Large amount of convict labour available for employment—Free settlers too few to utilise it—Applied chiefly to public works—Premature erection of public edifices—Convicts given good wages and plentiful drink—Many grow rich—Governor Macquarie favours convicts unduly—Hostility shown him—Strong antagonism between classes—Great impetus to free emigration—Convict labour in demand—System of assignment revived—Discipline maintained by the "cat"—Efforts toward fair administration.

The peculiar condition of the colony now was the presence therein of a supply of convict labour, growing larger also from day to day as vessels with their cargoes arrived, for which there was no natural demand. When General Macquarie assumed the government the influx of male convicts had been so great in the five years preceding 1809, that the free settlers were unable to find employment for more than an eighth of the total number, though the labour was to be had for the asking, and cost nothing but the price of raising the food the convicts consumed. In point of fact, the free settlers were still too few and their operations too limited. Seven-eighths of the whole supply remaining on hand, it became necessary for the governor to devise artificial outlets. He was anxious, as he tells Earl Bathurst, "to employ this large surplus of men in some useful manner, so that their labour might in some degree cover the expense of their feeding and clothing." The measures by which he endeavoured to compass this shall now be described.

There is a stage in the youthful life of every colony when the possession of an abundant and cheap supply of labour is of vital importance to its progress. Settlers in these early days were neither numerous enough nor wealthy enough to undertake for themselves the work of reclaiming land, of establishing harbours and internal communications on a scale sufficiently wide to insure the due development of the young country. At such an epoch a plentiful supply of convict labour pouring in at the cost of the home government is certain to be highly valuable. Merivale points out how some such timely assistance to British Columbia in more recent years would have given an enormous impetus to the development of those provinces. It would be premature to discuss, at this period of my narrative, the question whether the advantages gained would outweigh the positive evils of a recurrence to transportation on any grand scale. Some of these evils might disappear if the system were carried out with all the safeguards and precautions that our lengthened experience would supply. But the main objection—the excessive costliness of the scheme—would remain.

This stage New South Wales had now reached, and the governor, finding himself amply supplied with the labour so urgently needed, bent all his energies to bringing forward the latent resources of the colony. His reign began at a period of great scarcity. Repeated inundations on the Hawkesbury had entailed disastrous losses on the whole community. He decided, therefore, to form new towns at points beyond the reach of the floods, and to open up to them, and throughout the province, those means of communication which are so essential to the progress of a new country. Upon the construction of these roads he concentrated all his energies and all the means at his disposal. Not much skilled labour was needed, yet the work was punitive and was also beneficial to the whole community. No better employment could have been devised for the convicts. Under his directions, towns before disconnected were joined by means of excellent highways, while other good roads were driven through wild regions hitherto unsettled if not altogether unexplored. The greatest exploit of that period was the construction of the road across the Blue Mountains to Bathurst, the whole length of which was 276 miles; and there were, besides, good wooden bridges at all necessary points. Beyond doubt, to these facilities of intercommunication is to be attributed the early advance of the colony in wealth and prosperity.

But Governor Macquarie's other undertakings, though well intentioned, were not equally well designed either for the improvement of the colony or the amelioration of its people. No doubt his was a difficult task, his course hard to steer. He had means almost unlimited, a glut of labour, and behind him were the open purse-strings of the mother-country. How was he to make the most of his advantages? This labour, of which his hands were full, came from a mass of convicts, each one of whom already represented a considerable charge on the imperial funds. It had been expensive to transport him; now he was costly to keep. Could he not be made in some measure to recoup the treasury for the outlay he occasioned? It was obvious that he should, if possible, contribute to his own support. Yet Governor Macquarie, in spite of his promises, aimed at nothing of the kind. His chief object—next after making roads—was to embellish the principal towns of the colony with important public works—works for the most part unnecessary, and hardly in keeping with the status of the young settlement. Roads were urgently needed; but not guildhalls, vast hospitals, spacious quays, churches, schools, houses and public offices. In these earlier years, buildings of more modest dimensions might well have sufficed for all needs. But under the Macquarie regime Sydney sprang from a mere shanty town into a magnificent city. It was almost entirely reconstructed on a new plan, the lines of which are retained to this day. The convict huts gave place to prisoners' barracks, the mean dwellings of the settlers to streets of imposing houses. The whole external aspect of Sydney and Parramatta was changed. In all, the new public buildings numbered more than 250, and the list of them fills ten closely printed pages of a parliamentary report.

