Exiles.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 438, 13 October 1849, Page 3

Exiles.

Mr. Merriman rose, in pursuance of notice given l>y him on Tuesday lust, to bring under the notice of the Council a despatch which had been received by the Governor-in-Chief from the Secretary of State for the colonies, relative to the introduction of exiles into New Zealand. He had hoped, in coming down to the Council, to have found in the chambers the Parliamentary papers for 1840 and 1844, thai he might have referred to them, and called the attention of the Council to despatches which had been written by the Secretaries of State to Governors of this colony on the subject of couvictism in relation to these islands ; but he was disappointed in not finding files of these documents in the Council office, and he hoped that members would bear with him while he endeavoured, unassisted by such facilities as were necessary, to bring this subject before them. The purport of the despatches, however, to which he alluded, went most distinctly to lay down the principle that it would be unwise to introduce convicts into this country, and to promise that New Zealand was never to be made a penal settlement. Under these assurances many of the colorists bad made this the land of their adoption ; and although the impression on some minds might be, that these promises were about to be set aside, yet he was sure that those who had directed their course to these shores upon the faith of the repeated assurances so publicly avowed by the Colonial Office, would not now be deceived. The manner in which the subject had been placed before the colonists led him to believe that unless they themselves were willing to have convicts sent to them, there was not the least fear to be entertained of ihe home government thrusting them upon the country, for the Principal Secretary of State (or the colonies, in his despatch to the Governor, says — "I should be glad, therefore, if you would ascertain, in the manner which may appear to you best suited to the purpose, how far this would be the prevalent opinion in the colony under your government ; and if I should learn from you that the measure vould be wished for, I should be prepared to take the necessary steps for including New Zeal* and in the places into which convicts holding tickets of leave may be introduced." This portion of the despatch, taken in conjunction with previous expressions contained in it, namely, " I think it right to point out to you, that il the inhabitants of New Zealand should be willing to receive men with tickets of leave," Sec, clearly pointed out that unless the colonists were willing to receive the Secretary of State's proposition, that no steps of the kind would be taken. The question resolved itself into" two points — first, whether the Council was bound to express any opinion upon the question propounded by the despatch referred to ; and if so, what that opinion should be. Alter having read the clause in the Secretary of State's despatch, to which he had already drawn the attention of the Council, he conceived that there could be no doubt that it was clearly the duty of the Council to express an opinion in some shape or other on the question ; and from what he knew of the views of the colonists generally upon the subject, he thought tbe Council would best represent the feelings and sentiments of the inhabitants by recommending that no convicts, in whatever shape, should be sent to this country. His Excellency, in that part of the despatch that had just been read, was desired to ascertain the ieelings of the people on the subject ; and, as the Council were aware, he had done so by addressing a circular to heads of religious denominations, heads of government departments, and Justices of tbe Peace in tbe colony, requesting them to express their views on the subject. He believed that while there were a few who in reply had expressed themselves in favour of the introduction of convict*, an overwhelming majority were decidedly opposed to it. Among the settlers he believed a few might be found who would not object to convictism in its pure state, under strict discipline and surveillance, believing that they might be beneficially employed in the con-

