The relaxation of the severity of our penal code at home, during the last thirty years, however loudly called for by considerations of justice and humanity, has undoubtedly had a most pernicious influence on the class of convicts who have, during that period, been sent to the colonies. In so far as that change of system has diminished the frequency of the infliction of the punishment of death, and limited, practically speaking, that dreadful penalty to cases of wilful and inexcusable murder, it must command the assent of every benevolent and well-regulated mind. But, unfortunately, the change has not stopped there. It has descended through every department of our criminal jurisprudence, and come in that way to alter much for the worse the class of criminals who of late years have been sent to the penal colonies. The men who were formerly hanged are now for the most part transported; those formerly transported are now imprisoned; and those sent abroad have almost all, on repeated occasions, been previously confined, generally for a very long period. As imprisonment scarcely ever works any reformation on the moral character or habits of a prisoner, whatever improved skill in handicraft it may put into his fingers, this change has been attended with most serious and pernicious effect on the character of the convicts sent to the colonies, and gone far to produce the aversion with which they are now everywhere regarded.
It has been often observed, by those practically acquainted with the working of the transportation system in the colonies, that the Irish convicts were generally the best, and the Scotch, beyond all question, the worst who arrived. This peculiarity, so widely different from, in fact precisely the reverse of, what has been observed of the free settlers from these respective countries, in every part of the world, has frequently been made the subject of remark, and excited no little surprise. But the reason of it is evident, and, when once stated, perfectly satisfactory. The Scotch law, administered almost entirely by professional men, and on fixed principles, has long been based on the principle of transporting persons only who were deemed irreclaimable in this country. Very few have been sent abroad for half a century, from Scotland, who had not either committed some very grave offence, or been four or five times, often eight or ten times, previously convicted and imprisoned. In Ireland, under the moderate and lenient sway of Irish county justices, a poacher was often transported who had merely been caught with a hare tucked up under his coat. Whatever we may think of the justice of such severe punishments for trivial offences, in the first instance, there can be but one opinion as to its tendency to lead a much better class of convicts from the Emerald Isle, than the opposite system did from the shores of Caledonia. Very probably, also, the system of giving prisoners "repeated opportunities of amendment," as it is called in this country – but which, in fact, would be more aptly styled "renewed opportunities for depravity" – has, from good but mistaken motives, been carried much too far in Scotland. Be this as it may, nothing is more certain than that the substitution of a race of repeatedly convicted and hardened offenders, under the milder system of punishment in Great Britain, during the last twenty years, for one comparatively uninitiated in crime, such as were formerly sent out, has had a most pernicious effect on the character of the convicts received in the colonies, and the sentiments with which their arrival was regarded.
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