Yet all this expenditure was not only wasteful and at the time unnecessary, but its direct tendency was to demoralise the population. The labourers required for works of such importance were of course collected together upon the scene of operations. In other words, crowds of convict artisans were congregated in the towns, and countenanced each other in vice. Many of the works were carried out by contract, the contractors employing convict hands, bond or free, still serving or emancipated; and in both cases they paid wages half in cash, and half in property, which consisted of groceries and ardent spirits. This was the "truck system," neither more nor less, which the contractors made still more profitable to themselves by establishing public-houses close to their works, at which the cash half of the wages soon returned to them in exchange for the drink supplied. Naturally vice and immorality grew apace. The condition of the towns was awful, and the low pleasures in which they abounded attracted to them many people who might otherwise have been contented to live quietly upon their grants of land. But the choice between congenial society with plenty of drink, and the far-off clearing with honest labour for its only joy, was soon made in favour of the former, and every one who could, flocked into the towns. The governor had indeed tried hard to form an agricultural population. With this object he had conceded larger grants than his predecessors, in the hopes that emancipated convicts would settle upon them and reform. It was thought that "the hope of possessing property, and of improving their condition and that of their families, afforded the strongest stimulus to their industry, and the best security for their good conduct." But these advantages were remote, and gave way at once before the present certainty of being able to barter away the land they got for nothing or in exchange for ten or fifteen gallons of rum. If this plan of manufacturing industrious small proprietors out of the recently emancipated convicts was meant to answer, the grant of land should have been made conditional on actual residence thereon, and accompanied by tangible results gained by actual labour done, which must be shown before the acres were finally conveyed. Now it was proved that many of Governor Macquarie's grantees never took possession of their land at all: the order for thirty acres was changed at once for the much coveted means of dissipation. Hence, though towns grew fast in beauty and importance, the forest lands or wild tracts in the interior remained unsettled; and the crowds of ex-criminals who might, by judicious treatment, have turned into virtuous farmers, rapidly degenerated into a mass of drunken dissipated idlers.

These were indeed fine times for the convicts. There was labour for all, remunerative, and not too severe; liquor was cheap, and above all the governor was their friend. It would be, however, more than unfair to charge General Macquarie with any but the best motives in his tenderness for the convict class. He conceived that the unfortunate people who composed it were the especial objects of his solicitude. To promote their reform, and to bring them to that prosperity which should make this reform something more than mere idle profession—these, as he thought, were among the first of his duties as the governor of a penal colony. In his prosecution of such views he did not halt half way. The manner in which he favoured and encouraged the emancipists came to be a by-word. It was said in the colony that the surest claim on Governor Macquarie's confidence and favour was that of having once worn the badge of a convicted felon. Very early in his reign he made it clear that this would be his policy. The year after his arrival he advanced one ex-convict to the dignity of a justice of the peace; another was made his private medical adviser; and both, with many others, were admitted to his table at Government House. Nor were the recipients of these favours always the most deserving among their fellows for the honours showered upon them. It was taken for granted that the possession of considerable wealth was proof positive of respectability regained; yet in the case of Governor Macquarie's emancipist magistrate, it was notorious that he had become rich by methods of which honest men would hardly be proud. Transported as a lad for rick burning, after serving his time in the colony he had been a shop-keeper, a constable, and last a publican; in which line, by means of liberal credit, he had soon amassed a fortune. His case was only one of many in which ex-convicts had grown rich, chiefly by preying on their still more unfortunate comrades, taking mortgages on grants as payment for long arrears of accounts for groceries and drink, and by and by seizing all the land. But no more emancipists were made magistrates after 1824.

