Читать книгу The History of Tasmania (Vol. 1&2) - John West - Страница 34

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The powers of legislation confided to Arthur did not slumber. The council which enacted the laws, were chiefly officers of the government, and the discussion of measures was conducted in private. Whatever course they pursued, was justly ascribed to the governor himself. The early ordinances of Arthur added some new burden, or limited some indulgence. Their immediate aspect was, therefore, commonly austere and encroaching, even when their ultimate consequences were beneficial.

To prevent the clandestine sale of liquors (1827), the council authorised a constable, upon a magistrate's warrant, granted on the belief of any person that ale, beer, or spirits were sold, to break open the house and seize the liquor; and unless the owner could satisfy the magistrate, the constable was permitted to stave and destroy the vessels. For the sale, not only were heavy penalties imposed, but unless paid the offender was liable to perpetual imprisonment; and even appeal was prohibited, except the penalty was first paid: one-half to the informer. This ordinance was afterwards mitigated.

The penal character of the colony was constantly indicated in the entire spirit of legislation. Thus a house could be broken into at night, when a person suspected as an absconder was expected to be found there: whoever engaged a convict, though in ignorance of his civil condition, incurred the penalties of "harboring." Publicans were liable to fines for supplying such persons, even with common refreshment. Any man might arrest another, whom he chose to fancy a convict at large. These deviations from the practices of society in its regular state, were occasionally vexatious, but not commonly. The settlers being acquainted with each other, and the servants usually known to the constables, prevented those practical evils, otherwise inevitable.

Few colonial enactments have occasioned more vexation than the impounding laws. The interests of the grazier and agriculturalist were at variance. When the country was parcelled out for cultivation, the losses and annoyances of the settlers were severe. Their land unfenced, was often suddenly visited by a herd of several hundreds: their crops were trodden down, and devoured in a few hours. The invaders when alarmed were soon beyond reach. Nor was this the sole mischief: tame bullocks, seduced by the interlopers, often joined their flight; many days were spent before they were recovered; often they were finally lost. The unfortunate farmer, in the most important season, was compelled to leave his lonely home, and attended by reluctant laborers travel over many a hill and dale in search of the fugitives, with sadness of heart.

At the accession of Arthur, the country about the Clyde and Shannon was stocked with numerous herds, and from their bulk, the lands on which they fed were then called the Plains of Bashan. The herdsmen acquired great skill in tracking and driving the cattle. Their stations were in advance of the located districts, and opened many fine patches of country. Their horsemanship was celebrated: they gallopped amidst the trees—now stooping, now leaning to the right or to the left; avoiding obstruction and escaping collision with wonderful agility. They lived a half savage life; were the reckless oppressors of the natives; often the accomplices of the bushrangers, and accused of many crimes. To brand the cattle, they were driven within an enclosure seven feet high, and when exhausted by hunger, one man armed with a pole threw a loop round the horns, another entangled the legs, and the beast was branded with a heated iron; then turned into the woods, or driven to market. Little caution respecting the rights of ownership was observed: several were capitally convicted, when probably they were careless rather than deliberately criminal.

An impounding law was proclaimed by Macquarie in 1820; but cattle being often driven to the pound for the sake of the fees, the ordinance was relaxed by Sorell. This continued the colonial rule until 1830, when Colonel Arthur enacted a more stringent law. The large stockholders were great sufferers, and were compelled to reduce their herds and increase their expense. The constables often corruptly exercised the great power this law gave them: cattle driven to the most distant pounds were not discovered until their expenses were greater than their value.

The larger herds belonged chiefly to gentlemen, of different families, but of the name of Lord. In describing their depredations, it was said that a party of the E.L.'s, D.L.'s, or the R.L.'s, had made an excursion. The complaining farmer was told that he might impound, but not maim them; but a troop of horsemen were required for this purpose.

The operation of the law was unequal: the small settler fed his stock on the rocks behind his location, where his rich neighbour, who could influence the police, was a competitor. Often his stock were never heard of until sold, perhaps to the son of the poundkeeper. Many hundred were bought for a few shillings each. False claims of damage were set up, and a kind of black mail was levied on the settlers to preserve their stock from molestation. To protect themselves, many of the more opulent settlers obtained the appointment of poundkeepers; and this office was held by persons who claimed the highest station in the country. The incessant complaints in newspapers of the day, partly prove the severity of the regulation. It was, of course, a subject of reproach to the government; yet it is certain that, while the injury was partial, the principle of the law was sound, and its operation on the whole beneficial.

To prevent the increase of dogs, a tax was imposed (1830). The aborigines possessed large packs, from fifty to three hundred. On the destruction of the aboriginal tribes, these animals escaped, hunted in large numbers, and committed great havoc, among the flocks: farmers lost five hundred sheep in a season. By a single gripe these wild marauders destroyed a sheep, and a few minutes were sufficient to strew the downs with dead. A tax was imposed, from 5s. to £1 each. Large establishments required many sheep and watch dogs, and the cost amounted to £8 or £10 per annum. The constables had summary power to destroy canine vagrants without collars, in town or country.

The Huskisson Act applied the laws of England to the colony, and thus it became a question whether the English interest of 5 per cent. were not the limit of lawful usury. The government paid larger amounts on the deposits of prisoners, and capital on such terms must have forsaken the country; the council, therefore, declared the restriction inoperative.

These ordinances were the subject of endless and angry discussion. The feelings of the community were not carefully consulted, and laws in the main useful, were too often pertinaciously encumbered with provisions both irritating and needless. The motives of the lawgivers were canvassed without reserve. They were supposed to employ their powers to facilitate extortion, in the profits of which they were said to share.