•
Lords' Paper, No.
12
exceedingly well. In order to give greater extension to his system, he proposed to establish the following regulations, viz.:—
1. That the only ration issued to a convict should be lib. of flour a-day; that for the purchase of everything else, including clothes, tools, &c., he should depend on his credit in marks at the commissariat.
2. That when a convict should have accumulated the number of marks previously fixed as the price of his freedom, he should become at once free; and that a proportionate quantity short of that number should entitle him to proportionate relaxations.
3. That prisoners who had worked out their freedom, should be allowed to remain, for not more than six months, in prison, to work; and that the marks earned by them during that period, should be bought by the Government at double the price of the marks of convicts under punishment.
4. That, on their first arrival, the convicts should be required to form themselves into parties of six, and that the marks earned by the party should count in common.
7. That a civil and criminal court should be established, in which ticket-of-leave men should act as jurors.
8. That the lash and chains should be discontinued as instruments of punishment.
It is evident from the tone of Sir G. Gipps' answer to Captain Macon- 40 of 1846, p. 13. ochie, and of Lord John Russell's to Sir G. Gipps, that neither of them approved Captain Maconochie's proposed arrangements. He was however authorized to carry them into effect, so far as the existing law would allow
Connous Paper. No. 412 of 1841, p. út.
him.
16
In February 1811, Sir G. Gipps, in transmitting a second report from Captain Maconochie, observed. "the accounts which I receive from Norfolk "Island, unofficial as well as official, lead me to consider that Captain Maconochie's system is working well, as far as the behaviour of the con- "viets is concerned; and that it promises to produce good effects also, as a reformatory system. It is however a system of extreme indulgence; and whether, as such, it will answer all the ends that are sought for by the "punishment of transportation, is the first and most important question "that I consider to be at issue.
..
Captain Maconochie avows his opinion that the first object of all "convict discipline should be the reformation of the criminal. This opinion, "however agreeable it may be to the dictates of humanity, is not, I believe, the received one of legislators, who rather require as the first object of "convict discipline, that it should be a terror to evil-doers.
"The necessity of fixing, authoritatively, the end or object of convict "discipline, and of never suffering it to depart from our view, in devising "means to work out that end, is so obvious, that it cannot be necessary for "me to enlarge on it.”
Captain Maconochie's own report at this time represented the system as eminently successful. He stated that he had ceased to wish for the removal of any of the "old hands," except the aged and invalid; that he had no doubt of the reformation of the others; that, however, it would be impossible to maintain two systems in so small a locality as Norfolk Island; that "the wages principle seems invincible, and it is only necessary **now more and more to extend it;" and that extra work was readily under- taken for extra wages. He urged strongly an increase of his own powers, and the purchase by Government, at the expiration of a convict's period, of whatever marks he might have accumulated, beyond the price of his freedom; and in illustration of the good moral effects produced by his system, he reported that, at an adult evening school which he had estab lished, 200 voluntarily attended, paying twelve marks a-month each for the privilege, and that a scheme, of which he sent the prospectus, had been
13
recently proposed to him, for the relief, by voluntary donations in marks, of those among the new convicts who might be incapacitated by sickness
or accident, from working out their own progress to freedom.
In March 1811, Captain Maconochie reported the results of his expe- Sir G. Gipps. riment, after twelve months' trial. The report was written in a less confi- May 1, 1841. dent, or rather, less enthusiastic, tone than his former reports; and he Lords' Paper. No. 40 of 1846. p. 13. alluded to many difficulties arising from the imperfect development of his system. Nevertheless, he stated, "I am still enabled to report most favourably of the general conduct of the men. Of the English prisoners "it may be observed, in addition to all other good conduct, that, to the "number of 600, they have now been encamped above twelve months in "wooden barracks, two miles from any military station, and in all that time "nothing even remotely approaching to insubordination has appeared
among them.
The best points, indeed, among them, are those that have shown themselves spontaneously. They have been obedient; but it "is their voluntary exertion and self-denial that have given me far more "satisfaction." Of the old prisoners he stated that they had formed them- selves into an association for putting down bad language and other crime; that, consequently, "foul speaking is almost universally unpopular ;" that "nameless offences are equally under ban; I fear that they are still "committed, but it is in silence and secrecy, whereas formerly they were "boasted of;" that "truth is in esteem, and insubordination scarcely known;" and that although petty theft still continued, it was much less than formerly.
64
This report was transmitted by Sir G. Gipps without comment; but, August 20, 1841. from a subsequent letter addressed by the Colonial Secretary of New South ibid. p. 28. Wales to Captain Maconochie, it is evident that Sir G. Gipps viewed with great distrust the proceedings at Norfolk Island, After adverting to the difficulties which Captain Maconochie had encountered, and pointing out that they were, in a great degree, attributable to himself, the letter pro- ceeded: "The errors which you thus committed appear to his Excellency "to have been the consequence of your own too sanguine temperament, "and of your looking too lightly on the difficulties which were before you. Deeply impressed with the truth of your own principles, and elated, "it is not unreasonable to suppose, with the notice which your writings "had attracted in England, you appear to his Excellency to have set to "work with the idea that everything was to give way before you. Deep- "rooted feelings or convictions, especially those of the inhabitants of this colony, were to be set aside as idle prejudices, and even the safety of "New South Wales endangered; old established regulations, whether of "this Government, of the Ordnance, or of the Treasury, were to be over- ruled, as well as the orders of the Secretary of State; and Acts of the Imperial Parliament, no less than those of the Legislature of New "South Wales, altered or repealed, in order to make way for your system."
26
L
In February 1842, Sir G. Gipps transmitted Captain Maconochie's February 7. 1842, fourth report up to the close of 1841, stating that he felt great difficulty in ibid. p. 30. expressing any opinion on the subject, but proposed to take an early opportunity of visiting Norfolk Island. The report was as confident and sanguine as ever. "In no case," said Captain M., "have I failed to "realize all, or even more than all, that I had ventured to expect." The great bulk of the report was devoted to advocating a discontinuance of the distinctions between the new and old hands; which, however, Sir G. Gipps dissuaded, and Lord Stanley accordingly negatived.
In August 1842, Sir G. Gipps furnished a report on the Mark system, August 15. 1842. showing the great expense which, if fully carried out, it would entail. He ibid. p. 49. inclosed a report from Captain Maconochie, combating this conclusion, the most important part of which related to the moral results of the experi- ment. Of these Captain Maconochie spoke in the following terms: "1 deliberately claim the merit of almost complete success. have almost "made black white. With scarcely any change in the externals of a system "long known for its deteriorating effects, I have yet converted many pre- 'viously very bad men into good, by a mere change in the object pursued
by it.
Those whose sympathies were always opposed to the ends "pursued by Government before, are now leagued with it; and though
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