Then, in many instances, members of the convict class were by far the shrewdest and best educated in the whole community. Settlers of the better class were few in number, so the sharp rogues had it all their own way. They had capital moreover. Several brought money with them to the colony, the fruit of their villainies, or their wives followed them with considerable sums acquired in similar fashion. For these men, especially if they had held fairly good positions at home, transportation was almost a farce. It merely meant removal at the public expense to a land, remote certainly, but in which they were little less comfortable than at home, and where they moreover had exceptional facilities for making money fast; and they had it all to themselves. Governor Macquarie discouraged free emigration. He did not want to see settlers. He looked upon them as out of place, nay more, as a positive encumbrance to the colony. New South Wales was a settlement, he said, made by convicts for convicts—"meant for their reformation; and free people had no right to come to it." So he continued to pat his favourites on the back: gave them land, and more land, as many assigned servants—their former partners possibly in many a guilty scheme—as they wished; and last but not least, provided a market for the very crops he had assisted them (by convict labour) to raise. It was not strange, then, that with a yearly influx of thousands of new hands, and the rapid upward advance of all who were ordinarily steady and industrious, the emancipists should come as a class to gain strength far in excess of their deserts, and sufficient from their numbers to swamp all other classes in the community.

There were frequent heartburnings in New South Wales during the reign of Governor Macquarie on account of his overstrained partiality. The discontent was heightened by his plainly spoken desire to force his own views down the throats of those nearest him in the social scale: not satisfied with openly countenancing them himself, he insisted that the officers of regiments receive emancipists as guests at mess. Bigge says on this point: "The influence of the governor's example should be limited to those occasions alone when his notice of the emancipated convicts cannot give offence to the feelings of others, or to persons whose objections to associate with them are known. The introduction of them on public occasions should, in my opinion, be discontinued. And when it is known that they have been so far noticed by the governor of New South Wales as to be admitted to his private table and society, the benefit of the governor's example may be expected to operate; and it will also be exempt from the fatal suspicion of any exercise of his authority." Again, when Mr. Bent, judge of the Supreme Court, refused to allow certain attorneys, ex-convicts but now free, to practise as solicitors, the governor complained to the home government that this judge was "interfering unwarrantably with a salutary principle which he (the governor) had been endeavouring to establish for the reformation of the convicts." Now at this very time an act was in force which deprived all persons convicted of perjury or forgery from ever again practising in the courts at home, and Judge Bent in refusing to administer the oaths to these emancipist attorneys was but carrying out the law; yet on the governor's representation he was removed from the bench.

There were other cases not less plainly marked. As a natural consequence, the antagonism was deepened between the two classes which were so widely distinct—the virtuous Pharisees, that is to say, and the thriving publicans. The former despised all who had come out "at their country's expense;" and the latter hated the settlers, as people of a lower class not seldom hate social superiors to whose "platform" they are forbidden to hope to rise. Eventually, as we shall see, after a long protracted warfare and varying successes, the free population gained the day; but not till the lapse of years had strengthened their numbers out of all proportion to their antagonists, and given them the preponderance they at first lacked.

The struggles between these two classes fill up the whole of the annals of the next years of the colony. All said, however, it cannot be denied that under the administration of General Macquarie the colony prospered. The population was nearly trebled between 1809 and 1821, and there was a corresponding increase in trade and in the public revenue. Just before this governor left the colony it contained 38,788 souls; there were 102,929 horned cattle, 290,158 sheep, 33,000 hogs, and 4,500 horses; and 32,267 acres had been brought under cultivation. The moral tone of the community, too, was slightly raised; marriage had been encouraged in place of an indifferent and disreputable mode of life which till then had been largely prevalent. "In externals, at least," says Laing, "the colony itself assumed quite a different aspect under his energetic and vigorous management from what it had previously worn."