struction of wharves and roads, and other departments of labour, but the great body of the inhabitants were opposed to any participation in the system whatever, from the conviction that the evil that would result from the introduction of a latge class of depraved characters into the country, who, by the strictest discipline that might be exercised over them, could not be precluded from mixing with tbe population, would far overbalance any good to be derivfd from their labour. This feeling extended to all classes and denominations of religious bodies in the country who dreaded the counteracting influence of evil example upon their flocks ; and it extended also to the natives themselves, who have given cleir expression to their opinions on the subject in a memorial to the Queen, signed, he believed, very numerously by them. The despatch to which he had referred pointed to two distinct good results that would be likely to proceed from | the introduction of exiles into New Zealand ; first, that labour would be supplied to the set1 tiers ; and, secondly, that the land fund would be augmented, and sources created to keep up emigration. He must say that be felt assured that great difficulties would arise in carrying out the plan that was proposed, unless, indeed, a large military force were to be permanently maintained in the country in order to keep the exiles within bounds. The labour, that they would perform would be costly indeed — for, unless kept to work by powerful restraint, men like them who had been so long subjected to the seclusion of preparatory prisons, would prefer the liberty of the bush, and,' in a country which affords so many'opportunities to evade detection, they would escape to the interior, where they might live an indolent but mischievous life, returning with increased vigour to their vicious habits. As it would be impossible to keep them within the limits of civilized districts, of course it would be impracticable to reclaim from them the cost of their passage out as was proposed. Besides, the veiy knowledge that such deduction was to be made from their earnings here would greatly lessen their desire to labour, and drive those, who might perhaps feel inclined to work, to relinquish every wish to labour, and to follow the example and footsteps of their more indolent companions. It would be better, he believed, if they were to be introduced at all; that they should be free entirely than bound to such a rule. The hon. member then drew tbe attention of the Council to what he considered the strongest argument against the measure in question, viz., the tendency to corrupt the native population, more particularly tbe female portion, by disturbing the balance of the sexes which was at present pretty equal ; and concluded by moving that the Council should resolve itself into a committee, for the purpose of considering a despatch from her Majesty's Principal Secretary of State (or the colonies, dated sth August, 1848, proposing to introduce exiles or ticket-of-leave men into this colony. The Attorney- General said that be had great pleasure in supporting the motion of his learned friend. As tbe opinion of the colonists on the subject theu under the consideration, bad been expressly invited by the Secretary of State, and as public opinion had been expressed in various ways, by memorials and petitions, through the Grand Jury and otherwise, he thought that if they, the Supreme Legislature of the colony, were to assemble without expressing an opinion on a subject of such vital interest to the colony, that they would be guilty of an unpardonable neglect of their public duty. For himself, he regarded the measure of the proposed introduction of convicts into New Zealand, as of much more than mere local or colonial importance. He had all his life enjoyed frequent opportunities of witnessing the administration of criminal justice, and had always taken the greatest interest in the subject ; and, after a lengthened period of observation and experience, he had been' led to the conclusion, that, at no distant day it would be a matter of profound astonishment, that a nation characterized by practical sound sense, should so long have tolerated, and should so have administered, a criminal code, which, whether considered in its principles or in its consequences, would then be deemed alike irrational anti absurd. For in whatever light the true object of punbhments might be considered, whether with some we might deem that object to be, solely the prevention of crime — or, with others, that it is intended partly for the reformation of the criminal and partly for the prevention of crime it was undeniable, that we had, by the system we had for the last fifty years been pursuing, arrived at this most startling result — that, instead of improving, our punishments had tbe effect of depraving the criminal — and, so far from deterring others from the commission of crime, there was not a single member of that Council who bad not seen, instances of crime actually committed for the sake of the punishment — and what other result could reasonably be expected. We are told on divine authority what human experience had abundantly con-

