters is the following observation :-" An article of considerable length on the Aborigines, with several other subjects of minor importance, has been unavoidably shut out." This is the first time we have been given to understand that the subject of the Aborigines is one of "minor importance :" it was only the other day that a man near Launceston had his cattle speared, and was very near meeting the same fate himself. The man's name is Stephen Broe, and the Aborigines were the aggressors. We must confess that we should have preferred any article on the Aborigines, to that on Pontoon Bridges; and so, we think, would the majority of our readers; but as there may be a diversity of opinion upon this subject, we shall say no more about it-except, that we hope to see the omitted article in the next number of the Van Diemen's Land Annual: and we shall anticipate much amusement and instruction from its perusal. Let the learned Editor, therefore, render it as perfect as possible, and by no means shut it out as an article of minor importance." ON FRIENDSHIP. There's a beam of this earth, so bewitchingly bright, Twin sister of love, with its joy, and its sadness ;- P. |