Speaking of his own administration and his efforts to elevate the convict population in the scale of society, Governor Macquarie said for himself, as against his detractors, "Even my work of charity, as it appeared to me sound policy, in endeavouring to restore emancipated and reformed convicts to a level with their fellow-subjects—a work which, considered in a religious or a political point of view, I shall ever value as the most meritorious part of my administration—has not escaped their animadversions."

And yet, however praiseworthy his efforts, they were misdirected; and beyond doubt, in his desire to discourage the influx of free people, he committed a fatal error. It was his wish, of course, to further the development of the colony; but he could not do this half so satisfactorily by the establishment of penal agricultural settlements, as could substantial emigrants working with capital behind them for their own profit. Moreover, these agricultural settlements started by Governor Macquarie cost a great deal of money. Again, the free classes of the community would not have found themselves for a long time outnumbered had not immigration been systematically discouraged. The formation of an independent respectable society, armed with weight and influence, was, as I have said, much needed in the colony. In this respect General Macquarie had departed from the policy of his predecessors. Captain Philip was eager enough, as we have seen, to attract settlers, and had his recommendations been persistently followed the colony would have found itself the sooner able to raise grain enough for its own consumption.

Sir Thomas Brisbane, on the other hand, who came after Governor Macquarie, recognised the full importance of the principle, and his reign is memorable as marking the period when settlers in any considerable numbers first flocked to the colony. But it was no longer the humbler classes who came. None of these did the governor want, but persons who were well-to-do, who could take up larger grants and find plenty of employment for the rapidly increasing convict population. Sir Thomas Brisbane held out every inducement to attract such persons. At this period, thanks to the unceasing arrival of new drafts, the number of felon exiles on charge continued to form a serious item in the colonial expenditure. To get quit of all or any the governor was only too glad to offer almost any terms. The grants of land were raised from 500 to 2,000 acres, which any one of moderate respectability might secure, provided only he would promise to employ twenty convicts; rations also were to be given from the King's store for self and servants for the first six months, and a loan of cattle from the government herds. The newcomers therefore were mostly gentlemen farmers, younger sons of land-owners, or commercial men who had saved something from a general crash in business. Most of these people were sufficiently alive to their own advantage to realise the opportunity now held out to them. Land for nothing, food and stock till the first difficulties of settlement were overcome—these were baits that many were ready enough to swallow. Labour was also gratuitously provided by the same kind hands that gave the land.

For some years this more than parental encouragement continued, till at length the influx of settlers came to be thoroughly felt. The labour that was so lately a drug, was now so eagerly sought that the demand grew greater than the supply. The governor was unable to comply with all the requisitions for servants made by the land grantees. This at once brought about the abandonment of the agricultural penal settlements established by General Macquarie. Their success had always been doubtful: although land to a considerable extent had been cleared, timber felled, buildings erected, and farming attempted, no great results had ever been obtained. Indeed now when the land which had thus been occupied was again resumed, it was found to have been little benefited. One by one they were broken up. They were costly and unproductive. On the other hand, the settlers, old and newly arrived, were clamorous for the hands thus wastefully employed. "So steadily," says Laing, "did the demand for convict labour increase on the part of the free settlers that, during the government of Lieutenant-General Darling, there were at one time applications for no fewer than 2,000 labourers lying unsatisfied in the office of the principal superintendent of convicts."

We have now really arrived at the second stage in the history of transportation. Although from the first origin of the settlement convict servants were readily provided for any master who might ask for them, the applications, as I have said, were few and far between, amounting in 1809 to an eighth only of the total numbers available, and requiring, as late as 1821, to be accompanied by the bait of distinct and tangible bribes. But now had dawned the days of "assignment" proper, the days of wholesale slavery, where private persons relieved the state of the charge of its criminals, and pretended to act, for the time being, as gaolers, taskmasters, and chaplains, in return for the labour supplied at so cheap a rate. How far the persons thus called upon to exercise such peculiar functions were entitled to the confidence reposed in them was never in question till the last few years. Emancipists got their convicts too, and of course among the settlers many were quite unsuited for so serious a charge.