r med, that "evil communications corrupt good manners," on the same authority, it has been declared " that it is not good for roan to be alone," — and so wonderfully have the ways of Providence been ordered in producing and maintaining an exaGt equality in the number of the sexes, as to constitute almost a perpetual miracle, and to prove the existence of a Supreme Moral Governor of the Universe — and yet, with this knowledge and experience before us, what was the course which we had so long been pursuing? If a member of society committed a breach of the law, however trifling, we seized him, and at great expense fed him well, clothed him sufficiently and lodged him securely for months, sometimes for years. We then undertook, at great expense, to ship him on a long sea voyage — and for years afterwards to maintain him under a system of costly superintendence. That however was but the economical absurdity of the system. For we did worse. We herded these men together for years — apart from all woman-kind. We chained together the least morally guilty with the most depraved. We shut up the novice in crime, with a hundred " spirits more wicked than himself " — and could we be surprised, if, after having under-" gone the full measure of our convict discipline, " the last state of that man is worse than the first." In dealing out this sweeping denunciation, he could not be understood as blaming particular individuals, for it was the system only with which he had to deal. Individually, they weie perhaps all more or less to blame. He, the Attorney-General himself, in the discharge of his official duties, had not unfrequently to prosecute men, who on conviction would be subjected to the punishment he had so strongly denounced. But he should consider himself culpable, entertaining the opinions which he did on the subject of our convict discipline, if he did not, when a legitimate opportunity presented itself, give utterance to those opinions, with a view of bringing about an amendment of the system which he could not but conscientiously condemn. A divided responsibility was however but lightly felt, but, speaking for himself, he must cordially confess that if he were sole dictator, with absolute legislative and executive power, though he should have but little hesitation in -condemning the criminal population of Great Britain to receive by way of punishment, some sharp physical pain, or corporeal punishment proportioned to the nature of the crime — yet, knowing what he did of the system oi our penal settlements, and having the sole and individual responsibility of the act, he should shrink from consigning some hundreds of his fellow-creatures to what he believed to be the certain moral destruction prepared for' them in Norfolk Island, or the probation gangs of the neighbouring colonies, But, absurd and mischievous as he believed the system to be, he had no hope of seeing it satisfactorily amended, so long as Great Britain had a ready outlet for her criminal population in her numerous colonial dependencies. And, until she was obliged to provide for the disposal of her convicts within the limits of her shores, he feared that she would not bestow that earnest and effectual attention to the prevention of crime which would render the modes of its punishment a question of secondary importance. On that general ground then, had there been no other, he would deem it his duty to oppose the introduction into this colony of any part of the convict population of the mother country. As to the general expediency of such a measure, under the peculiar circumstances and condition of New Zealand, he would state to the Council that, four months ago, a "Circular" letter had been addressed to him, in common with many other members of the Council and others, requesting his opinion on the subject. On the occasion referred to, he had, after careful consideration, expressed in writing, and at considerable length, the reasons which appeared to him to render the introduction of convicts in New Zealand, inexpedient. Those reasons, at the time deliberately weighed and carefully expressed, and since confirmed by further consideration, he would, with their permission, now read to the Council, partly because he believed they comprised, within a moderate compass, most of the arguments bearing upon the subject — and because the letter in question contained some extracts from LordNormanby's Despatches, which', his learned friend had regretted his inability to supply. The Attor-ney-General then read from his letter as follows — " When it was proposed to erect the Islands of New Zealand into a British colony, it was declared by her Majesty's Government to be " a fundamental principle of the new colony that no Convict is ever to be sent thither to undergo his punishment." This de« claration was officially communicated by her Majesty's Secretary of State to Captain Hobson, on the eve of his departure for New Zealand. The despatch containing this declaration was shortly afterwards presented to Parliament, and printed — and was subsequently declared, by a succeeding Secretary of State to

be a document " formally and authoritatively communicated to the public." On the faith of this principle — thus publicly pledged — many of the colonists selected New Zealand as a borne for themselves and their families ; and, to <myself, that principle has always appeared to be, the most attractive feature in the colony. Even in the absence of all experience, I should expect that' tbe importation into a community of a body of men who had been convicted of almost every description of crime, would tend to lower the standard of moral feeling, and to weaken the security of person and property. The experience of the neighbouring colonies leaves no room for doubt upon the subject. It appears, however, to be anticipated that, under the new system of discipline — viz., a period of separate imprisonment at home, followed by labour on public works, either in Great Britain, or at Bermuda, or at Gibraltar — the convicts would arrive in these colonies in a higher moral condition than under the old system, whose punishment commenced with transportation. In this anticipation I cannot concur. I believe that the enforcing of labour upon criminals is not calculated, in the slightest degree, to improve their moral condition, or to make them better i or safer members of society ; and that tbe congregating together of a mass of criminals of various shades of guilt, upon public works, so far from raising their moral condition, has a direct tendency to lower the moral condition of each to the level of the most depraved. The reporis which have been received from Gibraltar and Port Phillip, satisfactory as they appear to be, are not, I think, founded upon a sufficiently extended experience to be entitled to such weight upon so grave a question^more particularly in the face of our own local experience. Some years ago a number of boys- were sent to this country from "Parkhurst" prison, and a confident expectation, in their case, as in that of the proposed "Exiles" was held out that these boys, having undergone a careful system of discipline, and having been selected by'the visitors of Parkhurst prison as eligible for pardons, would prove a valuable acquisition to the colon y. But, no sooner had they been landed, than crime rapidly increased ; and the offenders were found to be principally Parkhurst Boys. The term became a bye word; and so strongly impressed were the colonists with their evil propensities, thatif, in any criminal trial, there was adoubtof theguiltof the accused, that doubt would have been immediately removed from the minds of the jury, if they could have been informed that the prisoner was a " Parkhurst Boy 1 ' The inducements promised to the colonists to receive "Convicts holding tickets- of-leave" are — the direct addition that the men themselves would make to the supply of labour — and the further supply of free labour to be acquired by recovering from the " Exiles" the cost of their own conveyance to the colony, to be expended in the conveyance of free emigrants. From the first of these sources a supply of convict labourers would, no doubt, be secured to the colony ; but I should not look with any confidence to the latter source for any considerable supply of free labourers. The facilities of escaping into the bush — and, under the circumstances, the temptation to do so would be so great, that the cost, direct and indirect, of recovering from the men the cost of their passage out, would, I think, leave but an inconsiderable sum available as a fund for the introduction of free immigrants. To those who believe it to be practicable and desirable, by means of a Land fund, to maintain a certain ratio between capital and labour, it may be a question whether, on that ground, this ever disturbing element should be admitted into the colony. By careful attention to the subject, on the part of the founders of the colony, the natural proportion of the sexes among the European population, has hitherto happily been pretty nearly maintained. With the experience before us of the convict colonies, I can conceive no compensation adequate, and, indeed, no justification whatever, for destroying that proportion — more especially by a preponderance of a body of lawless men. The certain result of such a measure, in New Zealand, would be the suift destruction of the native race. Already the disproportion of the sexes amongst tbe natives is considerable. By promiscous intercourse, many of their young women, in the neighbourhood of our settlements, have become barren ; and I believe the introduction into this country, from time to time, of any considerable body of men, long confined in gaol and on shipboard, would, in the course of a very short period, end in the extinction of the aboriginal race ; and, be attended also, with the unutterable horrors which have been found to follow from violating the law of Nature, by artificial interference with the proportions of the sexes. The freedom of a bush life — the attraction of the native women — and the desire of escaping from the payment of their passage out, would, I believe, induce many of the "Exiles" to take at once to the bush — tbe natives would receive no benefit from the association ; and the condition of the settlers