The failure of assignment as a method of penal discipline will be seen later on, when its great inherent evils had had time to display themselves. At first the chief fault was over-leniency—so much so that General Darling came out as governor charged with orders to subject the convicts to more rigorous treatment. Dr. Laing, in his "History of New South Wales," is of opinion that, about this date, much unnecessary severity was noticeable in the carrying out of the sentence of transportation. He states that convicts were now treated by the subordinate agents, who saw that severity was the order of the day, "with a reckless indifference to their feelings as men which their situation as criminals could never have warranted."

Nevertheless it must be confessed that the condition of convicts could not be irksome when soldiers envied it, and committed crimes on purpose to become felons too. This was proved in the case of certain soldiers who had turned thieves in Sydney simply that they might be sentenced to transportation. They were caught, convicted, and sentenced to seven years at Moreton Bay or Norfolk Island. Had their story ended here the bare record of it might suffice, but it so happened that very serious consequences ensued, and these I cannot refrain from recounting. As it came out quite clearly upon their trial what had been the object and design of their theft, Governor Darling resolved that they should be treated with extra rigour, "it being an intolerable and dangerous idea that the situation of a soldier was worse than that of a convict or transported felon." The seven years at a penal settlement was therefore commuted to seven years hard labour in chains on the roads of the colony. The intention of this change was doubtless that their old comrades should sometimes see them as they were marched to and fro; but besides this, it was ordered that at the end of their sentence they should return to their regiments. Therefore, after the proceedings of the trial had been promulgated, the prisoners were publicly stripped of their uniforms, iron collars with spikes projecting were placed around their necks, from which iron chains hung and were fastened to basils on their legs. Thus arrayed they were drummed out of their regiment (the 57th) to the tune of the Rogues' March. Under the horrors of this punishment one man, Sudds, immediately sank, and died the following day. The survivor then made a statement to the effect that Sudds complained bitterly of his chains. The projections on the collar prevented the prisoners from stretching at full length when lying on their backs. They could not lie at full length without contracting their legs, nor could they stand upright. The collar was too tight for Sudds' neck, and the basils too tight for the other's legs.

In reporting this whole case to the Secretary of State, Governor Darling says, "However much the event is to be regretted, it cannot be imputed to severity; none was practised or intended.... With respect to the chains which are designated instruments of torture, it will be sufficient to state that they weigh only 13 lbs. 12 ozs.; and though made with a view of producing an effect on those who were to witness the ceremony, the extreme lightness of their construction prevented them from being injurious in any respect to the individual." On the other hand, Laing says the irons usually made for the road gangs in the colony did not weigh more than from 6 to 9 lbs.; while those brought out for convicts on board prison ships from England weighed only from 3½ to 4 lbs.

Following all this came vituperative attacks in the press. Papers inspired by the government defended General Darling, and the fight was long and bitter. One result was the passing of several acts known as "Gagging Acts," intended to check the virulent abuse perpetually aimed at the government, but they failed to have the desired effect. Governor Darling grew more and more unpopular, and on leaving the colony he was threatened with impeachment. A Parliamentary commission did, eventually, inquire into his administration, and completely exonerated him from all charges.

Speaking of the trial and sentence of these soldiers, Laing observes,—"It would be unjust to consider Sir Ralph Darling's sentence by the light of public opinion in England. He was governor of a colony in which more than half the community were slaves and criminals; he had to arrest and punish the progress of a dangerous crime; but he fell into the error of exercising by ex post facto decree, as the representative of the sovereign, powers which no sovereign has exercised since the time of Henry VIII, and violated one of the cardinal principles of the British Constitution by rejudging and aggravating the punishment of men who had been already judged. At the present day it is only as an historical landmark that attention can be called to this transaction, which can never be repeated in British dominions." It is more than probable that, as a military officer of rank, he was doubly disposed to reprobate the offence recorded. All his soldierly instincts were doubtless hurt to the quick by the notion that the private men of an honourable profession preferred an ignominious sentence to service with the colours of their corps. From this came his uncompromising attitude, and the seemingly unjustifiable violence of his measures.

But except in this one instance, Sir Ralph Darling proved himself an efficient administrator. His sympathies were certainly with the "exclusionists" as against the "emancipists;" and therefore, by the latter and their organs, he was persistently misrepresented and abused. But he was distinctly useful in his generation. A most industrious public officer, he spared himself neither time nor trouble. Every matter, however unimportant, received his closest personal consideration. He may have made mistakes, but never through omission or neglect; besides which, he introduced order and regularity in the working of the state machine. Method followed disorganisation; ease and freedom, where before had been friction and clogging interference between its several parts. One of his earliest acts had been to regulate the system of granting land, which under the previous administration had fallen into some confusion. It was he who established a Land Board, and who ruled that grants were to be made to people only according to their means of improving the acres they got, and not as heretofore, simply in answer to mere application.

In these and other useful labours the lead he gave was consistently followed by his immediate successor, Sir Richard Bourke, who came to the colony in December, 1831. Although by the extension of the colony the personal character of the governor was no longer of such paramount importance as in earlier days, the arrival of an efficient administrator was a distinct benefit to the whole settlement. Sir Richard Bourke was unquestionably a man of character and vigour. The measures he introduced were all salutary. Not only did he encourage free immigration, but he made fresh laws for the distribution and coercion of the convict population. His regulations for assignment—to which I shall refer directly—were wisely planned; and the reforms he introduced in the constitution of the courts of justice were as sensible as they were necessary. He had found that the decisions of local magistrates in the cases of the misconduct of convict servants were extremely unequal: some were ludicrously lenient, others out of all proportion severe. He thought it advisable to establish some uniform system by which magistrates should be guided in the infliction of summary punishments; and he passed, therefore, an act known henceforth as the "Fifty Lashes Act." This substituted fifty lashes for the first offence cognisable in a summary way, in lieu of one hundred and fifty; and made the powers of a single magistrate somewhat less than those of a bench of two or more. At the same time it was ruled that a "cat" of uniform pattern should be used in every district. "Each bench had before superintended, or left to its inferior officers, the construction of its own scourges, which varied according to accident or caprice; nor could it ever be ascertained by the mere number of lashes ordered what degree of pain the culprit was likely to have suffered." This restriction of their power was not palatable to all the magistrates, and petitions were presented to His Excellency, protesting against his new act. They urged that now their authority was utterly derided. "Such a feeling," says Sir Richard, commenting on their petition, "is not to be considered extraordinary, as it requires much judgment and moderation to overcome the instinctive love of power.... The magistrates who felt the diminution of their power as a grievance may perhaps have been excited to expressions of complaint by the annoyance to which, in their character of settlers, they are exposed from the misconduct of their assigned servants. They do not perhaps consider that the natural dislike to compulsory labour, which is part of human nature, and has existed and ever will exist under every form or mode of government, must offer great difficulties to those who seek to carry on their business by such means. Severity carried beyond a certain point, especially towards men of violent and turbulent feelings, will only tend to inflame this indisposition to labour with more dangerous acts of desperation and revenge."

However, to give the petitioners no just cause for complaint, he instituted a formal inquiry into "those circumstances connected with the discipline of the prison population which formed the subject of the petitions." Reports were called for from the police of the several districts. From them it was clearly apparent that fifty lashes with the new cat were quite enough for any one, provided they were properly administered. "The sufficiency of the law and of the instrument of corporal punishment, in all cases where proper superintendence is exercised, being thus established on unexceptionable evidence," His Excellency considered it would be inexpedient, nay, dangerous, to add to the severity of either, "merely because, in some instances, the wholesome vigour of the existing law has been impeded by a negligent or corrupt execution. In reading the reports which have been presented, the governor could not fail to observe that where punishments have been duly inflicted, the power of the magistrates has been anything but derided. While perusing these painful details, His Excellency has indeed had abundant reason to lament that the use of the whip should of necessity form so prominent a part of convict discipline in New South Wales; but believing it to be unavoidable, the governor must rely on the activity and discretion of the magistracy for insuring its wholesome and sufficient application."