would not be improved by being surrounded by a native population initiated into all the mysteries of the practised thief and housebreaker. Neither would it tend to the prudent reduction of the military force stationed in the colony, if every native settlement became the headquarters of a knot of lawless convicts. The sovereignty of the country having been obtained from the native chiefs, partly on the ground that it was essential to their own benefit that it should be ceded to Great Britain, I think it would weaken the confidence they were at present disposed to place in our good faith, if these islands were converted into a receptacle for felons ; and that it would afford to mischievous and designing men a dangerous argument. Such a measure would unquestionably add a dangerous element to the already numerous and complicated difficulties of New Zealand. Whether well founded or not, there exists a feeling in the minds of many in favour of a colony uncontaminated with what they believe to be the taint of convictism. For the benefit of those who entertain such an opinion, I think there ought to be at least one colony in this hemisphere in which it should be maintained as a fundamental principle, that "no convict should ever be*sent to it to undergo his punishment." I am quite aware that Great Britain is in difficulty "what to do with her convicts." I believe it to be a sound principle, that every country should bear the burthen of its own. With reference to the proposed introduction of " convicts with tickets of leave " into New Zealand, I cannot express my opinion more clearly than in the language of Lord Normanby, when Secretary of State. ' However much immediate advantage may be derived from convict labour, the benefit is purchased, at least, at so heavy a price, that even if the welfare of the colony were alone in question, I should /egard* the conversion of New Zealand into a penal settlement as a short-sighted policy. But when I advert to the effect of that measure on the aborigines, and on the administration of a criminal law in this kingdom, my opposition to it is fixed and unalterable.' " He (the Attorney General) would now only further remark that, in addition to the arguments he had just read, he had heard or seen but one which bore immediately upon the subject. It was, though last, not least, — " that the introduction of convicts into New Zealand would not expedite the period when it would be safe, practicable, and proper to confer upon its inhabitants the full benefit of free representative institutions." The Attorney General concluded by seconding the motion. The Colonial Secretary thought that the reasons that had been urged by the honorable and learned members who had moved and seconded the resolution, were so conclusive, that the Council would not hesitate to adopt an address on the subject. Nearly every reason that had been given, and every argument that was urged, had been embodied in the several replies received by the Government to the circular already referred to ; and he thought that .sufficient matter might be collated from those documents alone to embody in an address from the Council. From all the experience he himself had had while in charge of convicts, and visiting the several penal colonies, he was of opinion that the system of herding men together in large masses was not only fraught with baneful consequences to themselves, but had a fearful tendency to depravation of the free colonists with whom they were brought into contact. Mr. Kempthorne thought that the Council were very much indebted to the learned members who had brought the subject forward in such a clear and luminous manner. For his own part he would like very much to have an address forwarded from the Council to the Home Government, embodying the objections that had that day been urged against the proposal of the Secretary of State. The Colonial Treasurer rose to express his assent to the proposition of his learned friend. But in doing so he would confess that at one time he was inclined in favour of the introduction of convicts, and was so disposed from a feeling of sympathy towards Great Britain, whose difficulties were great in the disposal of her convicts. However, he had diopped that opinion, for he was now convinced that the mother country bad it much in her power to diminish the number of her criminals. Prevention was better than cure ; and he hoped that the plans of education that had lately been adapted and set in motion at home, would succeed in religiously and morally educating the people, so that crime and its perpetrators would decrease in proportion. The honourable member who brought the subject forward was entitled to the best thanks of the Council. Mr. Merriman said, he believed, as the mover of the resolution before the Council, he had a right to reply ; but happily for him in this case, there was no need of any reply, as every one who had spoken had raised his