The clear-sighted policy adopted by Sir Richard Bourke in carrying out the last mentioned reform was no less observable in his treatment of the question of assignment. The system by which servants were assigned to settlers was undoubtedly not altogether free from abuses. It was alleged that successive governments worked it quite as a source of patronage to themselves. Governor Darling had however established an assignment board, which to some extent equalised the distribution of the convicts among the settlers. But it remained for Sir Richard Bourke to put the whole question on a thoroughly satisfactory footing. The rules he promulgated did not make their appearance till he had been four years in the colony; after he had gained experience, that is to say, and time to consider the subject in all its practical bearings. Excellent though they were, they were rather late in the field. From the date of their appearance to that of the final suspension of transportation there were but five years to run. The pains taken by Sir Richard Bourke are evident from his despatch to the Secretary of State for the Colonies, dated June, 1835. He observes, "My chief object in this measure has been to substitute for the invidious distinction hitherto more or less vested in the officers entrusted with the duty of assigning convicts to private service, strict rules of qualification, intelligible alike to the dispenser and receiver of penal labour, and from which no deviation shall be permitted. It is not until after much delay, and after maturely weighing the suggestions of the various parties, that I have ventured to deal with this important and difficult subject."

The main principle of the new regulations was that servants were to be assigned solely in proportion to the land the masters occupied. A carefully prepared scale was drawn up fixing this proportion, which, speaking roughly, was at the rate of one servant per 160 acres of ordinary land, and one per 20 acres under plow or hoe culture. At the same time it was ruled that, as all mechanics were more valuable than mere labourers, each of the former should be equal to two and sometimes three of the latter. Thus one blacksmith, bricklayer, carpenter, or cooper, counted as three labourers; while a plasterer, a tailor, shoemaker, or wool-sorter, counted only as two. An entirely new process of application for these servants was also laid down. A special sessions was to be held in every district in September, for the purpose of receiving and reporting on all such applications. It was the duty of the magistrates in sessions to "inquire into the correctness of the facts stated in each, requiring such evidence thereof as to them shall seem proper; and they shall in no case recommend the claim of any applicant unless perfectly satisfied of the truth of the statement on which the application is founded."

Over and above this they were also required to look into the moral qualifications of the assignee. They were not to recommend any person "who is not free, of good character, capable of maintaining the servants applied for, and to whose care and management they may not be safely entrusted." Had this regulation been enforced at an earlier date the system of "assignment" might have been worked with greater success. The applications having been duly passed at sessions were then forwarded to the assignment board at Sydney. Throughout, the greatest care was taken to prevent underhand dealing: when eventually the time for actual assignment arrived, it was done by drawing lots, or rather numbers from a box in the office of the assignment board, and it was impossible for the officials to show favour or affection even had they been so inclined. The whole spirit of these regulations was thoroughly equitable and straightforward. The only object was to be fair to every one. Thus the land qualification was not insisted upon in the case of tradesmen who wanted assistance in their own calling; and respectable householders were also allowed to obtain indoor servants, though without an acre of land in the colony. With these rules were included others requiring masters to remove their servants without delay, and establishing certain pains and penalties against contravention of the new law.

These arrangements were indeed admirable, all of them, but they should have been earlier enforced. Not that Sir Richard Bourke was to blame for this. The change he instituted should have been made by his predecessors. But he was probably superior as an administrator to most who had gone before. At least he was clear-sighted enough to perceive that New South Wales had already outgrown the conditions of a mere penal settlement. He was of opinion that convict labour was no longer required, and that the abolition of transportation would be really a benefit to the colonial community. He was in this ahead of his time, but within a year or two of the close of his reign the same views began to be widely entertained both in Great Britain and her colonies. In fact, the period was now approaching when the idea of the possible abandonment of transportation was to take a tangible and substantial form.