voice in favour of his motion. The sufaje c of the Parkhurst Boys, which had been referred to by the learned Attorney General, had not escaped his own notice' as bearing upon this question, but he bad refrained from alluding to it until the return which he had called for had been placed on the table. He was aware that many of those boys, whose opportunities for reformation iv England were very great, had turned out badly when set free in this colony ; but still he should be sorry to make a sweeping charge against them collectively, as he knew of several good exceptions among them. He would now state to the Council, that on Tuesday next he would be prepared with a resolution for their adoption on the subject. The Governor said, that he would wish to have the resolution that the honourable member would propose placed on the notice book previous to the time he had named for bringing it forward. His reason for that was, that he thought the Council might go a step beyond what seemed to be in contemplation by them, namely, the mere forwarding of an address expressing their disapprobation of the proposal to introduce exiles. He had already forwarded to the Secretary of State one petition from the inhabitants of this district, and one from the native inhabitants also ; there had been a petition from the natives of another portion cf the islands, and one from the Legislative Council of New Munster, all on the same subject. And in addition to those he would have forwarded the letters that had been sent in to the Local Government, which were all, except those from three magistrates, opposed to the proposal of sending convicts here. Now he thought that the Secretary of State would at once understand the views and feelings of the inhabitants on the subject of his proposal from these several documents ; but the Council might go a step farther, which he conceived to be their duty, and make a proposal which might be viewed as an interesting one. At present we send our convicts from our own shores to those of another colony, at the expense of Great Britain, protesting at the same time against the felons of other countries being sent here ; but were we to propose to provide for our own criminals, and keep them here at our own expense, we might then protest with better grace than we can at present. He believed that there was no colony of Great Britain better adapted than New Zealand for the punishment and reformation of criminals; there is abundant space within her limits, from the Three Kings to the Auckland Islands and the Chathams, for the beneficial employment of them. He thought, therefore, that New Zealand, whilst refusing to become the receptacle of the criminals of other lands, should make provision for her own ; and although he had himself most decidedly objected to the introduction of convicts here, yet he could not call on Great Britain to take charge of her own convicts, while he was content with our own system of sending our criminals elsewhere. If, therefore, the Council should unanimously object to receive co,nvicts fronrother countries, they at least should not be unwilling to provide for the custody and reformation of those of this country within itself; and should the resolutions that would be brought forward contain such a proposition, he would promise to give them all the assistance and support that was in his power. Mr. Merriman then promised to place the terms of his resolution on the notice book on Saturday next.

Crown Lands Bill. On the motion of the Colonial Secretary, the Council resumed in committee on this bill, which was amended by the addition of several clauses, one of which gives the power of appeal against the assessment of the Commissioners, the appeal to be made to a Resident Magistrate or two Justices of the Peace. After which the committee adjourned. The Governor laid on the table several of the returns called for by Messrs. Merriman and Barstow on Saturday.

Appropriation Bill. The Colonial Treasurer moved the second reading of the Appropriation Bill. The title and preamble were read, and allowed to stand ; but on the reading of the first clause, which includes the various items in the Estimates for the year 1849 — 50, Mr. Merriman proposed an adjournment of the committee until Thursday. Committee adjourned accordingly. (To be continued,')